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

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, THURSDAY, MAY 23, 1996 No. 74 House of Representatives

The House met at 9 a.m. and was PLEDGE OF ALLEGIANCE Since our gentle debate has strayed called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the from the base bill, which is what we pore [Mr. WALKER]. gentleman from New York [Mr. SCHU- were supposed to be debating for these 90 minutes, I suppose I will join the f MER] come forward and lead the House in the Pledge of Allegiance. crew and stray also. I would say that from what I have Mr. SCHUMER led the Pledge of Alle- DESIGNATION OF SPEAKER PRO heard thus far, it would appear that we giance as follows: TEMPORE are following the big lie phenomena: I pledge allegiance to the Flag of the ‘‘If you tell the big lie enough times, The SPEAKER pro tempore laid be- United States of America, and to the fore the House the following commu- Republic for which it stands, one nation you will eventually begin to believe it nication from the Speaker: under God, indivisible, with liberty and jus- yourself.’’ And then, ‘‘If you tell it WASHINGTON, DC, tice for all. some more, you eventually get others May 23, 1996. f to believe it.’’ I hereby designate the Honorable ROBERT If we have agreed, or do by the time S. WALKER to act as Speaker pro tempore on MESSAGE FROM THE PRESIDENT the day is over, that we should increase this day. A message in writing from the Presi- the minimum wage, then it seems to NEWT GINGRICH, me it is time to turn our attention to Speaker of the House of Representatives. dent of the United States was communicated to the House by Mr. Edwin the whole idea of job loss and what f Thomas, one of his secretaries. that problem presents to the most vulnerable, the unskilled, the poorly edu- f PRAYER cated, the teens, and the senior citi- ANNOUNCEMENT BY THE SPEAKER zens. The Chaplain, Rev. James David PRO TEMPORE Now, that gets us to the big lie issue, Ford, D.D., offered the following pray- because we will hear over and over The SPEAKER pro tempore. The er: again that raising the minimum wage Chair announces that 1-minutes will be When we contemplate the wondrous does not cause unemployment or does held after the close of legislative busi- gifts that we have received from Your not remove the possibility that people ness on this day. hand, O God, and marvel in the ways with few skills and little education that Your spirit makes us whole, we f have when they try to get a job. But know that we are not adequate to re- yet we are told by the Congressional turn the blessing to You. Yet, O gra- EMPLOYEE COMMUTING FLEXIBILITY ACT OF 1996 Budget Office that a 90-cent increase cious God, we understand that in a could produce unemployment losses spirit of thankfulness, we can celebrate The SPEAKER pro tempore. The un- from 100,000 to 500,000 people. Your love to us by serving those about finished business is the further consid- A 1995 study by the University of us with deeds of justice and acts of eration of the bill (H.R. 1227) to amend Michigan and an economist there re- mercy. May we clearly see that in as- the Portal-to-Portal Act of 1947 relat- vealed that New Jersey’s minimum sisting others in their concerns and ing to the payment of wages to employ- wage increase led to a 4.6-percent re- leading in the ways of security and ees who use employer owned vehicles. duction in employment. peace for every person, we are serving The Clerk read the title of the bill. A 1995 report from the University of You, our God, our Creator, and Re- The SPEAKER pro tempore. Pursu- Chicago and Texas A&M University deemer. Amen. ant to the order of the House of found that with the last increase in the Wednesday, May 22, 1996, 1 hour of de- minimum wage, employment of teen- f bate remains on the bill. The gen- age males fell 5 percent while employ- tleman from Pennsylvania [Mr. GOOD- ment of teenage women fell 7 percent. THE JOURNAL LING] and the gentleman from Missouri In 1978, the Minimum Wage Study The SPEAKER pro tempore. The [Mr. CLAY] will each control 30 min- Commission determined that for every Chair has examined the Journal of the utes. 10 percent increase in the minimum last day’s proceedings and announces The Chair recognizes the gentleman wage, it results in a 1- to 3-percent job to the House his approval thereof. from Pennsylvania [Mr. GOODLING]. loss for teenagers. Pursuant to clause 1, rule I, the Jour- Mr. GOODLING. Mr. Speaker, I yield A 1995 study by economists from Ohio nal stands approved. myself such time as I may consume. University found a link between the

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.

H5503 H5504 CONGRESSIONAL RECORD — HOUSE May 23, 1996 minimum wage increases and the re- ing me this time, and I rise to oppose Mr. HUTCHINSON. Mr. Speaker, I cessions of 1990–91 and 1974–75. Further, strongly the Goodling amendment and just wonder where all of this passion the study determined that higher un- to talk about its effect on the underly- was 2 years ago when Democrats con- employment rates during the recession ing bill. trolled this Chamber, controlled the of 1990–91 and 1974–75 explained why, Today we were supposed to vote on a other Chamber and controlled the over the past two decades, the poverty bill to increase the minimum wage by White House. Not once, not once, was a rate rose in the year after the comple- 90 cents and to pay working families a minimum wage proposal brought up be- tion of each minimum wage increase. living wage. We were going to raise the fore the full House, before a commit- So, again, I think it is time to stop minimum wage from its lowest level in tee, or before a subcommittee. What we indicating that there are no problems 40 years. And what do the American are seeing now is rhetoric. What we are for thousands of people in this country people wake to this morning? The seeing is election year politics. when we talk about a minimum wage Goodling surprise, an amendment I rise to oppose increasing the mini- increase. which says that any business with an- mum wage, not because I do not want So what do we do about that? Well, nual sales of under $500,000 is exempted to help working Americans, but be- we do the same thing we have done from the Fair Labor Standards Act. cause I do want to help them. We every time we have had a minimum In other words, if an individual hap- know, we know, that raising the mini- wage increase, we go back and do what pens to be one of the 10.5 million Amer- mum wage will kill jobs. It will take we can possibly do to make sure that icans who work in these small busi- opportunities away from those who we those, in this case, 100,000 to 500,000, are nesses, they do not have to get paid claim we want to help the most. not without employment. And so we overtime; they do not earn the mini- I point to Melody Rane and her fam- look at those ways, as we did in the mum wage. Not the old one or the new ily who own two Burger King fran- past. one. chises in Eureka, CA. A minimum wage In the past we had a small business In my region, the New York City hike will force her to lay off four full- exemption. Well, when we talk about a metropolitan area, over 130,000 busi- time and eight part-time workers at small business exemption we have to nesses will be exempt from fair labor her stores. She will also be forced to understand that every other major laws and 200,000 workers will be left un- raise her prices, which will hurt every- workplace policy statute contains an protected. one, especially the working poor, whom The minimum wage vote should be exemption for our Nation’s smallest we claim that we have compassion for. called the Gingrich two-step. Take one business. Consider the Civil Rights Act According to Melody, raising the step forward by raising the minimum of 1964. It exempts businesses with less minimum wage will hurt teens more wage for some people, take two giant than 15 employees. The Americans than anyone else she employs because steps back by exempting millions from With Disabilities Act exempts busi- she will no longer be able to provide overtime and minimum wage laws all entry-level jobs for them. The young nesses with less than 15 employees. The together. people that she has hired have not Family and Medical Leave Act exempts Why must the GOP continue to gra- stayed on at minimum wage for very those with less than 50 employees. tuitously slap American workers? Why The overwhelming majority of busi- long. They learn their jobs and they did they break their promise to offer a move up quickly. All her managers nesses who have $500,000 or less in gross clean minimum wage increase? The started at minimum wage and her top annual sales have 10 or less employees. only answer must be, as the gentleman manager today has been with them They are a ma-and-pa program. Vir- from Texas, Majority Leader DICK since he was 16 years old. tually every Democrat Member of the ARMEY, stated, that they oppose the We know that raising the minimum House have supported exemptions for minimum wage with every fiber in wage is a job killer on the most vulner- our Nation’s smallest businesses from a their being, and they will raise it but able people in our society. A 1993 study wide variety of labor statutes. Remem- they will exact their pound of flesh by the American Economics Associa- ber ADA, FMLA and the Civil Rights from American workers. tion of over 22,000 economists found Act? This mean-spirited assault on those that 77 percent of them said that if we Again, providing an exemption for who work every day and barely eke out raise the minimum wage, there will be small business is not a new concept, a living wage is horrid. These people significant job loss in our economy. many of its opponents today have sup- work in textiles, in retail, on farms. We know it is inflationary, because if ported that concept in the past. So we They work hard, they deserve a raise, they do not lay them off, they have to look at that as one possibility to help not to be punished because the gen- raise the price of their goods and serv- those who may be unemployed because tleman from Georgia, NEWT GINGRICH, ices, and that disproportionately im- of the increase. will do anything to keep minimum pacts poor people who are going to We continue the tip credit provision wage from happening. have to pay more for those products which is in the present law; we con- Now, if the Goodling amendment that they buy. tinue the present laws that relate to passes, the President, thankfully, has Raising the minimum wage is the computer professionals; and we re- said he will veto the bill, and I am sure poorest way to target working poor institute the opportunity wage, but there is a little nefarious plan out here: people. The last time we raised the this time we limit it to 90 days; cal- Goodling will pass, the President ve- minimum wage, in 1991, only 17 percent endar days. We do not have two periods toes the bill, nothing happens, and the of the new benefits went to people liv- of 60 working days. Republicans say we have tried. ing below the poverty line. Most of So I would hope as we proceed today But let me assure my coleagues that them are teenagers living at home with that we spend a great deal of time talk- from this side of the aisle, until there mom and dad. Only 17 percent went to ing about facts rather than fantasies, is a minimum wage increase for all those who are working poor. and by the time we are finished, hope- Americans, not one out of two or one Now, I suggest to my colleagues that fully, we will have helped all Ameri- out of three, we will be on this floor there is a better way. If we really care cans, including that 100,000 to 500,000 every week and every month to make about working poor people, there is a that could find themselves in real dif- sure that the minimum wage passes. better way to do it. I propose that we ficulty if we do not make some of the The Republicans cannot and will not reform and we refocus and we retarget decisions that we have made in the avoid a clean minimum wage increase the earned income tax credit, a pro- past when dealing with minimum wage with this kind of cheap trick. gram that has enjoyed support from increases. Mr. GOODLING. Mr. Speaker, I the 1970’s on from both sides of the Mr. Speaker, I reserve the balance of would remind the gentleman from New aisle. my time. York that unless we make some f Mr. CLAY. Mr. Speaker, I yield 21⁄2 changes, New York will face a loss of b minutes to the gentleman from New 29,000 jobs. 0915 York [Mr. SCHUMER]. Mr. Speaker, I yield 5 minutes to the This time from GINGRICH to GEP- Mr. SCHUMER. Mr. Speaker, I thank gentleman from Arkansas, Congress- HARDT, they support EITC, but the pro- the gentleman from Missouri for yield- man HUTCHINSON. gram is fraught with abuse. It has May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5505 grown far beyond its original inten- who now tells us what we should do is away from 14 million people, wonder- tions. If we refocus it, as I have pro- target the earned income tax credit, ful. posed, back on working families with when a year ago he was leading the Mr. CLAY. Mr. Speaker, I yield 2 children, we can help them in a better fight to slash the earned income tax minutes to the gentlewoman from Con- way than the negative impacts of rais- credit. I appreciate the passion of the necticut [Ms. DELAURO]. ing the minimum wage. Convert that gentleman in the well for the family in Ms. DELAURO. Mr. Speaker, I believe large lump sum to a monthly payment Eureka example. It is the Congressman hardworking Americans deserve a so it is a practical supplement for fam- from Eureka that is carrying the mini- raise, and the people’s House should in- ily income. Deny the credit to undocu- mum wage increase so their represent- crease the minimum wage. I thought mented workers, eliminate the credit ative apparently believes that the min- we finally would have a chance to raise for childless adults who never were eli- imum wage should be increased, the the minimum wage, as four out of five gible until 1993 when we expanded it, Republican gentleman from Eureka, Americans want us to do. After calling and then increase that credit for work- CA [Mr. RIGGS]. for hearings, stalling for months, and ing parents, who it was intended to I appreciate the passion of the gen- appalling statements by the majority help in the first place. tleman suggesting that what the tax- leader, who said that he would oppose That single mom with one child, payer ought to do is pay out more the minimum wage with, and I quote, those parents with one child would see money in food stamps, more money in every fiber of his being, I thought that their effective wage rate go to $5.47 an housing, more money in EITC, more the Republican leadership would fi- hour under that proposal. With two money in AFDC to subsidize low wage nally allow a clean vote on providing a children it would go to $6.37 an hour, jobs. He does not want the employer to needed raise for American workers. and 12.7 million families would be the pay for people to have a livable wage But the Republican leadership has beneficiaries of such a change. because now he is concerned if the em- chosen to poison the minimum wage This is what happens when we raise ployer pays more money, the taxpayer increase with the Goodling amend- the minimum wage by 9 cents: 21 cents will pay less. The gentleman is all over ment, a distasteful amendment to re- is lost in reduced food stamp benefits; the field on these issues. You wanted to peal the minimum wage for millions of 8 cents is lost because we pay that slash food stamps. You want to slash American workers. much more in FICA withholding. If AFDC. You wanted to slash the earned The amendment not only repeals the they happen to live in public housing, income tax credit. But today you want minimum wage guarantee for workers they lose 27 cents more to that. That to talk about how it would be better if at two-thirds of firms in the United leaves that working poor person that we paid those moneys instead of the States, 10 million people, it also rolls you claim you want to help getting 34 employer paying a livable wage. back the Fair Labor Standards Act, cents out of the 90-cent increase in the Mr. GOODLING. Mr. Speaker, I yield and it opens the door to cruel sweat- minimum wage. That is not compas- 1 minute to the gentleman from Arkan- shops that should have been left behind sion. If we retarget the earned income sas [Mr. HUTCHINSON], a compassionate decades ago. tax credit we will help more Americans individual. Mr. Speaker, I know something about and help them at 44 cents an hour. Mr. HUTCHINSON. Mr. Speaker, I sweatshops. My mother, who is 82 years Do not talk about compassion until would just suggest to the impassioned old, worked in a sweatshop for many you are willing to look at good alter- gentleman that I, in fact, did not lead years. Fortunately, the people of this natives, and Republicans have put for- the charge, as you have wrongly, inac- country rejected such working condi- ward good alternatives, compassionate curately alleged to cut EITC. In fact, if tions, and they did that decades ago. I alternatives. Not only that, they lose you check the facts, I was involved in watched her work over that sewing ma- more on the EITC as well. It is simply the conference committee. I was in- chine with other women and they not real compassion to say we want to volved in working with Senator NICK- pumped out those dresses to provide an raise the minimum wage. LES. income for their families. But the ex- Everybody talks about the polls. In fact, under the Republican pro- treme agenda of the Gingrich revolu- What is the politically popular thing to posal on EITC, with the $500 per child tion would roll back the clock to those do. That is why this thing is before the tax credit, as I think you accurately bad old days. floor today. That is why Democrats know, not one American would have The American people want to move want to raise the minimum wage when been worse off. Not one working Amer- forward to higher wages, to rising liv- they did not do it 2 years ago when ican would have lost anything in EITC. ing standards, and to better working they had a chance. It is because we In fact, they would have been far better conditions. They do not want to go have an election in November. off under that proposal. backward to a darker time in our past It is interesting that CNN–USA, in I would like to note for the record when fair wages and safe workplaces the latest poll, found that while 81 per- that the State of California will face a were at the whim of the employer. cent of Americans want to raise the loss of 63,100 jobs if the minimum wage Mr. Speaker, I urge my colleagues to minimum wage, that if you go one step is increased and up to 500,000 jobs, ac- support a real and a simple increase in further and you ask this question: If cording to the Congressional Budget the minimum wage. That is what our you favor raising the minimum wage, Office, will be eliminated nationwide. job is about today, to help working what if that raise in wages meant fewer So I would remind my good friend families in this country realize their jobs for low-paid workers, and all of a that this unfunded mandate will cost dream, to have more change in their sudden 57 percent of those 81 percent millions of working families and tax- pockets, to be able to buy their kids an say no, we do not want to raise the payers over $13 billion according to the extra pair of sneakers. That is what we minimum wage if it is going to mean a CBO. are about. loss of jobs for low-wage earners. Mr. CLAY. Mr. Speaker, I yield 30 Mr. GOODLING. Mr. Speaker, I I suggest to those on the other side of seconds to the gentleman from Califor- would remind the gentlewoman from the aisle who are so insistent on rais- nia [Mr. MILLER]. Connecticut that Connecticut will face ing the minimum wage, knowing that Mr. MILLER of California. Mr. a loss of 4,000 jobs if we do not do some- CBO says it will cost a half-million Speaker, I would say, the last time thing other than just raise the mini- jobs, that you come back to my dis- California raised its minimum wage, mum wage. trict and explain to that single mom there was no job loss by teenagers or Mr. Speaker, I yield 4 minutes to the with two children why she loses her job others that you are so concerned gentleman from Wisconsin [Mr. GUN- in the name of compassion. about. And second, the fact is when you DERSON]. Mr. CLAY. Mr. Speaker, I yield 1 were going to take away the EITC, you (Mr. GUNDERSON asked and was minute to the gentleman from Califor- were going to take it away from single given permission to revise and extend nia [Mr. MILLER]. working people who were trying to find his remarks.) Mr. MILLER of California. Mr. a livable wage. So you just decided Mr. GUNDERSON. Mr. Speaker, let Speaker, I appreciate the passion of the that single people should live in pov- me begin by thanking the chairman of gentleman who was just in the well, erty. So you were going to take it our committee for his leadership on H5506 CONGRESSIONAL RECORD — HOUSE May 23, 1996 this issue. I think, first and foremost, Wisconsin, the 220 miles along the Mis- do not get the minimum wage. They the reason people get upset with Wash- sissippi River. I want Members to look can run around with their tin cup from ington is we ask the wrong questions. at such towns as DeSoto and Genoa and place to place begging for more. Oh, This is not a question about whether Stoddard and Ferryville and Pepin and there is dignity. big brother Government Washington Trempealeau and Stockholm and Nel- Please, this is about dignity. ought to mandate a specific minimum son. All of these are towns under 400 I also hear people saying, ‘‘Oh, well, per hour salary all across this country population. it just goes to teenagers. Teenagers regardless of job, regardless of skill. If the mom and pop stores happen to don’t need it.’’ What we ought to be asking is how do sell something to someone living lit- Yes they do. we provide some kind of an incentive erally a mile or 2 miles away in the Have my colleagues looked at college to lift up those in the lower income of Minnesota or Iowa border, under exist- education? I worked my way through the earnings scale in this country and ing law they do not have the same ben- college. One cannot do it today on the what is the best way to do that. Is it in efits that that same mom and pop busi- minimum wage. Tell me where to go to training? Is it in EITC? Is it in small ness would have right over here, 60 college and put money away. business incentives to hire more peo- miles away. All we are saying is, wher- This is about paychecks. ple? Is it in tax policy that allows them ever you live, just because you live by Mr. CLAY. Mr. Speaker, I yield 2 to earn more, to pay less to the Gov- a State border, you should not be im- minutes to the gentleman from New ernment and, therefore, pay more to pacted because of interstate commerce Jersey [Mr. PALLONE]. their employees? from not having the same benefits as Mr. PALLONE. Mr. Speaker, I lis- We ought to be asking the bigger the small family owned business as ev- tened to what my colleagues from Ar- question. We do not do that. That is erybody else. Jerry’s grocery store, kansas and from Wisconsin said on the what this debate is not doing either. Carol’s catering, Larry’s lawn mower other side, and I am amazed how little That is why I would like to sort of service. My colleagues, we are saying understanding they seem to have about bring us all back to what is in front of just because you are by a state border, the person who is affected by the mini- us, which is a comprehensive package you ought not be disadvantaged. mum wage. to deal with a whole series of ingredi- Mr. CLAY. Mr. Speaker, I yield 10 As my colleagues know, I heard ents that ought to provide better in- seconds to the gentlewoman from Con- statements about how, well, we will comes for those who are younger, lim- necticut [Ms. DELAURO]. deal with the earned income tax credit, ited experience, or lower skills, or Ms. DELAURO. Mr. Speaker, I would or we will make adjustments with food whatever the case might be in Ameri- remind the other side that a vote for stamps or other government programs. ca’s work force. the Goodling poison pill amendment in What are we talking about? A lot of I really want to commend our leader- the State of Wisconsin would deny the people that work on minimum ship for saying, do not take these is- 210,757 workers an increase in the mini- wage, they do not even necessarily sues in isolation anymore. Yesterday mum wage. In the State of Connecti- apply for food stamps. They do not with a vote of 414, we voted to provide cut, it would be 87,000. even necessarily apply for the earned a number of small business incentives Mr. CLAY. Mr. Speaker, I yield 2 income tax credit. Many of them even through the Tax Code. Everybody on a minutes to the gentlewoman from Col- do not have the knowhow or ability or bipartisan basis agreed that those were orado [Mrs. SCHROEDER]. even want to get involved with the Mrs. SCHROEDER. Mr. Speaker, I good, positive things. What we are Government bureaucracy. If we are thank the gentleman for yielding the talking about today is doing the same talking about Washington and think- time. ing about how we do things here, I thing. We are talking about solving I must say this is an issue about val- would venture to say that my col- this portal to portal issue, where peo- ues. We are talking about the dignity leagues on the other side are too Wash- ple are allowed to use the company ve- of work. That is one of the main prin- ington oriented; they do not under- hicle without having to pay compensa- ciples this country has been founded stand what the average person has to tion for it. I do not think there is much on. Let me tell my colleagues there is deal with on a daily basis. If they are disagreement in that particular issue. no dignity to work if you do not get We are going to talk about the Good- getting a set salary now based on the paid a living wage. ling amendment. What does the Good- I cannot believe that people are say- minimum wage and we increase that ling amendment do? It deals with the ing this is about politics. It is not salary somewhat under this very mod- training wage. We have had training about politics. It is about paychecks, est proposal, then they will see an ac- wages before. Who were we talking paychecks, paychecks. tual increase in their wages. about, we are talking about those Now, look, how long does it take to Mr. Speaker, we cannot look at the young people, mainly teenagers, who earn a year’s minimum wage. Well, for bureaucratic procedures that they are have never had a job. Whether or not the minimum wage worker, it takes a talking about here. I think the earned they can get a job at the local drug year. For the average CEO of a large income tax credit is great. I think peo- store or grocery store or have no job corporation, it takes about a half a ple need food stamps. But a lot of peo- and no experience at all is probably day. This is what we are talking about. ple do not even apply for them who are going to be determined whether or not This is the country with the largest on minimum wage. we give them a first time, one time, no disparity between wages at the top and They just do not understand on the displacement opportunity wage. wages at the bottom of any other west- other side what it is like for the little We are talking about a tip credit ern industrialized world. All we are guy on a daily basis. And let me tell that says, let us put some kind of basic saying if we are going to have dignity my colleagues in my own State of New understanding and simplicity in this to work, we ought to try and raise the Jersey, because I am afraid that some- whole issue of tips. bottom. Do you not think the fat cats body or I think somebody on the other The third issue I want to talk about, at the top are getting enough. side is going to talk about loss of jobs, which is an issue that somehow is get- let me tell them in New Jersey we had ting all controversial around here, is b 0930 a modest increase in the minimum this whole issue of the small business They are getting way more than fat wage that was similar to what is being exemption. Somehow people are saying cats at the top of any other country, proposed here on the Federal level. we are trying to exclude all of these and what is the Republican proposal? The results are that this moderate family businesses from having to pay a They are trying to pretend they give us hike actually increased total employ- minimum wage. We are not trying to the minimum wage while they turn ment in the State of New Jersey, and do that at all. What we are trying to do around and knock out two-thirds of the the reason is that minimum wage earn- is provide equity for all small and fam- businesses in America from having to ers do not have the ability to save. ily businesses across this country pay either the minimum wage or over- They spend their money on basic neces- wherever they may be located. time. sities. Mr. Speaker, I want Members to look They also are going to go after tipped Raising the minimum wage puts at this map. I represent all of western employees. If someone gets tips, they more money into our local economy. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5507 The money in New Jersey was used to Mr. CLAY. Mr. Speaker, I yield 10 hour, at $5.25 an hour, and they are un- purchase more goods and eventually an seconds to the gentlewoman from Con- able to take care of the financial needs increase in profits for local businesses. necticut [Ms. DELAURO]. of their family. They are unable to put So raising the minimum wage actu- Ms. DELAURO. Mr. Speaker, I would away money so that their kids can go ally increases economic activity; it remind the other side and the gen- to college. They cannot go on a vaca- means more jobs, not less jobs. tleman who just spoke that a vote for tion. Every single week, despite 40 or 50 Mr. Speaker, this exemption that the the poison pill Goodling amendment hours of work, they are in as bad shape gentleman from Pennsylvania [Mr. would result in the loss of 94,150 indi- at the end of the week as they were be- GOODLING] has proposed, do not listen viduals in Nebraska who would get an fore the week began. to what the gentleman from Wisconsin increase in the minimum wage. Mr. Speaker, one of the great eco- said about how it is not going to affect Mr. CLAY. Mr. Speaker, I yield 1 nomic problems facing our country them. It is a broad exemption that is minute to the gentlewoman from New today is that the richest people are be- going to repeal the minimum wage. York [Ms. VELA´ ZQUEZ]. coming richer, the middle class is Mr. GOODLING. Mr. Speaker, I Ms. VELA´ ZQUEZ. Mr. Speaker, fi- shrinking, and most of the new jobs are would remind the gentlewoman from nally, we get the chance to vote on an being created are low-wage jobs. Colorado that that State would lose increase to the Federal minimum Mr. CLAY. Mr. Speaker, I yield 2 8,000 jobs if all we do is raise the mini- wage. Americans have been calling for minutes to the gentleman from Califor- mum wage and nothing else. a vote on increasing the minimum nia [Mr. MARTINEZ]. Mr. Speaker, I yield 2 minutes to the wage for months. In fact, 85 percent of (Mr. MARTINEZ asked and was given gentleman from Nebraska [Mr. America supports giving minimum permission to revise and extend his re- BARRETT]. wage workers their first raise in five, marks.) Mr. BARRETT of Nebraska. Mr. long years. But instead of a straight Mr. MARTINEZ. Mr. Speaker, ear- Speaker, I thank the gentleman from up-or down vote, Republicans had to lier, in fact at the beginning of this Pennsylvania for yielding time to me. make sure their business buddies got process, my good friend, the gentleman from Pennsylvania [Mr. GOODLING], re- Mr. Speaker, it is unfortunate that some goodies in the deal. H.R. 1227 has been hijacked, to be a ve- This should have been a simple bill. minded us to stick to fact and ignore hicle for a minimum wage increase. Ob- Instead, it guts Federal wage protec- fiction, and I would say misleading viously, some on the other side, do not tions by attaching two Trojan Horse statements are as bad as are fiction, and in this case misleading statements like business, especially small busi- amendments full of poison. We should by Republicans are as attributable to ness. be making work pay. I am truly out- On its face, H.R. 1227 is a good bill de- fiction as anything I have ever seen. raged that Republicans would try to The two constant themes that are signed to allow workers to continue to exclude many millions of Americans running through the core argument of use their company-owned vehicles for from being paid a fair wage. the Republicans are that this will commuting to and from work. Mr colleagues should come down cause job loss and that the Democrats For example, an electrical company from their corporate ivory towers and did not do it 2 years ago. Mr. Speaker, may supply vans to their electricians do the work they were sent here to do. let me remind my colleagues there so that they can respond to service Represent the people who have told us were a lot of things we attempted to calls. In the past, the time spent driv- loud and clear that they want a clean do, including the EITC 2 years ago, ing to and from a service call and back minimum wage increase period. which actually, in effect, was more ac- home, was not considered ‘‘on the Vote against both Goodling amend- commodating to a majority of our clock’’ time. ments and support a clean increase to friends in our neighborhoods and com- Yet, recent Labor Department deci- the minimum wage. munities than was the minimum-wage sions have put this long established Mr. CLAY. Mr. Speaker, I yield 2 increase. policy in jeopardy. Now, some compa- minutes to the gentleman from Ver- But let me remind my friends also nies are requiring their employees to mont [Mr. SANDERS]. that every time there has been a mini- bring the vehicles back to the office, so Mr. SANDERS. Mr. Speaker, I thank mum-wage increase, and in 1991 there that the company is not subject to the gentleman from Missouri for yield- was, my friends on that side of the minimum wage and overtime liabil- ing this time to me. aisle have worked to dilute it. In fact, ities. From the first day that I took office in that minimum-wage increase there In my rural district, the Labor De- here in the Congress in 1991 I have been was what was called a training wage, partment’s actions could result in long fighting to raise the minimum wage, which gave an exemption to employers delays in services; increased costs for and I hope very much that my col- to hire people below the minimum employees since they would have to leagues finally are going to do the wage in order to give them training ex- pay for the fuel used to commute to right thing on behalf of tens of millions perience. and from work—which may be hun- of workers and raise the minimum What kind of training experience? dreds of miles in a week’s time; and wage today. Cleaning toilets, making beds, washing more time spent away from families. Mr. Speaker, when the minimum dishes. I suggest to you that most of us If this bill was considered separately, wage was first established in the 1930’s, learned that at an early age and do not I have no doubt that it would pass this the opponents then said that the world need any training for it. House overwhelmingly. But, I fear the was going to come to an end, the econ- Now, in this one we have what is House may soon make a major mistake omy was going to collapse. And every called an opportunity wage, which is in increasing the minimum wage, single time that an effort has been another exemption aside from the ex- thereby denying job opportunities and made since then to raise the minimum emption they give to those people as an increasing costs, and using this bill to wage, the same cries have come for- exclusion from the Fair Labor Stand- do it. ward: The world is going to come to an ards Act. If my prediction bears fruit, then I end, we cannot raise the minimum Mr. Speaker, the arguments on that regrettably urge my colleagues to vote wage. side are more close to fiction than they against H.R. 1227. If a minimum wage Mr. Speaker, the fact of the matter is are to fact. We did not do it because we increase is attached to this bill, the that today, at $4.25 an hour, the mini- can see that in 1 year of doing the bad will far outweigh the good. mum wage is a starvation wage. The EITC that we could not very well push And that is unfortunate. Common- minimum wage today, in terms of pur- through a minimum wage, but there sense efforts of Mr. FAWELL and others chasing power, is 26 percent less than it are many of us that since our coming of us who are working to increase and was 20 years ago. In terms of purchas- to Congress have always felt the mini- safeguard job opportunities for mil- ing power it is at its lowest point in mum wage is too low. lions of Americans, will be severely the last 40 years. Now the job loss argument: In Cali- harmed by a minimum wage increase. Mr. Speaker, there are tens of mil- fornia they raised it much before the I thank the gentleman from Illinois lions of Americans today who are Federal Government did, and in Cali- for all his good work. working hard at $4.25 an hour, at $5 an fornia there was not one job lost. And H5508 CONGRESSIONAL RECORD — HOUSE May 23, 1996 so the prognostications of the job our service manager and our warehouse work because of the supposed rhetoric losses that are going to occur if this manager, who had vehicles that they of compassion, rather than the real passes I think are totally false. drove home. It worked well for them. It compassion. Mr. CLAY. Mr. Speaker, I yield 2 was something we could do as a joint It really disappoints me to see this minutes to the gentleman from Con- employer-employee, and to have the promotion of the Wal-Martization of necticut [Mr. GEJDENSON]. Federal Government, through the America, the disdain for the marginal Mr. GEJDENSON. Mr. Speaker, what courts, who often decide that they are businesses. I have heard Members in we have here today is the first welfare the State and Federal legislators of this body say, if those businesses can- reform bill in the history of this Con- this country and can make better deci- not give enough money to meet the gress because all the other welfare re- sions than Congress and State legisla- minimum wage standard, then they form is a fraud if at the end of the day tors can, to see that overturned is a should just disappear. That is so insen- when someone gets their first job they tragedy for American workers and sitive. cannot make it work, they cannot pay small business. We are working in the central city of the rent, they cannot buy food, they I also want to say, Mr. Speaker, that Fort Wayne to try to get a super- cannot pay for their kids’ babysitting I am sorry that I cannot vote for that market back in where the super- while they are working, they cannot bill, because I cannot support a bill markets have all closed down. You will pay for their transportation. that lays off American workers. I un- not only raise the minimum wage but Do not get up on this floor and talk derstand it is called a minimum wage all the bumps up. You increase the about welfare reform and then try to bill rather than a layoff bill, but in wages 20 percent, and we will not get take away the protection of the mini- fact, it is a layoff bill. As the chairman that supermarket in the central city or mum wage for an additional 10 million just said, I knew the other side did not central cities in other places. people. like businesses, but I did not realize This is not a matter of rhetoric, this This is welfare reform, making work, how much they disliked small busi- is not a matter of sounding compas- have a salary sufficient to live on, just nesses. They use the rhetoric of the sionate. The facts are there. The people barely. dignity of work, but in fact, it is the do not understand because the Amer- In the last decade 60 percent of Amer- dignity of not working that this is pro- ican people are compassionate. They icans have slid backward. It is the first moting. hear living wage and they want to give time in American history that we have They stand up once in a while and a living wage. The truth is that people seen the bottom take it on the chin as talk about different statistics that at the margin are going to be lost. We badly as they have. The top 20 percent have no basis in reality. The truth is, could have helped the people who need- has gone up. The next 20 percent below facts are stubborn things, and the fact ed a living wage through earned in- that has gone up just slightly. But the is every time but one when there was a come tax credits, through different 60 percent of Americans below those national minimum wage increase, job types of legislation. top 40 have actually lost buying power. layoffs increased. Every time but one. I am sorry our party is not even al- In the decades before that, everybody The facts are there. State statistics are lowing us to vote on a number of those moved up. interesting. That is why we give op- things, because we should have had If my colleagues want welfare re- tions to the States. But federally, only that opportunity, and we should have form, vote for real welfare reform. Vote one time did the unemployment not in- been out there leading how to, in a free for a living wage for Americans. And crease. market economy, make sure that peo- this hardly does it. Go try to pay rent In fact, Mr. Speaker, jobs will be lost ple, through the market system, can and take transportation to work. Try in this country. In fact, kids will lose get a living wage. This is not the way to feed kids and clothe them on the their jobs, minorities will lose their to do it. I am embarrassed quite frank- minimum wage. jobs, senior citizens will lose their jobs. ly that our party, rather than decide to Do not give me phony speeches about In small towns, in center cities, mar- fight and stand on principle and ex- getting people off welfare. Give people ginal businesses will be devastated. plain the facts to the American people, the hope and opportunity to work and I am concerned because I grew up in instead have tried to work at the mar- at least have enough money to almost a town of 700, and spent most of my life gins with the minimum wage. live in dignity. in this small town. As I look around They have done a good job within the b 0945 the country and see the businesses confines of trying to save a few jobs, This is not enough. Speech after shuttered in these small towns, and see but I reluctantly am still going to have speech about welfare reform, about get- the businesses shuttered in the central to vote against the good portal-to-porting people to work. Sure, get them to cities, in the suburbs, and the people in tal bill and against some other things work at a wage they cannot make Washington who often live in the big that I support, because I cannot have it enough money to pay their rent, let houses in the suburbs, where they can on my conscience to cost people that I alone eat and take care of their chil- do the volume of business with which know their jobs: seniors, young people, dren. If we want the American people to pay this, do not seem to have the people who are handicapped, who have to value work, to respect work, it has sensitivity for the many small towns struggled to get into the work force, to pay enough to live on. that are losing their little businesses. and now because Washington, people Mr. GOODLING. Mr. Speaker, I yield Many of those people who want a liv- have decided that they should lose myself 30 seconds. ing wage move to the bigger cities, but their jobs, they are going to lose their Mr. Speaker, listening to the rhetoric some people would prefer to live in jobs. last evening and this morning, I have a those small towns. Those kids who now Mr. CLAY. Mr. Speaker, I yield 1 feeling they really have a dislike for will not have a place to work, those minute to the gentleman from Mon- business, and a terrible dislike for senior citizens who now will be trapped tana [Mr. WILLIAMS]. small businesses. at home because they cannot take a Mr. WILLIAMS. Mr. Speaker, the Mr. Speaker, I yield 5 minutes to the marginal job, those young kids and gentleman from Indiana who just gentleman from Indiana [Mr. SOUDER]. middle-aged kids who struggled, who spoke, if he decides to vote for any- Mr. SOUDER. First, as a small busi- obviously have a special need and can thing, it would probably be the Good- nessman, Mr. Speaker, I would like to barely hold a job at a minimum wage, ling amendment. If that passes and be- compliment the chairman of the com- who lose their job and are thrown back comes law, 315,000 people in the State mittee, the gentleman from Pennsylva- onto the welfare system because of the of the gentleman who just spoke, Indi- nia [Mr. GOODLING], and the sub- policies of this Congress, I wish every ana, would be denied a minimum wage. committee chairman, the gentleman Member who voted for this bill had to Ten percent of the people on minimum from Illinois [Mr. FAWELL], on the ac- look those people in the face when they wage are senior citizens. tual bill we are discussing here, the get their pink slips, when they are The gentleman’s point is the point portal-to-portal bill. trapped in their homes, when they are that many people in the minority In my case, in the retail business, we standing on the street corners, when make, and that is, a higher wage is bad had a number of employees, including they no longer have the opportunity to for business and therefore loses jobs. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5509 Carrying that conservative argument on this bill. If we do not raise the mini- Let me tell the Members how mini- to its conclusion would lead one to be- mum wage, we will in fact deny 1.1 mil- mum wage affected me. As a child I lieve, incorrectly, that lowering wages lion workers in the State of Texas an was making $1 an hour at the Grand in this country would be good for em- increase. Lake Theater in Oakland. They raised ployment and good for business. What I want to talk about is truth in the minimum wage to $1.25. They told That is the difference between that discussion. We support small busi- me I was through, they did not have it side of the aisle and this. This side of nesses. In fact, we came to the floor of in their budget. I told them I did not the aisle believes that as we raise the the House and enthusiastically pro- work for government, I worked for standard of living in America, America vided the Small Business Protection them, and I just needed it for my al- does better economically. That side be- Act, giving incentives for small busi- lowance, to supplement my allowance lieves, obviously, that as you reduce nesses who hire at-risk individuals, and as experience, because and because the standard of living in this country, giving them a tax incentive to do so, as a young person at 16 you cannot get it is good for this country economi- allowing them to spend more money on experience. They liked my attitude and cally. Nothing in American history equipment, providing pension reform, paid the minimum wage. But I almost demonstrates that Republicans are cor- giving them a health deduction provi- lost my job. I know about minimum rect about that. sion that we did some months ago. I wage. It stinks, it is a charlatan game. Mr. CLAY. Mr. Speaker, I yield 2 am for small businesses. But likewise, I There is no constitutional right. It is minutes to the gentlewoman from Cali- have to be for the working public, and an unfunded mandate. Vote no, and fornia [Ms. WOOLSEY]. 60 percent of those on minimum wage vote yes for the Goodling amendment. (Ms. WOOLSEY asked and was given are women with children. Mr. CLAY. Mr. Speaker, I yield 1 permission to revise and extend her re- How can you talk about welfare re- minute to the gentleman from Califor- marks.) form when the Republicans are like- nia [Mr. FILNER]. Ms. WOOLSEY. Mr. Speaker, it is wise talking about decreasing the Mr. FILNER. Mr. Speaker, I rise time to increase the minimum wage. It earned income tax credit, which would today in strong support of the Riggs is time to make work pay. It’s time to negatively affect over 6.8 million tax- amendment which would raise the min- make work pay more than welfare. payers who are at the lowest bottom imum wage and in vehement opposition I know, because over 28 years ago, as rung? to the Goodling amendment which The American people are fair. We a single, working mother, I was earn- would result in millions of Americans simply want an increase in minimum ing so little I had to go on welfare to earning less than the minimum wage. wage for retail workers, individuals supplement my pay in order to provide Mr. Speaker, there are thousands of who work every day to stay off welfare. my children with the health care, child parents in my district—in cities like Realize what you do with $5. What you care and food they needed. San Diego, National City, Chula Vista do with $5, you pay your rent, you pay Unfortunately, too many American and Imperial Beach—that are working the income needs for your children, workers face the same situation today. two or three minimum wage jobs to you pay health care. What you are In fact, most minimum wage earners raise their families in dignity. These look a lot like I did 28 years ago: 60 doing if you deny the increase in the minimum wage for all Americans, you parents are sacrificing valuable time percent of minimum wage earners are with their children in order to avoid women. Of that, 72 percent are over 20 prevent those who would want to have incentives to come off welfare from welfare. These parents have not had a years old. And, one-fifth of minimum being able to support their families. raise in over 5 years. wage earners are single parents. What are we doing here? We are not We also have thousands of students So, yes, my friends, despite what discussing the facts. The facts are, you working their way through school, and you’ve heard from the Republican lead- cannot survive on $4.25. Take a $5 bill senior citizens working to augment ership, families struggling to get by on and get back change and see if you can their Social Security. They, too, de- $4.25 an hour really do exist. survive. We need a vote up-or-down on serve a rise. What does not exist, however, is a be- a clean minimum wage for the Amer- We must do the right thing for these lievable commitment by the majority ican people. families. to boost the wages of working Ameri- Mr. GOODLING. Mr. Speaker, I yield But today’s bill is a cruel hoax on cans. Now, rather than having a clean myself such time as I may consume. these hard-working Americans. On the up-or-down vote on raising the mini- Mr. Speaker, I would remind the gen- one hand we tease them with the pros- mum wage, the Republicans are load- tlewoman from California, we would pects of the minimum wage increase, ing the bill up with amendments that lose 63 million jobs if we do nothing, and on the other we snatch it away. will make an increase meaningless. and in Texas 60,000 jobs, if we do noth- That is why I urge my colleagues to Under the Goodling amendment ing other than raise the minimum vote for the Riggs amendment and alone, up to 10 million workers could wage. against the Goodling exemption, which lose their right to any minimum wage. Mr. Speaker, I yield 1 minute to the would allow millions of Americans to Mr. Speaker, that’s not making work gentleman from California [Mr. be paid less than the minimum wage. pay. It is taking workers backwards. It BAKER]. Let’s do the right—and moral—thing is letting businesses off the hook who Mr. BAKER of California. Mr. Speak- for American families. pay low wages. It is forcing the tax- er, this debate is about politics, it is b 1000 payers through the welfare system to not about economics. If this were such make up the difference for these low a great deal, the socialists over there Mr. GOODLING. Mr. Speaker, I yield wages. would have raised the minimum wage 1 minute to the gentleman from Cali- Mr. Speaker, let us pass a minimum in 1993 and 1994, when they had a huge fornia [Mr. RIGGS]. wage. No if’s, and’s or but’s. Let’s majority and a President that would Mr. RIGGS. Mr. Speaker, I simply make work pay. have signed it. They did not bring it want to make a point to my colleagues. Mr. CLAY. Mr. Speaker, I yield 2 up, they did not hold hearings, and I very much support this legislation, minutes to the gentlewoman from they did not pass it. What a surprise. the Employee Commuting Flexibility Texas [Ms. JACKSON-LEE]. Eighty-three percent of the American Act. It is commonsense legislation (Ms. JACKSON-LEE of Texas asked people want to raise the minimum clarifying the Department of Labor in- and was given permission to revise and wage. The problem is, 78 percent of terpretations of the circumstances extend her remarks.) them cannot tell you what the mini- under which an employer must pay an Ms. JACKSON-LEE of Texas. Mr. mum wage is. employee to drive to work in company- Speaker, I thank the ranking member, I ask the gentleman, did the gen- owned vehicles. and I hope that this morning we can tleman coauthor the Small Business But the minimum wage amendment I have a truth in discussion on the floor Administration exemption? Yes, he did am going to offer in a few minutes does of the House. This is a $5 bill, and those sponsor the small business exemption not belong in this legislation. It be- who are working and getting minimum that the gentleman from Pennsylvania longs on meaningful welfare reform wage right now must give back change [Mr. GOODLING] is offering right now. legislation, like the legislation that H5510 CONGRESSIONAL RECORD — HOUSE May 23, 1996 passed this House, passed the Senate fully we will have that again, but it economists, including three Nobel prize and was twice vetoed by the President. needs to be a real minimum wage in- winners, all support raising the mini- The folks over on this side of the crease and not a fake one. mum wage. But we do not have to go to aisle should walk their talk, put their Mr. GOODLING. Mr. Speaker, I yield the intellectuals. Eighty percent of the votes where their rhetoric is, and sup- 1 minute to the gentleman from Flor- American public supports raising the port real welfare reform, because those ida [Mr. WELDON], a member of the minimum wage. I trust the common two issues, a moderate increase in the committee. sense of the American public. But we minimum wage to keep pace with infla- Mr. WELDON of Florida. I thank the can even go to the politicians because, tion and real reform of the welfare sys- chairman for yielding me the time. Mr. Speaker, the fact is that there are tem, go hand, in hand. Mr. Speaker, I rise in support of the bipartisan majorities in both houses of Mr. CLAY. Mr. Speaker, I yield 2 Employee Commuting Flexibility Act this Congress who want to support an minutes to the gentleman from Texas, which is a good piece of legislation increase in the minimum wage. But un- [Mr. GENE GREEN]. that we really should be talking about fortunately there is a Republican lead- Mr. GENE GREEN of Texas. Mr. which allows employees to use the ership that wants to thwart the will of speaker, I want to applaud my col- company car to go home, saves fuel, the American people and bipartisan league from California because I agree and is good for the environment, but majorities, because they want to un- that a minimum wage should have been instead we keep talking about the min- dermine this bill with a poison pill. with the welfare reform bill. If we want imum wage. The poison pill will exempt two-thirds to get people off welfare, we have to My colleagues on the other side of of all businesses from the requirements provide them with a decent minimum the aisle suddenly in this election year of the minimum wage. That means 10 wage. Right now in our country if a have all this compassion for the mini- million Americans will not be able to person works 40 hours a week for 52 mum wage workers. What they do not raise their standard of living and will weeks a year, they make $8,800. They seem to have compassion for is all of not be able to enjoy the American are eligible for food stamps, welfare, the people that they are going to dream. It means that we could see the whatever it is called. That is why it unemploy by mandating from Washing- return of sweatshops where people should have been part of it. ton, that their salary goes up. work long hours for low pay. That is The bills that were sent to the Presi- The gentleman from Indiana said it not the American dream. In America dent by this Republican Congress did previously. Thousands and thousands we pride ourselves not just on democ- not have the minimum wage increase of people have lost their job every sin- racy but on the ability to support fami- in it. It should have been part of the gle time the Congress raised the mini- lies and to enjoy the benefits of democ- welfare reform bill but it was not. That mum wage. Every economist report ex- racy. The only way that that can hap- is not the fault on this side of the aisle. cept one reports that people have lost pen is when people earn a livable wage. It is the other side. That is why it their job. What they are perpetrating today is should be part. I agree with my col- But I do not think you care about not a livable wage. league from California. A minimum them losing their job. You care about Mr. GOODLING. Mr. Speaker, I yield wage increase should be part of a wel- getting reelected. You care about who 1 minute to the gentleman from Ari- fare reform bill. is in control of this body. That is why zona [Mr. SHADEGG]. The minimum wage increase passed you are making a big deal out of it. (Mr. SHADEGG asked and was given the last time in 1991 with 135 Repub- Mr. CLAY. Mr. Speaker, I yield 15 permission to revise and extend his re- licans in the House supporting it. I seconds to the gentlewoman from Con- marks.) think that is ironic because we had a necticut [Ms. DELAURO]. Mr. SHADEGG. Mr. Speaker, this is Democratic majority in the House and Ms. DELAURO. Mr. Speaker, I would not about raising the minimum wage. a Republican President that passed the like to remind the gentleman from It is about putting young minority stu- minimum wage increase. Now we have Florida that if he votes for the Good- dents out of work. Raising the mini- a Democratic President and a Repub- ling amendment, this poison pill mum wage will put 1 out of every 4 mi- lican majority in the House and the amendment, what will happen is that nority workers between the ages of 17 Senate and yet we have waited for 2 675,928 workers in the State of Florida and 24 who are out of school and work- months to try and have a vote on the will be denied an increase in the mini- ing today out of work. floor today. mum wage. He should also know, com- Some of the most eloquent testimony What do we have? We have a vote on ing from Florida, that 10 percent of I heard on this issue came from a Dis- a bill and an amendment, the bill that minimum wage workers are seniors. trict of Columbia businessman, Abdul has portability which itself could stand Mr. CLAY. Mr. Speaker, I yield 2 Uqdah. This is Abdul Uqdah. He started alone and be debated, in fact we could minutes to the gentleman from Mary- a business 16 years ago with $500 and 3 probably pass it with some fairness in land [Mr. WYNN]. employees. He now employs 14 people. the portability bill, but, no, we are Mr. WYNN. Mr. Speaker, I thank the He appeared before our committee and going to attach a minimum wage in- gentleman for yielding time, and I rise begged us not to raise the Federal man- crease to it that is going to take away in strong support of the minimum date minimum wage. Why? Because it millions of people from coverage under wage. Not a sham minimum wage, a will not work and because it will put the minimum wage. real minimum wage. minority youth out of work. We are giving it with one hand and Some people say, ‘‘Well, is this de- He said, and the fact is, raising the we are going to take it away with the bate about politics?’’ minimum wage will put one out of other. That is what the people of the No, it is not about politics. This de- every four young minority workers in United States have said in 1992 and bate is about the American dream. America who hold a job today out of 1994. They do not want Washington This debate is about standards of living work. This is an unemployment act practicing sleight of hand. They want in America. This debate is about that hurts minority youth, and it is a Washington to be up-front and honest whether people can live in America shame. with the American people. making $8,000 a year after working 40 Mr. CLAY. Mr. Speaker, I do not By withdrawing the coverage of mini- hours a week. It just does not add up. know what committee he appeared be- mum wage from these interstate small We need to raise the minimum wage so fore, but our committee did not hold businesses, we are actually lowering we can raise the standard of living so any hearings on the minimum wage. the coverage to over 10 million people. people can in fact enjoy the American Mr. Speaker, I yield 15 seconds to the That is what is wrong with this bill and dream. gentlewoman from Connecticut [Ms. the amendment, and that is why when The leadership on the other side of DELAURO]. it goes to the Senate, hopefully they the aisle does not believe in that and Ms. DELAURO. Mr. Speaker, the gen- will change that if we do not beat it they do not care about whether we tleman from Arizona should be re- today. raise the standard of living. They want minded that 200,000 of his workers will The minimum wage increase passed to say people are going to lose jobs. be denied an increase in the minimum in 1991 with bipartisan support. Hope- That is not true. One hundred two wage if he votes for the Goodling May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5511 amendment, and that two-thirds of Mr. Speaker, I yield 1 minute to the will guarantee you. You are talking minimum wage workers are adults; 40 gentleman from Illinois [Mr. FAWELL] about some Census Bureau figures that percent are the principal breadwinners to talk a little bit about what we were have nothing to do with who is exempt- in the family. Let us get the facts supposed to be talking about during ed and who is not exempted under cur- straight on this issue. the last 90 minutes. rent law. Mr. CLAY. Mr. Speaker, I would like Mr. FAWELL. Mr. Speaker, I thank It is very obvious, as I indicated be- to inquire how much time remains for the gentleman for yielding me the fore, that there is a hate passion from both sides. time. the other side of the aisle in relation- The SPEAKER pro tempore (Mr. If this were a court of law, Mr. ship to business, and a tremendous WALKER). The Gentleman from Mis- Speaker, 95 percent of what we have hate passion in relationship to small souri [Mr. CLAY] has 21⁄2 minutes re- hard would be ruled irrelevant and non- businesses. Well, it is those small busi- maining, and the gentleman from germane to the issue before this body. nesses that are going to create the jobs Pennsylvania [Mr. GOODLING] has 3 Because whether one is for the mini- in this country, and I hope everyone minutes remaining. The gentleman mum wage or not, all that this bill will remember that. from Pennsylvania is entitled to close. does is to clarify conflicting DOL opin- The SPEAKER pro tempore. It is now Mr. CLAY. Mr. Speaker, I yield the ions, and to make sure that when em- in order to consider the amendment balance of my time to the gentleman ployers and employees and unions want printed in part 1 of House Report 104– from Montana [Mr. WILLIAMS]. to get together and agree that an em- 490. ployee can use the employer’s vehicle, The SPEAKER pro tempore. The gen- AMENDMENT OFFERED BY MR. RIGGS usually it is a pickup truck or some- tleman from Montana [Mr. WILLIAMS] Mr. RIGGS. Mr. Speaker, I offer an 1 thing like that in the construction is recognized for 2 ⁄2 minutes. amendment. trades, to go from home to work and Mr. WILLIAMS. Mr. Speaker, let us The SPEAKER pro tempore. The from work to home, it will not be in close this debate by recalling that Clerk will designate the amendment. America is at its best when it does its violation of the Fair Labor Standards The text of the amendment is as fol- Act. That is all that we really should best by its workers. After half a cen- lows: tury of progress, America’s standard of be talking about at this time. We should take it one at a time. Amendment offered by Mr. RIGGS: Add at high wages is now in decline. In the 30 the end the following: years from Harry Truman through No one would be forced to do this. It would be voluntary on the part of the SEC. 3. MINIMUM WAGE INCREASE. Jack Kennedy to Lyndon Baines John- (a) SHORT TITLE.—This section may be son, the average income of the Amer- employee, and the commuting distance cited as the ‘‘Minimum Wage Increase Act of ican family more than doubled. would be the normal commuting dis- 1996’’. Since then it has been in decline, in tance as determined by the rules of the (b) AMENDMENT.—Paragraph (1) of section decline despite the fact that there are Department of Labor. 6(a) of the Fair Labor Standards Act of 1938 now two wage earners in millions of b 1015 (29 U.S.C. 206(a)) is amended to read as follows: American families. In those 30 years, This is supported by all workers basi- ‘‘(1) except as otherwise provided in this the percentage of women in the Amer- cally, union, nonunion, Republican, section, not less than $4.25 an hour during ican work force has risen by 180 per- Democrat, socialist, communist, what- the period ending on June 30, 1996, not less cent. Today women make up half of ever. It is a sound piece of legislation. than $4.75 an hour during the year beginning America’s work force. Mr. GOODLING. Mr. Speaker, I yield on July 1, 1996, and not less than $5.15 an If Americans were asked to name a myself the balance of my time. hour after the expiration of such year;’’. big employer in America just a few Mr. Speaker, one of the gentlewomen POINT OF ORDER years ago, they probably would have said we ought to get the facts straight, Mr. PORTMAN. Mr. Speaker, I rise said Lee Iacocca but they would not and I think that would be a pretty good to a point of order against this amend- have said Beverly. But Beverly hired idea. They have been throwing around ment. more people than did all of auto. Bev- figures like 3 million, 5 million, 10 mil- The SPEAKER pro tempore (Mr. erly runs nursing homes in America, lion, 100 million if, as a matter of fact, WALKER). The gentleman will state his Beverly’s workers work for the mini- my amendment dealing with the small point of order. mum wage, and most of them are business exemption, which is the law at Mr. PORTMAN. Mr. Speaker, pursu- women. the present time, would happen to be ant to section 425(a) of the Congres- We have had an evolution, in the life- adopted. sional Budget Act, it is not in order for time of everyone in this Chamber, in That is pretty interesting. You know the House to consider any amendment the American work force. America where they are getting those figures? that would increase the direct costs of must invest in its human capital as They are getting those figures from the Federal intergovernmental mandates well as its physical capital. Corpora- Census Bureau of people who are em- in excess of $50 million annually. The tions in America must get better at ployed by businesses that have an in- precise language in the amendment belong-term planning and less at short- come less than $500,000. fore us on which this is based is ‘‘Para- run gain. Manufacturers in America Well, what they are forgetting to do, graph 1 of section 6(a) of the Fair must do better at focusing on quality first of all, they have to say, well, who Labor Standards Act of 1938 is amended rather than quick profits. is already exempted in that group? Let to read as follows: Not less than $4.75 Our workers must once again be the me tell you who is already exempted in an hour during the year beginning July best paid workers in the world. Why? that group: The self-employed, they are 1, 1996, and not less than $5.15 an hour To create unemployment? No; to put already exempted in that group. Then after the expiration of such year.’’ small business out of work? No; to you have the white collar exemptions, It is upon this basis and the impact raise the standard of American living, doctors, dentists, accountants, and at- this amendment would have on State because our people spend their money torneys. They are all exempted in that and local government as estimated by on Main Street USA. group. Then you have those who are ex- the Congressional Budget Office that I As a former small businessman my- empted from the 1989 amendments. raise this point of order, and ask for a self who owned restaurants in Mon- They are exempted from overtime re- ruling from the Chair. tana, I can tell Members that my days quirements. Then you have those who The SPEAKER pro tempore. The gen- were never better than when my work- work for individual franchises, such as tleman from Ohio makes a point of ers and Montana’s workers were well McDonald’s, Burger King, all exempted order that the amendment violates sec- paid. I never had more profitable years at the present time. I mean, all do not tion 425(a) of the Congressional Budget than those years when the minimum fit into an exemption at the present Act of 1974. wage was raised. Do it for America. time, because they have over $500,000 in In accordance with section 426(b)(2) Take care of America’s workers. income. Can you tell me how many are of the act, the gentleman has met his Mr. GOODLING. Mr. Speaker, Mon- exempted by State law? threshold burden to identify the spe- tana would only lose 2,800 jobs if we do So when you talk about millions, you cific language in the amendment on nothing but raise the minimum wage. are not talking about the true facts, I which he predicates the point of order. H5512 CONGRESSIONAL RECORD — HOUSE May 23, 1996 Under section 426(b)(4) of the act, the pose both an intergovernmental and a funded Mandate Reform Act. It is not a gentleman from Ohio and a Member op- private sector mandate, as defined in dilatory tactic. It is to decide whether posed each will control 10 minutes of the Unfunded Mandates Reform Act, we want to impose a mandate. I think debate on the point of order. that would exceed the $50 million an- it is great we are having this informed Pursuant to section 426(b)(3) of the nual threshold for intergovernmental debate. We are going to hear from act, after debate on the point of order mandates beginning in fiscal year 1997. other speakers now. the Chair will put the question of con- For 1998, the first full year in which Mr. Speaker, I yield 1 minute to the sideration, to wit: ‘‘Will the House now the minimum wage would be $5.15, the gentleman from Oklahoma [Mr. consider the amendment?’’ direct cost of the mandate would total LARGENT]. The gentleman from Ohio [Mr. $310 million for State and local govern- Mr. LARGENT. Mr. Speaker, you can PORTMAN] is recognized for 10 minutes. ments, and $3.7 billion for the private get an argument in this body over just Is there a Member seeking recognition sector.’’ That is from CBO. about anything, but I think most of us in opposition? Thanks to the Unfunded Mandates would agree that three strikes, you are Mr. BONIOR. Mr. Speaker, I seek Reform Law, we now have the facts, out in America’s favorite pastime. time in opposition. and we now have the opportunity as a I want to talk about the three strikes The SPEAKER pro tempore. The gen- Congress to decide, do we want to im- of the issue at hand, minimum wage. tleman from Michigan will be recog- pose these additional costs on the pri- Strike one, it is bad policy. There real- nized for 10 minutes. vate sector and also on State and local ly is no serious debate that when you PARLIAMENTARY INQUIRY government? increase the cost of labor, you decrease Mr. BONIOR. Mr. Speaker, I have a Mr. Speaker, I just want to remind the number of jobs. There really is no parliamentary inquiry. my colleagues that if you do not be- serious debate about that anywhere, The SPEAKER pro tempore. The gen- lieve we should impose these costs, this except here in this Congress. tleman will state his parliamentary in- would be a no vote. Strike two, it is bad politics. The quiry. Mr. Speaker, I reserve the balance of people who really take it in the shorts Mr. BONIOR. Mr. Speaker, as you my time. on this are small businessmen. The Mr. BONIOR. Mr. Speaker, I yield correctly stated, I do seek control of people that are creating 80 percent of myself such time as I may consume. the 10 minutes of time noted. I also the jobs that we have in this country, Mr. Speaker, I have a question that they are the ones that are going to would ask the Speaker if it would be in those of us on this side of the aisle order for me to yield 5 minutes of that have, which is why some of our Repub- take it in the shorts when we increase time to the gentleman from California lican friends over here will not allow the minimum wage. There is no debate [Mr. RIGGS], and ask unanimous con- the House to have a clean, simple, up- about that either. That is strike two. sent that he be allowed to partition his or-down vote on the minimum wage? If Strike three, it is bad PR. Do you 5 minutes as he deems fit? they are opposed to the minimum want to know why there is such a high The SPEAKER pro tempore. The gen- wage, then fine. Why do they not stand level of cynicism about the way Wash- tleman may do that by unanimous con- up and vote no, rather than hide behind ington works across this country? It is sent. procedural maneuvers and these par- because Washington continues to say Mr. BONIOR. Mr. Speaker, I ask liamentary tactics? one thing, and do another, and that is unanimous consent that the gentleman This is a dilatory motion, a dilatory exactly what we are about to vote on from California [Mr. RIGGS] be given 5 motion. The House will not even be al- the Riggs amendment. minutes of my 10 minutes, and that he lowed to debate, much less vote, on the Vote ‘‘no’’ on the Riggs amendment. be allowed to yield that time as he so Riggs amendment to raise the mini- Mr. BONIOR. Mr. Speaker, I ask desires. mum wage. unanimous consent that the remainder The SPEAKER pro tempore. Is there This motion, Mr. Speaker, dem- of my time be controlled by the distin- objection to the request of the gen- onstrates in our view an extraordinary guished gentleman from Missouri [Mr. tleman from Michigan? double standard. The Committee on CLAY]. There was no objection. Rules routinely, and I want to empha- The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The size that, routinely waives unfunded objection to the request of the gen- Chair recognizes the gentleman from mandate law for bills supported by the tleman from Michigan? Ohio [Mr. PORTMAN]. Republican leadership. In fact, they There was no objection. Mr. PORTMAN. Mr. Speaker, I yield have taken three rollcall votes to Mr. RIGGS. Mr. Speaker, I yield my- myself such time as I may consume. waive the unfunded mandate laws in self such time as I may consume. Mr. Speaker, last year 394 Members the last 3 months. Our friend on the Mr. Speaker, let me first of all ac- of this House voted to pass the Un- Republican side voted for all of those knowledge that I did support the unfunded Mandates Reform Act of 1995, waivers. It was okay then when they funded mandates reform legislation which, for the first time, ensures that wanted to move things that they which passed this House by an over- before we vote on measures that im- thought were needed or were impor- whelmingly bipartisan margin during pose unfunded mandates on State and tant. But now they are using that law the first 100 days of this session of Con- local government, that we have three to block a vote on the minimum wage, gress as part of our Contract With things: First, we have an analysis of a proposal, by the way, supported by 80 America, so I want to make clear at what the cost is; second, we have an in- percent of the American people. The the outset, I support the general prin- formed debate on whether the mandate unfunded mandate law was never in- ciples of unfunded mandates reform. should be imposed; and third, and that tended, never intended, as a tool for However, let me see if I can draw a is what we are up to today, we have a the majority to prevent a vote on an distinction between what I believe was recorded vote on whether to impose issue just because they do not like it. the purpose of that legislation and the such a mandate. The question before the House is a minimum wage amendment that I have It does not mean we never mandate, simple one: Will the House be allowed, offered, which is now pending before but it means we do so in the full light will we be allowed, to consider the the House. of day, and that is what this is all Riggs amendment to raise the mini- We in the Western United States, es- about. Having this point of order is mum wage by 90 cents, 50 cents the pecially in northwest California, are about keeping the promise Congress first year, 40 cents the second year? pretty familiar with the onerous im- made a year ago to know the cost in- Stop these procedural games, these pact of Federal environmental regula- formation, to have a separate debate, delays. Vote ‘‘yes’’ on this issue. tions, as well as other unfunded man- and to make a decision in the clear Mr. Speaker, I reserve the balance of dates. Those are mandates that are im- light of day as to whether we impose my time. posed on State and local governments. this additional mandate. Mr. PORTMAN. Mr. Speaker, I yield In fact, the Unfunded Mandates Review I have a letter here from the Congres- myself such time as I may consume. Panel has looked at Federal environ- sional Budget Office which states as Mr. Speaker, I want to remind the mental regulations, such as the Clean follows: ‘‘This amendment would im- last speaker, this is part of the Un- Air Act, Endangered Species Act, and May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5513 others, and have ruled, issued a report, b 1030 point of order. I remind my colleagues saying that those Federal environ- Mr. Speaker, I urge my colleagues to that 1 year ago we did vote overwhelm- mental regulations do in fact con- defeat the point of order so we may ingly to uphold it, and it is not just the stitute an unfunded or underfunded proceed on the vote on increasing the fact we are losing dollars for the States mandate imposed on State and local minimum wage. Human beings have and cities, it is a vote to place a mas- governments by Washington, by the basic needs; they must eat, they must sive $12.3 billion unfunded Government Federal Government. have shelter, they must have clothes. mandate on private business as well. It But in this instance, what we are These needs are universal. They apply is a vote to destroy 620,000 jobs. talking about doing is modestly in- equally to employees of State and local And those jobs are jobs that part- creasing the minimum wage to keep time workers, teenagers, welfare re- governments and the private sector. pace with inflation and restore some of If workers are to meet these needs cipients, in spite of what my colleague the purchasing power to the minimum without public assistance, they must says, and unskilled workers, will never wage that has been eroded over the be able to earn a living wage for their have. Those are the people we ought to years by inflation. My belief is that labor. Increasing the minimum wage is be creating jobs for. We ought to be over time, by increasing the minimum not a true unfunded mandate. The fail- eliminating the costly mandates that wage and by implementing meaningful we here in Washington shove down the ure to ensure a living wage is ulti- welfare reform, we will be moving more throats of our taxpayers. mately far more expensive to local gov- people from welfare to work, helping This wage increase is bad economics, ernment, State governments, private those people obtain again full employ- bad policy, and bad for the American businesses, and society as a whole than ment, and, in the long term, become worker. I ask the Congress not to do a modest increase in the minimum taxpaying, contributing members of so- what is easy but do what is right for wage. ciety. America: Vote ‘‘no’’ on this. Americans Mr. Speaker, I will gladly and proud- Mr. Speaker, over the long term, the do not want, do not need, and do not ly vote to waive the point of order be- increase in the minimum wage, again, deserve unfunded mandates. if coupled with meaningful welfare re- cause it would be an outrage for this Mr. RIGGS. Mr. Speaker, I yield my- form, is going to produce more tax- House to block a vote on the minimum self 15 seconds just to mention that the payers, and that is going to increase wage. letter cited by my good friend and col- Mr. Speaker, I reserve the balance of Federal tax receipts over the long league, the gentleman from Ohio [Mr. my time. term, and that will offset the effects of PORTMAN], from June O’Neill of the Mr. PORTMAN. Mr. Speaker, may I a so-called unfunded mandate. Congressional Budget Office, opining The whole idea of an unfunded man- inquire of the Chair how much time is that the minimum wage constitutes an date provision in law today is to pro- remaining on this side? unfunded mandate does not take into The SPEAKER pro tempore (Mr. tect against mandates being imposed account the possible passage of the WALKER). The gentleman from Ohio on State and local governments that Goodling amendment which brought [Mr. PORTMAN] has 6 minutes remain- they must then pay for with their own this about. ing, the gentleman from California Mr. PORTMAN. Mr. Speaker, I yield tax receipts. I do not believe that in- 1 creasing the minimum wage, helping [Mr. RIGGS] has 1 ⁄2 minutes remaining, 1 minute to the gentleman from Ari- and the gentleman from Missouri [Mr. people make that transition from wel- zona [Mr. SHADEGG]. fare to work, helping them become tax- CLAY] has 2 minutes remaining. Mr. SHADEGG. Mr. Speaker, I urge Mr. PORTMAN. Mr. Speaker, I yield paying, contributing members of soci- my colleagues to recognize this as an 1 minute to the gentleman from Indi- ety, does in fact constitute an un- unfunded mandate and to stand on ana [Mr. MCINTOSH]. funded mandate. principle. We are telling governments Mr. Speaker, I reserve the balance of Mr. MCINTOSH. Mr. Speaker, I rise all across America, cities, States, my time. in support of the point of order and counties, that they must pay a wage Mr. PORTMAN. Mr. Speaker, I yield want to make two points, one my col- but we are not providing the money to 1 minute to the gentleman from Texas league, the gentleman from Arizona pay that wage. [Mr. ARMEY], the distinguished major- [Mr. SHADEGG], pointed out: That We are doing what we told the Amer- ity leader. Abdul Ugdah will not be able to give ican people in the Contract With Amer- Mr. ARMEY. Mr. Speaker, I thank jobs to inner-city youths, and that this ica we would not do. This is not rocket the gentleman for yielding me time. unfunded mandate of a minimum-wage science, it is simple and straight- Mr. Speaker, you know, when we con- increase discriminates against blacks forward. It is a matter of keeping our vened this Congress we and the Nation and minorities. And for that reason word. were so proud that we finally gave un- alone, we should vote against it. An unfunded mandate imposed upon funded mandates relief to America. We But earlier in this year we passed a the States is unfair and it is wrong. It now have an opportunity to reaffirm Contract With America that said we not only will cost the employees of Mr. our conviction that America should would not impose a tax increase on Ugdah their jobs, but it breaks our not have an unfunded mandate of this local taxpayers, we would not impose faith, and anybody who voted against magnitude foisted on them. an unfunded mandate on those local unfunded mandates has to recognize I take exception to all the arguments governments. This vote is a vote of in- this is a vote of hypocrisy. We must that say there is no downside to raising tegrity, and I call upon my Republican vote to sustain this point of order if we the minimum wage. In addition, of colleagues and my Democratic col- voted to ban unfunded mandates. course, to the perverse employment ef- leagues to support that bill, all 340 of Mr. CLAY. Mr. Speaker, I yield 2 fects on the least advantaged workers us, to vote to sustain this point of minutes, the balance of my time, to in America, there is in fact a cost to be order and show the voters we were not the gentleman from Texas [Mr. borne in the private sector. being dishonest, we were not being DOGGETT]. Once again we are contemplating a politicians when we passed the un- Mr. DOGGETT. Mr. Speaker, the gen- course of action where Washington gets funded mandate bill; that we meant to tleman from Arizona speaks of hypoc- to feel good about its generosity, while keep our word then, and today we in- risy. Let me point out that he and the others bear the cost. Once again we get tend to keep our word and sustain this gentleman from Ohio and the gen- to feign compassion by bleeding our point of order. tleman from Indiana, who spoke a few hearts with other people’s money. If this vote loses, then I think most moments ago, and the distinguished This is not an acceptable course of Americans will know that we did not majority leader, they have voted three action, and I encourage everybody who mean to uphold the Contract With times in this Congress to waive the believes we ought not to be imposing America when we passed it. very unfunded mandates rule that they unfunded mandates on the rest of the Mr. PORTMAN. Mr. Speaker, I yield now inject into this debate for the sole Nation to vote ‘‘no’’ on imposing this 1 minute to the gentleman from Texas, purpose of thwarting a minimum-wage on funded mandate on America. Mr. SAM JOHNSON. increase. Mr. CLAY. Mr. Speaker, I yield my- Mr. SAM JOHNSON of Texas. Mr. Mr. Speaker, I think the majority self 1 minute. Speaker, I rise in strong support of the leader has at least been candid with H5514 CONGRESSIONAL RECORD — HOUSE May 23, 1996 the American people with regard to his ferent. Do not try to deceive the Amer- ise, the American people should still position on giving America a raise, for ican people again. believe that Washington is being re- he said he would resist that increase in Support the point of order. This is an formed? the minimum wage with every fiber in unfunded mandate. I urge the 394 Members who sup- his body. And it was obvious when he Mr. RIGGS. Mr. Speaker, I yield my- ported the Unfunded Mandates Act, spoke here, and he is a fairly fibrous self such time as I may consume to say Public Law 104–4, to support our point guy, that he has not only done any- that, first, with respect to the mini- of order. Increasing the minimum wage thing that he could to prevent a minimum wage amendment constituting an is an unfunded mandate. Vote ‘‘no’’ on mum-wage increase, he has done every- unfunded mandate imposed on the pub- the consideration of this unfunded thing that he could do to prevent a lic sector, I am not aware of any State mandate. minimum-wage increase. And this is or local government that has contacted Mr. RIGGS. Mr. Speaker, I yield the the latest of those tactics. the Congress to express their reserva- balance of my time of the gentleman Our colleague, his right-hand man, tions. from Connecticut [Mr. SHAYS], another the gentleman from Texas [Mr. Mr. Speaker, I yield 30 seconds to the original cosponsor of the minimum DELAY], the majority whip, denied gentleman from Pennsylvania [Mr. wage amendment. there were even families out there that ENGLISH], my good friend and colleague Mr. SHAYS. Mr. Speaker, I encour- were living on the minimum wage. and cosponsor of the minimum wage age my colleagues to vote ‘‘yes’’ and to And, indeed, they are barely living on amendment. allow the Riggs amendment to be con- the minimum wage. And to top it all Mr. ENGLISH of Pennsylvania. Mr. sidered. The Riggs amendment will off, the Chair of the Republican Con- Speaker, let me say I come to this Con- allow us to vote to increase the mini- ference, the gentleman from Ohio [Mr. gress as a strong supporter of the re- mum wage. Anyone who supports in- BOEHNER], said, ‘‘I will commit suicide striction on unfunded mandates, and I creasing the minimum wage, must vote before I vote on a clean minimum-wage come to this Congress as a former fi- ‘‘yes’’ on this motion. bill.’’ nance officer. The bottom line is we are encourag- That is what this is all about. It is do I am strongly opposed to this point of ing a ‘‘yes’’ vote to increase the mini- anything, do everything possible in order because I think it stretches that mum wage. We need a ‘‘yes’’ vote on order to thwart the desire of the Amer- rule beyond recognition. That rule was this motion. ican people for a raise. never intended to freeze in perpetuity The bottom line is we are encourag- There have been three times in this our current minimum wage. ing a ‘‘yes’’ vote to increase the mini- session that they have voted, every sin- If we sustain this point of order, I mum wage. We need a ‘‘yes’’ vote on gle person, including the gentleman think it will open the door to many this motion. that has raised this point of order, more unfunded mandates. Mr. PORTMAN. Mr. Speaker, I want every single person who has spoken in Mr. PORTMAN. Mr. Speaker, I yield to say briefly, because there has been favor of this point of order, there have 30 seconds to the gentleman from Ohio some confusion in some of the discus- been three times that they were not so [Mr. BOEHNER]. sion, that a ‘‘no’’ vote is the right vote concerned about the mandates bill that Mr. BOEHNER. Mr. Speaker, over the if Members do not want to impose addi- they were not willing to waive it. last 16 months there has certainly been tional mandates on State and local But this morning they have a wave of some disagreement about what we have government. a different kind. They propose to wave done in this new Congress. But I have There are also huge private sector goodbye to the desire of the working to tell my colleagues that on our side mandates here which were required to people of this country to have a work- of the aisle, what we have done here on be analyzed by the Unfunded Mandates ing wage. We believe, in the American the House floor every day was what we Relief Act, but a ‘‘no’’ vote is the cor- economy, that it does not have to all thought was in the best interest of the rect vote if Members do not want to trickle down. It can bubble up. And the American people. impose these additional mandates. idea is to help some of those people at We have been honest with the Amer- In closing, I would just say that this the bottom of the economic ladder rise ican people and that is why we passed is exactly the kind of debate we hoped upward. the unfunded mandate legislation. If to have with the Unfunded Mandates Mr. PORTMAN. Mr. Speaker, I yield we are going to continue to uphold our Relief Act. We now have it out in the myself such time as I may consume to responsibility to the American people, open. This is an unfunded mandate on say quickly to my colleague that both let us be honest with them today. State and local government. If Mem- the gentleman from Missouri [Mr. Let us vote no, not to waive the point bers do not want to impose those man- CLAY] and the gentleman from Texas of order against this. Let us stand up dates, they now have the opportunity [Mr. DOGGETT] have talked about the and do the right thing once again. to stand up and be counted. Unfunded Mandates Relief Act, as has Mr. PORTMAN. Mr. Speaker, I yield The SPEAKER pro tempore. The the gentleman from Michigan [Mr. 1 minute to the gentleman from Mary- question is, Will the House now con- BONIOR]. All three of them voted for land [Mr. BARTLETT]. sider the amendment offered by the Mr. BARTLETT of Maryland. Mr. the act, and I am glad they did. I am gentleman from California [Mr. RIGGS]? glad we are having this debate today. Speaker, as my colleagues can see from The question was taken; and the I would say that the one rule that I the CBO position, increasing the mini- Speaker pro tempore announced that know of where we waived a point of mum wage by 90 cents is a monstrous the noes appeared to have it. order, there were no unfunded man- unfunded mandate, more than a billion Mr. CLAY. Mr. Speaker, I object to dates in the underlying legislation. dollars to the public sector, which the vote on the ground that a quorum And in that case, indeed, Mr. DOGGETT clearly much exceeds our $50 million is not present and make the point of or anyone else could have raised a threshold and more than $12 billion to order that a quorum is not present. point of order on the rule. the private sector. The SPEAKER pro tempore. Evi- When 100 percent of the Republicans Mr. Speaker, I yield 1 minute to the dently a quorum is not present. and 85 percent of the Democrats in the gentleman from Michigan [Mr. CHRYS- The Sergeant at Arms will notify ab- House agreed on the unfunded man- LER]. sent Members. The vote was taken by dates issue, the American people had Mr. CHRYSLER. Mr. Speaker, I rise electronic device, and there were—yeas good reason to believe that Washington in support of this point of order. This is 267, nays 161, not voting 5, as follows: an unfunded mandate. One billion to was changing the way it does business. [Roll No. 191] municipalities cost $13 billion nation- Now, this Memorial Day weekend, do I wide. have to go home and explain to local YEAS—267 We agreed to live under the same officials why Congress ignored the un- Abercrombie Barcia Berman Ackerman Barrett (WI) Bevill laws as what we passed. We must live funded mandates law? This Memorial Andrews Becerra Bilbray under the laws that we have passed in Day weekend, do I have to go home and Bachus Beilenson Bilirakis this Congress. That is why we were try to reassure my constituents that Baesler Bentsen Bishop sent here, that is what makes us dif- even though Congress broke its prom- Baldacci Bereuter Blute May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5515 Boehlert Hastings (FL) Pallone Cubin Hutchinson Porter time to the other side, to the gen- Bonior Hefner Pastor Cunningham Hyde Portman LAY Borski Hilliard Payne (NJ) Davis Inglis Pryce tleman from Missouri [Mr. C ], and Boucher Hinchey Payne (VA) DeLay Istook Radanovich then I would like to further ask if I Browder Hobson Pelosi Dickey Johnson, Sam Rohrabacher would be doing that under unanimous Brown (CA) Hoke Peterson (FL) Doolittle Jones Roth consent and ask further unanimous Brown (FL) Holden Peterson (MN) Dornan Kasich Royce Brown (OH) Horn Pickett Dreier Kim Salmon consent that Mr. CLAY be entitled to Bryant (TX) Houghton Pomeroy Dunn Kingston Sanford allocate that 20 minutes as he sees fit? Bunn Hoyer Poshard Ehlers Knollenberg Saxton The SPEAKER pro tempore. The gen- Buyer Jackson (IL) Quillen Ehrlich Kolbe Scarborough tleman may make that request by Canady Jackson-Lee Quinn Emerson LaHood Schaefer Cardin (TX) Rahall Everett Largent Seastrand unanimous consent. Castle Jacobs Ramstad Ewing Latham Sensenbrenner Mr. RIGGS. Mr. Speaker, I do so ask Chapman Jefferson Rangel Fawell Laughlin Shadegg unanimous consent. Clay Johnson (CT) Reed Fields (TX) Lewis (KY) Shuster The SPEAKER pro tempore. The gen- Clayton Johnson (SD) Regula Fowler Lightfoot Skeen Clement Johnson, E. B. Richardson Frelinghuysen Linder Smith (MI) tleman asks unanimous consent that Clinger Johnston Riggs Funderburk Livingston Smith (TX) the gentleman from Missouri [Mr. Clyburn Kanjorski Rivers Gekas Lucas Souder CLAY] be granted 20 minutes of his 45 Coleman Kaptur Roberts Geren Manzullo Spence Collins (IL) Kelly Roemer Gilchrest McCollum Stearns minutes, and further that the gen- Collins (MI) Kennedy (MA) Rogers Goodlatte McCrery Stenholm tleman from Missouri may be able to Condit Kennedy (RI) Ros-Lehtinen Goodling McInnis Stump control that time and yield time under Conyers Kennelly Rose Goss McIntosh Talent his 20 minutes. Costello Kildee Roukema Graham McKeon Tate Coyne King Roybal-Allard Greene (UT) Meyers Tauzin Is there objection to the request of Cramer Kleczka Rush Gutknecht Mica Taylor (NC) the gentleman from California? Cremeans Klink Sabo Hall (TX) Miller (FL) Thomas There was no objection. Cummings Klug Sanders Hansen Montgomery Thornberry Mr. RIGGS. Mr. Speaker, I yield my- Danner LaFalce Sawyer Hastert Myers Tiahrt de la Garza Lantos Schiff Hastings (WA) Myrick Vucanovich self 4 minutes. Deal LaTourette Schroeder Hayes Nethercutt Walker Mr. Speaker, let me just explain to DeFazio Lazio Schumer Hayworth Norwood Wamp our colleagues and to the American DeLauro Leach Scott Hefley Nussle Watts (OK) Dellums Levin Serrano Heineman Oxley Weldon (FL) people the very straightforward amend- Deutsch Lewis (CA) Shaw Herger Packard White ment I am offering today. Diaz-Balart Lewis (GA) Shays Hilleary Parker Wicker My amendment would increase the Dicks Lincoln Sisisky Hoekstra Paxon Wolf Federal minimum-wage guarantee Dingell Lipinski Skaggs Hostettler Petri Zeliff Dixon LoBiondo Skelton Hunter Pombo from the present $4.25 an hour today by Doggett Lofgren Slaughter 50 cents to $4.75 on July 1 of this year NOT VOTING—5 Dooley Longley Smith (NJ) and then further increase the minimum Doyle Lowey Smith (WA) Engel Hancock Ward wage by 40 cents, from $4.75 an hour to Duncan Luther Solomon Franks (CT) Molinari Durbin Maloney Spratt $5.15 an hour effective July 1, 1997. Edwards Manton Stark b 1102 My minimum wage is intended, as I English Markey Stockman said in my earlier remarks, to increase Ensign Martinez Stokes Mr. ROGERS changed his vote from Eshoo Martini Studds ‘‘nay’’ to ‘‘yea.’’ the minimum wage for inflation, but I Evans Mascara Stupak So the question of consideration was want to point out to my colleagues Farr Matsui Tanner decided in the affirmative. that my amendment will not adjust the Fattah McCarthy Taylor (MS) minimum wage to a level that would be Fazio McDade Tejeda The result of the vote was announced Fields (LA) McDermott Thompson as above recorded. commensurate with inflation. In fact, Filner McHale Thornton PERSONAL EXPLANATION if we go back to January 1, 1978, the Flake McHugh Thurman date that the Congress first amended a Torkildsen Mr. HANCOCK. Mr. Speaker, on rollcall No. Flanagan McKinney minimum wage guarantee for Amer- Foglietta McNulty Torres 191, I voted prior to time and the register Torricelli ican workers, and took that initial Foley Meehan failed to record the vote. Had I been present, Forbes Meek Towns statutory minimum wage of $2.65 an I would have voted ``no.'' Ford Menendez Traficant hour and adjusted it for inflation using Fox Metcalf Upton PERSONAL EXPLANATION Frank (MA) Millender- Velazquez the Consumer Price Index to the Franks (NJ) McDonald Vento Mr. WARD. Mr. Speaker, I was unavoidably present day, the minimum wage today Frisa Miller (CA) Visclosky absent during the record of rollcall vote No. should be more on a par of $6.64 an Volkmer Frost Minge 191. Had I been present, I would have voted hour. Furse Mink Walsh ``yea.'' Gallegly Moakley Waters Mr. Speaker, I will yield 3 minutes to Ganske Mollohan Watt (NC) The SPEAKER pro tempore (Mr. the gentleman from New York [Mr. Waxman Gejdenson Moorhead WALKER). The amendment having been QUINN], at this point, but I would like Gephardt Moran Weldon (PA) designated, the gentleman from Cali- Gibbons Morella Weller to point out, Mr. Speaker, before going Gillmor Murtha Whitfield fornia [Mr. RIGGS] and a Member op- to Mr. QUINN, that he has been the lead Gilman Nadler Williams posed each will control 45 minutes. proponent of the minimum-wage in- Wilson Gonzalez Neal Is there a Member who wishes to be crease and he is the primary reason Gordon Neumann Wise recognized in opposition to the amend- Green (TX) Ney Woolsey why 76 House Republicans just voted to Greenwood Oberstar Wynn ment? allow a debate on this floor on the min- Gunderson Obey Yates Mr. BALLENGER. Mr. Speaker, I rise imum-wage amendment. Gutierrez Olver Young (AK) in opposition to the amendment. Hall (OH) Ortiz Young (FL) Mr. Speaker, I yield 3 minutes to the Hamilton Orton Zimmer The SPEAKER pro tempore. The gen- gentleman from New York [Mr. QUINN]. Harman Owens tleman from North Carolina [Mr. Mr. QUINN. Mr. Speaker, I would BALLENGER] will control 45 minutes. like to thank the gentleman from Cali- NAYS—161 The Chair recognizes the gentleman fornia [Mr. RIGGS] for yielding me 3 Allard Boehner Chabot from California [Mr. RIGGS]. minutes this morning. Archer Bonilla Chambliss Armey Bono Chenoweth PARLIAMENTARY INQUIRY Mr. Speaker, I take this opportunity Baker (CA) Brewster Christensen Mr. RIGGS. Mr. Speaker, I have a to speak to all of our colleagues on Baker (LA) Brownback Chrysler parliamentary inquiry. both sides of the aisle today as we Ballenger Bryant (TN) Coble Barr Bunning Coburn The SPEAKER pro tempore. The gen- move forward to discuss and to vote on Barrett (NE) Burr Collins (GA) tleman will state his parliamentary in- eventually the Riggs-Quinn amend- Bartlett Burton Combest quiry. ment. Barton Callahan Cooley Mr. RIGGS. Mr. Speaker, I seek the Mr. Speaker, for the last 2 months Bass Calvert Cox Bateman Camp Crane direction of the Chair because I would there has been a lot of hard work done Bliley Campbell Crapo like to yield 20 of my 45 minutes of on this issue by a lot of Members in the H5516 CONGRESSIONAL RECORD — HOUSE May 23, 1996 Chamber. For the purposes of our side percent of minimum wage earners are Mr. GENE GREEN of Texas. Mr. of the aisle and the Republican side, it teenagers or other workers living with Speaker, my good friend, the gen- is an opportunity for me now to thank their parents and only 2.8 percent are tleman from North Carolina, may want our leadership who have worked hard single parents supporting a family. to know that if we pass a minimum and long with us to finally bring this Raising the minimum wage is not an wage increase that 345,000 workers in vote, an up or down vote, on raising the effective way to help the working poor. North Carolina will see an increase in minimum wage to a vote on the floor of President Clinton said so himself just their wage. That is a pretty good trade- the House. last year. In fact, minimum wage jobs off if those jobs are really lost, but I do I have said since I began in the last are often the first rung on the ladder of not think they will be. upward mobility. Increasing the wage 2 months this is a very simple issue; in- Mr. CLAY. Mr. Speaker, I yield my- to $5.15 or higher just moves that rung deed the bill that the gentleman from self 2 minutes. California [Mr. RIGGS] and I have put beyond reach, making it harder for together for our colleagues’ consider- those with few skills and training or Mr. Speaker, first of all, I would like ation today is only 17 lines long; that limited education to get a first job. Re- to thank the gentleman from Califor- as we talk about raising the minimum search shows that 63 percent of mini- nia [Mr. RIGGS] for yielding the time to wage for people all across this country mum wage workers earn higher wages me. and back in our own congressional dis- within 12 months, and some 40 percent Mr. Speaker, I rise to support the tricts, it is not a complicated matter will receive their first raise within 4 Riggs-Quinn amendment increasing the at all. We have an opportunity right months. Not too long ago, an article minimum wage by 90 cents. now to talk about the minimum wage appeared in the Wall Street Journal that clearly illustrated this point. It Since the minimum wage was last in- not being raised in less than 6 or 7 creased on April 1, 1991, inflation has years, and during that time the cost of was written by a manager of the Angus Barn in Raleigh, NC. She was a single eroded its real value by fifty cents. By living in every other aspect, whether it the end of this year, the purchasing is gasoline, whether it is food, clothing, mother with two children, barely surviving on welfare. Today, she manages power of the minimum wage will be at sneakers, school books for our kids, the its lowest point in 40 years. cost of that over these last 6 or 7 years one of the largest and most popular has all gone up, and the minimum wage restaurants in North Carolina. The key Some of my colleagues on the other has stayed the same. to her success was a minimum wage side of the aisle claim that it is not im- At the same time, in Federal agen- job. This starting job taught her the portant to raise the minimum wage be- cies across the country, in statehouses, skills she needed to keep moving up cause the only minimum wage workers in counties, everybody is talking about the career ladder and opened the door are high school students earning extra welfare reform, that we should make for her to advance to better and higher spending money. That is but one of the our best attempt to get people off of paying positions. By raising the start- many lies and distortions hustled by welfare and into jobs. I suggest to the ing wage—we will be denying opportu- opponents of the minimum wage. The membership today, Mr. Speaker, that nities like this to thousands of work- average minimum wage worker is re- when someone makes the minimum ers. And consider that at this same sponsible for one-half of his or her fam- wage for 40 hours a week, and someone time, we’re trying to move unskilled ily’s income. Half of all minimum wage makes $8,840 and they are below the people off welfare and into the workers are working full time. Sixty- poverty level for this country, that is workforce—we’re eliminating the jobs three percent of all minimum wage not making an honest wage. they will need. workers are at least 20 years old. It’s well known by economists and I suggest to our membership that it The amendment before us will di- lawmakers that higher minimum is time to give Americans a raise, that rectly impact the wages of 12 million we have worked long and hard. We will wages lead to job losses. Dozens of studies show that raising the minimum workers; 300,000 people, including be debating later on this afternoon dif- 100,000 children, will see their family ferent amendments, but it is not a wage costs entry-level job opportunities, and does not help the poor. Even income raised above the poverty line as complicated matter. a direct result of this amendment. But I urge all of our colleagues to vote the non-partisan Congressional Budget Office report indicates that an increase the benefits of this amendment extend ‘‘yes’’ on the Riggs-Quinn-English-Mar- beyond those who will see their wages tini amendment, and I want to thank in the starting wage could cause employment losses in the range of 100,000 increased as a direct result of its enact- all of our colleagues on both sides of ment. As study after study has shown, the aisle for making us and getting us to 500,000 jobs. Other economic studies point to even higher job losses. If the a modest increase in the minimum to this point today where we get a wage will strengthen the economy, by vote. wage rate is hiked up to a new level, my home state of North Carolina will increasing the ability of workers to Mr. BALLENGER. Mr. Speaker, I also be consumers. yield myself such time as I may lose an estimated 19,100 jobs. A 90-cent consume. increase in the wage rate is meaning- Finally, this amendment should be Mr. Speaker, sound public policy fre- less for the person who no longer has a adopted as a matter of basic fairness. It quently takes a back seat to election job. is a basic tenet in this country that our year politics—and there is no clearer A minimum wage increase is the citizens should be self-sufficient. Mem- example of this than the current de- modern day ‘‘magic potion’’ of election bers come to this well time and time politics. It makes the political estab- bate on raising the minimum wage. We again railing against the poor and lishment feel good—‘‘see, we’ve taken have all heard the rhetoric from the preaching about self-sufficiency. But care of the problem of low wages’’ and other side, where day after day my col- how in the world can a person be self- it pretends to help people who need leagues have taken to the floor to sufficient working full time, earning help. But, in reality it does more harm argue that we need to help working just $8,500.00 a year? I urge my col- than good, costing some low-wage families by increasing the minimum leagues to support this amendment. workers their jobs and raising the cost wage. They have painted a picture that Nevertheless, let me caution my col- of essential goods which make up the the average minimum wage worker is a leagues about the Goodling amend- biggest part of these families’ budgets. head of a household who is trying to ments. I strongly oppose his amend- But increasing, the minimum wage, the support a family earning the minimum ment that restores a subminimum Congress is hurting job creation and wage, just $8,840 a year. Well—that pic- wage and robs computer operators and opting for politics over sound policy. ture is phoney—just as phoney as the restaurant workers of some of their arguments of those who would vote to b 1115 hard-earned wages. Let me make my- increase the minimum wage. According Mr. Speaker, I reserve the balance of self perfectly clear about the other to data from the U.S. Census Bureau, my time. Goodling amendment. As important as only 11 percent of all workers earning Mr. CLAY. Mr. Speaker, I yield 15 it is to increase the minimum wage, I $5.15 an hour or less are the sole sup- seconds to the gentleman from Texas, will oppose this legislation on final porters of their families. More than 35 Mr. GENE GREEN. passage if the Goodling small business May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5517 exemption is adopted. I will not sup- in opposition to this amendment of- Sugarland, TX knows that in Texas port a minimum wage bill that ex- fered by my good friend, the gentleman 1,100,000 people will get a minimum cludes millions of workers from Fed- from California [Mr. RIGGS]. Increasing wage increase. eral minimum wage and overtime pro- the minimum wage makes minimum He knows why the President did not tections. sense. increase the minimum wage. We were Mr. Speaker, I reserve the balance of As a former small businessowner, I trying to provide health care, and we my time. remember well what intrusive govern- could not do both on small businesses. Mr. RIGGS. Mr. Speaker, I yield 2 ment mandates did to my business. It Since health care reform did not pass, minutes to the distinghished gen- hurt the bottom line, it hurt productiv- now we have to try a minimum wage tleman from New York [Mr. GILMAN], ity, it hurt competitiveness, and more increase. chairman of the Committee on Inter- important, it hurt my ability to create Mr. CLAY. Mr. Speaker, I yield 1 national Relations. jobs. Mr. Speaker, that is what my minute to the gentleman from Califor- (Mr. GILMAN asked and was given Democrat colleagues refuse to talk nia [Mr. DIXON]. permission to revise and extend his re- about. They will not talk about the op- Mr. DIXON. Mr. Speaker, I thank the marks.) portunities lost. They will not talk gentleman for yielding time to me. Mr. GILMAN. Mr. Speaker, as an about the jobs that are not created. Mr. Speaker, I rise in strong support original cosponsor of the minimum They will not talk about those people of increasing the minimum wage. The wage increase of 1996, I am pleased to who cannot get off welfare because gentleman from Texas [Mr. DELAY] in- rise in support of the minimum wage they cannot get the chance to get a job dicated that it hurts the bottom line. amendment to the Employee Commut- that was killed by another Washington The bottom line are the families in this ing Flexibility Act. This measure, in- mandate. But that is the most impor- country that are only making $8,500 to creasing the minimum wage by 90 cents tant part of this debate. The Democrat $8,900 a year, who deserve to be heard over a 2-year period, is a proper step in Party is to job creation what Dr. and deserve recognition for their work closing the wage gap in our Nation and Kevorkian is to health care, a job-kill- efforts. enabling our working families to make er cloaked in kindness. Mr. Speaker, two out of every three ends meet. My colleagues on the other side of people who are receiving the minimum Many of our employers in my region the aisle have made this debate an ar- wage are adult workers. Four in 10 are are already paying more than the cur- gument of fairness. They say that it is raising entire families. They are bread- rent minimum wage. I commend the unfair for starting workers to make winners for their whole family on this gentleman from New York [Mr. QUINN], dramatically less than corporate amount of money. Over a 2-year period, the gentleman from California [Mr. CEO’s. I am not going to respond to this will cause their wages to go up RIGGS], the gentleman from Pennsylva- that kind of economic mumbo-jumbo. $1,800. Eighteen hundred dollars for nia [Mr. ENGLISH], and the gentleman But let me ask this: Is it fair to kill someone making less than $9,000 is sub- from Connecticut [Mr. SHAYS] for their the opportunities of people who want stantial. It pays for 7 months’ utilities, leadership in this effort, and also the to work but cannot because of this unit can afford a college tuition for a 2- leadership on our side of the aisle for funded mandate? year college, it can bring a family clos- My friend, the gentleman from bringing this measure to the floor. er together with the American public, Texas, will stand up and talk about the Mr. Speaker, when this body last ad- who are making much more than any number of workers that will not see dressed this issue in 1989, the biparti- minimum wage efforts. their wages go up in the State of san proposal was supported by 80 per- Mr. Speaker, most important, since Texas. How about the number of work- cent of all Republican legislators. At 1989 we have not addressed this issue. ers in his own district that will not that time the minimum wage was $3.35 How many working Americans can say have a job available for them when an hour and increased to $4.25 an hour. that they have had no raise since 1989? they want to go to work? Is it fair to According to the Department of Labor, Mr. Speaker, I rise in strong support of the kill jobs in order to cure political head- over 4 million workers are paid the Riggs amendment to increase the Nation's aches? Is it fair to make job creation minimum wage, and 40 percent of those minimum wage. too expensive for the various small workers are their family’s only wage Nearly two-thirds of minimum wage workers businesses? That is the kind of fairness earner. are adults, and 4 in 10 are the sole bread- that liberal Democrats conveniently Mr. Speaker, it is inherently wrong winners of their families. I realize it may be dif- ignore. for Congress to freeze the minimum The most amusing aspect of this de- ficult for many Members of this body to fully wage for working families while at the bate is its timing. When Democrats ran comprehend the practical impacts of life on a same time increasing congressional the Congress just 2 years ago and had mere $8,500 a year. That's not a lot of money pay. During that same time frame, Mr. the White House, not once did they for one person, much less a family struggling Speaker, CEO’s who have said that this talk about raising the minimum wage. to provide basic necessities. modest proposal will eliminate jobs They were too busy raising taxes on To that family, a 90-cent increase in the have allowed their incomes to increase middle-class families. But now that minimum wage over the next 2 years for the by leaps and bounds. they have been thrown out of power, family breadwinner would generate an addi- It is now time for this body to take they have seized on this issue as their tional $1,800 in potential annual income and the same prudent action that this body saving grace. This saving grace for the $1,800 could buy: 7 months of groceries; 1 took in 1989, and to assist those who Democrats is a coup de grace for thou- year of health care costs; 9 months' worth of work hard for an hourly wage which sands of entry-level jobs. It is those utility bills; more than a full-year's tuition at a has remained stagnant since 1989. people who want just a chance to have 2-year college; and basic housing costs for al- America’s working families need a the opportunity to get a job, a chance most 4 months. raise. Accordingly, Mr. Speaker, I to achieve the American dream, who But the purchasing power available to a strongly urge my colleagues do support are most victimized by this unfunded minimum wage worker will soon fall to its low- this long-needed measure. mandate. est level in more than 40 years. This means Mr. BALLENGER. Mr. Speaker, I Mr. Speaker, increasing the mini- less food on the table for hungry children; less yield myself such time as I may mum wage is the wrong way to provide medicine for the cold and flu season; no den- consume. more opportunities for the American tal checkups; and a higher portion of income Mr. Speaker, I would like to note for people. It is a political throwaway going to pay for the rent and utility bills. the record that New York will face the which will do away with thousands of Mr. Speaker, we can debate the statistics loss of 29,900 jobs if the minimum wage jobs. For that reason, I urge my col- on the impacts of increasing minimum wage is increased. Up to 500,000 jobs will be leagues to vote against it. until we're blue in the face. The bottom line is eliminated nationwide. Mr. CLAY. Mr. Speaker, I yield 15 that we're not just talking about numbers. We Mr. Speaker, I yield 3 minutes to the seconds to the gentleman from Texas, are talking about familiesÐresponsible, work- gentleman from Texas [Mr. DELAY]. Mr. GENE GREEN. ing families, who are just getting by. If this Mr. DELAY. Mr. Speaker, I never Mr. GENE GREEN of Texas. Mr. body is really serious about reducing spending thought I would see this day, but I rise Speaker, my good friend from on welfare and reforming the system to move H5518 CONGRESSIONAL RECORD — HOUSE May 23, 1996 people into the workplace, we must embrace the employed, it also makes work more mum as she is at the minimum wage. a livable minimum wage. American workers attractive to the unemployed, encour- Even without a housing subsidy, she and families deserve no less. aging the transition from welfare to faces marginal tax rates of about 73 I strongly urge my colleagues to support the work. This is one of three keys to wel- percent. Riggs amendment and oppose the Goodling fare reform. Let us raise the minimum So, Mr. Speaker, raising the mini- amendments to eliminate minimum wage pro- wage, and in doing so we will guarantee mum wage is a cruel hoax on low- tections for millions of American workers. that many on the margins of our econ- skilled parents. First, it puts their jobs Mr. RIGGS. Mr. Speaker, I yield 21⁄2 omy will have an opportunity through in danger. If they keep their jobs, they minutes to the gentleman from Penn- hard work to share in our great boun- wind up with little or no more income, sylvania [Mr. ENGLISH], another origi- ty. but they will face higher prices for nal cosponsor of the minimum wage The SPEAKER pro tempore (Mr. many of the things they have to buy. amendment. UPTON). The Chair would note the gen- Instead of trying to score political Mr. ENGLISH of Pennsylvania. Mr. tleman from California [Mr. RIGGS] has points through Government price-fix- Speaker, I thank the gentleman for 17 minutes remaining, the gentleman ing in the labor market, we should be yielding time to me. from North Carolina [Mr. BALLENGER] working to provide economic oppor- Mr. Speaker, I rise in strong support has 381⁄4 minutes remaining, and the tunity to all low income Americans by of the Riggs-Quinn-English-Martini gentleman from Missouri [Mr. CLAY] slashing the extortionate tax rates amendment to raise the minimum has 161⁄2 minutes remaining. that are destroying their ability to im- wage. Mr. Speaker, I would like to Mr. BALLENGER. Mr. Speaker, I prove their lot. bring this debate out of the realm of would like to note for the record that Mr. CLAY. Mr. Speaker, I yield 15 the abstract and frame it in human Pennsylvania will face a loss of 27,400 seconds to the gentleman from Texas, terms. In my congressional district in jobs if the minimum wage is increased. Mr. GENE GREEN. western Pennsylvania, I have seen far Mr. Speaker, I yield 2 minutes to the Mr. GENE GREEN of Texas. Mr. too many families supported by one or gentleman from Wisconsin [Mr. PETRI]. Speaker, my good friend and colleague more members working at minimum Mr. PETRI. Mr. Speaker, the biggest from Wisconsin, who serves on the wage jobs. These hardworking folks single problem facing lower income Committee on Economic and Edu- could easily surrender and join the wel- Americans, especially those with chil- cational Opportunities, would actually see an increase of 210,000 workers who fare system, but they do not. Instead of dren, is that they face a crippling array would see a pay increase if we pass the taking tax money, they pay it. of marginal tax rates that almost com- Riggs amendment. We have single mothers who support pletely destroys their incentives to try Mr. BALLENGER. Mr. Speaker, I their kids on a minimum wage job. to earn more income. They are vir- would like to note for the record, Penn- Some of my district’s seniors add a lit- tually trapped at low incomes. That same array of taxes on addi- sylvania will lose 27,400 jobs. tle extra by taking minimum wage Mr. Speaker, I yield 4 minutes to the tional income will take away most or jobs. These are not just jobs for teen- gentleman from Arkansas [Mr. HUTCH- all of a minimum wage increase from agers and college kids. Four million INSON], a member of the committee. Americans work for the minimum the very people everyone talks about Mr. HUTCHINSON. Mr. Speaker, I wage, and 40 percent of them are their helping—that is, minimum wage earn- appreciate the gentleman yielding me family’s only wage earner. That is a lot ers supporting children. time. I have been perplexed. I have of hardworking people who need a Childless people are above the pov- asked and I have asked and I have raise. erty line if they work full time at the asked Members of the other side of the The problem facing all of these peo- current minimum wage. They are not aisle why this was not done 2 years ple is that the minimum wage now usually the folks we shed tears over ago. If they feel so passionate about it, buys less, far less than it has at any when we talk about increasing the if this is the great means by which we time in the past 40 years. That means minimum. It is family heads we are are going to help poor working people, less gas, less groceries, and less rent. It concerned about. But in virtually all why, when they held the House, when is only fair that at this time we con- cases, parents earning the minimum they held the Senate, when they held sider a raise. Remember, if the mini- wage will also receive food stamps, the the White House, they did not bring mum wage is at a 40-year low in buying earned income tax credit, child care this to the floor. power, it is at a historic low as a busi- subsidies, Medicaid, and possibly hous- Well, I think I know why, because ness expense. The reasonable wage in- ing subsidies, as well as other benefits the President at that time said that crease we offer here today is designed like school lunch, Head Start, WIC, and raising the minimum wage is the to have a minimal impact on busi- energy assistance. wrong way to help poor working peo- nesses and jobs, and a maximum im- As earnings go up, many of these ple. That is why they did not do it. pact on the working poor. benefits go down, effectively canceling They knew that this is not really going To our critics, I ask them why they out most or all of the earnings gain. to help the working poor of this coun- think a reasonable minimum wage That is the marginal tax problem, and try. The Democratic Leadership Coun- hike will cost jobs. We have seen no ill it hamstrings people all the way up the cil said the same thing, and still says effects in those 15 States that have al- scale to incomes in the high twenty the same thing, that raising the mini- ready raised their minimum wage thousands. mum wage is the wrong way to do this. rates. Pennsylvania’s neighbor, New In a forthcoming paper, Gene Steurle Joseph Stiglitz, the President’s own Jersey, appears to have suffered no ill and Linda Giannarelli of the Urban In- former chairman of the Council of Eco- effects in the fast food industry when it stitute show the combined tax effects nomic Advisers, when he was an eco- raised the minimum wage. To those on a single mother of two children in nomics professor, this is the man who who still believe we should not raise Pennsylvania, an average State, as her worked for the President, he said ‘‘only the minimum wage, I say it is our fun- earned income moves through various about 10 percent of the people in pov- damental responsibility. Remember stages from zero all the way up to 300 erty work at jobs that pay at or near several things. percent of the minimum wage. Between the minimum wage,’’ and then he said, full time minimum wage earnings and as he concluded, ‘‘the minimum wage is b 1130 150 percent of the minimum wage, she not a good way of trying to deal with The minimum wage provides vital faces a combined tax rate of 101 per- problems of poverty.’’ minimum protection for workers, espe- cent. That is, a 50-percent earnings That is why it was not done. That is cially those who lack union member- gain produces a $58 a year drop in dis- why it should not be done now. The ship or who have little negotiating posable income. If she boosts her earn- reason this is being done is because strength. Congress serves as the ulti- ings from 150 percent of the minimum there is an election in November. It is mate bargaining representative for to twice the minimum, she faces a the wrong way to help the working those workers. combined 95 percent tax rate on those poor. Let us also look, not only does in- additional earnings. She is only $175 I think Gail Robbins, and here is a creasing the minimum wage benefit per year better off at twice the mini- picture of Gail, is a good example of May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5519 why we should not raise the minimum Mr. CLAY. Mr. Speaker, I yield 15 Massachusetts will face a loss of 4,000 wage. Gail began waitressing at a seconds to the gentleman from Texas, jobs if the minimum wage is increased. truck stop when she was 15 years old to Mr. GENE GREEN. Mr. Speaker, I yield 1 minute to the escape her abusive parents. She moved Mr. GENE GREEN of Texas. Mr. gentleman from South Carolina [Mr. on to work at a Howard Johnson’s in Speaker, let me point out to my col- GRAHAM], a member of the committee. New Jersey for 47 cents an hour. She is league from Arkansas that over 50 per- Mr. GRAHAM. Mr. Speaker, I thank now 55 years old. She is working on her cent of the people over 25 will receive a the gentleman for yielding me the college degree. minimum wage increase. In fact, in the time. She and her husband own a Pizza Inn State of Arkansas 158,000 workers will Mr. Speaker, I think we are detecting franchise where she hires disadvan- see a minimum wage increase if this a pattern here. Somebody is going to taged individuals at minimum wage. bill is passed and the Riggs amendment get up and say that X amount of people Many of these people are mothers liv- is passed. lose jobs in a congressional district or ing on food stamps. Gail is adamantly Mr. RIGGS. Mr. Speaker, I yield 3 State, and somebody on the other side opposed to an increase in the minimum minutes to my good friend and col- is going to get up and say X amount of wage because she will no longer be able league, the gentleman from Massachu- people get more money. I would like to to offer minimum wage jobs to the peo- setts [Mr. BLUTE], another original co- say this. Why can the greatest Nation ple who need them most. sponsor of the minimum wage amend- in the world with very smart people ment. not increase take-home pay without It is a very poor way of really helping Mr. BLUTE. Mr. Speaker, I rise the working poor, if that is what our costing anybody their job? today in strong support of the Quinn- I have yet to have anybody come goal is, and I trust it is. Where does it Riggs-Martini-English amendment go? According to the U.S. Census Bu- down here and deny the fact that we raising the minimum wage for Ameri- are going to have between 100,000 and reau data, more than 35 percent of em- ca’s low-income workers, and also in ployees whose wages would be in- 500,000 people lose their job if we raise strong support of the Small Business the minimum wage. Using their own creased by this proposal to raise the Job Protection Act. minimum wage by 90 cents live with numbers, 37 percent of the people earn- We have an opportunity today to do ing minimum wage are under 20. One their parents. Surprisingly, maybe not something that we have never done be- surprisingly, more than 80 percent ei- gentleman said, well, 19,000 people may fore in the Federal Government, simul- lose their job, but three hundred and ther live with their parents, live alone, taneously raise the minimum wage some thousand will get a pay increase. or have a working spouse. Now listen while helping small businesses to cre- That is not a good trade-off. Go tell it to this. Only 2.8 percent of those who ate jobs, a win-win situation for the to the 19,000. If you are at a football will get an increase under this mini- American worker. mum wage proposal are single parents A minimum wage increase such as stadium this year, remember this. If it with children, only 2.8 percent. the one we proposed today can and is a 100,000-seat stadium, everybody sitting in the stadium is going to be some So I suggest to my colleagues there should help our low-wage working fam- kid without a job. is a better way. We can reform, we can ilies, and the tax and regulatory relief We are the greatest nation in the refocus and we can retarget the earned proposed by Chairman ARCHER in the world. We should be able to do better. income tax credit. We can in fact raise Ways and Means Committee can and Because President Clinton has the abil- the take home pay of those who most should create jobs in our country. As ity to flip-flop with style and grace on need it, the working poor, those on we seek, as a matter of national policy, an issue that is going to cost people minimum wage with children, and we to replace welfare with work, we can jobs, that is no reason for my party to can do it in a way that does not have make real work pay in the real world, follow along. the negative impact of a minimum allowing low-wage workers a measure Mr. CLAY. Mr. Speaker, I yield 15 wage increase. of dignity and self-sufficiency. While it is very true that a worker second to the gentleman from Texas, That 90-cent increase on the mini- Mr. GENE GREEN. mum wage, where does it go? Well, that needs a job opportunity first and foremost, and it is important that our eco- Mr. GENE GREEN of Texas. Mr. person will find that 21 cents they will Speaker, to my colleague from South lose in a reduction in their food stamp nomic policies reflect that, it is also fundamentally true that a job oppor- Carolina, South Carolina would see an eligibility. They will pay 8 cents more increase of 196,000 workers who would out of that 90 cents in FICA taxes. tunity must provide sufficient support, lest we create cross pressures and dis- see a pay increase. That is a pretty They will lose as much as 14 cents an good size football stadium. hour from their earned income tax incentives to work that ultimately will discourage the very work we seek and Mr. CLAY. Mr. Speaker, I yield 2 credit. If they happen to live in public minutes to the gentlewoman from Ha- housing, they will pay 27 cents an hour foster the welfare culture that has been an unmitigated disaster for America waii [Mrs. MINK]. more in their rent at their public hous- and for too many of our fellow citizens. Mrs. MINK of Hawaii. Mr. Speaker, I ing. That leaves them, under this sce- We know our welfare system does not thank the gentleman for yielding me nario, about 20 cents out of the 90 cents work. We know it creates victimiza- the time. that we are increasing the minimum tion, dependency, and ultimately de- Mr. Speaker, I think it is important wage. spair. The President should sign our to recognize that of the 3,660,000 work- I suggest to my colleagues that com- welfare reform plan that replaces wel- ers in the United States who work for mon sense and logic would tell us that fare with work, but we should also the minimum wage, that 63 percent of is the wrong way, if we really care today enhance those efforts by making that number are women, and 82 percent about the working poor. There are real work pay. of that number are white. We are talk- compassionate alternatives. Repub- Let us today strike a blow for hope. ing about a very large number of licans have come up with compas- We can help small businesses create job women in this country that are going sionate alternatives to show that we opportunities, lower their tax burden to be affected if we do not do the re- can help the working poor without and allow them to divert more of their sponsible thing today, and that is to costing a half million jobs among those resources to job creation rather than raise the minimum wage. who need them most. to big government. But we can also We have made work an enshrined How can we say we care about those help America’s struggling workers to ethic. As we talk about the debates on who are working minimum wage and view an honest day’s work as some- welfare reform, we have constantly then say we are going to, in a political thing far more beneficial to them and said the most important thing we can season, to gain a few political points, their families than the dead end of de- do to reform welfare is to force people rob hundreds of thousands of those who pendency and welfare. Support the to go to work. The Members who op- need those jobs most of their employ- Quinn-Riggs-Martini-English amend- pose raising the minimum wage today ment? Tell that single mom with two ment. are the very first individuals who stand children, ‘‘You lost your job because Mr. BALLENGER. Mr. Speaker, I up here and say these individuals on we wanted to score political points.’’ would like to note that the State of welfare ought to be made to go to H5520 CONGRESSIONAL RECORD — HOUSE May 23, 1996 work. Surely if Congress is going to (Mr. CAMPBELL asked and was tax base, supported by all of us, as op- force work, it should be at wages that given permission to revise and extend posed to using a penalty on those who can reasonably support the family. his remarks.) offer the job, we will help your earn- That is what welfare reform is all Mr. CAMPBELL. Mr. Speaker, we ings increase. about. have a tradeoff between losing jobs and The numbers that I have are that b 1145 increasing the earnings of those who 214,000 American workers support their still have their jobs. I think that is an families on the minimum wage. Obvi- The reformers talk about self-suffi- honest way of putting this debate. I do ously I would like that to be zero. But ciency, personal responsibility, and the not think there is any economic dis- the question is, are you prepared to ability to support your own family. If agreement that if you increase the benefit the 214,000, by costing others, we do not raise the minimum wage, minimum wage, you do actually lose estimated as more than 500,000, their these workers earn only $8,840 a year. jobs, and I do not think there is any jobs? Realize that there will not even You cannot support a family on that disagreement that for those who keep amount of money. be the 214,000 benefited after you have We have to get real. We have to un- their jobs, they will have higher in- increased the minimum wage, there derstand that the wages of these indi- come. So it is a tradeoff between the will be fewer left to benefit, because of viduals must be raised in order to earn two. those who will lose their jobs? enough to survive. Even at the $5.15 an I have been taking notes on today’s To me, the argument is very clear. hour wage, that is only $10,712 a year. debate, and I suspect that my colleague we mean to do good, but we are using It is important also to know that we from Texas will say that there are 1.3 a very dangerous means to do good. have Earned Income Tax Credit. Again, million Californians who would benefit There are better means to do good. this is because we want to honor people from an increase in the minimum I want to close by a comment to my who work by giving them a refund of wage, and I suspect my colleague from colleagues who, like myself, consider the taxes that they pay. If we raise the North Carolina would point out there the title ‘‘moderate’’ as a compliment. minimum wage, that public budget are 63,000 jobs that would be lost in Moderate Republicans particularly like cost will be reduced, obviously. So it is California if there is an increase in the to pride ourselves on saying that we do a savings on the budget, as well as the minimum wage. So assuming both not go with the knee-jerk process of right thing to do for our families. numbers are right, I just ask you, does thinking; that we try to address each Mr. BALLENGER. Mr. Speaker, I this tradeoff make good sense? Does it issue on its merits, whether it is gun yield 1 minute to the gentleman from make good sense? control, or a woman’s right to choose, California [Mr. DREIER]. If you want to increase the earnings or the environment. Please, apply your (Mr. DREIER asked and was given of those people at the bottom of the in- independent, moderate Republican permission to revise and extend his re- come level, the way to do it is by an in- thinking. marks.) crease in the earned income tax credit, And to my Blue Dog Democrat col- Mr. DREIER. Mr. Speaker, I want to which means all of us pay for it. But if leagues, apply your independent eco- congratulate my colleagues, on both you increase the earnings of the people nomic thinking, as well, to realize it is sides of this issue. I am convinced that at the bottom of the income level by wrong to cost a person a job. everyone in this House sincerely wants increasing the minimum wage, you Mr. RIGGS. Mr. Speaker, let me note to see an improvement for those who make those people who offer jobs to that the time to raise the minimum are at the lower end of the economic those most in need of them pay the wage is during the period of relatively spectrum. freight. You increase the tax on those low unemployment and inflation, as we The other night I was snuggling up whose only sin is that they have actu- are currently experiencing. on United Airlines with my U.S. News ally done something to give somebody Mr. Speaker, I yield myself 11⁄2 min- and World Report and happened to read a job. utes for the purpose of engaging in a the letters to the editor, and saw this People lose jobs with the increase in colloquy with the gentleman from Cali- very thoughtful piece from Ed Grady the minimum wage, but it is not across fornia [Mr. WAXMAN]. from St. Paul Park, MN, where he says: the board. The increase in the mini- Mr. WAXMAN. Mr. Speaker, will the The legislated minimum wage is a classic mum wage has a peculiarly deleterious gentleman yield? example of a good intention and a bad idea, the idea being that government, by simple effect on those starting out, particu- Mr. RIGGS. I yield to the gentleman decree, can increase the earning power of all larly on the young, particularly on mi- from California. marginal workers. This line of thinking runs norities. We have heard from Professor Mr. WAXMAN. Mr. Speaker, I rise in counter to the basic principles of a free soci- Joe Stiglitz, my colleague on the Stan- support of this important legislation to ety. Government edicts do not make wages ford faculty and now chairman of the increase the minimum wage. rise; they rearrange and redistribute existing Council of Economic Advisors. In his I am well aware of the likely impact wealth. Wages rise in response to the cre- textbook he pointed out, ‘‘In the Unit- of this increase on the Medicaid pro- ation of new wealth through greater productivity. Government cannot create or produce ed States, perhaps the major unem- gram, of which nursing home services anything. ployment effect of minimum wages is are the largest part of that spending. Mr. Speaker, we should in fact reject on teenagers.’’ Nursing homes employ large numbers this. We should improve the standards He is quite right. This was shown in of minimum wage workers. Since most of those at the lower end of the eco- the 1981 Congressional Minimum Wage nursing home funding is reliant on gov- nomic spectrum by decreasing the tax Commission study that pointed out ernment-set payment rates, minimum and regulatory burden imposed on the that what you have is about a 1 to 3 de- wage increases will have a direct and private sector. Let us proceed as quick- crease in employment for every 10 per- significant impact on nursing facili- ly as possible with a responsible meas- cent increase in the minimum wage. So ties. ure. if we look at this as a 21-percent in- Mr. Speaker, I am concerned there Mr. CLAY. Mr. Speaker, I yield 15 crease in the minimum wage over two will be adequate funding to maintain seconds to the gentleman from Texas years, we would see employment fall- the level of quality we fought so hard [Mr. GENE GREEN]. ing between 2 and 6 percent as a con- for. Current Medicaid law requires that Mr. GENE GREEN of Texas. Mr. servative estimate among teenagers, rates which States pay to nursing Speaker, to my colleague from Califor- among those getting their start in the homes be reasonable and adequate to nia, 1.3 million workers will see a pay job force. meet their costs and to be in conform- increase if the minimum wage is Now, what of the poor? It is essential ity with applicable State and Federal passed. The gentleman’s quote from that we show compassion, that we do laws. Certainly the Fair Labor Stand- U.S. News and World Report is straight all we can to help the poor, and it just ards Act is an applicable Federal law. out of Adam Smith, but it is more like makes no sense to tell a poor person I feel we should reaffirm for the the Addams Family. you do not have a job; but if you did, it record that current law requires States Mr. BALLENGER. Mr. Speaker, I would be at a higher wage. Does it? to adjust their nursing home reim- yield 4 minutes to the gentleman from What makes sense is to say we will bursement rates to take into account California [Mr. CAMPBELL]. keep you employed, and, through the the increased costs that nursing homes May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5521 incur in complying with the increase in credit. All government supplements consid- my colleagues in their lifetime ever the minimum wage. ered, the very least a family of four can earn turned down an increase in wages? If I would like to ask the gentleman if is almost double the minimum wage. Why offered an increase, if offered one, have he agrees with this position. aren't the Democrats acknowledging this? So my colleagues ever said no, that will Mr. RIGGS. I appreciate the gentle- when you hear Democrats say no one can af- not be good for the economy; no, that man’s concern and would like to say, ford to raise a family on minimum wage, frank- will not be good for business; no, that while the increase in the minimum ly, no one actually has to. will not be good for the American pub- wage will help in the retention of qual- If the Democrats truly want to increase fam- lic? ity care givers, it is important to me it ily earnings, if they truly want to help those Mr. Speaker, I do not think so. I not be a source of financial strain who need assistance, then I suggest that we think all of our lives we have taken which may negatively impact on the do just thatÐthat instead of passing unfunded whatever increases have come our way. ability of facilities to provide care to mandates, we better target the EITC, we re- Do not ask anything less of low wage the frail, elderly and the Medicaid pro- form welfare, and we enact legislation with in- workers in America. Let them have gram. centives that encourage job creation, not dis- this little bit of a 90-cent increase in We must work together to ensure courage it. wages. adequate funding for the States to At least we have a compromise in the Mr. BALLENGER. Mr. Speaker, I maintain nursing home standards. Goodling amendment, which offers small busi- would like to note for the record that Mr. BALLENGER. Mr. Speaker, I nesses incentives and opportunities so that California will face a loss of 63,100 jobs yield 1 minute to the gentleman from they may offer workers jobs at competitive if the minimum wage is increased. Florida [Mr. STEARNS]. prices. This, coupled with H.R. 1227 and H.R. Mr. Speaker, I yield 11⁄2 minutes to (Mr. STEARNS asked and was given 3448 will work to create jobs and help Ameri- the gentleman from Arizona [Mr. permission to revise and extend his re- cans, not hurt them like the unqualified man- KOLBE]. marks.) dated increase in the minimum wage. (Mr. KOLBE asked and was given per- Mr. STEARNS. Mr. Speaker, I am As Teddy Roosevelt once said, ``the most mission to revise and extend his re- deeply concerned with the stagnant practical kind of politics is the politics of de- marks.) wages that are making life more dif- cency.'' I urge my colleagues, do not hurt the Mr. KOBLE. Mr. Speaker, I rise ficult for so many working Americans. people that we were elected to help. Oppose today in strong opposition to this I believe that Congress should best ad- the effort to eliminate thousands of jobs, the amendment that would raise the mini- dress this problem by cutting taxes, effort to create inflation, and the effort to wors- mum wage. balancing the budget, and spurring eco- en our Nation's welfare problem. Simply put, a wage is a price—the nomic growth. Increasing the mini- Support the Goodling amendment. price of labor’s services. When we talk mum wage is an unfunded mandate on Mr. CLAY. Mr. Speaker, I yield 2 about establishing or raising the mini- American businesses, on the States and minutes to the gentlewoman from Cali- mum wage, we are talking about price the local governments. It is not the fornia [Ms. WATERS]. fixing. And we all should know what way to go. Ms. WATERS. Mr. Speaker, this price fixing leads to—a distorted mar- Mr. Speaker, this is not the right amendment being offered by the Re- ketplace. way to get the money to the people publican Member from California, Mr. So, practically speaking, what will it who need it. Already those minimum RIGGS, is a fine example of what Demo- mean? wage earners who have families are eli- crats can do when we are persistent in Economists may disagree about how gible for food stamps and the earned in- our demands for justice for workers. many jobs would be lost by raising the come tax credit. All government sup- The Republican leadership resisted and minimum wage. But they don’t dis- plements consider the very least a fam- resisted and resisted. Finally, some Re- agree that jobs will be lost. Estimates ily of four can earn is currently $7.40 publicans, such as Mr. RIGGS, who have of the job loss range from 350,000 to an hour. So the question we hear from heard from their low wage working 850,000. Whatever the number, one the Democrats when they say no one families, have been brave enough to thing is certain: the low-income group can afford to raise a family on mini- say no to NEWT GINGRICH and DICK that proponents claim this increase mum wage, frankly, my colleagues, no ARMEY. would help will surely be the ones to one actually is. Mr. Speaker, I would now like to ask lose their jobs. I would like to conclude, Mr. Speak- all of those Republicans who support I think of the kid working at my cor- er, by saying many of us have spon- this Democratic initiative to stay the ner Texaco station after school to help sored a bill by the gentleman from course, stay in this fight, and resist the pay for college. He pumps gas and Iowa [Mr. LIGHTFOOT] in which we de- Goodling amendment that will come cleans up while higher paid mechanics cided the best way to handle this issue after this vote. In particular, the Good- work on cars. But his service is mar- is let each State decide if they are ling amendment will undermine the ginal, at best. Now, he’s likely to be going to increase their minimum wage minimum wage increase and exclude laid off and the mechanics will inter- and not have it on a Federal level. some 10.5 million workers in certain rupt their work long enough to take That is the proposal we should be vot- businesses. care of other tasks. ing on. Members cannot give with one hand I think of the single mother who Mr. Speaker, I rise today to voice my con- and then take back with the other works at the tailor shop I use at home. cerns about the proposal to mandate an in- hand. Those who claim they are now in It’s a second job for her, but it helps crease in the minimum wage and to support support of the minimum wage increase pay the rent and food bills. She hasn’t the Goodling amendments. must stay this course if they are to done seamstress work for long; her pro- The Democrats have pushed and pushed have any credibility. ductivity isn’t as great as the other this political issue, and today they're finally I sincerely thank the gentleman from women who have been there for years. going to finally get what they want: increased California [Mr. RIGGS], and his allies in Will she keep her job when the owner unemployment, a multi-billion dollar mandate this effort for joining the Democrats on has to increase her wage by 25 percent? on the State and local governments, more this most important initiative to in- Probably not. welfare dependency, higher unemployment crease the minimum wage for those low Ultimately, my question on this and inflationary price increases. All in the wage earners who are so deserving of a issue is this: If 5 dollars and fifteen name of class warfare. They want to compare little bit of support from the Members cents an hour would reduce poverty, the salary of Bill Gates to that of a 18 year of Congress. wouldn’t $20 an hour eliminate it alto- old. But they forget that Bill Gates worked for Mr. Speaker, for those who ask the gether? minimum wage too and was glad to get that question why was it not done early, let Better yet, why not make everyone first job. us get rid of that rhetoric. Then was rich by making it $50 and hour? We This is not the right way to get money to then, and now is now. Let us do what know how foolish that would be. So those who need it. Already, those minimum we can do for American workers. For why do we think legislating a wage of wage earners who have families are eligible those who say why do they want it, I $5.15 an hour makes sense? We should for food stamps and the earned income tax would ask my colleagues, have any of really be looking at things like capital H5522 CONGRESSIONAL RECORD — HOUSE May 23, 1996 gains tax reductions, and reduced regu- the minimum wage. We have an oppor- but what were we being told in the lations on businesses that more surely tunity today in America, both Demo- election of 1994? What was the Contract and swiftly will increase both employ- crats and Republicans, to do something With America all about? ment and wages. meaningful for millions of working Was it not the message the people I urge my colleagues to oppose the Americans. were sending this Congress that less minimum wage increase. I think it is important to note that government is better government? b 1200 both Republicans and Democrats are Were they not saying we do not want voting for this. This is not a new prece- any more unfunded mandates? And yet Mr. RIGGS. Mr. Speaker, I yield 2 dent. My understanding is that in 1990 this is an unfunded mandate. Did they minutes to the gentleman from New they also voted together. So we are not say let us get government out of Jersey [Mr. MARTINI], an original co- united in responding to the needs of our lives? sponsor of the minimum wage amend- the American people. We need to lower taxes so that people ment and a gentleman who has worked Some who are in opposition, if we have more to spend and more to pay hard to bring this measure to the would listen to them carefully, we and so that the economy will be better. House floor. would think they are arguing for the The capital gains tax, for instance, af- Mr. MARTINI. Mr. Speaker, I thank continuation of welfare. They say if in- fects 60 percent of the people in Amer- the gentleman for yielding me time. deed we increase the minimum wage, ica. The minimum wage affects 1 per- Mr. Speaker, I rise today in support people will lose these benefits. It seems cent. Major regulatory reform would of the American worker and in strong to me that is a counterargument that reduce the cost of labor. support of raising the minimum wage. they have been advocating all the time. It is obvious what this is all about. It As an original cosponsor of the bill to We want to make work pay so that is about political election year pander- raise the minimum wage, I am pleased people are self-sustaining and not being ing. Vote ‘‘no’’ against the minimum that today we are bringing this matter dependent on the government itself. wage amendment. to the floor for a debate and a vote. Some also say, well, raising the mini- PARLIAMENTARY INQUIRY To me this is not an issue of politics, mum wage certainly is not the only Mr. CLAY. Mr. Speaker, parliamen- but rather simply an issue of fairness. way. I would agree with them, raising tary inquiry. I do not believe this should be a par- the minimum wage is not the only way The SPEAKER pro tempore. The gen- tisan issue, but it is not a coincidence of raising people out of poverty, but it tleman will state the inquiry. that this issue was raised in an elec- is one way. Mr. CLAY. Mr. Speaker, I notice that tion year; that, despite the fact that I want to suggest what my colleague, over and over the gentleman from for 2 years they, my colleagues on the the gentlewoman from California, Rep- North Carolina has been responding to other side, had every opportunity to resentative WATERS, said, and that is, speakers without seeking time. pass a minimum wage increase when ‘‘That was then and now is now.’’ Now The SPEAKER pro tempore. The they controlled both Congress and the we have an opportunity to do some- Chair would note the gentleman has White House, they did not. thing that is meaningful. We also can been docked for the time. Nevertheless, we need to stop playing add to that a combination of things, Mr. CLAY. I thank the Chair. political games and give hard working raising the minimum wage as we do the Mr. Speaker, I yield 15 seconds to the men and women a raise. Too often earned income tax credit. gentleman from Texas, Mr. GENE these individuals work long hours and My friend from California says this is GREEN, which I am sure will be docked. often take second jobs, yet they feel a debate between who will lose and who Mr. GENE GREEN of Texas. Mr. like they are running in place. If we will win. I hope for no adjustment at Speaker, I thank the ranking member really want people to move from wel- all, but in my State 300,000 people who on my committee for yielding the fare to work, as have to make work are struggling just to put food on the time. worthwhile. Americans deserve a fair table, to take care of their children, The gentleman from Colorado [Mr. wage for a hard day’s work. Raising the will know the benefit of making work HEFLEY] is honest about opposing a minimum wage will reward those able- pay because they would indeed have minimum wage, but in Colorado 145,000 bodied individuals who choose to work that as a livable wage. workers will see a pay increase if the over welfare by improving their quality Never do we want anyone to lose Riggs amendment is adopted. of life. Ultimately, that is what this their job, but adjustments are made all Mr. RIGGS. Mr. Speaker, I yield my- debate is all about. the time. All the time. Why not make self 15 seconds to point out to my very Mr. Speaker, I believe in raising the the adjustment for those who make the good friend, the gentleman from Colo- minimum wage, but I also believe we least in our economy, so that we can rado [Mr. HEFLEY], that according to a have an obligation to our small busi- say something about the American poll published in yesterday’s USA nesses, our mom and pop shops economy; that America’s economy is Today newspaper, 83 percent of the throughout America, to ease the Fed- strong enough that those who make American people support raising the eral tax and regulatory burden placed the least can have a livable wage. minimum wage; and to my Democratic on them. True, small businesses are Indeed, I know my colleague from colleagues that same poll indicates often the most vulnerable and have ex- North Carolina will say how many peo- that 83 percent of the American people tremely high rates of failure. Increas- ple will lose their jobs, but I want to support the balanced budget amending the minimum wage, coupled with tell him that thousands of people will ment and 71 percent of the American real small business relief, will ulti- increase their wages. people support a 2-year cutoff for wel- mately help Americans earn more and Mr. BALLENGER. Mr. Speaker, for fare without work. keep more of what they earn. the gentlewoman’s benefit, I want to Mr. Speaker, I yield 11⁄2 minutes to I am pleased that today we will do note that North Carolina will lose the gentlewoman from New Jersey the right thing by providing millions of about 19,100 jobs, probably from the [Mrs. ROUKEMA]. American workers a living wage and eastern part of the State. (Mrs. ROUKEMA asked and was restore some dignity to the workplace. Mrs. CLAYTON. They would also given permission to revise and extend I urge my colleagues to support the gain 300,000; 300,000 will gain. her remarks.) Quinn-Riggs-English-Martini amend- The SPEAKER pro tempore (Mr. Mrs. ROUKEMA. Mr. Speaker, I rise ment to raise the minimum wage. UPTON). The gentleman from North in strong support of the Riggs-Quinn Mr. CLAY. Mr. Speaker, I yield 2 Carolina controls the time. amendment to increase the minimum minutes to the gentlewoman from Mr. BALLENGER. Mr. Speaker, I wage by 90 cents over 2 years. North Carolina [Mrs. CLAYTON]. yield 1 minute to the gentleman from This is a commonsense proposal that Mrs. CLAYTON. Mr. Speaker, I Colorado [Mr. HEFLEY]. is long overdue. It’s been 7 years since thank the gentleman for yielding me Mr. HEFLEY. Mr. Speaker, I rise in we last raised the minimum wage, and the time. opposition to the minimum wage in- its purchasing power, adjusted for in- Mr. Speaker, I want to say that I crease. We have heard all about the flation, has sunk to its lowest level in stand in strong support for increasing conflicting numbers and the studies, 40 years. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5523 May I ask my colleagues a simple Plain and simple, the training wage will pro- Card and Krueger did a telephone question? I thought we wanted to move tect both employers and employees. Those in- study. They did not follow it up. Subse- people off welfare? Raising the mini- dividuals just entering the workforce will have quent studies have followed it up and mum wage does that by making work the training they need to successfully carry out have totally rebutted the wrong impli- more attractive than welfare—allowing their new responsibilities, and their employers cations of that study. We should not be the minimum wage to remain stuck will have workers whose contributions will en- basing our judgment on erroneous where it is provides a strong incentive hance company productivity and competitive- data. for someone to remain on welfare in- ness. Mr. RIGGS. Mr. Speaker, I yield 15 stead of joining the work force. Moreover, this training wage will help pre- seconds to the gentlewoman from New Furthermore, as documented in the vent disruptions in the workplace. This provi- Jersey [Mrs. ROUKEMA]. often-mentioned Card/Krueger Prince- sion puts to rest the red herring, namely that Mrs. ROUKEMA. Mr. Speaker, I want ton study on New Jersey’s increase in fewer low-skilled workers will be hired while to point out that there are 20 other the minimum wage to $5.05, none of the current employees are laid-off. studies, at least, by eminent econo- dire predictions of either job loss or job Fortunately, there will be two separate mists that substantiate the Princeton flight ever came to pass—so much for votes, one on the small business exemption study. the proverbial ‘‘chicken littles’’ of New and one on the remaining Goodling package. Mr. BALLENGER. Mr. Speaker, I Jersey who predicted the economic The small business exemption, if adopted, yield 1 minute to the gentleman from equivalent of ‘‘sky will fall’’ if we will be a poison pill and effectively kill the min- Michigan [Mr. KNOLLENBERG], a mem- raised our minimum wage! It didn’t. imum wage bill. In my opinion, the small busi- ber of the committee. There was no job loss! ness exemption completely nullifies the in- Mr. KNOLLENBERG. Mr. Speaker, With our State’s experience still crease in the minimum wage. It will create a we know this is not really about help- fresh in my mind, I simply do not be- huge loophole so that millions of American ing working families. If increasing the lieve that the national economy will be workers will not receive a higher minimum minimum wage was such a great idea, stifled by the modest minimum wage wage. Limited data shows that close to 11 mil- why did we not do this back in 1993? I increase proposed by our colleagues, lion workers are employed by business, that guess the leadership at that time did Mr. RIGGS and Mr. QUINN. would be covered by this exemption. So, it is not think it was important when they Professors Card and Kerueger are quite clear that a significant number of mini- were too busy raising taxes on seniors, highly respected empirical economists, mum wage workers will not be entitled to the on businesses. and opponents of raising the minimum increase being proposed. In fact, let me share with my col- wage should refrain from impugning And, while I have stated my strong support leagues the President’s words in those their credentials. for the training wage, I cannot support it when days. I know this does not mean much Why’s that? Because roughly 20 other attached to the tip credit and computer profes- to some, but, in fact, he said then, on economic studies by numerous other sional provisions. Regardless of how much February 6, 1993, ‘‘The minimum wage economists have all reached the same is the wrong way to raise incomes of conclusion as professors Card and money someone is making, if his required pay low-wage earners.’’ Krueger: namely, raising the minimum is determined based on the current minimum If my friends think 90 cents per hour wage does not have a significantly neg- wage, then it should be based on the current is going to save working families, they ative impact on job growth. minimum wage. The law says that the wage But more important than even which has to be adjusted, and it should be! are only looking at half the story. economic study supports this claim or I want to endorse those provisions of H.R. What we need to provide, of course, is that one, I urge my colleagues to re- 3448, the small business tax incentive pack- tax relief to our families, not 90 cents member that 40 percent of all mini- age, which will be merged with the Portal-to- an hour. mum wage workers are the sole wage Portal bill after House passage and sent to the Let me just add that for every one earned in their household. Senate. person this helps, it is going to hurt These people are working harder and There are several very important tax incen- many more; many more in jobs lost by harder, and falling further behind each tives for small businesses contained within first-time, inexperienced workers year as the purchasing power of their H.R. 3448Ðincreased expensing for investing which will increase costs and burdens minimum wage continues to decline. in new plant and equipment; pension sim- for our small businesses and finally These people need our help, and they plification proposals; and an expanded tip higher prices to consumers. need it now. credit for certain food service employees; are If we want to help our working fami- Two-thirds of the teenagers earning the min- important components of the save and invest lies, increase their income and get the imum wage live in households with below-av- in America agenda I have been advocating for Government out of their wallets. A erage incomeÐplease don't lose sight of the years. minimum wage increase may be well human aspect to the debate over increasing Enacting a save and invest in America intended, but it is wrong-headed. It is a the minimum wage. agenda is essential if the Congress and Presi- recipe for losing jobs and opportunities I would also like to express my support for dent are to provide enough economic growth and increasing unemployment. Vote the underlying legislation which amends the to create good jobs and good wages. Those ‘‘no’’ on the minimum wage. Portal to Portal Act to clarify when an em- provisions in H.R. 3448 represent a small, first Mr. CLAY. Mr. Speaker, I yield 15 ployer is obligated to compensate an em- step in this direction! seconds to the gentleman from Texas, ployee for using an employer-owned vehicle to But, I am standing here to support the Mr. GENE GREEN. travel both to and from work. Riggs-Quinn amendment to increase the mini- Mr. GENE GREEN of Texas. Mr. As a member of the Economic and Edu- mum wage, and would urge my colleagues to Speaker, in the State of Michigan, cational Opportunities Committee which re- do the same. 420,000 workers would see an increase ported out this legislation by voice vote, I want Mr. BALLENGER. Mr. Speaker, I in the minimum wage. to commend both Subcommittee Chairman yield 30 seconds to the gentleman from And I would say to my colleague who FAWELL and Chairman GOODLING for recogniz- California [Mr. CAMPBELL]. just spoke, he knows that in 1993 and ing the need for a clarification to the current Mr. CAMPBELL. Mr. Speaker, the 1994 we were working on health care statute. I strongly support the provision estab- Card and Krueger study is inaccurate and not a minimum wage to try to pro- lishing an opportunity wage, really a training and unreliable. It has just been ref- vide for raising the standard of living, wage. erenced, and we have to set the record and that is why minimum wage was This training wage, as it was called back in straight. Nobel prize winning econo- not increased in 1993 and 1994. 1989, is vital to employers, and particularly mist Gary Becker, on the Card and Mr. CLAY. Mr. Speaker, I yield such small businesses, who would otherwise strug- Krueger New Jersey study, concluded time as he may consume to the gen- gle to meet the minimum wage increase. that: ‘‘The Card-Krueger studies are tleman from Illinois [Mr. POSHARD]. Unfortunately, as many of my colleagues flawed and cannot justify going against (Mr. POSHARD asked and was given know, the extremely burdensome reporting re- the accumulated evidence from many permission to revise and extend his requirements of the 1989 training wage led vir- past and present studies that find siz- marks.) tually no employers to utilize it, rendering its able negative effects of higher mini- Mr. POSHARD. Mr. Speaker, I rise in strong application useless. mums [wages] on employment.’’ support of the Riggs amendment to increase H5524 CONGRESSIONAL RECORD — HOUSE May 23, 1996 the minimum wage and against the Goodling Federal Government, give us more freedom over dependency and vote for amendment which would gut our efforts to money to build prisons. work over welfare. help working families. We have a better idea before us Mr. BALLENGER. Mr. Speaker, I There are perhaps many areas of this Na- today, and that is to pay workers a yield 5 minutes and 30 seconds to the tion where the transition from a blue-collar to more livable wage. Empower the fam- gentleman from New Jersey [Mr. a high-technology work force has been ac- ily unit to sustain and to provide for SAXTON], who is vice chairman of the complished fairly easily. But I represent parts itself when a member of that family Joint Economic Committee. of central and southern Illinois where the loss goes out and puts in 40 hours worth of Mr. SAXTON. Mr. Speaker, I would of jobs in manufacturing and the coal mines work each week. like to just say to my colleagues that has been hard on our people. Good-paying It was Henry Ford, that capitalist, the last time we had a vote on the min- jobs which could sustain a family of four have who understood he had to pay his imum wage, which was 5 years ago, I evaporated right before our eyes, and we are workers enough money so that they voted to increase the minimum wage. I still working to diversify our economy and pro- could buy the cars that he was making thought I was doing the right thing, vide the new jobs which will replace those that in order for this great country to work. and it sure made me feel good. In the have been lost. But for the time being, when Mr. RIGGS. Mr. Speaker, may I in- intervening years, as I became vice you leave a job in the mines and try to support quire how much time the floor man- chairman of the Joint Economic Com- your job on the current minimum wage, you agers have remaining? mittee and began to pursue a variety of just can't make ends meet. The SPEAKER pro tempore. The gen- subjects that had to do with our econ- If we want people to work, if we want to tleman from California [Mr. RIGGS] has omy and the welfare of our workers, I move people from welfare into the work force, 91⁄4 minutes remaining; the gentleman have came across information which I if we want families to stay together and more from North Carolina [Mr. BALLENGER] would like to share with my colleagues closely resemble the collective unit which we has 201⁄2 minutes remaining; and the today because today I am not going to remember from our childhoods, then we have gentleman from Missouri [Mr. CLAY] vote in support of the minimum wage to provide jobs upon which they can sustain has 8 minutes remaining. as I did 5 years ago; I think for good their families. This modest increase in the min- b 1215 reason. imum wage will help their purchasing power For example, early in my tenure as and increase their staying power in the job Mr. RIGGS. Mr. Speaker, I yield 2 vice chair, I came across a study that market. minutes to the gentleman from Massa- was done in 1983 by the Joint Economic Let me be clearÐin my district we are chusetts [Mr. TORKILDSEN]. Committee. There as referenced in this blessed to have some of the most progressive Mr. TORKILDSEN. Mr. Speaker, I Wall Street Journal article which was and profitable companies in the world and a thank the gentleman for yielding time. published in April of this year, an arti- vibrant small business community providing I rise in strong support of this mod- cle written by Bruce Bartlett, a re- good jobs with good paychecks and benefits. est increase in the minimum wage and nowned economist, and let me quote We are thankful for those jobs, and are trying for the Small Business Protection Act one line from this article. It says: ‘‘A to do everything we can to create more of which passed last night. I am proud to survey of earlier studies by the General them. And we are thankful for the minimum be an original cosponsor of the Quinn Accounting Office in 1983, for example, wage jobs which provide people access to the bill, Republican legislation that would found virtually total agreement that work force, a chance to save money for col- go beyond President Clinton’s and the employment is lower than it would lege, or a second job to stretch the family minority party’s election year two- have been if no minimum wage ex- budget. And where necessary, we need these step. I applaud the gentlemen from isted.’’ jobs for people who are the primary source of California, from New York, from New Mr. Speaker, this is important. It support for their families. Jersey and Pennsylvania for their ef- was important to me as I began to look But the purchasing power of the minimum forts to bring this amendment to the at why we should or should not support wage has been stunted by inflation and the floor. a mandated increase in the minimum rising cost of living, and it's time to help folks Like millions of Americans, I have wage. In the meantime, our committee working at the minimum wage recover their held several minimum wage jobs. As put this study together. It finds no, ability to make a living. When we raise the one of 10 children, I would not have zero, zilch, no credible evidence, not minimum wage, we help people support their been able to afford to attend UMass one credible piece of evidence that in- families, we help them take part in the local Amherst without working at McDon- creasing the minimum wage is a bene- economy with the ability to buy goods and ald’s and department stores like fit to the working people of this coun- services, and we give them an incentive to Lechmere and Filene’s. But the mini- try. Not one single study. work. mum wage is much more important to The Card-Krueger study has been ref- Support this increase in the minimum wage families trying to put food on the table erenced here on a number of occasions. on behalf of the working families of this Na- and a roof over their heads. Let me share with my colleagues that tion. Over half of the minimum wage after having hearings on the Card- Mr. CLAY. Mr. Speaker, I yield 1 workers are women, many are their Krueger study, after consideration of minute to the gentleman from Penn- family’s only wage earner and must their results and after looking at stud- sylvania [Mr. KLINK]. work one minimum wage job just to ies that were done pursuant to it, it Mr. KLINK. Mr. Speaker, I thank the make ends meet. For them, a 90-cent was a telephone survey, folks. They gentleman for yielding me this time. increase will mean an additional $1,800 called on the telephone to fast food res- The bottom line is that $170 gross per per year, $1,800 more for groceries, taurants, and they said to whoever an- week is not enough money for anyone clothing and rent. swered the telephone: How many part- to live on. And when we have a mini- We must replace the failed welfare time and full-time workers do you mum wage that is, in fact, at a 40-year, system in this country. Real incentives have? And the responses were quite as- all-time low, it is a point of fact that to work must exist for people to free tonishing. economically it holds down all wages themselves from welfare and support As a matter of fact, on one occasion across this country. It lowers the qual- their children. Keeping the minimum the results point out that the answer ity of life for working people all across wage current with inflation as the was, we have 35 employees. On a follow- this Nation and it hurts business be- Riggs-Quinn-English-Martini amend- up telephone call, which they also re- cause these people cannot be the con- ment does will help. corded, the response from the same res- sumers that they want to be. Mr. Speaker, raising the minimum taurant was, just a few months later: When wages fall, buying power drops, wage provides a reasonable floor for We have 35 full-time employees and 30 and all these Adam Smith economists struggling Americans already working part-time employees. Their employ- would then come to use and say, well, at the minimum wage and those seek- ment had doubled. Everyone knows we have social problems now. So Fed- ing to break free from the trap of wel- that that did not happen. eral Government, give us money for fare to join the work force. So as we looked at the Card-Krueger more police officers; Federal Govern- I urge my colleagues to vote for op- study, we became convinced, particu- ment, give us more money for courts; portunity over stagnation. Vote for larly pursuant to a followup study that May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5525 was done by economists Neumark and It is a fact that the last time that the wage we require. I think it is a bad Wascher from Michigan State Univer- this Congress voted to raise the mini- idea. I think it is a shame we are doing sity, hat this study simply is not credi- mum wage was 1989. It is a fact that this. ble. And as I point to these issues, I the last time we had an increase in the We will be telling teenagers that they cannot would like to quote the President from minimum wage was 1991. It is a fact get work experience unless the Government his 1995 State of the Union Address. He that 63 percent of the people earning approves of their wage. said: I believe the weight of the evi- minimum wage are adults 20 or older. In effect, Government is saying that people dence, the weight of the evidence, he It is a fact that the present $4.25 mini- are too stupid to know what their minimal said, is that a modest increase does not mum wage is at an historic 40-year low wage requirements are. cost jobs. in terms of purchasing power. My constituents want the Federal Govern- We have proven that is not true. Over What does an increase in the mini- ment to stop trying to run their lives. Raising the years, over the last 50 years there mum wage do, the previous speaker the minimum wage is Government meddling in have been more than 100 studies that said. It does not do anything for any- their lives which could cost them their job. Mr. CLAY. Mr. Speaker, I yield 1 have concluded unanimously, unani- one. Well, an increase in the minimum minute to the gentleman from Wiscon- mously that mandating an increase in wage would add $1,800 to a wage earn- sin [Mr. KLECZKA]. the minimum wage puts people out of er’s income. That is significant. Mr. KLECZKA. Mr. Speaker, we have work. I urge support of the Quinn-Riggs heard a lot about studies today. Let me Let me tell my colleagues about amendment. give my colleagues the benefit of my these studies. Beginning in 1957 and Mr. BALLENGER. Mr. Speaker, I own study. Years past, I owned a small ending in 1993, there were five studies; yield 2 minutes to the gentleman from business. We employed up to eight peo- all concluded that the minimum wage Michigan [Mr. SMITH]. ple. They all received the minimum reduces employment. Beginning in 1973 Mr. SMITH of Michigan. Mr. Speak- wage. Those who were with us longer and ending in 1992, there were 14 stud- er, I called Joseph Stiglitz over at the received much more. We paid the So- ies that concluded the minimum wage White House the other night. Mr. cial Security tax, unemployment in- reduces employment among teenagers Stiglitz is chairman of the Council of surance, the workmen’s compensation. more than it reduces employment Economic Advisers for the President. I At the end of the day, we still made a among adults. called him because I was reading his profit, in fact paid off the business in Beginning in 1971 and ending in 1980, textbook where he said, there is danger record time. there were seven studies that were in increasing the minimum wage. That So, all the woes we are hearing done that concluded that the minimum textbook that he published a couple today, I know from personal experi- wage reduces employment among black years earlier, it said wherever there is ence, are not necessarily true. My Re- teenage males. There were two studies a group of people demographically or publican friends and their inconsist- that were done in the meantime that wherever there are parts of the country ency boggles my mind. On one hand we concluded that the minimum wage in particular distress, whenever the are told, if we increase the minimum hurts blacks generally. There were minimum wage is above the equi- wage, poor people in the country are three studies that concluded that the librium wage, there is going to be un- going to lose food stamps, they are minimum wage hurts low-wage earn- employment. going to lose earned income tax credit. ers. There were five studies that were Mr. Speaker, so I asked him: Do you On the other hand, these same Repub- done that concluded that the minimum not, do you still agree with that con- licans are for cutting food stamps. Last wage reduces employment in low-wage cept? He said: Well, we talked about year they tried to take $20 billion out industries such as retailing. There were how much unemployment would result, of earned income tax credit. So to the three studies that were done that con- and we concluded that the unemploy- poor I say: You just cannot win for los- cluded that the minimum wage hurts ment that is going to result from the ing with the Republicans. It is amaz- low-wage regions such as the South minimum wage increase is not going to ing. and in rural areas. be that significant. The fact is that he Last, let me encourage my friends There were six studies that were done agrees, everybody agrees that it causes like the gentleman from California that concluded that the minimum wage unemployment. [Mr. RIGGS], the author of the amend- does little to reduce poverty. There We seem to be on a trend of saying, ment, when it comes time for the were five studies, four studies that since 82 percent of the people think Goodling amendments, I ask you to were done that concluded that the min- wages should be higher, let us have join me in opposing them. We can see imum wage has reduced employment in Government do it. Do we really think ourselves this afternoon raising the foreign countries as well as here. that Government control can deter- minimum wage on one hand and talk- We found not one credible piece of mine markets, can determine producing it away with two amendments on evidence, we found not one credible tivity, can ultimately determine the the other hand. piece of evidence anywhere, from aca- wages of people? I think the answer is The SPEAKER pro tempore. The gen- demia, from the world of economics no. tleman from North Carolina [Mr. that concludes that increasing the Mr. Speaker, George Washington BALLENGER], who is representing the minimum wage helps anyone. That is asked the question, and I quote: ‘‘If to committee position, has the right to why the gentleman from North Caro- please the people, we offer what we close. Mr. CLAY. Mr. Speaker, I yield 2 lina is correct on each occasion that he ourselves disapprove, how can we after- minutes to the gentlewoman from has stood up and said, in your State, wards defend our work?’’ I wish he were here today to save Congress from doing Florida [Mrs. MEEK]. this bill will cost x number of jobs. He (Mrs. MEEK of Florida asked and was what really most of us know is wrong: is absolutely correct. The empirical given permission to revise and extend telling our citizens that they cannot evidence is unanimous, not question- her remarks.) able, unanimous in support of the gen- work unless the Government approves Mrs. MEEK of Florida. Mr. Speaker, I tleman’s position. the salary they make. strongly support increasing the mini- Mr. RIGGS. Mr. Speaker, I yield 1 If the question to the American peo- mum wage. I have many reasons for minute to the gentleman from New ple were put such, do you believe that doing so. I do not need to go into them York [Mr. BOEHLERT]. Government should make it illegal for all. But some Members of the majority (Mr. BOEHLERT asked and was given you to work unless you receive $5.15 an Republican Party are opposing the permission to revise and extend his re- hour, do you think that is a good idea minimum wage because they say that, marks.) for that kind of Government intrusion if you reform the earned income tax Mr. BOEHLERT. Mr. Speaker, rais- or not, I think most of the people credit, it is a better way to help the ing the minimum wage appeals to peo- would say, keep Government out of our working poor. ple’s sense of fairness because it is the lives. right and the equitable and the timely We are telling seniors that want to b 1230 thing to do. Let me share some facts work in a nursing home overnight they I say to my colleagues that that is that lead to that conclusion. cannot do it anymore unless they get not true. They seem to have forgotten H5526 CONGRESSIONAL RECORD — HOUSE May 23, 1996 that last week they voted for a budget we did what the gentleman from New look past politics and had the courage resolution which cuts the EITC by $20 Jersey [Mr. SAXTON] did and raised it to bring real change to this floor, real billion. Last week they also asked for a $20, of course we would increase prices change in this Government to try to $20 billion increase on almost 7 million and cause large unemployment. But help all Americans. hard-working Americans, and those are when we do what we did in 1989 and Now, I know today’s debate on this the people who will have higher taxes raise the minimum wage 45 cents, and minimum wage is a serious debate. It is under the Republican budget, which again a year later 45 cents, unemploy- a debate that is certainly strongly felt they have already passed. ment went down, maybe it would have by people on both sides of this issue. If my colleagues will notice, 2.7 mil- gone down even more, prices were basi- But I would suggest to all of my col- lion of our hard-working people, these cally stabilized. It was a modest in- leagues here that everyone in this Con- are people who get up early in the crease. gress wants to help low-wage workers. morning and go to bed late at night; We are at an all-time low in 40 years. We all want every American’s boat to from zero to $10,000 a year, that is all The minimum wage in 1968, if it had be lifted, but especially those at the they make. Look at the cut on these been indexed for inflation, would be bottom of the economic ladder, we all people, and the 1.8 million who make $7.08 today. We are not asking it to be sincerely believe and want to do what from $10,000 to $20,000 a year, 1.8 mil- $7.08. We are asking that over a period we can to help them. But the question lion of those will be affected by this of 18 months it will be increased by 90 is how. cut, 1.9 million of them in the $20,000 or cents. The proponents today bring a govern- $30,000 a year will be hurt. I just have to say that I am proud of ment-mandated minimum wage to the If my colleagues notice the chart, the my Republicans, I appreciate the floor. What this is going to do, in my higher one’s pay scale is, the less they Democrats for pushing this issue. The view, is going to hurt the very people will be affected by the EITC. Mr. bottom line is we have the best of both we are trying to help. It is going to Speaker, that is not fair. worlds. We have an economic engine, hurt small businesses that are the en- Second, do not let anyone say that we have the Small Business Protection gine of new job growth in America, and minimum wage will not help the aver- Act, we have $7.5 billion in this bill for I have to ask myself why would we age worker. Even with the $500 child tax writeoffs for small business, for want to do that when there is another tax credit which the Republicans have expensing, for targeted tax credits, to way to help low-wage workers, and placed in the budget, it is not going to hire the least employable, the ones who that other way is to help the private get them out of this malaise here be- are on welfare. This is a better bill sector, help them in a strong growing cause even at that they are going to than just standing alone on the mini- economy so that they can provide more have to pay at least $29 more per year mum wage. I salute both sides in this jobs and better wages for the American than they were paying now. debate. people because in the end low-wage My premise to my colleagues is that Let us vote this out. Let us increase workers will be much better off by al- please do not try to balance out their the minimum wage. lowing the private sector to do this dislike of the minimum wage by say- Mr. BALLENGER. Mr. Speaker, I rather than more government man- ing, ‘‘Let’s correct it with the earned yield 1 minute to the gentleman from dates, more government regulations. income tax credit.’’ The people need California [Mr. CAMPBELL]. Now, Republicans over those last 16 both the minimum wage and the (Mr. CAMPBELL asked and was months, we have tried to do this, and earned income tax. given permission to revise and extend we have passed a $500 per child tax This is a picture of people working his remarks.) credit to help all workers in America. hard. Let us not try to hurt them. Mr. CAMPBELL. Mr. Speaker, I ap- Unfortunately, it was vetoed by the Mr. RIGGS. Mr. Speaker, I yield 21⁄2 preciate my colleague giving me just a President. We have passed a balanced minutes to the gentleman from Con- brief moment to respond. budget plan in the House and Senate, necticut [Mr. SHAYS], one of the lead- We ought to recognize the tradeoff and it was also vetoed, that would help ing proponents of the minimum wage. and put some numbers on it. I think all all workers, especially low-wage work- Mr. SHAYS. Mr. Speaker, I thank my reasonable commentators have said, ers who are hit with high interest pay- colleagues for yielding this time to me. ‘‘You lose jobs if you increase the mini- ments on their car loans, their mort- In Psalms we read, ‘‘I would have mum wage, but if you’re lucky enough gages, if they have them. We could fainted unless I believed to see the still to have a job, you will do better.’’ really help. A capital gains tax reduc- goodness of the Lord in the land of the What are the numbers? The Bureau tion; yes, capital gains tax rate reduc- living.’’ This is an excellent debate, of Labor Statistics tells us that 214,000 tion that would help the economy and we are having the opportunity on wage earners support families on a grow, help small businesses invest both sides of the aisle and within both minimum wage, which is less than 2 more in their business, more in equip- parties to debate this issue and speak tenths of 1 percent of all wage earners. ment, and guess what would happen? from our hearts. From my heart I be- So the number that we keep hearing, We would have more jobs and we would lieve in the Riggs-Quinn-English-Mar- the 4.7 million who make the minimum have higher wages for low-wage work- tini amendment to increase the mini- wage, is not right. It is rather how ers. mum wage 50 cents in July and again many are supporting families on it. Now, over the last couple of days my 40 cents a year later. In my heart I be- Less than 2 tenths of 1 percent bene- friends on the other side of the aisle lieve that we have got to have a mini- fited. And how many would lose jobs? have had a lot of fun using a quote that mum base for a worker so they are not The best estimates that we have seen was attributed to me that said I would exploited. In my heart I believe this is are between 500,000 and 700,000. commit suicide before I would vote to the right thing to do. And so here is the tradeoff. Do we for artificially raise the minimum wage. Now, the debate we have, this is his- the political opportunity of this mo- Now, why would I make such a quote? toric because two-thirds of Congress ment sacrifice the employment of half Well, I would like to tell all of my col- wants to increase the minimum wage, a million in order to increase earnings leagues I grew up in Cincinnati with 11 but two-thirds of the majority party for the 214,000? I say ‘‘no.’’ brothers and sisters. I have had about does not. What a credit to the majority Mr. BALLENGER. Mr. Speaker, I every low-wage, sub-minimum wage party that they have brought out a fair yield 4 minutes to the gentleman from job there is, and it was those jobs that bill, and I just have nothing but admi- Ohio [Mr. BOEHNER]. were available that allowed me to ration from my leadership on both Mr. BOEHNER. Mr. Speaker, as I said learn the skills, allowed me the oppor- sides of the aisle that they have offered earlier in this debate, over the last 16 tunity to learn how to get along in life, this kind of debate. months the Republicans in Congress and yes, also taught me that maybe I Now, there is a tradeoff. My col- have had the courage to come to the ought to go back to school to improve league from California is right. When floor of the House today and every day myself if I were going to improve my we increase the minimum wage, we af- over those 16 months to do what we lot in life. And, yes, it was because fect jobs and we affect prices. The issue thought was right for the American those low-wage jobs were there that, is how significant is that increase? If people. We have had the courage to quite frankly, I am here today. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5527 I am a product of the private sector. a degree, she was unable to work 8 straight passionate about the competition that I started a small business and spend 15 hours a day and go to classes and take care American workers have to have every years building it before I came here. of a child. Not only that, but many employers day against illegal immigration, un- Fortunately, I did not have to pay any will not hire a minimum-wage earner for 40 controlled immigration that the old of my workers the minimum wage. I hours a week to keep from having to pay ben- Congress not only allowed but prac- was successful enough to be able to pay efits. She is a prime example of a minimum tically mandated and encouraged, and I them a good wage, but it was because wage earner bringing home $8,840 a year. just ask my colleagues to be as com- we had a successful company. With a monthly income of less than $700 after passionate about the entry-level jobs, But a lot of small businesses do not taxes, she was in the red every pay period Americans who are waiting for good have that, and on behalf of myself and and forced to rely on food stamps and Medic- jobs, I wish they would care as much my 11 brothers and sisters who had op- aid to get by. about the causes for driving down the portunities in America because these Expenditures taken from that $700 a month: fair market value of labor in this coun- jobs were here, I from the bottom of rent, $225.00; utilities, $60.00; child care, try that they have allowed along with my soul believe that we can help low- $300.00; telephone, $29.00; incidentals some Members on this side to be able wage workers by providing and expand- (toiletries, diapers, household items, etc.), to do this. ing the economy and help all workers. $50.00; transportation, $30.00. So this is a gesture of saying we have Let us do the right thing today and Total remaining: $6.00 not only not done the right thing, we veto and vote ‘‘no’’ on this artificial Mr. CLAY. Mr. Speaker, I yield 1 have consciously caused the fair mar- minimum wage increase. minute to the gentleman from Ver- ket value of labor in this country to be Mr. CLAY. Mr. Speaker, I yield such mont [Mr. SANDERS]. depressed by cheap illegal imported time as he may consume to the gen- Mr. SANDERS. Mr. Speaker, the labor, and I ask both parties now that tleman from Louisiana [Mr. FIELDS]. great crisis facing this country today say they care about the economy let us (Mr. FIELDS of Louisiana asked and is the decline in real wages for Amer- take care of that problem, Mr. Speak- was given permission to revise and ex- ican workers and the proliferation of er. tend his remarks.) low-wage jobs. We have millions and Mr. CLAY. Mr. Speaker, I yield 2 Mr. FIELDS of Louisiana. Mr. Speaker, I rise millions of workers today who are try- minutes to the gentleman from New in full support of raising the minimum wage. It ing to survive on $4.25 an hour, $5 an Jersey [Mr. ANDREWS]. has been over 5 years since working Ameri- hour. They are not making it. Raising (Mr. ANDREWS of New Jersey asked cans have had a raise. Since April of 1991, the minimum wage is long overdue, and was given permission to revise and the minimum wage has been fixed at $4.25. If and we must do it today. extend his remarks.) left unchanged, the minimum wage will be at The situation is so bad and the Fed- b 1245 its lowest in more than 40 years in real infla- eral Government has so much failed to Mr. ANDREWS of New Jersey. Mr. tion-adjusted terms. Nearly three-fourths of the stand up to its responsibility that 10 Speaker, I thank my friend for yielding workers affected by the increase are adults States in this country on their own, in- me the time. over the age of 20. Between 1981±88, Presi- cluding the State of Vermont, have Mr. Speaker, to understand this de- dent Reagan adamantly opposed an increase raised the minimum wage. Now, if the bate today and what has happened in in the Federal minimum wage, the longest pe- minimum wage is so bad, tell the Re- this Congress in the last 18 months, we riod of time for it to remain stagnant. It lost 25 publican Governor of New Jersey, who have to consider the case of an individ- percent of its purchasing power during that supports their increase in the mini- ual who owns a building, and that time. The purchasing power has dropped 15% mum wage, to roll it back. She will not woman who cleans his building at since the last increase in 1991. Adjusted for do it because she knows, as every other night and is working for minimum inflation, that is nearly 50 cents. The average Governor knows, that it is vital to wage. Here is what we have done for minimum wage worker must work 31¤2 days raise the minimum wage today. those two people or to those two people more in order to pay rent than in 1981, now Lastly, it is incomprehensible to me in the last 18 months. totalling 17 days. that I am hearing people talk about For the person who owns the building The average minimum wage worker has to abolishing the minimum wage. They we have said, if you have a pension work more than full time, 15 hours more, to really want to see workers in America plan and you have what you consider to stay out of poverty. Forty percent of minimum earning a dollar an hour, $2 an hour, be surplus income in the plan, you can wage earners are sole breadwinners. Mini- competing against the workers in keep it and spend it on yourself. We mum wage workers' earnings account for al- China who make 20 cents an hour. That have said that when you sell the build- most half, 45 percent, of a families total earn- is not the future of America. ing, we will give you a tax break or a ings. The Department of Health and Human Mr. RIGGS. Mr. Speaker, I yield my- tax reduction on your profit when you Services estimates that the minimum wage in- self 30 seconds to point out to the gen- sell the building, and if you choose to crease could lift 300,000 families out of pov- tleman from Vermont [Mr. SANDERS] move out of the country, renounce erty, including 100,000 children living in pov- and my very good friend, fellow Gang your citizenship, and no longer be an erty. of 7 member, the gentleman from Ohio American for the purposes of evading At $4.25 an hour, a full-time employee work- [Mr. BOEHNER], that the legislation taxes, we will let you do it. That is the ing 40 hours a week, 52 weeks a year earns which passed yesterday on an over- policy we are following here. $8,840. Fifty-nine percent of all minimum whelmingly bipartisan measure, I On the other hand, when the woman wage workers are women. Many of these think it had actually or more than 300 who cleans the building at night tries women are single parents. Ten million Ameri- votes for final passage, will provide tax to get a 90-cent increase per hour in cans working for minimum wage would take incentives to entrepreneurs to start her wages, that is a great risk to the home another $1,800.00 a year if a 90-cent in- and to grow a business. And that com- American economy and a great diver- crease were enacted. bined with the minimum wage is good sion of public policy that makes no This 90 cent increase could enable a single policy for America. sense. mother to pay: for 7 months of groceries, rent Mr. Speaker, I yield 1 minute to the What makes no sense is that we are or mortgage payments for 4 months, a full gentleman from California [Mr. even having a serious question about year of health coverage, 9 months worth of BILBRAY]. this. The people who sweep our floors, utilities, and more than a full year's tuition at Mr. BILBRAY. Mr. Speaker, I sup- cook our meals, and work in the child a 2-year college. port the motion and the amendment. I care centers in this country need a In Louisiana, 313,605 workers, 20 percent support it not because it is going to raise. They have earned it, they de- of the total work force, are minimum wage change the world, but it is a gesture by serve it. earners. this Congress to the fact that this Con- Mr. Speaker, I support the increase Before working for me, one of my own em- gress has done things that have been in the minimum wage. I oppose the ployees, a divorced mother, with no support counterproductive to the working amendment that will follow this, which from her child's father, had to work three part- class, and I wish my colleagues on this will eviscerate and defeat the increase time jobs to keep her head above water. Be- side of the aisle that say they care in the minimum wage. I would urge my cause she was also in college trying to obtain about the entry-level jobs were as com- colleagues to vote for the amendment H5528 CONGRESSIONAL RECORD — HOUSE May 23, 1996 of the gentleman from California [Mr. Mr. RIGGS. Mr. Speaker, this has to find the job; because as we raise the RIGGS] and against the amendment of- been, I think, an enlightening and con- price of unskilled work, we provide a fered by the gentleman from Penn- structive debate. I want to point out greater incentive to substitute other sylvania [Mr. GOODLING]. that I expect the vote that will occur ways of achieving the task without the Mr. CLAY. Mr. Speaker, I yield the on this floor will be very much a bipar- employment: Golf carts instead of cad- balance of my time to the gentleman tisan vote. About an hour ago we had a dies, dishwashing machines instead of from Montana [Mr. WILLIAMS]. procedural vote, with 76 Republicans dish washers; any number of events we The SPEAKER pro tempore (Mr. joining 190 Democrats to support that have seen in the past. WALKER). The gentleman from Mon- motion, so I anticipate the vote for the The facts are clear, Mr. Speaker. tana [Mr. WILLIAMS] is recognized for minimum wage will also be equally bi- Study after study after study dem- 21⁄2 minutes. partisan. onstrates that we have these perverse Mr. WILLIAMS. Mr. Speaker, I thank In the spirit of bipartisanship, I want employment effects where that entry- the gentleman for yielding time to me. to remind my Democrat colleagues level job for the most needy worker in Mr. Speaker, let met begin a moment again of yesterday’s USA Today Gallop America just goes away. It is docu- of nonpartisanship by recognizing the poll indicating that 83 percent of the mented. There is no doubt about that. small band of our Republican col- American people support the balanced It is the standard treatment of this leagues who have abandoned the posi- budget amendment and 83 percent of subject in every econimc principles tion of their party and support the the American people support raising textbook in America, including the 1993 minimum wage. I commend them, be- the minimum wage. Seventy-one per- edition of the President’s own chair- cause I know their leadership is 100 cent support a 2-year cutoff for welfare man of the Council of Economic Advi- percent against their position. I en- without work. sors’ textbook on page 131. courage all Republicans to join this I would ask the Members, in the I have said this before, and I am small band of courageous and correct same spirit of bipartisanship, to stop afraid it seems harsh, but if a college Republicans. I encourage all Repub- fighting us tooth and nail in our efforts freshman does not grasp this, he is not licans to join the Democrats that are to balance the budget and reform wel- likely to pass the course. But it is not in favor of the minimum wage. I encourage all Republicans in the fare, and join us in a bipartisan manner just an academic question, it is a ques- House to understand that today the to help us pass those critical legislation of real lives. I had my first job at less than what value of the minimum wage is $3.70, tive reforms in the waning days of this is today’s minimum wage, at a lower not $4.25, but $3.70 in purchase power. session of Congress. wage. I was sacking groceries for Joe But even if it was $4.25, I would remind In just a moment, Mr. Speaker, we all of my colleagues that we earn more are going to hear a very distinguished Torson at the age of 14. Joe Torson every 15 days than those workers earn economist, who himself happens to be taught me I had to be to work on time, all year. That is, we earn in 15 days on an extraordinarily capable majority I had to be clean and neat and orderly, our congressional salaries what mini- leader, speak to close the debate. A few and I had to be well mannered, and I mum wage workers, going to work moments ago he spoke about the per- had to do my job and I had to achieve every day, earn all year long. Surely verse employment effect of raising the some degree of proficiency. When I did the Congressional Republicans can minimum wage. But I want to respect- that, he gave me a raise. Then I moved come down here and help to increase fully suggest that raising the minimum on. I started another job at another the wage of those low-income Ameri- wage allows us to address the perverse time, with another firm, doing another cans. incentive that we have in American so- thing. I started at the minimum wage. Mr. Speaker, today in this country ciety today that makes welfare more They taught me what was the dif- one child out of four lives in poverty. attractive than work. ference between a coffin hoist and a Yet 60 percent of those kids live in a Let us raise the minimum wage to come-along. They taught me how to household where one or the other par- help lift people out of poverty, particu- put on my equipment and climb a pole, ent works. We should raise their mom’s larly those single mothers who strug- and after I could do it I got a raise, and minimum wage. If we want mom and gle against heroic odds to move from I worked my way through college in dad off of welfare, make the job worth welfare to work. Let us make sure that the summer. going to. Raise the minimum wage. that entry-level job for a welfare recip- Then after that, while in school, dur- That is one, only one way, but that is ient pays more than welfare. We can do ing the school year when I wanted that one good way that we could help to re- this together. We can send a strong supplement for my income that I need- form welfare. message to the American people that ed as a young college student, I washed Mr. Speaker, I encourage all our Re- we can put partisanship aside and we dishes at minimum wage. I could have publican colleagues to join this small can get things done in the name of the been replaced with a new Hobart dish- band of Republicans here that under- public good. washing machine, and all of us knew stands that raising the standard of liv- Mr. Speaker, I yield back the balance that. So nobody stays, or very few peo- ing for America’s workers, not lower- of my time. ple stay. ing it, is the way to increase employ- Mr. BALLENGER. Mr. Speaker, I What if you do stay at the minimum ment in this country, is the way to yield the balance of my time to the dis- wage and have a child? With the earned help small business in this country. tinguished gentleman from Texas [Mr. income tax credit, with aid to depend- Most of our Republican friends seem ARMEY], our majority leader. ent children, with the other benefits to think that if we could just lower The SPEAKER pro tempore. The gen- that are available to you, nobody is wages enough, we could create more tleman from Texas [Mr. ARMEY] is rec- asked to raise a family in America employment in this country. That has ognized for 8 minutes. today, with all that we do to supple- been their debate here. That has been Mr. ARMEY. Mr. Speaker, I thank ment the income of the low-wage work- their argument. We have all heard it. the gentleman for yielding time to me. er at minimum wage. In fact, we have heard it for 60 years. It Mr. Speaker, here I am, with every This debate has been a fascinating has been six decades now that the vast fiber in my being, doing what I thought exercise for me. I have often said that majority of Republicans, in a kind of I would not have to do in this Congress: Washington harbors a great many peo- political stone-age opposition to mini- Speaking on behalf of the most belea- ple that cannot be trusted with words mum wage, have opposed it. Again, I guered, least advantaged, least trained, or numbers. That point has never been commend this small band of Repub- least skilled, least experienced job as- more thoroughly well demonstrated licans and encourage all the rest of you pirants in America, against the folly of than listening to all of the misinforma- to join them. raising the minimum wage, which, irre- tion I have seen around here. Mr. RIGGS. Mr. Speaker, I yield my- spective of the impact it might have on We were approached by our Members self the balance of my time. their incentive to work, I might point and we were asked by a minority of our The SPEAKER pro tempore. The gen- out to my colleague, the gentleman majority, would we put this vote on tleman from California [Mr. RIGGS] is from California, creates an enormous the floor. Out of respect for our Mem- recognized for 23⁄4 minutes. reduction in the opportunities for them bers, we said yes, we will do that, but May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5529 we will do it after a time in which we of many inaccurate comments by Members in right-hand man, Majority Leader DICK ARMEY, have been able to study it, prepare for the Republican majority. Some have said that the Republican majority will not only fight any it, and put it in with the proper safe- there are no heads of households supporting minimum wage increase ``with every fiber of guards and protections. One of the pro- families on a minimum wage. Others have his being,'' a majority of the Republicans tections we put in here against the loss proclaimed, an increase in the minimum wage would like to do away with the minimum wage of job opportunities for the inexperi- would cause jobs to decrease for low-skilled altogether. enced worker is a small business ex- workers. This is yet another example of the extremist emption, something that was peti- Mr. Speaker, the truth is an increase in the agenda of the Republican leadership. While tioned to the Democrat majority in minimum wage is the only way working Ameri- the average American worker labors day in 1991 by then-Congressman Espy, had 67 cans will be able to sustain decent living for and day out just to support his or her family, Democrat cosponsors, 150 sponsors, and themselves. The truth is that 12 million Ameri- the new congressional leadership has worked hey would not allow it on the floor. cans, most of them women, would benefit just as hard to prevent these Americans from A larger share of their conference from the minimum wage increase. The truth is earning a fair, liveable wage. Should Speaker when they were in the majority that that a raise in the minimum wage is the least GINGRICH and his foot soldiers be successful petitioned them for this exemption this Congress can do for Americans, after cuts in their efforts to prevent a pay raise for Amer- asked, why was the gentleman from in education, Medicare, school lunches, and ican workers, the real purchasing power of the California [Mr. SERRANO] so much in environmental protections. minimum wage will soon be at the lowest it favor of this in 1991; why was the gen- The fact that we are even having a debate has been in over 40 years. tleman from New York [Mr. OWENS] so on the merits of a minimum wage increase much in favor of this in 1991; Why was Mr. Speaker, far too many hard-working shows that the majority cares little for those Americans are not adequately rewarded for the then-Democrat chairman of the who are struggling. The majority feels the Committee on Small Business in favor their efforts. In recent years, many middle- need to debate the merits of a bill that will pro- and low-income American families have faced of that in 1991? Because they knew the vide extra pay that would mean 7 months of harm that was happening in the inner an incredible economic squeeze. Since 1979, groceries, a year of health care costs, 9 the wealthiest 20 percent of this country has city. They petitioned their leadership. months of utility bills, or 4 months of housing. Now we have brought it out in ex- seen its incomes grow my roughly $767 bil- We must stand strong for those who have actly the same language, with the only lion. During the same period, middle-income the least. We must fight for those who are try- change being two protections for those families have seen their wages stagnate, and ing to better their situations through good, already on minimum wage in those in certain cases decrease. But the last 10 honest, hard work. We must be sure that a jobs that would get the exemption. The years of wage stagnation has had a particu- minimum wage is truly a living wage. Since two protections were if you are now re- larly hard impact on the lives of the low-in- businesses are enjoying record profits, we ceiving it, you cannot be denied it, and come working families. Since 1979, the value must ensure that profits are shared with the you cannot lose your job as a method of the current minimum wage for lower-in- persons who made the records possible. of avoidance of it; a better amendment come, working-class families has dropped by Mr. RADANOVICH. Mr. Speaker, I don't than even Congressman Espy had, we almost 29 percent, and, in fact, has declined favor an increase in the minimum wage. In brought it on the floor, and we hear all over 50 cents alone in constant value since its fact, I am opposed to the whole concept of a of this noise from the same Democrat last bipartisan increase only 5 years ago. minimum wage. leadership that denied their own mem- Today, the majority of working American In the private sector, the minimum wage is bership the fundamental right to air families are struggling to provide their families an interference with employer-employee con- their views and have a vote on the floor with a decent standard of living. This living- tractual relations. Big brothers in the Federal in 1991, this big panic of rhetoric going wage increase of over $1,800 in additional bureaucracy aren't happy unless they can up. earnings per year is an essential, first step in I have to tell the Members, I am em- control conduct throughout the workplace. And, recalling my own experience as a assisting many of the most vulnerable Amer- barrassed by it. This is a serious busi- ican families obtain the ability to provide their ness in the lives of real people. We may county supervisor, I know the minimum wage is just another unfunded mandate. It rep- families with proper homes, a good education, in fact entertain ourselves, console and a chance to improve their economic situa- ourselves that somehow or another we resents Washington's dictating to States and local governments what they must pay without tion. will never see those people who become I am very disappointed that the majority the broken eggs in the omelet of self- providing the dollars to accomplish it. There are economists from coast to coast leadership chose to exact a price for the con- satisfaction that we make for ourselves sideration of the most important and widely as we appease the pressures of Amer- who have exposed the minimum wage, showing that it doesn't lift people from poverty. In- accepted issue for millions of American work- ican union leaders in Washington, DC, ers, by attaching amendments which would in total disregard for real people in stead, it denies realistic opportunity for first- time workers and those with little experience not only deny many Americans the benefit of their real lives in the real world. a pay raise, but also completely eliminate the We will probably vote this thing in, as well as impairing small businesses. protections of the minimum wage for millions but if in fact we end up doing this, I Minimums, whether in wages or freedoms, of small business workers. implore my colleagues, have an ounce are not American ideals. As a society, we of decency and consideration for the should strive for maximums, gained by hard The first of the Republican majority's pro- most beleaguered victims of minimum work, not by regulation and restriction. posed amendments would repeal the protec- wage increases, those youngsters Mr. BORSKI. Mr. Speaker, I rise today in tions of the minimum wage for small busi- caught in inner cities where the jobs strong support of an increase in the minimum nesses. This amendment to the minimum are lost, and vote the small business wage from $4.25 to $5.15 over the next 2 wage increase would be a dramatic leap back- exemption and give them the protec- years. This increase in the minimum wage is ward from current law, effectively exempting tion they have. Many of you will not do an essential step toward ensuring that Amer- virtually all new employees of two-thirds of all that. You will make your votes, and ican workers are properly rewarded for their firms from major worker protection provisions you will be satisfied that you have efforts to achieve the American dream. of the Fair Labor Standards Act, including min- done good. While a bipartisan majority in the Congress imum wage and overtime pay. Millions of But let me leave you with this stands ready to give minimum wage earners a workers who are employed by businesses with thought. When you walk into the city raise the House Republican leadership instead gross annual sales under $500,000, would be in the middle of July and you see that wishes to deprive potentially millions of Amer- completely exempted from the protections of youngster that is standing idle because ican workers of any minimum wage increase. the minimum wage law. Mr. Speaker, it is not the job they thought they were going In what should have been a simple, widely- bad enough that many hard-working Ameri- to have is not there for them this sum- supported victory for millions of hard working cans would be denied a well-deserved pay- mer, and you look in the face of that Americans, the Republican majority has dem- raise under the Republican minimum wage young high school or college student onstrated not only its aversion to any increase proposal, but this proposal goes even further, and you say, ‘‘I feel your pain,’’ that is in pay for American workers, but also its inten- exempting millions of American workers from only just. You caused it. tion to eliminate, entirely, the protections of any minimum wage standard, effectively allow- Mr. RUSH. Mr. Speaker, the minimum wage the minimum wage for millions of low-income ing employers to pay their employees what- and efforts to increase it, have been the focus earners. In fact, quoting Speaker GINGRICH's ever wage they desire. H5530 CONGRESSIONAL RECORD — HOUSE May 23, 1996 The GOP's second proposal would go fur- For the minimum wage worker, a 90-cent an minimum wage was raised from $2.90 to a ther in undermining worker protections, by res- hour pay increase means a great deal. It could whopping $3.10 and since then it has only urrecting and making permanent a youth sub- mean the difference in having a roof over your gone up to $4.25 where it has stayed since minimum, so-called opportunity wage. This headÐor living in extraordinarily substandard 1991. Since 1980, the cost of college has subminimum training wage likely result in age housing. It could mean the difference between gone up 260 percent but the minimum wage discrimination in hiring practices and could providing a healthy, balanced diet for their for earners trying to pay their way through lead to America's youngest workers undermin- familyÐor waiting in line at a soup kitchen so school only went up by about 30 percent. ing older workers for subminimum, entry-level your children could have a square meal. It Raising the minimum wage is a social and positions. Under the Republican proposal, could mean the difference between having a a welfare reform issue. People have little in- American employers would be able to hire telephone or being isolated. It could mean the centive to work when they have no hope of young people for a training period at a sub- difference between acquiring a second-hand earning a wage that will allow them to make minimum wage, only to replace them with ad- car or relying on expensive public transpor- a decent living and take care of their family. ditional young people before they would be re- tation to get to your job, to the doctors, or to The current minimum wage of only $4.25 an quired to pay the full minimum wage amount. the grocery. That's a glass that's fuller than it hour means a gross weekly salary for 40 Mr. Speaker, we should be passing a sim- is without a raise in the minimum wage. hours of only $170Ðand that's before taxes ple, clean, minimum wage increase for every Raising the minimum wage is not just a and other mandatory deductions. American worker. Despite the unbelievable Democrat or Republican issue, and it is not The Republicans continue to ignore the fact claims of House Republican Whip TOM DELAY, only a labor issue. It is a women's issue. It is that the current minimum wage of $4.25 an who states that ``working families trying to get an education issue. It is a social and a welfare hour makes it easier to perpetuate depend- by on $4.25 an hour . . . don't really exist,'' reform issue. ence on social welfare programs like aid to a clean raise in the minimum wage would ben- The Democrats and the Republicans agree families with dependent children, Medicaid, efit millions of workers across the country, in- that there are no working families living on a subsidized child care, and job training. cluding over 490,000 workers in Pennsylvania minimum wage, because you just can't do it. Yes, my colleagues, the glass is half empty! alone. Let's justly reward the American work- The Republicans have said that the ``minimum Raising the minimum wage will not fill the ers for their labors and raise the minimum wage families don't really exist.'' They're right. glass, nor will it fill the pockets of the Amer- wage for all American workers. How can they? No one can fully rely on a sal- ican workers, but it will help change lives. I Mr. COSTELLO. Mr. Speaker, I rise in ary from a minimum wage job at the current urge my colleagues to put a little more in the strong support of an increase in the minimum rate to buy food, pay rent, travel to work, pay glass and the pockets of the American worker wage. The 90-cent increase that is being con- child care and taxesÐand still survive. and raise the minimum wage. sidered today by the House of Representa- The Democrats and the Republicans agree Mr. RAHALL. Mr. Speaker, I rise in support tives will begin to address the erosion in that the difference between $4.25 and $5.15 of the Riggs amendment to increase the mini- American workers' purchasing power. If the per hour is not a lot. A mere 90 cents an hour mum wage by 90 cents, to $5.15 per hour. I minimum wage is not increased, it will fall to difference. The Republicans position is that a do so for many reasons, mainly because it is its lowest level in 40 years. mere 90 cents an hour raise won't make that only fair to hard-working Americans who are Mr. Speaker, this is essential legislation that much difference in the life of the minimum working harder and longer with no gain. I do directly impacts millions of American workers. wage earner, but the Republicans also say it so because it is the right thing to do, to keep Over 500,000 of these workers are in Illinois. is a lot if it's coming out of the business own- working Americans from having to ask for pub- Because the majority of American workers ers' profits. What hypocracy! The worker lic assistance because $4.25 won't raise a who are paid the minimum wage are over 20 would have about $36.00 a week extra; the family and provide for daily necessities and years old, the increase will aid these workers business owner would have about $36.00 less health careÐjust won't do it. in supporting themselves and their families. As profit. The glass is half empty. I vote for an increase in the minimum wage we encourage people to find jobs instead of To reiterate, raising the minimum wage is a because it will let American workers to share relying on public welfare, we must work to en- labor issue. The current minimum wage, $4.25 in the gains of rising economiesÐsuch as sure that the minimum wage is a living wage. an hour, is pocket change for many working some of the highest profits ever noted for cor- As a result of the reduction in turnover, the Americans. In Illinois, nearly 11 percent of the porate America, at a time when CEO's make employer's costs of recruiting and retraining wage earners are paid only $4.25 an hour. 300 percent more in annual income than their are lower. There are over 12 million Americans nationally highest paid employee, and at a time when Raising the minimum wage is expected to who are currently working in jobs that pay the the stock market is on an ever increasing up- immediately lift 300,000 families out of pov- minimum wage. ward trend. Let working Americans in on the erty. My colleagues who charge that a 90-cent Raising the minimum wage is a women's act. increase is nominal and unnecessary probably issue. Women's wages still remain below But one of my very biggest reasons for vot- are not aware that a 90-cent increase in the those of their male counterparts, even for ing for this minimum wage increase is be- minimum wage could pay for 7 months of gro- comparable jobs. At the bottom of the job lad- cause we said that we would bring it to a vote, ceries, rent or mortgage payments for 4 der, at least there is an opportunity for equal- and 84 percent of Americans polled said: Do months, or a full year of health costs. These ityÐequality in receiving the minimum wage. it. It may startle you to know that 71 percent are real expenses that working people have According to the Bureau of the Census, of Republicans polled also support an in- and that can be addressed by a minimum women make up 46 percent of the work force, crease in the minimum wage. wage increase. and 40 percent of those women are working Early on in this debate, when Democrats Many of my colleagues also charge that the mothers. A single mother working at a mini- said they would demand and insist on this up minimum wage increase will result in lost jobs. mum wage job who has to pay for child care or down vote to increase the minimum wage, However, many economists dispute this claim. has a substandard existence. She often can- the Republican leadership was quoted as say- In addition, according to the Bureau of Labor not pay her bills and needs the additional help ing many things. The majority leader said I will Statistics, 10 million jobs have been created of food stamps, and so forth. resist increasing the minimum wage with every since the last increase in the minimum wage. President Clinton recently declared a ``Na- fiber of my being. Another in the leadership These are among the reasons why I strong- tional Pay Inequity Awareness Day'' and in his said: I'll commit suicide first. But we per- ly support a 90-cent increase in the minimum statement he provided information that last severed and we have brought the proposal to wage and urge my colleagues to join me in year American women earned only 75 cents a vote today. voting for the increase. for every $1 a man brought home, with Afri- But the Republicans who oppose this in- Mrs. COLLINS of Illinois. Mr. Speaker, I can-American women and Hispanic women crease also did something else besides threat- would like to say that I am pleased to an- collecting just 66 cents and 57 cents respec- en to commit suicide or to resist with every nounce that it appears the Democrats and the tively, when compared to the majority male fiber of their being. They went to their Ways Republicans have come to an agreement on wage earner. and Means pharmacy and they concocted an one thing in the debate about raising the mini- Raising the minimum wage is an education antidote to the Democrats poison pill of a bill mum wage: there is agreement that no one issue. Students are a large population of mini- to increase the minimum wage. can support a family working in a job that pays mum wage earners. Students who are They met in the dark of night under a full the current minimum wage. The problem is supplementing their family's income by work- Moon, no doubt, and using potent herbs and that to the Repubicans, the glass is half full; ing are not a thing of the pastÐthey are the verbs, and using the eye of NEWT, and hair to the Democrats, the glass is half empty. foundation of many communities. In 1980, the and nail clippings from known Democrats who May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5531 use the House barber shopÐthey developed cans deserve a raise. The record of the Ging- was the right thing to do then, and it is the their antidote and they called it the Small Busi- rich gang on the minimum wage is undeniable: right thing to do nowÐin this positive cycle of ness Job Protection Act, and cried out that if delay, distort, and derail. our economy. Under President Clinton's lead- it was not enacted and administered imme- Inflation has been chipping away at the ership, we have developed very strong eco- diately after enactment of a minimum wage value of the minimum wage since it was last nomic indicators. The deficit is down, new jobs hike, then small business would die. raised 5 years ago. Its value is now at its low- have been created, and inflation is under con- Well, guess what? Democrats are all for est level in 40 years. Forty years, Mr. Speak- trol. The working people of this country de- helping small businessesÐthe backbone of er. Americans who work full-time simply can- serve to enjoy the benefits of the economic our Nation, and its number one source of job not live on $8,800 a year. good news. creation. We had no problem with the small Making the minimum wage a liveable wage Let me share with my colleagues our experi- business job protection antidote. So we nearly through two 50-cent increases will lift 300,000 ence in my home State of New Jersey. I am all voted for itÐit passed by a vote of 414 to families out of poverty, including 100,000 chil- proud that we have led the Nation in giving 10 on May 22. dren, and help people move from welfare to workers a livable wage. Despite the pre- Was that sufficient, then, to sway our Re- work. dictions of gloom and doom in some quarters, publican friends across the aisle to come over An increase in the minimum wage won't economists at Princeton University surveyed to us and help us increase the minimum solve all of our Nation's economic and social businesses in New Jersey and Pennsylvania wage? In other wordsÐdid they seek us out to ills. But it is clearly an overdue step in the in the spring of 1992, after New Jersey raised help us create a win-win situationÐa situation right direction. Mr. Speaker, let's end the dou- the minimum wage from $4.25 to $5.05. The where Representatives were willing to rep- ble talk and get a clean, up-or-down vote to results indicated that businesses in New Jer- resent their constituenciesÐby honoring the give American workers a raise. sey actually added employees while in Penn- efforts of the workers and by honoring the Ms. FURSE. Mr. Speaker, I rise today in sylvania, hiring remained stagnant. commitment and investment of small busi- support of raising the minimum wage, and We hear a lot of talk about family values, nesses in strengthening the economy of the helping reward the millions of Americans who but what does it say when we fail to pay work- entire country? All at the same time? work hard everyday. It has been 5 years since ers enough to support their families? Despite No indeed. I have in my office two commu- Congress last increased the minimum wageÐ all the talk about welfare, the fact is that most nications from the National Federation of Inde- 5 years with less purchase power to pay for poor people in this country work. They just pendent Businesses [NFIB]Ðone which says: groceries, hospital bills, and car payments. cannot make ends meet in low wage jobs. If you are going to raise the minimum wage, Members of Congress who oppose the mini- Let's help lift the standard of living for work- first enact the Small Business Job Protection mum wage are simply out of touch. Members ing families in this Nation, so that they can Act. The other one says, if you vote for the of Congress make more money in 1 month educate their children, buy their home, and ful- minimum wage, it will be used against you with taxpayer dollars than people on minimum fill the American dream. I urge my colleagues when we report it to constituents in your dis- wage make in an entire year. to support an increase in the minimum wage. trictÐor words to that effect. There are thousands of hardworking families Mr. COX of California. Mr. Speaker, House Well, you can't have it both ways. I voted for in my district in Oregon, and across the coun- Republicans are committed to higher take- the Small Business Job Protection Act be- try, who deserve this overdue increase in their home pay and better job opportunities for low- cause I do not want a single small business in take home pay. I am proud that Oregon's min- income Americans. We strongly support poli- my district or yours, my colleagues, to suffer. imum wage is already higher than the national cies to give low-income Americans increased And I am proud to vote for this modest in- level. The bill before us today would raise the wages and improved chances to find work. crease in the minimum wage for proud, work- minimum wage to $5.15 by July, 1997, which But we are against Government-mandated ing Americans who are struggling to stay off would represent a 40-cent increase to Oregon wage and price controls that destroy jobs and welfare and to live lives of dignity and self-re- workers. I find it disturbing that amendments hurt the economy. spect by working for minimum wage. have been introduced to repeal minimum President Nixon concluded, after leaving the I want to reward all that hard work that is wage coverage for 10 million American work- Presidency, that the wage and price controls taking place across this countryÐwork and ers. We must not go backward; we must re- initiated during his administration were a seri- productivity by millions of employees of busi- ward people who work hard with good wages. ous mistake. During much of the 1970's, the nesses, large and smallÐI want to honor any I urge my colleagues to oppose these amend- President and Congress imposed harsh wage work achieved, as the Bible directs usÐby the ments. and price controls on most sectors of the sweat of our brows. It is a remarkable fact that almost two-thirds economy. These policies were disastrous for I am ashamed at the betrayal by Repub- of minimum wage workers are adults. In addi- the long-term economy and failed to meet licans to hold out the small business antidote tion, almost 4 in 10 are the sole breadwinners even short-term goals, instead contributing to for raising the minimum wageÐbut once they for their family. In light of these facts, I believe the ``stagflation''Ðeconomic stagnation cou- got our support and our votesÐto jerk the rug that increasing minimum wage is the best wel- pled with runaway inflationÐfor which the by fighting the rise in the minimum wage. fare reform because it makes work pay. In Carter era is known. By destroying economic Shame, shame, shame on you who vote 1993, I was proud to support an expansion of opportunity, these policies dimmed the Amer- against this amendment raising the minimum the earned income tax credit [EITC] which ican dream for millions. wage after voting for the small business job gave tax breaks to low-income families who All this changed in 1981, when, as one of protection antidote last evening. were working hard. The minimum wage bill his first actions as President, Ronald Reagan Mrs. LOWEY. Mr. Speaker, I must say I before the House today builds on the expan- ended the remaining Carter price controls. His sympathize with my moderate Republican col- sion of the EITC in 1993Ðwhich was opposed action became the first element of a coordi- leagues on the other side of the aisle. After by every single RepublicanÐand puts more nated economic program of deregulation, the months of urging your leadership to allow a money in the pockets of people who work. end of price and wage controls, elimination of straight up-or-down vote on increasing the Increasing the minimum wage is the right trade barriers, an inflation-fighting monetary minimum wage, you thought you had finally thing. It will help millions of American families, policy, and tax cuts to encourage economic won that most basic opportunity. But at the and I urge all my colleagues to support this growth and increase the take-home pay of all 11th hour, Speaker GINGRICH unleashed a kill- legislation. Americans. Ronald Reagan's economic policy er amendment that would repeal the minimum Mr. PAYNE of New Jersey. Mr. Speaker, I ushered in the longest peacetime economic wage and overtime pay requirements for up to rise in support of an increase in the minimum expansion in American history. 10 million Americans. wage so that we can give American workers Echoing Ronald Reagan, Candidate Bill I continue to be amazed by the Republican a decent living wage, and I ask unanimous Clinton promised in 1992 to balance the budg- leadership's policies that seek to bring us back consent to revise and extend my remarks. et, cut taxes for the middle class, and grow to the days when workers were routinely ex- Mr. Speaker, as a member of the House the economy. But once in office, he signed ploited, polluters fouled our air and water with Committee on Economic and Educational Op- into law the largest tax increase in American abandon, and college was only an option for portunities, I rise in strong support of an in- history, stifling economic growth. In 1995, the the privileged few. But today with the Goodling crease in the minimum wage. economy grew at a sickly 1.5 percent. Clin- amendment they are at it again, turning the I had the privilege of serving on the con- ton's vetoes of spending cuts insure continued clock back to a darker day. ference committee for the last minimum wage deficits well into the 21st century. Then, hav- Make no mistake about it, the Republican proposal, which was signed into law in 1989, ing succeeded in implementing this tax-and- leadership doesn't believe hardworking Ameri- under a Democratic-controlled Congress. It spend agendaÐwithout a single Republican H5532 CONGRESSIONAL RECORD — HOUSE May 23, 1996 vote in the House or SenateÐhe sought to Bill Clinton himself has argued against rais- Republican leadership has loaded down this nationalize our health care system by placing ing the minimum wage. In 1993, he called it bill with provisions which renew their attacks a bureaucrat in nearly every health care deci- ``the wrong way to raise the incomes of low- on working families. sion, levying taxes on excessive health care income workers.'' He was right: according to This bill would include a lower required benefits, and imposing price controls to ration Labor Department statistics, half a million jobs wage for tipped restaurant workers, an over- health care for every American. were lost in the 2 years following the last in- time exemption for computer workers, and a Republicans strongly opposed Clinton's ef- crease in the minimum wage. In the year after subminimum training wage for new hires. fort to impose price controls on one-seventh of the minimum wage was increased, 15.6 per- Our Republican colleagues just don't seem our national economy. That principled opposi- cent fewer young men (aged 15±19), and 13 to get it. They don't seem to understand that tion to Government controls on the health care percent fewer women, had jobs. Over three- a 90-cent increase in the minimum wage system contributed measurably to the 1994 fourths of the 22,000 members of the Amer- means 7 months of groceries, a year of health election of the first Republican Congress in 40 ican Economics Association believe a mini- care costs, 9 months of utility bills, or 4 years. mum wage increase would lead to a loss in months of housing. Government should notÐindeed, cannotÐ jobs. Many estimates of the cost of raising the This is another example of how the other rationally determine the prices of labor, goods, minimum wage exceed one half of a million party has lost touch with what most Americans or services for health care, energy, or any jobs lost. One such study, by Michigan State are thinking about the minimum wage. Over other industry in a free market economy. In University Professor David Neumark and Fed- 80 percent of Americans not only believe in the 1970's, when the Federal Government im- eral Reserve economist William Wascher, esti- the minimum wage, but think that it should be posed price controls on gasoline, the result mates a loss between 500,000 and 680,000 raised. was shortages and long lines. By attempting jobs. My colleagues, this proposal is one more artificially to fix the price of gasoline, Govern- ``The primary consequence of the minimum example of the do-nothing GOP Congress cre- ment ensured we got less of it. Wage controls wage law is not an increase in the incomes of ating more legislative gridlock. have precisely the same effect. `'Raise the the least skilled workers,'' liberal economists Let's not bury the minimum wage increase legal minimum price of labor above the pro- William Bumble and Clinton Federal Reserve in a tangle of legislative language which would ductivity of the least skilled workers,'' the New appointee Alan Blinder recently wrote, ``but a result in denying minimum wage protections to York Times editorialized when the Democrats restriction of their employment opportunities.'' millions of working men and women. Let's controlled Congress, `ànd fewer will be hired.'' An increase would also be an unfunded man- honor America's working families by increas- Their editorial was headlined, ``The Right Mini- date on every State and locality in America. mum Wage: $0.00.'' The politically liberal edi- ing the minimum wage. According to the Congressional Budget Office, Vote ``no'' on the Goodling amendment and torial policy of the New York Times caused the minimum wage increase will cost State them to ask: `Ìf a higher minimum means ``yes'' on a clean minimum wage increase. and local governments, that is, taxpayers, $1.4 Ms. MILLENDER-McDONALD. Mr. Speaker, fewer jobs, why does it remain on the agenda billion over 5 years. I rise in support of the amendment and ask of some liberals?'' Their answer: the liberal ar- President Clinton did not raise the issue of guments aren't convincingÐparticularly since unanimous consent that I be allowed to revise the minimum wage publicly during 1993 or and extend my remarks in the CONGRESSIONAL ``those at greatest risk from a higher minimum 1994, when the Democrats controlled the Con- would be young, poor workers, who already RECORD. gress. Congressional Democrats, likewise, About 12 million people will benefit from a face formidable barriers to getting and keeping failed to hold even a single hearing on the 90 cent increase in the minimum wage ac- jobs.'' minimum wage during that same period. The Because in so many cases the minimum cording to the Economic Policy Institute, many Democratic devotion to this issue in 1996 is of whom are my constituents. wage jobs that will be lost are the all-important entirely politicalÐand, as the New York Times first jobsÐthe jobs that give young Americans An increase in the minimum wage would en- editorialized, inexplicable for liberals who care able thousands of my constituents to move out the experience, the discipline, and the ref- about the working poor. erences they need to move to better, higher- of poverty and into the world of work and self- The snare and delusion of wage and price sufficiency. America's working class has been paying jobs in the futureÐan imprudent in- controls must not distract us from the fun- crease in the minimum wage would contribute doing without for long enough. damental economic and fiscal policy reforms Seventy-eight percent of the American peo- to cycles of poverty and dependence. Such necessary to expand our economy and create Government focus on starting wages is espe- ple favor the plan by President Clinton re- good job opportunities for all Americans. A flected in the Riggs amendment to raise the cially misguided since low paying, entry-level balanced budget, tax relief for workers and minimum wage by 90 cents over 2 years. jobs usually yield rapid pay increases. Accord- small business, and regulatory relief from un- ing to data compiled by the Labor Department, The minimum wage directly rewards hard necessary Government red tape offer the sur- work. An increase in the minimum wage would 40 percent of those who start work at the mini- est means of steering our economy toward send a signal to millions of Americans that we mum wage will receive a raise within only 4 lasting growth. Comprehensive welfare reform have not forgotten them, we appreciate and months. Almost two-thirds will receive a raise that promotes work and breaks the cycle of support them. within a year. After 12 months' work at the dependency can go far toward restoring the Mr. SKAGGS. Mr. Speaker, I rise in strong minimum wage, the average pay these work- natural incentives for individual responsibility support of increasing the minimum wage for ers earn jumps to more than $5.50 an hourÐ and personal growth. And redoubled efforts to this Nation's working poor. The minimum a 31 percent increase. focus our educational resources in the class- wage law is designed to help ensure working In a very real sense, the minimum wage is roomÐwhere educators, parents, and stu- Americans earn enough to live on. Under the really a starting wageÐthe pay an unskilled, dents exercise control over learning rather current minimum wage, a full-time worker inexperienced worker can expect on first en- than taking dictation from Federal and State earns $8,840 a year, well below the poverty tering the work force. Once these workers governmentsÐcan pave the way for a better level for a single-parent family of three. No have a foot on the employment ladder, their trained and more employable workforce for the person working full-time should have to live in hard work and abilities are quickly rewarded. future. But these rewards can only be earned if work- These solid Republican policies will lead us poverty. ers can find that all-important first job. Con- to a better, stronger America. Wage and price The entire country benefits when we en- sider who earns the minimum wage. Accord- controls, in contrast, are premised on the no- courage self-sufficiency and reduce depending to the Labor Department, half are under 25 tion that Government fiat can raise wages ency on welfare. We want work to be more at- years of age, often high school or college stu- without costÐa notion that fails both in theory tractive than welfareÐincreasing the minimum dents. Some 63 percent work part-time, 62 and in fact. It is individual initiative rather than wage helps accomplish that. And while the percent are second-income earners. And fully government beneficence that creates wealth, earned income tax credit would be another 80 percent live in households with incomes jobs, and a higher standard of living for all good way to help low-income workers, the Re- above the poverty level. Even Labor Secretary Americans. publican majority wants to cut the credit, not Robert Reich, in a 1993 memorandum to now- Mr. FAZIO of California. Mr. Speaker, Amer- increase it. That is one reason it is so impor- Treasury Secretary Robert Rubin, admitted ica needs a raise. tant that we raise the minimum wage. that ``most minimum wage earners are not And it's about timeÐin the 5 years since the Despite the claims of the Republicans who poor.'' But while undue increases in the mini- last minimum wage increase, its purchasing oppose increasing the minimum wage, the mum wage do little to help the poor, curtailing power has sunk to a 40 year low. minimum wage is not a wage only for teen- unskilled employment opportunities will exac- But rather than schedule a straight up or agers who have part-time jobs and live with erbate poverty. down vote on a minimum wage increase, the their parents. Of those earning minimum May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5533 wage, 70 percent are adults 20 years old or Morella Roemer Tejeda The result of the vote was announced Murtha Rogers Thompson older. Under the current minimum wage, these Nadler Ros-Lehtinen Thornton as above recorded. Americans are trying to support themselves on Neal Roukema Thurman PERSONAL EXPLANATION $4.25 per hour. Neumann Roybal-Allard Torkildsen Mr. WARD. Mr. Speaker, I was unavoidably Ney Rush Torres An increase in the minimum wage is also a Oberstar Sabo Torricelli absent during the recording of rollcall vote No. pay raise for women. Even though there are Obey Sanders Towns 192. Had I been present, I would have voted fewer women in the workforce than men as a Olver Sawyer Traficant ``yea.'' Ortiz Schiff Upton percentage, 63 percent of those earning mini- PERSONAL EXPLANATION Orton Schroeder Velazquez mum wage are women. Allowing the current Owens Schumer Vento Mr. BONO. Mr. Speaker, due to an minimum wage, which is at a 40-year low Pallone Scott Visclosky error, I was incorrectly recorded on the when adjusted for inflation, to remain at an Pastor Serrano Volkmer Riggs amendment today, rollcall vote Payne (NJ) Shaw Walsh historically low value disproportionately hurts Payne (VA) Shays Waters No. 192. I wish the RECORD to reflect I America's working women. Pelosi Sisisky Watt (NC) intended to vote ‘‘No’’ and emphasize It is time to give working Americans a Peterson (FL) Skaggs Waxman my opposition to raising the minimum raiseÐit's time to increase the minimum wage. Peterson (MN) Skelton Weldon (PA) wage. That is why I voted against this Pickett Slaughter Weller The SPEAKER pro tempore. The Pomeroy Smith (NJ) Whitfield bill on passage. I just want to remain question is on the amendment offered Poshard Smith (WA) Williams consistent on this issue. Quinn Solomon Wilson by the gentleman from California [Mr. PERSONAL EXPLANATION Rahall Spratt Wise RIGGS]. Ramstad Stark Woolsey Mr. BARCIA. Mr. Speaker, due to un- The question was taken; and the Rangel Stockman Wynn foreseen circumstances, I was unable to Speaker pro tempore announced that Reed Stokes Yates be present on the floor for the last Regula Studds Young (AK) the noes appeared to have it. Richardson Stupak Young (FL) vote. Had I been present, I would have RECORDED VOTE Riggs Tanner Zimmer voted ‘‘yes’’ on increasing the mini- Rivers Tauzin mum wage. Mr. RIGGS. Mr. Speaker, I demand a Roberts Taylor (MS) recorded vote. PERSONAL EXPLANATION A recorded vote was ordered. NOES—162 Mr. HORN. Mr. Speaker, on rollcall No. 192, The vote was taken by electronic de- Allard Fields (TX) Montgomery I was unavoidably detained on official busi- Archer Fowler Moorhead vice, and there were—ayes 266, Noes ness and was not able to vote in support of Armey Franks (CT) Myers the Riggs amendment. I strongly support the 162, not voting 5, as follows: Baker (CA) Frelinghuysen Myrick Baker (LA) Funderburk Nethercutt increase in the minimum wage and, if present, [Roll No. 192] Ballenger Gallegly Norwood would have voted `àye.'' AYES—266 Barr Gekas Nussle The SPEAKER pro tempore. It is now in Barrett (NE) Geren Oxley Abercrombie Dooley Jefferson Bartlett Gilchrest Packard order to consider the amendment printed in Ackerman Doyle Johnson (CT) Barton Goodlatte Parker part 2 of House Report. 104±590. Andrews Duncan Johnson (SD) Bass Goodling Paxon Bachus Durbin Johnson, E. B. AMENDMENT OFFERED BY MR. GOODLING Bateman Goss Petri Baesler Edwards Johnston Bliley Graham Pombo Mr. GOODLING. Mr. Speaker, I offer Baldacci Engel Kanjorski Boehner Greene (UT) Porter an amendment. Barrett (WI) English Kaptur Bonilla Gutknecht Portman The SPEAKER pro tempore. The Beilenson Ensign Kelly Brewster Hall (TX) Pryce Bentsen Eshoo Kennedy (MA) Clerk will designate the amendment. Brownback Hancock Quillen Bereuter Evans Kennedy (RI) The text of the amendment is as fol- Bryant (TN) Hansen Radanovich Berman Farr Kennelly Bunning Hastert Rohrabacher lows: Bevill Fattah Kildee Burr Hastings (WA) Rose Bilbray Fazio King Amendment offered by Mr. GOODLING: Add Burton Hayworth Roth Bilirakis Fields (LA) Kleczka at the end the following: Callahan Hefley Royce Bishop Filner Klink SEC. 3. FAIR LABOR STANDARDS ACT AMEND- Calvert Herger Salmon Blute Flake LaFalce MENTS. Camp Hoekstra Sanford Boehlert Flanagan LaHood Campbell Hostettler Saxton (a) COMPUTER PROFESSIONALS.—Section Bonior Foglietta Lantos Chabot Hunter Scarborough 13(a) of the Fair Labor Standards Act of 1938 Bono Foley LaTourette Chambliss Hutchinson Schaefer (29 U.S.C. 213(a)) is amended by striking the Borski Forbes Lazio Chenoweth Hyde Seastrand Boucher Ford Leach period at the end of paragraph (16) and in- Christensen Inglis Sensenbrenner Browder Fox Levin serting ‘‘; or’’ and by adding after that para- Chrysler Istook Shadegg Brown (CA) Frank (MA) Lewis (CA) graph the following: Clinger Johnson, Sam Shuster Brown (FL) Franks (NJ) Lewis (GA) ‘‘(17) any employee who is a computer sys- Coble Jones Skeen Brown (OH) Frisa Lightfoot Coburn Kasich Smith (MI) tems analyst, computer programmer, soft- Bryant (TX) Frost Lincoln Collins (GA) Kim Smith (TX) ware engineer, or other similarly skilled Bunn Furse Lipinski Combest Kingston Souder worker, whose primary duty is— Buyer Ganske LoBiondo Cooley Klug Spence ‘‘(A) the application of systems analysis Canady Gejdenson Lofgren Cox Knollenberg Stearns Cardin Gephardt Longley techniques and procedures, including con- Crane Kolbe Stenholm Castle Gibbons Lowey sulting with users, to determine hardware, Crapo Largent Stump Chapman Gillmor Luther software, or system functional specifica- Cubin Latham Talent Clay Gilman Maloney tions; Cunningham Laughlin Tate Clayton Gonzalez Manton Davis Lewis (KY) Taylor (NC) ‘‘(B) the design, development, documenta- Clement Gordon Markey DeLay Linder Thomas tion, analysis, creation, testing, or modifica- Clyburn Green (TX) Martinez Dickey Livingston Thornberry tion of computer systems or programs, in- Coleman Greenwood Martini Doolittle Lucas Tiahrt cluding prototypes, based on and related to Collins (IL) Gunderson Mascara Dornan Manzullo Vucanovich Collins (MI) Gutierrez Matsui user or system design specifications; Dreier McCollum Walker Condit Hall (OH) McCarthy ‘‘(C) the design, documentation, testing, Dunn McCrery Wamp Conyers Hamilton McDade creation, or modification of computer pro- Ehlers McInnis Watts (OK) Costello Harman McDermott grams related to machine operating systems; Ehrlich McIntosh Weldon (FL) Coyne Hastings (FL) McHale Emerson McKeon White or Cramer Hayes McHugh Everett Meyers Wicker ‘‘(D) a combination of duties described in Cremeans Hefner McKinney Ewing Mica Wolf subparagraphs (A), (B), and (C) the perform- Cummings Heineman McNulty Fawell Miller (FL) Zeliff ance of which requires the same level of Danner Hilleary Meehan skills, and de la Garza Hilliard Meek NOT VOTING—5 Deal Hinchey Menendez who, in the case of an employee who is com- DeFazio Hobson Metcalf Barcia Horn Ward pensated on an hourly basis, is compensated DeLauro Hoke Millender- Becerra Molinari at a rate of not less than $27.63 an hour.’’. Dellums Holden McDonald (b) TIP CREDIT.—The next to last sentence Deutsch Houghton Miller (CA) b of section 3(m) of the Fair Labor Standards Diaz-Balart Hoyer Minge 1319 Act of 1938 (29 U.S.C. 203(m)) is amended to Dicks Jackson (IL) Mink Mr. DAVIS and Mr. EWING changed Dingell Jackson-Lee Moakley read as follows: ‘‘In determining the wage an Dixon (TX) Mollohan their vote from ‘‘aye’’ to ‘‘no.’’ employer is required to pay a tipped em- Doggett Jacobs Moran So the amendment was agreed to. ployee, the amount paid such employee by H5534 CONGRESSIONAL RECORD — HOUSE May 23, 1996 the employee’s employer shall be an amount goods for commerce, or (B) employed in an move ahead with raising the minimum equal to— enterprise engaged in commerce or in the wage, then the question comes, what ‘‘(1) the cash wage paid such employee production of goods for commerce’’. do we do for the most vulnerable, the (6) SEX DISCRIMINATION.—Paragraphs (1) which for purposes of such determination unskilled, the poorly educated, the shall be not less than the cash wage required and (2) of section 6(d) of the Fair Labor to be paid such an employee on the date of Standards Act of 1938 (29 U.S.C. 206(d)) are dropouts, the teens, the senior citizens, the enactment of this paragraph; and each amended by inserting after ‘‘employees who both need the time and the thera- ‘‘(2) an additional amount on account of subject to any provisions of this section’’ the peutic help of a job? Any my response the tips received by such employee which following: ‘‘or employees engaged in com- to that was that we do what we have amount is equal to the difference between merce or in the production of goods for com- done every time we have raised the the wage specified in paragraph (1) and the merce’’. minimum wage: We went back to see cash wage in effect under section 6(a)(1). (7) HANDICAPPED WORKERS.—Section 14(c)(1) what it was we could do to alleviate The additional amount on account of tips of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended by inserting after some of the problems that we were may not exceed the value of the tips actually going to have in relationship to the un- received by an employee.’’. ‘‘injury’’ the following: ‘‘and who are engaged in commerce or in the production of skilled, the poorly educated, the teens, (c) OPPORTUNITY WAGE.—Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. goods for commerce, or who are employed in the senior citizens. 206) is amended by adding at the end the fol- an enterprise engaged in commerce or in the So every time we have had a mini- lowing: production of goods for commerce’’. mum wage discussion, every time we RESERVATION OF COVERAGE.—In the ‘‘(g)(1) In lieu of the rate prescribed by (8) P have had a minimum wage increase, we case of an employee who on May 15, 1996, was subsection(a)(1), any employer may pay any have always gone back and made the subject to section 6(a)(1) of the Fair Labor employee of such employer, during the first Standards Act of 1938 (29 U.S.C. 206(a)(1) and exceptions and the exemptions, so that 90 consecutive calendar days after such em- who because of the amendments made by the small businesses could provide ployee is initially employed by such em- this subsection is not subject to such sec- those jobs for those most in need, and ployer, a wage which is not less than $4.25 an tion, the employer of such employee on such hour. so small businesses could create those date shall— ‘‘(2) No employer may take any action to jobs that small businesses must create (A) pay such employee not less than the displace employees (including partial dis- if as a matter of fact we are going to minimum wage in effect under such section placements such as reduction in hours, have a growing economy. on May 15, 1996; So today, I have an amendment that wages, or employment benefits) for purposes (B) pay such employee in accordance with of hiring individuals at the wage authorized section 7 of such Act (29 U.S.C. 207); and will do what we have always done in in paragraph (1). (C) remain subject to section 12 of such Act the past when we have had these mini- ‘‘(3) Any employer who violates this sub- (29 U.S.C. 212). mum wage discussions. section shall be considered to have violated No employer may take any action to dis- I do want to clarify there are two section 15(a)(3). place employees (including partial displace- votes on the amendment, a vote on the ‘‘(4) This subsection shall only apply to an ments such as reduction in hours, wages, or employee who has not attained the age of 20 section dealing with the small business employment benefits) for purposes of hiring years.’’. exemption, which I will discuss mo- individuals at less than the wage authorized (d) SMALL BUSINESS EXEMPTION.— mentarily, and a separate vote on the in subparagraph (A) or to avoid the protec- (1) SPECIAL INDUSTRY COMMITTEES.—Sec- rest of the en bloc amendments. tion 5(a) of the Fair Labor Standards Act of tions of subparagraphs (B) and (C). Any em- What are these en bloc amendments? ployer who violates the preceding sentence 1938 (29 U.S.C. 205(a)) is amended by striking First of all, the tip credit. Nothing ‘‘engaged in commerce or in the production shall be considered to have violated section 15(a)(3) of the Fair Labor Standards Act of new, same as we have always done it. of goods for commerce or employed in any The tip credit, the Fair Labor Stand- enterprise engaged in commerce or in the 1938. production of goods for commerce’’ each The SPEAKER pro tempore. Pursu- ards Act currently includes a tip credit time that it appears and inserting each time ant to the rule, the gentleman from whereby employers of tip employees the following: ‘‘who are (1) engaged in indus- Pennsylvania [Mr. GOODLING] and a may count tips up to $2.13 an hour, trial homework subject to 11(d) and are ei- Member opposed each will control 30 that is under your current law. In the ther (A) engaged in commerce, or (B) en- minutes. event that the employee does not re- gaged in the production of goods for com- Does the gentleman from Missouri ceive at least that $2.13 and up to the merce, or (2) employed in an enterprise en- [Mr. CLAY] wish to be recognized in op- minimum wage, the employer then gaged in commerce or in the production of must pay the difference between the goods for commerce’’. position? $2.13 and whatever that minimum wage (2) MINIMUM WAGE.—Section 6(a) of the Fair Mr. CLAY. Mr. Speaker, I do. I yield Labor Standards Act of 1938 (29 U.S.C. 206(a)) 14 minutes of my time to the gen- may be. The employer must contribute is amended by striking ‘‘who in any work- tleman from Connecticut [Mr. SHAYS], those additional amounts of wages to week is engaged in commerce or in the pro- and ask unanimous consent that he be make sure that they have reached the duction of goods for commerce, or is em- allowed to yield time as he sees fit. minimum wage. ployed in an enterprise engaged in commerce The SPEAKER pro tempore. Is there The amendment codifies the current or in the production of goods for commerce’’ objection to the request of the gen- level of tip credit, maintains the mini- and inserting the following: ‘‘who in any tleman from Missouri? mum wage protection for tip employ- workweek is engaged in industrial homework ees in that the employer would still be subject to 11(d) and is either engaged in com- There was no objection. merce or engaged in the production of goods Mr. GOODLING. Could the Speaker required to make up the difference in for commerce, or employed in an enterprise tell me what the arrangement is now? wages between the new minimum wage engaged in commerce or in the production of The SPEAKER pro tempore. The gen- and $2.13 per hour whenever the tips re- goods for commerce’’. tleman from Missouri [Mr. CLAY] has ceived by the employee are insufficient (3) WAGE ORDERS.—Section 8(a) of the Fair agreed to give 14 minutes of his 30 min- to make at least the minimum wage. Labor Standards Act of 1938 (29 U.S.C. 208(a)) utes to the gentleman from Connecti- Most of these people are making $7 to is amended by striking ‘‘employers in Amer- cut [Mr. SHAYS] for purposes of the $8 an hour. ican Samoa engaged in commerce or in the gentleman from Connecticut being able Small business exemption: My, we production of goods for commerce or’’ and inserting in lieu thereof ‘‘employers in to control time and yield time. So the have heard a lot about something that American Samoa’’. gentleman from Connecticut [Mr. has been around a long, long time in (4) MAXIMUM HOURS.—Paragraphs (1) and (2) SHAYS] will control 14 minutes, the every piece of fair labor standards leg- of section 7(a) of the Fair Labor Standards gentleman from Missouri [Mr. CLAY] islation that comes before us, and that Act of 1938 (29 U.S.C. 207(a)) are each amend- will control 16 minutes, and the gen- is a small business exemption. ed by striking ‘‘who in any workweek is en- tleman from Pennsylvania [Mr. GOOD- It would address a problem with gaged in commerce or in the production of LING] will control 30 minutes. small business exemption that was cre- goods for commerce, or is employed in an en- The Chair recognizes the gentleman ated by the 1989 amendments to the terprise engaged in commerce or in the pro- Fair Labor Standards Act. In 1989, duction of goods for commerce’’ and insert- from Pennsylvania [Mr. GOODLING]. ing the following: ‘‘who in any workweek is Mr. GOODLING. Mr. Speaker, I yield when the minimum wage was last in- (A) engaged in industrial homework subject myself such time as I may consume. creased, Congress agreed to increase to 11(d) and is either (i) engaged in com- Mr. Speaker, as I indicated earlier the small business exemption to merce, or (ii) engaged in the production of today, after we make the decision to $500,000. That is the law. However, the May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5535 ultimate legislation that passed inad- tee said the act is to create a more uni- exemption it is what we do in every vertently resulted in situations in form small-business exemption. This piece of legislation. Title VII of the which individual employees of small was not a committee under Republican Civil Rights Act, one of our most im- businesses could be covered, even if leadership, this was a committee under portant labor laws, exempts employers their employer was otherwise exempt, Democrat leadership. And it says the with less than 15 employees. The Amer- if their work was involved in interstate act is to create a more uniform small- icans With Disabilities Act contains commerce. In other words, one em- business exemption. Small enterprises the same exemption. The Age Discrimi- ployee might be covered while another whose total volume of sales or busi- nation and Employment Act has a larg- sitting side-by-side would not. I used nesses do less than $500,000 would no er exemption, exempting up to 20 em- the illustration all the time how silly longer be covered. ployees; the WARN Act on plant clos- this is. You have a business, and it is Now, we are talking about businesses ings, less than 100 employees; the Fam- mostly done through telephone, and where the employees are somewhere ily and Medical Leave Act legislation, you have two people sitting side-by- between 2 and 10 at the most. And if we less than 50 employees. So that is all in side. One is calling out of State, receiv- look at all the exemptions that are there now. ing one wage; one is calling in State, presently in the law, we will find that Two other areas. Computer profes- receiving a different wage. there are not that many left because sionals. This is the law at the present Not only that, if you are calling in the self-employed do not fit, we cannot time. I am merely restating that law State one day, you have to keep a find any chain restaurant that fits into indicating that if they are making 6.5 record because you get a different wage any kind of exemption because they all times the minimum wage, they do not then, and the next day you are calling make more than $500,000, and we can- qualify; therefore, they are at $50,000, out of State, you have to keep that not take the white-collar workers be- $55,000 a year. That is not who we are record so that as a matter of fact, you cause they are exempted. talking about in this minimum wage do not get in trouble under the Fair And so the whole argument that we debate, and so we continue that. Labor Standards Act. are talking about millions of people is If the amendment is not included, This is what they tried to correct in just nonsense. then any minimum-wage increase of $1 1989. They go on to say, in eliminating would mean they are up another Now, let me tell you, as I have up several confusing tests to determine $13,500. The amendment simply main- here, I have Mr. Espy’s Dear Colleague applicability of the act to various in- tains the current exemption level for letter, and I say that my amendment dustries, the committee continues to 6.5 times $4.25, or $27.63 per hour. restores what was the intention of Con- demonstrate its support for the prin- I did mention the opportunity wage, gress when the small business exemp- ciple of a true small-business exemp- and, again, it is a starting wage. It tion was increased in 1989. In fact, it tion. The committee believes, and would remain at the $4.25, the current uses language that was developed by again, this is not our committee I am level, and it is for those under 20 years Representative Espy. talking about, I am talking about a of age and it is for the first 90 calendar I might also point out that that leg- Small Business Committee chaired by days. islation was endorsed by the arch con- the Democrat Party, the committee be- Mr. Speaker, I reserve the balance of servatives, the gentleman from Wis- lieves that the increase in the mini- my time. consin [Mr. KLECZKA], the gentleman mum wage to restore the eroded value Mr. CLAY. Mr. Speaker, I yield my- from New York [Mr. OWENS], the gen- of the wage should be accompanied by self 3 minutes. tleman from West Virginia [Mr. RA- a commemsurate increase in the enter- Mr. Speaker, the Goodling amend- HALL], more arch conservatives, the prise test threshold. ment effectively denies an increase in gentleman from New York [Mr. Representative Austin Murphy, the the minimum wage to millions of cur- SERRANO], the gentleman from Mis- chairman of the relevant subcommit- rent workers and denies minimum- souri [Mr. VOLKMER], and the gen- tee, stated, Our substitute sets the ex- wage and overtime coverage to mil- tleman from Indiana [Mr. VISCLOSKY]. emption ceiling at $500,000 for all busi- lions of new workers. Mr. VOLKMER. Mr. Speaker, will the nesses, with the exception of hospitals The small-business exemption elimi- gentleman yield? The gentleman used and other care facilities currently out- nates minimum-wage and overtime my name. lined in section 3(s)(5) of FLSA, which, coverage for more than two-thirds of Mr. GOODLING. Mr. Speaker, I will incidentally, is unchanged by my all businesses in this country. It guar- not yield. I did not use the gentleman’s amendment. antees that more than 10 million cur- name in vain. I just used his name as it By the way, let me emphasize that rent workers will derive no benefit was written in black and white. existing employees, as I said before, from future increases in the minimum The SPEAKER pro tempore. The gen- are grandfathered. wage. Employees in the garment indus- tleman from Pennsylvania controls the So we have a lot of talk about that try sweatshops, farm workers, and time. particular part of my en bloc amend- workers in sheltered workshops are b ment which is more talk than sub- among those who will ultimately lose 1330 stance. overtime protection if the Goodling I have improved upon his legislation We have two other areas that we cov- amendment passes. initiative because I have grandfathered ered. In those two areas, one deals with An estimated 3 million workers in all of these people who are now inad- an opportunity wage. the retail industry and another 4.5 mil- vertently receiving this money. So If Members will remember, in the lion in the service industry would be when someone tells us someone is last increase in minimum wage, in- exempted from the minimum wage and going to lose money, they are not cluded in that legislation was an oppor- overtime law. Sixty-seven percent of going to lose money because they are tunity wage or a training wage. That all retail firms, and an astounding 78 grandfathered. They are going to con- was two 60-day opportunities. This is percent of all service firms are exempt- tinue to receive the inadvertent in- much better because this says 90 cal- ed by this amendment. creases that they presently receive. endar days, one time. Not two at 120 Mr. Speaker, I doubt that this legis- They are grandfathered. total, not two at 120 working days. lation would pass the Senate, and I ex- Not only are they grandfathered, I Ninety calendar days, which gives pect that if it gets to his desk with the improved the legislation because I them that opportunity to move up the small-business exemption attached, made it very clear that they cannot ladder of success and gives the business that the President will veto the bill. I, dismiss someone to get around and the opportunity to train those that I for one, will not support final passage have some kind of a loophole. So it is was talking about; no skills, poor edu- of this bill if this provision is part of improved legislation. cation, dropouts. They have that op- the bill. But there were 67 Democrats, there portunity to train and move up that The rest of the Goodling amendment were 90 Republicans that sponsored ladder of success. is not much better. The so-called op- that, and we have a whole history of I want to make sure Members also portunity wage provides that for the what the committee said. The commit- understand that in the small-business first 90 days of employment, 16- to 19- H5536 CONGRESSIONAL RECORD — HOUSE May 23, 1996 year-olds can be paid only $4.25 an $5.15, that we will have another 16 mil- minimum wage, would have to come hour. The provision includes no assur- lion who will be positively affected in out of tips that they earned through ance that teenagers will receive train- addition to the 4 million. But over half, the generosity of their customers. ing, and the provision is not limited to over half of those individuals, over I come from a city that has been a teenager’s first job. time, will be exempted from the mini- claiming to be the most generous in Finally, an employer would have a mum wage. the Nation. However, I would not want powerful incentive to hire teenagers So we as proponents are encouraging anyone to have to be dependent upon looking for extra spending cash at the an increase of the minimum wage at the tips of those whom they serve to be expense of workers who are seeking the same time we are opening a very the principal basis for their increase in jobs to support their families. The sub- large door in which too many people, the minimum wage. I think it is wrong, minimum wage will trap young, low- regretfully, will be exempt from the and I think it is a step in the wrong di- wage workers in subminimum employ- minimum wage and the 40-hour work- rection. ment. week with time-and-a-half. I also think that when we look at the The Goodling amendment also denies So, Mr. Speaker, I respectfully re- broad base of this exemption for small tipped employees any benefit from the quest that those Members who had businesses, that I agree with my col- increase in the wage. It is the employee voted for, one, to consider the mini- league, the gentleman from Connecti- who will effectively pay for this in- mum wage, when they voted to allow cut [Mr. SHAYS], that it is just too broad. crease out of his own tips. Yet these the Riggs amendment to come to the workers, among those most in need of floor, and those 77 who voted for the b 1345 a minimum-wage increase, are not only Riggs amendment, will be willing to Mr. SHAYS. Mr. Speaker, I yield 2 denied this increase but are denied fu- vote potentially ‘‘yes’’ on the first minutes to the gentleman from New ture increases as well under the Good- vote, a, b and c, but a definite strong York [Mr. QUINN], primary proponent ling amendment. ‘‘no’’ on part d, the $500,000 exemption. of increasing the minimum wage. Mr. Speaker, we should not take two Mr. Speaker, I reserve the balance of Mr. QUINN. Mr. Speaker, I would steps back in order to take one step my time. like to go on record as opposing the forward. We should not turn our backs Mr. CLAY. Mr. Speaker, I yield such Goodling amendments, and in particu- on millions of hard-working Ameri- time as he may consume to the gen- lar take a few minutes to talk particu- cans. I urge my colleagues to defeat tleman from Massachusetts [Mr. larly about Goodling 2. That is the the Goodling amendment. OLVER]. amendment that deals with the $500,000 Mr. Speaker, I reserve the balance of (Mr. OLVER asked and was given small business exemption. my time. permission to revise and extend his re- Mr. Speaker, people who work a 40- PARLIAMENTARY INQUIRY marks.) hour workweek ought to earn a livable Mr. SHAYS. Mr. Speaker, before Mr. OLVER. Mr. Speaker, I rise in wage. This amendment in my mind yielding myself time, I would like to opposition to the amendment. would deny that. Over 3,000,000 Amer- ask a parliamentary inquiry of how the Mr. Speaker, Americans have spoken loud ican businesses, two-thirds of all the speaker intends to divide the question. and clear: 80 percent of them say raise the businesses in our country, have an an- It is my understanding that there are minimum wage. Raise it now. And make it a nual income under $500,000. These busi- 1 four parts to this bill and there will be clean, uncomplicated vote. nesses employ 10 ⁄2 million workers. two votes. But, the Republican leadership finally found That is more than 10 percent of all the The SPEAKER pro tempore. The gen- a way to frustrate the wishes of 80 percent of workers in America. I think, Mr. tleman is correct. The Chair will state the people. Speaker, that, if we have worked as his intention with regard to putting This amendment is a laundry list designed hard as we have worked, we had a bi- the question on the amendment pre- to exclude millions of Americans from receiv- partisan vote just a few months ago sented by the gentleman from Penn- ing a deserved wage increase. where over 70 Republicans supported the Riggs-Quinn-English-Martini mini- sylvania [Mr. GOODLING]. It won't apply to restaurant employees. It The amendment will be divided into won't apply to anyone under age 20 during the mum wage vote, we are headed in a bipartisan direction right now. I would two parts on the question of its adop- first 90 days of a new job. It won't apply to urge any of our colleagues who are lis- tion. The Chair intends first to put the employees of small businesses that do inter- tening to the debate, any who have question on agreeing to the first part state business. And it won't apply to many been involved these last 2 or 3 weeks, I of the amendment comprising sub- high-technology employees eligible for over- would urge a ‘‘no’’ vote on the Good- time pay. sections (a), (b) and (c) of the new sec- ling 2 amendment. A raise in the minimum wage is supposed to tion that is proposed to be added to the In my estimation, and others who bill by the Goodling amendment. benefit all workers. It is supposed to help low- have worked hard on the original bill Thereafter, the Chair will put the income employees provide for themselves and that was dropped about 2 or 3 weeks question on the last part of the amend- their families. It is not supposed to exclude ago, maybe a month ago, we would ment, adding a subsection (d). millions from the increase they desperately simply undo everything we have done Mr. SHAYS. I thank the Speaker for need. by passing the minimum wage. We answering my parliamentary inquiry. Under this Republican amendment, special would exempt the very workers we are Mr. Speaker, I yield myself such time interests are the sole beneficiaries. And it is trying to help, the people that many as I may consume. the worker and her family that are being hurt times are not represented by organized The proponents of the minimum again. labor. They are not represented by any- wage on this side of the aisle have Mr. CLAY. Mr. Speaker, I yield 1 body in most cases but the Members asked for time and have graciously re- minute to the gentleman from Penn- who vote in this House and the Mem- ceived it from my colleague, and I sylvania [Mr. FATTAH.] bers who will vote in about 45 minutes. thank him very much for giving us this Mr. FATTAH. Mr. Speaker, I rise in Mr. Speaker, I urge a not vote on the time to express general support for sec- opposition to the Goodling amend- Goodling amendments and in particu- tions a, b and c of this amendment, but ments in its total form. lar Goodling 2, which will be the small in opposition to part d, which is the I think even though the House should business exemption. $500,000 exemption for small businesses. be commended for the action that we Mr. CLAY. Mr. Speaker, I yield 2 Our concern, very plainly put, is we have taken in the majority to raise the minutes to the gentleman from Mary- think it is too broad. We believe that minimum wage, the Goodling amend- land [Mr. HOYER]. there are basically about 4 million peo- ments would show us how quickly we Mr. SHAYS. Mr. Speaker, I yield 1 ple receiving the minimum wage today can slip backward. minute to the gentleman from Mary- and of that number about half are af- I do not believe we should be making land [Mr. HOYER]. fected by the $500,000 or less. those people who are employed and The SPEAKER pro tempore (Mr. We believe that, ultimately, that part of their compensation is in tips, WALKER). The gentleman from Mary- when we increase the minimum wage, requiring that the totality of what land [Mr. HOYER] is recognized for 3 if we are successful, to the number of would, in effect, be this increase in the minutes. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5537 (Mr. HOYER asked and was given Small enterprises whose total volume of Mr. LEWIS of Georgia. Mr. Speaker, permission to revise and extend his re- sales or business done is less than $500,000 this debate today was supposed to be marks.) would no longer be covered. In eliminating about raising the minimum wage— Mr. HOYER. Mr. Speaker, I rise in several confusing tests to determine applica- about raising the minimum wage— bility of the act to various industries, the support of my Republican colleague committee continues to demonstrate its sup- about giving hardworking people at the who just spoke in a bipartisan way. We port for the principle of a true small business bottom of the economic ladder a little just voted 266 to 162 to raise the mini- exemption. bit more in their paycheck each week. mum wage so that we can get it up That is what Democrats said in 1989, But it is not. The Republican majority from a 40-year low. After months of when we had the small business discus- has turned this into a bill repealing the pressure, this House will vote on rais- sion. That is what I am saying today, minimum wage. The Goodling amending the minimum wage in just a few exactly what they said then. I have not ment would do away with the mini- minutes. changed my stripes. mum wage for as many as 10 million At a time when the minimum wage is Mr. SHAYS. Mr. Speaker, I yield 2 working people. If your employer at its lowest buying power in 40 years, minutes to the gentleman from Massa- wants to pay you $2 an hour, that is we will vote to compensate millions of chusetts [Mr. TORKILDSEN]. okay with the Republicans. women and men for their hard work to Mr. TORKILDSEN. Mr. Speaker, I My colleagues, what the Republicans support themselves and their families. would like to speak in favor of some of are doing on this floor today is a shame We talk about being family friendly. the provisions the gentleman from and a disgrace. It is obscene. You ought Nothing is more family friendly than Pennsylvania [Mr. GOODLING] has of- to be ashamed of yourselves. Where is allowing wage earners to support them- fered but against the provision which your sense of common decency? What selves and their children to make work would exempt all companies with less you are doing today is not only unfair pay in a meaningful way. We will vote than $500,000 in gross sales. and unjust—it is un-American. to make work pay more than welfare. One of the speakers previously said We should be here to raise the mini- Today should be a joyful day for mil- that if the first Goodling amendment mum wage, not repeal it. If ever there lions of American workers, but what went through, that people who are was an issue that defined Democrats the Republican Congress giveth with computer programmers would not get and Republicans, this is it. Democrats one vote, it taketh away with two oth- overtime. That is clearly not the case. believe that if you work hard 40 hours ers. Yet again, we have a situation in What the amendment says is, if you a week, you should not have to live in which we may give with one hand and make more than $27.63 an hour, you poverty. Republicans, extreme Repub- take away with the other. These are would not qualify for overtime. We licans, believe in repealing the mini- two of the most cynical amendments, hare having a debate on the minimum mum wage. If people live in poverty— very frankly, and I say it with respect, wage. That is appropriate. But some- so be it. Today the extremist Repub- that I have seen. While we raise the one who is making $27.63 an hour is not lican majority has shown its true col- minimum wage with one amendment, a minimum wage worker. It is a very ors. another amendment would repeal it for different argument here. That provi- What you are doing today is wrong. I 10,000,000 workers, leaving them with sion simply clarifies an oversight in a know it is wrong. You know it is no minimum wage protection at all. previous bill which said that if you wrong. And the American people know If you are a waitress spending long made $27.63 an hour, you still received it is wrong. days on your feet to keep your family overtime. Mr. GOODLING. Mr. Speaker, I yield off welfare, the Goodling amendment I think most people would say if you 3 minutes to the gentlewoman from means that you will not get an in- are making that much money, if you Kansas [Mrs. MEYERS], chairman of the crease in your wages. You will not get are making $50,000 a year, it is not the Committee on Small Business. an increase in your wages. If you are same as being a waitress or a waiter, it (Mrs. MEYERS of Kansas asked and doing computer work during the day to is not the same as working at a con- was given permission to revise and ex- put yourself through school, these venience store or fast food restaurants. tend her remarks.) amendments mean that you will not be Clearly overtime for someone making Mrs. MEYERS of Kansas. Mr. Speak- paid for the overtime you work. These $50,000 or more each year is not the er, last Wednesday, May 15, the Com- amendments will exempt thousands of same as those entry-level workers mittee on Small Business held a hear- small businesses from the most basic making a very, very minimal wage. ing to listen to the concerns of small child labor laws and worker protec- I think the other provisions are rea- business owners who would be faced tions. That does not mean they will be sonable as far as they go. Waiters and with some very unfavorable choices if violated, but they will lose the protec- waitresses who are making less than the minimum wage is increased—deny- tion. $5.15 an hour would see their wages in- ing unskilled workers the opportunity Mr. Speaker, American workers are creased. I think it is important that to learn a job and build their skills, not dumb. As a matter of fact, they are that be stressed because it is being and reducing hours for those currently pretty smart. They see that the Good- glossed over in the debate. Everyone on their payroll, to make the ledger ling amendments would leave this min- would have to make at least that $5.15 balance at the end of the week. imum wage bill as a minimum wage per hour. That is something that has to One of our witnesses, Mr. Taalib-Din emperor who has no clothes. I urge my be insisted on as well. Uqdah, owns a business here in Wash- colleagues to vote against the Goodling The training wage for 90 days, I think ington, DC, called Cornrows and Co. He amendments. Let us pass a meaningful this is a reasonable compromise. The started his business in 1980 with $500. increase in the minimum wage for the original proposal was to have an open- He now employs 12 full-time people, in- first time in 7 years. ended training wage. I would have cluding himself and his wife, and gross- Let us reward work, make it pay, voted against that. But to say for just es about $500,000 annually. He said in make sure that when people get off 90 days for teenagers, the people who very clear, plain terms that an increase welfare, they can support themselves really do need some job skills, I think in the minimum wage will force him to and their children. That is oppor- is a reasonable compromise, and I deny job opportunities to those in our tunity. That is the American dream. think that is worthy of support, too. community that need it the most. Let us act today to make it reality for However, I will repeat my opposition If we mandate an increase in the millions of Americans. to the provision exempting all small minimum wage without a useable Mr. GOODLING. Mr. Speaker, I yield businesses with less than $500,000. I small business exemption, he cannot myself 45 seconds. think that is too open-ended a bill. I afford to hire unskilled applicants at Respected by cynical. Let me point would urge my colleagues to vote the minimum wage. The cost of their out, here is what the Democrats said ‘‘yes’’ on the first three and ‘‘no’’ on employment would be too great, mak- they were doing for small business in the final provision. ing it more cost-effective for him to 1989, from the committee report, Mr. CLAY. Mr. Speaker, I yield 2 hire a skilled worker. agreed to by many of the Democrats minutes to the gentleman from Geor- The amendment offered today by speaking here today. They said: gia [Mr. LEWIS]. Chairman GOODLING would allow only H5538 CONGRESSIONAL RECORD — HOUSE May 23, 1996 very small businesses to use the ex- to go to work? Where are the jobs? I Mrs. ROUKEMA. Mr. Speaker, I emption passed in 1989. The Federal would suggest that a lot of businesses would express my support for the train- definition of small business generally could take advantage of that situation ing wage provision as part of the Good- includes businesses with gross receipts by saying to the person who has no ling proposal, but unfortunately I can- of $3 million a year. The standard in choice, ‘‘We will offer you $2 an hour, not support his whole proposal. Fortu- this exemption is just a portion of the come work for us, and incidentally, if nately, there are going to be two votes small business community—the true you are going to work 10 or 12 or 14 on this. Mom and Pop operations on Main hours a day, no overtime.’’ I just do not I would like to point out that the Street America. And the protections think that is right. training wage, I think as it was called built into the amendment for those Second, I think the 90-day training back in 1989, is certainly a vital way, currently earning the minimum wage wage period is wrong. I think in many particularly for small businesses who results in 250,000 to 350,000 workers cases we are going to have dad losing would otherwise struggle with the min- being affected, not the millions sug- his job and the son taking the job. I imum wage, and I do support that, and gested by some Members of this body. think it is going to be taken advantage as I have said, fortunately there are I am amazed by the current lack of of. We know throughout history that going to be two votes here, my col- concern for very small businesses, and these things happened. We wished they leagues, so that we can express our for the hard-to-employ in our society, did not, but they do. support for the training wage, but I by some of my colleagues. Just 5 years Mr. GOODLING. Mr. Speaker, I yield must absolutely oppose the small-busi- ago, 150 Members of this House cospon- 2 minutes to the gentleman from Illi- ness exemption in this proposal. sored legislation to make the exemp- nois [Mr. FAWELL], a member of the I think it is a poison pill and effec- tion for small businesses effective for committee. tively will kill the minimum wage pro- Mr. FAWELL. Mr. Speaker, I thank those grossing $500,000 a year or less. posal, not only because the President Contrary to what many believe, an the gentleman for yielding this time to will probably veto it on that ground, me. increase in the minimum wage in- but also because the small-business ex- I simply want to emphasize the fact creases the number of people on wel- emption nullifies the increase in the that I believe that what the gentleman fare. It increases the number of people minimum wage for than half of the from Pennsylvania [Mr. GOODLING] has workers currently. on welfare. That was the experience na- presented in all four of these amend- So I reluctantly oppose it, but it tionally, after Congress increased the ments are very reasonable ones, and I would significantly reduce the number minimum wage in 1988, and a study think also that I can say that when the of workers who are covered by the min- conducted by Peter Brandon of the minimum wage provision passes, as ap- imum wage. University of Wisconsin on the welfare parently it will pass as a part of this I would also like to point out that rates of States that increased their legislation, that we will have a better the exemption would also exempt the minimum wage showed that the aver- minimum wage law, and that basically overtime provisions of the Fair Labor age time on welfare was 44 percent is what we are all looking for. longer than in States that did not in- All of these amendments that are Standards Act, and I do not find that crease their minimum wage because being suggested are traditional amend- viable. fewer entry level jobs are available. ments that have been attached in the Mr. GOODLING. Mr. Speaker, I yield I urge the body to support Goodling past to minimum wage and overtime 1 minute to the gentleman from Ne- 2. provisions. There is nothing new and braska [Mr. BARRETT]. Mr. BARRETT of Nebraska. Mr. b 1400 startling, and when I hear some of the Members talk so emphatically and to Speaker, I thank the gentleman from Mr. SHAYS. Mr. Speaker, I yield 11⁄2 seem to indicate that the end of the Pennsylvania [Mr. GOODLING] for yield- minutes to my colleague, the gen- world is coming if we do not, for in- ing this time to me. tleman from New York [Mr. BOEH- stance, refuse to add the small-business Mr. Speaker, I rise in reluctant sup- LERT]. exemption that the gentleman from port of the Goodling amendment. With- (Mr. BOEHLERT asked and was given out the Goodling amendments’ 90-day Pennsylvania [Mr. GOODLING] has pre- permission to revise and extend his re- sented, I just cannot quite understand opportunity wage for teenagers, I do marks.) why they are reacting the way they are have some fear that those who are try- Mr. BOEHLERT. Mr. Speaker and my reacting. ing to save for college or just entering colleagues, I reluctantly rise in opposi- As has been pointed out by others, the workplace and have no job skills tion to the Goodling amendments. I the small-business exemption for busi- will be denied new job opportunities, wish it were not so, but I think the nesses that have gross receipts of under and without the amendment, strug- weight of evidence compels me to do $500,000 is an established part of the gling small businesses will have in- so. I think they are well-intended provisions right now of the Fair Labor creased costs and might very well force amendments, but the fact of the mat- Standards Act. The only problem is many of them to close their doors. ter is the threshold exemption for that they have been undercut by what With the Goodling amendment, busi- small businesses of annual sales of everybody, I think unions and everyone nesses with less than $500,000 in annual $500,000 or less would really exempt 10 else, recognizes as an inadvertent error income would be exempt from the min- million workers from minimum-wage or a scrivenor’s error in 1989 when, as a imum wage requirements, and with the standards under the Fair Labor Stand- result of what I call the interstate Goodling amendment millions of jobs ards Act, would exempt them from clause came into being, and any em- for teenagers will be saved. With the many provisions for overtime com- ployee, small business or not, I gather, amendment, struggling small busi- pensation, and I do not think that is is going to be subject to the interstate nesses and the jobs that they create right. I think we could end up with clause. If they are doing any business, would also be saved. some people earning a couple of dollars that might put them under the inter- As many have said today, Mr. Speak- an hour. state clause, such as answering the er, a minimum-wage increase costs Now, my colleagues may say that is telephone on a long-distance call, that jobs and raises prices, and as the House farfetched and that would not happen. they would be subject to that. appears willing to make a very costly Let me tell them how it would happen. Suffice it to say these are all very mistake, the Goodling amendment is We are determined in this Congress to reasonable amendments. I would cer- the only life preserver available for end welfare as we know it if we can get tainly urge my colleagues to endorse struggling small businesses and low- the President’s cooperation. One of the them. skilled labor. provisions of the bill that everyone Mr. SHAYS. Mr. Speaker, I yield 11⁄4 Mr. Speaker, I would urge my col- seems to focus on is that we are not minutes to the gentlewoman from New leagues to support the Goodling going to be on welfare in perpetuity. Jersey [Mrs. ROUKEMA]. amendment. There will be a time certain when peo- (Mrs. ROUKEMA asked and was Mr. SHAYS. Mr. Speaker, I yield 2 ple will have to go off of welfare. Then given permission to revise and extend minutes to the gentleman from Califor- the question is, where are they going her remarks.) nia [Mr. RIGGS], one of the primary May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5539 sponsors of the minimum wage who in- But she has something that we can- Mr. SAXTON. Mr. Speaker, earlier troduced the bill along with the gen- not take away from her. She has the today I said that I had supported the tleman from New York [Mr. QUINN], pride of work, and her kids are proud of increase in the minimum wage in 1991. and the gentleman from New Jersey her also because instead of taking wel- I did so primarily because the people [Mr. MARTINI], and the gentleman from fare, she has chosen work over welfare, who earn the minimum wage in my Pennsylvania [Mr. ENGLISH]. she has chosen to be a good role model part of the country are, by and large, Mr. RIGGS. Mr. Speaker, I thank the for her kids. Like 12 million other peo- people who are age 20 and younger. gentleman for yielding this time to me, ple who work for the minimum wage They do that because in the summer- and I find myself in a somewhat awk- today, she believes that her hard work time, our tourism industry has a fair ward position of both supporting and is going to pay off for her in the end. demand for young people to come to opposing my chairman, the distin- But instead of helping her build a the New Jersey shore in the summer to guished chairman of the Committee on better future for herself and her chil- take jobs that customarily pay the Economic and Educational Opportuni- dren, instead of rewarding her decision minimum wage. ties. to choose work over welfare, this Con- I thought I was doing the right thing First of all, I very much support the gress on occasion has had so little re- for them, so I voted to increase the Goodling amendments that deal with spect for the hard work that she does minimum wage. I found, however, that the tip credit, the opportunity of train- that today we are trying actually to in talking to employers, those employing wage and the computer professional give her a pay cut. ers, during those summers in the inter- changes to the Fair Labor Standards For 4 months some on this side of the vening time, hired less teenagers than Act. The first two items, I think, go a aisle, not all, but some, have tried to they had previously because we in- long ways toward addressing the con- block us every step of the way as we creased the cost of that labor. cerns of small business owners and have tried to raise the minimum wage, This chart on my left demonstrates, I business franchisees, especially those and now that the public pressure has think, conclusively, just as 12 studies who happen to own convenience res- become so great that it has forced that I pointed to earlier, that increas- taurants, and I heard that from some them to act, now that we have actually ing the minimum wage hurts teenagers of the convenience restaurant owners a few minutes ago voted to raise the more than it does any other segment of in my congressional district. minimum wage by voting for Mr. our society. This chart shows, on the But on the second item, the small- red line, what the pattern of the mini- RIGGS’ amendment by 90 cents, they business exemption, I have to oppose now are coming back with an amend- mum wage has been. In the middle that exemption. I believe it is overly ment which will try to repeal the mini- 1980s it was quite high. It eroded be- broad. If we are going to grant a small- mum wage for literally millions of cause of inflation during the late 1980’s. business exemption under the Federal Then we increased the minimum wage, Americans who are working today, minimum-wage requirement, it ought as the line shows, in 1991. Then it began many like that mother I have just de- to apply only to businesses that are in to erode again because of inflation. a startup mode during that first year scribed to my colleagues. The blue line shows the unemploy- Make no mistake about it. This or two of operation when the survival ment rate of teenagers. Just as the of the small business is so tenuous. amendment repeals the minimum wage minimum wage requirements de- So I have to oppose the small-busi- for millions of American workers. creased, the number of young people ness exemption as overly broad, as de- Mr. Speaker, we cannot raise the who are unemployed also decreases; or, feating, as many speakers have already minimum wage by repealing it. But said the other way around, the number said, the primary purpose of the mini- that is exactly what they are trying to of young people who are employed in- mum wage increase, and I would urge do today. Instead of creating incentives creases. There is a parallel track that my colleagues on the division of the for work, this amendment creates more goes along. question, vote for the first Goodling sweatshops, it lowers wages, it lowers When we raised the minimum wage amendment, but vote against the sec- living standards for millions of Ameri- in 1991, the rate of unemployment for ond Goodling small-business exemption cans. teenagers shot up and spiked as well. amendment. Is this really what we want to do? Is Of course, the same is true, the same Mr. CLAY. Mr. Speaker, I yield 41⁄4 that the message that we are trying to downward trend is then true later. I minutes to the gentleman from Michi- send today in honor of work in this say to my colleagues on both sides of gan [Mr. BONIOR], the whip. country, that hard work does not pay, the aisle, these are facts. This is not a Mr. BONIOR. Mr. Speaker, I thank that 60 minutes of sweat and toil and feel-good vote, this is a factual vote my colleague for yielding this time to bone-aching work are not even worth that we need to take very seriously. me, and let me just commend my col- $4.25 an hour? Mr. GOODLING. Mr. Speaker, I yield leagues for the debate that we are hav- Mr. Speaker, the last time I checked, 2 minutes to the gentleman from Cali- ing today and for those on the side of 85 percent of the American people said, fornia [Mr. CAMPBELL]. the issue on the Republican side of the ‘‘Raise the minimum wage, not repeal (Mr. CAMPBELL asked and was aisle who are agreeing with us that we it.’’ The American people do not want given permission to revise and extend need to defeat particularly Goodling us to return to the sweatshop days of his remarks.) amendment No. 2. old in the present. We want that ended. Mr. CAMPBELL. Mr. Speaker, the I want to talk about that family They want us to raise wages, not roll computer professionals’ exemption is today out there in America who would them back. very simple and does deserve be affected by this, Mr. Speaker. I urge my colleagues, let us have everybody’s support. Here it is. Under Mr. Speaker, somewhere in America some respect for working people in this the Fair Labor Standards Act, if you today there is a young mother who got country, let us take some pride in the make 61⁄2 times the minimum wage, up early, got her kids out of bed, got people who believe enough in them- then the time-and-a-half provisions no them breakfast, got them ready for selves and enough in their futures to longer apply. But, since we increased school, and then she went out to catch choose work over welfare. These people the minimum wage, we suddenly have the early bus, and she is going to work have big dreams, but they do not have kicked up this threshold. So here is a hard, long day, either taking care of big voices. They are counting on us to how the numbers work out. If you are our parents at a nursing home or clean- speak up for them today because, if we presently making $55,000, the time-and- ing tables at a diner, or stitching but- do not, nobody else will. a-half provisions do not apply. But tons in a factory with 100 degree heat, I urge my colleague to say ‘‘no’’ to after today, unless we amend the bill, and at the end of the day she is going this amendment, say ‘‘no’’ to repeal. if you are making up to $68,500, time- to go home, she is going to be bone- Help us raise the minimum wage. and-a-half still applies. tired, she is going to make dinner, she What is the effect of that? It is time- b is going to do homework with her kids, 1415 and-a-half for people who are not doing and then she is going to put them to Mr. GOODLING. Mr. Speaker, I yield badly in our society, and if you are bed. Tomorrow she is going to get up, 2 minutes to the gentleman from New working 50 hours a week, that is rough- and she is going to do it all over again. Jersey [Mr. SAXTON]. ly an 8 percent increase of the total H5540 CONGRESSIONAL RECORD — HOUSE May 23, 1996 cost of hiring you in America. For a 60 fairly impacted. They ought to have That small business exclusion policy hour week it is going to be a 17 percent the same benefits of the $500,000 exemp- is law now. It has been broadly sup- increase. These jobs have, can, do, and tion that somebody living in the ported by Republicans and Democrats will go offshore. This amendment, to central part of Connecticut, the central over many years. While I do not quite me, is awfully compelling. part of Pennsylvania, the central part agree with the fix that is being offered Mr. Speaker, I want to conclude and of Missouri ought to have; no more, no to deal with some of its problems, it is take my last minute with an over- less. That is all this is about. misleading to imply that the small whelmingly strong endorsement of the So can we cut out all the rhetoric business exemption is controversial. opportunity wage offered by the gen- about the fact that we are somehow Such exaggerated statements as these tleman from Pennsylvania [Mr. GOOD- going to deny all these people the mini- that have been made on the floor LING]. I support all of his amendments, mum wage protections they have today, simply mislead rather than en- but let me say how strongly I support today? You know and I know that the lighten the public and our colleagues. the opportunity wage. Please, whatever Goodling amendment does not exclude Mr. Speaker, I strongly support the doubt there may be as to the overall ef- one person who today has that mini- first Goodling amendment and passage fect of the minimum wage, though to mum wage from getting anything of the minimum wage increase. me that is not in doubt, it does cost lower. It does not allow that family Mr. SHAYS. Mr. Speaker, I yield my- jobs; there is no doubt that it costs business to displace them. The only self the balance of my time. jobs for teenagers. thing the Goodling amendment says is Mr. Speaker, I first want to thank I am going to cite two studies. Pro- that those of us who happen to be my colleague, the gentleman from Mis- fessor Stiglitz has been cited often. I Members of Congress from border dis- souri [Mr. CLAY], for yielding me 14 refer to his text once again, where he tricts, that we can provide our family- minutes of his 30 minutes. It was a says, ‘‘With the current level of mini- owned businesses the same flexibility very gracious effort at bipartisanship mum wage, only the very unskilled in- and the same geographic equity that which I want to thank him for. dividuals are affected * * *. In the the rest of you have. Vote for Goodling I also want to thank the leadership of United States, perhaps the major un- I and vote for Goodling II. my party for allowing us to have very employment effect of minimum wage is Mr. GOODLING. Mr. Speaker, I yield honest debates on all these issues, and 2 minutes to the gentlewoman from on teenagers. to have the opportunity to debate our The other is a 1981 study done by Connecticut [Mrs. JOHNSON]. feelings as strongly as we feel. I believe Mrs. JOHNSON of Connecticut. Mr. Congress, under the control of the with all my heart and soul in increas- Speaker, I thank the chairman of the other party, which found that a 10 per- ing the minimum wage, and while I committee for yielding time to me, and cent increase in the minimum wage re- have little concern about the Goodling I congratulate the gentleman from duced teenager employment by be- amendment, the first part, his three Pennsylvania [Mr. GOODLING] and the tween 1 percent and 3 percent. These positions on A, B, and C, I urge a Republican leadership for allowing this strong no vote on part D, the $500,000 studies are not in doubt. Please sup- vote on the minimum wage, but in ad- port the Goodling amendment to give dition rising to the greater challenge of exemption. Mr. Speaker, I just would like to teenagers at least this much relief looking at the minimum wage in the point out to my colleagues, before 1989, from the minimum wage. context of this Nation’s need to Mr. GOODLING. Mr. Speaker, I yield businesses that were retail services strengthen the small business sector, 2 minutes to the gentleman from Wis- the only sector that is creating jobs. that gross $362,000 or less were excepted consin [Mr. GUNDERSON], a member of Mr. Speaker, as we move forward, from the minimum wage. All other the committee. and yesterday’s tax package was a big businesses had to have a business of (Mr. GUNDERSON asked and was step in the right direction, we have to $250,000 or less, and they did not allow given permission to revise and extend recognize the reality that productivity for interstate commerce. his remarks.) and quality are the ultimate guaran- When I voted for the increase in the Mr. GUNDERSON. Mr. Speaker, I, tors of employment. So in the Goodling minimum wage, I did not vote to ex- frankly, do not understand what all the amendment, the opportunity wage al- cept the interstate business. I voted for fight is about. I have consistently lows small businesses, now required to the minimum wage, to increase it to voted for the increase in the minimum pay a higher minimum wage, to pay $500,000, and still leave in the inter- wage I think every time it has come the current minimum wage as a tem- state nonexemption. So I would con- up, the three different times during my porary training wage for teenagers tend this is not an attempt to fix, it tenure here in the Congress. Let us get while they develop the productivity simply widens it too large. that out of the way. and the quality of performance on For those 76 who voted to allow the But, Mr. Speaker, can I suggest to which the future of their employment Riggs amendment to be debated, the 77 everybody engaged in this debate, if depends. who voted for the Riggs amendment, the second part of the Goodling amend- I rise in very strong support of the the Quinn amendment, the Martini ment goes down, you still have a work opportunity wage for teenagers amendment, the English amendment to $500,000 exemption. That is in law and the computer professional fix and increase the minimum wage, voting on today. What is the difference, and what the tip credit adjustment in the Good- Goodling II in my judgment is a killer are we talking about? What we are ling amendment, because those things amendment. We do not have the votes talking about is whether or not there are all part of enabling small business to send it to the Senate if that amend- is going to be some geographic equity. to be strong and productive in a very ment passes. I urge my colleagues to Take a look at districts like my own, competitive environment, while at the vote no on Goodling II, and I urge my 220 miles along the Mississippi River, same time we assure to employees a colleagues to stay consistent with towns 400, 300, 200 population, family minimum wage that will better meet their vote to increase the minimum businesses. Who is affected by the min- their needs as full-time employees. wage. imum wage? There is not a corporation As a strong advocate of the minimum Mr. Speaker, I yield back the balance in America that is affected by the min- wage, I am urging support of the Good- of my time. imum wage. They all pay above that. ling amendment to pass a work oppor- Mr. GOODLING. Mr. Speaker, I yield The only people affected by this debate tunity wage as I strongly supported the myself the balance of my time. are those small family businesses. tax package yesterday and its work op- Mr. Speaker, as I indicated earlier, if What we are suggesting here today in portunity tax credit, to provide a wage we tell the big lie enough times we will the Goodling amendment is that subsidy for new employees needing a believe it ourselves. If we tell it more, Larry’s Lawnmower Shop in rural Wis- lot of training. But I am discouraged we will have others believe it. It is in- consin, Carol’s Catering, or Jerry’s by the almost deceptive nature of the teresting how this 1 million, 2 million, Grocery, just because they have a cus- debate around the second Goodling 30 million, 10 million, figure has been tomer that lives 2 miles down the road, amendment to reform the current law kicked around all day. As a matter of but it happens to be over a bridge in exclusion of very small businesses from fact, Mr. Speaker, in 1989 when they Minnesota or Iowa, should not be un- the minimum wage. got the figures that they needed in May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5541 order to do exactly what I am offering (Mr. GEPHARDT asked and was She said, ‘‘At the end of the month, I today, CRS said that there are 250,000 given permission to revise and extend have no money for food.’’ She said, ‘‘I at minimum wage. That is the people his remarks.) have to put a bill aside every month to we are talking about but none that are Mr. GEPHARDT. Mr. Speaker, I must pay for food for my children.’’ She said, working today, because I grandfathered say that I believe that there has been a ‘‘He got hurt in football practice, we all of those. change in the Republican Party. In wound up with an $1,000 bill.’’ She said, Now is the time, Mr. Speaker, when 1989, we had 382 votes in this House to ‘‘I can’t pay it, can’t even think about we have to think a little beyond those increase the minimum wage, and we paying it. So when the lawyers called, who are employed. Now is the time we had President Bush sign the bill. I told them you can’t get something I have to think about the unskilled. We I have great admiration for the Mem- don’t have.’’ have to think about the poorly edu- bers like the gentleman from Connecti- Then she said a friend came to her cated. We have to think about the cut [Mr. SHAYS] and others who have and said, ‘‘Go on welfare so you can get teens, and we have to think about the stood within their party and argued Medicaid.’’ She said, ‘‘I won’t go on senior citizens. What is it that we can the case for a minimum wage, and I welfare. I want to work.’’ do, now that we raise the minimum hope that many of them will vote That is what this is about. The ma- wage, to make sure that employment is against the Goodling amendment that jority leader has said he would fight available for them, to make sure they exempts so many of these people from this increase with every fiber in his are given an opportunity to improve the minimum wage, because then I being. Let me tell you, we will fight for those skills, to improve their literacy, think we have a chance to pass a bill this increase with every fiber in our to be able to be citizens who can be em- that will increase the minimum wage. being. ployed and who can make their way up But this used to be a bipartisan issue. Ms. JACKSON-LEE of Texas. Mr. Speaker, the American dream ladder? There was an understanding in our so- I rise today to voice my opposition to the I would ask Members today to forget ciety that if you worked and you did Goodling amendment. the rhetoric that they may have heard what the society asks everyone to do, It was my hope that we would not turn the and think now beyond what they have to work for a living, that you would be issue of raising the minimum wage into a polit- been concentrating on, which has been rewarded with a decent living wage. ical football. The weight of public opinion is those who are making minimum wage The Goodling amendment that exempts squarely on the side of raising the minimum now or those who are above minimum all these small businesses, in effect, re- wage, but the Republican leadership of this wage, and think only about those that peals the minimum wage for millions body could not provide a clean bill. every study has indicated will reduce of Americans. Why on God’s green Representative Goodling's amendment the availability of jobs for the un- Earth would we want to do that? would eliminate the existing provision which skilled, for the poorly educated, for the The argument is that it loses jobs. requires employers of tipped employees to teens, for the senior citizens. How does increasing the minimum pay at least 50 percent of the statutory mini- b wage or having a minimum wage lose mum wage in cash and replaces it with a pro- 1430 jobs? This argument has been made vision which locks the cash wage at the cur- Again, what I am doing in that part every time we have discussed this rent standard of $2.13 an hour. It would also 2 that they have talked about is ex- issue, and we have ever so often in- deny any automatic future increases in the actly what the majority then wanted creased the minimum wage to keep up minimum wage to those who work and earn to be back in 1989. Let me also men- with inflation. It has not lost jobs. tips as a part of their income. tion, when we are talking about a Just think about it for a minute. Do The amendment would strip the interstate $500,000 cap, when the legislation came you think anyone who gets the mini- commerce provision and allow all businesses before President Kennedy in 1961, that mum wage does not immediately spend with gross annual sales of $500,000 or less to exemption was $1 million. Translated it on paying their bills? The money not pay the minimum wage. This amendment in today’s value, that is almost $5 mil- goes right back into the economy and would go beyond the pre-1989 exemption lion. Under President Johnson in 1967, we build the economy from the bottom which exempted only employees of small re- it was $500,000, translated today to a up, not just from the top down. That tail/service establishments. This would remove value of $2.2 million. person working in the short-order res- a substantial number of previously protected Right on down the line, we are way taurant is going to pay their bills and low-wage workers such as those found in gar- below them. We are talking about buy meals in that restaurant, and pay ment industry sweatshops, industrial home- $500,000. Again it is not silly to have their electric bill and pay their housing work, and farmworkers. two people sitting in the same room bill, and that money courses through The amendment also eliminates the existing doing the same job, receiving different the economy and creates economic ac- provision exempting certain computer profes- pay, simply because one is calling tivity and builds more jobs. sionals from requirements that they receive across the line and the other is calling But putting that aside for a moment, overtime pay. This would mean that no addi- in-State? How silly must they think we do we ever want to get to a point in tional computer professionals will be protected are, or even worse, if one day they are this country where we say one type of by the Fair Labor Standards Act's time and calling in-State, they get one wage, work should be paid 50 cents an hour one-half overtime requirements. and the next day they are calling out- and something else is more valuable? In my Houston, TX, district that would mean of-State, and they get a different wage. Look at the people that would be hurt a real income drop for computer professionals I appeal to all of my colleagues, the under the Goodling amendment: Work- who would no longer be subject to this protec- minimum wage will be raised. Now let ers in manufacturing shops, insurance tion. us concentrate our efforts on helping agency employees, employees of medi- This amendment would make permanent a the most needy, the most vulnerable cal practices, security guards, garment failed experiment contained in the 1989 that we have in our entire society. We workers, building maintenance work- amendment to the Fair Labor Standards Act must think about those people, the un- ers. that expired in 1993. Where employers were skilled, the poorly educated, the teens, Are we to say that somebody that allowed on a temporary basis to pay a rate the senior citizens. carries around a bedpan in a hospital, lower than the minimum wage. This change if I encourage all to vote for both cleaning up after people in the hos- widely used would create an incentive to dis- amendments, the three en bloc and the pital, is not worth anything, that they place older workers. Paying this lower wage to one that will be voted on separately. have no meaning in their life; that only workers under age 20 for 90 days presumes As I understand, the vote will be the if you are a computer operator or an that it must cost them less to live than three first and then followed by the investment broker that you have you or me. single amendment. I again appeal to all meaning in this society? We have to These subminimum wage workers to consider the most needy, the most honor work. We have to honor people’s will not get a corresponding break in vulnerable in our entire society. contribution to this society. the cost of livings. They will still have Mr. CLAY. Mr. Speaker, I yield the We had a woman here last week who to care for their children and families balance of my time to the gentleman held up the picture of her son, talked just as they are required to do today. from Missouri [Mr. GEPHARDT], the dis- about her bills. She went through her This change in the Fair Labor Stand- tinguished minority leader. bills. ards Act would restrict these worker’s H5542 CONGRESSIONAL RECORD — HOUSE May 23, 1996 freedom to seek other employment op- who are trying to play by the rules, people Jones Nethercutt Shadegg Kasich Neumann Shaw portunities that may be presented to who work hard, people who already work long Kelly Ney Shuster them for fear of taking lower pay for a hours in difficult jobs. Kim Norwood Sisisky quarter of their first year of employ- My Republican colleagues want to gut Fed- King Nussle Skeen ment. eral safety net programs like welfare and Med- Klug Orton Smith (MI) Knollenberg Oxley Smith (TX) Some would argue that a raise in the icaid. They want to reduce eligibility for the Kolbe Packard Smith (WA) minimum wage would result in high earned income tax credit. And now they want LaHood Parker Solomon unemployment so the Goodling amend- to roll back the protection provided by the min- Largent Pastor Souder ment is a good idea. If the proposal was Latham Paxon Spence imum wage. LaTourette Payne (VA) Stearns more than a mere 90 cents divided be- I say to my Republican colleagues, the Laughlin Peterson (MN) Stenholm tween two years their might be some hardworking low-income people of the United Lazio Petri Stockman merit to that position. The real discus- States need your helpÐnot the back of your Lewis (CA) Pickett Stump Lewis (KY) Pombo Talent sion should be about supporting those hand. I ask my colleagues to reject this mean- Lightfoot Porter Tanner poor families that choose work over spirited, misguided piece of legislation. Let us Lincoln Portman Tate welfare. pass a clean minimum wage increase. Linder Pryce Tauzin The first step to moving people from Livingston Quillen Taylor (NC) The SPEAKER pro tempore (Mr. Lofgren Radanovich Thomas poverty to selfsustainment is to raise WALKER). All time has expired. Lucas Ramstad Thornberry the minimum wage for all workers Pursuant to the rule, the question Manzullo Regula Tiahrt with malice toward none. shall be divided between subsection (d) McCollum Riggs Torkildsen McCrery Roberts Upton Ms. ROYBAL-ALLARD. Mr. Speaker, and the remainder of the new section McInnis Roemer Vucanovich we just passed the minimum wage proposed by the amendment offered by McIntosh Rogers Walker amendment and now my Republican the gentleman from Pennsylvania [Mr. McKeon Rohrabacher Wamp colleagues want to take it away from Metcalf Roth Watts (OK) GOODLING]. Meyers Roukema Weldon (FL) the American worker. The question is on the first three Mica Royce Weldon (PA) The Goodling amendments are slick subsections of the new section proposed Miller (FL) Salmon Weller strategies to prevent 13 million work- by the amendment offered by the gen- Minge Sanford White ers from receiving the 90 cents in- Montgomery Saxton Whitfield tleman from Pennsylvania [Mr. GOOD- Moorhead Scarborough Wicker crease. LING]. Moran Schaefer Wolf These Republican amendments gut The question was taken; and the Morella Schiff Young (FL) the spirit of the minimum wage in- Myers Seastrand Zeliff Speaker pro tempore announced that Myrick Sensenbrenner crease by denying benefits to almost 10 the noes appeared to have it. million minimum wage workers in re- Mr. GOODLING. Mr. Speaker, I ob- NAYS—188 tail and service firms; and teenagers ject to the vote on the ground that a Abercrombie Frost Meek under the age of 20; additionally mil- Ackerman Furse Menendez quorum is not present and make the Andrews Gejdenson Millender- lions of hardworking waiters and wait- point of order that a quorum is not Baesler Gephardt McDonald resses will be exempted from the wage present. Baldacci Gibbons Miller (CA) increase. The SPEAKER pro tempore. Evi- Barrett (WI) Gilman Mink Furthermore, millions of additional Beilenson Gonzalez Moakley dently a quorum is not present. Berman Gordon Mollohan minimum wage workers will be losers The Sergeant at Arms will notify ab- Bevill Green (TX) Murtha because according to the Labor Depart- sent Members. Bishop Gutierrez Nadler Blute Hall (OH) Neal ment estimates, over two-thirds of The vote was taken by electronic de- American firms will be exempted from Boehlert Hastings (FL) Oberstar vice, and there were—yeas 239, nays Bonior Hefner Obey paying the minimum wage under these 188, not voting 6, as follows: Borski Hilliard Olver amendments. Boucher Hinchey Ortiz It is time the Gingrich Republicans [Roll No. 193] Brown (CA) Hoke Owens YEAS—239 Brown (FL) Holden Pallone stop playing games with the American Brown (OH) Hoyer Payne (NJ) Allard Chrysler Frelinghuysen worker and give them the full benefit Bryant (TX) Jackson (IL) Pelosi Archer Clement Funderburk Cardin Jackson-Lee Peterson (FL) of the minimum wage increase just Armey Clinger Gallegly Chapman (TX) Pomeroy passed by this a large majority of this Bachus Coble Ganske Clay Jacobs Poshard Baker (CA) Coburn Gekas House and which is supported by the Clayton Jefferson Quinn Baker (LA) Collins (GA) Geren American people who know workers Clyburn Johnson (SD) Rahall Ballenger Combest Gilchrest Coleman Johnson, E. B. Rangel need a raise. Barcia Condit Gillmor Collins (IL) Johnston Reed Barr Cooley Goodlatte Vote ‘‘no’’ on the Goodling amend- Collins (MI) Kanjorski Richardson Barrett (NE) Cox Goodling ment. Conyers Kaptur Rivers Bartlett Cramer Goss Costello Kennedy (MA) Ros-Lehtinen Mr. COYNE. Mr. Speaker, I rise today in op- Barton Crane Graham Coyne Kennedy (RI) Rose position to the proposed Goodling amend- Bass Crapo Greene (UT) Cummings Kennelly Roybal-Allard Bateman Cremeans Greenwood ment. Mr. Speaker, the Fair Labor Standards Danner Kildee Rush Bentsen Cubin Gunderson Act has been the law of the land since 1938. de la Garza Kleczka Sabo Bereuter Cunningham Gutknecht DeFazio Klink Sanders The minimum wage, the 40-hour week, and Bilbray Davis Hall (TX) DeLauro LaFalce Sawyer Bilirakis Deal Hamilton the other provisions of the Fair Labor Stand- Dellums Lantos Schroeder Bliley Dickey Hancock ards Act have improved the quality of life of Deutsch Leach Schumer Boehner Doolittle Hansen Diaz-Balart Levin Scott American working families immeasurably. And Bonilla Dornan Harman Dicks Lewis (GA) Serrano yet, for nearly 60 years, the Republicans in Bono Doyle Hastert Dingell Lipinski Shays Brewster Dreier Hastings (WA) Congress have attempted to fight off or roll Dixon LoBiondo Skaggs Browder Duncan Hayes back Federal laws and regulations that protect Doggett Longley Skelton Brownback Dunn Hayworth Dooley Lowey Slaughter American workers. Today's initiative is just the Bryant (TN) Ehlers Hefley Durbin Luther Smith (NJ) Bunn Ehrlich Heineman latest in a series of Republican attacks on Edwards Maloney Spratt Bunning Emerson Herger American working families. Engel Manton Stark Burr English Hilleary Evans Markey Stokes Up to 10 million Americans could lose their Burton Ensign Hobson Farr Martinez Studds right to earn a minimum wage under this Buyer Eshoo Hoekstra Fattah Martini Stupak Callahan Everett Horn amendment. This is unacceptable. Fazio Mascara Taylor (MS) Calvert Ewing Hostettler You can not live on the current minimum Fields (LA) Matsui Tejeda Camp Fawell Houghton Filner McCarthy Thompson wage. You can not raise a family on it. You Campbell Fields (TX) Hunter Flake McDade Thornton certainly can not escape poverty earning the Canady Flanagan Hutchinson Foglietta McDermott Thurman Castle Foley Hyde minimum wage. Now the Republicans want to Ford McHale Torres Chabot Forbes Inglis eliminate the modest protection that the mini- Frank (MA) McHugh Torricelli Chambliss Fowler Istook Franks (NJ) McKinney Towns mum wage provides for some of the most dis- Chenoweth Fox Johnson (CT) Frisa Meehan Traficant advantaged members of our societyÐpeople Christensen Franks (CT) Johnson, Sam May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5543 Vela´ zquez Watt (NC) Wynn Crane Hoekstra Pryce Meehan Quinn Studds Vento Waxman Yates Crapo Hostettler Quillen Meek Rahall Stupak Visclosky Williams Young (AK) Cremeans Hunter Radanovich Menendez Rangel Tanner Volkmer Wilson Zimmer Cubin Hutchinson Ramstad Metcalf Reed Taylor (MS) Walsh Wise Cunningham Hyde Roberts Millender- Regula Tejeda Waters Woolsey Davis Inglis Rogers McDonald Richardson Thompson Dickey Istook Rohrabacher Miller (CA) Riggs Thornton NOT VOTING—6 Doolittle Johnson, Sam Roth Minge Rivers Thurman Becerra Kingston Molinari Dornan Jones Royce Mink Roemer Torkildsen DeLay McNulty Ward Dreier Kasich Salmon Moakley Ros-Lehtinen Torres Duncan Kim Sanford Mollohan Rose Torricelli Dunn Klug Saxton Moran Roukema Towns b 1456 Ehlers Knollenberg Scarborough Morella Roybal-Allard Traficant Ehrlich Kolbe Schaefer Murtha Rush Velazquez Ms. MILLENDER-MCDONALD, Mr. Emerson Largent Schiff Nadler Sabo Vento SHAYS, and Mr. DICKS changed their Ensign Latham Seastrand Neal Sanders Visclosky vote from ‘‘yea’’ to ‘‘nay.’’ Everett Laughlin Sensenbrenner Ney Sawyer Volkmer Mr. MINGE changed his vote from Ewing Lazio Shadegg Oberstar Schroeder Walsh Fawell Lewis (CA) Shaw Obey Schumer Waters ‘‘nay’’ to ‘‘yea.’’ Fields (TX) Lewis (KY) Shuster Olver Scott Watt (NC) So the first three subsections of the Foley Lightfoot Skeen Ortiz Serrano Waxman amendment were agreed to. Forbes Linder Smith (MI) Owens Shays Weldon (PA) Fowler Livingston Smith (TX) Pallone Sisisky Weller The result of the vote was announced Franks (CT) Lucas Smith (WA) Pastor Skaggs Williams as above recorded. Frelinghuysen Manzullo Solomon Payne (NJ) Skelton Wilson Souder Payne (VA) Slaughter Wise PERSONAL EXPLANATION Funderburk McCollum Gallegly McCrery Spence Pelosi Smith (NJ) Woolsey Mr. DELAY. Mr. Speaker, on rollcall No. 193, Ganske McInnis Stearns Peterson (FL) Spratt Wynn I was unavoidably absent. Had I been present, Gekas McIntosh Stenholm Peterson (MN) Stark Yates I would have voted ``yea.'' Geren McKeon Stump Pomeroy Stockman Young (AK) Gilchrest Meyers Talent Poshard Stokes Zimmer PERSONAL EXPLANATION Gillmor Mica Tate NOT VOTING—8 Mr. WARD. Mr. Speaker, I was unavoidably Goodlatte Miller (FL) Tauzin absent during the recording of rollcall vote No. Goodling Montgomery Taylor (NC) Becerra Deutsch Molinari Goss Moorhead Thomas Collins (MI) Kingston Ward 193. Had I been present, I would have voted Graham Myers Thornberry DeLay McNulty ``nay.'' Greene (UT) Myrick Tiahrt Mr. SPEAKER pro tempore. The Gunderson Nethercutt Upton b 1516 Gutknecht Neumann Vucanovich question is on subsection (d) of the new Hall (TX) Norwood Walker The Clerk announced the following section proposed by the amendment of- Hancock Nussle Wamp pairs: fered by the gentleman from Penn- Hansen Orton Watts (OK) On this vote: Weldon (FL) sylvania [Mr. GOODLING]. Hastert Oxley Hastings (WA) Packard White Mr. DeLay for, with Mr. Deutsch against. PARLIAMENTARY INQUIRY Hayes Parker Whitfield Mr. Kingston for, with Mr. Ward against. Mr. CLAY. Mr. Speaker, I have a par- Hayworth Paxon Wicker Hefley Petri Wolf So subsection (d) of the amendment liamentary inquiry. Heineman Pickett Young (FL) was rejected. The SPEAKER pro tempore. The gen- Herger Pombo Zeliff The result of the vote was announced tleman will state it. Hilleary Porter as above recorded. Mr. CLAY. Mr. Speaker, my par- Hobson Portman PERSONAL EXPLANATION liamentary inquiry is, is this the small NOES—229 business poison pill amendment that Mr. DELAY. Mr. Speaker, on rollcall No. Abercrombie Dixon Jackson (IL) we are about to vote on? 194, I was unavoidably absent. Had I been Ackerman Doggett Jackson-Lee present, I would have voted `àye.'' The SPEAKER pro tempore. The Andrews Dooley (TX) Chair would not interpret the amend- Baesler Doyle Jacobs PERSONAL EXPLANATION Baldacci Durbin Jefferson Mr. WARD. Mr. Speaker, I was unavoidably ment, but would say to the gentleman Barcia Edwards Johnson (CT) that the question is on adopting sub- Barrett (WI) Engel Johnson (SD) absent during the recording of rollcall vote No. section (d) of the new section proposed Beilenson English Johnson, E. B. 194. Had I been present, I would have voted by the amendment. Bentsen Eshoo Johnston ``no.'' Berman Evans Kanjorski The SPEAKER pro tempore. (Mr. The question is on subsection (d) of Bevill Farr Kaptur the new section proposed by the Bishop Fattah Kelly WALKER). Pursuant to the rule, the pre- amendment offered by the gentleman Blute Fazio Kennedy (MA) vious question is ordered on the bill, as Boehlert Fields (LA) Kennedy (RI) amended. from Pennsylvania [Mr. GOODLING]. Bonior Filner Kennelly The question is taken; and the Borski Flake Kildee The question is on engrossment and Speaker pro tempore announced that Boucher Flanagan King third reading of bill. the noes appeared to have it. Browder Foglietta Kleczka The bill was ordered to be engrossed Brown (CA) Ford Klink and read a third time, and was read the RECORDED VOTE Brown (FL) Fox LaFalce Mr. GOODLING. Mr. Speaker, I de- Brown (OH) Frank (MA) LaHood third time. Bryant (TX) Franks (NJ) Lantos The SPEAKER pro tempore. The mand a recorded vote. Bunn Frisa LaTourette A recorded vote was ordered. question is on the passage of the bill. Cardin Frost Leach The question was taken; and the The vote was taken by electronic de- Chapman Furse Levin vice, and there were—ayes 196, noes 229, Clay Gejdenson Lewis (GA) Speaker pro tempore announced that Clayton Gephardt Lincoln the ayes appeared to have it. not voting 8, as follows: Clement Gibbons Lipinski RECORDED VOTE [Roll No. 194] Clyburn Gilman LoBiondo Coleman Gonzalez Lofgren Mr. GOODLING. Mr. Speaker, I de- AYES—196 Collins (IL) Gordon Longley mand a recorded vote. Allard Bilirakis Campbell Condit Green (TX) Lowey Archer Bliley Canady Conyers Greenwood Luther A recorded vote was ordered. Armey Boehner Castle Costello Gutierrez Maloney The vote was taken by electronic de- Bachus Bonilla Chabot Coyne Hall (OH) Manton vice, and there were—ayes 281, noes 144, Baker (CA) Bono Chambliss Cramer Hamilton Markey not voting 8, as follows: Baker (LA) Brewster Chenoweth Cummings Harman Martinez Ballenger Brownback Christensen Danner Hastings (FL) Martini [Roll No. 195] Barr Bryant (TN) Chrysler de la Garza Hefner Mascara AYES—281 Barrett (NE) Bunning Clinger Deal Hilliard Matsui Bartlett Burr Coble DeFazio Hinchey McCarthy Abercrombie Barcia Bevill Barton Burton Coburn DeLauro Hoke McDade Ackerman Barrett (WI) Bilbray Bass Buyer Collins (GA) Dellums Holden McDermott Andrews Beilenson Bilirakis Bateman Callahan Combest Diaz-Balart Horn McHale Bachus Bentsen Bishop Bereuter Calvert Cooley Dicks Houghton McHugh Baesler Bereuter Bliley Bilbray Camp Cox Dingell Hoyer McKinney Baldacci Berman Blute H5544 CONGRESSIONAL RECORD — HOUSE May 23, 1996 Boehlert Hamilton Pallone Campbell Hayworth Parker ment of H.R. 3448, and H.R. 1227 is laid Bonior Harman Pastor Chabot Hefley Paxon Borski Hastings (FL) Payne (NJ) Chambliss Heineman Pombo on the table. Boucher Hayes Payne (VA) Chenoweth Herger Porter f Browder Hefner Pelosi Christensen Hoekstra Portman Brown (CA) Hilleary Peterson (FL) Clinger Hostettler Quillen REMOVAL OF NAME OF MEMBER Brown (FL) Hilliard Peterson (MN) Coble Hunter Radanovich AS COSPONSOR OF H.R. 2740 Brown (OH) Hinchey Petri Coburn Hutchinson Rohrabacher Bryant (TX) Hobson Pickett Collins (GA) Hyde Rose Mr. DUNCAN. Mr. Speaker, I ask Bunn Holden Pomeroy Combest Inglis Roth unanimous consent that I be allowed to Buyer Horn Poshard Cooley Istook Royce withdraw my name as a cosponsor of Canady Houghton Pryce Cox Johnson, Sam Salmon Cardin Hoyer Quinn Crane Jones Sanford H.R. 2740. Castle Jackson (IL) Rahall Crapo Kim Scarborough The SPEAKER pro tempore. Is there Chapman Jackson-Lee Ramstad Cubin Knollenberg Schaefer objection to the request of the gen- Chrysler (TX) Rangel Cunningham Kolbe Seastrand tleman from Tennessee? Clay Jacobs Reed Davis Largent Sensenbrenner Clayton Jefferson Regula Dickey Latham Shadegg There was no objection. Clement Johnson (CT) Richardson Doolittle Laughlin Shuster f Clyburn Johnson (SD) Riggs Dornan Lewis (KY) Skeen Coleman Johnson, E. B. Rivers Dreier Lightfoot Smith (MI) LEGISLATIVE PROGRAM Collins (IL) Johnston Roberts Dunn Linder Smith (TX) Collins (MI) Kanjorski Roemer Ehrlich Livingston Souder (Mr. BONIOR asked and was given Condit Kaptur Rogers Emerson Lucas Spence permission to address the House for 1 Conyers Kasich Ros-Lehtinen Everett Manzullo Stenholm minute.) Costello Kelly Roukema Ewing McCollum Stump Mr. BONIOR. Mr. Speaker, I asked to Coyne Kennedy (MA) Roybal-Allard Fields (TX) McInnis Talent Cramer Kennedy (RI) Rush Franks (CT) McIntosh Tate speak for purposes of inquiring of the Cremeans Kennelly Sabo Funderburk McKeon Taylor (NC) distinguished majority leader, the gen- Cummings Kildee Sanders Gekas Meyers Thomas tleman from Texas [Mr. ARMEY], the Danner King Sawyer Geren Mica Thornberry de la Garza Kleczka Saxton Goodlatte Miller (FL) Tiahrt schedule for today and the remainder Deal Klink Schiff Goss Montgomery Vucanovich of the week and then next week. DeFazio Klug Schroeder Graham Myers Walker Mr. ARMEY. Mr. Speaker, will the DeLauro LaFalce Schumer Greene (UT) Myrick Wamp gentleman yield? Dellums LaHood Scott Hall (TX) Nethercutt Watts (OK) Diaz-Balart Lantos Serrano Hancock Norwood White Mr. BONIOR. I yield to my friend Dicks LaTourette Shaw Hansen Nussle Wicker from Texas. Dingell Lazio Shays Hastert Oxley Wolf Mr. ARMEY. Mr. Speaker, I thank Dixon Leach Sisisky Hastings (WA) Packard Zeliff Doggett Levin Skaggs the gentleman from Michigan for yield- Dooley Lewis (CA) Skelton NOT VOTING—8 ing. Doyle Lewis (GA) Slaughter Becerra Hoke Molinari Mr. Speaker, we have concluded leg- Duncan Lincoln Smith (NJ) DeLay Kingston Ward islative business for the week. I am Durbin Lipinski Smith (WA) Deutsch McNulty Edwards LoBiondo Solomon pleased to announce that Members are Ehlers Lofgren Spratt b 1535 free to return home for the Memorial Engel Longley Stark Day district work period. The district English Lowey Stearns The Clerk announced the following Ensign Luther Stockman pairs: work period will continue through Eshoo Maloney Stokes On this vote: Monday, May 27, and Tuesday, the 28th. Evans Manton Studds Mr. Deutsch for, with Mr. DeLay against. The House will return to business on Farr Markey Stupak Wednesday, May 29, at 2 p.m., for legis- Fattah Martinez Tanner Mr. Ward for, with Mr. Kingston against. lative business. Please note that we Fawell Martini Tauzin Mr. PACKARD changed his vote from Fazio Mascara Taylor (MS) will not have any recorded votes before ‘‘aye’’ to ‘‘no.’’ Fields (LA) Matsui Tejeda 5 p.m. on May 29. Thompson So the bill was passed. Filner McCarthy Mr. Speaker, on Wednesday we will Flake McCrery Thornton The result of the vote was announced consider H.R. 3322, The Omnibus Civil- Flanagan McDade Thurman as above recorded. Foglietta McDermott Torkildsen ian Science Act, the rule for which has Foley McHale Torres PERSONAL EXPLANATION already been adopted. Forbes McHugh Torricelli Mr. WARD. Mr. Speaker, I was unavoidably Ford McKinney Towns On Thursday, May 30, the House will Fowler Meehan Traficant absent during the recording of rollcall vote No. meet at 10 a.m. to take up the military Fox Meek Upton 195. Had I been present, I would have voted construction appropriations bill for fis- Frank (MA) Menendez Velazquez ``yea.'' cal year 1997, which of course will be Franks (NJ) Metcalf Vento Frelinghuysen Millender- Visclosky PERSONAL EXPLANATION subject to a rule. Frisa McDonald Volkmer Mr. DELAY. Mr. Speaker, on rollcall No. Next week the House may also con- Frost Miller (CA) Walsh 195, I was unavoidably absent. Had I been sider a privileged resolution from the Furse Minge Waters Gallegly Mink Watt (NC) present, I would have voted ``nay.'' Committee on Government Reform and Ganske Moakley Waxman The title of the bill was amended so Oversight that holds certain of the Gejdenson Mollohan Weldon (FL) as to read: ‘‘A bill to provide tax relief President’s aides in contempt of Con- Gephardt Moorhead Weldon (PA) for small businesses, to protect jobs, to gress for refusing to turn over subpoe- Gibbons Moran Weller Gilchrest Morella Whitfield create opportunities, to increase the naed documents in the Travelgate in- Gillmor Murtha Williams take home pay of workers, to amend vestigation. Gilman Nadler Wilson the Portal-to-Portal Act of 1947 relat- Mr. Speaker, we should finish legisla- Gonzalez Neal Wise Goodling Neumann Woolsey ing to the payment of wages to employ- tive business by 2 p.m. on Friday of Gordon Ney Wynn ees who use employer owned vehicles, next week. Green (TX) Oberstar Yates and to amend the Fair Labor Standards I thank the gentleman for yielding Greenwood Obey Young (AK) Act of 1938 to increase the minimum me this time and wish him an enjoy- Gunderson Olver Young (FL) Gutierrez Ortiz Zimmer wage rate and to prevent job loss by able weekend. Gutknecht Orton providing flexibility to employers in Mr. BONIOR. Mr. Speaker, I thank Hall (OH) Owens complying with minimum wage and my colleague, and if I can just inquire, overtime requirements under that a couple of brief questions to my friend NOES—144 Act.’’ from Texas? We will have votes next Allard Bartlett Brownback Archer Barton Bryant (TN) A motion to reconsider was laid on Friday then, I take it from the gentle- Armey Bass Bunning the table. man’s remarks? Baker (CA) Bateman Burr The SPEAKER pro tempore (Mr. Mr. ARMEY. Yes, we plan on having Baker (LA) Boehner Burton WALKER). Pursuant to section 4 of votes on Friday. Ballenger Bonilla Callahan Barr Bono Calvert House Resolution 440, the text of H.R. Mr. BONIOR. Would the gentleman Barrett (NE) Brewster Camp 1227 will be appended to the engross- care to inform us when he expects to go May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5545 to conference on the budget resolution GRANTING MEMBERS OF THE policy of May 12, 1995, and under a pre- next week? HOUSE PRIVILEGE TO EXTEND vious order of the House, the following Mr. ARMEY. Of course, I believe the THEIR REMARKS IN CONGRES- Members will be recognized for 5 min- Senate is still proceeding on that, but SIONAL RECORD TODAY utes each. as soon as we can next week we will be Mr. ARMEY. Mr. Speaker, I ask f going to conference. unanimous consent that for today all The SPEAKER pro tempore. Under a Mr. BONIOR. And if I might inquire, Members be permitted to extend their previous order of the House, the gentle- what day does the gentleman from remarks and to include extraneous ma- woman from California [Ms. WATERS] is Texas expect to consider the privileged terial in that section of the RECORD en- recognized for 5 minutes. resolution concerning the subpoenaed titled ‘‘Extensions of Remarks.’’ [Ms. WATERS addressed the House. documents that he referred to in his re- The SPEAKER pro tempore. Is there Her remarks will appear hereafter in marks? objection to the request of the gen- the Extensions of Remarks.] Mr. ARMEY. Most likely on Friday. tleman from Texas? Mr. BONIOR. Most likely on Friday. There was no objection. f The SPEAKER pro tempore. Under a And finally, in light of the close to f $60 billion CBO estimates on the star previous order of the House, the gen- wars or missile defense program, when REQUEST FOR BASS TO BITE IN tleman from Indiana [Mr. MCINTOSH] is does the gentleman think that bill will TEXAS recognized for 5 minutes. be brought back for consideration? Mr. ARMEY. Mr. Speaker I ask unan- [Mr. MCINTOSH addressed the House. Mr. ARMEY. I have no announced imous consent that it be the will of the His remarks will appear hereafter in plan at this time. I would like to bring Congress that the bass bite early and the Extensions of Remarks.] it back in the next couple of weeks. often throughout the weekend in f But I will have to wait and to an- Texas. nounce it later. Mr. SOLOMON. Mr. Speaker, I object QUESTIONING PRESIDENT CLIN- Mr. BONIOR. And I would say to my if it is not in New York, too. TON’S COMMITMENT TO OUR NA- friend from Texas, if he could inform us The SPEAKER pro tempore. Objec- TION’S SPACE PROGRAM, AND how late Wednesday, that might help tion is heard. URGING MEMBERS TO SUPPORT BUDGET RESOLUTION ON NASA Members plan. The gentleman said 5 f o’clock we will have our first votes. The SPEAKER pro tempore. Under a And we expect a late evening on ANNOUNCEMENT BY THE SPEAKER previous order of the House, the gen- Wednesday? PRO TEMPORE tleman from Florida [Mr. WELDON] is Mr. ARMEY. The science bill could The SPEAKER pro tempore. The recognized for 5 minutes. go late. We would try to get some au- Chair will lay down the Senate ad- Mr. WELDON of Florida. Mr. Speak- thority to roll votes so that we could journment resolution when it is re- er, I have a great deal of difficulty with organize the time on behalf of the ceived from the Senate. President Clinton’s real commitment to our Nation’s space program. We Members, but we should be prepared to f work late on Wednesday. have all heard his official position, but Mr. BONIOR. Mr. Speaker, I thank DESIGNATION OF HON. ROBERT S. how does that compare with the dem- my friend. I wish him a happy Memo- WALKER TO ACT AS SPEAKER onstrated position? On the one hand, rial Day weekend and a good evening. PRO TEMPORE TO SIGN EN- his science adviser says the President ROLLED BILLS AND JOINT RESO- steadfastly opposes any cuts in science f LUTIONS THROUGH MAY 29, 1996 and technology. That came from Jack The SPEAKER pro tempore laid be- Gibbons on March 29. Vice President GORE said the President’s 1997 budget DISPENSING WITH CALENDAR fore the House the following commu- will provide generous funding for WEDNESDAY BUSINESS ON nication from the Speaker: science and technology. But if we look WEDNESDAY NEXT WASHINGTON, DC, at what the President does to NASA’s May 23, 1996. Mr. ARMEY. Mr. Speaker, I ask I hereby designate the Honorable ROBERT budget, if we look at what the Presi- unanimous consent that the business S. WALKER to act as Speaker pro tempore to dent actually does, rather than what in order under the Calendar Wednesday sign enrolled bills and joint resolutions he says or his staff says, we get a dif- rule be dispensed with on Wednesday through Wednesday, May 29, 1996. ferent picture. next. NEWT GINGRICH, Mr. Speaker, the President made The SPEAKER pro tempore (Mr. Speaker of the House of Representatives. dangerous, deep cuts in NASA’S long- GOSS). Is there objection to the request The SPEAKER pro tempore. Without term budget. We can see on this graph of the gentleman from Texas? objection, the designation is agreed to. that I have here, the House budget does There was no objection. There was no objection. decline NASA’s budget slightly over 7 f years in the effort to balance the budg- f et, but the President’s cuts are very, b 1545 very deep and I believe seriously under- AUTHORIZING SPEAKER AND MI- PERSONAL EXPLANATION mine our ability to have an effective and growing investment in science and NORITY LEADER TO ACCEPT Mr. HOKE. Mr. Speaker, I was just RESIGNATIONS AND MAKE AP- technology. called to my office and informed that I Indeed, the President puts a lot of in- POINTMENTS, NOTWITHSTAND- was not recorded on the last vote on ING ADJOURNMENT vestment in a program that I think is H.R. 1227. I was present on the floor at of some questionable scientific value. Mr. ARMEY. Mr. Speaker, I ask the time, from the time of the first One has to wonder about the founda- unanimous consent that notwithstand- Goodling amendment, and apparently tions of his space policy. I believe the ing any adjournment of the House until inadvertently left the floor without future of space exploration lies in pro- Wednesday, May 29, 1996, the Speaker having cast my vote, although I was grams such as our international space and the minority leader be authorized under the impression that I had. station and continuing our investment to accept resignations and to make ap- My vote on final passage of 1227 in the shuttle program, as well as de- pointments authorized by law or by the would have been ‘‘yes.’’ veloping new launch vehicles. House. f I know what would happen to our The SPEAKER pro tempore. Is there space program if the United States objection to the request of the gen- SPECIAL ORDERS were left with the kind of budget that tleman from Texas? The SPEAKER pro tempore. (Mr. the President is proposing here. It There was no objection. GOSS). Under the Speaker’s announced would just be a shell of a program. Our H5546 CONGRESSIONAL RECORD — HOUSE May 23, 1996 nation is a space-faring Nation. We are I would simply like to indicate, Mr. that goods and services may increase an exploring Nation. Speaker, that this wound up being a bi- because of the profit margin, but peo- If we look at the history of the great partisan decision to increase the mini- ple will be working for a fair and de- nations of the world and what hap- mum wage. It was a reflection of over cent wage. They will then circulate pened to many of them when they 80-percent of the American public who their dollars back into the system. We stopped exploring and they stopped said yes, this is a good idea. In meeting will give them dignity. They will be reaching out, they began to shrink. with a small businessowner today for able to maintain a family, that 59 per- They began to diminish. They began to lunch from my hometown in Houston, I cent that we talked about, many of become less of a significance in the was very proud of her and the words whom are single parents, women in world. And they went on, to quote she said, in offering, ‘‘I think it is the particular. President Ronald Reagan frequently, right thing to do.’’ I think it is important that we kind into the dustpan of history. We have heard in this debate again of clear the air and explain why, in Mr. Speaker, I believe that the $2 bil- the rising of one and the sitting of an- fact, the Goodling amendment to ex- lion that the President wants to cut other, and coming to the well to rebut empt businesses of a certain category out of NASA’s budget is setting the what the other one has said. It seems was not good, because those businesses stage for that kind of development for confusing, and the singular tone or in our malls of America where we go our Nation. I believe what the House is sound of those who opposed this was and shop, there are people who work doing is the responsible thing. We all the elimination or the undermining of there who go home every day and have know everybody has to play a role in small businesses and the elimination of the same responsibilities as all of us: balancing the budget, and everybody jobs that are given by small businesses. the rent payment, the electricity pay- has to do their part. Let me say to America that that was ment. It is important not to make this It is wrong, it is immoral, to keep an attractive hook for you to hang a war against the American worker and saddling our children with excessive onto, but it was absolutely wrong. small businesses. We can work to sup- amounts of debt. The debt burden, as First of all, the main point is that in port small businesses, as we have done the State of Texas, 1.1 million workers we all know, today is huge, $5 trillion; with the Small Business Tax Incentive would be denied an increase if we had something like $18,000 for every man, Act, which I supported, and we, too, not raised the minimum wage. Right woman, and child. NASA has stepped can vote for the American worker. I am now the minimum wage is $4.25. I do up to the plate and has been able to glad today that we increased the mini- not know about you, but I respect continue doing what it has been doing mum wage for all America to have a young people, and I am sorry that we in the past with fewer people. The men decent quality of life. used them as a hammer, as well: All and women of NASA have done a yeo- f man’s job in being able to continue the the people making the minimum wage shuttle program, continue to allow it are young people. TRIBUTE TO LOUIS PASQUARELL, Who says that the reason that they to fly safely, continue the space sta- SR. work is not a valid reason: supporting tion on schedule and on budget, as well The SPEAKER pro tempore. Under a the family, adding to the ability to go as continue investment in science re- previous order of the House, the gen- to institutions of higher learning, or search. But what the President is pro- tleman from New York [Mr. SOLOMON] even being able to stay in school. Why posing, Mr. Speaker, I think would be is recognized for 5 minutes. should we denigrate our young people devastating to our space program, and Mr. SOLOMON. Mr. Speaker, if you because they are at the bottom rung? is just wrong. I believe that the Presi- Second, let me say that, I hate to say or other Members have ever been in my dent’s budget proposal is the wrong ap- it, minorities were used as another office, no doubt you’ve seen the fire proach to our science program. club: Well, if you raise the minimum helmets lining the walls. Mr. Speaker, I would say that we wage, you will see the jobs lost for Af- I must have a hundred of them. could almost describe his space policy rican-Americans and Hispanics and They are symbols of the enormous re- as being lost in space. Mr. Speaker, I maybe women. Let me offer to say that spect and admiration I have for volun- would encourage all my colleagues to this is not a racial issue. This is not to teer firefighters. support our House budget resolution on say that the only people who need an It’s not just that I used to be a volun- NASA. It is the right proposal. It is a increase in the minimum wage are Af- teer firefighter myself in my home- proposal that would allow us to con- rican-Americans and Hispanics. They town of Queensbury, in upstate New tinue our crucial investment in the are Americans. York. space station, in the shuttle program, Let me also give a point of informa- It’s more than that. in the development of a new launch ve- tion, that most of the small businesses I could sum up my feelings about vol- hicle, and would not devastate the pro- owned by African-Americans, women, unteer firefighters in three words: gram, as the President is proposing. minorities collectively, are sole propri- Louis Pasquarell Sr. f etorships. That means that they do not Mr. Speaker, Lou Pasquarell, Sr., is hire anyone, they are still climbing the celebrating his 60th year as a volunteer THE HOUSE VOTE ON INCREASING firefighter. THE MINIMUM WAGE rung, they are still climbing to access capital. But in fact, the broad number As you all know, I measure a man by The SPEAKER pro tempore. Under a of individuals who work for a minimum how much he gives to his community. previous order of the House, the gentle- wage are individuals who have fami- And Mr. Speaker, by that yardstick, woman from Texas [Ms. JACKSON-LEE] lies, who have opted to work over wel- Lou Pasquarell, Sr. is a giant among is recognized for 5 minutes. fare. Why not reward them, being the men. Ms. JACKSON-LEE of Texas. Mr. first increase in almost 6 years, the Let me tell you a few things about Speaker, I think all of us can accept lowest minimum wage since 1938 in volunteer firefighters in general. this week, as we head into the honor- terms of its output? In 1979 the mini- These are ordinary citizens from all ing and celebrating of our veterans and mum wage equaled $6.25, not in the walks of life who represent the only those who are in our military bases number but in what it could purchase. available fire protection in rural com- across this land and this world, that What can you do with $4.25? That is munities like the one I represent. today we struck a very positive blow giving you change back from a $5 bill. In New York State alone they save for working Americans. It is difficult So it was important for this house countless lives and billions of dollars sometimes with the flurry of debate today to vote on a clean minimum worth of property every year. and one accusation after another to wage bill, one that would increase it a They surrender much of their per- really clear away some of the confu- mere 90 cents, to $5.15, and to rebut sonal time, not only to respond to sion, and to know whether or not we those arguments that you would put fires, but to upgrade their skills with were in fact destructive, undermining, small businesses out of business or you constant training. or whether in fact we have given some- would eliminate jobs. Yes, Mr. Speaker, fighting fires is a thing worthy for those who work every We understand the free marketplace. dirty, exhausting, and frequently dan- day in America. Yes; I would be dishonest not to say gerous job. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5547 Volunteer firefighters approach that COMMUNICATION FROM THE ment authority for the committee that re- job with a selfless dedication, and the CHAIRMAN OF THE COMMITTEE ported the measure. It is also needed to im- highest degree of professionalism. ON THE BUDGET REGARDING plement section 311(b), which exempts com- CURRENT LEVELS OF SPENDING mittees that comply with their allocations Typical of these volunteers, or, I from the point of order under section 311(a). should say, more than typical, is Lou AND REVENUES REFLECTING AC- The third table compares the current lev- Pasquarell, Sr. TION COMPLETED AS OF MAY 17, els of discretionary appropriations for fiscal He joined the Jonesville Volunteer 1996 FOR FISCAL YEARS 1996–2000 year 1996 with the revised ‘‘section 602(b)’’ Fire Co. in Clifton Park 60 years ago. The SPEAKER pro tempore. Under a suballocations of discretionary budget au- Mr. Speaker, there is no way to cal- previous order of the House, the gen- thority and outlays among Appropriations subcommittees. This comparison is also culate the lives and property he has tleman from Ohio [Mr. KASICH] is rec- needed to implement section 302(f) of the helped save in those 60 years, the num- ognized for 5 minutes. Budget Act, since the point of order under ber of hours he has spent in that effort, Mr. KASICH. Mr. Speaker, on behalf of the that section also applies to measures that or the number of younger firemen he Committee on the Budget and pursuant to would breach the applicable section 602(b) has inspired. sections 302 and 311 of the Congressional suballocation. The revised section 602(b) sub- Mr. Speaker, there are at least five Budget Act, I am submitting for printing in the allocations were filed by the Appropriations other firefighters in the company who, CONGRESSIONAL RECORD an updated report on Committee on December 5, 1995. when they were children, drove in pa- the current levels of on-budget spending and Sincerely, rades in the miniature fire vehicle Mr. revenues for fiscal year 1996 and for the 5- JOHN R. KASICH, year period fiscal year 1996 through fiscal Chairman. Pasquarell built for the Jonesville fu- Enclosures. ture firefighters. year 2000. He has served on numerous commit- This report is to be used in applying the fis- REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE tees, the board of directors, and on the cal year 1996 budget resolution (H. Con. Res. BUDGET, STATUS OF THE FISCAL YEAR 1996 CONGRES- police fire squad. 67), for legislation having spending or revenue SIONAL BUDGET ADOPTED IN HOUSE CONCURRENT He has been both a Lieutenant in the effects in fiscal years 1996 through 2000. RESOLUTION 67 HOUSE OF REPRESENTATIVES, company and for many years the chair- [Reflecting Action Completed as of May 17, 1996] COMMITTEE ON THE BUDGET, man of the district board of elections. Washington, DC, May 22, 1995. On-budget amounts, in mil- In his capacity as Captain of the fire Hon. NEWT GINGRICH, lions of dollars police squad, he was instrumental in Speaker, House of Representatives, Fiscal year Fiscal year placing the area’s first fire police vehi- Washington, DC. 1996 1996–2000 cle in service. DEAR MR. SPEAKER: To facilitate applica- He also organized a special event last tion of sections 302 and 311 of the Congres- Appropriate Level: (as set by H. Con. Res. sional Budget Act, I am transmitting a sta- 67): Christmas at the firehouse through the Budget Authority ...... 1,285,515 6,814,600 tus report on the current levels of on-budget Outlays ...... 1,288,160 6,749,200 adopt an angel program for a 6-year-old spending and revenues for fiscal year 1996 Revenues ...... 1,042,500 5,691,500 boy who suffers from a teminal illness. Current Level: and for the 5-year period fiscal year 1996 Budget Authority ...... 1,306,869 (NA) Mr. Speaker, Lou Pasquarell Sr.’s through fiscal year 2000. Outlays ...... 1,307,746 (NA) contributions go far beyond his fire- The term ‘‘current level’’ refers to the Revenues ...... 1,038,986 5,654,519 amounts of spending and revenues estimated Current Level over(+)/under(¥) Appro- fighting. priate Level: for each fiscal year based on laws enacted or He also played a major role in build- Budget Authority ...... 21,354 (NA) awaiting the President’s signature as of May Outlays ...... 19,586 (NA) ing two bocci courts for use by 17, 1996. Revenues ...... ¥3,514 ¥36,981 Shenendehowa senior citizens on the The first table in the report compares the NA=Not applicable because annual appropriations Acts for Fiscal Years pavilion on Main Street. current level of total budget authority, out- 1997 through 2000 will not be considered until future sessions of Congress. lays, and revenues with the aggregate levels Mr. Speaker, it isn’t too often you BUDGET AUTHORITY set by H. Con. Res. 67, the concurrent resolu- get to meet a living legend. And that’s Enactment of measures providing any new what Lou Pasquarell Sr. is. tion on the budget for fiscal year 1996. This comparison is needed to implement section budget authority for fiscal year 1996 (if not So, Mr. Speaker, I ask you and all 311(a) of the Budget Act, which creates a already included in the current level esti- Members to join me in saluting this point of order against measures that would mate) would cause fiscal year 1996 budget au- great volunteer fireman, this great breach the budget resolution’s aggregate lev- thority to exceed the appropriate level set by American, this man I am privileged to els. The table does not show budget author- H. Con. Res. 67. call a good friend, Louis Pasquarell, ity and outlays for years after fiscal year OUTLAYS Sr., of Clifton Park, New York. 1996 because appropriations for those years Enactment of measures providing any new have not yet been considered. budget or entitlement authority that would The second table compares the current lev- f increase fiscal year 1996 outlays (if not al- els of budget authority, outlays, and new en- ready included in the current level estimate) titlement authority of each direct spending would cause fiscal year 1996 outlays to ex- b 1600 committee with the ‘‘section 602(a)’’ alloca- ceed the appropriate level set by H. Con. Res. tions for discretionary action made under H. 67. The SPEAKER pro tempore (Mr. Con. Res. 67 for fiscal year 1996 and for fiscal GOSS). Under a previous order of the years 1996 through 2000. ‘‘Discretionary ac- REVENUES House, the gentleman from New York tion’’ refers to legislation enacted after Enactment of any measure that would re- [Mr. LAFALCE] is recognized for 5 min- adoption of the budget resolution. This com- sult in any revenue loss in either fiscal year utes. parison is needed to implement section 302(f) 1996 or for the total for fiscal year 1996 of the Budget Act, which creates a point of through 2000 would increase the amount by [Mr. LAFALCE addressed the House. order against measures that would breach which revenues are less than the rec- His remarks will appear hereafter in the section 602(a) discretionary action allo- ommended levels of revenue set by H. Con. the Extensions of Remarks.] cation of new budget authority or entitle- Res. 67. DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 601(A) REFLECTING ACTION COMPLETED AS OF MAY 17, 1996 [Fiscal years, in millions of dollars]

1996 out- 1996–2000 BA lays NEA BA outlays NEA

House Committee Agriculture: Allocation ...... ¥992 ¥992 177 ¥8,477 ¥8,477 ¥2,164 Current Level ...... ¥330 ¥722 ¥758 ¥5,051 ¥5,406 ¥6,811 Difference ...... 662 270 ¥935 3,426 3,071 ¥4,647 National Security: Allocation ...... ¥1,168 ¥1,168 382 1,733 1,733 1,467 Current Level ...... 369 367 401 1,657 1,653 1,803 Difference ...... 1,537 1,535 19 ¥76 ¥80 336 H5548 CONGRESSIONAL RECORD — HOUSE May 23, 1996 DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT TO BUDGET ACT SECTION 601(A) REFLECTING ACTION COMPLETED AS OF MAY 17, 1996—Continued [Fiscal years, in millions of dollars]

1996 out- 1996–2000 BA lays NEA BA outlays NEA

Banking, Finance and Urban Affairs: Allocation ...... ¥481 ¥481 0 ¥1,698 ¥1,698 0 Current Level ...... 3 3 0 (1) (1) 0 Difference ...... 484 484 0 1,698 1,698 0 Economic and Educational Opportunities: Allocation ...... ¥128 122 ¥2,015 ¥1,976 ¥1,534 ¥11,465 Current Level ...... 0 0 0 0 0 0 Difference ...... 128 ¥122 2,015 1,976 1,534 11,465 Commerce: Allocation ...... ¥555 ¥405 ¥3,619 ¥11,381 ¥11,480 ¥84,935 Current Level ...... 0 0 0 6,303 6,303 6,297 Difference ...... 555 405 3,619 17,684 17,783 91,232 International Relations: Allocation ...... ¥3 ¥3 0 ¥19 ¥19 ¥6 Current Level ...... 0 0 0 0 0 0 Difference ...... 3 3 0 19 19 6 Government Reform & Oversight: Allocation ...... ¥436 ¥436 ¥106 ¥2,903 ¥2,903 ¥2,729 Current Level ...... 0 0 0 0 0 6 Difference ...... 436 436 106 2,903 2,903 2,735 House Oversight: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Resources: Allocation ...... ¥106 ¥104 0 ¥2,698 ¥2,693 0 Current Level ...... ¥18 ¥24 0 ¥141 ¥148 0 Difference ...... 88 80 0 2,557 2,545 0 Judiciary: Allocation ...... 0 0 0 ¥238 ¥238 0 Current Level ...... 0 0 0 14 12 2 Difference ...... 0 0 0 252 250 2 Transportation & Infrastructure: Allocation ...... ¥63 ¥63 0 92,844 ¥457 0 Current Level ...... 0 0 0 0 ¥2 0 Difference ...... 63 63 0 ¥92,844 455 0 Science: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 0 0 Current Level ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Veterans’ Affairs: Allocation ...... ¥79 ¥79 ¥195 ¥686 ¥686 ¥2,928 Current Level ...... 0 0 ¥21 0 0 ¥106 Difference ...... 79 79 174 686 686 2,822 Ways and Means: Allocation ...... ¥7,163 ¥7,615 ¥4,502 ¥192,899 ¥193,345 ¥82,895 Current Level ...... ¥18 ¥18 ¥139 ¥1,990 ¥1,990 ¥3,799 Difference ...... 7,145 7,597 4,363 190,909 191,355 79,096 Unassigned: Allocation ...... 306 306 0 4,892 4,892 0 Current Level ...... 0 0 0 0 0 0 Difference ...... ¥306 ¥306 0 ¥4,892 ¥4,892 0 Total Authorized: Allocation ...... ¥10,868 ¥10,918 ¥9,878 ¥123,506 ¥216,905 ¥185,655 Current Level ...... 6 ¥394 ¥517 792 422 ¥2,608 Difference ...... 10,874 10,524 9,361 124,298 217,327 183,047 1 = less than $500 thousand.

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 1996—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 602(B) [In millions of dollars]

Revised 602(b) suballocations (December 5, 1995) Current level reflecting action completed as of May 17, Difference 1996 General purpose Violent crime General purpose Violent crime General purpose Violent crime BA O BA O BA O BA O BA O BA O

Agriculture, Rural Development ...... 13,325 13,608 0 0 13,310 13,577 0 0 15 31 0 0 Commerce, Justice, State ...... 22,810 24,148 3,956 2,113 23,338 24,320 3,956 2,112 ¥528 ¥172 0 1 Defense ...... 243,042 243,512 0 0 241,853 242,306 0 0 1,189 1,206 0 0 District of Columbia ...... 727 727 0 0 712 712 0 0 15 15 0 0 Energy and Water Development ...... 19,562 19,858 0 0 19,326 19,801 0 0 236 57 0 0 Foreign Operations ...... 12,284 13,848 0 0 12,153 13,856 0 0 131 ¥8 0 0 Interior ...... 12,213 13,174 0 0 12,122 13,047 0 0 91 127 0 0 Labor, HHS and Education ...... 61,947 68,380 53 44 63,195 68,838 53 25 ¥1,248 ¥458 0 19 Legislative Branch ...... 2,126 2,180 0 0 2,125 2,180 0 0 1 0 0 0 Military Construction ...... 11,178 9,597 0 0 11,136 9,592 0 0 42 5 0 0 Transportation ...... 12,500 36,754 0 0 11,705 36,751 0 0 795 3 0 0 Treasury-Postal Service ...... 11,237 11,542 78 70 10,826 11,144 77 70 411 398 1 0 VA-HUD-Independent Agencies ...... 61,686 74,440 0 0 62,349 74,480 0 0 ¥663 ¥40 0 0 Reserve ...... 437 0 0 0 0 0 0 0 437 0 0 0 Grand Total ...... 485,074 531,768 4,087 2,227 484,150 530,603 4,085 2,207 924 1,165 2 20

U.S. CONGRESS, els of new budget authority, estimated out- [In millions of dollars] CONGRESSIONAL BUDGET OFFICE, lays, and estimated revenues for fiscal year Washington, DC, May 21, 1996. Budget 1996. These estimates are compared to the House cur- resolution Current Hon. JOHN KASICH, level +/¥ appropriate levels for those items contained rent level (H. Con. resolution Chairman, Committee on the Budget, in the 1996 Concurrent Resolution on the Res. 67) House of Representatives, Washington, DC. Budget (H. Con. Res. 67), and are current DEAR MR. CHAIRMAN: Pursuant to section Budge authority ...... 1,306,869 1,285,515 +21,354 Outlays ...... 1,307,746 1,288,160 +19,586 308(b) and in aid of section 311 of the Con- through May 17, 1996. A summary of this tabulation follows: Revenues: gressional Budget Act, as amended, this let- 1996 ...... 1,038,986 1,042,500 ¥3,514 ter and supporting detail provide an up-to- 1996–2000 ...... 5,654,519 5,691,500 ¥36,981 date tabulation of the on-budget current lev- May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5549 Since my last report, dated February 20, PARLIAMENTARIAN STATUS REPORT—104TH CONGRESS, violating America’s national sov- 1996, the Congress has cleared and the Presi- 2ND SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL, ereignty and democratic values. News- dent has signed four short-term continuing FOR FISCAL YEAR 1996, AS OF CLOSE OF BUSINESS papers have reported that a Maryland resolutions (Public Laws 104–116, 104–118, 104– MAY 17, 1996—Continued political fundraiser named Lalit 122, and 104–131), the Federal Agriculture Im- provement and Reform Act of 1996 (P.L. 104– [In millions of dollars] Gadhia confessed that the Embassy provided over $46,000, which he used to 127), the Contract with America Advance- Budget ment Act (P.L. 104–121), an act providing Tax authority Outlays Revenues reimburse friends of associates for po- Benefits for Members of the Armed Forces litical contributions that he solicited. To award Congressional Gold Medal Performing Peacekeeping Services in Bosnia to Ruth and Billy Graham (P.L. These contributions went to pro- and Herzegovina, Croatia and Macedonia 104–111) ...... (6) (6) ...... India Members of Congress and to a po- (P.L. 104–117), the Federal Tea Tasters Re- An Act Providing for Tax Benefits for Armed Forces in Bosnia, litical action committee, the Indian peal Act of 1996 (P.L. 104–128), the Herzegovina, Croatia, and Mac- American Leadership Investment Antiterrorism and Effective Death Penalty edonia (P.L. 104–117) ...... ¥38 Fund. India’s violations of democratic Act (P.L. 104–132) and the Omnibus Consoli- Agriculture Improvement and Re- form Act (P.L. 104–127) ...... ¥330 ¥721 ...... principles have now come to the United dated Rescissions and Appropriations Act of Federal Tea Tasters Repeal Act of 1996 (P.L. 104–134). The Federal payment to 1996 (P.L. 104–128) ...... (6) States of America. The scheme was run the District of Columbia and emergency Antiterrorism and Effective Death by former Indian Ambassador S.S. Ray Penalty Act (P.L. 104–132) ...... 2 funding for Bosnia and Herzegovina for eco- and Embassy official Devendra Singh. nomic revitalization were included in P.L. Total enacted second ses- It is illegal for noncitizens to contrib- 104–122. These actions changed the current sion ...... 292,820 201,774 ¥36 ute to U.S. political campaigns or for level of budget authority, outlays, and reve- Appropriated Entitlements and anyone to make a contribution in an- nues. Mandatories other person’s name. Yet this is not the Sincerely, Budget resolution baseline esti- first time that the Indian Embassy has JUNE E. O’NEILL, mates of appropriated entitle- Director. ments and other mandatory pro- been caught interfering in U.S. politi- grams not yet enacted 4 ...... 17,604 19,168 ...... Total current level 5 ...... 1,306,869 1,307,746 1,038,986 cal campaigns. PARLIAMENTARIAN STATUS REPORT—104TH CONGRESS, Total budget resolution ...... 1,285,515 1,288,160 1,042,500 Earlier this year, it came to light Amount remaining: 2ND SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL, Under budget resolution ...... 3,514 that former Ambassador Ray urged In- FOR FISCAL YEAR 1996, AS OF CLOSE OF BUSINESS Over budget resolution ...... 21,354 19,586 ...... dian Americans to support a candidate MAY 17, 1996 1 P.L. 104–92 and P.L. 104–99 provide funding for specific appropriated in the South Dakota senate race, and [In millions of dollars] accounts until September 30, 1996. the Embassy sent out a letter attack- 2 This bill, also referred to as the seventh continuing resolution for 1996, provides funding until September 30, 1996, for specific appropriated ac- ing a member of this House who is run- Budget Outlays Revenues counts. ning for senator in New Jersey. authority 3 The effects of this Act on budget authority, outlays and revenues begin in fiscal year 1997. Mr. Speaker, now they are infecting Enacted in Previous Sessions 4 Estimates include the effects of changes enacted this session in the the American political process with Revenues ...... 1,039,122 following public laws: Veterans’ Compensation Cost-of—Living Adjustment Permanents and other spending Act (P.L. 104–57), Contract with America Advance Act (P.L. 104–121), and foreign money. They must believe that legislation ...... 830,272 798,924 ...... the Agriculture Improvement and Reform Act (P.L. 104–127). America is corrupt. This interference Appropriation legislation ...... 242,052 ...... 5 In accordance with the Budget Enforcement Act, the total does not in- Offsetting receipts ...... ¥200,017 ¥200,017 ...... clude $4,551 million in budget authority and $2,448 million in outlays for leads one to believe that the Indian funding of emergencies that have been designated as such by the President journalist Rajinder Puri of the Times Total previously enacted ... 630,254 840,958 1,039,122 and the Congress. 6 Less than $500,000. of India was right when he described Enacted in First Session Note: Detail may not add due to rounding. India as, ‘‘A rotten, corrupt, repressive Appropriation bills: f and antipeople system.’’ 1995 Rescissions and Department The U.S. Government must make it of Defense Emergency INDIAN EMBASSY CAUGHT RED- Supplementals Act (P.L. 104–6) ¥100 ¥885 ...... clear that India’s interference in Amer- 1995 Rescissions and Emergency HANDED ican politics is unacceptable. I urge my Supplementals for Disaster As- sistance Act (P.L. 104–19) ...... 22 ¥3,149 ...... The SPEAKER pro tempore. Under a colleagues to support H.R. 1425, which Agriculture (P.L. 104–37) ...... 62,602 45,620 ...... previous order of the House, the gen- will cut off U.S. development aid to Defense (P.L. 104–61) ...... 243,301 163,223 ...... Energy and Water (P.L. 104–46) .... 19,336 11,502 ...... tleman from Indiana [Mr. BURTON] is India until it respects human rights, Legislative Branch (P.L. 104–53) ... 2,125 1,977 ...... recognized for 5 minutes. and House Concurrent Resolution 32, Military Construction (P.L. 104–32) 11,177 3,110 ...... Transportation (P.L. 104–50) ...... 12,682 11,899 ...... Mr. BURTON of Indiana. Mr. Speak- which calls for self-determination for Treasury, Postal Service (P.L. 104– er, for many years I have talked about the Sikhs of Khalistan. These two 52) ...... 23,026 20,530 ...... Offsetting receipts ...... ¥7,946 ¥7,946 ...... the horrible human rights violations measures will show the Indian Govern- Authorization bills: that have been talking place around ment that their disregard for human Self-Employed Health Insurance Act (P.L. 104–7) ...... ¥18 ¥18 ¥101 the world, but in particular in a place rights and democratic principles are Alaska Native Claims Settlement called Punjab in Kashmir and Nagaland not to be tolerated. Act (P.L. 104–42) ...... 1 1 ...... Fishermen’s Protective Right in India. Because of that, I have been In addition, India illegally tried to Amendments of 1995 (P.L. 104– the target of people who support the influence congressional elections and 43) ...... (6) ...... Perishable Agricultural Commod- Indian lobby in the United States. that will not be tolerated as well. I ities Act Amendments of 1995 At one time, my life was threatened, hope that the new government of India (P.L. 104–48) ...... 1 (6) 1 Alaska Power Administration Sale as well as that of my wife and my chil- will correct these practices and that Act (P.L. 104–58) ...... ¥20 ¥20 ...... dren, and they have supported my op- India and the United States can begin ICC Termination Act (P.L. 104–88) ...... (6) ponents in campaigns year in and year to live together in mutual respect for Total enacted first session 366,191 245,845 ¥100 out. I understand that because I have freedom, democracy and human rights, been talking about the gang raping of Enacted in Second Session and that the new government will re- Appropriation bills: women that has been taking place over spect the sovereignty of other nations Ninth Continuing Resolution (P.L. there, the tortures of individuals who and not be in fear in our elective proc- 104–99) 1 ...... ¥1,111 ¥1,313 ...... Foreign Operations (P.L. 104–107) 12,104 5,936 ...... have been taken out of their homes in ess. Offsetting receipts ...... ¥44 ¥44 ...... the middle of the night to be tortured Mr. Speaker, I include for the District of Columbia (P.L. 104–122) 712 712 ...... Omnibus Consolidated Rescissions to death never to be seen again, and RECORD the articles referred to earlier and Appropriations Act of 1996 the placing of about 1.1 million Indian and a press release from the Council of (P.L. 104–134) ...... 330,746 246,113 ...... Offsetting receipts ...... ¥63,682 ¥55,154 ...... troops in Punjab and Kashmir and Khalistan of the Gadhia case: Authorization bills: Nagaland to repress those people up [From the Washington Times, May 9, 1996] Gloucester Marine Fisheries Act (P.L. 104–91) 2 ...... 14,054 5,882 ...... there because all they want is freedom, DEMOCRAT GUILTY OF LAUNDERING Smithsonian Commemorative Coin democracy and human rights. CONTRIBUTIONS Act (P.L. 104–96) ...... 3 3 ...... But today, Mr. Speaker, I found out Saddleback Mt. Arizona Settlement (By Mary Pemberton) Act of 1995 (P.L. 104–102) ...... ¥7 ...... some additional things that need to be BALTIMORE.—A Democratic Party activist Telecommunications Act of 1996 brought to the attention of my col- (P.L. 104–104) 3 ...... pleaded guilty yesterday to devising a Farm Credit System Regulatory Re- leagues and the American people. I scheme to funnel $46,000 in illegal contribu- lief Act (P.L. 104–105) ...... ¥1 ¥1 ...... found out, Mr. Speaker, that the Indian National Defense Authorization Act, tions to a political action committee and fiscal year 1996 (P.L. 104–106) 369 367 ...... Embassy has been caught red-handed several federal election campaigns. H5550 CONGRESSIONAL RECORD — HOUSE May 23, 1996 Lalit H. Gadhia, 57, who had been Gov. Par- Affairs, at the embassy from late 1990 to Senator Larry Pressler’s bid for re-election ris Glendening’s campaign treasurer, pleaded early 1995, returned to India to take up the in South Dakota’’ in a December speech to guilty in federal court to one count of caus- position of Director-General of Police in the Indian-American Forum for Political ing a false statement to be made to the Fed- Rajasthan. Education in Boston. Ray told the audience eral Election Commission, U.S. Attorney State Department officials said that to ‘‘please make sure Larry Pressler (Repub- Lynne A. Battaglia said. He faces up to five Raphel had called Chandra ‘‘to express our lican from South Dakota) goes to the Senate years in prison and a $250,000 fine at sentenc- strong concern about this allegation of an again,’’ Burton said. ing Aug. 6. Indian Embassy official being involved’’ in a Second, he reported, the embassy has ‘‘ac- None of the money in question went to the money-laundering scheme to make campaign tively sought to intervene in the current governor’s campaign. But Maryland Repub- contributions to pro-India American law- Senate race in New Jersey.’’ Burton said the lican Party Chairman Joyce Lyons Terhes makers. deputy chief of mission, Shyamala Cowsik, said Gadhia’s activities are indicative of the One official said that ‘‘at this point, (the had circulated a letter to the Indian-Amer- type of people Mr. Glendening surrounds Raphel call to Chandra) this is about it,’’ as ican community criticizing Democratic Rep- himself with. far as any raising of the issue with the em- resentative Robert Torricelli for his ‘‘I think it is one more example of the bassy is concerned. However, the official ac- ‘‘record’’ in attacking alleged human rights flawed administration of Glendening,’’ she knowledged that ‘‘anything further will de- abuses in India. Cowsik’s letter, Burton con- said. pend on what unfolds legally. So we’ll have tended, ‘‘not so subtly notes that Torricelli But a state Democratic Party spokesman to see about that.’’ is running for the Senate this year,’’ and said it has nothing to do with Mr. State Department spokesman Nicholas added, ‘‘It can only be assumed that these in- Glendening and, if anything, reflects posi- Burns said the matter was ‘‘a criminal case’’ stances of political interference that have tively on the party. and that aspect would be handled by the De- come to light point to a broader pattern of ‘‘It is very unfortunate that he became partment of Justice. But he said, ‘‘On the political involvement.’’ overzealous, but the Clinton administration diplomatic side of this, the diplomatic aspect Torricelli is running for the Senate seat does not back off . . . even though this guy of it, we have contacted the Indian Embassy being vacated by the retiring Democratic has been a strong supporter of Democrats,’’ here in Washington and expressed our very Senator Bill Bradley. He has co-sponsored David Paulson said. strong concern about this particular case.’’ legislation by Burton calling for the suspen- The FBI said Gadhia approached the In- The embassy spokesman, Shiv Shankar sion of American development aid to India dian-American Leadership Fund in the fall of Mukherjee, declined comment on Raphel’s unless it alleviates rights conditions. 1994 and persuaded the New Mexico PAC to call to Chandra and only reiterated his ear- In his letter to Christopher, Burton in- contribute to candidates other than Indian- lier statement that ‘‘the Indian Embassy al- sisted that he was ‘‘not writing out of par- Americans, as long as he did the fund rais- ways has and continues to operate strictly tisan considerations,’’ and noted that, as a ing. within the basis of diplomatic propriety.’’ Republican, the embassy’s actions were in- For three weeks in October 1994, Gadhia On May 8, U.S. Attorney Lynne A. tended to benefit Republican candidates in presented the PAC with checks totaling Battaglia, whose office prosecuted the case, both races. $34,900, which he said were contributions told The Baltimore Sun, which first broke ‘‘There is a larger principal at stake,’’ he from a number of individuals. He also pro- the story about this money-laundering plan, declared. ‘‘It is a serious violation of diplo- vided names, addresses and occupations for ‘‘The fact that the money came from the In- matic protocol for an ambassador to attempt those individuals so that the PAC could file dian Embassy and that so many people were to influence or intervene in domestic politi- the required reports with the FEC. manipulated into participating in the cal contests. The voters of New Jersey and The PAC, in return, made political con- scheme takes this case to a higher level than South Dakota should have the opportunity tributions to federal candidates selected by we normally see in these kinds of investiga- to make up their own minds without foreign Gadhia in the November elections. tions.’’ interference.’’ For the most part, the money donated to In an interview with India Abroad, she had He said that had the American Ambassador the PAC did not come from the contributors, said that ‘‘we don’t normally have crimes in- to India attempted ‘‘to sway an election, prosecutors, said. At least $31,400 of the volving diplomats,’’ and acknowledged that there would be howls to protest.’’ funds provided to the PAC were laundered by as far as she could remember, such a case of In her reply to Burton, Larkin said the individuals who issued checks to the Indian- a diplomat trying to circumvent U.S. elec- State Department appreciated ‘‘the non- American Leadership Fund and then were re- tion laws was unprecedented. partisan nature of your concern.’’ imbursed in cash for their contributions by The State Department official said that if EX-ENVOY DENIES U.S. CAMPAIGN TIE Gadhia or his intermediaries, according to Singh had remained in Washington as an em- the FBI. bassy official, even though he would have en- (By P.B. Chandra) Prosecutors said Gadhia used the same joyed diplomatic immunity, ‘‘it would have JAIPUR.—Devendra Singh, a former senior type of scheme to launder $15,000 in illegal raised other issues about his status in the diplomat of the Indian Embassy in Washing- contributions that he provided directly to a country and things like that,’’ that could ton, has denied his involvement in the illegal number of federal election campaigns. have resulted in the U.S. calling for his ex- campaign contributions funneled through pulsion. the Indian American Political Action Com- U.S. CONCERN ON EMBASSY POLITICAL ROLE ‘‘But as things stand right now,’’ the offi- mittee (PAC). cial said, Raphel’s strong expression of con- Singh is currently the Director-General of (By Aziz Haniffa) cern was the extent of the State Depart- Police of Rajasthan. He served as a Minister, WASHINGTON.—Barely two weeks into his ment’s action in the case, which had been re- Community Affairs in the Indian mission term after presenting his credentials to ferred to it by the Justice Department. from 1990 to 1995 before returning to India. President Clinton, India’s new Ambassador, Raphel’s call to Chandra expressing the Singh told ‘‘India Abroad’’ he did not give Naresh Chandra, received a strong complaint Administration’s strong concern comes close any money to Lalit H. Gadhia, a longtime from the Clinton Administration about its on the heels of the State Department in Democratic party activist, in illegal cam- concern over the Indian Embassy’s alleged March informing a senior member of Con- paign contributions. Reacting to media re- interference in the American political proc- gress that the Indian Embassy had given as- ports that Gadhia had pleaded guilty to ille- ess. surances that it was not interfering in Amer- gally raising the funds and named Singh as State Department officials said that Robin ica’s political process. the diplomat who gave Gadhia the money, Raphel, Assistant Secretary of State for In a letter to India’s most acerbic critic in Singh said his job as Minister, Community South Asian Affairs and the Administra- Congress, Rep. Dan Burton, Republican of In- Affairs demanded that he should meet var- tion’s point person for the subcontinent, had diana, Barbara Larkin, acting Assistant Sec- ious people but he never paid any amount to called Chandra to raise the issue about the retary for Legislative Affairs, said, ‘‘We have anyone for financing any candidate’s elec- Justice Department’s finding that an Indian raised the episodes you mention and have tion. Singh was the security officer of late diplomat at the embassy here was the source been reassured of India’s commitment to Prime Minister Rajiv Gandhi before being of thousand of dollars of illegal campaign noninterference in the domestic political af- transferred to the Washington mission. contributions funneled through an Indian- fairs on any state.’’ When asked about an air freight receipt American political action committee by a On Feb. 13, Burton, a member of the House and copy of the report sent by Gadhia to him longtime Democratic Party activist. International Relations Committee, wrote to and which was subsequently seized by U.S. On May 8, in a submission of a ‘‘statement Secretary of State Warren Christopher com- Federal Bureau of Investigation agents in of facts’’ filed in court as the basis for a plaining of a ‘‘series of actions taken by the Gadhia’s office, Singh said he knew nothing guilty plea entered by Lalit H. Gadhia, 58, Embassy of India, which I believe clearly about the air freight receipt and reports. the office of the U.S. District Attorney in constitute inappropriate involvement in do- When Singh was asked whether he could be Baltimore, Maryland, said, ‘‘The evidence in- mestic U.S. politics.’’ He urged Christopher, called to court to give evidence against dicates that the source of the cash used by at his ‘‘earliest opportunity,’’ to protest Gadhia, he said the case related to the period Mr. Gadhia to finance the nominee contribu- ‘‘this breach of protocol with the Indian gov- when he enjoyed complete diplomatic immu- tions was Devendra Singh, an individual as- ernment.’’ nity. signed to the Indian Embassy in Washing- First, he said, ‘‘Ambassador Siddhartha When asked whether it was true that ton.’’ Singh, who was Minister, Community Shankar Ray openly and actively endorsed Gadhia has implicated him while making the May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5551 guilty plea in the court, Singh said that in and other minorities for many years. The re- to ask for a minimum wage increase. all such cases the Indian mission was an- cent payoff scandal that helped to bring Indeed, Mr. Speaker, I recall that when swerable. Singh said then Indian Ambassador down the Congress Party showed the world I was working my way through college, Siddhartha Siddhartha Shankar Ray had that in addition to being a brutal tyranny, as a bunch of people in this country clarified the Indian mission’s viewpoint and India is corrupt and its claim to be a ‘democ- there was nothing much left to be added to racy’ is hollow. This money-laundering cam- have done, I worked at minimum wage, that. paign contribution scheme shows India’s and I remember that the only collec- total disregard for democratic principles in tive bargaining agent I ever had when INDIAN EMBASSY CAUGHT RED-HANDED—FUND other countries as well,’’ Dr. Aulakh said. I worked in that hospital carrying bed RAISER ADMITS ILLEGALLY LAUNDERING PO- ‘‘Obviously, the regime believes that every- pans, and when I did other work along LITICAL CONTRIBUTIONS one is as corrupt as they are,’’ he stated. that line, the only collective bargain- WASHINGTON, D.C., May 14—Lalit H. ‘‘These practices are unacceptable, and I ing agent I ever had was the Federal Gadhia, a major political fundraiser in Mary- hope that Mr. Gadhia’s confession will not be Government when it raised the mini- land, has confessed that he laundered over the end of the investigation. The Embassy is deeply involved in this scheme, and its in- mum wage. That is the only way I was $46,000 in political contributions from the In- going to see a wage increase, and it was dian Embassy to Members of Congress, volvement should be exposed and punished.’’ Thursday’s Baltimore Sun reported. Gadhia, f the only way that millions of others 57, former campaign treasurer for Maryland were. The SPEAKER pro tempore. Under a Mr. Speaker, there were amendments Governor Parris Glendening and a Baltimore previous order of the House, the gen- immigration lawyer, confessed to the scheme that would have greatly stripped the tleman from California [Mr. RIGGS] is in the U.S. District Court in Baltimore, ac- minimum wage coverage. One of the cording to the report. recognized for 5 minutes. amendments, the Goodling amend- Under the plan, Gadhia used money pro- [Mr. RIGGS addressed the House. His ment, while it would have raised the vided by the Indian Embassy here to reim- remarks will appear hereafter in the minimum wage, would have also re- burse Indian Americans and Indians living in Extensions of Remarks.] moved 10 million people from possible the United States for contributions they f made to the candidates the Embassy sup- coverage by the minimum wage. That ported. According to the report, the Em- THE MINIMUM WAGE certainly would not have been much of bassy, through Gadhia, illegally gave $31,400 a victory. We could have celebrated the to the Indian American Leadership Invest- The SPEAKER pro tempore. Under a seven people left who could still qual- ment Fund, a Los Angeles-based political ac- previous order of the House, the gen- ify for an increased minimum wage. tion committee, which then distributed it to tleman from West Virginia [Mr. WISE] Mr. Speaker, just a few days ago, this candidates. It is illegal for noncitizens to is recognized for 5 minutes. House passed legislation to repeal the contribute to U.S. political campaigns or for Mr. WISE. Mr. Speaker, I rise to gas tax for 7 months, a 4.3-cent-a-gal- anyone to make a contribution in another speak in support of why I supported the person’s name. lon gasoline tax for 7 months. Well, Mr. increase of the minimum wage from Speaker, I think it ironic that that ac- The Embassy officials in charge of the $4.25 an hour to $5.15 an hour. scheme, former Ambassador S.S. Ray and tion takes place. We were able to pass former Embassy staffer Devendra Singh, One of the basic reasons I supported the gasoline tax suspension for 7 have both returned to India. Mr. Ray was a raising the minimum wage in this months. That, incidentally, gets you losing candidate for Parliament in the re- house today was, there are about through the election. I guess that is to cent elections and Mr. Singh holds a high- 112,000 reasons: The 112,000 payroll posi- enable people to get gasoline to drive ranking position with the Rajasthan state tions in West Virginia that will see a to the polls. police. On February 19, 1995, Indian Foreign wage increase because of this vote, The minimum wage increase is a real Minister R.L. Bhatia said at a press con- roughly 17 percent of our work force. measure. It puts money into people’s ference that ‘‘there is a strong anti-India Mr. Speaker, this is important be- lobby in the United States. We are spending pockets. It gives them far more than large sums of money through Ambassador cause it means it boosts their level of the gasoline tax repeal for 7 months Ray to neutralize it.’’ During the time that income. It makes them consumers. It ever would have given them. It gives Mr. Ray was Governor of Punjab. Sikhs makes them participants. The mini- them an increase over a 2-year period spoke of ‘‘the three Rs—Ray, Ribeiro, and mum wage has not been raised since to $5.15, or 90 cents an hour. It is what Rajiv’’—a very repressive trio. Julian 1991 when it finally reached $4.25 an permits that person to recognize some Ribeiro was Director General of Police at the hour. Moses wandered in the wilderness fruits of their labor. time. He and Mr. Ray are responsible for infor 40 years. The minimum wage is at We are asking a lot of people in wel- stituting the tactic of the fake ‘‘encounter’’ an all-time buying low, 40-year buying in Punjab. In a fake encounter, a Sikh will fare reform to get off of welfare, as be killed by the police or while in custody, low, and it is time that it be raised. In they should, to go to work. What Kind then they will report that he died in an ‘‘en- fact, Mr. Speaker, it was just a few of reward is there if you do not get a counter,’’ thus providing cover for the kill- years ago that in the 1950’s, 1960’s and pay increase since 1991? I might add, I ing. early 1970’s that the minimum wage went to the supermarket the other Dr. Gurmit Singh Aulakh, President of the was designed to be about one-half of night. Nobody stopped the food prices Council of Khalistan, the government in the average manufacturing wage. from increasing. Gasoline prices have exile of Khalistan, confronted Mr. Ray in the Today it is somewhere around one- been increasing. Everything else has hall of the Longworth House Office Building, third of that amount. calling him ‘‘the Butcher of Punjab.’’ The been increasing since 1991. But wages of confrontation was picked up by the media. So the minimum wage has steadily people who do a lot of the basic work in Mr. Ray returned to India shortly after that dropped, and I know, Mr. Speaker, we this country have not. confrontation. The new ambassador, Naresh have heard the arguments about how So my hope is that this can be the Chandra, brought his brother, Girish much it is a job killer and less people first step in improving the working Chandra Saxena, to the Embassy with him. will be hired. The studies do not seem conditions of a lot of middle-income Girish Saxena is a former head of India’s Re- to indicate that. But let me also sug- working people in our country. No, this search and Analysis Wing (RAW), which in- gest that we have heard that argument is not the only step. There is a lot that filtrated Sikh militant organizations before every time since the 1930’s when the needs to be done to grow jobs. There is the ‘‘Operation Bluestar’’ attack on the Golden Temple and 38 other Sikh temples minimum wage was first raised. Time a lot that must be done in education. throughout Punjab, Khalistan, in June 1984 after time that has been trotted out. There is a lot that must be done build- in which over 20,000 Sikhs were killed. Am- Abut 81⁄2 million jobs have been created ing the public works, the roads, the bassador Chandra himself has recently been in the past 31⁄2 years. So the minimum bridges, the water and the sewer sys- implicated in illegal smuggling of CFCs from wage is certainly not a factor in job re- tems, the industrial parks. But making India to the United States. CFCs have been tardation. sure that people are paid a fair and banned in the United States since January 1. Indeed, most of the jobs we are hop- adequate wage, raising the minimum According to the Customs Service, CFCs are ing to create are not minimum wage wage for the first time in 5 years, rais- now the number two problem after illegal drugs. jobs. But for those people who have to ing it from the lowest point in 40 years ‘‘Mr. Gadhia’s confession shows the moral work at 40 hours a week, trying to get in terms of buying power that it has bankruptcy of the Indian regime,’’ said Dr. by doing exactly what society asks had, I think that is a significant ac- Aulakh. ‘‘India has been murdering Sikhs them to do, I think it is not too much complishment. H5552 CONGRESSIONAL RECORD — HOUSE May 23, 1996 So I am glad that on a bipartisan bers of the House, and I am pleased to cess of the Senate and the House of Rep- basis we were finally able to fight to say that they are beginning to come resentatives. bring this minimum wage bill to the on. Mr. ARMEY has become a cosponsor The message also announced that floor, to get it on the floor, to defeat today, and I am very grateful for that. pursuant to Public Law 104–52, as the crippling amendments that would The Chairs of both caucuses, Repub- amended by Public Law 104–134, the have removed much of the coverage of lican and Democrat in this House, sup- Chair, on behalf of the majority leader, the minimum wage, and to pass it on port the bill. appoints the Senator from Iowa, Mr. the House floor. Why is there such support for this GRASSLEY; David L. Keating, of Mary- It goes now to the Senate. My hope is bill? In large part, it is because the land; J. Fred Kubik, of Kansas; and that there it will move equally as District is trying to do it the old fash- Mark L. McConaghy, of Washington, quickly, and then to the President for ioned way. This tax break will not D.C., to the National Commission on his signature. come to the Government of the Dis- Restructuring the Internal Revenue Mr. Speaker, it is a good day that the trict of Columbia but to the residents, Service. minimum wage finally looks like it who with their own money, will revive The message also announced that may be increased this year. their own city. pursuant to Public Law 104–52, as f The District is the only city in the amended by Public Law 104–134, the United States that pays for State, Chair, on behalf of the Democratic RESIDENTS OF THE DISTRICT OF county and municipal functions. When leader, appoints the Senator from Ne- COLUMBIA it was a city of 800,000 people, as it was braska, Mr. KERREY; and Fred T. Gold- The SPEAKER pro tempore. Under a when I was a kid growing up in this berg, Jr., of Missouri, to the National previous order of the House, the gentle- town, it could do that. Now it is a town Commission on Restructuring the In- woman from the District of Columbia of half a million people, and it simply ternal Revenue Service. [Ms. NORTON] is recognized for 5 min- cannot pay for Medicare, cannot pay f utes. for a State prison, cannot pay for a Ms. NORTON. Mr. Speaker, I recog- State university all by itself. COMMUNICATION FROM CHAIRMAN nize that the day has been much de- The District is the only city in the OF COMMITTEE ON TRANSPOR- voted to a discussion of the minimum United States that is barred by the TATION AND INFRASTRUCTURE wage. This member is trying her best Congress of the United States from en- The SPEAKER pro tempore laid be- to make certain that more than mini- acting a commuter tax, so all the com- fore the House the following commu- mum wage residents continue to live in muters come here, use the services my nication from the chairman of the the District. I have just come back residents provide and do not leave one Committee on Transportation and In- from the other body, where Senator thin dime. frastructure, which was read and, with- CONNIE MACK, the chairman of the The District is the only jurisdiction out objection, referred to the Commit- Joint Economic Committee, has just that flies the American flag, where tee on Appropriations. Federal income taxes are paid by the introduced the DC Economic Recovery HOUSE OF REPRESENTATIVES, COM- Act on the Senate side, the bill I intro- residents, but they have no voting rep- MITTEE ON TRANSPORTATION AND duced on April 15 on the House side, in resentation in the House or in the Sen- INFRASTRUCTURE, order to give a tax reduction to the ate. That, my friends, I am sure you Washington, DC, May 13, 1996. residents of the District of Columbia, will agree, is un-American. Hon. NEWT GINGRICH, Office of the Speaker, U.S. House of Representa- who are fleeing in awesome numbers. b 1615 The District does not have a State, tives, Washington, DC. We would still pay Federal income DEAR SPEAKER GINGRICH: Pursuant to the so any tax incentive—tax cut will have taxes under my bill, but we would not provisions of the Public Buildings Act of to come from this body. The alter- be second per capita in Federal income 1959, I am transmitting resolutions approved native to a tax cut to help to keep mid- taxes, as we are today. When you join by the Committee on Transportation and In- dle-income residents in the city is an- our local taxes with our Federal taxes, frastructure on May 9, 1996. nual increases of a very significant With kind personal regards, I remain the residents of the District of Colum- Sincerely, magnitude in the Federal payment. bia are the highest taxed residents in The reason that would be necessary is BUD SHUSTER, the United States. Chairman. that the Constitution requires the Con- The District does not say ‘‘Give me gress of the United States to maintain There was no objection. some more money.’’ The District says, f the Capital of the United States. For the House and the Senate, the Demo- over 200 years, it is the residents of the crats and the Republicans, yes, and the COMMUNICATION FROM CHAIRMAN Capital of the United States who have administration, all have their versions OF COMMITTEE ON TRANSPOR- maintained the capital, but their flight of tax cuts. If taxes are to be cut, let TATION AND INFRASTRUCTURE in great numbers and the insolvency of the cutting start in the capital of the The SPEAKER pro tempore laid be- the city put the capital of the United United States, which does not have full fore the House the following commu- States at risk. representation, and therefore is taxed nication from the chairman of the No one can doubt that this is the case without representation, in the capital Committee on Transportation and In- if you look at the chart before us. The of the United States, which is spiral- frastructure, which was read and, with- tax base is already gone. Eighty-three ling downward, and needs to give peo- out objection, referred to the Commit- percent of tax filers have an income of ple an incentive to remain in this beau- tee on Appropriations. less than $50,000. To quote Senator tiful city. HOUSE OF REPRESENTATIVES, COM- MACK: This will not be the capital we are all MITTEE ON TRANSPORTATION AND Washington’s situation is desperate. Mid- proud of if we let it continue to go INFRASTRUCTURE, dle-income residents have been fleeing the down. Please sign on to the DC Eco- Washington, DC, May 13, 1996. city in startling numbers. nomic Recovery Act, as three Senators Hon. NEWT GINGRICH, Senator MACK was not alone in intro- have today. Speaker, U.S. House of Representatives, Wash- ducing this bill. Senator JOSEPH f ington, DC. LIEBERMAN, a Democrat, became the DEAR MR. SPEAKER: Enclosed are copies of cosponsor today, as well, and both MESSAGE FROM THE SENATE resolutions adopted on March 7, 1996 and spoke at this press conference. What I A message from the Senate by Mr. May 9, 1996 by the Committee on Transpor- tation and Infrastructure. A copy of the res- did not know until I walked into the Lundregan, one of its clerks, an- olutions are being transmitted to the De- press conference was that yet another nounced that the Senate had passed a partment of the Army. Senator had on this very first day of concurrent resolution of the following With kind personal regards, I remain the introduction of the bill come on, title, in which the concurrence of the Sincerely, Senator SPENCER ABRAHAM. House is requested: BUD SHUSTER, Mr. Speaker, I sent my ‘‘dear col- S. Con. Res. 60. Concurrent resolution pro- Chairman. league’’ letters out yesterday to Mem- viding for a conditional adjournment or re- There was no objection. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5553 RETIREMENT SAVINGS AND SECU- would enable employers to put serve special consideration by the Con- RITY ACT—MESSAGE FROM THE more money into benefits and less gress. In addition, many of the provi- PRESIDENT OF THE UNITED into paying lawyers, accountants, sions and concepts in this Act have STATES (H. DOC. NO. 104–221) consultants, and actuaries. been previously proposed by this Ad- The SPEAKER pro tempore laid be- —Increase the ability of workers to ministration and have broad bipartisan fore the House the following message save for retirement from their first support. from the President of the United day on the job by removing barriers American workers deserve pension States; which was read and, together to pension portability. In particu- security—as well as a decent wage, life- with the accompanying papers, without lar, employers would be encouraged long access to high quality education objection, referred to the Committee no longer to require a 1-year wait and training, and health security—to on Ways and Means, the Committee on before employees can contribute to take advantage of the opportunities of Economic and Educational Opportuni- their pension plans. The Federal our growing economy. ties, the Committee on Government Government would set the example I urge the prompt and favorable con- Reform and Oversight, and the Com- for other employers by allowing its sideration of this legislative proposal mittee on Transportation and Infra- new employees to begin saving by the Congress. structure and ordered to be printed. through the Thrift Savings Plan WILLIAM J. CLINTON. To the Congress of the United States: when they are hired, rather than THE WHITE HOUSE, May 23, 1996. I am pleased to transmit today for having to wait up to a year. In ad- f the consideration of the Congress the dition, the Act would reduce from ‘‘Retirement Savings and Security 10 to 5 years the time those partici- PROVIDING FOR CONDITIONAL AD- Act.’’ This legislation is designed to pating in multiemployer plans— JOURNMENT OR RECESS OF SEN- empower all Americans to save for union plans where workers move ATE AND HOUSE OF REPRESENT- their retirement by expanding pension from job to job—must work to re- ATIVES coverage, increasing portability, and ceive vested benefits. It would also The SPEAKER pro tempore laid be- enhancing security. By using both em- help ensure that returning veterans fore the House the following privileged ployer and individual tax-advantaged retain pension benefits and that Senate concurrent resolution (S. Con. retirement savings programs, Ameri- workers receive their retirement Res. 60) providing for a conditional ad- cans can benefit from the opportunities savings even when a previous em- journment or recess of the Senate and of our changing economy while assur- ployer is no longer in existence. the House of Representatives. ing themselves and their families —Expand eligibility for tax-deduct- The Clerk read the Senate concur- greater security for the future. A gen- ible IRAs to 20 million more fami- rent resolution, as follows: eral explanation of the act accom- lies. In addition, the Act would en- S. CON. RES. 60 panies this transmittal. courage savings by making the use Today, over 58 million American pub- of IRAs more flexible by allowing Resolved by the Senate (the House of Rep- lic and private sector workers are cov- resentatives concurring), That when the Sen- penalty-free withdrawals for edu- ate recesses or adjourns at the close of busi- ered by employer-sponsored pension or cation and training, purchase of a ness on Thursday, May 23, 1996, Friday, May retirement savings plans. Millions first home, catastrophic medical 24, 1996, or Saturday, May 25, 1996, pursuant more have been able to save through expenses, and long-term unemploy- to a motion made by the Majority Leader or Individual Retirement Accounts ment. It would also provide an ad- his designee, in accordance with this resolu- (IRAs). The Retirement Savings and ditional IRA option that provides tion, it stand recessed or adjourned until Security Act would help expand pen- tax-free distributions instead of noon on Monday, June 3, 1996, or Tuesday, sions to the over 51 million American tax-deductible contributions. June 4, 1996, or until such time on that day private-sector workers—including over as may be specified by the Majority Leader —Enhance pension security by pro- or his designee in the motion to recess or ad- three-quarters of the workers in small tecting the savings of millions of journ, or until noon on the second day after businesses—who are not covered by an State and local workers from their Members are notified to reassemble pursuant employer-sponsored pension or retire- employer’s bankruptcy, as hap- to section 2 of this concurrent resolution, ment savings program and need both pened in Orange County, California. whichever occurs first; and that when the the opportunity and encouragement to The Act would (1) require prompt House of Representatives adjourns on the start saving. Women particularly need reporting by plan administrators legislative day of Thursday, May 23, 1996, it this expanded coverage: fewer than and accountants of any serious and stand adjourned until 2:00 p.m. on Wednes- one-third of all women retirees who are day, May 29, 1996, or until noon on the second egregious misuse of funds; (2) dou- day after Members are notified to reassemble 55 or older receive pension benefits, ble the guaranteed benefit for par- pursuant to section 2 of this concurrent reso- compared with 55 percent of male retir- ticipants in multiemployer plans in lution, whichever occurs first. ees. the unlikely event such a plan be- SEC. 2. The Majority Leader of the Senate The act would also help the many comes insolvent; and (3) enhance and the Speaker of the House, acting jointly workers who participate in pension benefits of a surviving spouse and after consultation with the Minority Leader plans to continue to save when they dependents under the Civil Service of the Senate and Minority Leader of the change jobs. It would reassure all Retirement System and the Rail- House, shall notify the Members of the Sen- ate and the House, respectively, to reassem- workers who save through employer- road Retirement System. sponsored plans that the money they ble whenever, in their opinion, the public in- —Ensure that pension raiding, such terest shall warrant it. have saved, as well as that put aside by as that which drained $20 billion The Senate concurrent resolution employers on their behalf, will be there out of retirement funds in the 1980s, was concurred in. when they need it. never happens again—by retaining A motion to reconsider was laid on The Retirement Savings and Secu- the strong current laws preventing the table. rity Act would: such abuses and by requiring peri- —Establish a simple new small busi- odic reports on reversions by the f ness 401(k)-type plan—the National Secretary of Labor. TURKISH STUDIES PROGRAM Employee Savings Trust (NEST)— Many of the provisions of the Retire- and simplify complex pension laws. ment Savings and Security Act are The SPEAKER pro tempore. Under a The NEST is specifically designed new. In particular, provisions facilitat- previous order of the House, the gen- to ensure participation by low- and ing saving from the first day on the tleman from New Jersey [Mr. PALLONE] moderate-wage workers, who will job, in both the private sector and the is recognized for 5 minutes. be able to save up to $5,000 per year Federal Government; the doubling of Mr. PALLONE. Mr. Speaker, I rise tax-deferred, plus receive employer the multi-employer guarantee; and im- today to express my serious concern contributions toward retirement. proving benefits for surviving spouses about what I consider a troubling case The act would encourage employers and dependents of participants in the of the manipulation of historical fact of all sizes to cover employees Civil Service Retirement System and under the guise of academic integrity. under retirement plans, and it the Railroad Retirement System de- This is happening at a university in my H5554 CONGRESSIONAL RECORD — HOUSE May 23, 1996 own State, Princeton University, an the Armenian presence in the areas Turks and a handful of American scholars, Ivy League university and one of the now in Eastern Turkey by changing ge- among them Professor Lowry, contend that leading institutions of higher learning ographic names and destroying Arme- the Armenian deaths were the unintended rein the Nation and in the world. nian religious and cultural monu- sult of wartime deprivation, while the Arme- As the New York Times reported yes- nians and many more American scholars ments. This was not a random violence, consider it genocide centrally planned by the terday, Princeton accepted $750,000 Mr. Speaker, but a concerted program Ottoman Turks. from the Government of Turkey to to eliminate the Armenian people and The attacks on Princeton erupted last year endow a new Attaturk Chair of Turkish culture. It was, as we now use the with a critical article in the academic jour- Studies in the Department of Near term, ‘‘a genocide.’’ nal Holocaust and Genocide Studies by the Eastern Studies and hired a professor, While Professor Lowry and others scholar Robert Jay Lifton. In February, a Heath W. Lowry, who worked for the have the freedom to publish, obviously, group of 100 scholars and writers published a Turkish Government as executive di- denunciation of the Turkish Government and what they like, I question whether it Professor Lowry in The Chronicle of Higher rector of the Washington-based Insti- sets a good precedent for a major uni- Education, a weekly journal; the signers in- tute of Turkish Studies. Professor versity to accept funding from a for- cluded Alfred Kazin, Norman Mailer, Arthur Lowry has written and spoken exten- eign government to essentially pro- Miller, Joyce Carol Oates, Susan Sontag, sively, questioning whether or not the mote its propaganda. Many scholars William Styron, David Riesman and John Armenian genocide committed by the agree, and have sharply criticized Updike. And a group of nearly 200 Armenian- Turkish Ottoman Empire between the Princeton because that is exactly what Americans held a protest meeting last years 1915 and 1923 actually occurred. is happening. I would hope that Prince- Wednesday night at the Princeton Club in Mr. Speaker, last month, on April 24, New York City. ton would seriously reconsider taking For his part, Professor Lowry says his more than 40 Members of this body money from the Government of Turkey skepticism about whether the deaths were from both sides of the aisle took part for this purpose or, at a minimum, centrally planned simply reflects adherence in a series of special orders commemo- would somehow build into its program to scholarly rules of evidence. rating the 81st anniversary of the certain safeguards to prevent the Turk- ‘‘The Turkish Government is just as un- unleashing of this genocide against the ish Government influence over essen- happy with a lot of my work as are some of Armenian people. It was planned and tially what the professor or others the Armenians who attack me,’’ he said. ‘‘I have never denied the terrible suffering and executed in the name of Turkish na- might say. tionalism in the final years of the deaths of hundreds of thousands of Arme- Mr. Speaker, I know that this is just nians during the First World War. But I ob- Ottoman Empire. Eventually, 1.5 mil- one example, if you will, of how the ject to the use of the word genocide until the lion Armenian men, women, and chil- Turkish Government tries to influence relevant records are located, studied and dren were murdered in this first, what goes on in this country, not only have proved that genocide is in fact the most though sadly not the last, genocide in here in Congress, but also through our accurate term to describe this tragedy.’’ the 20th century. Although the word institutions of higher education, but I The furor over the appointment was prompted by an odd incident involving Pro- ‘‘genocide’’ had not yet been coined, think it is terribly important that genocide is what happened. It is a great fessor Lifton, who teaches at the John Jay Princeton University and other univer- College of Criminal Justice in Manhattan. In and noble effort for this Congress to sities like it do not continue to let October 1990, the Turkish Ambassador to the recognize that the genocide occurred. I their academic programs be influenced United States, Nuzhet Kandemir, wrote to will be working with my colleagues because of the money that is being do- Professor Lifton, upbraiding him for refer- from both sides of the aisle to enact a nated, in this case by Turkey, or other ring in his latest book to the ‘‘so-called’’ ‘Ar- resolution officially recognizing the foreign governments. menian genocide.’ ’’ historic fact that the genocide oc- Mr. Speaker, I would like, if I could, Professor Lifton was not surprised by the curred and urging Turkey, the recipi- attack, but he was by a puzzling enclosure to include the article that was in the with the letter. It was a memo from Profes- ent of millions of dollars in United New York Times on Wednesday, May sor Lowry to the Ambassador that showed States assistance, to finally end its de- 22, entitled ‘‘Princeton Is Accused of Professor Lowry had drafted the official ceitful policy of denying that the geno- Fronting for the Turkish Govern- Turkish Government protest to the Lifton cide ever took place. ment.’’ book. The memo said Professor Lowry was writ- While remembering the Armenian (By William H. Honan) genocide is important in its own right ing to Ambassador Kandemir ‘‘with an eye to A group of prominent scholars and writers drafting a letter for your signature to the from the standpoint of honoring the contends that Princeton University is allow- victims and providing future genera- author.’’ ing itself to be used by the Turkish Govern- In the Holocaust and Genocide Studies ar- tions with an important example of ment as a center for propaganda about Tur- ticle last year, Professor Lifton revealed the what can happen when ethnic hatred key’s role in the massacre of a million Arme- memo and branded Professor Lowry as an goes unchallenged, one of the most im- nians during World War I. apologist for the Turkish Government. portant reasons for commemorating Three years ago, the university accepted In a recent interview, Professor Lowry ac- the genocide is to challenge the efforts $750,000 from the Government of Turkey to knowledged that his memo to Ambassador of those who deny that it occurred. endow a new Ataturk Chair of Turkish Stud- Kandemir was a mistake. ‘‘I was not a pro- Now we see this genocide denial has ies in the Department of Near Eastern Stud- fessor at Princeton when I wrote that,’’ he ies and hired a professor, Heath W. Lowry, been given a platform at one of our said. ‘‘Looking back from where I am today, who had worked for the Turkish Govern- I goofed.’’ most prestigious universities. Profes- ment, as executive director of the Washing- Professor Lowry, 53, received a Ph.D. in sor Lowry, who is recognized as one of ton-based Institute of Turkish Studies. Turkish studies from the University of Cali- the leading specialists in Turkish stud- Peter Balakian, a professor of English at fornia, Los Angeles in 1977. In 1985, he was ies, does not necessarily deny that Colgate University who has helped organize one of 69 specialists in Turkish studies who many Armenian people suffered and recent protests against the appointment, signed a petition urging that a House of Rep- died during that period of time, but he characterized Professor Lowry’s scholarship resentatives resolution condemning the claims that the word ‘‘genocide’’ is not as ‘‘evil euphemistic evasion’’ and charged crime of genocide should not include the Ar- that his appointment at Princeton was an in- the most accurate word to describe this menian massacres. These crimes, the peti- stance of a foreign government buying credi- tion stated, were the result of ‘‘intercom- tragedy. Coincidentally, this has been bility for its propaganda by endowing a chair munal warfare’’ complicated by ‘‘disease, the line put out by the Turkish Gov- at an American university and influencing famine, suffering and massacres.’’ ernment and its apologists. the choice of who fills the post. ‘‘In my opinion,’’ he said in an interview, The Turkish spin that has been put Princeton has defended the appointment of ‘‘it was a total breakdown in civil authority on the genocide is disputed by a large Professor Lowry through a terse statement on the part of a young, revolutionary gov- volume of documented evidence, much by Amy Gutmann, the dean of the faculty, ernment fighting a world war simulta- of it collected by American diplomats declaring that the university ‘‘does not per- neously on a number of fronts. That govern- and journalists on the scene. There is mit donors of chairs to influence the out- ment’s decision to relocate its Armenian come of its appointment process.’’ citizenry into north Syria created a situa- also the testimony of the survivors. Debates on responsibility for the Armenian tion in which the deportees were subjected to There was, in conjunction with the massacres in 1915 and 1916 have gone on for attacks by marauding Kurdish tribesmen, physical destruction of the Armenian years, and have accelerated recently with starvation and the ravages of cholera and ty- people, the effort to erase all traces of the rising interest in Holocaust studies. The phus epidemics.’’ May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5555 The current scholarly debate over the Ar- for 30 minutes as the designee of the busy today, you missed the inimitable menian deaths focuses on three principal majority leader. Maureen Dowd, her column in the New sources of evidence: the memoirs of Henry Mr. DORNAN. Mr. Speaker, I signed York Times, America’s paper of record. Morgenthau, who was the United States Am- up for 60 minutes, but my colleague All the news that fits—I mean all the bassador to Turkey from 1913 to 1916; a re- from the beautiful adjoining Southern mark that Hitler reportedly made in 1939, news that is fit to print. That was not and cable traffic and other messages from California district to the south, which deliberate. I have said it the other way German diplomats stationed in Turkey dur- has some of the most beautiful surf in so often that I did not mean to do that. ing World War I. the Nation, I am landlocked, Mr. DANA All the news that is fit to print. Vahakn N. Dadrian, a sociologist who ROHRABACHER, will follow me. I gladly Maureen Dowd was going to title her wrote ‘‘The History of the Armenian Geno- gave him 30 minutes of my time. He column on Mr. Clinton ‘‘Hiding Behind cide’’ (Berghahn Books, Providence, 1995), has some very important things upon the Soldiers and Sailors Relief Act of said that Ambassador Morganthau’s mem- which he will report to his district, the 1940,’’ and I will explain that in some oirs—published in 1918—provided ‘‘conclusive proof’’ that the Turks committed genocide. Nation, the Members of this House, all brief detail, what it is and what it is ‘‘Morgenthau reported that when he com- through you, Mr. Speaker. not. It involves only civil cases, by the plained to top Turkish leaders about reports Mr. Speaker, I just left Speaker way, not criminal charges. It does not that women, children and old people were NEWT GINGRICH’s office, and he told us cover sexual harassment. But Maureen being marched into the desert to be killed,’’ earlier that if he got 235 signatures on Dowd told me she was going to call her Professor Dadrian said, ‘‘he was told: ‘We a letter to Mr. Clinton asking him in column ‘‘Sergeant Bilk.’’ I said well, I can’t make distinctions. Those who are not the name of duty, honor and country, would have called it ‘‘No Bridge Too guilty today will oppose us in the future.’ ’’ to remove from his legal pleadings to But Professor Lowry counters that official Far.’’ Cross my heart, that is what I records he discovered show that Robert Lan- get out of giving Paula Corbin Jones, said, Mr. Speaker, right in that Speak- sing, the Secretary of State then, rewrote the young lady who is claiming sexual er’s lobby. And guess what she calls her parts of the memoirs, and that the book— harassment, alleging a case of some- column? ‘‘No Bridge Too Far.’’ long considered a standard in the annals of thing beyond sexual harassment, at the Above her name, which appears be- diplomatic history—is filled with ‘‘outright high end of it, that category where it is cause she would be one of their senior lies and half-truths’’. His findings were pub- a crime, that he not have to give her columnists, above her own name lished in 1990 by an academic press in Istan- her day in court, that he not appear in Maureen Dowd appears ‘‘Liberties.’’ It bul. court, because, among many other friv- The remark by Hitler is another matter of is kind of a top headline. And then a contention among scholars. He is reported to olous reasons, that he should be consid- subject-headline says, I can hear the have said in a private meeting with SS chiefs ered an active duty military officer as music, ‘‘He’s in the Army now.’’ And at Obersalzberg, on the eve of the invasion of the Commander-in-Chief of the Armed here is her column, dateline ‘‘Washing- Poland: ‘‘Be merciless in exterminating Pol- Forces of the United States. ton.’’ That is where Maureen Dowd ish men, women and children. Who, after all, He refers to a not obscure, but not covers the whole wild scene inside the speaks today of the annihilation of the Ar- often used, act of this Congress in 1940, Beltway, from right here in the arena menians?’’ and it is called the Soldiers and Sailors listening to the screams of the Chris- Professor Lifton said the quotation not Relief Act of 1940, and that is what he tians and the roars of the lions. only confirms the genocide of the Armenians is claiming through his lawyer, Bob but indicates that ‘‘if you don’t confront She says, ‘‘As A society, we haven’t genocide, the next group inclined toward it Bennett, that is a Republican activist preserved our sense of shame.’’ Billy can see itself as carrying out the genocide and good friend of mine, Bill Bennett’s Graham signed off on that on May 2 in with impunity.’’ older brother, that Bob Bennett, the the rotunda. Professor Lowry said he believes the Hitler principal lawyer on what some people b 1630 quote is probably apocryphal and has been in the press are calling Clinton’s dream used to establish a false link between the team, hoping for the same impossible We have not preserved our sense of tragic history of the Turkish Armenians and outcome as killer O.J. Simpson got, shame. ‘‘But Bill Clinton is doing his the Holocaust a generation later. best’’, his best— ‘‘The Nuremberg War Crimes Tribunal dis- that they are claiming this 1940 act. To preserve our sense of shamelessness. carded this version of Hitler’s speech and re- Back to Speaker GINGRICH. He said The President and his Rasputin, Dick Mor- lied instead on a version which does not con- you get 236, of course I will be on there, ris, have broken creative new ground in tain any reference to the Armenians,’’ he make it unanimous. Well, the gen- brazenness. said. tleman from Arizona, Mr. BOB STUMP, First they snatch Republican positions The third source of evidence, German dip- who is the point man on this, I am fly- counting, not unreasonably, on the forgetful- lomatic traffic reporting the Armenian mas- ing tight wing on World War II veteran ness of voters and the expediency of Demo- sacres, is considered particularly important BOB STUMP, combat veteran, so this crats who want their Republican in the by scholars, because Turkey was a German Korean peacetime fighter pilot is right White House to win. And now they are both ally in the World War I and because in their embroiled in kerfuffles on Capitol Hill, confidential reports to Berlin, the German there with him, and in two days we got where it takes a lot to be called shameless. diplomats had no discernible reason to fal- all 235 signatures. I just left NEWT sify what they saw. GINGRICH’s office. He is 236. We picked At my age, Mr. Speaker, when I come Roger W. Smith, a professor of government up a couple of veterans on the Demo- across a new word, it is a thrill. When at the College of William and Mary in Wil- crat side of the aisle, and we are off I was a young college kid I used to read liamsburg, Va., who specializes in genocide and running with 238 signatures. a Bill Buckley column and find five studies, said the German cable traffic proves I will read the letter, in a moment words I did not know. I now know that that the deaths were genocide. when it arrives, to the President, or Bill Buckley and I are peers because I In an interview, he said, ‘‘Hans Wangenhelm, the German Ambassador to the press release. The letter will be fi- have not read a column of his in at Turkey, reported to Berlin in July 1915 that nally constructed tomorrow, delivered least 2 years where I have not known the Turkish Government ‘is really pursuing to the White House tomorrow after- every word in the column, but this one the aim of destroying the Armenian race.’ ’’ noon, on this Memorial Day weekend, is a new one. Professor Lowry said he still needed to be asking Mr. Clinton and company to Mr. ROHRABACHER, would you do me a persuaded. ‘‘If this material and newly avail- take that example of a pleading out of favor? As you prepare your succinct re- able archives from Russia, the Ottoman Em- his case, to delay until 1997 Paula marks and trenchant comments for to- pire and the various Armenian revolutionary Corbin’s day in court, or if he were to night, would you go to the big diction- organizations, points to genocide as an accurate description of what actually took win a second term, to delay it until the ary and look up this word, K-E-R-F-U- place,’’ he said, ‘‘I’ll be the first to use the next century, 2001 is when Mr. Clinton F-F-L-E-S, kerfuffles. That is what word.’’ would leave office, at noon on January Maureen Dowd says, and I will read f 20 if he gets a second term, and then this sentence again. I love to learn a Paula Corbin Jones can have her day in new word, ‘‘And now they are both em- NO BRIDGE TOO FAR court. broiled.’’ the President and his people Under the Speaker’s announced pol- Now, Mr. Speaker, you, who was one on the other side of the aisle, ‘‘in icy of May 12, 1995, the gentleman from of the first signers of the letter out of kerfuffles on Capitol Hill, where it California [Mr. DORNAN] is recognized 238, I think you might have been so takes a lot to be called shameless.’’ H5556 CONGRESSIONAL RECORD — HOUSE May 23, 1996 ‘‘In a move that marks a new level of this the bizarrest of stretches, or as ary and kerfuffles is not in the diction- chutzpah in American politics, Mr. Maureen Dowd put it, ‘‘No Bridge Too ary. So I will ask Maureen if she is Clinton’s lawyers mentioned in their Far’’, that Clinton’s pleadings in the using a British dictionary. That one is appeal to the Supreme Court’’, this is Supreme Court on the Paul Corbin so old, though, it still has sodomy in it the Supreme Court across the street Jones case is offensive to you a vet- and does not have homophobia, so there on the east side of this beautiful eran. maybe it has not been updated. Capitol Hill, Mr. Speaker, ‘‘on Paula Mr. STUMP. Mr. DORNAN, let me just But here is the rest of Maureen Corbin Jones’s sexual harassment suit thank you for all your hard work on Dowd’s column, and then I will read that the President may be protected by this, and the reason we got so involved the lead editorial in today’s Washing- the Soldiers’ and Sailors’ Civil Relief in this, it is so offensive to anyone that ton Times. Act of 1940, which was designed to give has ever worn the uniform of the Unit- She says, and I will go back one sen- American troops some protection from ed States services. The fact that this tence. civil suits while on active duty.’’ man that said one time that he did not In a move that marks a new level of And if people wonder why that is 1940 like the military and now he is trying chutzpah in American politics, Clinton’s law- instead of 1941 or 1942, remember, Mr. to hide behind the service of the mili- yers mentioned in their appeal to the Su- Speaker, that in this Chamber, in Au- tary is incredible. preme Court on Paul Corbin Jones’s sexual gust of 1941, the draft, which had been So I just want to thank you, and the harassment suit that the President may be protected by the aforementioned act of 1940, in existence for a year, was saved by Speaker signing that letter now makes, which was designed to give American troops one vote in this Chamber. It past a lit- and I thank we are waiting for one per- some protection from civil suits while on ac- tle more comfortably in the Senate. son to call in from the airport that we tive duty. And it was because we were taking somehow happened to miss, but that is President Clinton here thus seeks, young men off the farms and out of 236. these are the exact words of Bob Ben- high schools and colleges and putting Mr. BONO. Mr. Speaker, will the gen- nett, tleman yield? them in the military. No one could President Clinton here thus seeks relief foreclose on their home or hit them Mr. DORNAN. I yield to the gen- similar to that which he may be entitled as with a civil suit while they were on ac- tleman from California. Commander in Chief of the armed forces, and tive duty and pretty soon about to face Mr. BONO. I would like to enter into which is routinely available to service mem- the Japanese warlord’s treachery at a question and answer process, if I bers under his command. Not for criminal Pearl Harbor. may, with you for a second. action. Mr. BONO. Mr. Speaker, will the gen- I am baffled. You would assume that Robert Bennett, the President’s law- tleman yield? the President of the United States and yer, said he had only cited the act as Mr. DORNAN. I yield to the gen- what he does would be considered news, an example that might extend to the tleman from California. especially if you are a newspaper. Commander in Chief, not as his main Mr. BONO. It appears from your dia- Would that be a correct assumption? argument. But Mr. Bennett is getting logue here that you are rather emo- Mr. DORNAN. Absolutely. paid too much money to make the hid- tional about an issue, and I may be Mr. BONO. Do your find it interest- eous mistake of reminding the public going the wrong way, and I certainly ing that a President who has now stat- of one of Mr. Clinton’s improvidences— do not want to go against a colleague, ed that he is in the military and is his maneuvering on the draft—in de- but I though it would be a nice gesture using that for a defense and, therefore, fense of another—his wandering eye. on our part to collect funds and buy a should not be brought before any jus- Some veterans groups and BOB flak jacket for the President. tice system while he is in the military, STUMP, the Arizona Republican who is I just want to make sure that that is is only reported, and I get three papers, chairman of the House Committee on not offensive to the line of dialog that but it was only reported in the Times. Veterans’ Affairs, and I would add for you are using here. I am just curious, and perhaps you Maureen, since she spoke to me, the Mr. DORNAN. Well, you made a cred- have the answer, why would not the chairman of military personnel sub- ible case earlier to me on the floor, not Post and the Gannett paper give us committee, myself, did not care for Mr. just in humor, that if he pursued this that story? It is impossible that they Clinton’s opportunistic enlistment— and got a finding of the Supreme Court would be embarrassed to relate such a Hello sailor. that he truly was on active duty, at story, is it not? Mr. STUMP is sending the President a our press conference, one of the press, Mr. DORNAN. Well, at our press con- letter signed by 170 Republicans, ad- Less Consolving, of a local radio sta- ference, two reporters began to argue, I dendum, 236, the entire conference plus tion, I think he is syndicated, said, do not like debates at press con- two Democrats, asking him to with- ‘‘Does that mean he would have to test ferences, that it was only an example. draw his ‘‘ignoble suggestion’’, that is for HIV?’’ HENRY HYDE, our distin- They asked who had read it. Well, Mr. from our letter, from the brief. Quoting guished colleague and chairman of the STUMP of Arizona had read the Bennett from our letter: Committee on the Judiciary, said part of their pleadings, I had, and it The Founding Fathers wanted to enshrine maybe he would have to go through was more than an example. It was a the principle of civilian control of the mili- boot camp. An abbreviated one, to be hint to the judge that we will put this tary in the Constitution and did so by mak- sure. And imagine him on active duty in formal language if you will go this ing the President the civilian Commander- and all the repercussions and fallout far with this. in-Chief of the armed forces. from that. And I think the answer to your ques- And the same for the Secretary of Mr. BONO. I thank the gentleman. tion is buried in the fact that in a re- War, now called the Secretary of De- Mr. DORNAN. I have just been joined cent poll 91 percent of the elite news fense, and the three service secretaries, by Mr. BOB STUMP. I wish you would media, New York, Hollywood, all the Navy taking care of the Marine Corps. take that microphone, chairman of the major papers, and all the major papers All of them are civilians, and civilians Committee on Veterans’ Affairs. BOB here except the Washington Times, 91 rule in this great land. And that is STUMP has brought to me NEWT GING- percent said they voted for Clinton what makes us unique in all of Amer- RICH’S signature. That makes it 236. over George Bush. So that is the rea- ican history, Mr. Speaker. SUSAN MOLINARI called in from crib son. Maureen continues from our letter side with her brand new baby. I tell you what, I have here the one ‘‘You are not’’ italicized, ‘‘a person in Mr. STUMP. Yes. paper, the great Washington Times, military service nor have you ever Mr. DORNAN. I remember the baby’s that has driven the story. I see they been.’’ middle name, Ruby. I forget the first have a lead editorial that says ‘‘Bill Also in the President’s mailbag is a name. Maybe it is Susan Ruby Paxon. Clinton Military Man?’’ letter from Republican Congress- So that makes it 236. So it is official. So let me finish Maureen Dowd’s col- women: Our troops here of about 8 had Let me just thank you, Mr. Chair- umn, stay right where you are, if you a press conference yesterday, demand- man, and if you would tell us briefly have the time. Mr. ROHRABACHER ing that Dick Morris, otherwise re- why you as a World War II veteran find looked up the word in this big diction- ferred to as Rasputin, be fired for doing May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5557 jury duty polling, jury duty polling, for Now to the Washington Times. Bill be dispelled with the wave of Mr. Ben- Alex Kelly of Darien, CT, the unsavory Clinton, Military Man, lead editorial. nett’s legal hand. teenage burglar who fled the country When Bill Clinton famously declared According to Joseph Cammarata, after he was accused of raping two that he loathed the military while who together with Gilbert Davis, I young girls. He was a fugitive in Eu- doing his best to stay out of it, he was have spoken to them, represents Paula rope for 8 years living the posh life of obviously not yet familiar with some of Jones in her lawsuit: The President’s a ski bum while his parents supported the fringe benefits that military serv- claim is not only legally inappropriate, him.—Family values. ice affords. But the President wants it is inappropriate in light of those who It is the worst thing an adviser to the those benefits now, even though he has served and those who have died in our President could be doing at this time never spent a day in uniform, though military over the centuries. when crime and crimes against women perhaps Mr. Clinton thinks that his Perhaps if the Soldiers and Sailors are such a deep concern to the Amer- spiffy leather bomber jacket counts, Relief Act actually provided a shield to ican people, wrote Representative JEN- the one with the Velcro where he puts Mr. Clinton, it would have been worth NIFER DUNN on our side of the aisle. on the First Armored Division patch it to the White House to weather the The Republican women are attempt- and mixes it in with other visits to uni- well-earned scorn now being heaped on ing to spruce up Mr. DOLE gender-wise, forms. Remember, Mr. Speaker, this is the President. but they have a good feminist point. to be the year of Clinton posing in uni- What I said, Mr. Speaker, is he Ordinarily, in a case like this, the forms. Posing with Catholic schoolgirls should give Robert Bennett the Johnny Democratic women would be yelping, and schoolboys in their uniforms but Cochran award. Anything that works, but there was only the occasional voting for partial birth infanticide. no matter how shameless, lying, dis- brave mutter. Representative NITA Posing with police officers anywhere in torted, twisted, or ignominious. But LOWEY of New York, ‘‘This is beyond the country at the drop of a hat but the claim is almost little more than a the pale.’’ with his own State troopers of Arkan- bad joke, suggesting that Mr. Bennett One female Democratic lawmaker ex- sas having condemned him for using has been driven to extraordinary and plained if this were a Republican Presi- them to procure. And now he is posing desperate measures to block the dis- dent and Dick Morris was helping an with the military at every drop of the covery process. For starters, as Daniel accused rapist, you know we would be hat. Just spoke to the Coast Guard Ludwig, national commander of the screaming. But it is not worth picking Academy, and it is to be the year of American Legion, points out, the Com- a fight. We just want to win in ’96. Mr. Clinton surrounded by uniforms. mander in Chief is a civilian. The So Democrats have suppressed their So the Washington Times continues: President isn’t subject to the Uniform distress as Mr. Morris has helped the The benefit the President is groping for Code of Military Justice. He is not eli- Clintons shape-shift, when Hillary is the protection from civil litigation gible for military retirement. His serv- Clinton told Larry King, ‘‘There is no provided to active duty military per- ice doesn’t fit the legal definition of left wing in the Clinton White House,’’ sonnel under the Soldiers and Sailors active duty. It is bizarre that anyone and when Mr. Clinton embraced the Civil Relief Act of 1940. would suggest the civilian President of radical Wisconsin plan to abolish wel- I will be putting in at the end of this, the United States is on active duty. fare. Mr. Speaker, Clinton’s infamous dis- I would add to that, as I did before, Maureen Dowd, that was not a radi- graceful letter to Colonel Eugene or Mr. William Perry, Secretary of De- cal plan. Governor Tommy Thompson’s Holmes, who was head of the ROTC at fense. plan is highly reasonable and it is Back to the Times: That was cer- the University of Arkansas in 1969. He going to sweep the Nation. That is my tainly the ruling of the Los Angeles has been the head for a decade. I spoke own, DORNAN, aside. County superior court in Bailey versus Maureen finishes, ‘‘Until yesterday, to him last night. I will have some- Kennedy and Hills versus Kennedy to homosexual groups had fumed as the thing about his words later. Then I am avoid being sued over damages from a President slithered away from same going to put in Colonel Holmes’ letter traffic accident. President John F. sex marriage.’’ What a great verb, from September 7, 1992, which I put in Kennedy asserted that the Soldiers and slithered away. ‘‘But the overly eager the RECORD that day, the only paper in Sailors Relief Act protected him as White House announcement yesterday America, in America that published Commander in Chief. It wasn’t such a that Mr. Clinton would sign a law de- those two letters, the 1969 letter and moral stretch for Mr. Kennedy who, nying Federal recognition for same the 1992 letter in their fulsome horror, after all, had worn a Navy uniform in sex’’, that is homosexual, ‘‘marriages if could have changed the election, the combat and had been wounded when his they ever reached his desk was too only other paper in America, the only boat was cut in two by a Japanese de- much. The Human Rights Campaign’’, paper that put them in was this Wash- stroyer. But it was such a legal stretch misnamed, ‘‘the largest homosexual ington Times. that the judge in LA denied John F. So my staff will get those over to me, rights group, accused the President of Kennedy’s motion without even writ- which I know they are working on. I caving in to the right wing, and ing an opinion. will put those in at the end of this 30 disinvited George Stephanopoulos as a I just learned something reading that minutes. dinner speaker.’’ in the Washington Times. I didn’t Perhaps Mr. Clinton thought that And here is Maureen Dowd’s closing know John F. Kennedy had an auto- this new and audacious gambit would paragraph, Mr. Speaker. ‘‘So Bill Clin- mobile accident out there. go unnoticed. That seems to be what ton is in the Army. He’s against gay The President should also have con- his lawyer Robert Bennett was hoping: marriage. His adviser did work for an sulted the Supreme Court’s interpreta- If you read the 24-page petition alleged rapist. He moves from the left tion of the Soldiers and Sailors Relief through the first time, you would miss wing to the right wing because what he Act in the 1943 case of Boone versus it. That is what Bennett says, it hit me really believes in is the West Wing.’’ Lightner. The defendant had specu- Mr. Speaker, unless you are one word in the face on the first reading, the lated in the market unwisely and had ahead of me, we found it in the diction- paragraph pushing the military service done so with money improperly taken ary. Our hats are off to Maureen Dowd, claim, Mr. Bennett told the Washing- from his own daughter’s trust fund. who is becoming the next Bill Buckley. ton Times. But Mr. Clinton cannot al- When sued by the daughter, the defend- Kerfuffle is to become disheveled. Dis- ways be that lucky. The chairman of ant relied on the SSRA and the fact turbance. A fuss. A mess. So now I will the House Committee on Veterans’ Af- that he was a uniformed Army captain read that sentence. fairs noticed the claim and has ex- in wartime. The high court ruled the pressed his outrage as he just did here captain was not protected from litiga- b 1645 on the House floor and in a letter to tion because he had a desk job and was And now both the White House and the President. The commander of the himself a lawyer. Thus unlike the GI in the Democrats in this Chamber are em- American Legion is similarly non- the foxhole, he would certainly be able broiled in kerfuffles, disheveled, dis- plussed. They plan a press conference to make his court appearances. turbances on Capitol Hill, where it today—we had it; it was terrific—sug- The court’s language is piquant, say- takes a lot to be called shameless. gesting that the issue is not going to ing that charges struck at his honor as H5558 CONGRESSIONAL RECORD — HOUSE May 23, 1996 well as his judgment. Does that sound Arkansas State employee, under the lective conscientious objection for those op- like Paula Corbin Jones? It does to this supervision, all the way up to the top posed to participation in a particular war, Air Force captain, me. of the Arkansas pyramid, of then Gov- not simply participation in war in any form. From my work I came to believe that the The justices concluded that discre- ernor Bill Clinton. draft system itself was illegitimate. No gov- tion is vested in the courts to see that Lawyers for Clinton try to use the ernment really rooted in limited parliamen- the immunities of the act are not put Soldiers and Sailors Civil Relief Act of tary democracy should have the power to to such an unworthy use. 1940, passed because we were, I repeat, make its citizens fight and kill and die in a I am going to remember those words. we were drafting young men. I repeat war they may oppose, a war which even pos- To defend yourself from a charge that some of the things that Mr. STUMP and sibly may be wrong, a war which in any case you exposed yourself and offended a 23- I said in the letter we circulated on the does not involve immediately the peace and year-old young lady who had just been freedom of the nation. floor. Repeat again the purposes of the The draft was justified in World War II be- hired by the State of Arkansas, by the act. And this should be in this formal cause the life of the people collectively was CEO of the State of Arkansas, the Gov- RECORD today, it is persons in the mili- at stake. Individuals had to fight if the na- ernor. When Mr. Clinton traveled in his tary service who are devoting their en- tion was to survive, for the lives of their Guard airplanes in Arkansas, he would tire energy to the defense needs of the countrymen and their way of life. Vietnam is have been called a code 2. The Presi- Nation, not traveling around on his no such case. Nor was Korea an example dent of the United States is code 1 in two Air Force 747’s campaigning and where, in my opinion, certain military ac- the Coast Guard, Army, Navy, Air reimbursing only a first class ticket. tion was justified, but the draft was not for reasons stated above. Force, Marine airplane, code 2 is Vice I will put the rest of my press release Because of my opposition to the draft and President Gore in this case, any one of in with my closing line that he mocks the war I am in great sympathy with those our 50 Governors and any U.S. Senator his job as civilian Commander in Chief who are not willing to fight, kill and maybe or Congressman. We are all code 2. I and the honorable men and women who die for their country (i.e. the particular pol- was in an Air Force base as the air- have given their lives to the protection icy of a particular government) right or drome officer when they said a code 4 of this great Nation. Tomorrow I go up wrong. Two of my friends at Oxford are con- was coming in. That would be a major to Annapolis for the graduation. I scientious objectors. I wrote a letter of recommendation for one of them to his Mis- general. The place turned upside down. spent last Friday at West Point. Be- I had never seen a 2-star in my life. sissippi draft board, a letter which I am more lieve me, we are turning out honorable proud of than anything else I wrote at Oxford One day when they said a code 1 was men and women. last year. One of my roommates is a draft re- coming in, I froze in fear. It was Presi- Mr. Speaker, I include for the sister who is possibly under indictment and dent Eisenhower. No, a code 1, excuse RECORD the following material: may never be able to go home again. He is me, President, yes, President Eisen- TEXT OF BILL CLINTON’S LETTER TO ROTC one of the bravest, best men I know. His hower. A code 2 is pretty special. That COLONEL country needs men like him more than they know. That he is considered a criminal is an is what the CEO is of the State of Ar- The text of the letter Bill Clinton wrote to kansas, second only to the President in obscenity. Col. Eugene Holmes, director of the ROTC The decision not to be a resister and the military respect. program at the University of Arkansas, on related subsequent decisions were the most So this is an amazing series of legal Dec. 3, 1969: difficult of my life. I decided to accept the cases here, such an unworthy use in I am sorry to be so long in writing. I know draft in spite of my beliefs for one reason to that case, whatever I said it was, I promised to let you hear from me at least maintain my political viability within the Boone versus Lightner. once a month and from now on I will, but I system. For years I have worked to prepare The Washington Times concludes: have had to have some time to think about myself for a political life characterized by this first letter. Almost daily since my re- Mr. Clinton seems willing to use any both practical political ability and concern turn from England I have thought about for rapid social progress. It is a life I still ruse, however unworthy of his office it writing, about what I want and ought to say. may be, to delay answering what, if feel compelled to try to lead. I do not think First, I want to thank you, not just for our system of government is by definition anything, he was doing or trying to do saving me from the draft, but for being so corrupt, however dangerous and inadequate in an Arkansas hotel room, second kind and decent to me last summer when I it has been in recent years. (The society may floor mezzanine, Excelsior Hotel, Little was as low as I have ever been. One thing be corrupt, but that is not the same thing, Rock, with Paula Jones. This ignoble which made the bond we struck in good faith and if that is true, we are all finished any- pleading is a slap in the face of the mil- somewhat palatable to me was my high re- way.) gard for you personally. In retrospect it When the draft came, despite political con- lions of men and women who either are seems that the admiration might not have serving on active duty or have served victions, I was having a hard time facing the been mutual had you known a little more prospect of fighting a war I had been fighting on active duty in the armed forces of about me, about my political beliefs and ac- against, and that is why I contacted you. the United States, Mr. STUMP and Mr. tivities. At least you might have thought me ROTC was the one way left in which I could DORNAN wrote in the letter to their more fit for the draft than ROTC. possibly, but not positively, avoid both Viet- congressional colleagues. Let me try to explain. As you know, I nam and resistence. Going on with my edu- He concludes that the President’s worked for two years in a very minor posi- cation, even coming back to England, played most recent legal maneuver makes a tion on the Senate Foreign Relations Com- no part in my decision to join ROTC. I am mockery of the laws meant to protect mittee. I did it for the experience and the back here and would have been at Arkansas salary but also for the opportunity, however the honorable men and women who Law School because there is nothing else I small, of working every day against a war I can do. In fact, I would like to have been serve their country. True. Just stop the opposed and despised with a depth of feeling able to take a year out, perhaps to teach in legal goofiness, Mr. President, the I had reserved soley for racism in America. a small college or work in some community Times concludes. Raise your right hand Before Vietnam, I did not take the matter action project and in the process to decide and get on with it. lightly, but studied it carefully and there whether to attend law school or graduate I would add, giving the young woman was a time when not many people had more school and how to begin putting what I have her day in court. information about Vietnam at hand than I learned to use. Here is my press release today, Mr. did. But the particulars of my personal life are Speaker. Washington, D.C.: It is dis- I have written and spoken and marched not nearly as important to me as the prin- against the war. One of the national organiz- graceful that while the rest of the Na- ciples involved. After I signed the ROTC let- ers of the Vietnam Moratorium is a close ter of intent, I began to wonder whether the tion is honoring our fallen heroes of friend of mine. After I left Arkansas last compromise I had made with myself was not military service this long Memorial summer, I went to Washington to work in more objectionable that the draft would have Day weekend, Bill Clinton is seeking the national headquarters of the Morato- been, because I had no interest in the ROTC shelter behind a military he once rium, then to England to organize the Amer- program in itself and all I seemed to have claimed to loathe, in an attempt to icans here for demonstrations Oct. 15 and done was protect myself from physical harm. delay the sexual harassment suit filed Nov. 16. Also, I began to think I had deceived you, by Paula Corbin Jones. On May 15, 1996, Interlocked with the war is the draft issue not by lies—there were none—but by failing which I had not begun to consider separately attorneys for Mr. Clinton filed an ap- to tell you all the things I’m writing now. I until early 1968. For a law seminar at doubt that I had the mental coherence to ar- peal with the U.S. Supreme Court seek- Georgetown I wrote a paper on the legal articulate then. ing to delay the sexual harassment guments for and against allowing the Selec- At that time, after we had made our agree- lawsuit filed by Paula Jones, former tive Service System, the classification of se- ment and you had sent my ID deferment to May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5559 my draft board, the anguish and loss of my ROTC program at the University of Arkan- But, I realize that even though I served my self-regard really set in. I hardly slept for sas. We engaged in an extensive, approxi- country by being in the military for over 32 weeks and kept going by eating compulsively mately two (2) hour interview. At no time years, and having gone through the ordeal of and reading until exhaustion brought sleep. during this long conversation about his de- months of combat under the worst condi- Finally on Sept. 12, I stayed up all night sire the program did he inform me of his in- tions followed by years of imprisonment by writing a letter to the chairman of my draft volvement, participation, and actually orga- the Japanese, it is not enough. I’m writing board, saying basically what is in the preced- nizing protests against the United States in- these comments to let everyone know that I ing paragraph, thanking him for trying to volvement in Southeast Asia. He was shrewd love my country more that I do my own per- help in a case where he really couldn’t, and enough to realize that had I been aware of sonal security and well-being. I will go to my stating that I couldn’t do the ROTC afterall his activities, he would not have been ac- grave loving these United States of Amer- and would he please draft me as soon as pos- cepted into the ROTC program as a potential ican and the liberty for which so many men sible. officer in the United States Army. have fought and died. I never mailed the letter, but I did carry it The next day I began to receive phone calls Because of my poor physical condition, on me every day until I got on the plane to regarding Bill Clinton’s draft status. I was this will be my final statement. I will make return to England. I didn’t mail the letter informed by the draft board that it was of in- no further comments to any of the media re- because I didn’t see, in the end, how my terest to Senator Fullbright’s office that Bill garding this issue. going in the Army and maybe going to Viet- Clinton, a Rhodes Scholar, should be admit- EUGENE J. HOLMES, nam would achieve anything except a feeling ted to the ROTC program. I received several Colonel, U.S.A., Ret. that I had punished myself and gotten what such calls. The general message conveyed by I deserved. So I came back to England to try the draft board to me was that Senator NO BRIDGE TOO FAR Fullbright’s office was putting pressure on to make something of this second year of my (Maureen Dowd) Rhodes scholarship. them and that they needed my help. I then And that is where I am now, writing to you made the necessary arrangements to enroll As a society, we haven’t preserved our because you have been good to me and have Mr. Clinton into the ROTC program at the sense of shame. But Bill Clinton is doing his a right to know what I think and feel. I am University of Arkansas. best to preserve our sense of shamelessness. writing too in the hope that my telling this I was not ‘‘saving’’ him from serving his The President and his Rasputin, Dick Mor- one story will help you to understand more country, as he erroneously thanked me for in ris, have broken creative new ground in clearly how so many fine people have come his letter from England (dated Dec. 3, 1969). brazenness. to find themselves still loving their country I was making it possible for a Rhodes Schol- First they snatch Republican positions, but loathing the military to which you and ar to serve in the military as an officer. counting (not unreasonably) on the forget- other good men have devoted years, lifetimes In retrospect I see that Mr. Clinton had no fulness of voters and the expediency of of the best service you could give. To many intention of following through with his Democrats who want their Republican in the of us, it is no longer clear what is service and agreement to join the Army ROTC program White House to win. And now they are both what is disservice or if it is clear the conclu- at University of Arkansas or to attend the embroiled in kerfuffles on Capitol Hill, sion is likely to be illegal. University of Arkansas Law School. I had ex- where it takes a lot to be called shameless. Forgive the length of this letter. There was plained to him the necessary of enrolling at In a move that marks a new level of so much to say. There is still a lot to be said, the University of Arkansas as a student in chutzpah in American politics, Mr. Clinton’s but it can wait. Please say hello to Col. order to be eligible to take the ROTC pro- lawyers mentioned in their appeal to the Su- Jones for me. gram at the university. He never enrolled at preme Court on Paula Corbin Jones’s sexual Merry Christmas. the University of Arkansas, but instead en- harassment suit that the President may be Bill Clinton. rolled at Yale University after attending Ox- protected by the Soldiers’ and Sailors’ Civil ford. I believe that he purposely deceived me, Relief Act of 1940, which was designed to give A COLONEL SETS THE RECORD STRAIGHT using the possibility of joining the ROTC as American troops some protection from civil [Sept. 7, 1992, Memorandum for Record] a ploy to work with the draft board to delay suits while on active duty. his induction and get a new draft classifica- Subject: Bill Clinton and the University of ‘‘President Clinton here thus seeks relief tion. similar to that to which he may be entitled Arkansas ROTC Program The Dec. 3 letter written to me by Mr. There have been many unanswered ques- as Commander in Chief of the Armed Forces, Clinton, and subsequently taken from the tions as to the circumstances surrounding and which is routinely available to service files by Lt. Col. Clint Jones, my executive of- Bill Clinton’s involvement with the ROTC members under his command.’’ ficer, was placed into the ROTC files so that department at the University of Arkansas. Robert Bennett, the President’s lawyer, a record would be available in case the appli- Prior to this time I have not felt the neces- said he had only cited the act ‘‘as an exam- cant should again petition to enter into the ple’’ that might extend to the Commander in sity for discussing the details. The reason I ROTC program. The information in that let- have not done so before is that my poor Chief, not as his main argument. ter alone would have restricted Bill Clinton But Mr. Bennett is getting paid too much physical health (a consequence of participa- from ever qualifying to be an officer in the tion in the Bataan Death March and the sub- to make the hideous mistake of reminding United States military. Even more signifi- the public of one of Mr. Clinton’s sequent 3 years internment in Japanese POW cant was his lack of veracity in purposely de- camps) has precluded me from getting into improvidences (his maneuvering on the frauding the military by deceiving me, both draft) in defense of another (his wandering what I felt was unnecessary involvement. in concealing his anti-military activities However, present polls show that there is the eye). overseas and his counterfeit intentions for Some veterans’ groups and Bob Stump, the imminent danger to our country of a draft later military service. These actions cause dodger becoming Commander-in-Chief of the Arizona Republican who is chairman of the me to question both his patriotism and his House Committee on Veterans’ Affairs, did Armed Forces of the United States. While it integrity. not care for Mr. Clinton’s opportunistic en- is true, as Mr. Clinton has stated, that there When I consider the calibre, the bravery, listment. (Hello, sailor). are many others who avoided serving their and the patriotism of the fine young soldiers Mr. Stump is sending the President a let- country in the Vietnam War, they are not as- whose deaths I have witnessed, others whose piring to be the President of the United funerals I have attended . . . . . When I re- ter, signed by 170 Republicans, asking him to States. flected on not only the willingness, but ea- withdraw his ‘‘ignoble suggestion’’ from the The tremendous implications of the possi- gerness that so many of them displayed in brief: ‘‘The Founding Fathers wanted to en- bility of his becoming Commander-in-Chief their earnest desire to defend and serve their shrine the principle of civilian control of the of the United States’s Armed Forces compels country, it is untenable and incomprehen- military in the Constitution and did so by me now to comment on the facts concerning sible to me that a man who was not merely making the President the civilian Com- Mr. Clinton’s evasion of the draft. unwilling to serve his country, but actually mander in Chief of the Armed Services. You This account would not have been impera- protested against its military, should ever be are not a person in military service, nor have tive had Bill Clinton been completely honest in the position of Commander-in-Chief of our you ever been.’’ with the American public concerning this Armed Forces. Also in the President’s mailbag is a letter matter. But as Mr. Clinton replied on a news I write this declaration not only for the from Republican Congresswomen demanding conference this evening (Sept. 5, 1992) after living and future generations, but for those that Dick Morris be fired for doing jury-re- being asked another particular about his who fought and died for our country. If space lated polling for Alex Kelly of Darien, Conn., dodging the draft, ‘‘Almost everyone con- and time permitted I would include the the unsavory teen-age burglar who fled after cerned with these incidents are dead. I have names of the ones I knew and fought with, he was accused of raping two girls. He was a no more comments to make.’’ Since I may be and along with them I would mention by fugitive in Europe for eight years, living the the only person living who can give a first- brother Bob, who was killed, during World posh life of a ski bum, while his parents sup- hand account of what actually transpired, I War II and is buried in Cambridge, England ported him. (Family values.) am obligated by my love for my country and (at the age of 23, about the age Bill Clinton ‘‘it is the worst thing an adviser to the my sense of duty to divulge what actually was when he was over in England protesting President could be doing at a time when happened and make it a matter of record. the war). crime and crimes against women are such a Bill Clinton came to see me in my home in I have agonized over whether or not to sub- deep concern to the American people,’’ wrote 1969 to discuss his desire to enroll in the mit this statement to the American people. Representative Jennifer Dunn. H5560 CONGRESSIONAL RECORD — HOUSE May 23, 1996 The Republican women are attempting to making the President the civilian Com- country that now is suffering under the spruce up Mr. Dole gender-wise, but they mander in Chief. heel of one of the world’s most vicious have a good feminist point. Ordinarily, in a ‘‘Bill Clinton has never been an active duty dictatorships. And over these last few member of the military. In fact, in 1969, he case like this, the Democratic women would years, many of us who have been active be yelping, but there was only the occasional dodged the draft and ran from his obligations brave mutter. ‘‘This is beyond the pale,’’ said to both his military and his country. And in the human rights movement have Representative Nita Lowey of New York. now as the civilian Commander in Chief, he tried to work and do our best to see One female Democratic lawmaker ex- mocks the honorable men and women who that perhaps Burma could evolve out of plained: ‘‘If this were a Republican President have given their lives to the protection of this dictatorship. The military dicta- and Dick Morris was helping an accused rap- our great nation.’’ torship in Burma is called SLORC. It is ist, you know we would be screaming. But f a name that basically fits the regime it’s not worth picking a fight. We just want BURMA because it sounds like it is right out of to win in ’96.’’ ‘‘Star Wars,’’ out of the monstrous re- So Democrats have suppressed their dis- The SPEAKER pro tempore (Mr. gimes that the freedom fighters in the tress as Mr. Morris has helped the Clintons GOSS). Under the Speaker’s announced film series ‘‘Star Wars,’’ where the shape-shift—when Hillary Rodham Clinton policy of May 12, 1995, the gentleman told Larry King ‘‘There is no left wing of the freedom fighters are fighting against from California [Mr. ROHRABACHER] is the evil empire. Clinton White House,’’ and when Mr. Clinton recognized for 30 minutes as the des- embraced the radical Wisconsin plan to abol- This evil empire in Burma is repress- ish welfare. ignee of the majority leader. ing the people. But there is, you might Until yesterday, gay groups had fumed as Mr. ROHRABACHER. Mr. Speaker, I say, a champion of freedom, a hero to the President slithered away from same-sex thank the gentleman from California the world who lives in Burma and has marriage. But the overly eager White House [Mr. DORNAN] for granting me this time tried to bring democracy to that coun- announcement yesterday that Mr. Clinton from his 1-hour special order. try. It is Aung San Suu Kyi. Aung San would sign a law denying Federal recogni- There are several issues that I would Suu Kyi was of course of Nobel prize tion for same-sex marriages if it ever like to speak about today. Perhaps winner 2 years ago. She has suffered 5 reached his desk was too much. The Human there is one issue that I should begin years of confinement. She was arrested Rights Campaign, the largest gay-rights with, because no one else seems to be by the SLORC regime. Then last year group, accused the President of carving in to speaking out, although I know that it the right wing, and disinvited George she was set free and many of us hoped is close to the hearts of both Repub- Stephanopoulos as a dinner speaker. that there would be lessening of the re- licans and Democrats here in the House So Bill Clinton is in the Army. He’s pression in Burma. But what has hap- of Representatives. against gay marriage. His adviser did work pened in the last 48 hours is that the When we have our disagreements for an alleged rapist. He moves from the left military dictatorship in Burma, wing to the right wing because what he real- here in the House, one thing that we SLORC, has rounded up almost 200 ly believes in is the West Wing. learn is that although we disagree, we members of the democratic opposition do have some fundamental agreements in Burma and arrested them. CLINTON’S LATEST DISCRACEFUL DODGE that keep us together as Americans Anyone who is meeting with Aung ‘‘It is disgraceful that while the rest of the and that bind us to all of the American San Suu Kyi, anyone who is involved in nation is honoring our fallen heroes of mili- people. That is, we do believe in democ- the democratic movement is being ar- tary service this weekend, Bill Clinton is racy. We do believe in freedom of rested. Dr. Sein Win, the Prime Min- seeking shelter behind the military he once speech. We do believe in these fun- claimed to loath, in an attempt to delay the ister of the democratic government in damentals that were fought for by sexual harassment lawsuit filed by Paula exile, testified in the Senate yesterday George Washington, whose picture is Jones,’’ commented Congressman Robert K. that the situation in Burma is one of on our wall here in the Chamber of the Dornan, Chairman of the House National Se- despair and despotism. Today his House. curity Subcommittee on Military Personnel, brother, who is not even a member of We believe that we have a commit- after the announcement that Bill Clinton the democratic movement, was ar- will use The Soldier’s and Sailors’ Civil Re- ment to the world, a commitment to rested in retaliation for what Prime lief Act of 1940 as part of his legal defense be- the world to stand for freedom because Minister Sein Win testified about here fore the United States Supreme Court. our forefathers were aided by people in Washington. On May 15, 1996, attorneys for President whose picture is also here on the wall Clinton filed an appeal with the U.S. Su- b 1700 preme Court seeking to delay the sexual har- in our Chamber, Lafayette, who came assment lawsuit filed by Paula Jones, a here to help us struggle for our free- So I have introduced a piece of legis- former Arkansas state employee under the dom and independence over 200 years lation hopefully that will discourage supervision of then-Governor Bill Clinton. ago. Americans from doing business in Lawyers for Clinton contend that the Sol- Basically he did so because he wanted Burma. It is H.R. 2892, and we would diers’ and Sailors’ Civil Relief Act of 1940 to express a solidarity with the people hope that the American people and provides temporary protection from civil of the United States, knowing that we American businessmen recognize that suits while the President is in office. This would be the champions of freedom. By here is a country that if anywhere we Act requires that civil litigation against our very nature, our country is com- members of the armed services be postponed should take a stand for freedom. If any- while they are on active duty. According to posed of people who come here from all where in the world we could take a his plea, ‘‘President Clinton here thus seeks corners of the world, all parts of the stand and it will not hurt us and we relief similar to that which he may be enti- world, every race, every religion, every just show that we believe in freedom, it tled as Commander in Chief of the Armed ethnic group is represented here, and could be Burma. And there is no excuse Forces.’’ we live together in freedom and democ- for us not to do so. There is no strate- However, the purpose of the Act is to allow racy. By that very nature, we owe the gic interest there, there is no huge the United States to fulfill the requirements world something. That is the stay true commercial interest, but what is there of national defense, by enabling ‘‘persons in to those principles of freedom and de- the military service . . .’’ to ‘‘devote their are 48 million people suffering under entire energy to the defense needs of the Na- mocracy that our forefathers pro- the heal of despotism, crying out to the tion.’’ Furthermore, this Act clearly states claimed, not just the rights of Ameri- United States for us to take a stand. that only members of the Army, Navy, Ma- cans but the rights of all people. Take your stand, America. What side rines, Air Force, and Coast Guard, and offi- In the last 48 hours, there has been a are you on? cers of the Public Health Service when prop- vicious attack on the cause of democ- When that cry goes out from people erly detailed, are eligible for such relief. racy in the country of Burma. Burma who are being oppressed, never should This Act goes further in defining the term is a country you do not hear much we say we are on the side of the dic- ‘‘military service’’ to include the period dur- about. Most Americans in fact prob- tators, we are on the side of the oppres- ing which one enters ‘‘active service’’ and ably think that Burma, the only thing sors. ends when one leaves ‘‘active service.’’ This country, this dictatorship in Under the Constitution, Bill Clinton is the they relate to is BurmaShave, they civilian Commander in Chief of the Armed think of BurmaShave. It must be some Burma, has financed its war on its own Forces. The Founding Fathers wanted to en- sort of shaving cream or something. people by selling off its teak forests, shrine the principle of civilian control of the In fact, Burma is a country with 48 which have been decimated, by basi- military in the Constitution and did so by million people in Southeast Asia. A cally selling its natural resources, its May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5561 gems, to foreigners who have come in me in basically outlawing any further negotiations were not the order of the and extracted it, and they put the American investment through support- day. money, the SLORC has put the money ing H.R. 2892 and opposing any further We also saw the results of this when into their own pockets and into their American investment in Burma. just a month ago the Red Chinese re- own coffers, and now it is even willing Now, we will make another choice gime sent its military into the Taiwan to sell its natural gas resources to very soon, too, which it comes to most- Strait in an attempt to intimidate the American companies. And where do favored-nation status with China. democratic government, the Repub- these moneys go? They go into the pur- When it comes to this decision, yes, lican of China, Taiwan, trying to in- chase of weapon systems of military there are a lot of other factors at play. timidate them into not having a free equipment and militarization of this There are many. China, Communist election. What we saw were missiles country that is used to repress their China, is a strategic country. There are being fired at a democratic people, peo- own people. a billion people in China. China has ple who were simply trying to have an Furthermore, this monstrous regime technologies. China has a huge army election, in order to intimidate them that represses its own people in Burma that can affect the United States. And and frighten them from their demo- has taken its resources also by becom- also economically we are already in an cratic rights. ing involved in the drug trade. Many economic relationship that in some Well, what more, what more I ask people in our country wanted us to ac- way binds us to that country. you, does a country have to do before tually cooperate with the Government But just today it was disclosed that the United States says that they will of Burma, with its dictatorship, think- Chinese officials themselves have been not enjoy the trading status of most- ing that we could together stand involved with smuggling fully auto- favored-nation status with the United against drugs. matic AK–47 rifles into the United States? What more can a regime do? Do Others of us believed, as I think has States. These are people that have con- they have to open up gas ovens and been reconfirmed, that the dictatorship tacts in the Chinese army. These are begin murdering people exactly like in Burma is up to their necks in the not Chinese entrepreneurs, people the Nazis did during World War II? drug trade. They have not refrained doing this outside of their own govern- This is a regime, a monster regime, from becoming involved in growing ment. These are government officials on the mainland of China, and this ad- opium and selling heroin because of themselves. ministration, the Clinton administra- some kind of morality. If they had any The Red Chinese regime is a rogue re- tion, has decoupled any consideration morality, they would not be murdering gime. It is oppressing its own people of human rights to the consideration of their own people, and that was brought just like in Burma and every other dic- most-favored-nation status for that re- home more recently when the drug lord tatorship, but the regime also sells nu- gime. It is a disgrace. Let us remember Kung Saw, who was famous in the clear weapons technology to develop- that President Clinton 4 years ago was United States, or I should say infamous ing countries and arms dictatorships attacking then sitting President Bush in the United States, he was put out of like Burma. It has a Nazi-like policy in for granting most-favored-nation sta- business by the Burmese military dic- dealing with orphans, in dealing with tus to the mainland Chinese regime, tatorship, and what has happened? the disabled and dealing with the un- and as soon as President Clinton be- Kung Saw, he may have gone into re- born. came President, not only did he grant tirement; of course he is not in jail, he It is conducting an economic war most-favored-nation status, but he has is in retirement in Rangoon; but the against the United States. I mean the decoupled the consideration of most-fa- drug trade and the drug production bottom line is American companies vored-nation status from any discus- from his area, which is now under gov- find it difficult to sell in China unless sion about human rights. It is the ulti- ernment control, continues at the level the Chinese regime permits them to mate hypocrisy and has been one of the that it was. sell their goods there, yet they take biggest and worst setbacks for the Aung San Suu Kyi, this heroine of full advantage of our market in the human rights community in the U.S. freedom, this women who in our time United States. So they limit access to history, when the President, when shows an example to the world of what their market, and they end up stealing President Clinton, not only reneged we should be like as Americans, cham- our intellectual property, as is becom- but did an absolutely turnabout in his pions of freedom, has asked us to put ing known now. These people are in- belief in supporting human rights on economic sanctions on this regime be- volved with grand theft of our intellec- mainland China. cause it now has shown its true colors. tual property rights, our CD’s, our en- It does not, the Burmese regime, the tertainment items that are worth bil- Well, who is it up to, then? It is up to SLORC regime, does not want reform. lions of dollars to the economy of us, the American people, to stand for It instead is seeking further repression southern California; they are being our beliefs in freedom and democracy and will grasp on to power until the ripped off by companies that are owned and to stand up, yes, for the interests last desperate time, what they have, is by the People’s Liberation Army, by of the United States, and what is hap- gone, until they are forced from power government officials in China. pening with the most-favored-nation by pressure from the outside or by per- They have, in fact, a $35 billion trade status debate here in Congress is that haps revolution from their own people. surplus with us that does not even we find that those companies that are Unfortunately the SLORC regime is count the rip-offs, and with this $35 bil- making a profit from their investment being bolstered by a military that is lion in surplus, they buy weapons in in China, a huge profit from their in- being supplied by Communist China. order to upgrade their military, to vestment in China, have turned around Communist China has sold Burma the threaten their neighbors, and bully and become lobbyists to us for this dic- weapons it needs to maintain a dicta- their neighbors and to become a, quote, tatorial regime. What we have found is torship. power in the world. Well, we have seen not that what the theory was was that In fact, Burma, is becoming a client what that power means. What it means if we permit our people to invest in state of China. The Red Chinese regime when you have a dictatorship spending China they will become emissaries of is doing all it can to keep its buddies, money and upgrading its military, it democracy to that country, but they its gangster buddies, in power in Ran- means that it threatens its neighbors have instead become lobbyists for a goon. even more aggressively. dictatorship to the United States. Congress will soon take up the issue, In the Philippines they know what a Well, we are the ones who have to interestingly enough, of most-favored- better armed China means. They have make the decision, not just based on nation status to China. This is an im- recently had a little confrontation what a very small group of companies portant piece of legislation. But let us with the Chinese over the Spratley Is- are doing, making a profit by dealing make sure that, as we move forward lands, and what should have been a ne- with these terribly dictatorial regimes when we are talking about Burma, that gotiated disagreement became almost whose hands are dripping with blood. we can make a stand in Burma, and I, an armed confrontation when a bellig- The fact is that when it comes to as I say, I have introduced H.R. 2892, erent, hostile and a threatening Red Burma, we have a right also to tell our and I ask my fellow colleagues to join China decided it would have its way, people this is not the right thing to do, H5562 CONGRESSIONAL RECORD — HOUSE May 23, 1996 for your to do, to invest in that dicta- the day that it was passed in the subway to foreigners coming here trying torship. We also have a right and obli- committee I had a representative of an to steal our technology, and cut off our gation to our own people to say we will American company that represents people from the rights to control their not permit Chinese goods that are pro- many patents. It happens to be a solar own inventions? Does anyone believe duced in slave labor camps and pro- energy company. He was there in my that that will not happen? duced by the army, buy companies that office, and we were discussing the pat- No one who looks at the issue be- are owned by the army, and produced ent law. lieves that, but the fact is most of the Members of Congress will never have by a regime that is trying to bolster its b 1715 weapon systems to threaten its neigh- any way of seeing the details. They bors, we will not permit that country I asked him what would happen if his will be told some local company has to come into our marketplace and with patent applications had been published decided that H.R. 3460, which I call the the same status of other free and demo- before he actually was issued the pat- steal American technologies act, is a cratic countries. ent. His face turned white, and his fists good thing because many American I would hope that the American peo- came together, and he said, companies, what has happened, these ple insist that their representatives in Congressman, if my patent applications big corporations, many of them who the United States vote against most-fa- are published before my patent is issued my are now owned by multinational cor- foreign competitors will be actually manu- vored-nation status for China. facturing the things that I have invented be- porations and outside people, have big There is one other issue that will be fore I can even go into manufacturing them. shares in those companies; but these coming forth very quickly and that we And do you know what they will do if I try big American corporations have de- will find in front of this body within to sue them later? They will use the profits cided that they are going to buy into the next 2 weeks. It is an issue that re- from my own technology to fight me in court global protection of America’s intellec- lates to most-favored-nation status and and wipe me out. tual property. relates to these dictatorships around Mr. Speaker, this is a great threat to What it is, basically they have de- the world because it is changing our American prosperity. Every American cided that for a promise from other patent system in a way that will per- should contact their Member of Con- countries like Red China, like Japan, mit those thieves, those dictatorships gress, their Senator, to defeat H.R. and like many other developing coun- around the world, to steal American 3460, the steal American technologies tries, a promise from those countries, technology. act. But this is only one, just one swing oh, yes, we will protect our intellectual Now, most of you probably have not at the American patent system. The property rights if you will only con- heard anything about the proposed American patent system has been form your system to be like our sys- changes in our patent law. Most Ameri- under attack, but because it is so hard tem. The changes that are brought cans would not even understand the to understand, the American people about by H.R. 3460 are basically aimed proposed changes in our patent law. cannot see what is going on. at what they call harmonizing our law But there is an insidious attempt being Another part of this very same bill with that of Japan. We will blink our made to make fundamental changes in would corporatize the Patent Office of eyes and in a very short time period, the situation of our patent system, in the United States. People will say, we will see the patent law in the Unit- the makeup of our patent system, so DANA ROHRABACHER is a conservative ed States totally changed so that it that it will be easier for foreign cor- Republican. Does he not believe in pri- mirrors that which Japan has had over porations to steal America’s greatest vatization? I certainly do not believe these last few decades. asset, and that is the genius of our peo- we should take our court system and Mr. Speaker, it is very hard for people. What will be coming forth before the court functions of government and ple to understand what the significance this body is a bill, H.R. 3460, which I privatize them. No, there are certain of this is. Why is the gentleman from call the Steal American Technologies things government has to do. Those California, DANA ROHRABACHER, down Act. This act, believe it or not, will in- things deal with protecting our rights, here on the floor talking about patent sist that from now on, if an American protecting our freedom, especially de- law, these little changes? So what if it inventor applies for a patent in this fining the property rights we have in a is going to harmonize with Japan? country, after 18 months, whether or free society. Do we really want to walk around not that patent has been issued, that Part of this legislation would take like ants, like the people of Japan? Do American inventor’s application with the Patent Office and corporatize it we want to be suppressed by the busi- all the details of the technology that and turn it into something like the ness interests, by the big boys that run he has developed will be published for Post Office. That may sound benign roughshod over the people in Japan? the world to see. This is an invitation but, in effect, that would take patent How many new innovations and how to the thieves of the world to steal our examiners who today are making deci- much creativity has come out of Japan most precious asset, and that is the in- sions, responsible decisions for what in these last 20 years? The people of novative and creative ideas of our in- are the property rights dealing with Japan allow themselves, because they ventors and our technology that we new technology in our society, as to have a different culture, allow them- will use in the future to keep America who owns those ideas and those new selves to be dominated by big interest competitive. property rights that are being created, groups who control their society. This is absolutely the greatest threat and those patent examiners by that That is not what America is all that I see to America’s future prosper- process will be stripped of their civil about. America is about the rights of ity, yet so few people will understand service protection. the individual, the rights of the little what the vote is all about. But it does They will be then put in jeopardy of guy, the rights of every person to have not take a genius, however, to under- many outside forces, and even inside the same control over his destiny as stand that if we disclose the informa- forces that might want to influence those people who are more affluent, the tion of our inventors, even before their their decision, forces that have been rights of every person to direct the patents have been issued, that there thwarted up until now because patent course of his Government. Other coun- will be a line at the Patent Office to examiners know their job is to make tries are not this way. get that information and to fax it im- the right decision, and they are pro- But what we have here coming before mediately to the Chinese mainland, tected from people making assaults on this body is a stark choice: H.R. 3460, where they will set up manufacturing them or trying to influence them from the steal American technologies act, units based on those ideas and that the outside. versus a bill that I have put forward technology even before our inventors Can anyone believe that stripping and tried to get to the floor of this are issued their own patent. our patent examiners, the people who body for 11⁄2 years, H.R. 359. H.R. 359 Ironically, when H.R. 3460, the ‘‘Steal will define what is American tech- would protect American inventors, and American Technologies Act,’’ was nology in the future and who owns it, it would restore to American inventors going through the subcommittee, and stripping them of their civil service the guaranteed patent right that they it has passed the subcommittee in this protection, is not going to open the have to protect their invention or their body and is heading for the floor, on doorway to corruption, open the door- idea for a guaranteed patent term of 17 May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5563 years after they have been issued a pat- dramatically. The big guys end up Mr. PETERSON of Florida, and to in- ent. being able to steal legally. They have clude therein extraneous material not- Most Americans do not understand, changed the rules of the game. withstanding the fact that it exceeds and I am sad to report to those people My bill, H.R. 359, which will serve as two pages of the RECORD and is esti- who are listening tonight that the a substitute for H.R. 3460, will return mated by the Public Printer to cost guaranteed patent term that Ameri- the patent rights that the American $5,185. cans enjoyed for over 130 years has al- people lost by the GATT implementa- f ready been taken away from them, and tion legislation. So we will face a bat- most Americans do not even know it. tle in the upcoming weeks between ADJOURNMENT What happened is a year and a half H.R. 3460, which is, as I say, I call it Mr. ROHRABACHER. Mr. Speaker, I ago, in the GATT implementation leg- the steal American technologies act, move that the House do now adjourn. islation, an item was snuck into this versus my bill, H.R. 359. The motion was agreed to. legislation that had nothing to do with I believe this issue deserves to be de- The SPEAKER pro tempore (Mr. the GATT agreement. It was not re- bated, because it has an impact not GOSS). Pursuant to the provisions of quired by GATT but it was snuck in only on the people of the United Senate Concurrent Resolution 60 of the there, so that we as a body would have States, but elsewhere. We should not 104th Congress, the House stands ad- to vote against the entire world trad- permit countries like Red China to journed until 2 p.m., Wednesday, May ing system, or we would have to vote steal American technology and legally 29, 1996. for the world trading system. We would do so because we are disclosing our Thereupon (at 5 o’clock and 27 min- have to vote against the world trading very utmost secrets to them by passing utes p.m.), pursuant to Senate Concur- system in order to get at that one pro- such foolish legislation. When it comes rent Resolution 60, the House ad- vision. to most-favored-nation status, when Most Members, of course, were not journed until Wednesday, May 29, 1996, there is a dictatorship like Red China at 2 p.m. willing to cut us off from all of the or Burma, we should not treat them as trade regulations of the GATT negotia- any other free Nation. f tions. But it was an insult to this body Mr. Speaker, I do believe in free that they had put this provision in in NOTICE OF PROPOSED trade. I believe that commerce between RULEMAKING the first place. What did this small pro- free people is to the benefit of all free vision do, this one little item that they people. But let us as a country stand U.S. CONGRESS, snuck in there? There was an innoc- not for trade with dictators, but in- OFFICE OF COMPLIANCE, Washington, DC, May 22, 1996. uous change in the patent law. It said stead, let us stand for free trade be- that the patents now in the United Hon. NEWT GINGRICH, tween free people. Speaker of the House, U.S. House of Represent- States will now be measured from 20 f atives, Washington, DC. years from the time the inventor files DEAR MR. SPEAKER: Pursuant to Section for the patent. So, 20 years later he LEAVE OF ABSENCE 304(b) of the Congressional Accountability will no longer have any patent rights. By unanimous consent, leave of ab- Act of 1995 (2 U.S.C. § 1384(b)), I am transmit- It almost sounds like, hey, we are ac- sence was granted to: ting on behalf of the Board of Directors the tually expanding the amount of time Mr. UNDERWOOD (at the request of enclosed notice of proposed rulemaking for publication in the Congressional Record. The that a patent applicant has for the pro- Mr. GEPHARDT), for today and Wednes- tection of his patent. But in reality day, May 29, on account of official busi- notice, which the Board has approved, is what has happened, what we used to being issued pursuant to § 220(e). ness. The Congressional Accountability Act have is that if someone applies for a Mr. MCNULTY (at the request of Mr. specifies that the enclosed notice be pub- patent and it took 5 or 10 years for his GEPHARDT), for today, after 2 p.m., on lished on the first day on which both Houses patent application to be processed, he account of personal business. are in session following this transmittal. or she would have 17 years guaranteed Mr. WARD (at the request of Mr. GEP- Sincerely, patent protection time in order to HARDT), for today and the balance of GLEN D. NAGER, make that investment back, in order to the week, on account of a death in the Chair of the Board. profit from that technology. But if we family. OFFICE OF COMPLIANCE started at 20 years and it is over, if we f The Congressional Accountability Act of started when the man applied for the 1995: Extension of Rights, Protections and patent and it is over in 20 years, if it SPECIAL ORDERS GRANTED Responsibilities Under Chapter 71 of Title 5, takes 10 or 15 years for the patent to By unanimous consent, permission to United States Code, Relating to Federal issue, that patent is almost worthless address the House, following the legis- Service Labor-Management Relations (Regu- lations under section 220(e) of the Congres- by the time it is issued. The fact is lative program and any special orders sional Accountability Act). that three-quarters of the time has al- heretofore entered, was granted to: NOTICE OF PROPOSED RULEMAKING ready been used up. In other words, the (The following Members (at the re- Summary: The Board of Directors of the clock is ticking against the individual, quest of Mr. ABERCROMBIE) to revise Office of Compliance is publishing proposed rather than ticking against the bu- and extend their remarks and include regulations to implement section 220 of the reaucracy. extraneous material:) Congressional Accountability Act of 1995 That was a dramatic change, to let Ms. WATERS, for 5 minutes, today. (‘‘CAA’’ or ‘‘Act’’), Pub. L. 104–1, 109 Stat. 3. us harmonize our system with Japan. Ms. NORTON, for 5 minutes, today. Specifically, these proposed regulations are Mr. Speaker, it seems innocuous, but Ms. JACKSON-LEE of Texas, for 5 min- published pursuant to section 220(e) of the in the end, it dramatically affects the utes, today. CAA. production of technology in our soci- Mr. LAFALCE, for 5 minutes, today. The provisions of section 220 are generally effective October 1, 1996. 2 U.S.C. section ety, and it also, interestingly enough, Mr. PALLONE, for 5 minutes, today. 1351. However, as to covered employees of Mr. OWENS, for 60 minutes, today. affects who receives the benefits of certain specified employing offices, the that technology, because if a foreign (The following Members (at the re- rights and protections of section 220 will be corporation then only has to pay 5 quest of Mr. SOLOMON) to revise and ex- effective on the effective date of Board regu- years’ worth of royalties, rather than tend their remarks and include extra- lations authorized under section 220(e). 2 17 years, where is that money going? neous material:) U.S.C. section 1351(f). That money that used to be going Mr. GOSS, for 5 minutes, on May 24. The proposed regulations set forth herein, into the pockets of American inven- Mr. WELDON of Florida, for 5 minutes, which are published under section 220(e) of tors, because they had a guaranteed 17 today. the Act, are to be applied to certain employing offices of the Senate, the House of Rep- years of patent protection, ends up Mr. SOLOMON, for 5 minutes, today. resentatives, and the Congressional instru- staying right in the coffers of some big Mr. KASICH, for 5 minutes, today. mentalities and employees of the Senate, the corporation in China or Japan or Mr. BURTON of Indiana, for 5 minutes, House of Representatives, and the Congres- Korea, or even here in the United today. sional instrumentalities. These regulations States. The little guy ends up losing Mr. RIGGS, for 5 minutes, today. set forth the recommendations of the Deputy H5564 CONGRESSIONAL RECORD — HOUSE May 23, 1996 Executive Director for the Senate, the Dep- apply to covered employees who are em- Second, independent of section 220(e)(1), uty Executive Director for the House of Rep- ployed in the offices listed in’’ section section 220(e)(2) requires the Board to issue resentatives and, the Executive Director, Of- 220(e)(2). The offices listed in section 220(e)(2) regulations that ‘‘exclude from coverage fice of Compliance, as approved by the Board are: under this section any covered employees of Directors, Office of Compliance. A Notice (A) the personal office of any Member of who are employed in offices listed in [section of Proposed Rulemaking under section 220(d) the House of Representatives or of any Sen- 220(e)(2)] if the Board determines that such is being published separately. ator; exclusion is required because of— Dates: Comments are due within 30 days (B) a standing select, special, permanent, (i) a conflict of interest or appearance of a after publication of this notice in the Con- temporary, or other committee of the Senate conflict of interest; or gressional Record. or House of Representatives, or a joint com- (ii) Congress’ constitutional responsibil- Addresses: Submit written comments (an mittee of Congress; ities.’’ original and 10 copies) to the Chair of the (C) the Office of the Vice President (as The provisions of section 220 are effective Board of Directors, Office of Compliance, President of the Senate), the Office of the October 1, 1996, except that, ‘‘[w]ith respect Room LA 200, John Adams Building, 110 Sec- President pro tempore of the Senate, the Of- to the offices listed in subsection (e)(2), to ond Street, S.E., Washington, DC 20540–1999. fice of the Majority Leader of the Senate, the covered employees of such offices, and to Those wishing to receive notification of re- the Office of the Minority Leader of the Sen- representatives of such employees, [section ceipt of comments are requested to include a ate, the Office of the Majority Whip of the 220] shall be effective on the effective date of self-addressed, stamped post card. Comments Senate, the Conference of the Majority of the regulations under subsection (e).’’ may also be transmitted by facsimile Senate, the Conference of the Minority of II. The Advance Notice of Proposed Rulemaking (‘‘FAX’’) machine to (202) 426–1913. This is the Senate, the Office of the Secretary of the A. Issues for Comment that Relate to Section not a toll-free call. Copies of comments sub- Conference for the Majority of the Senate, 220(e) the Office of the Secretary for the Minority mitted by the public will be available for re- The Board sought comment on two issues of the Senate, the Majority Policy Commit- view at the Law Library Reading Room, related to section 220(e)(1)(A): (1) Whether tee of the Senate, the Minority Policy Com- Room LM–201, Law Library of Congress, and to what extent the Board should modify mittee of the Senate, and the following of- James Madison Memorial Building, Washing- the regulations promulgated by the FLRA fices within the Office of the Secretary of the ton, DC, Monday through Friday, between for application to employees in section Senate: Offices of the Parliamentarian, Bill the hours of 9:30 a.m. and 4:00 p.m. 220(e)(2) offices? (2) Whether the Board Clerk, Legislative Clerk, Journal Clerk, Ex- For Further Information Contact: Execu- should issue additional regulations concern- ecutive Clerk, Enrolling Clerk, Official Re- tive Director, Office of Compliance at (202) ing the manner and extent to which the reporters of Debate, Daily Digest, Printing 724–9250. This notice is also available in the quirements and exemptions of chapter 71 Services, Captioning Services, and Senate following formats: large print, braille, audio apply to employees in section 220(e)(2) of- Chief Counsel for Employment; tape, and electronic file on computer disk. fices? (D) the Office of the Speaker of the House Requests for this notice in an alternative The Board sought comment on four issues of Representatives, the Office of the Major- format should be made to Mr. Russell Jack- related to section 220(e)(1)(B): (1) What are ity Leader of the House of Representatives, son, Director, Service Department, Office of the constitutional responsibilities and/or the Office of the Minority Leader of the the Sergeant at Arms and Doorkeeper of the conflicts of interest (real or apparent) that House of Representatives, the Offices of the Senate, (202) 224–2705. would require exclusion of employees in sec- Chief Deputy Majority Whips, the Offices of SUPPLEMENTARY INFORMATION: tion 220(e) offices from coverage under sec- the Chief Deputy Minority Whips, and the I. Introduction tion 220 of the CAA? (2) Whether determina- following offices within the Office of the tions as to such exclusions should be made The Congressional Accountability Act of Clerk of the House of Representatives: Of- on an office-wide basis or on the basis of job 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law fices of Legislative Operations, Official Re- duties and functions? (3) Which job duties on January 23, 1995. In general, the CAA ap- porters of Debate, Official Reporters to Com- and functions in section 220(e) offices, if any, plies the rights and protections of eleven fed- mittees, Printing Services, and Legislative should be excluded from coverage, and what eral labor and employment law statutes to Information; is the legal and factual basis for any such ex- covered Congressional employees and em- (E) the Office of the Legislative Counsel of clusion? (4) Are there any offices not listed ploying offices. Section 220 of the CAA ad- the Senate, the Office of the Senate Legal in section 220(e)(2) that are candidates for dresses the application of chapter 71 of title Counsel, the Office of the Legislative Coun- the application of the section 220(e)(1)(B) ex- 5, United States Code (‘‘chapter 71’’), relat- sel of the House of Representatives, the Of- ing to Federal Service Labor-Management clusion and, if so, why? fice of the General Counsel of the House of In seeking comment on the issues related Relations. Section 220(a) of the CAA applies Representatives, the Office of the Par- the rights, protections, and responsibilities to section 220(e) regulations, the Board em- liamentarian of the House of Representa- phasized that it needed detailed legal and established under sections 7102, 7106, 7111 tives, and the Office of the Law Revision through 7117, 7119 through 7122, and 7131 of factual support for any proposed modifica- Counsel; tions in the FLRA’s regulations and for any chapter 71 to employing offices, covered em- (F) the offices of any caucus or party orga- additional proposed regulations implement- ployees, and representatives of covered em- nization; ployees. These provisions protect the legal (G) the Congressional Budget Office, the ing sections 220(e)(1)(A) and (B). right of certain covered employees to orga- Office of Technology Assessment, and the Of- B. Summary of Comments Received nize and bargain collectively with their em- fice of Compliance; and; The Board did not receive any comments ploying offices within statutory and regu- (H) such other offices that perform com- on issues arising under section 220(e)(1)(A), latory parameters. parable functions which are identified under and received only two comments on issues Section 220(d) of the Act requires the regulations of the Board. arising under section 220(e)(1)(B). These two Board of Directors of the Office of Compli- These offices shall be collectively referred to comments addressed the issue of whether the ance (‘‘Board’’) to issue regulations to imple- as the ‘‘section 220(e)(2) offices.’’ Board should grant a blanket exclusion for ment section 220 and further states that, ex- Section 220(e)(1) provides that the regula- all covered employees in the section 220(e)(2) cept as provided in subsection (e), such regu- tions which the Board issues to apply chap- offices. The Board summarizes those two lations ‘‘shall be the same as substantive ter 71 to covered employees in section comments here. regulations promulgated by the Federal 220(e)(2) offices ‘‘shall, to the greatest extent One commenter argued that nothing in the Labor Relations Authority (‘‘FLRA’’) to im- practicable, be consistent with the provi- CAA warrants any categorical exclusions plement the statutory provisions referred to sions and purposes of chapter 71 [] and of [the from coverage. The commenter argued that in subsection (a) except— CAA].’’ To this end, section 220(e)(1) man- the CAA’s instruction to the Board to issue (A) to the extent that the Board may de- dates that such regulations ‘‘shall be the regulations which ‘‘to the greatest extent termine, for good cause shown and stated to- same as substantive regulations issued by practical’’ are ‘‘consistent with the provi- gether with the regulations, that a modifica- the Federal Labor Relations Authority under sions and purposes of chapter 71’’ invites cov- tion of such regulations would be more effec- such chapter’’ with two separate and distinct erage as broad in scope as chapter 71 pro- tive for the implementation of rights and provisos: vides for Executive Branch employees. The protections under this section, or First, section 220(e)(1), like every other commenter argued that section 220(e)(1)(B) is (B) as the Board deems necessary to avoid CAA section requiring the Board to issue im- an exception to the general rule mandating a conflict of interest or appearance of con- plementing regulations (i.e., sections coverage and that Congress did not purport flict of interest.’’ 202(d)(2), 203(c)(2), 204(c)(2), 205(c)(2), 206(c)(2), to find that any covered employees nec- The Board has separately published a Notice 215(d)(2)), authorizes the Board to modify the essarily qualified for application of such an of Proposed Rulemaking with respect to the FLRA’s regulations ‘‘(A) to the extent that exception. The commenter further argued issuance of regulations pursaunt to section the Board may determine, for good cause that the legislative history of section 220(e) 220(d). shown and stated together with the regula- indicates that Congress simply authorized Section 220(e)(1) of the CAA requires that tion, that a modification of such regulations the Board to determine whether covered em- the Board also issue regulations ‘‘on the would be more effective for the implementa- ployees in section 220(e)(2) offices should be manner and extent to which the require- tion of the rights and protections under this excluded without in any way suggesting that ments and exemptions of chapter 71 [] should section.’’ they should be excluded. May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5565 The commenter then pointed out that, like even if that union affiliation led to political erage where required, and to make changes Congress, the President is charged with con- incompatibility, thus allegedly eviscerating in the FLRA’s regulations where necessary. stitutional responsibilities and that execu- section 502 of the CAA (which is said to au- A. Section 220(e)(1)(A) tive branch employees (other than statu- thorize an employing office to discharge an Section 220(e)(1)(A) authorizes the Board to torily excepted employees) are nonetheless employee based on such incompatibility). Fi- modify the FLRA’s regulations ‘‘to the ex- free to join and be represented by unions of nally, the commenter asserted that, if em- tent that the Board may determine, for good their choice. The commenter urged that ployees of Senators’ offices are granted the cause shown and stated together with the there is nothing in the functions of the legis- right to organize, they will be the only em- regulation, that a modification of such regu- lative branch that suggests that union rep- ployees of Federal elected officials who are lations would be more effective for the im- resentation of legislative branch employees organized. plementation of the rights and protections is any different than union representation of The commenter also took the position that under [section 220(e)].’’ No commenter took executive branch employees (or that it poses the concerns stated regarding union organi- the position that there was good cause to any unique concerns). From this argument, zation in Senators’ personal offices are modify the FLRA regulations for more effec- the commenter concluded that no blanket equally applicable to employees in Senate tive implementation of section 220(e). Equal- exemption of all of the employees in section leadership and committee offices. The com- ly important, no commenter took the posi- 220(e)(2) offices is warranted; and the commenter further asserted that employees in tion that a blanket exclusion of all of the menter urged that its conclusion is sup- offices under the jurisdiction of the Sec- covered employees in any of the section ported by the overall policy of the CAA to retary of the Senate (Offices of the Par- 220(e) offices would be ‘‘more effective for bind Congress to the same set of rules that liamentarian, Bill Clerk, Legislative Clerk, the implementation of the rights and protec- other employers face. Journal Clerk, Executive Clerk, Enrolling tions under [section 220(e)].’’ And, at present, The second commenter took the position Clerk, Official Reporters of Debate, Daily Di- the Board has not independently found any that all of the covered employees in a num- gest and Printing Services, Office of Senate basis to exercise its authority to modify the ber of the section 220(e)(2) offices should re- Chief Counsel for Employment) should be ex- FLRA regulations for more effective imple- ceive a blanket exemption from coverage cluded from coverage because they allegedly mentation of section 220(e). The Board there- under section 220. In support of this argu- occupy confidential positions that are inte- fore does not propose to issue separate regu- ment, the commenter first described the gral to the Senate’s constitutional functions. lations pursuant to section 220(e)(1)(A)—that Senate’s constitutional responsibilities to The commenter also asserted that employees is, except as to employees whose exclusion exercise the legislative authority of the in the Office of the Senate Chief Counsel for from coverage under section 220 is required, United States; to ‘‘make all laws which shall Employment should be excluded because at- the Board proposes that the regulations that be necessary and proper for carrying into torneys in that office will engage in labor ne- it issues under section 220(d) will apply to Execution’’ its enumerated powers; to advise gotiations on behalf of management in Sen- employing offices, covered employees, and and consent to treaties and certain presi- ate offices and because all employees in the their representatives under section 220(e). dential nominations; and to try matters of office have access to privileged and confiden- impeachments. The commenter then stated B. Section 220(e)(1)(B) tial information. The commenter similarly that, in fulfilling these responsibilities, the Section 220(e)(1)(B) provides that the Board stated that employees in the Office of the Senate must be ‘‘free from improper influ- ‘‘shall exclude from coverage under [section Legislative Counsel and the Office of the ence from outside sources so that Members 220] any covered employees in [section Senate Legal Counsel should be excluded be- can fairly represent the interests of the 220(e)(2) offices] if the Board determines that cause they have direct access to privileged United States and its citizens.’’ The com- such exclusion is required because of— and confidential information relating to the menter asserted that exclusion from cov- (i) a conflict of interest or appearance of a constitutional functions of the Senate. conflict of interest; or erage of all employees in Senators’ personal Finally, the commenter contended that, offices is necessary to insulate the legisla- (ii) Congress’ constitutional responsibil- pursuant to 220(e)(2)(H), employees in four ities.’’ tive process from improper influence by out- other offices should be subject to a blanket The question here for resolution, then, is to side parties. exclusion. Employees in the Executive Office In so stating, the commenter recognized what extent the Board should exclude cov- of the Secretary of the Senate, because they that a number of such employees would al- ered employees in the section 220(e)(2) offices are privy to confidential information about ready be excluded under chapter 71, but ar- from coverage. both the legislative functions of the Senate gued that the participation of any employee 1. The statutory language and legislative and the labor management policies of the Of- of a Senator’s office in a labor organization history indicate that exclusions are proper fice of the Secretary; employees in the Office would ‘‘interfere with the Senator’s con- only where ‘‘required’’ by the stated statu- of Senate Security, because they have access stitutional responsibilities, [ ] allow unions tory criteria to highly sensitive and confidential informa- to obtain an undue advantage in the legislation relating to the constitutional respon- Section 220(e)(1)(B) states that the Board tive process and to exercise improper influ- sibilities of the Senate, as well as to matters ‘‘shall’’ exclude any covered employee of a ence over Members, and [ ] create conflicts of of national security; employees in the Sen- section 220(e)(2) office where such exclusion interest.’’ The commenter asserted that al- ate Disbursing Office, because they have ac- is ‘‘required’’ by the stated statutory cri- lowing such employees to organize would cess to confidential financial information teria. The statutory specification that the ‘‘provide labor unions with unprecedented that could enhance a union’s bargaining po- exclusion be ‘‘required’’ by Congress’ con- access to and influence over the operations sition; and employees in the Administrative stitutional responsibilities or a conflict of and legislative activities of Senators’ per- Office of the Sergeant at Arms, because they interest is telling. In this context, the term sonal offices’’ and turn the collective bar- have access to confidential information ‘‘required’’ means ‘‘insist[ed] upon usu[ally] gaining process into ‘‘a lobbying tool of or- about the office and the Senate. with certainty and urgency.’’ See Webster’s ganized labor’’. Third New International Dictionary (1986); The commenter contended that union rep- III. Notice of Proposed Rulemaking see also Black’s Law Dictionary (4th ed. 1968) resentation of employees in a Senator’s per- In developing its proposed regulations, the (‘‘direct[ed], order[ed], demand[ed], sonal office also could create significant con- Board has carefully considered both its re- instruct[ed], command[ed]’’). Thus, merely flicts of interest, both because legislation sponsibilities under section 220(e) and the being helpful to or in furtherance of the stat- that affects union or management rights two directly contradictory comments that ed statutory criteria is insufficient; rather, may have a direct impact on a Senator’s bar- the Board received concerning the regula- the exclusion must be necessary to the con- gaining position with an employee union, tions that it must issue. For the reasons that duct of Congress’s constitutional responsibil- and because a Senator’s voting position may follow, the Board’s judgment is that a blan- ities or to the avoidance of a conflict of in- be tainted by the appearance that he or she ket exclusion of all of the employees in the terest (real or apparent). is affected by the position of the employee section 220(e)(2) offices is not ‘‘required’’ Although legislative history should always union. The commenter also claimed that under the stated statutory criteria. But the be consulted with due care and regard for its payment of union dues by a Senator’s em- Board will propose regulations that allow the limitations, the scant legislative history di- ployees could create the perception of a con- exclusion issue to be raised with respect to rectly attached to section 220(e)(1)(B) here flict of interest, because Senate employees any particular employee in any particular appears to confirm that exclusions are prop- may not make political contributions to case. The Board also urges commenters who er only where necessary to achieve the stat- their employer, but the employees may support any categorical exclusions, in com- ed statutory criteria. See 141 Cong. Rec. S626 nonetheless pay dues to a union that, in menting on these proposed regulations, to (section-by-section analysis of CAA). What is turn, contributes to that employer. The com- explain why particular jobs or job duties re- now section 220(e) was added to a predecessor menter further argued that, if a Senator’s quire exclusion of particular employees so to the CAA in October 1994 in the Senate employees are permitted to organize, they that the Board may exclude them by regula- Governmental Affairs Committee. The Com- may develop conflicting loyalties that could tion, where appropriate. Through this initial mittee’s Report explains that this provision render them politically incompatible with regulation and any categorical exclusions was added in response to several Members’ the Senator for whom they work. The com- that may appropriately be included in its concerns that the application of labor laws menter contended that it would be an unfair final regulations, the Board intends to carry to the legislative offices might interfere labor practice for an employer to discharge out its statutory responsibility under sec- with Congress’ ability to fulfill its constitu- an employee because of union affiliation tion 220(e) to exclude employees from cov- tional functions: ‘‘For example, there was a H5566 CONGRESSIONAL RECORD — HOUSE May 23, 1996 concern that, if legislative staff belonged to and, indeed, supportive of—the Executive and conditions of employment’’; their Sen- a union, that union might be able to exert Branch’s fulfillment of the President’s con- ator’s legislative positions are not properly on undue influence over legislative activities or stitutional responsibility faithfully to exe- the table. And in the event that nonexempt decisions. Even if such a conflict of interest cute the laws of the United States. The employees in section 220(e)(2) offices fail to between employees’ official duties and union Board has not yet been presented with any come to terms with an employing office membership did not actually occur, the mere facts or legal argument that would support a about their terms and conditions of employ- appearance of undue influence or access determination that, in contrast to the situa- ment, the employees do not have their prin- might be very troubling. Furthermore, there tion in the Executive Branch, all employees ciple coercive weapons that organized labor is a concern that labor actions could delay or of the section 220(e)(2) offices must be ex- uses to further its employment goals, see disrupt vital legislative activities.’’ [S. Rep. cluded from collective bargaining in order Allis Chalmers v. NLRB, 388 U.S. 175 (1967), be- No. 397, 103d Cong., 2d Sess. 8 (1994).] for the Legislative Branch to be able to ful- cause they lack the right to strike or slow The Report went on to explain that the fill its constitutional charge. down. See sections 7103(a)(2)(v), 7311. These proposed bill addressed the Members’ con- For example, although the commenter as- limitations make it clear that exclusion of cerns in two ways: First, rather than apply- serts that, if a Senator is required to bargain all employees in a section 220(e)(2) office ing the National Labor Relations Act with his or her employees’ union, the em- (such as certain secretaries and messengers) (‘‘NLRA’’) to Congress, the bill would apply ployees’ union will obtain an undue advan- is not necessary to prevent the allegedly im- chapter 71 whose ‘‘provisions and precedents tage in the legislative process by dint of its proper influence that concerns the com- . . . address problems of conflict of interest members’ special access to the Senator and menter; and they make self-evident that in the governmental context and . . . pro- its members’ influence over the Senator’s such a blanket exclusion of all section hibit strikes and slowdowns.’’ Second, ‘‘as an legislative positions, the Board does not be- 220(e)(2) office employees is not required by extra measure of precaution,’’ the bill would lieve that a Senator can be brought to his Congress’ constitutional responsibilities. not apply to the section 220(e)2) offices constitutional knees so easily. The commit- The commenter supporting blanket exclu- ‘‘until the Board has conducted a special ment of our Nation’s elected representatives sion of all employees in section 220(e)(2) of- rulemaking to consider such problems as to the performance of their constitutional fices further argued that all members of a conflict of interest.’’ Id. at 8. duties is great; and, access or no access by Senator’s staff—no matter how routine their The above-described Senate Report does unions, it must be presumed that out elected job duties—are privy to inside information not reveal—either expressly or implicitly— representatives will carry out their constitu- about the Senator, including information any congressional expectation that exclu- tional responsibilities with fervor. Moreover, about the Senator’s legislative positions. sions would necessarily result as a con- it must also be recognized that, in doing so, The commenter expressed a concern that a sequence of the Board’s special rulemaking. our elected representatives will be supported Senator’s organized employees might reveal Instead, the Report explains that the con- by many employees who simply do not have this confidential information to their union cerns of several Members were principally the right to organize. Supervisors—defined and that a union might then use the con- as individuals with authority to hire, direct, addressed by the incorporation of chapter 71 fidential information to exert improper in- assign, promote, reward, transfer, furlough, (rather than the NLRA) in the bill and that, fluence on the Senator and thus on the legis- layoff, recall, suspend, discipline, or remove ‘‘as an extra measure of precaution,’’ the lative process. The commenter also feared employees, or to adjust their grievances, or Board should consider in a special rule- that a Senator’s organized employees would to effectively recommend such action—are making whether application of even chapter not wholeheartedly perform their duties if not even covered by chapter 71 as applied by 71 to employees in section 220(e) would de- the Senator were to take a position inimical the CAA. See sections 7103(a)(2)(iii) and feat Congress’ responsibilities or cause insol- to the interests of unions. But, again, these 7103(a)(10). Likewise, management officials— uble conflicts of interest (real or apparent). concerns are not sufficient to justify blanket defined as individuals in positions whose du- See 141 Cong. Rec. S444–45 (remarks of Sen- exclusions, if only because they can be ad- ator Grassley). Indeed, the section-by-sec- ties and responsibilities require or authorize the individual to formulate, determine, or dressed by other means. tion analysis of the bill that became the The confidentiality of information and influence the policies of their employer—are CAA states that section 220(e) should not be loyal performance of duties can be ensured not covered. See sections 7103(a)(2)(iii) and construed as ‘‘a standard license to roam far without exclusion of all section 220(e)(2) of- 7103(a)(11). Furthermore, confidential em- afield from [the] executive regulations.’’ See fice employees. Nothing in federal law, and ployees—defined as employees who act in a 141 Cong. Rec. S626. certainly nothing in chapter 71 or the CAA, confidential capacity with respect to individ- The legislative materials suggest that sec- limits a Member’s right to establish neutral uals who formulate or effectuate manage- tion 220(e) requires the Board to exclude em- work rules designed to assure productivity, ment policies in the field of labor-manage- ployees in section 220(e)(2) offices only where discipline, and confidentiality and to dis- ment relations—and employees engaged in ‘‘required’’ by the statutory criteria—i.e., cipline and/or discharge any employee who personal work are not covered. See sectons where exclusion is necessary to the accom- violates those rules. An employee who vio- 7112(b)(2),(3) and 7103(a)(13). Finally, employ- plishment of the statutory criteria. The leg- lates one of these work rules may be dis- ees whose participation in the management islative materials leave no room for the ex- charged for that reason. of a labor organization or whose representa- clusion of covered employees in the absence This point answers the commenter’s argu- tion of a labor organization results in a con- of a demonstrated and substantial need for ment that categorical exclusion is necessary flict or apparent conflict of interest or is doing so. because a Senator would not be able to dis- otherwise incompatible with law or with offi- 2. Exclusion of all employees in section 220(e) charge or discipline an employee who leaks cial job duties are not covered. See section offices is not required by Congress’ con- confidential information, or one who openly 7120(e). Cumulatively, these exclusions un- stitutional responsibilities or concerns and actively supports legislation that the dermine the claim that all employees of a about real or apparent conflicts of interest Senator opposes. If the Senator had in place section 220(e)(2) office—including secretaries and enforced a work rule neutrally forbid- On the basis of the comments received to and messengers—must be excluded from cov- ding conduct without regard to the employ- date, the Board is unable to find a dem- erage in order for the Legislative Branch to ee’s union membership or activity (so long as onstrated and substantial need for the blan- fulfill its constitutional charge; to the ex- the employee’s constitutional rights were ket exclusion of all employees in the section tent that a union obtains access, it will be not violated). The Senator would only vio- 220(e)(2) offices. Such a blanket exclusion of on behalf of employees who are not at the late section 220 of the CAA if he or she sim- all covered employees does not appear to be center of the Senator’s management core. required by either Congress’ constitutional The commenter supporting blanket exclu- ply forbid inconsistent conduct that related responsibilities or any real or apparent con- sion of all employees in certain section to union membership or activities or en- flicts of interest. 220(e)(2) office also argued that, absent such forced a facially neutral rule in a discrimina- a. Exclusion is not necessitated by Congress’ an exclusion, a Senator’s employees would be tory manner. Exclusion of all covered em- constitutional responsibilities able to influence a Senators’ legislative posi- ployees is thus not ‘‘required’’ to address the The key premise of the commenter’s argu- tion of exchange for concessions at the bar- confidentiality and loyalty concerns that ment that exclusion of all section 220(e)(2) of- gaining table. This argument, however, ig- have been advanced here. fice employees is required by Congress’ con- nores the fact that, for those employees not b. Exclusion of all employees in section 220(e)(2) stitutional responsibilities is the assertion exempted (such as certain secretaries and offices is not ‘‘required’’ by any real or appar- that collective bargaining rights for section messengers), chapter 71 provides only a lim- ent conflicts of interest 220(e) employees are categorically inconsist- ited set of labor relations rights. Once orga- Nor is the Board prepared at this point to ent with the effective functioning of the Leg- nized, employees may bargain about their accept the argument that blanket exclusion islative Branch. But the legislative judg- conditions of employment. But they may not of all employees in section 220(e)(2) offices is ment embodied in chapter 71 is that collec- bargain about matters ‘‘specifically provided ‘‘required’’ to avoid conflicts of interest, real tive bargaining rights are entirely consistent for by Federal statute,’’ a category which in- or apparent. The exclusions in chapter 71 for with—and, indeed, enhance—the efficient cludes inter alia a number of restrictions on supervisory, confidential and other such em- and effective functioning of the Executive pay, health insurance, and retirement bene- ployees are sufficient to take care of most Branch. See 5 U.S.C. § 7101. More to the point, fits for legislative employees. See section potential conflict of interest questions cre- the legislative judgment in chapter 71 is that 7102(2), 7103(a)(12), 7103(a)(14)(C). Moreover, ated by employee organization; indeed, chap- collective bargaining is consistent with— they may only bargain about their ‘‘terms ter 71 itself allows exclusion of employees May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5567 with additional insoluble conflicts of inter- sible to ‘‘the provisions and purposes of where appropriate and relevant, that a cov- est. While the Board is prepared to exclude chapter 71.’’ In doing so, the Board has no ered employee employed in a section 220(e)(2) appropriate categories of employees where choice but to reject the proposition that all office is required to be excluded from cov- required by conflicts of interest, the sugges- employees in a section 220(e)(2) office must erage under section 220(e) because of a con- tion that all employees in section 220(e)(2) of- be excluded from coverage because of a real flict of interest (real or apparent) or because fices must be excluded because of such al- or apparent conflict that their organization of Congress’ constitutional responsibilities. leged conflicts does not appear well-founded. would create for their Member of Congress. The Board, however, proposes to issue such a The commenter expressed a fear that orga- The premise of chapter 71, and thus the CAA, regulation. By doing so, the Board intends to nized employees would necessarily have a is that employees in unions may loyally ensure that an exclusion may be provided loyalty to the union and to union goals that serve government employees and that the where the law and the facts require it. The would be inconsistent with loyal service to a public will not view government acts in re- proposed regulation of the Board allows the Member and to his or her legislative posi- sponse to union demands as illegitimate re- issue of exclusions under section 220(e)(1)(B) tions. There may indeed be such tensions and sponses to union pressure. to be raised and decided on a case-by-case potential conflicts that arise from union basis. 3. Proposed regulations under section membership of covered employees. But such 220(e)(1)(B) IV. Method of Approval tensions and conflicts also arise in connec- For these reasons, the Board does not pro- The Board recommends that (1) the version tion with a covered employee’s membership of the proposed regulations that shall apply pose to issue regulations that grant blanket and participation in other special interest to the Senate and employees of the Senate exclusion of all employees in any of the sec- groups, such as the Sierra Club, the National be approved by the Senate by resolution; (2) tion 220(e)(2) offices. In the Board’s judg- Rifle Association, the National Right to the version of the proposed regulations that ment, the issuance of blanket exclusions Work Foundation, or the National Organiza- shall apply to the House of Representatives tion of Women. Indeed, an employee’s out- from the application of section 220 for all em- and employees of the House of Representa- side associations—whatever they may be—all ployees in section 220(e)(2) offices would rep- tives be approved by the House of Represent- give rise to a possible tension between the resent a significant departure from the over- atives by resolutions; and (3) the version of employee’s interests and loyalties (as ex- all purposes and policies of the CAA. The the proposed regulations that shall apply to pressed by outside associations) and the Board would promptly take that step if it other covered employees and employing of- Member’s legislative positions. Nonetheless, were necessary because of a conflict of inter- fices be approved by the Congress by concur- Congress has not imposed a blanket prohibi- est (real or apparent) or Congress’ constitu- rent resolution. tion on employee membership and participa- tional responsibilities. But no necessity has Signed at Washington, D.C. on this 22 day tion in outside associations; and, under chap- been shown or yet been found for the exclu- of May, 1996. ter 71, the tensions and potential conflicts sion of all employees in section 220(e)(2) of- GLEN D. NAGER, that arise in connection with union member- fices. Chair of the Board, ship have not been enough to justify a blan- The Board further notes that no com- Office of Compliance. ket exclusion of all employees from organi- menter took the position that there were job § 2472. Specific regulations regarding certain offices zation in the Executive Branch. While the duties of employees within section 220(e)(2) of Congress Board is prepared to consider whether such offices that required application of section § 2472.1. Purpose and Scope associations might preclude organization 220(e)(1)(B)’s exception to coverage; a fortiori, The regulations contained in this section rights for particular employees in particu- no comments provided the Board with any implement the provisions of chapter 71 as ap- larly sensitive positions, it cannot accept facts or legal argument in support of the is- plied by section 220 of the CAA to covered the suggestion that the possible tensions be- suance of regulations providing that employ- employees in the following employing of- tween employee interests and loyalties and ees in section 220(e)(2) offices who perform fices: Member positions ‘‘requires’’ the blanket ex- certain job duties are not covered by section (A) the personal office of any Member of clusion of all employees in section 220(e)(2) 220. For this reason, the Board does not pro- the House Representatives or of any Senator; offices; there are surely less restrictive pose to issue any such regulations at this (B) a standing select, special, permanent, means for mitigating these potential con- time. Of course, the Board stands ready to temporary, or other committee of the Senate flicts for many, if not all, of the employees use its rulemaking authority to propose and or House of Representatives, or a joint com- of section 220(e)(2) offices. issue such regulations when and if the Board mittee of Congress; The commenter also asserted that exclu- is presented with facts and legal argument (C) the Office of the Vice President of the sion of all employees is required by an appar- demonstrating that the application of sec- Senate), the Office of the President pro tempore of the Senate, the Office of the Majority ent conflict of interest for Members voting tion 220(e)(1)(B) to employees performing Leader of the Senate, the Office of the Mi- on legislation that affects unions: according particular job duties in ‘‘required.’’ The nority Leader of the Senate, the Office of the to the commenter, if the Members support Board again urges commenters to provide Majority Whip of the Senate, the Conference the legislation, they may be perceived as the Board with such information and au- of the Majority of the Senate, the Conference caving to union pressure; if they oppose it, thorities. of the Minority of the Senate, the Office of they may be perceived as attempting to en- The commenter supporting blanket exclu- the Secretary of the Conference for the Ma- hance their bargaining positions with the sion of all employees in section 220(e)(2) of- jority of the Senate, the Office of the Sec- union; in either instance, they would not be fices argued that, pursuant to its power retary for the Minority of the Senate, the perceived as serving their constituents. But under section 220(e)(2)(H), the Board should Majority Policy Committee of the Senate, propose regulations (i) adding the Executive this situation does not appear to differ from the Minority Policy Committee of the Sen- Office of the Secretary of the Senate, the Of- that faced by the President when he or Exec- ate, and the following offices within the Of- fice of Senate Security, the Senate Disburs- utive Branch officials acting on his behalf fice of the Secretary of the Senate: Offices of ing Office, and the Administrative Office of take a position on pending labor legislation. the Parliamentarian, Bill Clerk, legislative That apparent conflict is inherent to em- the Sergeant at Arms to the statutory list of Clerk, Journal Clerk, Executive Clerk, En- ployee organization in the public sector; and section 220(e)(2) offices, and (ii) granting a rolling Clerk, Official Reporters of Debate, yet chapter 71 reflects a judgment that this blanket exclusion of all covered employees Daily Digest, Printing Services, Captioning apparent conflict does not require the cat- in these offices. By its analysis above, the Services, and Senate Chief Counsel for Em- egorical exclusion of all employees from col- Board has effectively rejected the argument ployment. lective organization. The judgment in chap- that any offices, including these four, are en- (D) the Office of the Speaker of the House ter 71, which Congress incorporated by ref- titled to blanket exclusion of all of their em- of Representatives, the Office of the Major- erence in the CAA, prevents the Board from ployees from application of section 220. The ity Leader of the House of Representatives, accepting any argument that this apparent Board agrees, however, with the com- the Office of the Minority Leader of the conflict requires exclusion of all employees in menter’s assertion that employees in these House of Representatives, the Offices of the a section 220(e)(2) office. offices perform functions ‘‘comparable’’ to Chief Deputy Majority Whips, the Offices of Indeed, with respect to both alleged con- those performed by employees in the other the Chief Deputy Minority Whips, and the flicts of interest, the Board finds it signifi- section 220(e)(2) offices, and thus the Board following offices within the Office of the cant that, in chapter 71’s statement of con- proposes, pursuant to section 220(e)(2)(H), to Clerk of the House of Representatives: Of- gressional findings and purpose, Congress ex- treat these offices as section 220(e)(2) offices fices of Legislative Operations, Official Re- pressly found that ‘‘labor organizations and for all purposes, including the determination porters of Debate, Official Reports to Com- collective bargaining in the civil service are of the effective date of sections 220(a) and mittees, Printing Services, and Legislative in the public interest’’ because they (b). For all other offices—that is, all offices Information; ‘‘safeguard[ ] the public interest,’’ that are not either listed in section 220(e)(2) (E) the Office of the Legislative Counsel of ‘‘contribute[ ] to the effective conduct of or defined as section 220(e)(2) offices here— the Senate, the Office of the Senate Legal public business,’’ and ‘‘facilitate[ ] and the effective date of sections 220(a) and (b) is Counsel, the Office of the Legislative Coun- encourage[ ] the amicable settlements of dis- October 1, 1996. sel of the House Representatives, the Office putes between employees and their employ- No commenter took the position that the of the General Counsel of the House of Rep- ers involving conditions of employment. See Board should adopt a regulation authorizing resentatives, the Office of the Parliamentar- Section 7101. Section 220(e)(1) of the CAA in- parties and/or employees in appropriate pro- ian of the House of Representatives, and the structs the Board to hew as closely as pos- ceedings to assert, and the Board to decide, Office of the Law Revision Counsel; H5568 CONGRESSIONAL RECORD — HOUSE May 23, 1996 (F) the offices of any caucus or party orga- 22 U.S.C. 2776(b); to the Committee on Inter- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- nization; national Relations. tee on Resources. (G) the Congressional Budget Office, the 3150. A letter from the Acting Assistant 3162. A letter from the Director, Office of Office of Technology Assessment, and the Of- Secretary for Legislative Affairs, Depart- Surface Mining, transmitting the Office’s fice of Compliance; and; ment of State, transmitting notification of a final rule—Oklahoma Abandoned Mine Land (H) the Executive Office of the Secretary of proposed manufacturing license agreement Reclamation Plan (eligible lands and waters, the Senate, the Office of Senate Security, for production of major military equipment and others) [OK–-15–FOR] received May 22, the Senate Disbursing Office and the Admin- with Japan (Transmittal No. DTC–30–96), 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the istrative Office of the Sergeant at Arms. pursuant to 22 U.S.C. 2776(d); to the Commit- Committee on Resources. § 247.2. Application of Chapter 71 tee on International Relations. 3163. A letter from the Director, Office of Surface Mining, transmitting the Office’s (a) The requirements and exemptions of 3151. A letter from the Acting Assistant final rule—Indiana Regulatory Program chapter 71 of title 5, United States Code, as Secretary for Legislative Affairs, Depart- (subsidence control) [IN–112–FOR] received made applicable by section 220 of the CAA, ment of State, transmitting the Depart- May 22, 1996, pursuant to 5 U.S.C. shall apply to covered employees who are ment’s report on nuclear nonproliferation in South Asia for the period of October 1, 1995, 801(a)(1)(A); to the Committee on Resources. employed in the offices listed in section 3164. A letter from the Director, Office of 2472.1 in the same manner and to the same through March 31, 1996, pursuant to 22 U.S.C. 2376(c); to the Committee on International Surface Mining, transmitting the Office’s extent as those requirements and exemptions final rule—New Mexico Regulatory Program are applied to other covered employees. Relations. 3152. A letter from the Director, Defense (definitions and others) [NM–036–FOR] re- (b) The regulations of the Office, as set ceived May 22, 1996, pursuant to 5 U.S.C. forth at sections 2420–29 and 2470–71, shall Security Assistance Agency, transmitting notification concerning the Department of 801(a)(1)(A); to the Committee on Resources. apply to the employing offices listed in sec- 3165. A letter from the Director, Office of tion 2472.1, covered employees who are em- the Army’s proposed Letter(s) of Offer and Acceptance [LOA] to Greece for defense arti- Surface Mining, transmitting the Office’s ployed in those offices and representatives of final rule—Colorado Regulatory Program cles and services (Transmittal No. 96–49), those employees. (definitions and others) [CO–029–FOR] re- pursuant to 22 U.S.C. 2776(b); to the Commit- § 2472.3. Exclusion from coverage ceived May 22, 1996, pursuant to 5 U.S.C. tee on International Relations. Notwithstading any other provision of 3153. A communication from the President 801(a)(1)(A); to the Committee on Resources. 3166. A letter from the Director, Office of these regulations, any covered employee who of the United States transmitting notifica- Surface Mining, transmitting the Office’s is employed in an office listed in section tion that on May 19, 1996, heavy fighting final rule—Virginia Regulatory Program 2472.1 shall be excluded from coverage under broke out between government forces and section 220 if it is determined in an appro- (coal waste) [VA–105] received May 22, 1996, mutinous troops in the capital city of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- priate proceeding that such exclusion is re- Bangui, Central African Republic, and that quired because of (a) a conflict of interest or mittee on Resources. on May 20, 1996, the deployment of United 3167. A letter from the Director, Office of appearance of a conflict of interest, or (b) States military personnel was ordered to Congress’ constitutional responsibilities. Surface Mining, transmitting the Office’s conduct the evacuation from the Central Af- final rule—Illinois Regulatory Program (ter- f rican Republic of private United States citi- mination of jurisdiction and others) [IL–089– EXECUTIVE COMMUNICATIONS, zens and certain United States Government FOR] received May 22, 1996, pursuant to 5 employees (H. Doc. No. 104–220); to the Com- ETC. U.S.C. 801(a)(1)(A); to the Committee on Re- mittee on International Relations and or- sources. Under clause 2 of rule XXIV, execu- dered to be printed. 3168. A letter from the Director, National tive communications were taken from 3154. A letter from the Chairwoman, Na- Legislative Commission, The American Le- the Speaker’s table and referred as fol- tional Mediation Board, transmitting the fis- gion, transmitting a copy of the Legion’s fi- lows: cal year 1995 annual report under the Federal nancial statements as of December 31, 1995, Managers’ Financial Integrity Act [FMFIA] pursuant to 36 U.S.C. 1101(4) and 1103; to the 3144. A letter from the Deputy Secretary of of 1982, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on the Judiciary. Defense, transmitting notification that the Committee on Government Reform and 3169. A letter from the Director, Federal report required by section 365(a) of Public Oversight. Emergency Management Agency, transmit- Law 104–106 will be transmitted to Congress 3155. A letter from the Secretary of the ting notification that funding under title V no later than September 1, 1996; to the Com- Treasury, transmitting the fiscal year 1995 of the Robert T. Stafford Disaster Relief and mittee on National Security. annual report under the Federal Managers’ Emergency Assistance Act, as amended, may 3145. A letter from the Director, Office of Financial Integrity Act [FMFIA] of 1982, pur- exceed $5 million for the response to the Management and Budget, transmitting suant to 31 U.S.C. 3512(c)(3); to the Commit- emergency declared as a result of the ex- OMB’s estimate of the amount of change in tee on Government Reform and Oversight. treme fire hazard in the State of Texas dat- outlays or receipts, as the case may be, in 3156. A letter from the Director, Office of ing back to February 23, 1996, pursuant to 42 each fiscal year through fiscal year 2002 re- Surface Mining, transmitting the Office’s U.S.C. 5193(b)(3); to the Committee on Trans- sulting from passage of H.R. 2024 and H.R. final rule—Indiana Regulatory Program (re- portation and Infrastructure. 2243, pursuant to Public Law 101–508, section codification of State law) [IN–132–FOR] re- 3170. A letter from the Secretary of Trans- 13101(a) (104 Stat. 1388–582); to the Committee ceived May 22, 1996, pursuant to 5 U.S.C. portation, transmitting the Department’s re- on the Budget. 801(a)(1)(A); to the Committee on Resources. port entitled ‘‘Report To Congress: Products 3146. A letter from the Chair, Federal En- 3157. A letter from the Director, Office of Used For Airport Pavement Maintenance ergy Regulatory Commission, transmitting Surface Mining, transmitting the Office’s And Rehabilitation,’’ pursuant to the Fed- the 1995 annual report of the Federal Energy final rule—Texas Regulatory Program (road eral Aviation Administration Authorization Regulatory Commission, pursuant to 16 systems and others) [TX–029–FOR] received Act of 1994; to the Committee on Transpor- U.S.C. 797(d); to the Committee on Com- May 22, 1996, pursuant to 5 U.S.C. tation and Infrastructure. merce. 801(a)(1)(A); to the Committee on Resources. 3171. A letter from the Director, Office of 3147. A letter from the Secretary, Federal 3158. A letter from the Director, Office of Regulations Management, Department of Trade Commission, transmitting the Com- Surface Mining, transmitting the Office’s Veterans Affairs, transmitting the Depart- mission’s final rule—Guides for the Metalic final rule—Indiana Regulatory Program (re- ment’s final rule—Veterans and Dependents Watch Band Industry and Guides for the maining and others) [IN–133–FOR] received Education: Miscellaneous (RIN 2900–AH60) Jewelry Industry—received May 22, 1996, pur- May 22, 1996, pursuant to 5 U.S.C. received May 22, 1996, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Veterans’ tee on Commerce. 3159. A letter from the Director, Office of Affairs. 3148. A letter from the Director, Defense Surface Mining, transmitting the Office’s 3172. A letter from the Chief, Regulations Security Assistance Agency, transmitting final rule—Hopi Tribe Abandoned Mine Land Unit, Internal Revenue Service, transmitting notification concerning the Department of Reclamation Plan [HO–003–FOR] received the Service’s final rule—Determination of the Navy’s proposed Letter(s) of Offer and May 22, 1996, pursuant to 5 U.S.C. Interest Rate (Revenue Ruling 96–28) re- Acceptance [LOA] to the Netherlands for de- 801(a)(1)(A); to the Committee on Resources. ceived May 22, 1996, pursuant to 5 U.S.C. fense articles and services (Transmittal No. 3160. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Ways and 96–50), pursuant to 22 U.S.C. 2776(b); to the Surface Mining, transmitting the Office’s Means. Committee on International Relations. final rule—Missouri Regulatory Program (re- 3173. A letter from the Chief, Regulations 3149. A letter from the Director, Defense vegetation success guidelines) [MO–025–FOR] Unit, Internal Revenue Service, transmitting Security Assistance Agency, transmitting received May 22, 1996, pursuant to 5 U.S.C. the Service’s final rule—Definitions Relating notification concerning the Department of 801(a)(1)(A); to the Committee on Resources. to Corporate Reorganizations (Revenue Rul- the Army’s proposed Letter(s) of Offer and 3161. A letter from the Director, Office of ing 96–29) received May 22, 1996, pursuant to Acceptance [LOA] to the Taipei Economic Surface Mining, transmitting the Office’s 5 U.S.C. 801(a)(1)(A); to the Committee on and Cultural Representative Office [TECRO] final rule—Missouri Regulatory Program Ways and Means. in the United States for defense articles and (state alternative bonding system and oth- 3174. A letter from the Chief, Regulations services (transmittal No. 96–48), pursuant to ers) [MO–026–FOR] received May 22, 1996, pur- Unit, Internal Revenue Service, transmitting May 23, 1996 CONGRESSIONAL RECORD — HOUSE H5569 the Service’s final rule—Distribution of TIME LIMITATION OF REFERRED By Mr. GALLEGLY: Stock and Securities of a Controlled Cor- BILL H.R. 3523. A bill to require the relocation poration (Revenue Ruling 96–30) received of a National Weather Service radar tower May 22, 1996, pursuant to 5 U.S.C. Pursuant to clause 5 of rule X the fol- which is on Sulphur Mountain near Ojai, CA; 801(a)(1)(A); to the Committee on Ways and lowing action was taken by the Speak- to the Committee on Science. Means. er: By Mr. GILMAN: 3175. A letter from the Acting Assistant H.R. 3060. Referral to the Committees on H.R. 3524. A bill to amend title 32, United Secretary for Legislative Affairs, Depart- International Relations and Resources ex- States Code, to authorize the National Guard ment of State, transmitting a report on allo- tended for a period ending not later than of a State, as part of a drug interdiction and cation of funds the executive branch intends May 23, 1996. counter-drug activities plan, to assist the Immigration and Naturalization Service in to make available from funding levels estab- f lished in the Foreign Operations, Export Fi- the transportation of aliens who have vio- nancing, and Related Programs Appropria- PUBLIC BILLS AND RESOLUTIONS lated a Federal or State law prohibiting or tions Act, 1996; jointly, to the Committees regulating the possession, use, or distribu- Under clause 5 of rule X and clause 4 tion of a controlled substance; to the Com- on Appropriations and International Rela- of rule XXII, public bills and resolutions. mittee on National Security. 3176. A letter from the Secretary of Health tions were introduced and severally re- By Mr. HYDE (for himself and Mr. CON- and Human Services, transmitting the Sec- ferred as follows: YERS): H.R. 3525. A bill to amend title 18, United retary’s evaluation of the Medicare select By Mr. BILBRAY: States Code, to clarify the Federal jurisdic- demonstration, that is, a Medicare supple- H.R. 3518. A bill to amend the Clean Air tion over offenses relating to damage to reli- mental insurance product limited to 15 Act to permit the exclusive application of gious property; to the Committee on the Ju- States for 3 years, effective January 1, 1992, State regulations regarding reformulated diciary. pursuant to section 4358(d) of the Omnibus gas in certain areas; to the Committee on Commerce. By Mr. JOHNSON of South Dakota: Budget Reconciliation Act of 1990; jointly, to H.R. 3526. A bill to amend title 18, United By Mr. BARTON of Texas: the Committees on Commerce and Ways and States Code, with respect to transmission of H.R. 3519. A bill to amend the Clean Air Means. wagering information; to the Committee on Act; to the Committee on Commerce. 3177. A letter from the Chair of the Board, the Judiciary. By Mr. GEPHARDT (for himself, Mr. Office of Compliance, transmitting notice of By Mr. KIM (for himself, Mr. BILBRAY, BONIOR, Mr. BENTSEN, Mr. GEJDEN- proposed rulemaking for publication in the Mr. CUNNINGHAM, Mr. BONILLA, Mr. SON, Mr. POMEROY, Mr. SAWYER, Mr. CONGRESSIONAL RECORD, pursuant to Public HORN, Mrs. SEASTRAND, Mr. BONO, FAZIO of California, Mrs. KENNELLY, Law 104–1, section 304(b)(1) (109 Stat. 29); Mr. DREIER, Mr. CALVERT, Mr. Mr. DINGELL, Mr. GIBBONS, Mr. CLAY, jointly, to the Committees on House Over- MCKEON, Mr. DOOLITTLE, and Mr. Mr. LAFALCE, Mr. OBERSTAR, Mr. sight and Economic and Educational Oppor- MOORHEAD): tunities. DURBIN, Mr. JOHNSON of South Da- H.R. 3527. A bill to provide financial assist- 3178. A letter from the Secretary of Health kota, Mr. KENNEDY of Massachusetts, ance to Mexican border States for transpor- and Human Services, transmitting the De- Mr. STARK, Mr. MATSUI, Mr. COYNE, tation projects that are necessary to accom- partment’s report entitled ‘‘Report to Con- Mr. LEVIN, Mr. MCDERMOTT, Mr. modate increased traffic resulting from the gress: Changes in Physician Participation, KLECZKA, Mr. LEWIS of Georgia, Mr. implementation of the North American Free- Assignment, and Extra Billing in the Medi- NEAL of Massachusetts, Mr. MILLER Trade Agreement; to the Committee on care Program During 1994—ACTION,’’ pursu- of California, Mr. WILLIAMS, Mr. AN- Transportation and Infrastructure. ant to section 1848(g)(6) of the Social Secu- DREWS, Mr. GREEN of Texas, Ms. By Ms. LOFGREN: rity Act; jointly, to the Committees on Ways WOOLSEY, Mr. FATTAH, Ms. DELAURO, H.R. 3528. A bill to require any department, and Means and Commerce. Mr. MURTHA, Mr. OBEY, Mr. FROST, agency, or instrumentally that contracts f Mr. BROWN of California, Mr. YATES, with the Federal Government to offer a Mr. GONZALEZ, Mr. STUDDS, Mr. MAR- health plan and pension plan; to the Com- REPORTS OF COMMITTEES ON KEY, Mr. RAHALL, Mr. VENTO, Mr. mittee on Government Reform and Over- PUBLIC BILLS AND RESOLUTIONS EVANS, Ms. KAPTUR, Mr. SPRATT, Mr. sight. H.R. 3529. A bill to amend the Internal Rev- Under clause 2 of rule XIII, reports of TORRES, Mr. TOWNS, Mr. WISE, Mr. KANJORSKI, Mr. THORNTON, Mr. enue Code of 1986 to allow an individual who committees were delivered to the Clerk COSTELLO, Ms. SLAUGHTER, Mrs. is entitled to receive child support a refund- for printing and reference to the proper LOWEY, Mr. SERRANO, Mr. OLVER, Mr. able credit equal to the amount of unpaid calendar, as follows: FILNER, Mr. GUTIERREZ, Ms. HARMAN, child support and to increase the tax liabil- Mrs. VUCANOVICH: Committee on Appro- Mr. HASTINGS of Florida, Mr. HOLDEN, ity of the individual required to pay such priations. H.R. 3517. A bill making appropria- Mrs. MEEK of Florida, Mr. SCOTT, Mr. support by the amount of the unpaid child tions for military construction, family hous- STUPAK, Mrs. THURMAN, Ms. support; to the Committee on Ways and ing, and base realignment and closure for the VELAZQUEZ, Mr. WYNN, Mr. BALDACCI, Means. H.R. 3530. A bill to amend the Internal Rev- Department of Defense for fiscal year ending Ms. LOFGREN, Mr. FALEOMAVAEGA, enue Code of 1986 to provide a deduction for September 30, 1997, and for other purposes and Mr. SANDERS): legal expenses of individuals who bring sex- (Rept. 104–591). Referred to the Committee on H.R. 3520. A bill to provide for retirement ual harassment suits against their employ- the Whole House on the State of the Union. savings and security; to the Committee on Mr. GOODLING: Committee on Economic Ways and Means, and in addition to the Com- ers; to the Committee on Ways and Means. and Educational Opportunities. H.R. 2531. A mittees on Economic and Educational Op- By Mr. MOORHEAD: H.R. 3531. A bill to amend title 15, United bill to amend the Fair Labor Standards Act portunities, Government Reform and Over- States Code, to promote investment and pre- sight, and Transportation and Infrastruc- of 1938 to clarify the exemption for vent intellectual property piracy with re- houseparents from the minimum wage and ture, for a period to be subsequently deter- spect to databases; to the Committee on the maximum hour requirements of that Act, mined by the Speaker, in each case for con- Judiciary. and for other purposes; with an amendment sideration of such provisions as fall within By Mr. MORAN (for himself, Mr. (Rept. 104–592). Referred to the Committee of the jurisdiction of the committee concerned. HOYER, Mr. WYNN, Mr. HOLDEN, and the Whole House on the State of the Union. By Ms. BROWN of Florida: Ms. NORTON) (all by request): Mr. WALKER. Committee on Science. H.R. H.R. 3521. A bill to amend title 10, United H.R. 3532. A bill to provide a temporary au- 3060. A bill to implement the Protocol and States Code, to repeal the requirement that thority for the use of voluntary separation Environmental Protection to the Antarctic amounts paid to a member of the Armed incentives by Federal agencies that are re- Treaty (Rept. 104–593, Pt. 1). Referred to the Forces under the Special Separation Benefits ducing employment levels, and for other pur- Committee of the Whole House on the State Program of the Department of Defense, or poses; to the Committee on Government Re- of the Union. under the Voluntary Separation Incentive form and Oversight. Mr. LIVINGSTON: Committee on Appro- Program of that Department, to offset from By Mr. NADLER: priations. Report on the Subdivision of amounts subsequently paid to that member H.R. 3533. A bill to amend the Bank Protec- Budget Totals for Fiscal Year 1997 (Rept. 104– by the Department of Veterans Affairs as tion Act of 1968 to require enhanced security 594). Referred to the Committee of the Whole disability compensation; to the Committee measures sufficient to provide surveillance House on the State of the Union. on National Security. pictures which can be used effectively as evi- DISCHARGE OF COMMITTEE By Mrs. COLLINS: dence in criminal prosecutions, to amend Pursuant to clause 5 of rule X the H.R. 3522. A bill to amend title 23, United title 28, United States Code, to require the Committees on International Relations States Code, to ensure consideration of and Federal Bureau of Investigation to make planning for reuse or disposal of construc- technical recommendations with regard to and Resources discharged from further tion and demolition debris resulting from such security measures, and for other pur- consideration. H.R. 3060 referred to the highway projects, and for other purposes; to poses; to the Committee on Banking and Fi- Committee of the Whole House on the the Committee on Transportation and Infra- nancial Services, and in addition to the Com- state of the Union. structure. mittee on the Judiciary, for a period to be H5570 CONGRESSIONAL RECORD — HOUSE May 23, 1996

subsequently determined by the Speaker, in H.R. 559: Mr. COYNE. H.R. 3142: Mr. STUPAK and Mr. MASCARA. each case for consideration of such provi- H.R. 580: Mr. STUPAK. H.R. 3182: Mr. HASTERT and Mr. sions as fall within the jurisdiction of the H.R. 820: Mr. BATEMAN, Mr. YATES, Mr. LATOURETTE. committee concerned. SCOTT, Mr. DEUTSCH, and Mr. LIPINSKI. H.R. 3187: Mr. SANDERS, Mr. ROSE, Mr. By Mr. RADANOVICH (for himself, Mr. H.R. 878: Mrs. CLAYTON, Mr. TAYLOR of SPRATT, Mr. FRAZER, Mr. FROST, and Mr. COOLEY, Mr. CALVERT, Mrs. North Carolina, Mr. LAHOOD, Mr. HINCHEY. SEASTRAND, Mr. FARR, Mr. DOOLEY, CHRISTENSEN, Mr. SCHIFF, Mr. POSHARD, and H.R. 3226: Mr. JACOBS, Mr. NOORWOOD, Mr. and Mr. CONDIT): Mr. COSTELLO. BURTON of Indiana, Mr. FROST, Ms. WOOLSEY, H.R. 3534. A bill to authorize the Secretary H.R. 940: Mr. SKAGGS. Mr. GREEN of Texas, Mr. EVANS, Mr. HOYER, of the Interior to renew certain permits in H.R. 973: Mr. MCDERMOTT. Mrs. SCHROEDER, Ms. MCKINNEY, Mrs. MINK the Mineral King Addition of the Sequoia H.R. 997: Mr. VENTO. of Hawaii, Mr. TORRES, and Mr. LEWIS of National Park and to protect historic and H.R. 1042: Mr. NORWOOD. Georgia. cultural resources in that National Park, H.R. 1352: Mr. METCALF, Mr. NETHERCUTT, H.R. 3294: Mr. CLEMENT. and for other purposes; to the Committee on and Mr. BRYANT of Tennessee. H.R. 3337: Mr. KLECZKA. Resources. H.R. 1386: Mr. COMBEST. H.R. 3346: Mr. LEWIS of Georgia and Mr. By Mr. WYNN: H.R. 1500: Mr. WATT of North Carolina. GOSS. H.R. 3535. A bill to redesignate a Federal H.R. 1711: Mr. DEAL of Georgia, Mrs. H.R. 3386: Mr. DUNCAN and Mr. MANTON. building in Suitland, MD, as the ‘‘W. Ed- VUCANOVICH, and Mr. HORN. H.R. 3391: Mr. GRAHAM and Mr. TAUZIN. wards Deming Federal Building’’; to the H.R. 1805: Mr. LAHOOD, Mr. CHRISTENSEN, H.R. 3392: Mr. VENTO, Ms. SLAUGHTER, and Committee on Transportation and Infra- and Mr. SMITH of New Jersey. Ms. NORTON. structure. H.R. 1882: Mrs. MALONEY. H.R. 3447: Mr. HAYES, Mr. FUNDERBURK, Mr. By Mr. BARRETT of Nebraska (for H.R. 1916: Ms. GREENE of Utah. MCINTOSH, Mr. NEUMANN, Mr. METCALF, Mr. himself, Mr. EMERSON, and Mr. H.R. 1951: Mr. DEAL of Georgia. WELDON of Florida, and Mr. HORN. LUCAS): H.R. 2009: Mr. MOAKLEY, Mr. MEEHAN, and H.R. 3452: Mrs. FOWLER and Mr. BLILEY. H. Con. Res. 181. Concurrent resolution ex- Mr. MARKEY. H.R. 3458: Mr. WELLER and Mr. DEAL of pressing the sense of Congress that the Sec- H.R. 2026: Mr. ORTON, Mr. GUTIERREZ, Ms. Georgia. retary of Agriculture should dispose of all re- WATERS, Mr. MATSUI, Mr. ROEMER, Mr. H.R. 3466: Mr. KENNEDY of Massachusetts, maining commodities in the disaster reserve FATTAH, Ms. JACKSON-LEE, Mr. OWENS, Ms. Mr. LEWIS of Georgia, and Mr. WATT of North maintained under the Agricultural Act of KAPTUR, Mr. WILLIAMS, Mr. FORD, Mr. CLEM- Carolina. 1970 to relieve the distress of livestock pro- ENT, Ms. MCCARTHY, Mr. PETERSON of Flor- H.R. 3468: Mr. SCHAEFER, Mr. INGLIS of ducers whose ability to maintain livestock is ida, Mr. DOOLEY, Mrs. CLAYTON, Mr. HEFNER, South Carolina, and Mr. BRYANT of Ten- adversely affected by the prolonged drought Mr. KLECZKA, Mr. ABERCROMBIE, Mr. MAR- nessee. conditions existing in certain areas of the KEY, Mr. SKAGGS, Ms. LOFGREN, Mr. GRAHAM, H.R. 3480: Mr. HAYES, Mr. BARRETT of Ne- United States; to the Committee on Agri- Mr. HOUGHTON, Mr. SENSENBRENNER, Mr. braska, and Mr. BEREUTER. culture. HAYWORTH, Mr. KLUG, Mr. HALL of Texas, Mr. H.R. 3493: Mr. WELLER. By Mr. KLINK (for himself, Mr. BATE- DICKEY, and Mr. HOSTETTLER. H.R. 3495: Mr. WELLER. MAN, Mr. BILIRAKIS, Mr. BLUTE, Mr. H.R. 2214: Mr. ACKERMAN. H.R. 3506: Mr. DEAL of Georgia and Mr. COYNE, Mr. DORNAN, Mr. DOYLE, Mr. H.R. 2230: Mr. CUNNINGHAM, Mr. MCHUGH, SCHAEFER. ENGEL, Mr. FUNDERBURK, Mr. GREEN Mr. WHITFIELD, Mr. DOOLITTLE, Mr. STUMP, H. Con. Res 47: Mr. TAYLOR of North Caro- of Texas, Mr. HORN, Mrs. MALONEY, and Mr. TAUZIN. lina and Mr. LAZIO of New York. Mr. MATSUI, Mr. MEEHAN, Mr. H.R. 2247: Mr. BLUTE, Mr. BUNN of Oregon, H. Con. Res. 155: Mr. DELLUMS. MENENDEZ, and Mr. PALLONE): Mr. MCCOLLUM, Mr. MORAN, and Mr. SMITH of H. Res. 263: Mr. SKEEN, Ms. LOFGREN, Ms. H. Res. 441. Resolution calling upon, and New Jersey. MCCARTHY, and Mr. LUTHER. ETE EREN requesting that the President call upon, all H.R. 2270: Mr. P G of Texas and H. Res. 399: Mr. WATT of North Carolina ORN Americans to recognize and appreciate the Mr. H . and Mr. LAFALCE. H.R. 2271: Mr. SCHUMER. historical significance and the heroic human H. Res. 432: Ms. WOOLSEY, Mr. BARRETT of H.R. 2320: Mr. HORN, Mr. KING, and Mr. endeavor and sacrifice of the people of Crete Wisconsin, Mr. MORAN, Mr. BALDACCI, Mr. STUPAK. during World War II, and commending the MINGE, and Mr. MASCARA. H.R. 2421: Mr. GILMAN, Mr. KENNEDY of PanCretan Association of America; to the H. Res. 439: Mr. PORTMAN, Mr. HORN, Mr. Massachusetts, and Mrs. MALONEY. Committee on International Relations. KLUG, and Mr. SANDERS. H.R. 2472: Ms. HARMAN, Mr. KENNEDY of f Massachusetts, and Mr. BALDACCI. f H.R. 2508: Mr. DEAL of Georgia and Mr. MEMORIALS PALLONE. DELETIONS OF SPONSORS FROM Under clause 4 of rule XXII, memori- H.R. 2513: Mr. WELLER. PUBLIC BILLS AND RESOLUTIONS H.R. 2665: Mr. BALDACCI. als were presented and referred as fol- Under clause 4 of rule XXII, sponsors lows: H.R. 2697: Mr. OBERSTAR, Mr. MILLER of California, Ms. RIVERS, Mr. PAYNE of Vir- were deleted from public bills and reso- 219. The SPEAKER presented a memorial ginia, Mr. HASTINGS of Washington, Mr. lutions as follows: of the Senate of the State of Tennessee, rel- LEACH, and Mr. GOODLING. H.R. 2740: Mr. DUNCAN. ative to Federal funding for the Center for H.R. 2701: Mr. WAMP. H.R. 3024: Ms. McKinney. Applied Science and Technology for Law En- H.R. 2749: Mr. NORWOOD and Mr. SHUSTER. forcement [CASTLE]; to the Committee on H.R. 2776: Mr. PICKETT. f the Judiciary. H.R. 2827: Mr. BROWN of Ohio. f H.R. 2911: Mr. MANZULLO. DISCHARGE PETITIONS— H.R. 2986: Mr. FRANK of Massachusetts. ADDITIONS OR DELETIONS ADDITIONAL SPONSORS RANK H.R. 3002: Mr. F of Massachusetts and The following Members added their Mr. BACHUS. Under clause 4 of rule XXII, sponsors names to the following discharge peti- H.R. 3052: Mr. COYNE, Mr. ACKERMAN, and were added to public bills and resolu- Mr. PALLONE. tions: tions as follows: H.R. 3083: Mr. TAUZIN. Petition 12 by Mrs. SMITH of Washington H.R. 294: Mr. HOLDEN. H.R. 3118: Ms. KAPTUR. Mr. FAZIO of Cali- on House Resolution 373: Jack Quinn and Mi- H.R. 295: Ms. KAPTUR. fornia, and Mr. RAHALL. chael P. Forbes. 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, THURSDAY, MAY 23, 1996 No. 74 Senate

The Senate met at 12 noon, and was to us: to listen, to learn, to reflect, to facilitate the disposition of amend- called to order by the President pro pray, to legislate, to obey. ments as quickly as possible. The first tempore [Mr. THURMOND]. When we are tempted to pride in vote in both series will be 15 minutes in The PRESIDENT pro tempore. To- what we have done—when we see a bill length, but all remaining votes will be day’s prayer will be offered by our passed, a program begun or ended, an limited to 10 minutes each. The Senate guest Chaplain, Dr. Mark Dever of the initiative completed—and we feel will complete action on the budget res- Capitol Hill Baptist Church, Washing- something of the power of our office, olution during today’s session—hope- ton, DC. remind us of our complete and utter fully, by late afternoon. We are pleased to have you with us. dependence on You. I think we have already considered For Your glory, O Lord, restore this some 34 amendments. We still have, I PRAYER land. We know that we are not here fi- guess, 10 or 12 votes that are likely and The guest Chaplain, Dr. Mark Dever, nally to fulfill our own desires, or even probably about 4 hours would be re- Capitol Hill Baptist Church, Washing- the desires of our constituents. We quired to complete that. ton, DC, offered the following prayer: know that we are put here to serve So, if the Members would stay close Let us pray: Lord God, as we begin You. So, we pray that You would use to the floor and we work hard, I know the official business of the day in this us—use the business done in this place the managers would appreciate it, and place, we praise You for Your sustain- today, use our Government, use our we can get this work done before late ing presence. We remember facing situ- Nation to display Your character, Your this afternoon. ations that we were certain we could glory throughout all Your creation. We Mr. President, I yield the floor. ask through Jesus Christ, our Lord. Mr. EXON addressed the Chair. not face, or having to face them, could The PRESIDING OFFICER (Mr. not survive. Yet, by Your providence, Amen. SHELBY). The Senator from Nebraska. we did. And so we begin this new day f Mr. EXON. While the acting majority by praising You for Your sustaining leader is here, I would like to clarify a presence, even in apparently hopeless RECOGNITION OF THE ACTING MAJORITY LEADER point or two, if I might. situations. First, I think most of us agree that We praise You, too, for Your sov- The PRESIDENT pro tempore. The there has been no one who is more co- ereign reminder of Yourself, even able acting majority leader, Senator operative in moving this thing forward through pain and disaster. We confess, LOTT of Mississippi, is recognized. than the ranking member of the Budg- Lord, that for all of our words about Mr. LOTT. Thank you very much, et Committee. problems in our society we are too Mr. President. When I left the floor last night before often quietly and wrongly proud of the f we adjourned, there had been a firm an- prosperity of this Nation, feeling that nouncement that—I thought it was a SCHEDULE we ourselves are sufficient expla- firm announcement—that we would nations for all the good we see and Mr. LOTT. Mr. President, the Senate come in at 10 o’clock this morning, know. So, Lord God, we praise You and will immediately resume consideration which fit in very well with this Sen- thank You that You use the bounds of of Senate Concurrent Resolution 57, ator’s schedule, and I think the sched- our abilities and troubles to remind us the concurrent budget resolution, and ule of the Senate as a whole. I did not of the limits of our power. Do not leave will begin a series of consecutive roll- know until after the Senate had ad- us, Lord, in false beliefs about our- call votes on or in relation to the pend- journed, nor was I contacted, about selves, and our roles here, or about ing amendments. moving the time from 10 o’clock, as You, and Your rightful claims on us. Under agreement reached last night, stated by the chairman of the commit- When we are frustrated by injustices the first series of votes will continue tee to the whole Senate half an hour we cannot address, remind us, Lord, of until 1 p.m. today. There will be no before that. the brevity of this life. And remind us votes, as agreed to, between the hours I would simply say that I wish we of Your coming judgment: of its re- of 1 and 2. However, the Senate will would follow the customary procedure. ality, its certainty, its inevitability, proceed with another series of legisla- I think it is normal to check with the its finality. tive votes beginning at 2 o’clock today. ranking member before you change When we are tempted to be selfish or Senators are asked to remain in or times after it has been agreed to. indifferent to our work, remind us of around the Senate Chamber through- Following up on that, I must say that the responsibility You have entrusted out these voting sequences in order to I understood that we could not work

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

S5507 S5508 CONGRESSIONAL RECORD — SENATE May 23, 1996 Tuesday night and we could not work Mr. EXON. Let us seek the miracle. Exon (for Roth) amendment No. 4025, to ex- Wednesday night, as we had planned to Mr. DORGAN. Mr. President, if the press the sense of the Senate regarding the do, because of functions. Now we have Senator will yield just for the briefest funding of Amtrak. Domenici amendment No. 4027 (to amend- lost, I think, 2 hours this morning that of questions, I do not want to delay ment No. 4012), to adjust the fiscal year 1997 we could have used constructively. things, I say to Senator DOMENICI, but non-defense discretionary allocation to the I would simply say that at 4 o’clock could the Senator indicate to us, if we Appropriation Committee by $5 billion in this afternoon, for the information of finish these blocks of votes on this budget authority and $4 billion in outlays to the whole Senate, there will be a me- issue, what is anticipated on the Sen- sustain 1996 post-OCRA policy. morial service for the late, great Cece ate schedule beyond this issue? Mr. DOMENICI addressed the Chair. Zorinsky, the wife of the late great Mr. LOTT. Beyond the budget resolu- The PRESIDING OFFICER. The Sen- Senator from Nebraska, Senator Ed- tion? ator from New Mexico. ward Zorinsky, in Senate Dirksen G–50, Mr. DORGAN. Yes. Mr. DOMENICI. Mr. President, I do generally called the Senate audito- Mr. LOTT. We are working on that. want to say to my friend, Senator rium. This Senator will make that af- We will be communicating with the EXON, and other Senators who might fair whether I have to miss votes and Democratic leadership. Senator DOLE have heard my comments yesterday abandon my responsibilities here. will be here later this afternoon. We about when we would meet today, it But I would just inquire at this time, are looking at several items that could was not in the form of a unanimous- following that memorial service, we be done. We hope we can get those consent request, but I did intend and have some time between 5 and 6, I be- worked out and do them in a way so say to the Senator that we would start lieve—and I want to attend that—the that they would not involve votes this at 10. Actually, by the time the unani- salute to Senator DOLE, which I think afternoon. But the leader will be back. mous consent was proposed by our act- has been arranged by the acting major- He will be here shortly, and he will ing majority leader, forces beyond the ity leader and the minority leader, TOM comment on that. Senator from New Mexico and Senator DASCHLE. I would just like to inquire. I I yield the floor, Mr. President. EXON went to work on it and it came see the chairman of committee is here, out 12 o’clock, so I am very sorry about f also. We have an awful lot of interrup- that. I had nothing to do with it, and I tions, and I do not want to add to RESERVATION OF LEADER TIME could not have prevented it, and I am them. The only interruption I am sug- not complaining. It is just that is the gesting is that one that I intend to The PRESIDING OFFICER. Under the previous order, leader time is re- way it worked out. carry out that I committed to a long, Mr. President, I understand, and I served. long time ago. think Senator EXON agrees, that the Mr. LOTT. Mr. President, if I could f next amendment we are going to take just respond briefly, the Senator has up would be the Bumpers amendment. enumerated some of the problems we CONCURRENT RESOLUTION ON THE BUDGET That is 4014 which would abolish the have been trying to deal with, and we firewalls. will try to accommodate as many Sen- The PRESIDING OFFICER. The Sen- Mr. EXON. I say to my friend, we will ators as we can. We have very, very le- ate will now resume consideration of get Senator BUMPERS here. It was our gitimate things to do. We had the me- Senate Concurrent Resolution 57, understanding—and maybe once again morial, as you know, for Admiral which the clerk will report. we missed communications—that the Boorda. We wanted to do that, and we The legislative clerk read as follows: Senator from New Mexico was going to certainly appreciate the Senator’s feel- A concurrent resolution (S. Con. Res. 57) have an amendment. ing about Cece Zorinsky. That is what setting forth the congressional budget for Mr. DOMENICI. We are going to set has been involved. We are just trying the U.S. Government for fiscal years 1997, aside for a while Specter-Harkin and to accommodate everybody’s schedule. 1998, 1999, 2000, 2001, and 2002. my second-degree amendment, with the I am finding out more and more. It gets The Senate resumed consideration of Senator’s concurrence. pretty complicated. the concurrent resolution. Mr. EXON. Yes. We are setting aside Your point is well taken. We will Pending: the amendment that we originally had continue to try to work with every- Harkin (for Specter) amendment No. 4012, informally intended to bring up. Is that body, particularly the managers of the to restore funding for education, training, right? bill. We had some complications, and and health programs to a Congressional Mr. DOMENICI. I assume so. I am not we did check with the leader. I realize Budget Office freeze level for fiscal year 1997 sure we had, but nonetheless we can go it was late last night, but, again, we through an across the board reduction in to anyone that is ready. If Senator Federal administrative costs. are just trying to help everybody. BUMPERS can get here—— Mr. EXON. You checked with the Bumpers amendment No. 4014, to eliminate the defense firewalls. Mr. EXON. In view of the fact that leader? Thompson amendment No. 3981, to express the schedule has been changed without Mr. LOTT. Yes, sir. I believe we did. the sense of the Senate on the funding levels anybody’s false intention, I suggest the Mr. EXON. I would simply say for the for the Presidential Election Campaign absence of a quorum. public that you checked with the Fund. Mr. DOMENICI. I agree. Democratic leader. Murkowski amendment No. 4015, to pro- The PRESIDING OFFICER. The Mr. LOTT. Yes. hibit sense of the Senate amendments from clerk will call the roll. Mr. EXON. The Democrat leader being offered to the budget resolution. The legislative clerk proceeded to would have properly talked to me. He Simpson (for Kerrey) amendment No. 4016, call the roll. did not. I will talk to him about that. to express the sense of the Senate on long Mr. DOMENICI. Mr. President, I ask Mr. LOTT. In his defense, we did it at term entitlement reforms. unanimous consent that the order for Chafee/Breaux amendment No. 4018, in the the last minute, and maybe there just the quorum call be rescinded. was not enough time or he could not nature of a substitute. Feingold amendment No. 3969, to eliminate The PRESIDING OFFICER. Without find out. I do not know. But, again, we the tax cut. objection, it is so ordered. are just trying to accommodate every- Domenici (for McCain) amendment No. AMENDMENT NO. 4012, AS MODIFIED body. 4022, to express the sense of the Senate re- Mr. DOMENICI. Mr. President, I ask You and the chairman have done a garding Spectrum auctions and their effect unanimous consent that I be permitted great job trying to move this. It has on the integrity of the budget process. to modify my second-degree amend- been slow, but there have been a lot of Domenici (for Faircloth) amendment No. ment in the form of technical changes interruptions that we just could not 4023, to express the sense of the Senate that any comprehensive legislation sent to the to be considered when the Senate con- avoid. We want to keep the heat on siders amendment 4012. today so that we can get through, President that balances the budget by a certain date and that includes welfare reform Mr. EXON. We have no objection. hopefully, by 4 o’clock. If we could get provisions shall also contain to the maxi- The PRESIDING OFFICER. Without started voting here right quick, maybe mum extent possible a strategy for reducing objection, it is so ordered. we could make it by 4 o’clock or 4:15 the rate of out-of-wedlock births and encour- Mr. DOMENICI. I send the modifica- p.m. I would like to help you do that. aging family formation. tion to the desk. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5509

The PRESIDING OFFICER. The On page 15, line 17, the amount is deemed THOMPSON proceed to the Thompson amendment is so modified. to be $21,500,000. amendment No. 3981. Mr. DOMENICI. I thank the Chair. On page 17, line 16, the amount is deemed The PRESIDING OFFICER. Without The amendment (No. 4012), as modi- to be $12,800,000,000. objection, it is so ordered. On page 17, line 17, the amount is deemed Mr. DOMENICI. I suggest the absence fied, is as follows: to be $11,000,000,000. On page 25, line 17, increase the amount by of a quorum. On page 19, line 16, the amount is deemed $1,700,000,000. The PRESIDING OFFICER. The to be $8,100,000,000. On page 25, line 18, increase the amount by On page 19, line 17, the amount is deemed clerk will call the roll. $800,000,000. to be $2,400,000,000. The legislative clerk proceeded to On page 27, line 16, increase the amount by On page 21, line 16, the amount is deemed call the roll. $300,000,000. to be $42,600,000,000. Mr. EXON. Mr. President, I ask unan- On page 27, line 17, increase the amount by On page 21, line 17, the amount is deemed imous consent that the order for the $600,000,000. On page 42, line 2, decrease the amount by to be $39,300,000,000. quorum call be rescinded. On page 23, line 15, the amount is deemed $3,500,000,000. The PRESIDING OFFICER. Without On page 42, line 3, decrease the amount by to be $9,900,000,000. objection, it is so ordered. $100,000,000. On page 23, line 16, the amount is deemed The Senator from Nebraska is recog- On page 52, line 14, increase the amount by to be $10,800,000,000. nized. $5,000,000,000. On page 29, line 10, the amount is deemed Mr. EXON. Mr. President, the Sen- On page 52, line 15, increase the amount by to be $193,200,000,000. ator from Nebraska will not interrupt On page 29, line 11, the amount is deemed $1,400,000,000. anyone offering an amendment, but I Notwithstanding any other provision of to be $191,500,000,000. On page 31, line 3, the amount is deemed to ask I may be allowed to continue for this resolution, on page 52, line 15, the about 3 minutes as in morning busi- amount is deemed to be $270,923,000,000. On be $232,400,000,000. On page 31, line 4, the amount is deemed to ness. page 4, line 8, the amount is deemed to be The PRESIDING OFFICER. Without $1,323,100,000,000. be $240,300,000,000. On page 4, line 9, the amount is deemed to On page 38, line 8, the amount is deemed to objection, it is so ordered. be $1,361,600,000,000. be $13,700,000,000. f On page 4, line 10, the amount is deemed to On page 39, line 25, the amount is deemed be $1,392,400,000,000. to be $282,800,000,000. THE INTERNET On page 4, line 11, the amount is deemed to On page 40, line 1, the amount is deemed to Mr. EXON. Mr. President, I was just be $1,433,600,000,000. be $282,800,000,000. reading parts of my mail that came in. On page 4, line 12, the amount is deemed to On page 40, line 7, the amount is deemed to I wanted to call the attention of the be $1,454,000,000,000. be $289,400,000,000. On page 40, line 8, the amount is deemed to Senate to a very interesting letter I On page 4, line 17, the amount is deemed to just received from Charlie Brogan, be $1,318,600,000,000. be $289,400,000,000. On page 4, line 18, the amount is deemed to On page 40, line 14, the amount is deemed president of the Nebraska Broadcasters be $1,353,500,000,000. to be $293,200,000,000. Association, from Lexington, NE. He On page 4, line 19, the amount is deemed to On page 40, line 15, the amount is deemed writes and says: be $1,382,400,000,000. to be $293,200,000,000. I thought about you this week when my On page 4, line 20, the amount is deemed to On page 40, line 21, the amount is deemed daughter brought home the enclosed set of be $1,415,600,000. to be $294,700,000,000. rules about Internet use. She’s a second On page 4, line 21, the amount is deemed to On page 40, line 22, the amount is deemed grader in Sandoz School in Lexington. Her be $1,433,100,000,000. to be $294,700,000,000. teacher, Dianne Yeutter, spent a consider- On page 5, line 1, the amount is deemed to On page 41, line 3, the amount is deemed to able amount of time with the children on the be $232,400,000,000. be $298,900,000,000. proper use of the Internet. On page 5, line 2, the amount is deemed to On page 41, line 4, the amount is deemed to Maybe all segments of the nation don’t ap- be $223,600,000,000. be $298,900,000,000. preciate the seriousness of the Internet por- On page 5, line 3, the amount is deemed to On page 41, line 10, the amount is deemed nography problem, but people like you and I be $206,300,000,000. to be $303,400,000,000. with children and grandchildren certainly On page 5, line 4, the amount is deemed to On page 41, line 11, the amount is deemed understand it very well. be $185,700,000,000. to be $303,400,000,000. I thought his daughter’s note was On page 5, line 5, the amount is deemed to On page 41, line 17, the amount is deemed very interesting. It is brief. be $143,500,000,000. to be $348,234,000,000. Internet is fun and helpful when you need On page 5, line 9, the amount is deemed to On page 41, line 18, the amount is deemed to research information for reports. How- be $5,449,000,000,000. to be $351,240,000,000. ever, we are concerned about certain things. On page 5, line 10, the amount is deemed to On page 41, line 19, the amount is deemed Don’t use the Internet unless you know what be $5,722,700,000,000. to be $348,465,000,000. you’re doing and where you’re going. We not On page 5, line 11, the amount is deemed to On page 41, line 20, the amount is deemed only have to ask Mrs. Yeutter permission to be $5,975,100,000,000. to be $349,951,000,000. use the Internet but she always asks where On page 5, line 12, the amount is deemed to On page 41, line 21, the amount is deemed we’re going. She is in the room when we use be $6,207,700,000,000. to be $351,311,000,000. the Internet. One or two clicks of the mouse On page 5, line 13, the amount is deemed to On page 41, line 22, the amount is deemed can be powerful. They can take you to places be $6,398,600,000,000. to be $352,765,000,000. where you shouldn’t go. For example, you On page 5, line 14, the amount is deemed to On page 42, line 8, the amount is deemed to can get into big trouble by buying stuff you be $6,550,500,000,000. be $200,000,000. don’t want. You can click into things that On page 6, line 13, the amount is deemed to On page 42, line 9, the amount is deemed to are inappropriate for kids and adults. Some- be $290,000,000,000. be $100,000,000. times the words we read are hard to pro- On page 6, line 14, the amount is deemed to On page 42, line 15, the amount is deemed nounce and understand. be $277,400,000,000. to be $400,000,000. On page 6, line 15, the amount is deemed to On page 42, line 16, the amount is deemed I thank that second-grader. I thought be $256,000,000,000. to be $300,000,000. the U.S. Senate might like to hear how On page 6, line 16, the amount is deemed to On page 42, line 22, the amount is deemed one second-grader feels about what we be $236,100,000,000. to be $800,000,000. have done thus far. On page 6, line 17, the amount is deemed to On page 42, line 23, the amount is deemed Mr. President, I ask unanimous con- be $193,3400,000,000. to be $800,000,000. sent these letters be printed in the On p;age 6, line 18, the amount is deemed On page 43, line 5, the amount is deemed to RECORD. to be $155,400,000,000. be $1,200,000,000. There being no objection, the letters On page 9, line 22, the amount is deemed to On page 43, line 6, the amount is deemed to were ordered to be printed in the be $14,900,000,000. be $1,100,000,000. RECORD, as follows: On page 11, line 22, the amount is deemed On page 43, line 12, the amount is deemed to be $16,700,000,000. to be $3,700,000,000. NEBRASKA BROADCASTERS ASSOCIATION, On page 11, line 23, the amount is deemed On page 43, line 13, the amount is deemed Omaha, NE, May 18, 1996. to be $16,800,000,000. to be $3,700,000,000. Hon. J.J. EXON, On page 13, line 17, the amount is deemed Hart Office Building, to be $3,700,000,000. Mr. DOMENICI. Mr. President, I ask Washington, DC. On page 13, line 18, the amount is deemed unanimous consent that the Senate im- DEAR SENATOR EXON: Thank you for at- to be $3,100,000,000. mediately upon the arrival of Senator tending our luncheon for Chris McLean last S5510 CONGRESSIONAL RECORD — SENATE May 23, 1996 week in Omaha. Your presence and remarks post-Watergate reform. It is a system The PRESIDING OFFICER. That will were the right touch to make it a really nice that has worked better than any of the be before the Chair announces the re- event for Chris. We have appreciated having rest of our campaign finance system, sult. him on the job. Mr. DOMENICI. If he does it before I thought about you this week when my which is of great concern to many peo- daughter brought home the enclosed set of ple. I do not think it is wise to single the Chair announces the result. rules about Internet use. She’s a second out the system and the part of it that The PRESIDING OFFICER. The grader at Sandoz School in Lexington. Her is working the best and do away with question is on agreeing to the amend- teacher, Dianne Yeutter, spent a consider- it. ment. able amount of time with the children on the It has been scandal free. It has made All in favor say aye. All those op- proper use of the Internet. for a more level playing field. Three posed, no. Maybe all segments of the nation don’t ap- out of the last four challengers to in- The ayes appear to have it. preciate the seriousness of the Internet por- cumbent Presidents have won. Mr. EXON. Mr. President, I call for nography problem, but people like you and I The next question is, what do we re- the yeas and nays. with children and grandchildren certainly place it with if, in fact, this is the de- What was the ruling of the Chair? understand it very well. Thank for all your The ayes have it? I withdraw my re- time and effort working on the problem. mise of the current system? Do we go Sincerely, back to pre-Watergate? quest. CHARLIE BROGAN, The PRESIDING OFFICER. The time Mr. DOMENICI. Mr. President, I President, N-B-A. of the Senator has expired. move to reconsider the vote. Mr. THOMPSON. I yield the floor. Mr. EXON. I move to lay that motion Internet is fun and helpful when we need to The PRESIDING OFFICER. The Sen- on the table. research information for reports. However, ator from Kentucky. The motion to lay on the table was we are concerned about certain things. Don’t Mr. MCCONNELL. Mr. President, how agreed to. use the Internet unless you know what much time do I have? The PRESIDING OFFICER. First of you’re doing and where you’re going. We not The PRESIDING OFFICER. The Sen- all, I have to announce the result. only have to ask Mrs. Yeutter permission to ator from Kentucky has 30 seconds. The ayes appear to have it. The ayes use the Internet but she always asks where Mr. MCCONNELL. I will take the we’re going. She is in the room when we use do have it. same 30 seconds Senator THOMPSON The amendment is agreed to. Internet. One or two clicks of the mouse can had. be powerful. They can take you places where The amendment (No. 3981) was agreed you shouldn’t go. For example, you can get Mr. DOMENICI. I yield time in oppo- to. into big trouble by buying stuff you don’t sition, and we will be generous with Mr. COVERDELL. Mr. President, I want. You can click into things that are in- the 30 seconds. move to reconsider the vote. appropriate for kids and adults. Sometimes The PRESIDING OFFICER. A long 30 Mr. DOMENICI. I apologize, Mr. the words we read are hard to pronounce and seconds. President, I thought you had already understand. Mr. MCCONNELL. Mr. President, this ruled. Mr. EXON. Mr. President, I suggest is a vote about whether you want to The PRESIDING OFFICER. Without the absence of a quorum. take roughly $300 million over a 4-year objection, the motion to lay on the f period out of financing political con- table is agreed to. ventions and political campaigns for The motion to lay on the table was CONCURRENT RESOLUTION ON President of the United States and agreed to. THE BUDGET apply it to the deficit. The beauty of The PRESIDING OFFICER. The Sen- The Senate continued with the con- this proposal of the Budget Committee ator from Arkansas. sideration of the concurrent resolution. is that it does not end the Presidential AMENDMENT NO. 4014 Mr. DOMENICI addressed the Chair. checkoff at all. I personally would like Mr. BUMPERS. Mr. President, the The PRESIDING OFFICER. The Sen- to end it. I think it is a terrible idea to yeas and nays have been ordered on ator from New Mexico. have taxpayer funding of elections. But this amendment already. Mr. DOMENICI. We do not need the the proposal of the Budget Committee This amendment, I say to my col- quorum call because Senator THOMP- does not do that. All it says is, when leagues, is one with which you are all SON is ready. you check off on your tax return every familiar. It is called the defense fire- Mr. THOMPSON addressed the Chair. April 15, you really pay for it. It is only walls. What it says is, no matter how Mr. EXON. I withhold my request. $3, and I am confident that those who many epidemics, floods, typhoons, The PRESIDING OFFICER. The Sen- believe that taxpayer funding of politi- earthquakes, no matter how much of ator withholds his request for a cal campaigns is a good idea will be anything you have in this country, you quorum call. more than happy to contribute $3 to may not take a dollar from the defense The Senator from Tennessee is seek- this fund. budget with less than 60 votes to put it Under the current system the partici- ing recognition? over in something that is of a much pation in the checkoff has gone from 29 AMENDMENT NO. 3981 more dire need. percent down to 13 percent, and that is Mr. THOMPSON. Mr. President, I In 1991, and 1992, we had defense fire- when it does not even cost the person call up amendment 3981. walls. We took them down in 1993 and checking off any money. This is just The PRESIDING OFFICER. The 1994. Nothing untoward happened. I am truth in advertising. If you check off, amendment is now before the Senate. just offended what this does. It says (The text of the amendment No. 3981 you pay for it. I close by saying it saves $300 mil- that no matter what happens that de- was printed in the RECORD of May 20, fense may not be touched. No matter 1996.) lion, adds that to deficit reduction, and allows people to really pay for the vol- how bloated the defense budget may be, The PRESIDING OFFICER. The Sen- it says you cannot take a penny out of ator from Tennessee. untary checkoff. I hope the Thompson amendment will defense for any other purpose, no mat- Mr. THOMPSON. Mr. President, this be defeated. ter what the emergency is. amendment reserves the Presidential Mr. DOMENICI. Does the Senator We are saying we do not trust the election campaign fund checkoff sys- want the yeas and nays on this? Sen- Senate; we do not trust the Senate tem as it is today. The budget resolu- ator THOMPSON will accept a voice with a 51-vote majority. If you want to tion instructions direct the Finance vote. take something out of defense, you Committee to terminate the current Mr. THOMPSON. I will accept a voice have to get 60 votes. checkoff system which funds the Presi- vote. The PRESIDING OFFICER. The time dential campaign fund. In its place, the Mr. MCCONNELL. Yes. of the Senator from Arkansas has ex- Finance Committee is directed to allow Mr. THOMPSON. With the provision pired. taxpayers to make a voluntary con- I could ask for a rollcall vote subse- Mr. DOMENICI addressed the Chair. tribution to the fund out of their tax quently. The PRESIDING OFFICER. The Sen- refund, should they have one. Mr. DOMENICI. I think you have the ator from New Mexico. This provision in the budget resolu- right to a rollcall vote in any event Mr. DOMENICI. Mr. President, since tion will effectively terminate this after a voice vote. the Senator says this offends him, I May 23, 1996 CONGRESSIONAL RECORD — SENATE S5511 might say, one man’s offense is another amendments to the budget resolution the ongoing episode of my statement man’s exhilaration. I think the fire- at 9 a.m. and for the next 81⁄2 hours, we yesterday about the dinner last night walls are the best thing we have ever cast 27 votes and voice-voted 7 other and my wife’s position. So you will all done for the defense of our country. I amendments. Out of the 34 amend- know, my wife arrives, she wanted to think we ought to vote the amendment ments considered, 28 amendments—83 be there very much and she brought a down. percent—were sense-of-the-Senate purse. In the purse was a bar of Dial Clearly, it is not as the Senator said. amendments. And 7 of the 27 rollcall soap. She suggested that maybe I The Senate votes on whether it wants votes—more than one out of four votes should wash my mouth out with Dial the defense budget. After you voted it, were unanimous 100–0. soap. I have done that. I hope I have you cannot take away from it when Mr. President, these amendments are set everything straight. I misstated my you have pressure for domestic spend- not binding; they do not shift a single wife’s position, but it was all in fun, ing. That is the issue. For typhoons dollar from one program to another. and she did the Dial soap for fun, too. and disasters, it is another issue. The They merely allow both Republicans Mr. President, I ask for the yeas and Budget Act clearly says you can break and Democrats to engage in strategies nays. the budget for those kinds of items. If of gamesmanship which deceive the The PRESIDING OFFICER. Is there a you have natural disasters, it does not American people about our legislative sufficient second? There is a sufficient mean you can take the money from the business. second. men and women in the military. Enough is enough. The yeas and nays were ordered. I move to table the amendment and My amendment simply states that it The PRESIDING OFFICER. The ask for the yeas and nays. shall not be in order for the Senate to question is on agreeing to the motion The PRESIDING OFFICER. Is there a consider sense-of-the-Senate resolu- to waive the Budget Act. The yeas and sufficient second? tions during debate on the budget reso- nays have been ordered. There is a sufficient second. lution. The clerk will call the roll. The yeas and nays were ordered. I think we have reached the point The assistant legislative clerk called The PRESIDING OFFICER. The where all of us would agree we have to the roll. question is on agreeing to the motion abandon these unending, and meaning- Mr. LOTT. I announce that the Sen- to lay on the table amendment No. less, sense-of-the-Senate resolutions or ator from Kansas [Mr. DOLE] and the 4014. The yeas and nays have been or- at least require Senators to state on Senator from Pennsylvania [Mr. dered. The clerk will call the roll. the floor and tell the American public SANTORUM] are necessarily absent. The legislative clerk called the roll. that these amendments have no bind- The yeas and nays resulted—yeas 57, Mr. LOTT. I announce that the Sen- ing effect. nays 41, as follows: ator from Kansas [Mr. DOLE] and the End this charade on the American Senator from Pennsylvania [Mr. [Rollcall Vote No. 148 Leg.] public and vote to eliminate these SANTORUM] are necessarily absent. YEAS—57 amendments on budget resolutions. The result was announced—yeas 57, Abraham Gramm McCain Mr. EXON. Mr. President, the Mur- nays 41, as follows: Ashcroft Grams McConnell kowski amendment would create a new Bennett Grassley Murkowski [Rollcall Vote No. 147 Leg.] point of order that would deprive the Bond Gregg Nickles YEAS—57 Burns Hatch Nunn minority of its right to amend with the Byrd Hatfield Pressler Abraham Frist Lugar sense-of-the-Senate language. Under Campbell Helms Reid Ashcroft Glenn Mack Chafee Hollings Robb Bennett Gorton McCain the amendment, the majority could re- Coats Hutchison Roth Bond Graham McConnell port out any sense-of-the-Senate lan- Cochran Inhofe Shelby Brown Gramm Murkowski guage it wanted, but no Senator could Cohen Jeffords Simpson Burns Grams Nickles Coverdell Johnston Smith Campbell Grassley Nunn offer a sense-of-the-Senate amendment Craig Kassebaum Snowe Chafee Gregg Pressler to change that language or add to it. D’Amato Kempthorne Specter Coats Hatch Robb Mr. President, I yield back the bal- DeWine Kyl Stevens Cochran Heflin Roth ance of my time. I raise a point of Faircloth Lieberman Thomas Cohen Helms Shelby Frist Lott Thompson Coverdell Hutchison Simpson order that the pending amendment is Glenn Lugar Thurmond Craig Inhofe Smith not germane and it violates section Gorton Mack Warner D’Amato Jeffords Snowe 305(b) of the Congressional Budget Act. DeWine Kassebaum Stevens Mr. DOMENICI. Mr. President, I NAYS—41 Domenici Kempthorne Thomas Faircloth Kyl Thompson move to waive section 305(b) of the Akaka Dorgan Leahy Feinstein Lieberman Thurmond Budget Act for the consideration of the Baucus Exon Levin Ford Lott Warner Biden Feingold Mikulski Murkowski amendment 4015. Bingaman Feinstein Moseley-Braun NAYS—41 Parliamentary inquiry. Do I get an Boxer Ford Moynihan Akaka Exon Mikulski opportunity to speak on my motion? Bradley Graham Murray Baucus Feingold Moseley-Braun The PRESIDING OFFICER. Thirty Breaux Harkin Pell Brown Heflin Pryor Biden Harkin Moynihan seconds. Bingaman Hatfield Murray Bryan Inouye Rockefeller Boxer Hollings Pell Mr. DOMENICI. Fellow Senators, I Bumpers Kennedy Sarbanes Bradley Inouye Pryor seldom move to violate the Budget Act, Conrad Kerrey Simon Breaux Johnston Reid but it does say if you can get 60 votes Daschle Kerry Wellstone Dodd Kohl Wyden Bryan Kennedy Rockefeller you can do it. I believe the time has Bumpers Kerrey Sarbanes Domenici Lautenberg come to send a signal that we ought Byrd Kerry Simon NOT VOTING—2 Conrad Kohl Specter not have 40, 50, 60 sense-of-the-Senate Daschle Lautenberg Wellstone resolutions on a Budget Act. That is Dole Santorum Dodd Leahy Wyden Mr. EXON. Mr. President, I ask for Dorgan Levin what this will do. This will say we are not going to have them in the future. the regular order. NOT VOTING—2 It treats everybody the same. We will Mr. President, I ask for the regular Dole Santorum just not have that kind of a spectacle order. The motion to lay on the table the on the floor. Mr. President, I ask for the regular amendment (No. 4014) was agreed to. Mr. EXON. I have 30 seconds. Mr. order. Mr. DOMENICI. Mr. President, I President, as I understand the proce- The PRESIDING OFFICER. We will move to reconsider the vote, and I dure, it would require 60 votes to do proceed. move to lay that motion on the table. what the Senator from New Mexico has Mr. EXON. Mr. President, I ask for The motion to lay on the table was just requested. the regular order. agreed to. The PRESIDING OFFICER. To waive The PRESIDING OFFICER. Are there AMENDMENT NO. 4015 the Budget Act requires 60 votes. any Senators still wishing to vote? Mr. MURKOWSKI. Mr. President, Mr. DOMENICI. Mr. President, I Mr. DOMENICI. Mr. President, I yesterday the Senate began voting on want to report to all Senators about change my vote from ‘‘aye’’ to ‘‘no.’’ S5512 CONGRESSIONAL RECORD — SENATE May 23, 1996 The PRESIDING OFFICER. On this money for defense, no money for any- Robb Simon Thomas vote, the ayes are 57, the nays are 41. thing other than transfer of payments. Santorum Simpson Thompson Three-fifths of the Senators duly cho- As I said, I do not expect a majority NOT VOTING—1 sen and sworn, not having voted in the to vote for a majority of these propos- Dole affirmative, the motion is rejected. als in here, but I urge my colleagues to The motion to lay on the table the Mr. EXON. Mr. President, I move to give very careful consideration to this amendment (No. 4016) was agreed to. reconsider the vote. amendment. Mr. EXON. Mr. President, I move to Mr. DOMENICI. Mr. President, I Mr. GRASSLEY addressed the Chair. reconsider the vote. enter a motion to reconsider the vote The PRESIDING OFFICER. The Sen- Mr. DOMENICI. I move to lay that by which the motion to waive the ator from Iowa. motion on the table. budget act for the consideration of the Mr. GRASSLEY. I oppose the Kerrey The motion to lay on the table was Murkowski amendment was defeated. amendment. I do this because it states agreed to. The PRESIDING OFFICER. The mo- the sense of the Senate that the budget The PRESIDING OFFICER. The tion is entered for future consider- resolution assumes a series of long- pending question is now amendment ation. However, the motion having term entitlement reforms, including No. 4018. failed to be approved at this time, the reducing the CPI by one-half a percent- Mr. EXON. Before we start charging Chair will rule on the motion—on the age point each year, which would cut time, could we have a little order here point of order. The rights of Senators Social Security spending by about $38 for the information of all the Senators? The PRESIDING OFFICER. Order in are reserved to move in the future to billion over the next 6 years, and it proceed to the motion to reconsider. the Senate. The Senator may proceed. would increase taxes by about $35 bil- Mr. EXON. Mr. President, I say to The Chair will rule at this time that lion over that period. the chairman of the committee, ac- the amendment is not germane. The The amendment also calls for in- cording to our scoresheet we have point of order is sustained. The amend- creasing the retirement age for civilian seven amendments left that have been ment falls at this time. and military retirees and Social Secu- preagreed to for consideration and f rity and Medicare beneficiaries, COLA votes. Then there are some others that limits for very high civilian and mili- RECESS are still outstanding that we still have tary pensions, and partial privatization on the list. Of the seven that are still Mr. DOMENICI. I ask unanimous of Social Security. outstanding, waiting for a vote, and consent that the Senate stand in recess On behalf of Senator DOMENICI, the since we are cramped for time—I know until 2 p.m. today. chairman of the Budget Committee, I there are three sense-of-the-Senate res- move to table the Kerrey amendment There being no objection, the Senate, olutions, one by Senator MCCAIN, one and ask for the yeas and nays. at 1:13 p.m. recessed until 2:01 p.m.; by Senator FAIRCLOTH, another one by whereupon, the Senate reassembled The PRESIDING OFFICER. Is there a Senator ROTH, all sense-of-the-Senate when called to order by the Presiding sufficient second? There appears to be. resolutions—and since all of those Sen- Officer [Mr. THOMAS]. The yeas and nays were ordered. ators voted against considering sense- Mr. EXON. Mr. President, I suggest The PRESIDING OFFICER. The of-the-Senate resolutions, I am wonder- the absence of a quorum. question is on agreeing to the motion ing if they would like to, in good faith, The PRESIDING OFFICER. The to table the amendment. The yeas and withdraw their sense-of-the-Senate res- clerk will call the roll. nays have been ordered. The clerk will olutions so that we can accomplish The legislative clerk proceeded to call the roll. what they would like to do in addition call the roll. The legislative clerk called the roll. to that. Mr. GRASSLEY. Mr. President, I ask Mr. LOTT. I announce that the Sen- Mr. MCCAIN. Since when is consist- unanimous consent that the order for ator from Kansas [Mr. DOLE] is nec- ency a requirement? the quorum call be rescinded. essarily absent. Mr. EXON. Senators who have a The PRESIDING OFFICER. Without The PRESIDING OFFICER. Are there sense of the Senate outstanding, they, objection, it is so ordered. any other Senators in the Chamber too, want an expedited procedure. I say f who desire to vote? this is a good time to do that. The result was announced—yeas 63, Mr. DOMENICI. We will make a trade CONCURRENT RESOLUTION ON nays 36, as follows: with the Senator. We will reconsider THE BUDGET [Rollcall Vote No. 149 Leg.] this if you help us and vote for the re- The Senate continued with the con- YEAS—63 consideration. In the future there will sideration of the concurrent resolution. Abraham Feingold Mack be no more—— AMENDMENT NO. 4016 Akaka Ford McCain Mr. FORD. No. Mr. EXON. In the future? I would The PRESIDING OFFICER. The Ashcroft Glenn McConnell Baucus Gorton Mikulski like to have done it now. pending question is the Simpson- Biden Graham Moseley-Braun Mr. DOMENICI. That is what it was. Kerrey amendment No. 4016. Bingaman Gramm Murkowski Mr. EXON. If we are going to con- Mr. KERREY. Mr. President, how Bond Grassley Murray Boxer Harkin Pressler sider sense-of-the-Senate resolutions, much time do I have to speak on this? Burns Hatch Reid there are seven amendments that we Mr. GRASSLEY. Thirty seconds. Byrd Heflin Rockefeller know about, and three of those are Mr. KERREY. Thirty seconds. Campbell Helms Roth Conrad Hutchison Sarbanes sense-of-the-Senate resolutions. The PRESIDING OFFICER. The Sen- Coverdell Inhofe Shelby AMENDMENT NO. 4018 ator from Nebraska. Take it all. Craig Inouye Smith Mr. DOMENICI. Mr. President, could Mr. KERREY. I do not expect to per- D’Amato Kempthorne Snowe we have order? This is an amendment suade a majority, Mr. President. This Daschle Kennedy Specter Dodd Kerry Stevens that has been worked on very hard by is an amendment that will have a tre- Domenici Kyl Thurmond a lot of people. They deserve to be mendous impact on the future budget Dorgan Lautenberg Warner heard. outlays and appropriations of this Con- Exon Leahy Wellstone Faircloth Levin Wyden The PRESIDING OFFICER. Could we gress. As everybody that has examined have order so we can move forward? the facts knows, unless we make NAYS—36 This is the amendment, the Chafee- changes in these long-term entitlement Bennett DeWine Kerrey Breaux amendment, and with 5 min- programs, we are simply never either Bradley Feinstein Kohl Breaux Frist Lieberman utes of debate equally divided. going to get into balance in 7 years, Brown Grams Lott Mr. DOMENICI. A 10-minute vote. nor are we going to be able to sustain Bryan Gregg Lugar The PRESIDING OFFICER. Ten- it out in the future. We are converting Bumpers Hatfield Moynihan minute vote. our Government into an ATM machine. Chafee Hollings Nickles Mr. CHAFEE. I ask that everybody Coats Jeffords Nunn The longer we wait, the sooner the day Cochran Johnston Pell please give their attention to the pro- is going to arrive when there is no Cohen Kassebaum Pryor posal we are making. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5513 The PRESIDING OFFICER. Could will we have the political courage to do Mr. DOMENICI addressed the Chair. Senators move out of the well, please? the right thing? I think that together The PRESIDING OFFICER. The Sen- Mr. CHAFEE. Mr. President, every we can do it. ator from New Mexico. Member of this Chamber believes that Mr. President, on Monday evening, Mr. DOMENICI. Mr. President, I running up huge deficits year after the senior Senator from Illinois asked want everyone to know that the Sen- year and passing the debt on to our about the effect of the Chafee-Breaux ator from New Mexico thinks those bi- children is just plain wrong. Every amendment on student loans. I ask partisan Senators that put this pack- Member of this Chamber knows we unanimous consent to have printed in age together deserve our highest acco- must restrain the entitlement pro- the RECORD prior to the vote on the lades, and obviously, in the scheme of grams. amendment a letter from June O’Neill, things they performed a very, very im- The proposal I am offering on behalf the Director of the Congressional portant role in providing an alter- of myself, Senator BREAUX, and 19 of Budget Office which addresses that native in a way that may some day be- our colleagues, Republicans and Demo- subject, as well as a table comparing come the budget of the United States. crats, balances the budget in 7 years. It the saving levels in the Chafee-Breaux But for any member of that coalition makes significant reforms to entitle- resolution to the other plans. to stand up and say since this is bipar- ment programs. It extends the solvency There being no objection, the letter tisan, it is going to become law, let me of the Medicare trust fund and provides was ordered to be printed in the suggest, sitting over in the White modest tax relief for working families. RECORD, as follows: House is the President of the United These are all sound reasons for sup- U.S. SENATE, States. The President of the United CONGRESSIONAL BUDGET OFFICE, porting it. But there is an additional States has had this presented to him. strong reason I wish to call to your at- Washington, DC, May 21, 1996. Hon. JOHN H. CHAFEE, He is not in favor of it for the very sim- tention. The President’s budget was re- U.S. Senate, ple reason that it cuts Social Security. jected on nearly a straight party-line Washington, DC. It does it in a different way by adjust- vote. The Republican proposal will pass DEAR SENATOR: At your request, we have ing the CPI, and it may be something on a straight party-line vote, I expect. reviewed Amendment No. 4018 to S. Con. Res. that eventually some commission But the implementing legislation to 57, the 1997 budget resolution. That amendment, introduced by yourself and others, in- might say we ought to do that. the Domenici proposal, the implement- But, quite frankly, I urge this ing legislation will undoubtedly be ve- cludes reconciliation instructions to the Committee on Labor and Human Resources, amendment be defeated unless those toed. Thus, its entitlement reforms but does not identify any specific pro- Senators who vote for it truly want to will not become law, just like last grammatic changes that the committee take on the President of the United year. Our budget, however, has a realis- would be required to make to the student States on the Social Security issue 5 tic chance of becoming law. Today with loan program or to any other program with- months before an election. I think it is in its jurisdiction. a ‘‘yes’’ vote on the alternative, we can doomed. Because I think it is doomed, transform talk about deficit reduction Sincerely, JUNE E. O’NEILL. it seems to me we ought to adopt the into action. underlying bill and not this one. I yield If we pass the Chafee-Breaux alter- Amendment No. 4018—a substitute proposed by: Mr. CHAFEE, (for himself, Mr. the floor. native, a balanced budget agreement BREAUX, Mr. BENNETT, Mr. BROWN, Mr. Mr. BURNS. Mr. President, I stand can be reached this year. If this effort BRYAN, Mr. COHEN, Mr. CONRAD, Mrs. FEIN- today to support many of the goals of fails, then we will go through another STEIN, Mr. GRAHAM, Mr. GORTON, Mr. JEF- the Chafee-Breaux amendment to the year without solving our Nation’s fis- FORDS, Mr. JOHNSTON, Mrs. KASSEBAUM, Mr. Budget Act of 1997, but to voice con- cal problems. KERREY, Mr. KOHL, Mr. LIEBERMAN, Mr. Mr. BREAUX addressed the Chair. NUNN, Mr. ROBB, Mr. SIMPSON, Mr. SPECTER, cern regarding how to pay for those The PRESIDING OFFICER. The Sen- and Ms. SNOWE). goals. On the top of the list of essential tax ator from Louisiana. Chafee/ Mr. BREAUX. Mr. President, my col- President GOP (6- reforms that this amendment addresses Breaux (6-year year sav- leagues, Herb Stein, the economist and (7-year is a reduction in the capital gains tax. savings) savings) ings) sometimes humorist, once said, ‘‘If This tax is fundamentally unfair be- your horse dies, we suggest you dis- Discretionary ...... ¥268 ¥229 ¥296 cause it is not linked to inflation and Medicare ...... ¥154 ¥116 ¥167 taxes people on phantom income. No mount.’’ Mr. President, both parties Medicaid ...... ¥62 ¥54 ¥72 today are trying to ride a dead horse. Welfare/EITC ...... ¥58 ¥43 ¥70 other nation in the world has a tax on CPI ...... ¥126 0 0 We have both been there and done that Net tax cuts ...... 105 8 122 capital gains and at least a reduction before. It did not work then. It is not in this tax is in order. Because a clear Total savings ...... ¥679 ¥523 ¥565 going to work now. majority of Americans own their own If only Democrats vote for the Demo- The PRESIDING OFFICER. Is there homes this tax relief lifts a huge bur- cratic budget, it will not pass. If only anyone who wishes to speak in opposi- den off the backs of the middle class. It Republicans vote for the Republican tion? also allows businesses to buy and sell plan, it will pass, but it is not going to Mr. DOMENICI. I yield Senator EXON property and equipment based on their become law. There is another way. Our half the time. need and not on the Tax Code. It frees centrist coalition of over 20 Senators, Mr. EXON. Mr. President, I join the money trapped in deteriorating assets half Democrat and half Republicans, chairman of the committee in what I to be used to invest in new and im- have, in fact, offered a better way. The think will be a salute to our colleagues proved equipment and expand the econ- American people are watching us today from Rhode Island and Louisiana for omy. This in turn benefits all Ameri- and hoping that just once we can come their effort. But I must oppose the cans. together, meet in the middle, and get it amendment. The Chafee-Breaux budget Another essential tax reform is done. could cut COLA’s, costing a typical So- eliminating the estate and inheritance Let me be very honest and acknowl- cial Security beneficiary $1,200 over 7 tax. These taxes are very destructive edge that our one-half of 1 percent ad- years. Such changes should be done, in to the family. It forces family busi- justment to the Consumer Price Index my opinion, if at all, only in the con- nesses to be sold and increases the pain is politically difficult for everyone. But text of a comprehensive Social Secu- already felt by the loss of a loved one. let us all be honest with ourselves and rity reform package. These COLA cuts The ability for each generation to pass to the American people and acknowl- would also hit EITC, SSI, and retired on it’s family heritage should not be edge that it is the right thing to do. and disabled veterans. blocked by the Federal Government’s If we do nothing, by the year 2012, The amendment goes after Medicare grab for money. These taxes must be projected outlays for entitlements will beneficiaries as well unnecessarily. Fi- eliminated. consume 100 percent of all the tax reve- nally, the Chafee-Breaux budget cuts Middle class tax relief was promised nues we collect leaving nothing for any taxes far more than the President and by the President in 1992 and by the of the other functions of Government. far more than I think is prudent. For Congress in 1994. The President vetoed It is, therefore, very clear which path these reasons I urge Senators to oppose it repeatedly last year, but it is just as we must take. The only question is, it. important now as it was then. It is S5514 CONGRESSIONAL RECORD — SENATE May 23, 1996 time to cut taxes for families with than I would like. But the proposals in programs run more efficiently. I can children. In the last 30 years it has be- this plan are workable. It calls for real- see why people in this country want to come increasingly more expensive to istic savings. Savings that can be impose work requirements on those raise children. The typical child costs achieved without risking the safety getting public assistance. I just do not upwards of a quarter of a million dol- and security of our friends and fami- understand why children have to suffer lars to raise and send to college. A $250 lies—without stripping away the safety because their parents are poor. per child family tax credit would go a net that catches our most needy. The Breaux-Chafee proposal cuts food long way to relieving some of the Mr. President, let me just say, last stamps, SSI eligibility, and many other stress of raising children in the typical year I was opposed to cutting back things that will make our children’s American family. Since the average Medicaid because it provides health lives harder, day to day. I do not think family pays 38.2 percent of its income care for our poorest children and it en- this is wise. But in the interest of get- toward taxes, surely we can agree to sures quality nursing home standards ting a budget agreement, and in the give some of it back to those that need for our parents. But, after talking to spirit of shared sacrifice, some of these it the most. health care experts in Washington proposals are reasonable. All of these reforms are needed and State, I concluded my home State But, block-granting and capping wel- necessary and I support them without could still serve our most vulnerable fare payments to States is not reason- reservation. However, I am concerned populations as long as we do not have able. When the economy in Wisconsin about the way the Breaux-Chafee drastic cuts to Medicaid. I am willing or Washington turns sour, we will see amendment pays for these reforms. By to concede that point, and I know now how fast the States want help from the tinkering with Federal employees re- that if we all give a little, we can reach Federal Treasury. Removing the guar- tirement plans, we are in essense compromise. antee to a basic hand-up in need—this breaking our word to them. I believe The key to any balanced budget pro- is not reasonable, and Congress should that the Government should keep its posal is making sure the numbers fit not be doing it in this budget or any commitment to these hard-working the policy decisions. In other words, we other. folks and not change the rules this late cannot just arbitrarily slash important On Medicaid, the Breaux-Chafee plan in the game. For this reason, I will cast programs simply to balance the budget. will change early health treatment for my vote in opposition to the Breaux- We need to make sure we can reform kids under EPSDT, which will hinder Chafee amendment. the programs in a way that saves our long-term preventative health ef- Mrs. MURRAY. Mr. President, I com- money while still serving the public. forts for children. We will be less likely mend Senators CHAFEE and BREAUX for The Chafee-Breaux plan will accom- to stop easy ailments before they be- the work they did in putting together a plish that goal—it proposes realistic come serious and costly illnesses. We true budget compromise. These two numbers that can be achieved. know this is going in. The trick will be distinguished Senators successfully co- Given this, let me say that I will to find a way to make sure that does ordinated a group of 11 Democrats and work to make sure the Chafee-Breaux not happen. 11 Republicans in a good-faith effort to plan is balanced and reflects America’s There are many other concerns I balance our Nation’s budget in a fair priorities. While I support the overall have with this section of the budget. and responsible way. And, their work effort to put aside partisan differences The overall funding level looks reason- should not go unnoticed. and find common ground, there are able, but we need to watch Medicaid for As the people of this country know very important matters we cannot af- its impact on children. all too well, Congress has been wran- ford to overlook. I am also deeply concerned about the gling with the budget issue for more I just want to remind my colleagues proposals included in this budget that than a year. The debate has been bitter and our State legislators who seem to would target our federal and postal em- and, at times, downright rancorous. be clamoring for more State control of ployees. These people who serve our But, if we step back and look beyond Medicaid and Welfare, that our chil- country have already been hit hard all the huffing and puffing, we find that dren’s needs do not change with shift- through Government shutdowns and Congress and the President have ing political winds. delayed COLA’s. This budget also ad- learned we can balance the budget. It is We need a balanced budget. Saying justs contributions and collections not an impossible mission. And it is that is the easy part. But we must from the CSRS and FERS retirement not an idea that must get bogged down compromise to get one, and that is the plans, and it increase retirement ages— along party lines. hard part. The American people clearly improperly placing a large burden on We all agree the budget must be bal- are willing to sacrifice to make this the backs of Federal workers. We must anced. We all understand the need to happen. And, I voted today in support end the continued 3-month delay in re- get our fiscal house in order. The dif- of a bipartisan budget agreement that tiree COLA’s and honor the contract ficult part, however, is making sure asks for shared sacrifice. The numbers our Nation formed with our valued the budget plan uses good common in the Breaux-Chafee proposal are rea- Federal workers. sense and reflects America’s core val- sonable. How the proposal gets to the Mr. President, I will not forget the ues—the belief we should ensure our numbers still raises large concerns for concerns I just raised. As we reform quality of life, educate our children, me, and should for all of us. these programs, we must remember and maintain adequate health security On welfare, there will be cuts. People what works and what needs to be for our parents and disabled. will see reduced services from their changed. Last year, we learned the Unfortunately, the Senate rejected Government. There will be new re- American people do not want reckless the centrist budget today. However, quirements on adults to do more in changes. They want wise decisionmak- the awareness of this plan is just build- order to get help, and if this breaks ing. They want us to craft budgets that ing, and I am pleased to note support is down the disincentives in our current reflect their priorities. And I am con- growing for this plan. I believe the welfare system, then I support it. That fident that with good common sense we Chafee-Breaux budget lays the ground- is one reason I voted for this amend- can meet their expectations. work and sets out the parameters that ment. Mr. KERRY. Mr. President, I will op- could be used to strike a final com- But how we achieve savings is a very pose the Breaux-Chafee substitute. I promise on a comprehensive 6-year bal- important question, as is whether we want to commend those who have been anced budget plan. want to penalize people. And I think involved in that effort and support the The centrist budget plan is not per- this amendment and every other wel- objective they seek. Senator CHAFEE fect. It requires serious savings in pro- fare proposal goes the wrong way when and Senator BREAUX deserve our praise grams I believe in and my friends and it comes to removing national stand- for showing the country that we do not family depend on. It asks each and ards for a basic guarantee of service. need partisan bickering to reach a every one of us to give a little in order According to CBO, removing entitle- budget agreement. I would very much balance the budget. It cuts Medicare, ment status for cash assistance does like to have been able to join their Medicaid; it curtails welfare programs; not save money in this proposal. I can ranks and pass a budget on a bipartisan and it cuts taxes all a little bit more understand saving money and making basis. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5515 I wish more of our Republican friends I also have considerable concerns jority’s budget, I would need to see would have joined me in supporting the about the level and impact of cuts in these concerns addressed before voting President’s balanced budget. It is a sad the Breaux-Chafee budget from the for it on final passage. commentary that not one Member of level needed to maintain current Medi- The PRESIDING OFFICER. The the other party could work with us on care and Medicaid services, as well as question is on agreeing to amendment a plan which has proven to cut the defi- the discretionary programs that are so No. 4018. The yeas and nays have been cit in half while keeping our economy vital to investment in our future, rang- ordered. The clerk will call the roll. moving at a robust clip. The President ing from education to infrastructure, The bill clerk called the roll. and the Democrats have crafted a from environmental protection to high- Mr. LOTT. I announce that the Sen- budget which eliminates the deficit technology research and development. ator from Kansas [Mr. DOLE] is nec- and works for middle-class Americans. I am also very concerned about the essarily absent. Mr. President, I wish I could join my size of the Medicare cuts in the Chafee- The PRESIDING OFFICER. Are there friends. I have discussed this proposal Breaux proposal which would reduce any other Senators in the Chamber de- with a number of its proponents, but this essential program by $154 billion siring to vote? Mr. President, I cannot sign on to a by 2002. These cuts will result in inad- The result was announced—yeas 46, plan at this time which arbitrarily equate health care, more expensive nays 53, as follows: changes the Consumer Price Index or health care, or no care at all. Although [Rollcall Vote No. 150 Leg.] its application to benefits that are by cuts this large could be implemented in YEAS—46 law adjusted for inflation. a number of ways, and all of those Akaka Faircloth Lieberman As you know, the CPI is one of the would have a considerable negative im- Bennett Feinstein Lugar Bingaman Frist Moynihan country’s most widely watched eco- pact because of the magnitude, the Boxer Gorton Murray nomic indices. The CPI, which meas- Chafee-Breaux proponents have advo- Bradley Graham Nunn ures the changes in the cost of living, cated doubling Medicare premiums for Breaux Gregg Pell is determined by economists at the Bu- Brown Hatch Pryor middle and upper income seniors, re- Bryan Hatfield Reid reau of Labor Statistics. These ana- quiring most participants to bear the Campbell Inouye Robb lysts are continually adjusting the CPI burden of paying 31.5 percent of the Chafee Jeffords Santorum and the methodology they employ to part B program’s costs. Forcing the el- Coats Johnston Simon ascertain it. Cochran Kassebaum Simpson derly to pay an unfair share of deficit Cohen Kerrey Snowe There are a number of prominent reduction is the wrong approach. Conrad Kohl Specter economists—including Federal Reserve And all for those reasons, I regret- D’Amato Leahy Chairman Alan Greenspan—who tell us fully concluded I cannot join in sup- DeWine Levin the CPI overstates the actual cost of porting this budget alternative, and I NAYS—53 living and is therefore an inaccurate must oppose the Chafee-Breaux sub- Abraham Gramm Mikulski estimate for the rate of inflation. They stitute. Ashcroft Grams Moseley-Braun call for the CPI to be adjusted down- I do hold out hope, however, Mr. Baucus Grassley Murkowski ward. I know the proponents of this Biden Harkin Nickles President, that those of us who sup- Bond Heflin Pressler budget are responding to these calls ported the President’s budget, which Bumpers Helms Rockefeller when they arbitrarily lower the CPI balances the budget by the year 2002, Burns Hollings Roth and derive more than $100 billion to will be able to work with the pro- Byrd Hutchison Sarbanes Coverdell Inhofe Shelby spend on tax breaks or to apply to defi- ponents of this budget alternative to Craig Kempthorne Smith cit reduction. secure final Senate action that will be Daschle Kennedy Stevens Mr. President, I think this action— far preferable for our Nation’s sake Dodd Kerry Thomas which will affect millions of American Domenici Kyl Thompson than the budget the Republican major- Dorgan Lautenberg Thurmond taxpayers, Social Security bene- ity will ram through both Houses of Exon Lott Warner ficiaries, and other retirees—is pre- Congress this week. Feingold Mack Wellstone mature. Mr. LEVIN. Mr. President, I support Ford McCain Wyden As changing the CPI will affect mil- the Chafee-Breaux amendment as a Glenn McConnell lions of Americans, we should study it substitute for the underlying budget NOT VOTING—1 carefully before we enact any change in offered by the majority. Dole the way it is calculated as part of a The Chafee-Breaux amendment is a The amendment (No. 4018) was re- deficit reduction plan. Perhaps at some bipartisan effort to find a compromise jected. point in the future, the Bureau of to the budget dilemma. It provides a Mr. DOMENICI. Mr. President, I Labor Statistics will determine that more moderate reduction in discre- move to reconsider the vote. the CPI exaggerates the cost of living tionary spending and includes a na- Mr. EXON. I move to lay that motion and adjust the index downward. Or per- tional guarantee of coverage in Medic- on the table. haps the Congress, after rigorous aid for the elderly, the disabled, and The motion to lay on the table was study, will thoroughly debate a legisla- disadvantaged children and pregnant agreed to. tive change in the CPI and subse- women. AMENDMENT NO. 3969 quently enact a change. As you know, I do not agree with all aspects of the The PRESIDING OFFICER. The Mr. President, the Finance Committee Chafee-Breaux amendment, however. I pending question is amendment No. has established a nonpartisan commis- do not agree with the 0.5-percent ad- 3969. sion to study the accuracy and meth- justment to the Consumer Price Senator FEINGOLD is recognized. odology of the Consumer Price Index. Index—0.3 percent in the outyears. I do Mr. FEINGOLD. Mr. President, our This Commission is due to release its not believe that such a change should amendment offers a clear choice: tax final report this summer. We should be made in the calculation of the CPI cuts or deficit reduction. It strikes the wait at least until the Commission has without careful study and analysis $122 billion tax cut and applies every reported its findings before legislating showing a disparity between the CPI penny to deficit reduction. I think that changes to this index. and the rate of inflation and a result- is our highest economic priority. This At least until then, Mr. President, ing recommendation from the Bureau is not just a partisan issue. The Repub- legislation to change the CPI is not of Labor Statistics that Congress make lican and Democratic plans have had needed and would be extremely unwise. such a change. Also, I do not agree this flaw. The bipartisan plan has this We can and should balance the budget with the Chafee-Breaux defense discre- flaw. This has been endorsed by the without changing the CPI. The Presi- tionary spending level which is $11 bil- Concord Coalition. dent has shown us that it is possible to lion more than the President re- Mr. DOMENICI. Mr. President, the balance the budget by the year 2002 quested. I am also concerned by the FEINGOLD amendment strikes $122 bil- without changing the CPI. I voted for Chafee-Breaux’s assumption of a 40-per- lion in family tax credit from this reso- his balanced budget proposal as did cent cap on direct student loans. lution. Therefore, it will be a bill with- many of the proponents of this change While I support the Chafee-Breaux out any special emphasis for the fami- in the CPI. amendment as a substitute for the ma- lies across America. I believe this S5516 CONGRESSIONAL RECORD — SENATE May 23, 1996 should be tabled, and we should pro- That is an absolutely unacceptable I yield any time I might have in op- ceed through and have a budget that distortion of the reconciliation process; position. does something for American families, expanded use threatens all Senators’ Mr. EXON. We yield back our time. along with reducing the deficit. I be- rights to debate and amend. The PRESIDING OFFICER. If there lieve it should be tabled. The PRESIDING OFFICER. The Sen- is no objection, the Senate will now Therefore, I move to table the ator from New Mexico. proceed to consider amendment No. amendment and ask for the yeas and Mr. DOMENICI. Mr. President and 4023. nays. fellow Senators, I think the Chair’s Mr. FAIRCLOTH. Mr. President, I The PRESIDING OFFICER. Is there a ruling should be sustained. Senator ask unanimous consent that Senator sufficient second? DASCHLE’s point of order was based on MOYNIHAN be added as a cosponsor to There is a sufficient second. his view that the budget resolution this amendment. The yeas and nays were ordered. cannot contain separate reconciliation The PRESIDING OFFICER. Without The PRESIDING OFFICER. The instructions, that there can be just objection, it is so ordered. question is on the motion to table the one. The Parliamentarian ruled that Mr. FAIRCLOTH. Mr. President, let amendment. you could have multiple reconciliation me say how pleased I am to offer this The yeas and nays have been ordered, bills directed by a budget resolution. amendment along with the senior Sen- and the clerk will call the roll. I think the Parliamentarian is right ator from New York. It was Senator The legislative clerk called the roll. and we should support him. Therefore, MOYNIHAN’S ground-breaking research The PRESIDING OFFICER (Mr. I urge that you vote ‘‘no’’ on this ap- 30 years ago that first drew attention KEMPTHORNE). Are there any other Sen- peal—vote ‘‘aye’’ on this appeal. Ex- to a situation that has gone from a de- ators in the Chamber desiring to vote? cuse me. veloping trend to what I consider to be The result was announced—yeas 57, The PRESIDING OFFICER. The a real crisis. nays 43, as follows: question is, Shall the decision of the This amendment simply states that [Rollcall Vote No. 151 Leg.] Chair stand as the judgment of the it is the sense of the Senate that if wel- YEAS—57 Senate? On this question, the yeas and fare reform is included in balanced Abraham Domenici Lott nays have been ordered, and the clerk budget legislation, that those provi- Ashcroft Faircloth Lugar will call the roll. sions contain a strategy to reduce the Baucus Ford Mack The bill clerk called the roll. Bennett Frist McCain incidence of out of wedlock births as Biden Gorton McConnell The result was announced—yeas 53, well as encourage family formation. Bond Gramm Murkowski nays 47, as follows: I strongly believe that welfare reform Boxer Grams Nickles [Rollcall Vote No. 152 Leg.] Bradley Grassley Pressler that does not seek to reverse the rising Brown Gregg Roth YEAS—53 rate of out-of-wedlock births, will not Burns Harkin Santorum Abraham Frist McCain break the cycle of welfare dependency Campbell Hatch Shelby Ashcroft Gorton McConnell that is consuming more and more of Chafee Hatfield Simpson Bennett Gramm Murkowski Coats Helms Smith Bond Grams Nickles our young people. Cochran Hutchison Snowe Brown Grassley Pressler I urge my colleagues to support this Coverdell Inhofe Stevens Burns Gregg Roth amendment. Craig Kassebaum Thomas Campbell Hatch Santorum THE PRESIDING OFFICER. If there D’Amato Kempthorne Thompson Chafee Hatfield Shelby DeWine Kyl Thurmond Coats Helms Simpson be no further debate, the question is on Dole Lieberman Warner Cochran Hutchison Smith agreeing to the amendment. Cohen Inhofe Snowe NAYS—43 The amendment (No. 4023) was agreed Coverdell Jeffords Specter to. Akaka Graham Moynihan Craig Kassebaum Stevens Bingaman Heflin Murray D’Amato Kempthorne Thomas AMENDMENT NO. 4037 Breaux Hollings Nunn DeWine Kyl Thompson Mr. EXON. Mr. President, for Sen- Dole Lott Thurmond Bryan Inouye Pell ator BIDEN, I send an amendment to Bumpers Jeffords Pryor Domenici Lugar Warner Byrd Johnston Reid Faircloth Mack the desk and ask unanimous consent Cohen Kennedy Robb NAYS—47 the amendment be considered, agreed Conrad Kerrey Rockefeller to, and the motion to reconsider be laid Daschle Kerry Sarbanes Akaka Feinstein Lieberman Dodd Kohl Simon Baucus Ford Mikulski on the table. This has been cleared on Dorgan Lautenberg Specter Biden Glenn Moseley-Braun both sides. Exon Leahy Wellstone Bingaman Graham Moynihan Mr. DOMENICI. Mr. President, I un- Feingold Levin Wyden Boxer Harkin Murray derstand Senator HATCH is a cosponsor Feinstein Mikulski Bradley Heflin Nunn Glenn Moseley-Braun Breaux Hollings Pell of that amendment. Mr. EXON. Mr. President, Senator The motion to lay on the table the Bryan Inouye Pryor Bumpers Johnston Reid HATCH is a cosponsor. amendment (No. 3969) was agreed to. Byrd Kennedy Robb The PRESIDING OFFICER. The APPEAL OF THE RULING OF THE CHAIR Conrad Kerrey Rockefeller Daschle Kerry Sarbanes clerk will report the amendment by The PRESIDING OFFICER. The Sen- Dodd Kohl Simon number. ate Democratic leader has appealed the Dorgan Lautenberg Wellstone The bill clerk read as follows: Exon Leahy Wyden decision of the Chair. The question be- The Senator from Nebraska [Mr. EXON], for Feingold Levin fore the Senate is, Shall the decision of Mr. BIDEN, for himself, Mr. LEAHY, Mr. KOHL the Chair stand as the judgment of the The ruling of the Chair was sustained and Mr. HATCH proposes an amendment num- Senate? as the judgment of the Senate. bered 4037. There is 1 minute of debate equally AMENDMENT NO. 4022 Mr. EXON. Mr. President, I ask unan- divided. The PRESIDING OFFICER. The imous consent that reading of the Mr. DASCHLE addressed the Chair. question now occurs on amendment No. amendment be dispensed with. The PRESIDING OFFICER. The mi- 4022 offered by the Senator from Ari- The PRESIDING OFFICER. Without nority leader. zona, Mr. MCCAIN. objection, it is so ordered. Mr. DASCHLE. Mr. President, this Mr. DOMENICI. We want to set that The amendment is as follows: resolution abuses reconciliation—ex- aside to do some other things we want At the appropriate place insert the follow- tending use in an entirely inappropri- to do. ing: ate way. In sanctioning that abuse, the The PRESIDING OFFICER. The Sen- SEC. . A RESOLUTION REGARDING THE SEN- Chair has made a faulty judgment that ator from New Mexico is recognized. ATE’S SUPPORT FOR FEDERAL, could have a vast impact on the Sen- The Senate will please come to order. STATE AND LOCAL LAW ENFORCE- MENT. ate. AMENDMENT NO. 4023 (a) FINDINGS.—The Senate finds that: The Chair has ruled that reconcili- Mr. DOMENICI. Senators FAIRCLOTH (1) Our Federal, State and local law en- ation can be used solely to increase and MOYNIHAN have an amendment, No. forcement officers provide essential services spending, solely to cut taxes, solely to 4023. It has been cleared on both sides. that preserve and protect our freedoms and increase the deficit. There is no need for a rollcall vote. security; May 23, 1996 CONGRESSIONAL RECORD — SENATE S5517 (2) Law enforcement officers deserve our will be available to combat crime. As expect but one result when the appro- appreciation and support; my colleagues know, the general num- priators develop their bills later this (3) Law enforcement officers and agencies bers of the budget resolution do not year. Massive cuts in Federal law en- are under increasing attacks, both to their physical safety and to their reputations; specify which programs will be cut— forcement because the appropriators (4) Federal, State and local law enforce- but it is clear that some programs will have no choice—if we shrink the ment efforts need increased financial com- must be cut. budget pie for law enforcement, there mitment from the Federal Government for What specifically might this mean? is no way to provide all the slices. It is funding and financial assistance and not the Let us just review the law enforcement just that simple. slashing of our commitment to law enforce- efforts funded by the crime law trust Mr. President, I urge my colleagues ment if they are to carry out their efforts to fund: to adopt the amendment I am offering combat violent crime; Federal prosecutors, $55 million; (5) The President’s Fiscal Year 1996 budget on behalf of myself, and Senators requested an increase of 14.8% for the Fed- FBI, $40 million; DEA, $200 million; LEAHY, KOHL, and HATCH. eral Bureau of Investigation, 10% for United border enforcement and deporting Mr. LEAHY. Mr. President, I join as States Attorneys, and $4 milllion for Orga- aliens who break the law, $525 million; a sponsor in this amendment to the nized Crime Drug Enforcement Task Forces; violence against women efforts includ- budget resolution. Last year I offered a while this Congress has increased funding for ing more police and prosecutors and similar amendment that was adopted the Federal Bureau of Investigation by more shelters for battered women, $254 by the Senate. Unfortunately, Congress 10.8%, 8.4% for United States Attorneys, and million; $1 billion for constructing did not follow through on our commit- a cut of $15 million for Organized Crime Drug prisons and reimbursing States for im- ment. Last year the budget for fighting Enforcement Task Forces; (6) On May 16, 1996, the House of Represent- prisoning criminal aliens; and an addi- crime was never finalized. It was only atives has nonetheless voted to slash $300 tional $2.6 billion to aid State and local recently that we arrived at a budget million from the President’s $5 billion budg- law enforcement—whether it is resolution for a fiscal year now more et request for the Violent Crime Reduction through the 100,000 Cops Program I than half over. This had a devastating Trust Fund for Fiscal Year 1997 in H. Con. favor or the block grant favored by the impact on anticrime grant programs Res. 178; and other side, I do not believe that any and should not be repeated. (7) The Violent Crime reduction Trust Senator favors a smaller total for I am glad to join with Senator BIDEN Fund as adopted by the Violent Crime Con- in this resolution to preserve the vio- trol and Law Enforcement Act of 1994 fully State and local law enforcement. funds the Violent Crime Control and Law We all know there is no free lunch— lent crime reduction trust fund. Our Enforcement Act of 1994 without adding to so if there is a cut in the total for the purpose is to reaffirm our commitment the federal budget deficit. trust fund, at least some of the pieces and appreciation for Federal, State, (b) SENSE OF THE SENATE.—It is the Sense of the trust fund must be cut. For that and local law enforcement and the out- of the Senate that the provisions and the reason, I call upon the entire Senate to standing job that they do under the functional totals underlying this resolution go on record as opposing the House cut most difficult and dangerous cir- assume the Federal Government’s commit- cumstances, and to reject the House’s ment to fund Federal law enforcement pro- to the President’s $5 billion request for grams and programs to assist State and local the crime law trust fund. attempts drastically to cut our finan- efforts shall be maintained and funding for But, let me also point out that even cial support for their efforts. the Violent Crime Reduction Trust Fund if we pass the resolution I am offering Over the last few years there has shall not be cut as the resolution adopted by today, and even if the House Repub- been a lot of public debate and com- the House of Representatives would require. lican majority ultimately agrees to ment about the activities of law en- Mr. BIDEN. Mr. President, it seems fully fund the President’s request for forcement and the rhetoric that has to be ‘‘deja vu all over again’’ to quote the trust fund—even if all that hap- been used to disparage and malign Yogi Berra—last year we had to fight pens, a massive shortfall in the Presi- these dedicated public servants and the an effort on the House side to slash dent’s request for crime fighting re- law enforcement agencies in which funds for the crime law trust fund, and sources will still have been made by they serve. I submit that law enforce- it looks like we are going to have to do the budget resolutions adopted by the ment deserves better. We owe these the same this year. Republican majority. men and women our respect, apprecia- The amendment which I propose To quickly review the facts on the tion and public, moral and financial today gives the entire Senate the op- total ‘‘administration of justice’’ ac- support. portunity to express its support for full count—compare what the Senate and The gruesome fact is that there are funding of the violent crime control House budget resolutions offer for the increasing threats against the safety trust fund enacted in the 1994 crime non-trust fund portion of the ‘‘adminis- and lives of law enforcement officers— law. Let me point out that the Senate tration of justice’’ account that pays the bombing of offices in Texas only budget resolution offered by Chairman for the entire Justice Department— yesterday, the Oklahoma City bomb- DOMENICI does the right thing on the FBI, DEA, prisons, everything—and the ing, reports of attacks against park trust fund—Chairman DOMENICI fully courts: rangers, Forest Service employees, funds the President’s $5 billion request Billion Treasury employees and others. The for the trust fund for 1997. This recog- President request ...... $18.5 dedicated men and women in Federal, nizes that the $5 billion for the trust House budget resolution ...... 17,4 State, and local government and law fund is already paid for by the reduc- Senate budget resolution ...... 16.7 enforcement work long hours for lim- tion of the Federal work force by These are massive cuts—the House ited financial reward in order to serve 272,000 employees. proposes to slash the President’s re- the public, protect us and preserve our The problem is that the budget reso- quest for crime fighting dollars by $1.1 freedom. lution proposed by the Republican billion; the Senate proposes a cut $1.8 It is in this context that I am con- leadership of the House of Representa- billion. cerned that the House of Representa- tives which passed just last week by a What happened to all this ‘‘tough on tives has again voted to cut law en- narrow, partisan vote of 226 to 195—221 crime’’ rhetoric we have been hearing forcement resources. The House voted Republicans voted for it, 4 against; 190 from all sides? It seems that the Presi- on May 16 to cut $300 million from the Democrats voted against, 5 voted for dent held up his end of the bargain—re- President’s request for the violent it—cut the President’s $5 billion requesting the largest-ever annual budg- crime reduction trust fund for fiscal quest for the trust fund by $300 million. et for the FBI, DEA, U.S. attorneys, year 1997. Last year the House voted to This is less than the $900 million cut and help for State and local prisons offset certain tax reduction proposals that had been proposed by the Repub- and police. But, the Congress con- by cutting $5 billion from the violent lican leadership of the House—but this trolled by the other party has been crime reduction trust fund. Invading is still a significant cut that I must op- ‘‘AWOL—absent without law enforce- the violent crime reduction trust fund pose. ment.’’ makes it impossible to pay for the law If the House proposed cut of $300 mil- Unless there is a major change to re- enforcement and crime prevention pro- lion is allowed to stand there can be store these funds when the House and grams of the Violent Crime Control only one result—fewer Federal dollars Senate budget conferees meet—we can Act of 1994. This is bad policy and will S5518 CONGRESSIONAL RECORD — SENATE May 23, 1996 lead to weakened law enforcement. I THE PRESIDING OFFICER. The Either we are serious about control- hope and trust that our Senate col- question is on agreeing to the amend- ling spending or we are not. It is some- leagues will reject this cut in funding ment. thing we are capable of controlling. I to Federal law enforcement and Fed- The amendment (No. 4037) was agreed strongly oppose it. eral assistance to State and local ef- to. The PRESIDING OFFICER. Who forts. AMENDMENT NO. 4027 TO AMENDMENT NO. 4012 yields time? When we passed the Violet Crime The PRESIDING OFFICER. The Sen- Mr. DOMENICI. Mr. President, I ask Control and Law Enforcement Act in ator from New Mexico. unanimous consent I be granted 30 sec- 1994, we paid for its programs. A trust Mr. DOMENICI. Mr. President, I call onds. The Senator from Texas spoke fund was established from the up the second-degree amendment No. for a minute. downsizing of the Federal Government 4027 to the Harkin-Specter amendment The PRESIDING OFFICER. Without by some 250,000 jobs. The violent crime 4012. objection, it is so ordered. reduction trust fund contains funds The PRESIDING OFFICER. If there Mr. DOMENICI. I think he would give dedicated to law enforcement and is no objection, then, the question is on it to me anyway. I should not say that crime prevention programs, and is in- agreeing to amendment 4027 as an about how long he took. tended in large part to provide Federal amendment to 4012. Fellow Republicans, I want to speak financial assistance to critical Federal, Who yields time? The Senator from to you first. The estimates on tax re- State and local needs. Since passage of New Mexico. ceipts are up $15 billion over what is in the Violent Crime Control Act, the Mr. DOMENICI. Mr. President, I will this budget resolution. What I am try- U.S. Department of Justice has been take my 30 seconds in support of the ing to do, so you will all know, is to doing a tremendous job getting these amendment. This would take the place make sure we do not end up like we did resources to the field. I commend the of the Specter-Harkin amendment Associate Attorney General John which had added $2.7 billion, more or last year. I have talked to JOHN KA- Schmidt and Chief Joe Brann, who di- less, to one function of the Govern- SICH, chairman of the Appropriations rect the community policing programs, ment. Instead of doing that, the Sen- Committee, and they want us to pass for their quick work. I know that fund- ator from New Mexico adds $4 billion to this so we can figure out exactly where ing to assist local law enforcement to the overall budget and it can be used we are, rather than end up precisely hire additional officers went out al- for education and the other purposes where we were last year. If you want to most immediately based on a simple, within it. This can amount to a non- end up that way, you vote with Senator one-page application. Vermont re- defense discretionary freeze spending GRAMM. If you want to give us a chance ceived commitments of over $3 million level and we have arrived at that as a to get by without last year, you vote toward 64 new officers in 34 jurisdic- freeze off the 1996 consolidated rescis- for my amendment. tions, for example. sions bill. Once one had it all figured I yield the floor. The House would have us turn our out, this is the amount of money re- Mr. EXON. Mr. President, I ask unan- backs on law enforcement and preven- quired to make it a freeze. imous consent for 10 seconds for the tion programs and the commitments Mr. EXON. I will yield our 30 seconds Senator from Iowa. we made in the Violent Crime Control to the Senator from Iowa. The PRESIDING OFFICER. Is there Act. Law enforcement and community- The PRESIDING OFFICER. The Sen- objection? The Senate will please come based programs cannot be kept on a ator from Iowa. to order. string like a yo-yo if they are to plan Mr. HARKIN. Senator DOMENICI is The Senator from Iowa is recognized. and implement crime control and pre- proposing a second-degree amendment Mr. HARKIN. Mr. President, all I vention programs. Funding for impor- which increases funding for education, want to say is this is still below the tant programs implementing the Vio- job training and health by $2 billion CBO freeze. Period. lence Against Women Act and our rural and funding for nondefense discre- Mr. EXON. Mr. President, I ask for crime initiatives should not be delayed tionary programs by $5 billion overall. the yeas and nays. or cut again. What we need to do is to The Domenici amendment is not all The PRESIDING OFFICER. Is there a follow through on our commitments, the funding we need for the programs sufficient second? not to breach them and violate our including title I and Head Start and I There is a sufficient second. pledge to law enforcement, State and would propose the options in my The yeas and nays were ordered. local government and the American amendment; however I do support this The PRESIDING OFFICER. The people. Invading trust funds dedicated amendment and its modification be- question is on agreeing to the amend- to crime control purposes is no way to cause it is an important step in the ment No. 4027. The yeas and nays have proceed and no way to restore people’s right direction. I do support the been ordered. The clerk will call the trust and respect for government and amendment. roll. the commitments that it makes. Mr. GRAMM. Mr. President, is there The assistant legislative clerk called I will continue to work with the At- time available in opposition to the the roll. torney General and my Senate col- amendment? The result was announced, yeas 75, leagues to reject the ill-advised House Mr. DOMENICI. There should have nays 25, as follows: action. I will work to preserve the vio- been. I yield 30 seconds to the Senator [Rollcall Vote No. 153 Leg.] lent crime reduction trust fund so that to speak in opposition. YEAS—75 we can fulfil the promise of the Violent Mr. GRAMM. Mr. President, I am Crime Control and Law Enforcement strongly opposed to this amendment. I Akaka Domenici Kohl Baucus Dorgan Lautenberg Act and our commitment to do all that want my colleagues to look at some Bennett Exon Leahy we can to reduce violent crime in our simple numbers. Last year in the budg- Biden Feinstein Levin local communities. This is not the time et resolution for fiscal year 1996 we Bingaman Ford Lieberman adopted a budget that called for spend- Bond Frist Lugar to undercut our support for Federal Boxer Glenn Mikulski law enforcement or the assistance pro- ing on discretionary nondefense ac- Bradley Gorton Moseley-Braun vided State and local law enforcement. counts in fiscal year 1997 of $255 billion. Breaux Graham Moynihan We offer this amendment as an embodi- The budget before us now calls for dis- Bryan Grassley Murkowski Bumpers Gregg Murray ment of the Senate’s resolve against cretionary spending for the same year Burns Harkin Nunn the House-passed cuts to the violent of $267 billion, so that we have in- Byrd Hatch Pell crime reduction trust fund and reduc- creased nondefense discretionary in Campbell Hatfield Pressler tions in funding of Federal, State, and this budget $12 billion above last year’s Chafee Heflin Pryor Cochran Hollings Reid local law enforcement. The House- budget resolution. If we adopt this Cohen Inouye Robb passed cuts to law enforcement funding amendment we will be at $271 billion, Conrad Jeffords Rockefeller are not the way to show our support for and we will have increased nondefense D’Amato Johnston Sarbanes Daschle Kassebaum Shelby those women and men whom we ask to discretionary spending by $16.7 billion DeWine Kennedy Simon protect public safety and preserve our above the level we called for in last Dodd Kerrey Simpson precious freedoms. year’s budget resolution. Dole Kerry Snowe May 23, 1996 CONGRESSIONAL RECORD — SENATE S5519 Specter Thompson Wellstone AMENDMENT NO. 4012, AS AMENDED entitlement, something we should not Stevens Thurmond Wyden The PRESIDING OFFICER. The do. NAYS—25 question now occurs on agreeing to OMB expresses concern that this new Abraham Grams McConnell Amendment No. 4012, as amended. funding source for Amtrak is wrong Ashcroft Helms Nickles The amendment (No. 4012), as amend- and it takes money from your local Brown Hutchison Roth mass transit for Amtrak, something we Coats Inhofe Santorum ed, was agreed to. Coverdell Kempthorne Smith Mr. DOMENICI. Mr. President, I should not do. So why threaten the sol- Craig Kyl Thomas think we have an understanding that vency of our mass transit accounts? Faircloth Lott Warner Senator ROTH will proceed with his Balance the budget. No more entitle- Feingold Mack Gramm McCain amendment. ments. The PRESIDING OFFICER. Without Mr. BAUCUS. Mr. President, I rise in The amendment (No. 4027) was agreed objection, it is so ordered. The Senator strong support of the amendment of- to. from Delaware is recognized. fered by the Senator from Delaware. The PRESIDING OFFICER. The As my colleagues will recall, I offered question now occurs on Amendment Mr. EXON. Before Senator ROTH starts, I ask the chairman of the com- a similar amendment last year on the No. 4012 as amended. budget resolution. Unfortunately, we Mr. LOTT addressed the Chair. mittee, we have how many amend- lost by one vote. I have been pressing The PRESIDING OFFICER. The Sen- ments left that we are going to vote ator from Mississippi. on? As I understand it, we have Byrd the concept of a dedicated revenue source for Amtrak for quite some time f that requires a vote, Roth that requires a vote, and McCain, and final passage. now and I welcome the opportunity to PROVIDING FOR A CONDITIONAL Mr. DOMENICI. Correct. That is voice this support again. ADJOURNMENT OR RECESS OF what I understand. Mr. President, the resolution before THE SENATE AND THE HOUSE Mr. EXON. What we have agreed to us is a sense of the Senate resolution OF REPRESENTATIVES earlier, we are trying to get out of here that Congress should provide Amtrak Mr. LOTT. Mr. President, I send a for at least one-half hour, between 4 to with the revenue from one-half penny concurrent resolution to the desk pro- 4:30. It seems to me that we could prob- of the Federal gas tax that is now dividing for a conditional adjournment of ably have final passage by no later rected to mass transit. Congress and ask for its immediate than 5:15. This revenue will provide Amtrak consideration. Mr. DOMENICI. I think that is prob- with a steady, dedicated revenue The PRESIDING OFFICER. The ably correct, I say to the Senator. source. This is very important if Am- clerk will report the resolution. Mr. EXON. Is that the assumption trak is to be able to make long-term The legislative clerk read as follows: under which we are working, then? We planning decisions that will enable it A concurrent resolution (S. Con. Res. 60) have one more vote at least, and then to become financially viable in the fu- providing for a conditional adjournment or go to a half-hour recess? ture. recess of the Senate and the House of Rep- Mr. DOMENICI. Are we going to have Amtrak is a key component of this resentatives. a half-hour recess? Nation’s transportation system. In my Mr. LOTT. Mr. President, I ask unan- Mr. EXON. That is what I agreed to home State of Montana, many resi- imous consent that the resolution be with both the majority leader and the dents rely on Amtrak’s service to trav- agreed to and the motion to reconsider minority leader. el to and from the State. Amtrak be laid upon the table. Mr. DOMENICI. All right. If our lead- means jobs. It means increased tour- The PRESIDING OFFICER. Without er agreed it to, I am all for it. I asked ism. And it means increased access and objection, it is so ordered. the Senator to ask him. That is fine. mobility for Montanans. The concurrent resolution (S. Con. We are going to vote on Roth, and then And for any of you who have ever Res. 60) was agreed to as follows: recess for 30 minutes. All right. traveled on the Empire Builder S. CON. RES. 60 The PRESIDING OFFICER. The Sen- through the northern tier of my State, Resolved by the Senate (the House of Rep- ator from Delaware is recognized. you know the tremendous beauty along resentatives concurring), That when the Sen- the Montana hi-line. AMENDMENT NO. 4025 ate recesses or adjourns at the close of busi- Some will argue that redirecting the Mr. ROTH. Mr. President, the Roth ness on Thursday, May 23, 1996, Friday, May one-half penny from mass transit to resolution simply states that Congress 24, 1996, or Saturday, May 25, 1996, pursuant Amtrak will adversely affect mass to a motion made by the Majority Leader or would give Amtrak a secure and reli- transit programs. That is simply not his designee in accordance with this resolu- able source of funding for capital ex- true. There is an over $5.4 billion cash tion, it stand recessed or adjourned until penditures. The rail trust fund would surplus in excess of obligations in the noon on Monday, June 3, 1996, Tuesday, June be funded by transferring revenues 4, 1996 or until such time on that day as may mass transit account. That is more from the 0.5-cent excise tax that is cur- be specified by the Majority Leader or his than enough to fund mass transit pro- rently going into the mass transit ac- designee in the motion to recess or adjourn, grams for the foreseeable future. or until noon on the second day after Mem- count to a newly created rail trust Mr. President, rural transportation bers are notified to reassemble pursuant to fund. programs seem to be constantly under section 2 of this concurrent resolution, While Amtrak would have $2.8 billion attack. Rural areas are struggling. We whichever occurs first; and that when the for capital expenditure over 5 years, House adjourns on the legislative day of continue to see a decline in rural trans- the existing $5.4 billion surplus in the portation options—funding for rural air Thursday, May 23, 1996, it stand adjourned mass transit account—the mass transit until 2:00 p.m. on Wednesday, May 29, 1996, or service, rural transit and highway pro- would continue to have billions of dol- until noon on the second day after Members grams is declining. This amendment is are notified to reassemble pursuant to sec- lars in excess of its anticipated appro- one small step forward in turning back tion 2 of this concurrent resolution, which- priations. this trend. ever occurs first. Mr. President, I urge my colleagues The PRESIDING OFFICER. The SEC. 2. The Majority Leader of the Senate to support my amendment. question occurs on agreeing to amend- and the Speaker of the House, acting jointly The PRESIDING OFFICER. The Sen- ment No. 4025. after consultation with the Minority Leader ator from New Mexico. of the Senate and the Minority Leader of the Mr. DOMENICI addressed the Chair. Mr. DOMENICI. Senator GRASSLEY The PRESIDING OFFICER. The Sen- House, shall notify the Members of the Sen- wants to speak in opposition. I yield to ate and House, respectively, to reassemble ator from New Mexico. whenever, in their opinion, the public inter- Senator GRASSLEY 30 seconds. Mr. DOMENICI. Might I correct my est shall warrant it. Mr. GRASSLEY. This budget resolu- statement? I understand that all we f tion, all 50 hours of debate and all the have agreed to—we do not have to go in many hundreds of pages, is about bal- recess. The next vote will occur at 4:30. CONCURRENT RESOLUTION ON ancing the budget, which is long over- Mr. EXON. After the Roth vote. THE BUDGET due and it is something that we should Mr. DOMENICI. The next vote after The Senate continued with the con- do. The Roth amendment, the next this one will occur at 4:30. I ask unani- sideration of the concurrent resolution. amendment, establishes a whole new mous consent for that. S5520 CONGRESSIONAL RECORD — SENATE May 23, 1996

The PRESIDING OFFICER. Is there located in today’s RECORD under The PRESIDING OFFICER. Without objection? Without objection, it is so ‘‘Statements on Introduced Bills and objection, it is so ordered. ordered. Joint Resolutions.’’) Mr. CRAIG. Mr. President, I ask The question now occurs on agreeing Mr. GRAMS. Thank you, Mr. Presi- unanimous consent that I be allowed to to amendment No. 4025. dent. speak in morning business for no more Mr. ROTH. I ask for the yeas and I yield the floor. I suggest the ab- than 5 minutes. nays. sence of a quorum. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The yeas The PRESIDING OFFICER. The objection, it is so ordered. and nays have been ordered. clerk will call the roll. f The question occurs on agreeing to The legislative clerk proceeded to FOREST HEALTH amendment No. 4025. The yeas and nays call the roll. have been ordered. The clerk will call Mr. KENNEDY. Mr. President, I ask Mr. CRAIG. Mr. President, within an the roll. unanimous consent that the order for hour or so, we will be adjourning and The assistant legislative clerk called the quorum call be rescinded. out for the Memorial Day recess. But the roll. The PRESIDING OFFICER. Without when we return, it is my plan to mark The result was announced—yeas 57, objection, it is so ordered. up legislation in the Public Lands and nays 43, as follows: Mr. KENNEDY. I would like to be Forestry Subcommittee that I chair, [Rollcall Vote No. 154 Leg.] able to proceed for 4 minutes as if in dealing with forest health, the health YEAS—57 morning business. of the forests of our country. Akaka Exon Mikulski The PRESIDING OFFICER (Mr. For well over a decade now, we have Baucus Feingold Moseley-Braun GREGG). Without objection, it is so or- studied the issue of how to manage our Bennett Feinstein Moynihan forests in light of the recurrence of Biden Ford Murkowski dered. Bingaman Harkin Murray f wild storm style forest fires that con- Boxer Hatch Nickles tinue to devastate our forests across Bradley Hollings Pell INCREASING THE MINIMUM WAGE the Pacific Northwest and across the Breaux Inouye Pressler Bryan Jeffords Pryor Mr. KENNEDY. Mr. President, to- Southwest every time we get into a dry Bumpers Johnston Reid day’s action by the House of Represent- period, especially the kind the South- Burns Kennedy Robb atives removes one of the Republican’s west, New Mexico and Arizona and Col- Byrd Kerrey Rockefeller obstacles to successful action on the orado, are experiencing at this mo- Chafee Kerry Roth Cohen Kohl Sarbanes minimum wage. An overwhelming ma- ment. D’Amato Lautenberg Simon jority of House Republicans, 81 percent, What we have found, Mr. President, Daschle Leahy Snowe tried to kill the increase by attaching is that in our great ability to put out DeWine Levin Specter fires, we have allowed to build up on Dodd Lieberman Wellstone a ‘‘poison pill’’ to exempt all workers Dorgan Lott Wyden of small business, but 43 courageous our forest floors, massive amounts of fuel in the form of dead and dying trees NAYS—43 Republicans stood up to the extremists in their party and spit out the poison as a result of bug kill, as a result of Abraham Gorton Mack Ashcroft Graham McCain pill. fungus, or simply as a result of the Bond Gramm McConnell As the price for accepting an in- overpopulation of our trees and there- Brown Grams Nunn crease, House Republicans tried to fore their death because of lack of Campbell Grassley Santorum deny any minimum wage at all for mil- moisture. In my State of Idaho and Coats Gregg Shelby Cochran Hatfield Simpson lions of men and women who work for across the inland West, where before Conrad Heflin Smith small business. It was a Republican man came to that region we had tre- Coverdell Helms Stevens sneak attack on the minimum wage, mendously healthy forests and popu- Craig Hutchison Thomas Dole Inhofe Thompson and it did not deserve to pass. The min- lations of trees of 40 or 50 or 60 trees Domenici Kassebaum Thurmond imum wage is supposed to be a floor. It per acre, now, because of our ability to Faircloth Kempthorne Warner is wrong for Republicans to try to turn put out fires, we are finding that we Frist Kyl that floor into a trap door. have 300 and 400 trees per acre. Of Glenn Lugar The Republican philosophy seems to course, there is only so much moisture. The amendment (No. 4025) was agreed be the only good minimum wage is no When we get into a drought cycle, to. minimum wage. It is bad enough that there is not enough moisture to keep Mr. ROTH. Mr. President, I move to in today’s economy, America has to all of those trees alive. reconsider the vote. compete with sweatshop labor over- What we are finding is that before we Mr. LAUTENBERG. I move to lay seas. If the Republicans have their had this tremendous ability to put out that motion on the table. way, American workers and American fires, fires would come along on a rel- The motion to lay on the table was employers will have to compete with atively regular basis, caused by light- agreed to. sweatshop labor right here in our own ning strikes or actually caused by na- Mrs. BOXER. Mr. President, I suggest backyard. How very Republican. Every tive Americans who saw the useful tool the absence of a quorum. The PRESIDING OFFICER. The previous Congress that dealt with the of fire. It would burn at a low rate, at clerk will call the roll. minimum wage voted to expand cov- a low pace, burn off the shrubbery and The legislative clerk proceeded to erage and give the benefits of the law’s the brush, allow the mature trees to call the roll. protection to more and more Ameri- stand and allow young trees that had Mr. GRAMS. Mr. President, I ask cans. Now is no time to roll back that reached a certain age to survive. That unanimous consent that the order for progress. It is time to end the Repub- kept the forests, primarily of the West, the quorum call be rescinded. lican war on hard-working American in a very productive and rather pas- The PRESIDING OFFICER. Without families, and I am confident the Senate toral form. objection, it is so ordered. will also reject any Republican scheme But that changed and it has changed Mr. GRAMS. Mr. President, I ask to roll back the minimum wage. No one dramatically over the last 50 years, as unanimous consent that I be allowed to who works for a living should have to we learned to put out fires. But we did speak for 12 minutes as in morning live in poverty. not go in and do what Mother Nature business. Mr. President, I suggest the absence was doing, and that was to thin trees The PRESIDING OFFICER. Is there of a quorum. or to take down the underbrush. As a objection? The PRESIDING OFFICER. The result of that, we have had a massive Without objection, it is so ordered. clerk will call the roll. fuel loading in many of the forests of The Senator from Minnesota is rec- The legislative clerk proceeded to the West and Southwest. ognized. call the roll. Mr. President, you and I have wit- Mr. GRAMS. I thank the Chair. Mr. CRAIG. Mr. President, I ask nessed, in the last several months, fires (The remarks of Mr. Grams pertain- unanimous consent that the order for in New Mexico and Arizona and now in ing to the introduction of S. 1805 are the quorum call be rescinded. Colorado that, by our forest scientists’ May 23, 1996 CONGRESSIONAL RECORD — SENATE S5521 estimation, are the most intense and Mr. EXON. Mr. President, for the in- On page 4, line 22, increase the amount by hottest wild fires we have ever experi- formation of the Senate, as I under- $1,142,000,000. enced. As a result, Mother Nature is stand it, I believe Senator DOMENICI On page 15, line 16, increase the amount by not served well. These fires devastate would confirm, we have two amend- $190,000,000. On page 15, line 17, increase the amount by the forests, leaving not even a snag ments remaining, by Senator MCCAIN $118,000,000. standing, destroy the ecosystems, and and Senator BYRD, and final passage. It On page 15, line 24, increase the amount by scald the soil in a way there is little to seems possible to me, because I know $224,000,000. no recovery for a period of years and some people are trying to catch planes, On page 15, line 25, increase the amount by years. Those are not normal fires. They if we expedite this, we could be through $160,000,000. are abnormal fires, as a result of mas- voting by about 5:20 or something of On page 16, line 7, increase the amount by sive fuel buildup. that nature. $258,000,000. I was visiting with the Senator from On page 16, line 8, increase the amount by I ask unanimous consent the pending $222,000,000. New Mexico, Senator DOMENICI, about amendment be temporarily set aside so On page 16, line 15, increase the amount by the fires in his State. One of those Senator BYRD may offer his amend- $293,000,000. areas that was burned had been dev- ment. On page 16, line 16, increase the amount by astated by beetles. Better than 50 per- The PRESIDING OFFICER. Without $276,000,000. cent of the stand was dead. Yet, be- objection, it is so ordered. On page 16, line 23, increase the amount by $228,000,000. cause of current law and because of AMENDMENT NO. 4040 certain interest groups, we were not al- On page 16, line 24, increase the amount by (Purpose: To improve our water and sewer $312,000,000. lowed to go in and thin and clean and systems, national parks and Everglades, to On page 17, line 7, increase the amount by allow new growth to start. As a result be offset by closing corporate loopholes $265,000,000. of that, fire swept through there and and changes in tax expenditures) On page 17, line 8, increase the amount by destroyed the whole area. Mr. BYRD. Mr. President, I send an $304,000,000. S. 391, the bill that I have worked for amendment to the desk. On page 23, line 15, increase the amount by over a year to craft, visiting with sci- The PRESIDING OFFICER. The $821,000,000. entists, holding hearings, and making clerk will report. On page 23, line 16, increase the amount by sure we build a strong bipartisan ef- The legislative clerk read as follows: $83,000,000. On page 23, line 23, increase the amount by fort, better known as forest health leg- The Senator from West Virginia [Mr. $825,000,000. islation, the kind I want to mark up as BYRD], for himself, Mr. BINGAMAN, and Mr. On page 23, line 24, increase the amount by soon as we get back here in early June LAUTENBERG, proposes an amendment num- $248,000,000. and bring it to the floor for a debate, bered 4040. On page 24, line 7, increase the amount by hopefully it can become law and be- Mr. BYRD. Mr. President, I ask unan- $831,000,000. come the public policy and a new man- imous consent that reading of the On page 24, line 8, increase the amount by agement tool for our U.S. Forest Serv- amendment be dispensed with. $427,000,000. ice. The PRESIDING OFFICER. Without On page 24, line 15, increase the amount by objection, it is so ordered. $838,000,000. It would allow the Forest Service to On page 24, line 16, increase the amount by go in and look at these lands and under The amendment is as follows: $670,000,000. current environmental law assure they On page 3, line 5, increase the amount by On page 24, line 23, increase the amount by have the flexibility to go in and thin $201,000,000. $840,000,000. and remove brush and actually even On page 3, line 6, increase the amount by On page 24, line 24, increase the amount by use fire in a selective way, to assure $408,000,000. $756,000,000. On page 3, line 7, increase the amount by On page 25, line 7, increase the amount by that our forests can regain their health $649,000,000. and regain their vitality in an environ- $845,000,000. On page 3, line 8, increase the amount by On page 25, line 8, increase the amount by mental way and not be swept away and $946,000,000. $838,000,000. destroyed, as the forests we have seen On page 3, line 9, increase the amount by On page 52, line 14, increase the amount by under fire in the last few weeks $1,068,000,000. $1,011,000,000. throughout the Southwest. Of course, On page 3, line 10, increase the amount by On page 52, line 15, increase the amount by in the State of Colorado last week, $1,142,000,000. $201,000,000. when man got in the way of the fire, or On page 3, line 14, increase the amount by On page 52, line 21, increase the amount by $201,000,000. $1,049,000,000. man’s dwellings, they, too, were swept On page 3, line 15, increase the amount by away, as was true in the State of Idaho On page 52, line 22, increase the amount by $408,000,000. $408,000,000. in 1994 when we saw wildfires, as a re- On page 3, line 16, increase the amount by On page 52, line 24, increase the amount by sult of our forest health, that were be- $649,000,000. $1,089,000,000. yond man’s recognition. On page 3, line 17, increase the amount by On page 52, line 25, increase the amount by So I hope when we come back, we can $946,000,000. $649,000,000. join the wisdom of the Spokesman-Re- On page 3, line 18, increase the amount by On page 53, line 2, increase the amount by view newspaper that editorialized yes- $1,068,000,000. $1,131,000,000. On page 3, line 19, increase the amount by On page 53, line 3, increase the amount by terday in my area, in the inland West, $1,142,000,000. saying that we ought to pass S. 395, we $946,000,000. On page 4, line 8, increase the amount by On page 53, line 5, increase the amount by ought to make good public policy, and $1,011,000,000. $1,068,000,000. we ought to allow, once again, strong On page 4, line 9, increase the amount by On page 53, line 6, increase the amount by multiple-use environmental standards $1,049,000,000. $1,068,000,000. to return to our public forests and to On page 4, line 10, increase the amount by On page 53, line 8, increase the amount by the management of those public for- $1,089,000,000. $1,110,000,000. On page 4, line 11, increase the amount by ests. So it is my wish we mark up S. 395 On page 53, line 9, increase the amount by $1,131,000,000. $1,142,000,000. and move it to become public law. On page 4, line 12, increase the amount by I hope in early June we can have it $1,068,000.000. Mr. BYRD. Mr. President, I voted for here on the floor of the U.S. Senate for On page 4, line 13, increase the amount by the amendment that Mr. DOMENICI of- a good debate and passage. $1,110,000,000. fered earlier. It was a good amendment. I yield the remainder of my time. On page 4, line 17, increase the amount by But, unlike the Domenici amendment f $201,000,000. which scattershots funds for many pop- On page 4, line 18, increase the amount by ular programs, my amendment targets CONCURRENT RESOLUTION ON $408,000,000. $1.5 billion for the safe operation of our THE BUDGET On page 4, line 19, increase the amount by parks and $5 billion for the cleanup of $649,000,000. The Senate continued with the con- On page 4, line 20, increase the amount by our water and construction of our sideration of the concurrent resolution. $946,000,000. sewer systems, which are being ne- The PRESIDING OFFICER. The Sen- On page 4, line 21, increase the amount by glected and run down. Our water is ator from Nebraska. $1,068,000,000. dirty; our parks are rundown. This is a S5522 CONGRESSIONAL RECORD — SENATE May 23, 1996 disgrace. There is a $25 billion backlog cal needs. My amendment will not fund necessary allowances are not provided in clean water and sewer needs alone in all of these backlogs, but it will help to address our park requirements, the this country, and the Domenici amend- address the critical requirement for the Interior Appropriations Subcommittee ment does not answer this growing cri- most basic of amenities that each of us will have little choice but to turn to sis. takes for granted every day. other programs in order to find the re- Mr. President, this amendment to The second part of this amendment sources necessary to protect our parks. the budget resolution, which I offer on provides an additional $1.5 billion for This could mean reductions in pro- behalf of myself and Senators BINGA- day-to-day operations in our national grams such as low-income weatheriza- MAN and LAUTENBERG, will provide an parks. These funds will be used for the tion assistance, Forest Service timber additional $5 billion for rural water and services Americans ought to be pro- sales, Smithsonian and other museum sewer programs and $1.5 billion for our vided when they visit their national operations, payments in lieu of taxes, national park system. These funds are parks. Within the amount, $400 million and operations of the Strategic Petro- critically necessary to protect the is for restoration of the Everglades eco- leum Reserve. most basic of services to America. system in South Florida. The need to Mr. President, many Members of All across America, millions of resi- protect the fragile and decaying re- Congress have worked on behalf of dents in rural communities continue to sources of the Everglades has been sup- their constituents to see that park fa- suffer from inadequate water and sewer ported in recent years by both sides of cilities are well-maintained and taken services. This need is a direct link to the aisle. care of properly. When water and sewer health, sanitation, and environmental The National Park Service has been systems fail, they have sought money problems in all States. This need must entrusted with responsibility for 368 to fix the problem. When visitor facili- be addressed to provide economic vital- different historic, cultural, scenic, nat- ties were necessary for new parks, the ity to these regions, to allow new job ural resource, and recreation sites. Appropriations Committee has pro- opportunities, increase the tax base, These locations represent a mosaic of vided the resources to build camp- and improve the quality of life for mil- the most American of resources, from grounds, visitor centers, and rehabili- lions of Americans. the historic sites of our country’s tate historic buildings. But once the Water and sewer loan programs have birth—Independence Hall, Minute Man, construction is over, and the ribbon- a proven track record because of their Valley Forge, and Yorktown—to the cutting ceremonies completed, there is nearly zero-default rate, the best of all celebration of our cultural heritage at still a need to operate these facilities Federal loan programs. The grant por- places such as Aztec Ruins, Fort on a day-to-day basis. tion of these programs allows impover- McHenry, and the Natchez Trace Park- In order to pay for its increase in ished communities and rural areas to way, to the scenic beauty and splendor spending, my amendment provides for provide their citizens the most basic of of places like Yellowstone, the Grand corresponding increases in revenues human services. These are services Canyon, Big Bend, the Everglades, Cra- over the 6-year period of this budget that most Americans take for granted ter Lake, Mount Rushmore, Acadia, resolution. These revenues can be at- every day. and Redwood National Parks. tained by closing corporate loopholes A recent Federal study listed my own But the fate of these parks is depend- and by changes in tax expenditures. State of West Virginia among the five ent on providing the necessary re- I encourage the support of Senators worst States in the Nation in terms of sources to protect the parks—to serve for my amendment. A vote against this the availability of safe drinking water. the visitors; to maintain the buildings, amendment is a vote against the Stat- There are some places in my State roads, and campgrounds; and to house ue of Liberty, Yellowstone, Independ- where the condition of the water sup- the employees who must live within ence Hall, the Grand Canyon, the Ever- ply is appalling, and where people are the national parks. As dollars are fro- glades, and all of the other 360 plus na- relying on water supplies from systems zen or reduced, the parks must still tional park units. A vote against my operating in violation of safe drinking pay for increased costs for people, sup- amendment is a vote against the most water standards, or wells that have plies, equipment, and other tools nec- basic amenities which a civilized coun- been contaminated. In certain West essary to keep the parks open. Failure try can provide for its people, clean, Virginia communities, on some days, to provide the funding for these activi- safe drinking water and adequate sew- tap water runs black, but families, ties means fewer park rangers, deferred age facilities. with no other water source, are forced maintenance, closed facilities and I urge the adoption of my amend- to bathe and launder in it. trails, and possibly dangerous condi- ment. As we approach the 21st Century, we tions for park visitors. The PRESIDING OFFICER. The time must take steps to ensure that vast re- The start of the summer vacation of the Senator has expired. There is gions of our Nation will not be rel- season, is upon us. It is at this time of time in opposition. The Senator from egated to the living standards of a year that Americans load the family New Mexico. Third World Nation. into the car and depart for a visit to Mr. DOMENICI. Mr. President, rel- Mr. President, the estimate is that the parks. Providing operating dollars ative to the budget resolution, the there are 3 million households in the for the National Park Service will help Byrd amendment would increase taxes United States in need of safe, clean keep all sites open, and will contribute and spending by $6.5 billion. I remind drinking water. The estimated cost to to a safer experience for all Americans. everyone, there is nothing in the reso- provide this water is about $10 billion. What does it mean to have inad- lution which would cause a shutdown It is estimated that $3.5 billion is nec- equate resources to maintain the fa- of the national parks. Our resolution essary for drinking water needs deemed cilities which support visitors to the assumes full funding for the parks, for ‘‘critical’’, and the balance for ‘‘seri- parks? Let me provide an example—if rural water service, and for sewer pro- ous’’ requirements. At current levels, the funding isn’t available to pay the grams. only approximately $3.5 billion would people who drive the trash trucks and In addition, might I say, even if you be provided over the next six years to- clean the restrooms in the park camp- think you are voting for the specific ward providing clean drinking water grounds, trash and unsanitary condi- targeted items, this money will go to for our people. tions accumulate. Build-ups of trash the appropriations to be used by the An equally pressing requirement, Mr. can attract bears, which then create a Appropriations Committee where it President, is the need to provide basic safety hazard. The presence of a safety sees fit. We already added $5 billion in sewer facilities for small communities. hazard would cause the Park Service to budget authority and $4 billion in out- Millions of Americans in rural areas close the campground—thereby deny- lays. I think that is fair enough for and small communities live without ing visitors the opportunity to camp in today, and we ought to defeat this adequate sewer infrastructure. The a park they might have driven 1,000 amendment. overall cost estimates to meet these miles in order to visit. The PRESIDING OFFICER. The time needs exceed $20 billion. At least $7.3 In fiscal year 1996, Members from of the Senator has expired. billion should be provided over the next both sides of the aisle urged adequate Mr. BYRD. Mr. President, I ask unan- 6 years to meet some of the most criti- funding for our national parks. If the imous consent to have printed in the May 23, 1996 CONGRESSIONAL RECORD — SENATE S5523

RECORD certain newspaper articles, to- Fewer rangers are at the Sequoia National Yosemite in California—A pothole-spotted gether with a breakdown of the Domen- Park in California, and the season has been road leading to Yosemite’s Lower Pines ici amendment, which was at the table shortened. At another great northern Cali- Campground is unlikely to be repaired this when we voted on that amendment. I fornia park, Yosemite, and at many other year. Work to renovate restrooms and up- parks and recreational areas around the grade the park’s amphitheater has been put voted for it, as I say. I would like to country, trash won’t be picked up or toilets off. Garbage collection and toilet cleaning have a breakdown in there to show cleaned as frequently. have been cut back. Officials hope to repair what those moneys will go for, pur- ‘‘We can no longer do more with less,’’ said flood damage that closed part of the park. ported. Mike Finley, Yellowstone’s superintendent. Hours have been cut back for tours and at There being no objection, the mate- Each year, he complained, the park is ex- visitor centers. Fewer rangers patrol moun- rial was ordered to be printed in the pected to ‘‘absorb increasing costs and main- tainous trails, but spokesman Scott tain the same levels of . . . services’’ for a RECORD, as follows: Gedlman said essential services—law en- growing number of visitors. forcement, clean drinking water, emergency PARKS OFFER MORE MUCK, LESS HELP— Similar sentiments are expressed daily by medical aid—are being maintained. WEATHER, BUDGETS HIT NATIONAL SITES park officials and rangers across the coun- Delaware Water Gap Recreation Area in Fallen trees are left piled by the sides of try. Pennsylvania—The park has been hit by ‘‘a roads. Campgrounds are being closed. Beach- With Congress mindful of the parks’ popu- double whammy,’’ said Bob Kirby, assistant es are full of debris and river muck. And larity, the National Park Service has avoid- superintendent—first the budget crunch, there aren’t as many lectures on how a gey- ed the deep budget cutting faced by some then severe floods that put under water ser erupts. other Interior Department agencies. The much of the 40-mile stretch along the Dela- Tight budgets are bringing hard times to park service received $1.08 billion, about 1 ware River in eastern Pennsylvania. Its America’s national parks and recreational percent more than last year, to operate its budget wasn’t increased, but the park’s costs areas, and a severe winter and flooding in parks and will get an additional $46 million jumped 13 percent. Kirby said extensive many parts of the country are making this for storm and flood damage repairs. storm damage to beaches and trails along spring even worse as park officials prepared But park supporters maintain that more the river must be repaired. Grass isn’t being for the summer vacation rush. money is needed. cut as often, and flooding left debris and mud The budget ‘‘doesn’t keep up with infla- Some of the millions of visitors to the na- on the beaches and inundated public rest- tion,’’ said Paul Pritchard, president of the tional parks this year may be in for a shock room facilities and picnic areas. as they get reduced services or find fewer National Parks and Conservation Associa- Sequola in California—The tight budget park rangers, reduced hours of operation or tion, a private watchdog group. ‘‘It’s not one means fewer park rangers and a shorter sum- parks still cluttered with fallen trees and region. It’s the whole national park system mer season. Park spokeswoman Malinee washed-out trails from winter storms and that is being neglected. Crapsey said many of the recreational facili- The association Tuesday released the find- floods. ties may open a week later than usual. Rang- ings of a poll it commissioned that showed ‘‘Historically, we’ve cut the lawns every ers will conduct fewer tours. Park officials the public by a 4-to-1 margin would not op- week and made the place trim and neat,’’ also are turning more toward private groups pose increasing federal funding for operation said Bob Kirby, assistant superintendent of to help sponsor programs. of national parks. the Delaware Water Gap National Recreation Cape Hatteras Seashore in North Caro- Park superintendents have had to make Area in eastern Pennsylvania. ‘‘Today you lina—Trash collection has been cut in half, tough choices. At most parks the number of see the grass in most places is a foot high. but some slack has been taken up by private seasonal workers—both rangers and mainte- The picnic areas and playgrounds are com- volunteer groups. Park spokesman Bob nance workers—has had to be reduced. Many pletely, with one exception, filled with river Woody said visitor services are being main- parks have cut back in garbage collection flotsam, sticks and mud.’’ tained, and the park has more educational and toilet cleaning. Fewer park rangers are The park, along 45 miles of the Delaware programs than last year. But tourists trying faced with a growing number of visitors and River, attracts nearly 5 million visitors a to call the Hatteras ranger station near the a wider array of law enforcement problems, year, many of them escaping the urban famed striped Hatteras Lighthouse often leaving less time for tours and educational sprawl from New York to Philadelphia. have to talk to an answering machine be- lectures. While costs of operation have jumped 13 per- cause rangers are busy elsewhere. cent, the park’s budget has stayed the same. ‘‘All the parks are struggling,’’ said Elaine Sevy, National Park Service spokeswoman Acadia in Maine—Eight or nine fewer sum- Federal officials and private watchdog mer employees are being hired, and fewer na- groups say deterioration and money short- in Washington. She said more than 900 authorized jobs are unfilled throughout the ture briefings and tours are being conducted ages are imperiling parks across the country by park rangers. But most visitors ‘‘will not as superintendents have had to make harsh system because there’s no money to pay for them. notice any reduction in service,’’ said Len choices on how to meet expenses. Often it Bobinchock, the park’s deputy superintend- means reducing the number of rangers and PARKS HIT IN THE POCKETBOOK ent. ‘‘These programs are so popular, we’ve other workers. A sampling of conditions at national had to put a limit on the number of people ‘‘Everybody likes ribbon cutting. Nobody parks, monuments and recreational areas who can participate anyway.’’ Hours are not wants to fix the roof,’’ said Roger Kennedy, around the country: being changed. director of the National Park Service. Great Smoky Mountains in North Caro- Crater of the Moon in Idaho—Park officials This summer some of those problems will lina-Tennessee—Two of 10 campsites and ad- say they haven’t been hit very hard. The begin to have an impact on park visitors, joining picnic areas are closed and won’t area features a broad swath of lava forma- whose numbers are expected to exceed 270 open this summer. Both remote, they are the tions from old volcanoes, and some walking million this year. 92-site Look Rock Campground in Tennessee trails have buckled and need to be repaired. ‘‘Visitors are going to find trails closed. and the 46-site Balsam Mountain Camp- The monument is building a scenic motoring They’re going to find portions of parks ground in North Carolina. The number of loop, and some areas may be closed by the closed, campgrounds closed.’’ Kennedy said. seasonal maintenance workers has been cut construction. ‘‘They’re going to see signs that say ‘Don’t from 65 to 48, the number of seasonal rangers drink the water’ in some places. They’re from 10 to three. One of the three visitors IT’SA FACT: RURAL AMERICA STILL EXISTS going to find there are no ranger talks. The centers has been turned over to a private (By Larry Rader, Program Specialist) little things that make these places group to operate. Cleanup from extensive parklike’’. winter storm damage has been postponed. [From West Virginia Rural Water Problems are everywhere. Some will not be completed this summer, al- Magazine—Spring 1996] At Yellowstone in Wyoming, tow museums though $1.4 million recently was allocated to It was a dreary, rainy February day, the have been closed. A shortage of park rangers the effort. kind you only find at the bottom of a deep means visitors are left largely on their own Yellowstone in Wyoming—The Norris hollow and I was standing in mud up to my in the massive park’s northern sector. Lec- Campground will be closed in the northern ankles looking at a dilapidated water treat- tures at the Norris Geyser Basin Museum on part of the park, eliminating 116 of 2,100 ment plant. I had been in this same scene a how a geyser works are a thing of the past. campsites. Two museums in the same area— hundred times over the past ten years, but At Delaware Water Gap, workers are strug- Norris Geyser Basin Museum and the Mu- this time there was something different. I gling to fix the damaged toilets inundated by seum of the National Park Rangers—are had company and a lot of it. Jim Anderson of floodwaters, and only a last-minute infusion closed. Visitors can travel in the northern RECD (I’mIIA to those of us who can’t get of $43,000 prevented the firing of the park’s area but have neither tours nor ranger brief- used to the name change) had called me the lifeguards. ings available. Seasonal employees will work previous week and requested that I take part To save money, 2 of the 10 campsites at the shorter schedules, and garbage collection is in a fact finding tour of McDowell County, Great Smoky Mountains National Park in less frequent. A four-hour hike to the pet- West Virginia on February 22, 1996. Jim is North Carolina and Tennessee won’t open rified forest on Specimen Ridge is being dis- RECD’s state project officer for Water 2000. this summer. There are three seasonal rang- continued. A ban on overtime has delayed The Water 2000 initiative is a combined ef- ers instead of 10, and 17 fewer maintenance snowplowing, keeping some roads blocked fort of federal, state and local agencies com- workers. later than normal. mitted to providing potable drinking to all S5524 CONGRESSIONAL RECORD — SENATE May 23, 1996 rural residents of the United States by the Jim Anderson, Rural Development Coordi- the municipal water system in Marlinton, year 2000. nator, RECD WV. less than a mile away. But neither the state The McDowell fact finding tour was initi- Terri Smith Legislative Assistant, Senator nor the local governments can afford to pay ated by Senator Robert C. Byrd and planned Robert C. Byrd’s Office, Washington, DC. for the pipes or the pumps to carry the water by Bobby Lewis, State Director of RECD. Dawn Dunnings, AmeriCorp. up the valley. Mr. Lewis is from McDowell county and Sanjay Saxena, Program Coordinator, Na- ‘‘I hope I live long enough to get safe water rightly felt that this area of the state typi- tional Drinking Water Clearinghouse, Mor- in this house,’’ said Ms. Barlow, 55, who says fies many of the problems facing not only gantown, WV. she has to clean her sinks and toilet twice a West Virginia, but rural areas across the day to deal with rust-colored stains that the country. Senator Byrd is also from a rural STATE’S DRINKING WATER SUPPLY water from the well leaves behind. area of Raleigh County and realizes that the WORSENING, STUDY SAYS State officials say no medical problems view from Washington sometimes becomes a (By Julie R. Cryser) can be traced to the water, but Ms. Barlos is little clearer when taken from the bottom of It would take $162.3 million to clean up and not taking any chances. She uses the well a hollow in the mud and rain. The tour con- provide potable water to approximately water only for washing and buys drinking sisted of both staff members and elected offi- 79,000 West Virginians, according to a study water in 69-cent gallon jugs at the Foodland cials federal, state and local. Those who conducted by a federal agency. grocery store in Marlinton. needed help and those who could provide it, From small communities like It would take another $405.7 million to all in the same hollow, same rain, same mud Campbelltown to isolated hollows with no meet the worsening, but not yet critical, and same good spirits. It was an opportunity names, access to reliable supplies of clean drinking water supply situation of about to reaffirm the existence of rural America drinking water has long been a problem in and its needs. McDowell County PSD oper- 476,000 West Virginians. And amid all of these problems, the federal West Virginia. The state’s rugged geography, ates a mish-mash of twelve dilapidated sys- government is cutting federal grants and coupled with the endemic poverty of rural tems abandoned by various coal companies loans for water projects. West Virginia will Appalachia, has strictly limited the ability over the years. System personnel must trav- lose approximately $5 million in loans and of both local and state government to extend el 120 miles each day just to check the small $3.2 million in grants for water and sewer water lines everywhere. Neither the state treatment plants. And forget water loss per- projects in 1996, according to Bobby Lewis, nor the Federal Government is required to centages! Just keeping water in the decaying state director for Rural Economic and Com- connect isolated residents to existing water lines is a triumph. It is a minute by minute munity Development. systems, and, given the nation’s tight-budget struggle most of us could never envision. environment, money to build water or sew- Water quality and quantity in the old sys- ‘‘The cuts overall are devastating to a state like West Virginia that has always age systems to our spur economic develop- tems are inconsistent at best, however, right ment in rural areas is likely to become in- smack in the middle of this drinking water been at the bottom of the list for funding for projects,’’ Lewis said. creasingly scarce. nightmare sets two water treatment facili- ‘‘We just can’t do everything,’’ said W.D. ties which would be the pride of any commu- These figures come from the West Virginia Water 2000 assessment, part of the Clinton Smith, a director of the Appalachian Re- nity. The new facilities at Coalwood and gional Commission, a Federal agency that Caretta, both treatment and distribution, administration’s high-priority Water 2000 initiative. The program is aimed at provid- helps promote economic development but is were designed by Stafford Consultants and a perennial target of budget-cutters in Con- completed in 1994. Almost overnight 350 ing safe drinking water to the 1 million Americans without water piped directly into gress. households had access to something most Mr. Smith said that with so many commu- their homes. people take for granted, a dependable supply nities seeking financing for new systems, Clay, Barbour, Boone, Fayette and Lincoln of safe drinking water. Although the only those that can demonstrate an unusu- counties are ranked as the counties with the Coalwood and Caretta systems were funded ally urgent need or immediate economic ben- worst drinking-water problems in the state, primarily through RECD in the form of loans efit will succeed. Lewis said. Most of the problems stem from and grants, McDowell PSD has applied to ‘‘We’ve got a third-world situation here,’’ untreated water or people using wells that ARC, AML, Small Cities Block Grants as he said. ‘‘I’ve seen human suffering, old peo- are semicontaminated or not treatable, he well as RECD, all of whom were represented ple, people coming to me in tears. But I al- said. on that wet day in an attempt to upgrade the ways have to ask them, ‘What’s so unusual The study was conducted by the U.S. De- remaining 12 communities. about your situation?’ It’s not enough any- partment of Agriculture and state and local Rural people have always been willing to more just to say they don’t have any water.’’ share in the cost of providing essential serv- government agencies. The West Virginia A recent study by the Agriculture Depart- ices. However, they must have access to Rural Water Association and the Regional ment concluded that more than a million agencies, both federal and state, which un- Planning and Development Council helped to people living in rural sections around the derstand their problems and are sympathetic develop a list of more than 200,000 households country, including large parts of the Mis- to the uniqueness of their situation. with water that is undrinkable. sissippi Delta and areas along the Mexican ‘‘There are still people out there we didn’t Beginning in the 1950’s RECD for instance, border, did not have clean drinking water get on our list,’’ Lewis said. has provided over $203,000,000 in low interest piped into their homes. But experts say no He estimates that at least half of West Vir- loans and grants to over 200 water and waste other state has so large a percentage of its ginians have water systems that pump out water systems statewide and is either wholly population unserved by municipal systems as water that should not be consumed. or partially responsible for most of the rural West Virginia. By the state’s own estimate, ‘‘Some places you can hardly bathe in it,’’ systems built in West Virginia since that almost a quarter of its 1.8 million people time. But you occasionally need to remind he said. Lewis said the study will help draw atten- have no access to municipal water, and 40 other people that not only does the need still tion to deplorable water conditions in the percent are not served by public sewerage. exist, so do the possibilities. West Virginians who do not get municipal state. The project could also help qualify We are very proud that WVRWA was in- water rely mostly on wells; in places, a sin- some areas for USDA-funded projects under cluded in the February 22, 1996 Fact Finding gle well serves an entire community. Water the Water 2000 project guidelines. Tour of McDowell County. We are always drawn from these wells must in some cases ‘‘There is a serious need for some type of ready to plead the case for rural America be boiled or chemically treated to remove assistance for these small communities in and it gave me the opportunity to visit with impurities like contaminants that seep into rural West Virginia,’’ he said, ‘‘If you don’t people who can and do make a difference. As underground water reservoirs from aban- have water, you can’t attract industry or always, I am extremely proud of the people doned coal mines. People living near active people.’’ at McDowell PSD. Jeannie, Ralph, Bill, mines are especially vulnerable to pollution; Randy, the other employees along with that even subtle shifts in rock formations can WHERE THE COMMONPLACE IS PRIZED—QUAR- PSD Board of Directors and the McDowell unloose new contaminants into the aquifers TER OF WEST VIRGINIANS LACK ACCESS TO County Commission are proof that it can that supply well water, or even destroy the MUNICIPAL WATER work in rural areas. Many of us never doubt- aquifers. ed it. (By Michael Janofsky) Despite Senator Robert C. Byrd’s legend- FACT FINDING TOUR MCDOWELL, COUNTY— For nearly a century, most residents of ary ability to funnel Federal money home FEBRUARY 22, 1996 PARTICIPANT LIST this tumbledown mountain hamlet have been for West Virginia’s highway system and Bobby Lewis, State Director, RECD-WV. drawing their drinking water from a com- other programs, officials say state agencies John Romano, Assistant Administrator, mon well on a hillside just above the town’s have only recently focused on water and sew- Rural Utilities Service, Washington, DC. 70 houses. erage needs to bolster economic develop- Galen Fountain, Minority Clerk, Sub- Three years ago state officials found that ment. Last year, voters approved a $300 mil- committee on Agriculture & Rural Develop- the water was contaminated with pollutants, lion bond issue for water and sewerage. ment, Senate Appropriations Committee and issued an order to boil it before drink- ‘‘More people are being served now,’’ said Senator Dale Bumpers’ (D-AK) Office, Wash- ing. Amy Swann, a division director at West Vir- ington, DC. Like most other people in Campbelltown, ginia’s Public Service Commission. ‘‘But Ralph Goolsby, ARC Program Director, Carroll Barlow says it is high time that she there will always be people who won’t be WV Development Office, Charleston, WV. and her neighbors are finally hooked up to served. It’s just too expensive to spend $1 May 23, 1996 CONGRESSIONAL RECORD — SENATE S5525 million to construct a water line to hollows lower income, remote rural communities The PRESIDING OFFICER. Is there a where 12 people live.’’ with the nation’s most pressing drinking sufficient second? State officials say water problems exist in water quality and quantity problems. The There is a sufficient second. all 55 of West Virginia’s counties but most USDA’s water and sewer loan program, in its The yeas and nays were ordered. acutely in the rugged eastern half of the 55-year history, has loaned out $14 billion, state. Here, amid thick forests of maple, elm and lost only $14 million—a loss rate of one- The PRESIDING OFFICER. The and oak trees, gurgling rivers and dazzling tenth of one percent. question is on agreeing to the amend- scenic overlooks, dozens of small commu- Wally Beyer, Washington-based adminis- ment. The yeas and nays have been or- nities, some with fewer than 100 residences, trator of the RUS, said that West Virginia dered. The clerk will call the roll. straddle narrow mountain roads that once water and sewer projects received $16.8 mil- The legislative clerk called the roll. served rich coal mines and timber fields. lion in loans and $10.5 million in grants in Mr. FORD. I announce that the Sen- fiscal year (FY) 1995 from this federal source. The coal and timber industries are long ator from Arizona [Mr. BUMPERS] is Approximately 60 percent of those funds past their peak, but many of the children necessarily absent. and grandchildren of the workers remain, were invested in safe drinking water drawing from the same wells or roadside projects. According to Beyer, based on fund- The PRESIDING OFFICER (Mr. springs, some in use for more than 60 years. ing cuts recently approved by Congress and ABRAHAM). Are there any other Sen- Most of the people are now too old, too poor signed into law, West Virginia will lose ap- ators in the Chamber desiring to vote? or too proud to move. proximately $5 million in loans and $3.2 mil- The result was announced—yeas 45, In Marlinton itself, the latest problem is lion in grants for such projects in FY 1996, nays 54, as follows: which started on October 1. that officials do not have the $3 million [Rollcall Vote No. 155 Leg.] needed to carry water from the town’s water ‘‘These cuts will hurt rural West Virginia YEAS—45 plant to the new hospital, which was built on towns that need to invest in very basic com- a hill to keep it high and dry above the munity drinking water improvements for Akaka Ford Lieberman flood-prone banks of the Greenbrier River. their residents.’’ Beyer said. ‘‘At the level of Baucus Glenn Mikulski For now, the hospital, scheduled to open funding the Congress has provided for 1996, it Bingaman Graham Moseley-Braun will take at least 14 years to solve West Vir- Boxer Harkin Moynihan this summer, will draw its water from the Bradley Heflin Murray well that serves the local school, across the ginia’s most critical rural drinking water problems, and at least 35 years to make all of Breaux Hollings Nunn street. ‘‘We’re struggling to find the fund- Bryan Inouye Pell ing,’’ said Douglas Dunbrack, the Marlinton the improvements identified in the just-com- Byrd Johnston Pryor Mayor, who doubts that the well water sup- pleted Water 2000 assessment.’’ Conrad Kennedy Reid ply will be adequate for the hospital, in- Daschle Kerrey Rockefeller RURAL WATER NEEDS TO BE ADDRESSED tended to serve some 9,000 people in eastern Dodd Kerry Sarbanes A U.S. Department of Agriculture official Dorgan Kohl Simon West Virginia. ‘‘We need a big-time grant, Exon Lautenberg Simpson but there’s just no money available.’’ will be in McDowell County today, examining rural drinking water needs, Sen. Robert Feingold Leahy Wellstone Feinstein Levin Wyden C. Byrd’s office reported. WATER SUPPLY UNSAFE FOR MANY WEST John Romano, USDA assistant adminis- NAYS—54 VIRGINIANS trator for rural utilities service, will be Abraham Faircloth Mack The U.S. Department of Agriculture joined in his tour by local leaders including Ashcroft Frist McCain (USDA), through its Rural Economic and Bobby Lewis, the USDA’s state director for Bennett Gorton McConnell Community Development (RECD) offices in Rural Economic and Community Develop- Biden Gramm Murkowski West Virginia, has completed a four-month ment. Bond Grams Nickles assessment of the state’s most pressing safe ‘‘In follow-up to a recent study conducted Brown Grassley Pressler drinking water system investment needs. by the USDA on the nation’s water needs, Burns Gregg Robb The assessment is part of the Clinton admin- which ranked West Virginia among the five Campbell Hatch Roth states in greatest need of safe drinking Chafee Hatfield Santorum istration’s high priority Water 2000 initia- Coats Helms Shelby tive, which, according to RECD state Direc- water, I urged Agriculture Department offi- Cochran Hutchison Smith tor Bobby Lewis, ‘‘aims to deliver safe drink- cials to take a fact-finding trip to West Vir- Cohen Inhofe Snowe ing water to the estimated one million rural ginia,’’ Byrd said in a prepared statement. Coverdell Jeffords Specter Americans currently living without water Byrd said current funding for the rural de- Craig Kassebaum Stevens piped directly into their homes.’’ velopment portion of the USDA cannot keep D’Amato Kempthorne Thomas In a related development, the U.S. Con- up with the demand for safe drinking water, DeWine Kyl Thompson yet it is one of the programs suffering in the Dole Lott Thurmond gress recently sent to President Clinton a Domenici Lugar Warner 1996 appropriations bill that produces a 30 battle for a balanced federal budget. percent funding cut below 1995 levels for safe ‘‘It is important for federal officials to un- NOT VOTING—1 derstand the challenge we are certain to face drinking water and sanitary sewer project Bumpers construction. if our nation continues to neglect our infra- West Virginia’s Water 2000 assessment restructure investment deficit,’’ Byrd said. The amendment (No. 4040) was results show that the state’s rural towns have jected. DOMENICI AMENDMENT come a long way in solving their safe drink- Mr. LEAHY. Mr. President, I cannot ing water problems over the past quarter Increase non-defense discretionary spend- support this budget resolution for 1997 century, but still have a lot of gaps to fill. ing limits in FY 1997 by: $5 billion in budget fiscal year. According to the results, the 50 West Vir- authority, $4.1 billion in outlays. While I am encouraged that the ma- ginia communities with the most pressing Changes (in millions) the following areas in FY 1997: jority was able to moderate their bal- needs require a combined investment of anced budget plan from last year be- $162.3 million to serve approximately 79,000 people who now have serious drinking water cause of stronger economic estimates quality or quantity problems. Additionally, from the Congressional Budget Office, Budget some $405.7 million will be required to meet Authority Outlays this budget resolution still falls short. the worsening but not yet critical drinking It cuts Medicare and Medicaid more water supply situation of some 476,000 West Science, Space ...... 200 100 Energy ...... 900 200 than is necessary to achieve a balanced Virginians in 443 communities. Agriculture ...... 300 200 budget. And it cuts education and envi- The Water 2000 assessment was conducted Commerce and Housing ...... 400 300 ronment funding while increasing de- by USDA’s West Virginia-based personnel, Transportation ...... 1,500 700 Comm. and Reg. Dev ...... 1,100 100 fense spending—which is unacceptable together with state and local government Services ...... 1,700 800 agencies, and representatives of two non- Health ...... 300 600 in today’s post-cold war world. profit organizations—the West Virginia Medicare ...... 200 200 This Republican budget cuts Medi- Income Security ...... 400 200 Rural Water Association and the Regional Net Interest ...... 100 100 care by $167 billion, $50 billion more Planning and Development councils. Allowances ...... ¥2,100 900 than the President’s budget over the Historically, the USDA’s water and sewer Total adds ...... 5,000 4,100 next 6 years. These cuts would reduce loan and grant program has been the pri- Medicare spending growth per-bene- mary funding source for rural communities The PRESIDING OFFICER. The ficiary far below projected private sec- seeking to improve their public health, job question is on agreeing to the amend- tor growth rates. I am disappointed development and fire protection situations by constructing and improving water and ment. The yeas and nays have not been that the majority persists in cutting a sewer systems. The USDA’s Rural Utilities ordered. program that is vital to 83,000 Ver- Service (RUS), as part of Water 2000, has Mr. EXON. I ask for the yeas and monters, 12 percent of whom live below begun to better target its loans and grants to nays. the poverty level. S5526 CONGRESSIONAL RECORD — SENATE May 23, 1996 The Senate Republican budget reso- mains silent on corporate welfare. ing causes of our budget problems, in lution ignores the fact that it is not Closing tax loopholes should be part of considerable detail. Perhaps the Com- just Medicare costs that are rising. All any fair balanced budget plan. mission’s most important finding was health care costs are rising. And by Finally, the Republican plan includes that, unless we begin to act now, the just cutting Medicare—and Medicaid $17 billion in cuts to the earned income portion of the gross domestic product for that matter—a huge cost-shift of tax credit, which helps low-income of the United States consumed by the medical expenses will result and make working families stay off welfare and Federal Government will rise from ap- sure that all Vermonters pay more for out of poverty. The President’s budget proximately 21.4 percent of GDP in 1995 health care. proposes only $5 million in reforms to to over 37 per cent of GDP by the year The Republican Medicare cuts are cut down on earned income tax credit 2030. short sighted. Simply cutting Medicare fraud. Now, thinking about percentages of does not make its problems go away. This Federal tax increase will raise GDP is not very meaningful to most To reduce Medicare costs, we must re- taxes in seven States that have a State Americans. It might be useful, there- duce health care costs throughout the earned income tax credit tied to the fore, to think about what that figure system, which can only be achieved by Federal credit, including my home might mean for the Federal Govern- true health care reform. I look forward State of Vermont. The resolution could ment and Federal deficits if we trans- to sitting down at a table with Mem- raise both State and Federal taxes on late those percentages into the fiscal bers from both sides of the aisle and 27,000 Vermont working families earn- year 1995 Federal budget. hammering out a plan to deal with the ing less than $28,500 a year. It is very In fiscal 1995, the Federal Govern- issue of comprehensive health care re- doubtful that the Vermont General As- ment spent approximately $1.5 trillion form. But in the meantime, simply cut- sembly can afford to increase the State dollars. If that year’s budget took up 37 ting Medicare is not the answer. earned income tax credit to make up percent of GDP, as the Commission This Republican budget includes $72 this loss, with even more Federal cuts forecast for 2030, total fiscal year 1995 billion in Medicaid cuts, $18 billion on the way. spending for the Federal Government more in cuts than the President’s budg- At a time when many working Amer- would have been over $1.15 trillion et over the next 6 years. The resolution icans are struggling to make ends higher, or $2.65 trillion. The Federal does not describe how these savings meet, the Senate Republican budget deficit would explode from the $163 bil- would be achieved, but it appears the would hike Federal taxes on low and lion actually reported in fiscal 1995 to Republicans still intend to block grant moderate-income working families. It over $1.3 trillion. The Federal deficit, under this scenario, would amount to Medicaid. This will simply blow a hole would also raise some State taxes on almost 87 percent of the total amount in the safety net for our most neediest these same working families. This is a the Federal Government actually spent citizens. double whammy on working families. This Republican budget also proposes Mr. President, this budget resolution in fiscal 1995. Domestic discretionary spending capping the Federal direct student loan is better than last year’s extreme budg- would not account for a single penny of program at 20 percent of loan volume. et, but it still cuts programs for elder- that increase; It would consume only Since schools participating in the di- ly, young, and low-income Vermonters $252 billion of that theoretical budget, rect loan program currently handle 40 more than is necessary to balance the budget. We can do better than this or approximately 11 percent of total percent of loan volume, many will be Federal spending. Nor would defense forced out of the program. The resolu- budget. Ms. MOSELEY-BRAUN. Mr. Presi- spending account for any part of that tion only increases overall education dent, on April 23, 1996, the Senate, by a increase. It would continue to account funding by $3 billion over a freeze base- vote of 100 to 0, passed the Health In- for only $273 billion of the total $2.65 line over the next 6 years—hardly an surance Reform Act, a bill that will trillion budget. investment in the one of the Nation’s make health insurance more available What would increase is interest on most important resources. the national debt, which would more Unfortunately, the majority refused to more Americans, end job lock, and end concerns regarding pre-existing than triple from the $232 billion the to moderate its cuts in protecting the Federal Government actually spent on environment during debate on this res- conditions. That same bipartisan approach is what is needed now if this interest expense in fiscal 1995 to almost olution. Compared to the President, $700 billion. Social Security would dou- the Republican budget cuts overall Senate is to do what the American people expect us to do—restore real, last- ble from the roughly $330 billion actu- funding for environment and natural ally spent in fiscal 1995 to well over resources programs by 16 percent in the ing discipline to the Federal budget. In the last Congress, I served on the $650 billion. Medicare would also dou- year 2002. The Republicans cut Na- Bipartisan Commission on Entitlement ble, from approximately $150 billion to tional Park Service operations by 20 and Tax Reform. The first finding in over $310 billion. And Medicaid would percent. Compared to President, the that Commission’s interim report to double as well, going from $90 billion to Republican budget cuts funding for the President, which was overwhelm- $180 billion. EPA’s enforcement and operations by ingly endorsed by both the Democratic That kind of budget is impossible. 23 percent in the year 2002. The Federal Government could not sell The people of the United States never and Republican members of the Com- mission, stated: the new Government bonds that would voted to gut environmental spending in be necessary to support deficits of that the last election. They overwhelmingly To ensure that today’s debt and spending commitments do not unfairly burden Ameri- size. Essentially, the Federal Govern- want to make sure Government pro- ca’s children, the Government must act now. ment would have to declare bank- vides basic safeguards for a clean envi- A bipartisan coalition of Congress, led by the ruptcy long before the budget ever ronment. This is a job that Govern- President, must resolve the long-term imbal- reached that point. The members of the ment can do and needs to do. ance between the Government’s entitlement Commission, of course, all knew that. The environment will not take care promises and the funds it will have available But it was the Commission’s judg- of itself. We have to step up and be re- to pay for them. ment—one that I fully endorsed—that sponsible about the future we pass to The Commission, however, did much it was important to lay out the budget our children. We must not step back more than simply make a rhetorical trends the Federal Government is fac- from the bipartisan commitments case for bi-partisan cooperation to ad- ing, because only then can the Presi- made in the past 25 years to protect dress our budget problems. It also did dent and Congress, working together, our air, water, streams, and natural re- extensive work to document the nature do something to change those trends. sources. of the budget problem we face, because The Commission’s work, however, did Moreover, this budget ignores cor- no consensus solution to our budget much more than identify the trends, porate welfare. President Clinton pro- problems is possible unless there is though. The Commission went on to posed that $40 billion be raised from first a consensus on what our real clearly lay out the underlying causes corporate reforms and loophole closing budget problems are. for those trends—rising health care legislation. But the majority has caved The Commission laid out the kind of costs and the aging of the baby to special interests, and its budget re- budget future we face, and the underly- boomers. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5527 The Commission found that Federal proach that gave us three Government Domestic discretionary spending is health care expenses rose by double shutdowns, 13 continuing resolutions not the only area where this budget digit rates in the late 1980’s and early funding the Government for as little as resolution falls short. In Medicare, it 1990’s, and it forecast that total Fed- a day at a time, and, in the end, no real proposes reductions in spending that eral health care expenses would triple progress toward dealing with our most total $167 billion, cuts that are, at the to 11 percent of GDP by the year 2030, significant budget problems. same time, too large and too small. unless appropriate policy changes are This is a large budget resolution, and That may seem like a contradiction, made. Even more frighteningly, it it covers six fiscal years, but it is easy but it’s not. And the reason it is not found that total Federal health care to tell it is not based on the Bipartisan goes back to the underlying forces expenses will at least double as a per- Commission’s analysis of our budget driving up federal spending—health centage of GDP even if health care cost problems. This budget resolution, for care inflation and demographics. inflation is brought under control. example, obtains fully half of its defi- We need to sit down together on a bi- Changes in the American population cit reduction from domestic discre- partisan basis, and to work together to are even a more powerful engine, one tionary spending. develop an approach to Medicare—and that is driving overall Federal spending Mandatory spending—principally So- for that matter, Medicaid—that will ever-higher. Americans are now living cial Security, Medicare, Medicaid, fed- actually reduce the Federal health care much longer than they did in 1935 when eral retirement, and interest on the na- cost inflation rate. Then, based on Social Security began. The average life tional debt—has risen from 32.4 percent what we believe we can actually expectancy was 61.4 years then. It is of the total Federal budget in 1963 to achieve, we should include those sav- 75.8 years now, and it is projected to be 64.1 percent now, and it will account ings in the budget resolution. This res- 78.4 years by 2025. In 1935, the life ex- for fully 72 percent of the Federal budg- olution does exactly the opposite. It pectancy of a person reaching the age et in the year 2003. Domestic discre- sets an arbitrary amount of budget of 65 was 12.6 years. Now it is 17.5 tionary spending, on the other hand, savings, and essentially caps Medicare years, and by 2025, it will be 18.8 years. has been shrinking as a percentage of spending, without knowing what those These figures represent a real tri- the total Federal budget, and it has arbitrary caps will do to quality of umph for our American community. been generally stable as a percentage care, access to care, affordability of What they tell us is that the American of GDP. It is not the primary source of care, or choice of provider. And while it system works. But these figures also our budget problem. At roughly 17 per- does not increase direct costs to bene- help explain why that triumph is not cent of the overall Federal budget, it ficiaries, it does assume major cuts in cost-free. In 1990, there were almost certainly does not account for 50 per- payments to hospitals and home health five workers for each Social Security cent of our budget problem. providers that serve beneficiaries, retiree; by the year 2030, there will be Perhaps the most compelling way to which will clearly have an impact on less than three. More and more people demonstrate that fact is to go back to quality and access. are drawing Social Security benefits, the Entitlement Commission’s report. Moreover, the figures in the resolu- and drawing them for a longer period. The Commission found that after the tion are not based on any real analysis More and more people are using Medi- year 2012, even if every single domestic of how much health care inflation can care and Medicaid, and using them for discretionary spending program is cut be reduced, and how much time it will a longer period of time. And those facts to zero, and even if the Defense Depart- take to accomplish. Instead, the reso- mean higher costs. ment’s budget is cut to zero, the Fed- lution is like an old Soviet 5-year These are the fundamental truths we eral Government would still run defi- plan—except it covers 6 years. It sim- must all face, Mr. President, if we real- cits every year thereafter, unless we ply says this shall happen. Like the old ly want to address our budget prob- act to address our core budget issues. Soviet 5-year plans, therefore, it has lems—if we really want to balance the The American people do not want only the vaguest connection with eco- budget in a way that makes sense and that to happen, Mr. President. They do nomic—and in this case, health care— that will work. We have to decide to- not want the Federal Government to be reality. gether—on a bipartisan basis—what without resources to address important At the same time, however, the pro- our priorities are, what we think Gov- national priorities like education and posals assumed in the budget resolu- ernment can do and must do, and what the environment. They know that Fed- tion do not in any way come to grips we are willing to pay. The only way to eral investment in education is a pub- with the underlying demographic make these decisions is to be honest lic good. They know that Federal in- trends, which is why they are both too large and too small. They start at lev- with the American people about what vestment in highways and mass transit els higher than can be justified based the problems are, and about what var- and aviation safety is a public good. on reining in health care inflation, but ious options for solution of these prob- They know that Federal investment in they do not even attempt to begin to lems would entail. health research is a public good. They I would like to be able to say that know that Federal stewardship of our anticipate what needs to be done to the resolution now before us is based national parks, including such national handle the retirement of the baby on that kind of bipartisan approach to treasures as Yellowstone and the boomer generation. We have to do bet- the budget issue. I would like to be Grand Canyon, represents a public ter than that. This resolution also contains a tax able to say that it is based on the bi- good. And they know that Federal ac- cut. It is a smaller tax cut than in last partisan analysis contained in the tion to protect our environment and year’s resolution, but it suffers from Commission’s report. And I would like clean up our air, our water, and toxic the same flaws. I am the first to agree to say that it is an attempt to present waste sites is a public good. that Americans ought to have more When American communities experi- the American people with a set of pro- money in their pockets. More and more ence floods, or hurricanes, or tornados posals that face the underlying budget Americans are being priced out of the or earthquakes, they want the Federal trends and their causes, but I cannot. American dream. More and more Amer- The American people want biparti- Government to be able to act. What icans are losing their ability to pur- sanship in approaching our budget they don’t want is a situation where chase a home, a new car, or to provide problems. Unfortunately, however, this the Federal Government is unable to a college education for their children. budget is not a bipartisan budget. It act because of our failure to address It is clear that more and more Ameri- does not reflect an agreement between the Federal Govenment’s budget prob- cans are being priced out of the dream Congress and the President, or even be- lems. Yet, if deficit reduction efforts market. Between 1980 and 1995, for ex- tween the Democrats and Republicans continue to focus in such a dispropor- ample: here in the Senate. Instead, as the tionate way on this already shrinking straight party line vote in the Budget of the Federal budget, while avoiding the average price of a home increased from about $76,000 to over $150,000, an increase of Committee on this resolution dem- coming to grips with the real budget more than 100 percent; the average price of a onstrated, it is instead based on the problems in the mandatory spending car went from about $7,000 to about $20,000, partisan approach to the budget that part of the budget, that will be the in- an increase of over 285 percent, and the num- was so in evidence last year—an ap- evitable result. ber of weeks an American had to work to pay S5528 CONGRESSIONAL RECORD — SENATE May 23, 1996 for the average car increased from about 18 long-term, and if we keep our focus on and Natural Resources Committee has weeks to over 27 weeks, an increase of about the priorities of the American people, a limited amount of mandatory pro- 150 percent; and the cost of a year’s tuition we can address our budget problems in grams under its jurisdiction to target at a publicly supported college increased from $635 to $2,860, an increase of almost 450 a way that will allow this great Nation for savings as part of a reconciliation percent, and a year’s tuition at a private col- to protect the retirement security of bill. With the exception of privatizing lege increased from an average of $3,498 to Americans—now and in the future. We the Power Marketing Administrations, $12,432, an increase of 355 percent. can do so in a way that will allow the a proposal that was soundly rejected These cost increases have continued United States to meet the health care during last year’s debate, I might add into the 1990’s, but income growth has priorities of Americans—now and in with the Senator Montana’s leadership. not kept pace. Economic stagnation the future. And we can do so in a way I can think of no other policy under and rising income disparity are now that retains resources for other essen- their jurisdiction that could generate a facts of life. Just last month, for exam- tial investments—like education and $1 billion in savings. ple, it was reported that Americans the environment. Mr. BAUCUS. Since this is indeed the now have to work a record number of The budget resolution now before case, I wonder why our friends on the weeks—27, as I stated earlier—to pur- this Senate cannot accomplish these Republican side were not willing to chase a new car. What that fact means, goals because it is not bipartisan and highlight their proposal to drill for oil of course, is that more and more Amer- because it is not based on the budget in the Arctic Refuge as the leading as- icans are being pushed out of the new realities we are facing. I urge my col- sumption in their report, given the fact car market altogether. leagues, therefore, to join me in voting that it accounts for 75 percent of the Given these cost trends, Americans to put this resolution aside. And much savings for the Energy and Natural Re- justifiably want to see higher take- more importantly, I urge my col- sources Committee? home pay. Government can make an leagues to come together in a biparti- Mr. EXON. It might be due to the important contribution that can help san way to begin the process of putting fact that a clear majority of the Amer- Americans achieve that goal by helping together the kind of budget the Amer- ican people do not support opening up to create a climate where productivity ican people expect of us. the Arctic National Wildlife Refuge for can increase, because increases in pro- THE ARCTIC NATIONAL WILDLIFE REFUGE [ANWR] oil and gas exploration. It appears to ductivity lead to increases in wealth, Mr. BAUCUS. Mr. President, I would me that the Republicans are trying to and because in our country, it is pri- like to engage in a colloquy with the find a clever way to cover up all the vate markets, and not Government ranking member of the Budget Com- damage their budget will do to the en- fiat, that determines people’s incomes. mittee on the issue of ANWR? vironment. Some people may assume that tax Mr. EXON. Mr. President, I would be Senator BAUCUS. I believe that the cuts automatically increase productiv- happy to. Senator from Nebraska is correct. The ity, but it is worth remembering that, Mr. BAUCUS. It has come to my at- American people, by a two to one mar- Federal taxes took are lower now than tention that the Energy and Natural gin, oppose opening up ANWR for oil they were in 1969—one full percentage Resources Committee has been in- and gas drilling. No wonder that pro- point of GDP lower. In 1969, the top structed to achieve close to $1 billion ponents of drilling do not want to Federal income tax rate was 77 percent; in savings that are not highlighted as confront the issue head-on. now it’s 39 percent. Since 1969, the part of the mandatory assumptions Our citizens understand, even if some amount raised by Federal income tax section of the environment and natural members of this body may not, that on individuals has dropped by almost 11 resources function of the committee leasing the Arctic National Wildlife percent, and the amount raised by the report on the budget resolution. Can Refuge risks serious harm to one of our corporate income tax has been cut al- the Senator from Nebraska confirm national treasures. It squanders the most in half, as a percentage of GDP. that this is true? natural resources that we should be Yet, the U.S. economy generally, and Mr. EXON. The Senator from Mon- leaving for future generations. And it the standard of living of the average tana is correct. in fact, this billion dol- is another example of public lands poli- American, grew more quickly then. lars of savings amounts to almost 75 cies that favor special interests over The truth is that, if we want to in- percent of the required savings the En- the interests of ordinary families. crease national savings, and thereby ergy and Natural Resources must The irony is that we do not need to help increase the pool of capital that is produce in order to comply with the take these risks to ensure adequate necessary to support productivity Republican budget resolution. supplies of energy. There are new oil growth, the most efficient way to do Mr. BAUCUS. It also has come to my fields being developed in the Gulf of that is to address our core budget prob- attention that the latest CBO savings Mexico right now, in very deep water, lems, and not to cut taxes now. The estimate for opening up the Arctic Na- that can produce oil without the envi- most important reason not to do a tax tional Wildlife Refuge [ANWR] for oil ronmental disruptions that would sure- cut now, however, has nothing to do drilling is just under $1 billion. Does ly accompany drilling in ANWR. with tax policy, national savings rates, the Senator from Nebraska find it odd or productivity. The most important that there is no mention of ANWR in Last year, the Office of Management reason not to do a tax cut now is that this year’s budget resolution? and Budget, hardly an environmentally a tax cut sends a totally wrong mes- Mr. EXON. Yes, I do find that zealous group, stated that: sage to the American people about the strange. The committee report for last Exploration and development activities scope and extent of our budget prob- year’s budget resolution cited ANWR would bring physical disturbances to the lem. as the major mandatory savings as- area, unacceptable risks of oil spills and pol- A tax cut now is like President John- lution, and long-term effects that would sumption for the Energy and Natural harm wildlife for decades. son’s guns and butter policy in the Resources Committee. indeed, it’s in- 1960’s. It says that our budget problems clusion in the final reconciliation bill That is not the kind of legacy we are easy to solve, so easy that we can was one of the major reasons why the should be leaving for our children. Yet afford tax cuts while we balance the President vetoed that bill. that is what could well be in store for budget with one hand tied behind our Mr. BAUCUS. Mr. President, I would this country if the reconciliation in- backs. But that’s not the case. We can like to inquire of Senator EXON, is it structions in this budget are carried continue to ignore the facts for a few fair for me to assume that in order for out as the Senator from Nebraska has more years if we want, but ignoring the the Energy and Natural Resource Com- indicated. I thank the Senator for his truth will not make it go away. It will mittee to meet its reconciliation in- observations. only make the day of reckoning that structions this year, the Republican WELLSTONE EDUCATION TAX DEDUCTION much worse. majority is planning to include drilling AMENDMENT It need not be so. While tough steps in ANWR? Mr. BAUCUS. Mr. President, I voted will be needed, and while serious costs Mr. EXON. Yes, I do believe that the for the amendment of my colleague are involved, if we work together on a Senator from Montana is correct in from Minnesota because I support pro- bipartisan basis, if we think about the making that assumption. The Energy viding a tax deduction to parents to May 23, 1996 CONGRESSIONAL RECORD — SENATE S5529 help defray the costs of a higher edu- calling for tax reform, and I may agree Proposals to cut taxes make it even cation for their kids. Senator in time with the need for a ‘‘super- more difficult to stay focused on that WELLSTONE’s amendment would also majority’’ before taxes can be ‘‘raised,’’ unpleasant but necessary task. How permit taxpayers who pursue addi- but cannot at this time vote for his much easier it is to speak about how tional education to deduct all or a por- amendment calling for that super- one might cut taxes, and by how much. tion of the related costs. This is impor- majority. Mr. President, as I noted earlier in tant for taxpayers who lose their job Mr. FEINGOLD. Mr. President, the this debate, we are now obsessed with and need additional skills to get reem- debate surrounding this year’s budget enacting tax cuts, no matter what the ployed or who want to advance to a resolution is tame compared to the de- cost to the integrity of the budget. higher paying job. In fact, Mr. Presi- bate we heard last year at this time. Every time you turn around you bump dent, I introduced S. 1312 earlier this But we should not be lulled by this rel- into another proposal for some tax cut. year to provide a $5,000 deduction for ative quiet. This year’s model is not Some come clothed as tax reform, such higher education costs. much different from the one produced as the so-called flat tax. Others are less I do have one concern with Senator last year. subtle. The Wall Street Journal re- WELLSTONE’s amendment. The only tax In one key regard, it may be worse. cently reported that a ‘‘trendier’’ tax cuts permitted under its language are a The warnings many of us made last cut plan is a 15 percent across-the- child tax credit and the deduction for year have come true. Rather than fo- board cut in income tax rates, phased higher education costs. There are a cusing on eliminating the deficit and in over 3 years. And I have no doubt number of other tax cuts that merit finally balancing the Federal budget, that the nominees of both parties will consideration Mr. President, and I hope this year’s budget resolution has one each have their own tax cut plan to we can get to them this year. For ex- overarching goal, namely to provide an tout this summer. ample, an increase in section 179 election year tax cut. We’ve just spent 2 weeks debating the Mr. President, on this issue, the expensing for small businesses, expan- issue of a 4.3 cent gas tax cut, and the hands of both parties are dirty. Repub- sion of IRA’s to encourage savings, and other body has sent us a 1.7 billion dol- licans and Democrats both have en- estate and gift tax relief for family- lar special adoption tax credit and is gaged in this tax cut bidding war. Even owned businesses. working on another 7 billion dollar tax the so-called bipartisan budget pro- I look forward to working with my cut for small businesses. posal revolves around a $130 billion tax distinguished colleague from Min- Everyone is eager to float a tax cut cut. nesota on the child tax credit and the plan. Mr. President, would that they Mr. President, we have lost a real op- were equally as eager to offer plans to higher education deduction as well as a portunity. number of other tax cuts that will ben- cut spending and balance the budget. After the debate of the last year, one This budget resolution aids and abets efit taxpayers in Minnesota and Mon- might have thought that we had this fiscally reckless and irresponsible tana as well as the entire Nation. reached a consensus that balancing the agenda. Its structure of consecutive KYL AMENDMENT REQUIRING A SUPERMAJORITY Federal budget was our most impor- reconciliation bills, finishing with a TO RAISE TAXES tant task. The negotiations that took tax cut extravaganza just a few weeks Mr. BAUCUS. Mr. President, the place between the Republican Congres- before the election, is a guarantee that Sense of the Senate amendment of my sional leadership and the White House it cannot hope to lead to a balanced colleague from Arizona notes that the appeared to be moving the parties clos- budget, only political posturing. current tax system is overly complex er together. Each side had agreed to The budget resolution has other and burdensome and that action must similar ground rules and a timetable flaws as well. The Medicare and Medic- be taken to produce a tax system that for a balanced budget; each side had of- aid programs are underfunded, the di- is fairer, flatter and simpler. I couldn’t fered a budget plan that actually rect result of the need to fund the tax agree more and I look forward to work- reached balance. cut and to add even more funding to a ing with him and the rest of my col- Sadly, negotiations broke off, and Defense Department that instead leagues to reform a tax system that is there was no agreement reached on a should be asked for significantly more badly in need of repair. plan to balance the budget. cuts. And as with last year’s budget I was unable however, Mr. President, Mr. President, a central reason for resolution, there is no effort to limit to vote for Senator Kyl’s amendment the failure of those negotiations was some of the corporate welfare that re- because of the provision requiring a that the shared goal of deficit reduc- sponsible members of both parties have supermajority vote to raise taxes. Iron- tion was weighed down with other com- identified as a top priority for cutting. ically, I believe this proposal could im- peting agendas—the structure of Medi- Mr. President, I suspect that some of peded meaningful tax reform. It could care, whether Medicaid should be a this year’s budget resolution is the re- have the effect of locking in existing block grant, welfare reform, and the sult of the special political dynamics of loopholes unless those of us who want amount and structure of the tax cut. presidential election year politics. If real tax reform could muster a super- All of a sudden, it wasn’t enough to that is the case, I earnestly hope that majority. Congress may ultimately de- balance the budget. Eliminating the once that election is behind us, both termine that in fact more than a sim- deficit took a back seat to those other parties will seize the opportunity and ple majority of its members should be priorities. reach out for a bipartisan plan to bal- required to increase taxes. However, a Mr. President, of course these other ance the budget. I am confident that a number of questions need to be ad- matters have an impact on our ability majority of the Senate and the other dressed before we take such action. to achieve and maintain a balanced body would support such a plan. What is a supermajority? Two thirds budget. I support reforms to Medicare Until that time, Mr. President, I will of the members, or perhaps three- and Medicaid not only for their own continue working with members form fourths? sake but for the very reason that such both sides of the aisle to identify areas Can the supermajority requirement reforms are needed if we are to achieve where we can find savings that will be waived in the event of a national a balanced budget. move us closer to completely eliminat- emergency? How would we define a na- But we cannot afford to divert our ing our Federal budget deficit. tional emergency? attention from what must be the im- Mr. EXON. Mr. President, as we con- And how do we define what it means mediate business of Congress—bal- clude debate, I cannot help but be to ‘‘raise’’ taxes? Does closing a cor- ancing the budget. struck by the futility of this Repub- porate loophole—which would increase Of all the distractions, Mr. President, lican budget. It is a tragic repeat of the taxes paid by the companies bene- by far the most dangerous is the prom- last year’s Republican budget fiasco. It fitting from the loophole—require a ise of a major tax cut. It is already dif- is a fool’s errand twice over. supermajority? If it does, Congress will ficult to get agreement on the spending A year ago, many of us stood on the be hard pressed to close corporate loop- cuts needed to eliminate the deficit. Senate floor imploring our Republican holes. The work of balancing the budget is colleagues to temper their harsh views I do agree with the language in my not pleasant, and it is all too easy to and to join with us to create a biparti- distinguished colleague’s amendment find excuses not to do that work. san balanced budget. We predicted a S5530 CONGRESSIONAL RECORD — SENATE May 23, 1996 train wreck otherwise. We got not one, ing families by $21 billion over 7 years, ing both Democrats and Republicans but two train wrecks, including the compared to the $20-billion tax in- together to seriously confront the longest Federal Government shutdown crease proposed last year. problem of achieving a fair yet bal- in the history of our Nation. I am also very concerned about pro- anced budget is much better than what We will soon vote on this so-called posals in this legislation that would we ended up with—namely, the Repub- new Republican budget. But no one allow States to make significant cuts licans trying to force the same old should be fooled as to its novelty. It is in their own contributions to Medicaid budget down our throats. at best a hybrid of the old Republican in the rules governing block grants Mrs. MURRAY. Mr. President, I rise budget grafted onto some slick par- from the Federal to State govern- today to express my opposition to the liamentary procedures. It will spin out ments. These policies threaten guaran- Republican budget resolution for fiscal not one, but three, reconciliation bills, tees of coverage for children, people year 1997. Quite simply, this budget because the Republican Majority wants with disabilities, and older Americans. resolution does not reflect the prior- to create a web of budgetary intrigue This series of proposals represents an ities and values held by most Ameri- in which to trap the President. They alarming trend away from providing cans—the belief that we need to ensure want to amplify partisan confrontation the most rudimentary safety net for our quality of life, educate our chil- over the summer and into the fall elec- those in need toward further enriching dren, and care for our elderly and dis- tions. those who are the most prosperous in abled. Some call this the silly season. It our country. I regret that this vote will not be bi- would be silly, if it were not so sad for The President’s budget proposal as partisan, because I believe we have our Nation. well as a centrist alternative budget made great progress over the past year. Once again, the congressional major- crafted primarily by Senators BREAUX Unfortunately, this Republican budget ity is squandering an opportunity to and CHAFEE do a far better job of bal- falls short. It fails to meet us halfway, balance the budget. Last year, all the ancing the needs of the most disadvan- and it proposes deep cuts in Medicare, Republicans wanted was for President taged in our society with the objective education, Medicaid, and the environ- Clinton to submit a 7-year, CBO-cer- of reaching a balanced budget by 2002. ment while increasing defense spend- tified, balanced budget. President Clin- The President’s budget secures the in- ing. These cuts are not necessary to ton delivered with a fair and reason- tegrity of the Medicare trust fund balance the budget; rather, they are able balanced budget. But no, the Re- through 2005, and it does so without punitive and unwise. Mr. President, when discussing the publicans claimed that it was not good ravaging this important program. In budget, we must step back and look at enough for them—even though it was contrast, the Republican budget cuts where we were just a year ago. A year good enough for the Republican-se- Medicare by $50 billion more than the ago, the President’s budget was not lected CBO Director. President’s plan. balanced and the Republican budget Perhaps this debate did serve one Education and job training—Head called for even deeper cuts in impor- larger purpose. With amendments from Start, Basic Education Assistance— tant programs—cuts as big as $250 bil- this side of the aisle, the American title 1—School-to-Work, and Job Train- lion out of Medicare. Since that time, people could see that there is another ing for Dislocated Workers—remain however, the President has submitted a vision for the future of our Nation. high priorities of our Government, as CBO-certified balanced-budget that in- There is a way to balance the budget, they should be, in the President’s budg- cludes modest, but realistic, cuts in but without jeopardizing quality et. In contrast, the Republicans slash Medicare and Medicaid. And Repub- health care for our seniors, without more than $60 billion from these pro- licans have acknowledged the need to fouling the environment, without lim- grams. increase funding for Medicare, edu- The President does not raise taxes on iting the learning horizons of our chil- cation, the environment, Cops on the dren. But on this floor, the American low-income working Americans. In Street and Americorps. people saw the Republican majority op- contrast, the Republicans, by cutting A year ago, I was opposed to cutting pose moderation time and time again. EITC by $21 billion over the next 7 back Medicaid because it provides It has been said that the definition of years, intend to raise taxes for between health care for our poorest children insanity is doing the same thing over 6 to 10 million Americans. and it ensures quality nursing home and over again and expecting a dif- I think it is possible to balance the standards for our parents. After work- ferent result. This budget would be in- budget by 2002 without abandoning ing with health care experts in Wash- sane, except that no one expects a dif- America’s priorities—and without ington State, I concluded my home ferent result. This is a senseless repeti- abandoning those most in need. We can State could still serve our most vulner- tion of a failed budget. Because of its clearly preserve paycheck security, able populations as long as we don’t extremism, it deserves to fail. I urge health security and retirement secu- have drastic cuts to Medicaid. I’m will- my colleagues to reject it once again. rity for America’s working families ing to concede that point, and I know Mr. BINGAMAN. Mr. President, I in- without abandoning our commitment now that if we all give a little, we can tend to vote against the Republican to a balanced budget. reach compromise. But Republican Federal budget proposal. This budget is Mr. President, I must also add that I cuts still go too far. nearly the same as the one proposed am impressed with the efforts of Sen- Republican Medicaid cuts appear to last year by Republicans, and I feel ator JOHN BREAUX and Senator JOHN be shrinking, but, unfortunately you that the interests of the Nation con- CHAFEE in leading the way on yet an- are not seeing the whole story. The $72 tinue to be poorly served by the guide- other alternative budget to that pro- billion cut mentioned in the bill, by it- lines specified in this sort of ideologi- posed by the Republican majority. This self, would force changes in eligibility cally driven legislation. 7-year bipartisan alternative budget and services for Americans on Medic- Both last year’s Republican budget proposal, which I have voted to sup- aid. But in addition, this bill would proposal and the one we are voting on port, is a conscientious, bipartisan ef- allow States to walk away from paying today represent a misguided set of pri- fort that does a much better job of their fair share in this successful State orities for the next century by cutting maintaining the right priorities for our and Federal partnership. Between resources for education, job training, country. I do have concerns about State and Federal share reductions, the environment, and Medicaid in order whether cutting the CPI by 1⁄2 percent over $250 billion would be cut from to pay for tax breaks for the wealthy is the best approach to dealing with health care coverage for poor and and unneeded defense programs. the question of getting a better, more working families. Over 7 years, the Republican proposal accurate inflation indicator, and I The majority party contends their slashes Medicare by $226.8 billion, a think that any adjustment in our cost Medicaid provisions would be endorsed number only slightly different from growth measure must be progressive in by the National Governor’s Associa- their proposal last year to cut Medi- its application. tion. They would not. Among other care by $228.2 billion. Reductions in the While the Breaux-Chafee alternative problems, this bill is a block grant, earned income tax credit will result in does not contain everything I would with no way for States to be reim- increasing taxes on lower income work- want in a budget, the process of bring- bursed for extra costs resulting from May 23, 1996 CONGRESSIONAL RECORD — SENATE S5531 natural disaster or economic downturn. ture success of this Nation. A recent It is my hope this year’s budget and Even if their were no problems, and USA Today poll found that education appropriations process will be more or- there are many, I could not support has become the most important issue derly. It is my hope the American peo- these cuts. States need flexibility, and for Americans—ranking above crime, ple will not be used as pawns during the types of flexibility sought by my the economy and the quality of one’s our budget negotiations. And it is my State are reasonable. But we in Con- job. hope that my colleagues will remember gress are here to assure that every As a former teacher, mother, and the budget debate requires compromise child in this country can get basic PTA member, I know from personal ex- if we hope to really serve the people. In health services, no matter which State perience the value and importance of the end last year, we learned our Gov- they live in. Head Start, vocational education and ernment is truly a democracy. We On welfare, Republicans cut $53 bil- education, technology programs. I have learned any successful budget agree- lion and removes the guarantee to pub- seen these programs work, and I have ment will need to be as broad and bi- lic assistance, but they are not very seen the satisfaction on the faces of partisan as possible. clear about where the money comes children who are finally getting a We have a lot of work to do if we are from. We can only assume they will do chance to excel and succeed. going to reach a balanced budget. But the same as last year—deep cuts in And, Mr. President, this Republican the truth of the matter is that both food aid and nutrition programs. I am budget takes a serious step backwards parties have agreed to enough savings interested in real welfare reform—rein our efforts to preserve our environ- that we could balance the budget today form that gives people alternatives and ment and ensure our quality of life. if we really want to. When considering assistance to move people off of public Unfortunately, the Senate rejected sev- the entire budget, the difference be- assistance in a way that allows them eral amendments that would have soft- tween the two parties amounts to less to support themselves. This Republican ened this budget’s impact on the envi- than 1 percent of the Federal Govern- budget is an attack on poor families, ronment. First, I oppose a change in ment’s spending. A balanced budget and I cannot support it. the way sales of Federal assets are plan is possible. All we need is the Mr. President, let us remember ex- treated in this resolution. For the last courage to find compromise. actly where we are on this road to end- decade, Congress has recognized that I look forward to working with my ing the deficit. Since 1993, we have our public lands and other Federal as- colleagues on the Appropriations and made great progress toward reducing sets were too precious to sell or lease Budget Committees in order to make this Nation’s deficit. CBO estimates unless Congress or the administration sure this Congress’ spending priorities the 1996 deficit will fall to $130 billion— decided that so doing was in the best are balanced and in line with our con- the fourth straight year the deficit has interest of the public. That is good pol- stituents’ wishes. Unfortunately, to- declined. We have cut the budget defi- icy and one that traditionally has en- day’s budget resolution fails to strike a cit in half in less than 4 years, and to- joyed strong bi-partisan support. I co- balance. It’s simply a replay of last day’s annual deficit stands as the low- sponsored the Bumpers-Bradley amend- year’s failed Republican budget. And I est percentage of our gross domestic ment which would have preserved our will be fighting to make sure this Con- product since 1980. I’m proud of this national heritage for generations to gress does not lose sight of what is fact. I am proud to have been involved come, and would have rejected this ap- truly important to our friends and fam- in crafting the budget package of 1993. proach to the disposition of our Fed- ilies. That deficit reduction package has us eral assets. Mr. KERRY. Mr. President, let me on the right track. I also supported the amendment of- make a simple observation on the Re- Our need to do more, however, fered by Senators LAUTENBERG and publican budget resolution before the spawned a bipartisan group of Sen- KERRY that would have increased fund- Senate: it does not reflect the prior- ators, who have come together and for- ing by $7.3 billion over 6 years for ities of the American people. For that mulated a well-reasoned, well-balanced Function 300, which funds the National reason, I will oppose this budget. budget proposal. I commend Senators Park Service, the Environmental Pro- Mr. President, as you know, I at- CHAFEE and BREAUX for their leader- tection Agency and other environ- tempted throughout the past several ship and hard work on this matter. I mental programs. This amendment days to amend this Republican budget voted for their budget alternative be- would have restored balance to the so it meets the needs of working Amer- cause it is exactly the kind of biparti- budget. It would have provided a sta- icans. I attempted to ensure that the san teamwork Congress needs to see ble, strong level of funding to protect violent crime reduction trust fund will more of. Certainly, I would like to see our national treasures and clean up our be fully funded and that sufficient less savings come out of discretionary environment. funds will be allocated to the commu- accounts that include education, job Senator WYDEN’s Sense of the Senate nity policing initiative. But this training, trade promotion, and the en- amendment would have eliminated tax amendment was rejected along party vironment. And the tax cuts may be deductions for fines, penalties, and lines. too generous. The Chafee-Breaux plan damages arising from a failure to com- I tried to add back some of the cuts may not be perfect, but I believe it is ply with Federal and State environ- the Republicans have made to environ- probably the most realistic com- mental or health protection laws. That mental protection and conservation ef- promise one could craft. I am hopeful common sense approach to balancing forts. But the amendment was rejected this Centrist plan will become the the budget would have raised up to $100 along party lines. I attempted to add framework for future budget negotia- million annually. The amendment pro- back funds for education that the Re- tions. vided an excellent opportunity to ex- publicans cut from the budget —the Mr. President, this past year has press our support for law-abiding com- largest education cut in history. But taught us we can reach a balanced panies who do not break environmental the amendment was rejected along budget. We learned we can formulate a and safety laws by closing a tax loop- party lines. budget that uses common sense and re- hole enjoyed by those who do break our Time and again, the Republican flects America’s values and priorities. laws. party moved in lockstep to prevent us That is why Senator KERRY and I of- Mr. President, last year’s budget de- from providing services that the Amer- fered an amendment to restore edu- bate was painful for all of us. It was es- ican people urgently need. cation and job training funds in the Re- pecially painful for our constituents— The President of the United States publican budget. As my colleagues our hard-working friends and neigh- has proposed a budget that balances in know, this amendment failed despite bors. They didn’t know why the budget 6 years. It protects the environment. It the fact that the Republican budget debate forced the Government to shut secures our neighborhoods by putting will cut education spending 20 percent down twice—one time for three more cops on the beat. It gives assist- from current levels. straight weeks. They didn’t see that as ance to families trying to care for el- Americans understand how impor- progress. Instead, they saw it as just derly parents and educate their chil- tant education and job training invest- another example of what is wrong with dren. I voted for that budget, Mr. ments are for our children, and the fu- Congress and the Government today. President. S5532 CONGRESSIONAL RECORD — SENATE May 23, 1996 The President s budget continues the the cut is made so that the true cut major new education reform bill passed sound economic and fiscal policy put in can be made at the State level rather by Congress in the past two decades. place in 1993 which has halved the defi- than at the Federal level. Goals 2000 is a comprehensive national cit, kept interest rates and inflation I guess we are to chalk it up to elec- attempt to help our schools achieve low and created more than 8 million tion year politics, but the budget reso- their goals of producing informed citi- jobs. This is the right way to balance lution before us asks us to ignore our zens and a skilled, competitive work the budget. experience last year when we witnessed force for the future. I believe it is ex- The Republicans’ budget continues the so-called train wreck that caused tremely shortsighted for the Repub- the smoke-and-mirror gimmicks ve- the Government to shut down twice. licans to continue to propose eliminat- toed by the President and rejected by And, we are to ignore the progress, ing this important program. the American people. It slashes Medi- albeit, limited in some areas, made in The budget resolution freezes fund- care, cripples education programs and negotiations between the congressional ing—again, there’s that euphemism for opens tax loopholes for big corpora- leadership and the White House. This what amounts to a cut—for Head Start tions. This is the wrong way. budget resolution, in many instances, and chapter 1, the most successful pro- Mr. President, let me give you an ex- marks a disavowal of the last offer grams designed to get our children ample of why I am wary of the budget made in January by the majority in ready for school and for teaching basic the Republicans have presented this the ongoing budget negotiations. In- skills, hampering our efforts to reform year despite all the pleas that they stead, particularly in the case of wel- public education in this country. I can- have learned their lesson and corrected fare and other nondefense discre- not support these proposals which will their past mistakes. Last year, the tionary spending, we are asked to sup- scale back our commitment to public Senate voted that 90 percent of any tax port a return to the kinds of funding education in this country. cut should go to people making less decisions that closed the Government In another critical area in nondefense than $100,000 per year. Yet, the Repub- twice last year. discretionary funding, Mr. President, lican budget, which the President wise- When you make an apples-to-apples the budget resolution uses funding cuts ly vetoed, devoted almost 48 percent of comparison with last year’s failed wel- to weaken environmental protection the tax cuts to people earning more fare measure, the combined cuts to and to decrease the Government’s abil- than $100,000. So, Mr. President, here welfare programs, like aid to families ity to improve public health and safe- we go again. My parents taught me an with dependent children, supplemental ty. old saying which guides me in my deci- security income and food stamps, are While targeting environmental pro- essentially the same. sion to reject the Republican plan be- grams for particularly harsh cuts, this The cuts in nondefense discretionary fore us: ‘‘once bitten, twice shy.’’ The budget resolution also effectively funding are deeper than the January makes policy changes that should be Republican plan—then as now—raises offer made to the President but not Medicare premiums on our seniors, enacted through regular legislative quite as deep as the vetoed reconcili- means. This measure assumes revenues makes our environment vulnerable to ation bill. However, since the House the whims of polluters, denies Medicaid from opening the Arctic National Wild- adopted the deepest cuts yet proposed life Refuge for oil exploration and de- coverage to veterans who would have in nondefense discretionary funding, it velopment. The Coastal Plain of this been ineligible for VA medical care, seems an almost certainty that we are wildlife refuge is one of our few re- and prevents children of many middle headed back to the levels contemplated maining ecological treasures, contain- income Americans from getting a loan in last year’s failed reconciliation bill ing 18 major rivers, and providing a to go to college. when we get to conference. That is the wrong set of priorities for The Republican budget continues its habitat for 36 species of land mammals our Nation, for our economy and for attack on education and training. The and over 30 fish species. The wilderness hard-working American families, Mr. budget resolution caps the direct stu- and environmental values of this area President. I reject this budget as I re- dent loan program at 20 percent and, to are irreplaceable. The environmental jected the Republican plan last year, as use the majority’s convenient euphe- values of this area are far greater than the President rejected the Republican mism, it freezes funding for Pell grants any short-term economic gain from oil plan last year, and as the American work study programs. Further, the and gas development. people rejected the Republican plan budget resolution terminates funding Unfortunately, Mr. President, these last year. for the AmericaCorps National Service are the kinds of tradeoffs, taking away I hope my colleagues oppose the Re- Program. educational opportunities at all levels, publican plan. Mr. President, these changes to high- from preschool through postsecondary I yield the floor. er education would continue the major- education, gutting environmental pro- Mr. GLENN. Mr. President, I rise ity’s efforts to make it harder for grams, and ruining ecological treas- today in opposition to Senate Concur- working families and their children to ures, all in order to make a politically rent Resolution 57, the concurrent res- finance a college education. If these expedient tax cut and, as we’ll see olution on the budget for fiscal year proposed cuts and changes are to be- when we move to the defense author- 1997. While I support the committee’s come law, many students will see the ization bill, to waste billions of dollars efforts to balance the budget, I cannot doors closed to the opportunities and in the defense accounts on programs we agree with the means by which that choices a college education can open up don’t need. I can’t agree to this, Mr. balance is achieved. for them. Other students and their President. But, sadly, this is just the It is ironic that the committee’s pro- families will see their options for fi- tip of the iceberg. posed budget resolution appears to nancing an education narrowed. OMB Let’s take a look at the proposed cut soften the hard edge of many of the estimates that the student loan cap to the earned income tax credit, a tax funding cuts proposed in last year’s ve- would eliminate 1,100 schools and 1.6 credit designed to assist low-income toed reconciliation legislation. The million students from participation, working families stay off the welfare committee recognized the need to just in the upcoming academic year. rolls. It’s true that the proposed cut is make the cuts look less draconian, yet, When extended over the life of the less than last year’s failed reconcili- cuts similar to those from last year’s budget program, this cap would deny ation package, but it is significantly failed attempt remain. direct lending opportunities to 7 mil- deeper than that proposed by the ma- The committee’s budget resolution lion borrowers. jority in January during the budget ne- merely pays lipservice to the fact that Mr. President, that’s not what this gotiations. Moreover, it is almost twice it could not garner the support it need- country stands for. We must ensure as large as the cut proposed by the Na- ed to succeed last year, because it tries that working middle-income families tional Governor’s Association. And, cu- to include similar cuts by disguising will be able to afford to provide higher riously, it seems to be at odds with a them in a 6-year rather than a 7-year educational opportunities to their chil- proposal made during the minimum program, by rescoring the cuts to make dren. wage debate in the House that the them look smaller, and, in the instance The Republican budget again pro- earned income tax credit should be ex- of Medicaid, by reformulating the way poses to cut all funding for the first panded as an alternative to raising the May 23, 1996 CONGRESSIONAL RECORD — SENATE S5533 minimum wage. The majority party onciliation bill that not only will not The PRESIDING OFFICER. There is says it is offering a tax cut. With the lower the deficit but undoubtedly will a pending second-degree amendment proposed cuts in the earned income tax raise the deficit. that has not been read. credit, never mind the advertised tax Mr. President, I yield the floor. The clerk will report. cut, the best some working families AMENDMENT NO. 4022 The legislative clerk read as follows: can hope for is that their taxes won’t The PRESIDING OFFICER. The The Senator from Alaska [Mr. MURKOWSKI] go up. pending business before the Senate is for himself, Mr. WARNER, Mr. MCCAIN, Mr. A similar sleight of hand occurs with now the McCain amendment No. 4022. CHAFEE, and Mr. SMITH, proposes an amend- respect to Medicaid. The amount of Mr. DOMENICI addressed the Chair. ment numbered 4041 to amendment No. 4022. Strike all after the word ‘‘SEC.’’ and insert: Federal funding proposed to be cut is The PRESIDING OFFICER. The Sen- The Congress finds that— less than the latest budget offer made ator from New Mexico. (1) The Founding Fathers were committed in January. The hitch is, the budget Mr. DOMENICI. I yield to the Sen- to the principle of civilian control of the resolution changes the contribution ator who has the amendment, Senator military; that States are required to make. This MCCAIN. (2) Every President since George Washing- change allows 80 percent of the cuts Mr. MCCAIN. Doesn’t the opposition ton has affirmed the principle of civilian speak first, Mr. President, the other control of the military; proposed last year to be made. (3) Twenty-six Presidents of the United Moreover, not only does the budget side? States served in the United States Armed resolution cut Federal Medicaid pay- Mr. EXON. I yield Senator HOLLINGS Forces prior to their inauguration and none ments to the States by $72 billion, it the 30 seconds on our side on the of them claimed the Presidency represented does not specify how the cuts would be McCain amendment. a continuation of their military service; made. I assume that the Republicans Mr. HOLLINGS. Mr. President, I un- (4) No President of the United States prior still support block granting Medicaid derstand the distinguished Senator to May 15, 1996 has ever sought relief from legal action on the basis of serving as Com- funds. I am opposed to this proposal be- from Arizona and I are agreed substantially with his sense-of-the-Senate res- mander-in-Chief of the United States Armed cause of the adverse impact it would Forces; have on children in low-income fami- olution. In every one of the auctions, (5) President Clinton is the subject of a lies, the disabled, and the elderly who Mr. President, what we do on them is sexual harassment lawsuit filed on May 6, require nursing home care. not to maximize the revenues but to 1994 in Federal District Court in Little Rock, When you get to Medicare, again, you protect the public interest. We want to Arkansas involving allegations about his have to pay attention to the fine print. increase the efficiency and enhance the conduct in May, 1991; The size of the cut, $168 billion, is the competition. (6) On May 15, 1996, a legal brief filed on behalf of the President of the United States in same as that proposed in the last offer So I welcome this particular sense- of-the-Senate resolution. But I have to the United States Supreme Court asserted but the difference here is the cut is the President of the United States may be taken in a shorter period of time, over add, of course, the fundamental of the entitled to the protections afforded members a 6-year program rather than a 7-year public interest, which I am sure the of the United States Armed Forces under the program. So, the majority again great- Senator from Arizona is interested in, Soldiers’ and Sailors’ Relief Act of 1940 (50 ly reduces Medicare funding for the el- is stipulated in the Communications U.S.C. 501 et. al); and derly in order to provide a tax cut for Act of 1934, section 309, and now in the (7) The purpose of the Soldiers’ and Sail- new Telecommunications Act it is also ors’ Civil Relief Act of 1940 is to enable mem- wealthy Americans. The budget resolu- bers of the military services ‘‘to devote their tion’s reduction of $168 billion in Medi- to be adhered to. So I move the adoption of the resolution. entire energy to the defense needs of the na- care means that the growth in spend- tion.’’ ing per beneficiary will be less than the Mr. DOMENICI. We have no objection It is the sense of the Senate that the as- projected growth in spending in the to the resolution. sumptions underlying this resolution include Mr. EXON. We have no objection. private sector which insures a younger, that the President of the United States Mr. MCCAIN. Mr. President, I thank healthier population. I am concerned should state unequivocally that he is not en- the Senator from South Carolina. titled to and will not seek relief from legal that these cuts and the proposed Mr. HOLLINGS. Mr. President, the action under the Soldiers’ and Sailors’ Civil changes in the structure of the Medi- sense-of-the-Senate resolution offered Relief Act of 1940, and that he will direct re- care Program will adversely impact by my friend from Arizona encourages moval from his legal brief any reference to the quality of care for Medicare bene- the Federal Communications Commis- the protections of the Act. ficiaries and will make it more expen- sion [FCC] to move forward expedi- Mr. FORD. Mr. President, I suggest sive to individuals. tiously on a number of pending pro- the absence of a quorum. Mr. President, we have debated this ceedings. In doing so, would the Sen- The PRESIDING OFFICER. Each budget resolution over the course of ator from Arizona agree that section side gets 30 seconds. The Senator from several days and have had vigorous de- 309 of the Communications Act of 1934, Alaska has 30 minutes. bate over a series of amendments as amended, is the provision of law Mr. FORD. I asked for a quorum. which would have restored necessary that authorizes the FCC’s use of auc- Mr. MURKOWSKI. I ask for the yeas funding in areas such as health care, tions as a licensing procedure? and nays. Mr. President, along with education, job training, and environ- Mr. MCCAIN. I agree. Senators WARNER, CHAFEE and MCCAIN, mental protection. Regrettably, these Mr. HOLLINGS. Would the Senator who are cosponsors, I believe what we efforts did not succeed. But, the votes further agree that the FCC should fol- have here is an assertion without really have been just a self-fulfilling low the statute in conducting auc- precedent. The President of the United prophecy. It is clear that the majority tions? States claims in a brief filed in the Su- isn’t looking to compromise or learn Mr. MCCAIN. Yes, I agree that the preme Court that a pending sexual har- from our painful experience last year. FCC should follow the law. assment lawsuit against him should be This legislation was never designed to I yield the floor and yield back the delayed indefinitely. He claims he is engender my support and I certainly remainder of my time. entitled to the protection afforded will not lend my support to it. AMENDMENT NO. 4041 TO AMENDMENT NO. 4022 members of the military under the Sol- In addition to the funding issues I Mr. MURKOWSKI. Mr. President, I diers and Sailors Act of 1940. have described, Mr. President, I feel send a second-degree amendment to the For the President to make the claim compelled to discuss the unusual in- desk and ask for its immediate consid- that he is a member of the Armed struction contained in the budget reso- eration. Forces is simply beyond comprehen- lution concerning the reporting out of The PRESIDING OFFICER. The sion. three separate reconciliation bills. clerk will report. Mr. FORD. Mr. President, regular This instruction is objectionable be- Mr. HOLLINGS. Parliamentary in- order. cause it unnecessarily expands the role quiry. Did we adopt the amendment? Mr. MURKOWSKI. It flies in the face of reconciliation in the budgeting proc- The PRESIDING OFFICER. We have of the 207-year-old tradition estab- ess. Perhaps, more importantly, it is not adopted the amendment. lished by George Washington that the objectionable because it goes so far as Mr. HOLLINGS. I ask unanimous U.S. military should be under civilian to instruct the reporting out of a rec- consent it be agreed to. control. S5534 CONGRESSIONAL RECORD — SENATE May 23, 1996 Mr. FORD. Regular order. Mr. WARNER addressed the Chair. spondent Paula Corbin Jones was the plain- Mr. MURKOWSKI. As the com- The PRESIDING OFFICER. The Sen- tiff in the district court and cross-appellant mander of the American Legion said: ator from Virginia. in the court of appeals. Danny Ferguson was ‘‘We’ve had plenty of great Americans Mr. WARNER. Mr. President, I would a defendant in the district court. take off a military uniform to assume Petitioner William Jefferson Clinton re- like to read from the CONGRESSIONAL spectfully requests that a writ of certiorari the Presidency. None has ever put on a RECORD, October 7, 1940, referring to issue to review the judgment of the United uniform after Inauguration Day.’’ this act. It reads: States Court of Appeals for the Eight Circuit As a former member of the U.S. The term ‘‘person in military service’’ and entered in this case on January 9, 1996. Coast Guard, I respectfully request the term ‘‘persons in the military service of OPINIONS BELOW that the President should immediately the United States,’’ as used in this Act, shall direct his attorney to drop this absurd The opinion of the court of appeals (Pet. include the following persons and no others: App. 1) is reported at 72 F.3d 1354. The court claim. All members of the Army of the United of appeals’ order denying the petition for re- Mr. EXON. Mr. President, the Sen- States, the United States Navy, the Marine hearing (Pet. App. 32) is reported at 81 F.3d ator is not in order. Corps, the Coast Guard and all officers of the 78. The principal opinion of the district court The PRESIDING OFFICER. The Sen- Public Health Service detailed by proper au- (Pet. App. 54) is reported at 869 F. Supp. 690. ator from Nebraska has 30 seconds. thority for duty either with the Army or the Other published opinions of the district Mr. EXON. My apologies to those I Navy. The term ‘‘military service,’’ as used court (Pet. App. at 40 and 74) appear at 858 F. told we would be out of here by 5:10. in this Act, shall signify Federal service on Supp. 902 and 879 F. Supp. 86. active duty with any branch of service. *** Mr. President, I suggest the absence JURISDICTION The PRESIDING OFFICER. The Sen- of a quorum. The judgment of the United States Court Mr. LOTT. Mr. President, I ask unan- ator from Arizona. of Appeals for the Eighth Circuit was entered imous consent that the order for the Mr. MCCAIN. Mr. President, I do not on January 9, 1996. A petition for rehearing quorum call be rescinded. know if the President of the United was filed on January 23, 1996, and denied on The PRESIDING OFFICER. Without States knew that this was part of the March 28, 1996. This Court’s jurisdiction is objection, it is so ordered. The Senator defense prepared by his lawyers. I hope invoked pursuant to 28 U.S.C. § 1254(l) (1994). from Mississippi. very strongly that he will have this LEGAL PROVISIONS INVOLVED IN THE CASE Mr. LOTT. Mr. President, it is obvi- taken from it. It is an issue which is U.S. CONST. art. II, § 1, cl. 1. ous that we are not going to be able to very emotional to a lot of Americans, U.S. CONST. art. II, §§ 2–4. work out an agreement as to how a and I hope that by us raising this issue U.S. CONST. amend. XXV. vote can be obtained on this issue this that the issue will be dispensed with 42 U.S.C. § 1983 (1994). afternoon. The budget resolution is very quickly by the President of the 42 U.S.C. § 1985 (1994). very important to the American peo- United States. 50 U.S.C. app. § 510 (1988). 50 U.S.C. app. § 521 (1988). ple. Therefore, I ask unanimous con- I yield back the remainder of my sent that the amendment be withdrawn 50 U.S.C. app. § 525 (Supp. V 1993). time. FED. R. CIV. P. 40. following 4 minutes of debate equally The PRESIDING OFFICER. The mi- These provisions are set forth at pages divided between the amendment spon- nority leader. App. 79–85 of the Petitioner’s Appendix. sor and the Democratic leader. Mr. DASCHLE. Mr. President, let me The PRESIDING OFFICER. Is there STATEMENT OF THE CASE read a statement, first of all, by Robert Petitioner William Jefferson Clinton is objection? Bennett, the attorney representing the Mr. DOMENICI. Reserving the right President of the United States. On May 6, President: 1994, respondent Paula Corbin Jones filed to object, Mr. President, I wonder if *** my petition on the President’s behalf this civil damages action against the Presi- our leader will further say, when that references the Soldiers’ and Sailors’ Civil dent in the United States District Court for is done what will happen, so we all Relief Act as one of five illustrative exam- the Eastern District of Arkansas. The com- know. ples of the types of stays that can tempo- plaint was premised in substantial part on Mr. LOTT. I believe, Mr. President, rarily defer lawsuits. The President does not conduct alleged to have occurred three years from the chairman, we have one rely on the Act, and has no intention of earlier, before the President took office. The amendment left that will be voice doing so, as the basis for requesting relief in complaint included two claims arising under voted, and we will be prepared to go to this case. Our petition does not rely on the the federal civil rights statues and two aris- final passage immediately after that. Act, but is based instead on important con- ing under common law, and sought $175,000 in The PRESIDING OFFICER. Is there stitutional principles. We have no intention actual and punitive damages for each of the 1 objection to the unanimous-consent re- of changing our approach in the future. four counts. Jurisdiction was asserted under Mr. President, I submit for the 28 U.S.C. §§ 1331, 1332 and 1343 (1994). quest? The President moved to stay the litigation Mr. DOMENICI. Does the unanimous- RECORD the brief submitted on behalf or to dismiss it without prejudice to its rein- consent request include the last state- of the President, and I ask unanimous statement when he left office, asserting that ment about the sequencing? consent that it be printed in the such a course was required by the singular Mr. LOTT. Mr. President, I ask unan- RECORD. nature of the President’s Article II duties imous consent that the sequence after There being no objection, the brief and by principles of separation of powers. this exchange be, we have a voice vote was ordered to be printed in the The district court stayed trial until the on the pending McCain amendment and RECORD, as follows: President’s service in office expired, but held we go immediately to final passage of that discovery could proceed immediately [In the Supreme Court of the United States, ‘‘as to all persons including the President the budget resolution. October term, 1995] The PRESIDING OFFICER. Is there himself.’’ Pet. App. 71. WILLIAM JEFFERSON CLINTON, PETITIONER, vs. The district court reasoned that ‘‘the case objection to the revised unanimous PAULA CORBIN JONES, RESPONDENT most applicable to this one is Nixon v. Fitz- consent request? Without objection, it On Petition For A Writ Of Certiorari To gerald, [457 U.S. 731 (1982)],’’ (Pet. App. 67) is so ordered. The United States Court Of Appeals For The which held that a President is absolutely im- The Senator from Alaska. Eighth Circuit. mune from any civil litigation challenging Mr. MURKOWSKI. Mr. President, in PETITION FOR A WRIT OF CERTIORARI his official acts as President. While the hold- the interest of moving the budget proc- ing of Fitzgerald did not apply to this case be- ess along, I am withdrawing my QUESTIONS PRESENTED cause President Clinton was sued primarily amendment, but I want to assure my 1. Whether the litigation of a private civil for actions taken before he became Presi- damages action against an incumbent Presi- dent, the court stated that ‘‘[t]he language colleagues, until our President orders dent must in all but the most exceptional his legal counsel to drop this argument of the majority opinion’’ in Fitzgerald cases be deferred until the President leaves ‘‘is sweeping and quite firm in the view in court, I will be raising this issue on office. that to disturb the President with defending every bill. 2. Whether a district court, as a proper ex- civil litigation that does not demand imme- As we go out for this Memorial Day ercise of judicial discretion, may stay such diate attention . . . would be to interfere recess, I urge all of us to reflect on the litigation until the President leaves office. with the conduct of the duties of the office.’’ significance of this particular issue. PARTIES TO THE PROCEEDING Pet. App. 68–69. The district court further I yield the remaining time split be- Petitioner. President William Jefferson found that these concerns ‘‘are not lessened tween Senator MCCAIN and Senator Clinton, was a defendant in the district court WARNER. and appellant in the court of appeals. Re- Footnotes at end of brief. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5535 by the fact that [the conduct alleged] pre- he was concurring ‘‘[w]ith [the] understand- relief that the President seeks. The deferral ceded his Presidency.’’ Id. Invoking Federal ing’’ that the trial judge would have substan- of litigation for a specified, limited period is Rule of Civil Procedure 40 and the court’s eq- tial latitude to manage the litigation in a far from unknown in our judicial system, uitable power to manage its own docket, the way that would accommodate the interests and it is routinely afforded in order to pro- district judge stayed the trial ‘‘[t]o protect of the Presidency. Pet. App. 25. tect interests that are not comparable in im- the Office of President . . . from unfettered Judge Ross dissented, stating that the portance to the interests the President ad- civil litigation, and to give effect to the pol- ‘‘language, logic and intent’’ of Fitzgerald vances here. icy of separation of powers.’’ Pet. App. 72.2 ‘‘directs a conclusion here that, unless exi- Now is the appropriate time for the Court The trial court, observing that the plain- gent circumstances can be shown, private ac- to address these issues. If review is declined, tiff had filed suit three years after the al- tions for damages against a sitting President the President would have to undergo discov- leged events, further concluded that the of the United States, even though based on ery and trial while in office, which would plaintiff would not be significantly incon- unofficial acts, must be stayed until the eviscerate the very interests he seeks to vin- venienced by delay of trial. Pet. App. 70. completion of the President’s term.’’ dicate. Moreover, if the decision below is al- However, it found ‘‘no reason why the dis- Pet. App. 25. Judge Ross observed that lowed to stand, federal and state courts covery and deposition process could not pro- ‘‘[n]o other branch of government is en- could be confronted with more private civil ceed,’’ and said that this would avoid the trusted to a single person,’’ and determined damage complaints against incumbent Presi- possible loss of evidence with the passage of that dents. Such complaints increasingly would time. Pet. App. 71. ‘‘[t]he burdens and demands of civil litiga- enmesh Presidents in the judicial process, The President and respondent both ap- tion can be expected * * * to divert [the and the courts in the political arena, to the pealed.3 A divided panel of the court of ap- President’s] energy and attention from the detriment of both. peals reversed the district court’s order stay- rigorous demands of his office to the task of A. The Decision Below Is Inconsistent With This ing trial, and affirmed its decision allowing protecting himself against personal liability. Court’s Decisions And Jeopardizes The Sepa- discovery to proceed. The panel issued three That result * * * would impair the integrity ration Of Powers of the role assigned to the President by Arti- opinions. 1. The President ‘‘occupies a unique posi- cle II of the Constitution.’’ Judge Bowman found the reasoning in tion in the constitutional scheme.’’ Nixon v. Pet. App. 26. Fitzgerald ‘‘inapposite where only personal, Fitzgerald, 457. 731, 749 (1982). Unlike the Judge Ross also stated that private civil private conduct by a President is at issue,’’ power of the other two branches, the entire suits against sitting Presidents (Pet. App. 11), and determined that ‘‘the Con- ‘‘executive Power’’ is vested in a single indi- ‘‘create opportunities for the judiciary to stitution does not confer upon an incumbent vidual, ‘‘a President,’’ who is indispensable intrude upon the Executive’s authority, set President any immunity from civil actions to the execution of that authority. U.S. the stage for potential constitutional con- that arise from his unofficial acts.’’ Pet. CONST. art. II, § 1. The President is never off frontations between courts and a President, App. 16. He also wrote that duty, and any significant demand on his and permit the civil justice system to be ‘‘[t]he Court’s struggle in Fitzgerald to es- time necessarily imposes on his capacity to tablish presidential immunity for acts with- used for partisan political purposes.’’ Pet. App. 28. At the same time, he rea- carry out his constitutional responsibilities. in the outer perimeter of official responsibil- Accordingly, ‘‘[c]ourts traditionally have soned, postponing litigation ‘‘will rarely de- ity belies the notion . . . that beyond this recognized the President’s constitutional re- feat a plaintiff’s ability to ultimately obtain outer perimeter there is still more immunity sponsibilities and status as factors counsel- meaningful relief.’’ Pet. App. 30. Judge Ross waiting to be discovered.’’ ing judicial deference and restraint.’’ Fitzger- concluded that litigation should proceed Pet. App. 9. ald, 457 U.S. 753. Indeed, ‘‘[t]his tradition can against a sitting President only if a plaintiff Judge Bowman further concluded that it be traced far back into our constitutional can ‘‘demonstrate convincingly both that would be an abuse of discretion to stay all history.’’ Id, at 753 n.34. The form of ‘‘judi- delay will seriously prejudice the plaintiff’s proceedings against an incumbent President, cial deference and restraint’’ that the Presi- interests and that * * * [it] will not signifi- asserting that the President ‘‘is entitled to dent seeks here—merely postponing the suit cantly impair the president’s ability to at- immunity, if at all, only because the Con- against him until he leaves office—is mod- tend to the duties of his office.’’ Pet. App. 31. stitution ordains it. Presidential immunity est. It is far more limited, for example, than The court of appeals denied the President’s thus cannot be granted or denied by the the absolute immunity that ac- request for a rehearing en banc, with three Fitzgerald courts as an exercise of discretion.’’ Pet. corded all Presidents for action taken within judges not participating and Judge App. 16. Ruling that the court of appeals had the scope of their presidential duties. McMillian dissenting. Judge McMillian said ‘‘pendent appellate jurisdiction’’ to enter- The panel majority concluded that because the majority’s holding had ‘‘demean[ed] the tain respondent’s challenge to the stay of the Fitzgerald holding was limited to civil Office of the President of the United States.’’ trial issued by the district court, (Pet. App. damages claims challenging official acts, the Pet. App. 32. He wrote that the panel major- 5 n.4) (citing Kincade v. City of Blue Springs, President should receive no form of protec- ity ‘‘would put all the problems of our nation Mo., 64 F.3d 389, 394 (8th Cir. 1995), cert. de- tion from any other civil suits. This conclu- on pilot control and treat as more urgent a nied, 1996 WL 26287 (Apr. 29, 1996)), Judge sion is flatly inconsistent with the reasoning private lawsuit that even the [respondent] Bowman accordingly reversed that stay as of Fitzgerald. The Court in Fitzgerald deter- delayed filing for at least three years,’’ and an abuse of discretion. Pet. App. 13 n.9. mined that the President was entitled to ab- would ‘‘allow judicial interference with, and In reaching these conclusions, Judge Bow- solute immunity not only because the threat control of, the President’s time.’’ Pet. App. man put aside concerns that the separation of liability for official acts might inhibit 33. of powers could be jeopardized by a trial him in the exercise of his authority (id. at court’s exercising control over the Presi- REASONS FOR GRANTING THE PETITION 752 & n.32), but also because, in the Court’s dent’s time and priorities, through the su- This case presents a question of extraor- words, ‘‘the singular importance of the pervision of discovery and trial. He stated dinary national importance, which was re- President’s duties’’ means that ‘‘diversion of that any separation of powers problems solved erroneously by the court of appeals. his energies by concern with private lawsuits could be avoided by ‘‘judicial case manage- For the first time in our history, a court has would raise unique risks to the effective ment sensitive to the burdens of the presi- ordered a sitting President to submit, as a functioning of government.’’ Id. at 751, dency and the demands of the President’s defendant, to a civil damages action directed The panel majority ignored this second schedule.’’ Pet. App. 13. at him personally. We believe that absent ex- basis for the holding of Fitzgerald. The first Judge Beam ‘‘concur[red] in the conclu- ceptional circumstances, an incumbent basis of Fitzgerald—that the threat of liabil- sions reached by Judge Bowman.’’ Pet. App. President should never be placed in this posi- ity might chill official Presidential decision 17. He stated that the issues presented ‘‘raise tion. And surely a President should not be making—is, of course, largely not present matters of substantial concern given the placed in this position for the first time in here, and accordingly, the President does not constitutional obligations of the office’’ of our history on the basis of a decision by a seek immunity from liability.4 But the sec- the Presidency. Pet. App. 17. He also ac- fragmented panel of a court of appeals, with- ond danger to the Presidency emphasized by knowledged that ‘‘judicial branch inter- out this Court’s review. Fitzgerald—the burdens inevitably attendant ference with the functioning of the presi- The decision of the court below is erro- upon being a defendant in a lawsuit—clearly dency should this suit be allowed to go for- neous in several respects. It is inconsistent exists here. the court of appeals simply dis- ward’’ is a matter of ‘‘major concern.’’ Pet. with the reasoning of Nixon v. Fitzgerald and regarded this ‘‘unique risk[] to the effective App. 21. He expressed his belief, however, with established separation of powers prin- functioning of government.’’ that this litigation could be managed with a ciples. The panel majority’s suggested cure 2. As the Fitzgerald Court demonstrated, ‘‘minimum of impact on the President’s for the separation of powers problems—‘‘ju- the principle that a siting President may not schedule.’’ Pet. App. 23. This could be accom- dicial case management sensitive to . . . the be subjected to private civil lawsuits has plished, he suggested, by the President’s demands of the President’s schedule’’ (Pet. deep roots in our traditions. See 457 U.S. at choosing to forgo attending his own trial or App. 13)—is worse than the disease: it gives a 751 n.31. Justice Story stated that becoming involved in discovery, or by limit- trial court a general power to set priorities ‘‘[t]he president cannot . . . be liable to ar- ing the number of pre-trial encounters be- for the President’s time and energies. The rest, imprisonment, or detention, while he is tween the President and respondent’s coun- panel majority also grossly overstated the in the discharge of the duties of his office; sel. Pet. App. 23–24. Judge Beam stated that supposedly extraordinary character of the and for this purpose his person must be S5536 CONGRESSIONAL RECORD — SENATE May 23, 1996 deemed, in civil cases at least, to possess an offi- 4. The panel majority similarly attempted and Sailors’ Civil Relief Act of 1940, 50 U.S.C. cial inviolability.’’ to downplay the demands that defending pri- app. §§ 501–25 (1988 & Supp. V 1993), provides 3 JOSEPH STORY, COMMENTARIES ON THE vate civil litigation would impose on the that civil claims by or against military per- CONSTITUTION OF THE UNITED STATES § 1563, President’s time and energies. Pet. App. 13– sonnel are to be tolled and stayed while they pp. 418–19 (1st ed. 1833) (emphasis added), 15. The concurring opinion in particular lik- are on active duty.8 Such relief is deemed quoted in Fitzgerald, 457 U.S. at 749. Senator ened the defense of a personal damages suit necessary to enable members of the armed Oliver Ellsworth and then-Vice President to the few instances when Presidents have forces ‘‘to devote their entire energy to the John Adams, both delegates to the Constitu- testified as witnesses in judicial or legisla- defense needs of the Nation.’’ 50 U.S.C. app. tional Convention, also agreed that tive proceedings. Pet. App. 22–23. This notion § 510 (1988). President Clinton here thus seeks ‘‘the President, personally, was not . . . is implausible on its face; there is no com- relief similar to that to which he may be en- subject to any process whatever . . . For parison between being a defendant in a civil titled as Commander-In-Chief of the Armed [that] would . . . put it in the power of a damages action and merely being a witness. Forces, and which is routinely available to common justice to exercise any authority Even so, Presidents have been called as wit- service members under his command. over him and stop the whole machine of Gov- nesses only in cases of exigent need, and only The so-called automatic stay provision of ernment.’’ under carefully controlled circumstances de- the Bankruptcy Code similarly provides that JOURNAL OF WILLIAM MACLAY 167 (E. signed to minimize intrusions on the Presi- litigation against a debtor is to be stayed as Maclay ed., 1890), quoted in Fitzgerald, 457 dent’s ability to carry out his duties. soon as a party files a bankruptcy petition. U.S. at 751 n.31. A sitting President has never been com- That stay affects all litigation that ‘‘was or President Jefferson was even more em- pelled to testify in civil proceedings. Presi- could have been commenced’’ prior to the fil- phatic: dents occasionally have been called upon to ing of that petition, 11 U.S.C. § 362 (1994), and ‘‘The leading principle of our Constitution testify in criminal proceedings, in order to ordinarily will remain in effect until the is the independence of the Legislature, exec- preserve the public’s interest in criminal law bankruptcy proceeding is completed. Id. 9 utive and judiciary of each other. . . . But enforcement (Fitzgerald, 457 U.S. at 754) and Thus, if respondent had sued a party who en- would the executive be independent of the ju- the defendant’s Constitutional right to com- tered bankruptcy, respondent would auto- diciary, if he were subject to the commands of pulsory process (U.S. Const. amend. VI; Unit- matically find herself in the same position the latter, & to imprisonment for disobe- ed States v. Burr, 25 F. Cas. 30, 33 (C.C.D. Va she will be in if the President prevails before dience; if the several courts could bandy him 1807) (No. 14,692d))—factors that are, of the Court—except that the bankruptcy stay from pillar to post, keep him constantly course, not present here. But even in those is indefinite, while the stay in this case has trudging from north to south & east to west, compelling cases, as Chief Justice Marshall a definite term, circumscribed by the con- and withdraw him entirely from his con- recognized, courts are not ‘‘required to pro- stitutional limit on a President’s tenure in stitutional duties?’’ ceed against the president as against an ordi- office. 10 The Works of Thomas Jefferson 404 n. nary individual.’’ United States v. Burr, 25 F. It is well established that courts, in appro- (Paul L. Ford ed., 1905), quoted in Fitzgerald, Cas. 187, 192 (C.C.D. Va. 1807) (No. 14,694). In- priate circumstances, may put off civil liti- 457 U.S. at 751 n.31. As the Court said in Fitz- stead, courts have required a heightened gation until the conclusion of a related gerald, ‘‘nothing in [the Framers’] debates showing of need for the President’s testi- criminal prosecution against the same de- suggests an expectation that the President mony, and have permitted it to be obtained fendant.10 That process may, of course, take would be subjected to the distraction of suits only in a manner that limits the disruption several years, and affords the civil plaintiff by disappointed private citizens.’’ 457 U.S. of his official functions, such as by no relief. The doctrine of primary jurisdic- 751 n.31. videotaped deposition.5 tion, where it applies, compels plaintiffs to 3. The panel majority minimized the sepa- In any event, there is an enormous dif- postpone the litigation of their civil claims ration of powers concerns that so troubled ference between being a third-party witness while they pursue administrative proceed- the Framers. It ruled that these problems and being a defendant threatened with finan- ings, even though the administrative pro- can never be addressed by postponing litiga- cially ruinous personal liability. This is true ceedings may not provide the relief they tion against the President until the end of even for a person with only the normal busi- seek. This process too can take several his term. Pet. App. 16. Instead, the panel ma- ness and personal responsibilities of every- years. See, e.g., Ricci v. Chicago Mercantile jority’s solution was ‘‘judicial case manage- day life—which are, of course, incalculably Exch., 409 U.S. 289, 306–07 (1973). And public ment sensitive to the burdens of the presi- less demanding than those of the President. officials who unsuccessfully raise a qualified dency and the demands of the President’s A President as a practical matter could immunity defense in a trial court are enti- schedule.’’ Pet. App. 13. Rather than solving never wholly ignore a suit such as the tled, in the usual case, to a stay of discovery the separation of powers problems raised by present one, which seeks to impugn the while they pursue an interlocutory appeal. allowing a suit to go forward against a sit- President’s character and to obtain $700,000 Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). ting President, the panel’s approach only ex- in putative damages from the President per- Such appeals can routinely delay litigation acerbates them. The panel majority envisioned that, sonally. ‘‘The need to defend damages suits for a substantial period. We do not suggest that all of these doc- throughout the course of litigation against would have the serious effect of diverting the trines operate in exactly the same way as him, a President could ‘‘pursue motions for attention of a President from his executive the relief that the President seeks here. But rescheduling, additional time, or continu- duties since defending a lawsuit today—even these examples thoroughly dispel any sug- ances’’ if he could show that the proceedings a lawsuit ultimately found to be frivolous— gestion that the President, in asking that ‘‘interfer[ed] with specific, particularized, often requires significant expenditures of this litigation be deferred, is somehow plac- clearly articulated presidential duties.’’ Pet. time and money, as many former public offi- ing himself ‘‘above the law,’’ or that holding App. 16. If the President disagreed with a de- cials have learned to their sorrow,’’ Fitzger- this litigation in abeyance would cision of the trial court, he could ‘‘petition ald, 457 U.S. at 763 (Burger, C.J., concurring). Judge Learned Hand once commented that impermissibly violate a plaintiff’s entitle- [the court of appeals] for a writ of mandamus as a litigant, he would ‘‘dread a lawsuit be- ment to access to the courts. More specifi- or prohibition.’’ Pet. App. 16. In other words, yond anything else short of sickness and cally, these examples demonstrate that what under the panel’s approach, a trial court death.’’ 6 In this regard the President is like the President is seeking—the temporary de- could insist, before considering a request by any other litigant, except that a President’s ferral of litigation—is relief that our judicial the President for adjustment in the litiga- litigation, like a President’s illness, becomes system routinely provides when significant tion schedule, that the President provide a the nation’s problem. institutional or public interests are at stake, ‘‘specific, particularized’’ explanation of why as they manifestly are here. he believed his official duties prevented him B. The Court of Appeals Erred in Viewing the from devoting his attention to the litigation Relief Sought by the President As Extraordinary C. The Panel Majority Erred In Asserting Juris- at that time. The court would then be in the The court below appears to have viewed diction Over, And Reversing, The District position of repeatedly evaluating the Presi- the President’s claim in this case as excep- Court’s Discretionary Decision To Stay The dent’s official priorities—precisely what Jef- tional, both in the relief that it sought and Trial Until After President Clinton Leaves Of- ferson so feared. in the burden that it imposed on respond- fice This approach is an obvious affront to the ent.7 In fact, far from seeking a ‘‘degree of 1. Respondent cross-appealed to challenge complex and delicate relationship between protection from suit for his private wrongs the district court’s order to stay trial. Ordi- the Judiciary and the Presidency. Neither enjoyed by no other public official (much narily, a decision by a district court to stay branch should be in a position where it must less ordinary citizens)’’ (Pet. App. 13), the re- proceedings is not a final decision for pur- approach the other for approval to carry out lief that the President seeks—the temporary poses of appeal. Moses H. Cone Memorial Hosp. its day-to-day responsibilities. Even if a trial deferral of litigation—is far from unknown v. Mercury Constr. Corp., 460 U.S. 1, 10 n.11 court discharged this mission with the great- in our system, and the burdens it would im- (1983). Such orders may be reviewed on an in- est judiciousness, it is difficult to think of pose on plaintiffs are not extraordinary. terlocutory basis only by writ of mandamus. anything more inconsistent with the separa- There are numerous instances where civil See U.S.C. § 651 (1994).11 Inserting that juris- tion of powers than to put a court in the po- plaintiffs are required to accept the tem- diction existed for her cross-appeal, the re- sition of continually passing judgment on porary postponement of litigation so that spondent did not seek such a writ or contend whether the President is spending time in a important institutional or public interests that the stay was appealable under 28 U.S.C. way the court finds acceptable. can be protected. For example, the Soldiers’ § 1291 (1994) as a final order, or as a collateral May 23, 1996 CONGRESSIONAL RECORD — SENATE S5537

order under Cohen v. Beneficial Indus. Loan ‘‘[T]he power to stay proceedings is inci- CONCLUSION Corp., 337 U.S. 541, 546 (1949). Instead respond- dental to the power inherent in every court For the foregoing reasons, we respectfully ent asserted, and the panel majority found, to control the disposition of the causes on its request that the President’s petition for writ that the Court of Appeals had ‘‘pendent ap- docket. . . . How this can best be done calls of certiorari be granted. pellate jurisdiction’’ over respondent’s cross- for the exercise of judgment, which must Respectfully submitted, appeal. Pet. App. 5 n.4. weigh competing interests and maintain an ROBERT S. BENNETT In Swint v. Chambers County Comm’n, 115 S. even balance.’’ Counsel of Record. Ct. 1203 (1995), this Court ruled that the no- Id. at 254–55. Indeed, the Court in Landis Carl S. Rauh, Alan Kriegel, Amy R. Sabrin, tion of ‘‘pendent appellate jurisdiction,’’ if specifically stated that Stephen P. Vaughn, Skadden, Arps, Slate, viable at all, is extremely narrow in scope ‘‘[e]specially in cases extraordinary public Meagher & Flom, 1440 New York Avenue, (see id. at 1212), and is not to be used ‘‘to par- moment, the [plaintiff] may be required to N.W., Washington, DC. 20005. lay Cohen-type collateral orders into multi- submit to delay not immoderate in extent Of Counsel: issue interlocutory appeal tickets.’’ Id. at and not oppressive in its consequences if the David A. Strauss, Geoffrey R. Stone, 1111 1211. The panel majority sought to avoid public welfare or convenience will thereby be East 60th Street, Chicago, Illinois 60637. May Swint by declaring that respondent’s cross- promoted.’’ 15, 1996. appeal was ‘‘inextricably intertwined’’ with Id. at 256. Attorneys for the Petitioner President Wil- The panel majority justified its reversal of the President’s appeal. Pet. App. 5 n.4. This liam Jefferson Clinton. the district court with a single sentence in a conclusion is incorrect. FOOTNOTES footnote: ‘‘Such an order, delaying the trial The question of whether the President is 1 until Mr. Clinton is no longer President, is The first two counts allege that in 1991, when the entitled, as a matter of law, to defer this liti- President was Governor of Arkansas and respondent gation is analytically distinct from the ques- the functional equivalent of a grant of tem- a state employee, he subjected respondent to sexual tion of whether a district court may exercise porary immunity to which, as we hold today, harassment and thereby deprived her of her civil its discretion to stay all or part of the litiga- Mr. Clinton is not constitutionally entitled.’’ rights in violation of 42 U.S.C. §§ 1983, 1985 (1994). A tion. The former question raises an issue of Pet. App. 13 n.9. It is unclear what the panel third claim alleges that the President thereby in- meant by labeling the district court’s order flicted emotional distress upon respondent. Finally, law, to be decided based on the President’s the ‘‘functional equivalent’’ of ‘‘temporary the complaint alleges that in 1994, while he was constitutional role and the separation of immunity’’, inasmuch as the district court President, petitioner defamed respondent through powers principles we have discussed; the lat- held that the litigation could go forward statements attributed to the White House Press Sec- ter is a discretionary determination to be retary and his lawyer, denying her much-publicized through all steps short of trial. But it is en- made on the basis of the particular facts of allegations against the President. tirely clear that the panel majority, in its the case. Moreover, the legal question of Arkansas State Trooper Danny Ferguson was sweeping and conclusory ruling, did not whether a President is entitled to defer liti- named as codefendant in two counts. Respondent al- begin to conduct the kind of careful weigh- leges that Trooper Ferguson approached her on the gation is one on which the district court’s ing of the particular facts and circumstances President’s behalf, thereby conspiring with the determination is entitled to no special def- that might warrant a conclusion that the President to deprive the respondent of her civil erence; a court’s exercise of discretion to trial court here abused its discretion. rights in violation of 42 U.S.C. § 1985. Respondent stay proceedings is a determination that can also alleges that Mr. Ferguson defamed her in state- be overturned only for abuse of that discre- D. The Court Should Grant Review Now To ments about a woman identified only as ‘‘Paula,’’ tion. Protect The Interests Of The Presidency which were attributed to an anonymous trooper in The district court, in deciding to postpone This is the only opportunity for the Court an article about President Clinton’s personal con- trial in this case, explicitly invoked its dis- to review the President’s claim and grant duct published in The American Spectator magazine. adequate relief. If review is declined at this Neither the publication nor the author was named cretionary powers over scheduling (Pet. App. as a defendant in the suit. point, the case will proceed in the trial 71 (citing Fed. R. Civ. P. 40 and ‘‘the equity 2 The stay of trial encompassed the claims against powers of the Court’’)), and based its decision court, and the interests the President seeks Trooper Ferguson as well, because the court found not only on the defendant’s status as Presi- to preserve by having the litigation de- that there was ‘‘too much interdependency of events dent—certainly a relevant and valid factor— ferred—interests ‘‘rooted in the constitu- and testimony to proceed piecemeal,’’ and that ‘‘it but also on a detailed discussion of the par- tional tradition of the separation of pow- would not be possible to try the Trooper adequately ticular circumstances of this case: ers’’—will be irretrievably lost. Fitzgerald, without testimony from the President.’’ Pet. App. 457 U.S. at 743, 749. Should the President pre- 71. ‘‘This is not a case in which any necessity 3 vail on the merits below, this Court will not Jurisdiction for the President’s appeal was found- exists to rush to trial. It is not a situation, ed on 28 U.S.C. § 1291 (1994) and the collateral order for example, in which someone has been ter- even have the opportunity to provide guid- doctrine, as articulated in Mitchell v. Forsyth, 472 ribly injured in an accident . . . and des- ance for future cases. U.S. 511, 526 (1985) and Nixon v. Fitzgerald, 457 U.S. perately needs to recover . . . damages. . . . Now, a court for the first time in history 731, 743 (1982). In our view, however, the court of ap- It is not a divorce action, or a child custody has held that a sitting President is required peals lacked jurisdiction to entertain respondent or child support case, in which immediate to defend a private civil damages action. Jones’ cross-appeal. See infra pp. 16–19. The district personal needs of other parties are at stake. This holding breaches historical understand- court stayed the litigation as to both defendants ings that are as appropriate today as ever be- pending appellate review. Pet. App. 74. Neither is this a case that would likely be 4 The President reserved the right below to assert fore.12 The court in Fitzgerald specifically an- tried with few demands on Presidential time, at the appropriate time, along with certain common such as an in rem foreclosure by a lending in- ticipated the threat posed by suits of this law immunities, the defense of absolute immunity stitution.’’ kind. Because of ‘‘the sheer prominence of to the defamation claim that arose during his Presi- ‘‘The situation here is that the Plaintiff the President’s office,’’ the Court noted, the dency. filed this action two days before the three- President ‘‘would be an easily identifiable 5 See e.g., United States v. McDougal, No. LR–CR–95– year statute of limitations expired. Obvi- target for suits for civil damages.’’ 457 U.S. 173 (E.D. Ark. Mar. 20, 1996) (videotaped deposition at the White House); United States v. Poindexter, 732 ously, Plaintiff Jones was in no rush to get at 752–53. Chief Justice Burger added: ‘‘When litigation processes are not tightly con- F. Supp. 142, 146–47 (D.C.C. 1990) (videotaped deposi- her case to court. . . . Consequently, the pos- tion); United States v. North, 713 F. Supp. 1448, 1449 sibility that Ms. Jones may obtain a judg- trolled . . . they can be and are used as (D.D.C. 1989) (quashing subpoena because defendant ment and damages in this matter does not mechanisms of extortion. Ultimate vindica- failed to show that President’s testimony would sup- appear to be of urgent nature for her, and a tion on the merits does not repair the dam- port his defense), aff’d, 910 F.2d 843 (D.C. Cir. 1990), delay in trial of the case will not harm her age.’’ Id. at 763 (concurring opinion). In these cert. denied, 500 U.S. 941 (1991); United States v. right to recover or cause her undue incon- circumstances, the fact that there is ‘‘no his- Fromme, 405 F. Supp. 578, 583 (E.D. Cal. 1975) torical record of numerous suits against the (videotaped deposition). venience.’’ 6 President’’—as there was no comparable 3 Lectures on Legal Topics, Assn. of the Bar of the Pet App. 70. City of New York 105 (1926), quoted in Fitzgerald, 457 Review of the district court’s discretionary record before Fitzgerald (id. at 753 n.33)—pro- U.S. at 763 n.6 (Burger, C.J., concurring). decision to postpone the trial—unlike review vides no reassurance at all that this case will 7 For example, the panel majority declared that of its decision to reject the President’s posi- be an isolated one. Article II ‘‘did not create a monarchy’’ and that the tion that the entire case should be deferred There is no question that the issues raised President is ‘‘cloaked with none of the attributes of as a matter of law—must address these par- by this case will have profound consequences sovereign immunity.’’ Pet. App. 6. ticular facts of this case. Thus the respond- for both the Presidency and the Judiciary. 8 Specifically, a lawsuit against an active-duty ent’s cross-appeal raised issues that, far from The last word on issues of this importance service member is to be stayed unless it can be shown that the defendant’s ‘‘ability . . . To conduct being ‘‘inextricably intertwined’’ with the should not be a decision by a splintered his defense is not materially affected by reason of President’s submission, can be resolved sepa- panel of a court of appeals—a decision that is his military service.’’ 50 U.S.C. app. § 521 (1988). rately from it. The panel majority’s expan- inconsistent with the precedents of this 9 Indeed, a bankruptcy judge’s discretion has been sion of the court of appeals’ jurisdiction over Court and with the constitutional tradition held sufficient to authorize a stay of third-party this interlocutory appeal was in error. of separation of powers. The Court has recog- litigation in other courts that conceivably could 2. The decision to reverse the district court nized that a ‘‘special solicitude [is] due to have an effect on the bankruptcy estate, even if the also was incorrect on the merits. As Justice claims alleging a threatened breach of essen- debtor is not a party to the litigation and the automatic stay is not triggered. See 11 U.S.C. § 105 (1994); Cardozo explained for this Court in Landis v. tial Presidential prerogatives under the sep- 2 COLLIER ON BANKRUPTCY T105.02 (Lawrence P. King North Am. Co., 299 U.S. 248 (1936), a trial aration of powers.’’ Id. at 743. The Court ed., 15th ed. 1994), and cases cited therein. judge’s decision to stay proceedings should should grant review now, to protect those 10 See, e.g., Koester v. American Republic Invs., 11 not be lightly overturned: prerogatives. F.3d 818, 823 (8th Cir. 1993); Wehling v. Columbia S5538 CONGRESSIONAL RECORD — SENATE May 23, 1996 Broadcasting Sys., 608 F.2d 1084 (5th Cir. 1979); United thereof, the Senate then proceed to Specter Thomas Thurmond States v. Mellon Bank, N.A., 545 F.2d 869 (3d Cir. 1976). Stevens Thompson Warner 11 Some courts recognize that exceptions may exist vote on adoption of the concurrent res- in cases in which a stay is ‘‘tantamount to a dismis- olution, and immediately thereafter, NAYS—46 sal’’ because it ‘‘effectively ends the litigation.’’ See, the Senate insist on its amendment, re- Akaka Ford Mikulski e.g., Boushel v. Toro Co., 985 F.2d 406, 408 (8th Cir. quest a conference with the House, and Baucus Glenn Moseley-Braun 1993); Cheyney State College Faculty v. Hufstedler, 703 Biden Graham Moynihan F.2d 732, 735 (3d Cir. 1983). Even assuming that this the Chair be authorized to appoint con- Bingaman Harkin Murray exception should be allowed, it is not applicable ferees on the part of the Senate, and Boxer Heflin Nunn here, where the district court’s order clearly con- that all of this occur without any in- Bradley Hollings Pell templated further proceedings in federal court. See tervening debate. Breaux Inouye Pryor Boushel, 985 F.2d at 408–09. Bryan Johnston Reid 12 Heretofore, there have been no private civil dam- The PRESIDING OFFICER. Without Byrd Kennedy Robb age suits initiated or actively litigated while defend- objection, it is so ordered. Conrad Kerrey Rockefeller ant was serving as President. While there are re- The clerk will report. Daschle Kerry Sarbanes corded private civil suits against Theodore Roo- Dodd Kohl Simon sevelt, Harry Truman and John F. Kennedy, all were The bill clerk read as follows: Dorgan Lautenberg Wellstone underway before the defendant assumed office. The A concurrent resolution (H. Con. Res. 178) Exon Leahy Wyden first two were dismissed by the time the defendant establishing the congressional budget for the Feingold Levin became President; after each took office, the dismis- Feinstein Lieberman sal as confirmed on appeal. See New York ex rel. Hur- United States Government for fiscal year ley v. Roosevelt, 179 N.Y. 544 (1904); DeVault v. Tru- 1997 and setting forth appropriate budgetary NOT VOTING—1 man, 194 S.W.2d 29 (Mo. 1946). The Kennedy case was levels for fiscal years 1998, 1999, 2000, 2001 and Bumpers filed while he was a candidate, and was settled after 2002. President Kennedy’s inauguration, without any dis- The concurrent resolution (H. Con. covery against the Chief Executive. See, Bailey v. The Senate proceeded to consider the Res. 178), as amended, was agreed to; as Kennedy, No. 757200, and Hills v. Kennedy, No. 757201 concurrent resolution. follows: (Los Angeles County Superior Court, both filed Oct. The PRESIDING OFFICER. The yeas Resolved, That the resolution from the 27, 1960). and nays have not been ordered. Mr. DASCHLE. Mr. President, we all House of Representatives (H. Con. Res. 178) Mr. DOMENICI. I ask for the yeas entitled ‘‘Concurrent resolution establishing ought to recognize this for what it is. and nays. the congressional budget for the United This is politics; this is an effort to em- The PRESIDING OFFICER. Is there a States Government for fiscal year 1997 and barrass the President of the United sufficient second? setting forth appropriate budgetary levels States. We all understand that. We all There is a sufficient second. for the fiscal years 1998, 1999, 2000, 2001, and 2002.’’, do pass with the following amend- fully appreciate what is going on here. The yeas and nays were ordered. The fact is, the President has said ment: over and over that the Constitution is CHANGE OF VOTE Strike out all after the resolving his source on all that he does. And cer- Mr. WARNER. Mr. President, I ask clause and insert: tainly in this case, that principle is unanimous consent to change my vote SECTION 1. CONCURRENT RESOLUTION ON THE again articulated in the statement on rollcall vote No. 153, the Domenici BUDGET FOR FISCAL YEAR 1997. second-degree amendment No. 4027, (a) DECLARATION.—The Congress determines made by Mr. Bennett. and declares that this resolution is the concur- The brief refers to five illustrative from ‘‘nay’’ to ‘‘aye.’’ The amendment was overwhelmingly rent resolution on the budget for fiscal year examples. That is all. They are illus- 1997, including the appropriate budgetary levels trative, they are analogous. In no way approved by a vote of 75 to 25, so a for fiscal years 1998, 1999, 2000, and 2001, as re- does the President rely on the Soldiers’ change in my vote will make no dif- quired by section 301 of the Congressional Budg- and Sailors’ Act for any defense or any ference in the outcome of the legisla- et Act of 1974, and including the appropriate exemption from legal action. So this tion. levels for fiscal year 2002. resolution is based on a completely I understand that amendment 4027 (b) TABLE OF CONTENTS.—The table of contents for this concurrent resolution is as follows: false premise and is totally mis- would add $5 billion in discretionary directed. spending authority, much of which will Sec. 1. Concurrent Resolution on the Budget for Fiscal Year 1997. We look forward to the opportunity go to medical research and education, of having many of these debates in the and that there is no impact on the De- TITLE I—LEVELS AND AMOUNTS coming months, because if we are going partment of Defense as proposed in the Sec. 101. Recommended levels and amounts. underlying Specter-Harkin amendment Sec. 102. Debt increase. to be devoting our attention to this Sec. 103. Social Security. kind of minutiae and this kind of No. 4012. Sec. 104. Major functional categories. politicization of our debate in the com- The PRESIDING OFFICER. Without Sec. 105. Reconciliation. ing months, as our colleagues appar- objection, it is so ordered. TITLE II—BUDGETARY RESTRAINTS AND ently plan to do, we will get nothing The PRESIDING OFFICER. The RULEMAKING done in this Senate. But that may be question is on agreeing to House Con- Sec. 201. Discretionary spending limits. their choice. current Resolution 178, as amended. Sec. 202. Tax reserve fund in the Senate. The fact is, the President clearly has The yeas and nays have been ordered. Sec. 203. Superfund reserve fund in the Senate. made his case. This amendment is in The clerk will call the roll. Sec. 204. Scoring of emergency legislation. error, and we will have more opportu- The assistant legislative clerk called Sec. 205. Exercise of rulemaking powers. nities to talk about it in the future. the roll. TITLE III—SENSE OF THE CONGRESS, The PRESIDING OFFICER. Under Mr. FORD. I announce that the Sen- HOUSE OF REPRESENTATIVES, AND SEN- ATE the previous order, the amendment of ator from Arkansas [Mr. BUMPERS] is the Senator from Alaska is withdrawn. necessarily absent. Sec. 301. Sense of the Congress on sale of Gov- ernment assets. The amendment (No. 4041) was with- The result was announced—yeas 53, Sec. 302. Sense of the Congress that tax reduc- drawn. nays 46, as follows: tions should benefit working fami- AMENDMENT NO. 4022 [Rollcall Vote No. 156 Leg.] lies. The PRESIDING OFFICER. Under YEAS—53 Sec. 303. Sense of the Congress on a Bipartisan the previous order, the question is on Commission on the Solvency of Abraham Domenici Kyl Medicare. agreeing to the MCCAIN amendment. Ashcroft Faircloth Lott Sec. 304. Sense of the Senate on considering a Bennett Frist The amendment (No. 4022) was agreed Lugar change in the minimum wage in to. Bond Gorton Mack Brown Gramm the Senate. Mr. DOMENICI. Mr. President, I ask McCain Burns Grams McConnell Sec. 305. Sense of the Senate on long term pro- unanimous consent that the Senate Campbell Grassley Murkowski jections in budget estimates. proceed to the immediate consider- Chafee Gregg Nickles Sec. 306. Sense of the Congress on medicare Coats Hatch Pressler transfers. ation of Calendar Order No. 413, House Cochran Hatfield Roth Sec. 307. Sense of the Senate on repeal of the Concurrent Resolution 178, the House Cohen Helms Santorum gas tax. budget resolution; further, that all Coverdell Hutchison Shelby Sec. 308. Sense of the Senate on medicare trust- after the resolving clause be stricken, Craig Inhofe D’Amato Jeffords Simpson ees report. the text of Senate Concurrent Resolu- DeWine Kassebaum Smith Sec. 309. Sense of the Congress regarding tion 57, as amended, be inserted in lieu Dole Kempthorne Snowe changes in the medicare program. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5539 Sec. 310. Sense of the Senate on funding to as- Fiscal year 1999: $1,176,100,000,000. 602, and 311 of the Congressional Budget Act of sist youth at risk. Fiscal year 2000: $1,229,900,000,000. 1974, the amounts of revenues of the Federal Sec. 311. Sense of the Senate regarding the use Fiscal year 2001: $1,289,600,000,000. Old-Age and Survivors Insurance Trust Fund of budgetary savings. Fiscal year 2002: $1,359,100,000,000. and the Federal Disability Insurance Trust Sec. 312. Sense of the Senate regarding the (B) The amounts by which the aggregate lev- Fund are as follows: transfer of excess Government els of Federal revenues should be changed are Fiscal year 1997: $384,900,000,000. computers to public schools. as follows: Fiscal year 1998: $401,900,000,000. Sec. 313. Sense of the Senate on Federal re- Fiscal year 1997: ¥$14,100,000,000. Fiscal year 1999: $422,800,000,000. treats. Fiscal year 1998: ¥$18,600,000,000. Fiscal year 2000: $444,200,000,000. Sec. 314. Sense of the Senate regarding the es- Fiscal year 1999: ¥$22,300,000,000. Fiscal year 2001: $463,900,000,000. sential air service program of the Fiscal year 2000: ¥$21,900,000,000. Fiscal year 2002: $485,700,000,000. Department of Transportation. Fiscal year 2001: ¥$21,500,000,000. (b) SOCIAL SECURITY OUTLAYS.—For purposes Sec. 315. Sense of the Senate regarding equal Fiscal year 2002: ¥$14,800,000,000. of Senate enforcement under sections 302, 602, retirement savings for home- (C) The amounts for Federal Insurance Con- and 311 of the Congressional Budget Act of 1974, makers. tributions Act revenues for hospital insurance the amounts of outlays of the Federal Old-Age Sec. 316. Sense of the Senate regarding the Na- within the recommended levels of Federal reve- and Survivors Insurance Trust Fund and the tional Institute of Drug Abuse. nues are as follows: Federal Disability Insurance Trust Fund are as Fiscal year 1997: $108,000,000,000. Sec. 317. Sense of the Senate regarding the ex- follows: Fiscal year 1998: $113,100,000,000. tension of the employer education Fiscal year 1997: $310,400,000,000. Fiscal year 1999: $119,200,000,000. assistance exclusion under section Fiscal year 1998: $323,000,000,000. Fiscal year 2000: $125,500,000,000. 127 of the Internal Revenue Code Fiscal year 2001: $131,300,000,000. Fiscal year 1999: $335,900,000,000. of 1986. Fiscal year 2002: $137,700,000,000. Fiscal year 2000: $349,300,000,000. Sec. 318. Sense of the Senate regarding the Eco- (2) NEW BUDGET AUTHORITY.—For purposes of Fiscal year 2001: $363,900,000,000. nomic Development Administra- the enforcement of this resolution, the appro- Fiscal year 2002: $378,800,000,000. tion placing high priority on priate levels of total new budget authority are SEC. 104. MAJOR FUNCTIONAL CATEGORIES. maintaining field-based economic as follows: The Congress determines and declares that the development representatives. Fiscal year 1997: $1,323,100,000,000. appropriate levels of new budget authority, Sec. 319. Sense of the Senate regarding revenue Fiscal year 1998: $1,361,600,000,000. budget outlays, new direct loan obligations, and assumptions. Fiscal year 1999: $1,392,400,000,000. new primary loan guarantee commitments for Sec. 320. Sense of the Senate regarding domestic Fiscal year 2000: $1,433,600,000,000. fiscal years 1997 through 2002 for each major violence. Fiscal year 2001: $1,454,000,000,000. functional category are: Sec. 321. Sense of the Senate regarding student Fiscal year 2002: $1,499,100,000,000. (1) National Defense (050): loans. (3) BUDGET OUTLAYS.—For purposes of the en- Fiscal year 1997: Sec. 322. Sense of the Senate regarding reduc- forcement of this resolution, the appropriate lev- (A) New budget authority, $265,600,000,000. tion of the national debt. els of total budget outlays are as follows: (B) Outlays, $263,700,000. Sec. 323. Sense of the Senate regarding hungry Fiscal year 1997: $1,318,600,000,000. (C) New direct loan obligations, $0. or homeless children. Fiscal year 1998: $1,353,500,000,000. (D) New primary loan guarantee commit- Sec. 324. Sense of the Senate on LIHEAP. Fiscal year 1999: $1,382,400,000,000. ments, $800,000,000. Sec. 325. Sense of the Congress regarding addi- Fiscal year 2000: $1,415,600,000,000. Fiscal year 1998: tional charges under the medicare Fiscal year 2001: $1,433,100,000,000. (A) New budget authority, $267,100,000,000. program. Fiscal year 2002: $1,467,400,000,000. (B) Outlays, $262,100,000,000. Sec. 326. Sense of the Congress regarding nurs- (4) DEFICITS.—For purposes of the enforce- (C) New direct loan obligations, $0. ing home standards. ment of this resolution, the amounts of the defi- (D) New primary loan guarantee commit- Sec. 327. Sense of the Congress concerning cits are as follows: ments, $200,000,000. nursing home care. Fiscal year 1997: $232,400,000,000. Fiscal year 1999: Sec. 328. Sense of the Congress regarding re- Fiscal year 1998: $223,600,000,000. (A) New budget authority, $269,500,000,000. quirements that welfare recipients Fiscal year 1999: $206,300,000,000. (B) Outlays, $265,100,000,000. be drug-free. Fiscal year 2000: $185,700,000,000. (C) New direct loan obligations, $0. Sec. 329. Sense of the Senate on Davis-Bacon. Fiscal year 2001: $143,500,000,000. (D) New primary loan guarantee commit- Sec. 330. Sense of the Senate on Davis-Bacon. Fiscal year 2002: $108,300,000,000. ments, $192,000,000. Sec. 331. Sense of Congress on reimbursement of (5) PUBLIC DEBT.—The appropriate levels of Fiscal year 2000: the United States for Operations the public debt are as follows: (A) New budget authority, $271,800,000,000. Southern Watch and Provide Fiscal year 1997: $5,449,000,000,000. (B) Outlays, $268,600,000,000. Comfort. Fiscal year 1998: $5,722,700,000,000. (C) New direct loan obligations, $0. Sec. 332. Accurate index for inflation. Fiscal year 1999: $5,975,100,000,000. (D) New primary loan guarantee commit- Sec. 333. Sense of the Senate on solvency of the Fiscal year 2000: $6,207,700,000,000. ments, $187,000,000. Medicare Trust Fund. Fiscal year 2001: $6,398,600,000,000. Fiscal year 2001: Sec. 334. Sense of the Congress that the 1993 in- Fiscal year 2002: $6,550,500,000,000. (A) New budget authority, $274,200,000,000. come tax increase on social secu- (6) DIRECT LOAN OBLIGATIONS.—The appro- (B) Outlays, $267,500,000,000. rity benefits should be repealed. priate levels of total new direct loan obligations (C) New direct loan obligations, $0. Sec. 335. Sense of the Senate regarding the Ad- are as follows: (D) New primary loan guarantee commit- ministration’s practice regarding Fiscal year 1997: $41,400,000,000. ments, $185,000,000. the prosecution of drug smugglers. Fiscal year 1998: $36,400,000,000. Sec. 336. Corporate subsidies and sale of Gov- Fiscal year 1999: $36,600,000,000. Fiscal year 2002: Fiscal year 2000: $36,500,000,000. ernment assets. (A) New budget authority, $276,900,000,000. Fiscal year 2001: $36,600,000,000. Sec. 337. Sense of the Senate on the Presidential (B) Outlays, $267,200,000,000. Fiscal year 2002: $36,600,000,000. Election Campaign Fund. (C) New direct loan obligations, $0. (7) PRIMARY LOAN GUARANTEE COMMIT- Sec. 338. Sense of the Senate regarding welfare (D) New primary loan guarantee commit- MENTS.—The appropriate levels of new primary reform. ments, $183,000,000. loan guarantee commitments are as follows: Sec. 339. A resolution regarding the Senate’s (2) International Affairs (150): Fiscal year 1997: $267,100,000,000. support for Federal, State, and Fiscal year 1997: Fiscal year 1998: $267,800,000,000. local law enforcement. (A) New budget authority, $14,200,000,000. Fiscal year 1999: $268,600,000,000. (B) Outlays, $14,900,000,000. Sec. 340. Sense of the Senate regarding the Fiscal year 2000: $269,700,000,000. funding of Amtrak. (C) New direct loan obligations, $4,333,000,000. Fiscal year 2001: $270,400,000,000. (D) New primary loan guarantee commit- Sec. 341. Sense of the Senate—Truth in Budget- Fiscal year 2002: $271,300,000,000. ing. ments, $18,110,000,000. SEC. 102. DEBT INCREASE. Fiscal year 1998: TITLE I—LEVELS AND AMOUNTS The amounts of the increase in the public debt (A) New budget authority, $12,700,000,000. SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. subject to limitation are as follows: (B) Outlays, $13,600,000,000. The following budgetary levels are appro- Fiscal year 1997: $290,000,000,000. (C) New direct loan obligations, $4,342,000,000. priate for the fiscal years 1997, 1998, 1999, 2000, Fiscal year 1998: $277,400,000,000. (D) New primary loan guarantee commit- 2001, and 2002: Fiscal year 1999: $256,000,000,000. ments, $18,262,000,000. (1) FEDERAL REVENUES.—For purposes of the Fiscal year 2000: $236,100,000,000. Fiscal year 1999: enforcement of this resolution— Fiscal year 2001: $193,300,000,000. (A) New budget authority, $11,600,000,000. (A) The recommended levels of Federal reve- Fiscal year 2002: $155,400,000,000. (B) Outlays, $12,600,000,000. nues are as follows: SEC. 103. SOCIAL SECURITY. (C) New direct loan obligations, $4,358,000,000. Fiscal year 1997: $1,086,200,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- (D) New primary loan guarantee commit- Fiscal year 1998: $1,129,900,000,000. poses of Senate enforcement under sections 302, ments, $18,311,000,000. S5540 CONGRESSIONAL RECORD — SENATE May 23, 1996 Fiscal year 2000: (A) New budget authority, $2,400,000,000. (C) New direct loan obligations, $1,856,000,000. (A) New budget authority, $12,000,000,000. (B) Outlays, $1,200,000,000. (D) New primary loan guarantee commit- (B) Outlays, $11,400,000,000. (C) New direct loan obligations, $1,031,000,000. ments, $197,340,000,000. (C) New direct loan obligations, $4,346,000,000. (D) New primary loan guarantee commit- Fiscal year 1998: (D) New primary loan guarantee commitments, $0. (A) New budget authority, $9,600,000,000. ments, $18,311,000,000. (5) Natural Resources and Environment (300): (B) Outlays, $5,700,000,000. Fiscal year 2001: Fiscal year 1997: (C) New direct loan obligations, $1,787,000,000. (A) New budget authority, $12,400,000,000. (A) New budget authority, $20,300,000,000. (D) New primary loan guarantee commit- (B) Outlays, $11,500,000,000. (B) Outlays, $21,500,000. ments, $196,750,000,000. (C) New direct loan obligations, $4,395,000,000. (C) New direct loan obligations, $37,000,000. Fiscal year 1999: (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (A) New budget authority, $10,600,000,000. ments, $18,409,000,000. ments, $0. (B) Outlays, $6,100,000,000. Fiscal year 2002: Fiscal year 1998: (C) New direct loan obligations, $1,763,000,000. (A) New budget authority, $12,700,000,000. (A) New budget authority, $20,000,000,000. (D) New primary loan guarantee commit- (B) Outlays, $11,500,000,000. (B) Outlays, $20,900,000,000. ments, $196,253,000,000. (C) New direct loan obligations, $4,387,000,000. (C) New direct loan obligations, Fiscal year 2000: (D) New primary loan guarantee commit- $41,000,000,000. (A) New budget authority, $12,600,000,000. ments, $18,409,000,000. (D) New primary loan guarantee commit- (B) Outlays, $7,500,000,000. (3) General Science, Space, and Technology ments, $0. (C) New direct loan obligations, $1,759,000,000. (250): Fiscal year 1999: (D) New primary loan guarantee commit- Fiscal year 1997: (A) New budget authority, $19,900,000,000. ments, $195,883,000,000. (A) New budget authority, $16,700,000,000. (B) Outlays, $20,600,000,000. Fiscal year 2001: (B) Outlays, $16,800,000,000. (C) New direct loan obligations, $38,000,000. (A) New budget authority, $11,400,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $7,400,000,000. (D) New primary loan guarantee commitments, $0. (C) New direct loan obligations, $1,745,000,000. ments, $0. Fiscal year 2000: (D) New primary loan guarantee commit- Fiscal year 1998: (A) New budget authority, $19,500,000,000. ments, $195,375,000,000. (A) New budget authority, $16,100,000,000. (B) Outlays, $20,100,000,000. Fiscal year 2002: (B) Outlays, $16,300,000,000. (C) New direct loan obligations, $38,000,000. (A) New budget authority, $11,700,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $7,400,000,000. (D) New primary loan guarantee commitments, $0. (C) New direct loan obligations, $1,740,000,000. ments, $0. Fiscal year 2001: (D) New primary loan guarantee commit- Fiscal year 1999: (A) New budget authority, $19,400,000,000. ments, $194,875,000,000. (A) New budget authority, $15,700,000,000. (B) Outlays, $19,600,000,000. (8) Transportation (400): (B) Outlays, $15,900,000,000. (C) New direct loan obligations, $38,000,000. Fiscal year 1997: (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (A) New budget authority, $42,600,000,000. (D) New primary loan guarantee commitments, $0. (B) Outlays, $39,300,000,000. ments, $0. Fiscal year 2002: (C) New direct loan obligations, $15,000,000. Fiscal year 2000: (A) New budget authority, $19,300,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $15,400,000,000. (B) Outlays, $19,400,000,000. ments, $0. (B) Outlays, $15,500,000,000. (C) New direct loan obligations, $38,000,000. Fiscal year 1998: (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (A) New budget authority, $43,300,000,000. (D) New primary loan guarantee commitments, $0. (B) Outlays, $37,000,000,000. ments, $0. (6) Agriculture (350): (C) New direct loan obligations, $15,000,000. Fiscal year 2001: Fiscal year 1997: (D) New primary loan guarantee commit- (A) New budget authority, $15,500,000,000. (A) New budget authority, $12,800,000,000. ments, $0. (B) Outlays, $15,500,000,000. (B) Outlays, $11,000,000,000. Fiscal year 1999: (C) New direct loan obligations, $0. (C) New direct loan obligations, $7,794,000,000. (A) New budget authority, $43,800,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $35,600,000,000. ments, $0. ments, $5,870,000,000. (C) New direct loan obligations, $15,000,000. Fiscal year 2002: Fiscal year 1998: (D) New primary loan guarantee commit- (A) New budget authority, $15,500,000,000. (A) New budget authority, $12,500,000,000. ments, $0. (B) Outlays, $15,500,000,000. (B) Outlays, $10,600,000,000. Fiscal year 2000: (C) New direct loan obligations, $0. (C) New direct loan obligations, $9,346,000,000. (A) New budget authority, $43,500,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $34,100,000,000. ments, $0. ments, $6,637,000,000. (C) New direct loan obligations, $15,000,000. (4) Energy (270): Fiscal year 1999: (D) New primary loan guarantee commit- Fiscal year 1997: (A) New budget authority, $12,200,000,000. ments, $0. (A) New budget authority, $3,700,000,000. (B) Outlays, $10,300,000,000. Fiscal year 2001: (B) Outlays, $3,100,000,000. (C) New direct loan obligations, (A) New budget authority, $43,700,000,000. (C) New direct loan obligations, $1,033,000,000. $10,743,000,000. (B) Outlays, $33,700,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (C) New direct loan obligations, $15,000,000 ments, $0. ments, $6,586,000,000. (D) New primary loan guarantee commit- Fiscal year 1998: Fiscal year 2000: ments, $0. (A) New budget authority, $2,900,000,000. (A) New budget authority, $11,500,000,000. Fiscal year 2002: (B) Outlays, $2,200,000,000. (B) Outlays, $9,700,000,000. (A) New budget authority, $44,000,000. (C) New direct loan obligations, $1,039,000,000. (C) New direct loan obligations, (B) Outlays, $33,200,000,000. (D) New primary loan guarantee commit- $10,736,000,000. (C) New direct loan obligations, $15,000,000. ments, $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Fiscal year 1999: ments, $6,652,000,000. ments, $0. (A) New budget authority, $2,600,000,000. Fiscal year 2001: (9) Community and Regional Development (B) Outlays, $1,800,000,000. (A) New budget authority, $10,500,000,000. (450): (C) New direct loan obligations, $1,045,000,000. (B) Outlays, $8,700,000,000. Fiscal year 1997: (D) New primary loan guarantee commit- (C) New direct loan obligations, (A) New budget authority, $9,900,000,000. ments, $0. $10,595,000,000. (B) Outlays, $10,800,000,000. Fiscal year 2000: (D) New primary loan guarantee commit- (C) New direct loan obligations, $1,222,000,000. (A) New budget authority, $2,500,000,000. ments, $6,641,000,000. (D) New primary loan guarantee commit- (B) Outlays, $1,600,000,000. Fiscal year 2002: ments, $2,133,000,000. (C) New direct loan obligations, $1,036,000,000. (A) New budget authority, $10,300,000,000. Fiscal year 1998: (D) New primary loan guarantee commit- (B) Outlays, $8,400,000,000. (A) New budget authority, $6,700,000,000. ments, $0. (C) New direct loan obligations, (B) Outlays, $9,500,000,000. Fiscal year 2001: $10,570,000,000. (C) New direct loan obligations, $1,242,000,000. (A) New budget authority, $2,700,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) Outlays, $1,600,000,000. ments, $6,709,000,000. ments, $2,133,000,000. (C) New direct loan obligations, $1,000,000,000. (7) Commerce and Housing Credit (370): Fiscal year 1999: (D) New primary loan guarantee commit- Fiscal year 1997: (A) New budget authority, $6,700,000,000. ments, $0. (A) New budget authority, $8,100,000,000. (B) Outlays, $8,600,000,000. Fiscal year 2002: (B) Outlays, ¥$2,400,000,000. (C) New direct loan obligations, $1,265,000,000. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5541 (D) New primary loan guarantee commit- Fiscal year 2001: (A) New budget authority, $7,800,000,000. ments, $2,171,000,000. (A) New budget authority, $160,300,000,000. (B) Outlays, $10,500,000,000. Fiscal year 2000: (B) Outlays, $159,900,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $6,700,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $7,700,000,000. (D) New primary loan guarantee commitments, $0. (C) New direct loan obligations, $1,288,000,000. ments, $0. Fiscal year 1998: (D) New primary loan guarantee commit- Fiscal year 2002: (A) New budget authority, $8,500,000,000. ments, $2,171,000,000. (A) New budget authority, $167,200,000,000. (B) Outlays, $11,200,000,000. Fiscal year 2001: (B) Outlays, $166,700,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $6,700,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $7,200,000,000. (D) New primary loan guarantee commitments, $0. (C) New direct loan obligations, $1,317,000,000. ments, $0. Fiscal year 1999: (D) New primary loan guarantee commit- (12) Medicare (570): (A) New budget authority, $9,200,000,000. ments, $2,202,000,000. Fiscal year 1997: (B) Outlays, $11,900,000,000. Fiscal year 2002: (A) New budget authority, $193,200,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $6,600,000,000. (B) Outlays, $191,500,000,000. (D) New primary loan guarantee commit- (B) Outlays, $6,700,000,000. (C) New direct loan obligations, $0. ments, $0. (C) New direct loan obligations, $1,343,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: (D) New primary loan guarantee commitments, $0. (A) New budget authority, $10,000,000,000. ments, $2,202,000,000. Fiscal year 1998: (B) Outlays, $12,700,000,000. (10) Education, Training, Employment, and (A) New budget authority, $205,900,000,000. (C) New direct loan obligations, $0. Social Services (500): (B) Outlays, $204,200,000,000. (D) New primary loan guarantee commit- Fiscal year 1997: (C) New direct loan obligations, $0. ments, $0. (A) New budget authority, $51,400,000,000. (D) New primary loan guarantee commit- Fiscal year 2001: (B) Outlays, $51,500,000,000. ments, $0. (A) New budget authority, $10,800,000,000. (C) New direct loan obligations, Fiscal year 1999: (B) Outlays, $13,500,000,000. $16,219,000,000. (A) New budget authority, $216,700,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $214,400,000,000. (D) New primary loan guarantee commitments, $15,469,000,000. (C) New direct loan obligations, $0. ments, $0. Fiscal year 1998: (D) New primary loan guarantee commit- Fiscal year 2002: (A) New budget authority, $49,000,000,000. ments, $0. (A) New budget authority, $11,600,000,000. (B) Outlays, $48,900,000,000. Fiscal year 2000: (B) Outlays, $14,300,000,000. (C) New direct loan obligations, (A) New budget authority, $227,300,000,000. (C) New direct loan obligations, $0. $19,040,000,000. (B) Outlays, $225,600,000,000. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. ments, $0. ments, $14,760,000,000. (D) New primary loan guarantee commit- (15) Veterans Benefits and Services (700): Fiscal year 1999: ments, $0. Fiscal year 1997: (A) New budget authority, $50,200,000,000. Fiscal year 2001: (A) New budget authority, $39,000,000,000. (B) Outlays, $49,400,000,000. (A) New budget authority, $239,300,000,000. (B) Outlays, $39,500,000,000. (C) New direct loan obligations, (B) Outlays, $237,600,000,000. (C) New direct loan obligations, $935,000,000. $21,781,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) New primary loan guarantee commitments, $26,362,000,000. ments, $13,854,000,000. ments, $0. Fiscal year 1998: Fiscal year 2000: Fiscal year 2002: (A) New budget authority, $38,600,000,000. (A) New budget authority, $51,000,000,000. (A) New budget authority, $253,500,000,000. (B) Outlays, $39,300,000,000. (B) Outlays, $50,200,000,000. (B) Outlays, $251,100,000,000. (C) New direct loan obligations, $962,000,000. (C) New direct loan obligations, (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- $22,884,000,000. (D) New primary loan guarantee commitments, $25,925,000,000. (D) New primary loan guarantee commitments, $0. Fiscal year 1999: ments, $14,589,000,000. (13) Income Security (600): (A) New budget authority, $38,700,000,000. Fiscal year 2001: Fiscal year 1997: (B) Outlays, $39,300,000,000. (A) New budget authority, $51,800,000,000. (A) New budget authority, $232,400,000,000. (C) New direct loan obligations, $987,000,000. (B) Outlays, $50,900,000,000. (B) Outlays, $240,300,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, (C) New direct loan obligations, $0. ments, $25,426,000,000. $23,978,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: (D) New primary loan guarantee commitments, $0. (A) New budget authority, $38,700,000,000. ments, $15,319,000,000. Fiscal year 1998: (B) Outlays, $40,400,000,000. Fiscal year 2002: (A) New budget authority, $241,900,000,000. (C) New direct loan obligations, $1,021,000,000. (A) New budget authority, $52,600,000,000. (B) Outlays, $51,700,000,000. (B) Outlays, $245,200,000,000. (D) New primary loan guarantee commit- (C) New direct loan obligations, (C) New direct loan obligations, $0. ments, $24,883,000,000. $25,127,000,000. (D) New primary loan guarantee commit- Fiscal year 2001: (D) New primary loan guarantee commitments, $0. (A) New budget authority, $38,800,000,000. ments, $16,085,000,000. Fiscal year 1999: (B) Outlays, $37,700,000,000. (11) Health (550): (A) New budget authority, $246,500,000,000. (C) New direct loan obligations, $1,189,000,000. Fiscal year 1997: (B) Outlays, $253,000,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $131,400,000,000. (C) New direct loan obligations, $0. ments, $24,298,000,000. (B) Outlays, $132,400,000,000. (D) New primary loan guarantee commit- Fiscal year 2002: (C) New direct loan obligations, $0. ments, $0. (A) New budget authority, $39,000,000,000. (D) New primary loan guarantee commit- Fiscal year 2000: (B) Outlays, $39,300,000,000. ments, $187,000,000. (A) New budget authority, $264,600,000,000. (C) New direct loan obligations, $1,194,000,000. Fiscal year 1998: (B) Outlays, $264,500,000,000. (D) New primary loan guarantee commit- (A) New budget authority, $137,400,000,000. (C) New direct loan obligations, $0. ments, $23,668,000,000. (B) Outlays, $137,800,000,000. (D) New primary loan guarantee commit- (16) Administration of Justice (750): (C) New direct loan obligations, $0. ments, $0. Fiscal year 1997: (D) New primary loan guarantee commit- Fiscal year 2001: (A) New budget authority, $21,700,000,000. ments, $94,000,000. (A) New budget authority, $264,100,000,000. (B) Outlays, $20,600,000,000. Fiscal year 1999: (B) Outlays, $268,500,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $144,000,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $144,100,000,000. (D) New primary loan guarantee commitments, $0. (C) New direct loan obligations, $0. ments, $0. Fiscal year 1998: (D) New primary loan guarantee commit- Fiscal year 2002: (A) New budget authority, $22,300,000,000. ments, $0. (A) New budget authority, $282,800,000,000. (B) Outlays, $21,600,000,000. Fiscal year 2000: (B) Outlays, $281,100,000,000. (C) New direct loan obligations, $0. (A) New budget authority, $152,800,000,000. (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (B) Outlays, $152,700,000,000. (D) New primary loan guarantee commitments, $0. (C) New direct loan obligations, $0. ments, $0. Fiscal year 1999: (D) New primary loan guarantee commit- (14) Social Security (650): (A) New budget authority, $23,300,000,000. ments, $0. Fiscal year 1997: (B) Outlays, $22,400,000,000. S5542 CONGRESSIONAL RECORD — SENATE May 23, 1996 (C) New direct loan obligations, $0. Fiscal year 2002: SEC. 105. RECONCILIATION. (D) New primary loan guarantee commit- (A) New budget authority, $303,400,000,000. (a) FIRST RECONCILIATION OF SPENDING RE- ments, $0. (B) Outlays, $303,400,000,000. DUCTIONS.— Fiscal year 2000: (C) New direct loan obligations, $0. (1) SENATE COMMITTEES.—Not later than June (A) New budget authority, $23,300,000,000. (D) New primary loan guarantee commit- 14, 1996, the committees named in this subsection (B) Outlays, $23,000,000,000. ments, $0. shall submit their recommendations to the Com- (C) New direct loan obligations, $0. (19) The corresponding levels of gross interest mittee on the Budget of the Senate. After receiv- (D) New primary loan guarantee commit- on the public debt are as follows: ing those recommendations, the Committee on ments, $0. Fiscal year 1997: $348,234,000,000. the Budget shall report to the Senate a rec- Fiscal year 2001: Fiscal year 1998: $351,240,000,000. onciliation bill carrying out all such rec- (A) New budget authority, $19,900,000,000. Fiscal year 1999: $348,465,000,000. ommendations without any substantive revision. (B) Outlays, $19,800,000,000. Fiscal year 2000: $349,951,000,000. (A) COMMITTEE ON AGRICULTURE, NUTRITION, (C) New direct loan obligations, $0. Fiscal year 2001: $351,311,000,000. AND FORESTRY.—The Senate Committee on Agri- (D) New primary loan guarantee commit- Fiscal year 2002: $352,756,000,000. culture, Nutrition, and Forestry shall report ments, $0. (20) Allowances (920): changes in laws within its jurisdiction that pro- Fiscal year 2002: Fiscal year 1997: vide direct spending (as defined in section (A) New budget authority, $19,900,000,000. (A) New budget authority, ¥$1,600,000,000. 250(c)(8) of the Balanced Budget and Emergency (B) Outlays, $19,800,000,000. (B) Outlays, $800,000,000. Deficit Control Act of 1985) to reduce outlays (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. $1,994,000,000 in fiscal year 1997 and (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- $29,376,000,000 for the period of fiscal years 1997 ments, $0. ments, $0. through 2002. (17) General Government (800): Fiscal year 1998: (B) COMMITTEE ON FINANCE.—The Senate Committee on Finance shall report changes in Fiscal year 1997: (A) New budget authority, ¥$200,000,000. (A) New budget authority, $13,800,000,000. (B) Outlays, $100,000,000. laws within its jurisdiction that provide direct (B) Outlays, $13,700,000,000. (C) New direct loan obligations, $0. spending (as defined in section 250(c)(8) of the (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- Balanced Budget and Emergency Deficit Con- (D) New primary loan guarantee commitments, $0. trol Act of 1985) to reduce outlays $95,402,000,000 ments, $0. Fiscal year 1999: for the period of fiscal years 1997 through 2002. (b) FINAL RECONCILIATION OF SPENDING RE- Fiscal year 1998: (A) New budget authority, ¥$400,000,000. DUCTIONS.— (A) New budget authority, $13,600,000,000. (B) Outlays, ¥$300,000,000. (B) Outlays, $13,600,000,000. (1) SENATE COMMITTEES.—If legislation is en- (C) New direct loan obligations, $0. acted pursuant to subsection (a), then no later (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- than July 12, 1996, the committees named in this ments, $0. subsection shall submit their recommendations ments, $0. Fiscal year 2000: Fiscal year 1999: to the Committee on the Budget of the Senate. (A) New budget authority, ¥$800,000,000. After receiving those recommendations, the (A) New budget authority, $13,300,000,000. (B) Outlays, ¥$500,000,000. (B) Outlays, $13,300,000,000. Committee on the Budget shall report to the (C) New direct loan obligations, $0. Senate a reconciliation bill carrying out all such (C) New direct loan obligations, $0. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- recommendations without any substantive revi- ments, $0. sion. ments, $0. Fiscal year 2001: Fiscal year 2000: (A) COMMITTEE ON AGRICULTURE, NUTRITION, (A) New budget authority, ¥$1,200,000,000. (A) New budget authority, $13,200,000,000. AND FORESTRY.—The Senate Committee on Agri- (B) Outlays, ¥$1,100,000,000. culture, Nutrition, and Forestry shall report (B) Outlays, $13,100,000,000. (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. changes in laws within its jurisdiction that pro- (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- vide direct spending (as defined in section ments, $0. ments, $0. 250(c)(8) of the Balanced Budget and Emergency Fiscal year 2002: Fiscal year 2001: Deficit Control Act of 1985) to reduce outlays (A) New budget authority, ¥$3,700,000,000. (A) New budget authority, $13,300,000,000. $86,000,000,000 in fiscal year 1997 and (B) Outlays, ¥$3,700,000,000. (B) Outlays, $13,200,000,000. $251,000,000,000 for the period of fiscal years (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. 1997 through 2002. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (B) COMMITTEE ON ARMED SERVICES.—The ments, $0. ments, $0. Senate Committee on Armed Services shall re- (21) Undistributed Offsetting Receipts (950): Fiscal year 2002: port changes in laws within its jurisdiction that Fiscal year 1997: (A) New budget authority, $13,500,000,000. provide direct spending (as defined in section (B) Outlays, $13,300,000,000. (A) New budget authority, ¥$43,700,000,000. 250(c)(8) of the Balanced Budget and Emergency (C) New direct loan obligations, $0. (B) Outlays, ¥$43,700,000,000. Deficit Control Act of 1985) to reduce outlays (D) New primary loan guarantee commit- (C) New direct loan obligations, $0. $79,000,000,000 in fiscal year 1997 and ments, $0. (D) New primary loan guarantee commit- $649,000,000,000 for the period of fiscal years (18) Net Interest (900): ments, $0. 1997 through 2002. Fiscal year 1997: Fiscal year 1998: (C) COMMITTEE ON BANKING, HOUSING, AND (A) New budget authority, $282,800,000,000. (A) New budget authority, ¥$35,700,000,000. URBAN AFFAIRS.—The Senate Committee on (B) Outlays, $282,800,000,000. (B) Outlays, ¥$35,700,000,000. Banking, Housing, and Urban Affairs shall re- (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. port changes in laws within its jurisdiction that (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- provide direct spending (as defined in section ments, $0. ments, $0. 250(c)(8) of the Balanced Budget and Emergency Fiscal year 1998: Fiscal year 1999: Deficit Control Act of 1985) to reduce outlays (A) New budget authority, $289,400,000,000. (A) New budget authority, ¥$34,900,000,000. $3,628,000,000 in fiscal year 1997 and (B) Outlays, $289,400,000,000. (B) Outlays, ¥$34,900,000,000. $3,605,000,000 for the period of fiscal years 1997 (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. through 2002. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (D) COMMITTEE ON COMMERCE, SCIENCE, AND ments, $0. ments, $0. TRANSPORTATION.—The Senate Committee on Fiscal year 1999: Fiscal year 2000: Commerce, Science, and Transportation shall re- (A) New budget authority, $293,200,000,000. (A) New budget authority, ¥$36,700,000,000. port changes in laws within its jurisdiction that (B) Outlays, $293,200,000,000. (B) Outlays, ¥$36,700,000,000. provide direct spending (as defined in section (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. 250(c)(8) of the Balanced Budget and Emergency (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- Deficit Control Act of 1985) to reduce outlays $0 ments, $0. ments, $0. in fiscal year 1997 and $19,396,000,000 for the pe- Fiscal year 2000: Fiscal year 2001: riod of fiscal years 1997 through 2002. (A) New budget authority, $294,700,000,000. (A) New budget authority, ¥$38,500,000,000. (E) COMMITTEE ON ENERGY AND NATURAL RE- (B) Outlays, $294,700,000,000. (B) Outlays, ¥$38,500,000,000. SOURCES.—The Senate Committee on Energy and (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. Natural Resources shall report changes in laws (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- within its jurisdiction that provide direct spend- ments, $0. ments, $0. ing (as defined in section 250(c)(8) of the Bal- Fiscal year 2001: Fiscal year 2002: anced Budget and Emergency Deficit Control (A) New budget authority, $298,900,000,000. (A) New budget authority, ¥$40,100,000,000. Act of 1985) to reduce outlays $84,000,000 in fis- (B) Outlays, $298,900,000,000. (B) Outlays, ¥$40,100,000,000. cal year 1997 and $1,433,000,000 for the period of (C) New direct loan obligations, $0. (C) New direct loan obligations, $0. fiscal years 1997 through 2002. (D) New primary loan guarantee commit- (D) New primary loan guarantee commit- (F) COMMITTEE ON ENVIRONMENT AND PUBLIC ments, $0. ments, $0. WORKS.—The Senate Committee on Environment May 23, 1996 CONGRESSIONAL RECORD — SENATE S5543 and Public Works shall report changes in laws (A) for the defense category $267,831,000,000 in revenues by providing family tax relief, fuel tax within its jurisdiction that provide direct spend- new budget authority and $262,962,000,000 in relief, and incentives to stimulate savings, in- ing (as defined in section 250(c)(8) of the Bal- outlays; and vestment, job creation, and economic growth if anced Budget and Emergency Deficit Control (B) for the nondefense category such legislation will not increase the deficit Act of 1985) to reduce outlays $87,000,000 in fis- $221,322,000,000 in new budget authority and for— cal year 1997 and $2,212,000,000 for the period of $258,698,000,000 in outlays; (1) fiscal year 1997; fiscal years 1997 through 2002. (3) with respect to fiscal year 1999, for the dis- (2) the period of fiscal years 1997 through (G) COMMITTEE ON FINANCE.—The Senate cretionary category $493,221,000,000 in new 2001; or Committee on Finance shall report changes in budget authority and $525,742,000,000 in out- (3) the period of fiscal years 2002 through laws within its jurisdiction that provide direct lays; 2006. (b) REVISED ALLOCATIONS.—Upon the consid- spending (as defined in section 250(c)(8) of the (4) with respect to fiscal year 2000, for the dis- eration of legislation pursuant to subsection (a), Balanced Budget and Emergency Deficit Con- cretionary category $500,037,000,000 in new the Chairman of the Committee on the Budget of trol Act of 1985) to reduce outlays $6,716,000,000 budget authority and $525,071,000,000 in out- the Senate may file with the Senate appro- in fiscal year 1997 and $169,707,000,000 for the lays; priately revised allocations under sections 302(a) period of fiscal years 1997 through 2002. (5) with respect to fiscal year 2001, for the dis- and 602(a) of the Congressional Budget Act of (H) COMMITTEE ON GOVERNMENTAL AFFAIRS.— cretionary category $492,468,000,000 in new 1974 and revised functional levels and aggre- The Senate Committee on Governmental Affairs budget authority and $517,708,000,000 in out- gates to carry out this section. These revised al- shall report changes in laws within its jurisdic- lays; and locations, functional levels, and aggregates tion that reduce the deficit $955,000,000 in fiscal (6) with respect to fiscal year 2002, for the dis- shall be considered for the purposes of the Con- year 1997 and $8,789,000,000 for the period of fis- cretionary category $501,177,000,000 in new gressional Budget Act of 1974 as allocations, cal years 1997 through 2002. budget authority and $515,979,000,000 in out- functional levels, and aggregates contained in (I) COMMITTEE ON THE JUDICIARY.—The Sen- lays; this resolution. ate Committee on the Judiciary shall report as adjusted for changes in concepts and defini- (c) REPORTING REVISED ALLOCATIONS.—The changes in laws within its jurisdiction that pro- tions and emergency appropriations. appropriate committee shall report appropriately vide direct spending (as defined in section (b) POINT OF ORDER IN THE SENATE.— revised allocations pursuant to sections 302(b) 250(c)(8) of the Balanced Budget and Emergency (1) IN GENERAL.—Except as provided in para- and 602(b) of the Congressional Budget Act of Deficit Control Act of 1985) to reduce outlays $0 graph (2), it shall not be in order in the Senate 1974 to carry out this section. in fiscal year 1997 and $476,000,000 for the pe- to consider— SEC. 203. SUPERFUND RESERVE FUND IN THE riod of fiscal years 1997 through 2002. (A) a revision of this resolution or any con- SENATE. (J) COMMITTEE ON LABOR AND HUMAN RE- current resolution on the budget for fiscal year (a) IN GENERAL.—After the enactment of legis- SOURCES.—The Senate Committee on Labor and 1998 (or amendment, motion, or conference relation that reforms the Superfund program and Human Resources shall report changes in laws port on such a resolution) that provides discre- extends Superfund taxes, in the Senate, budget within its jurisdiction that provide direct spend- tionary spending in excess of the sum of the de- authority and outlays allocated to the Commit- ing (as defined in section 250(c)(8) of the Bal- fense and nondefense discretionary spending tee on Appropriations under sections 302(a) and anced Budget and Emergency Deficit Control limits for such fiscal year; 602(a) of the Congressional Budget Act of 1974, Act of 1985) to reduce outlays $725,000,000 in fis- (B) any concurrent resolution on the budget the appropriate functional levels, the appro- cal year 1997 and $3,097,000,000 for the period of for fiscal year 1999, 2000, 2001, or 2002 (or priate budget aggregates, and the discretionary fiscal years 1997 through 2002. amendment, motion, or conference report on spending limits in section 201 of this resolution (K) COMMITTEE ON VETERANS’ AFFAIRS.—The such a resolution) that provides discretionary may be revised to provide additional budget au- Senate Committee on Veterans’ Affairs shall re- spending in excess of the discretionary spending thority and the outlays flowing from that budg- port changes in laws within its jurisdiction that limit for such fiscal year; or et authority for the Superfund program, pursu- provide direct spending (as defined in section (C) any appropriations bill or resolution (or ant to this section. 250(c)(8) of the Balanced Budget and Emergency amendment, motion, or conference report on (b) DEFICIT NEUTRAL ADJUSTMENTS.— Deficit Control Act of 1985) to reduce outlays such appropriations bill or resolution) for fiscal (1) ALLOCATIONS.— $175,000,000 in fiscal year 1997 and $5,198,000,000 year 1997, 1998, 1999, 2000, 2001, or 2002 that (A) COMMITTEE ALLOCATIONS.—In the Senate, for the period of fiscal years 1997 through 2002. would exceed any of the discretionary spending upon reporting of an appropriations measure, or when a conference committee submits a con- (c) RECONCILIATION OF REVENUE REDUC- limits in this section or suballocations of those ference report thereon, that appropriates funds TIONS.— limits made pursuant to section 602(b) of the for the Superfund program in excess of (1) SENATE COMMITTEE.—If the legislation is Congressional Budget Act of 1974. $1,302,000,000, the chairman of the Committee on enacted pursuant to subsections (a) and (b), (2) EXCEPTION.— the Budget of the Senate may submit revised al- then no later than September 18, 1996, the Com- (A) IN GENERAL.—This section shall not apply locations, functional levels, budget aggregates, mittee on Finance shall report to the Senate a if a declaration of war by the Congress is in ef- and discretionary spending limits to carry out reconciliation bill proposing changes in laws fect or if a joint resolution pursuant to section this section that adds to such allocations, levels, within its jurisdiction necessary to reduce reve- 258 of the Balanced Budget and Emergency Def- aggregates, and limits an amount that is equal nues by not more than $15,359,000,000 in fiscal icit Control Act of 1985 has been enacted. to such excess. These revised allocations, levels, year 2002 and $116,104,000,000 for the period of (B) ENFORCEMENT OF DISCRETIONARY LIMITS aggregates, and limits shall be considered for fiscal years 1997 through 2002 and reduce out- IN FY 1997.—Until the enactment of reconcili- the purposes of the Congressional Budget Act of lays $1,692,000,000 in fiscal year 1997 and ation legislation pursuant to subsections (a) and 1974 as the allocations, levels, aggregates, and $11,524,000,000 for the period of fiscal years 1997 (b) of section 105 of this resolution and for pur- limits contained in this resolution. through 2002. poses of the application of paragraph (1), only (d) TREATMENT OF RECONCILIATION BILLS FOR (B) COMMITTEE SUBALLOCATIONS.—The Com- subparagraph (C) of paragraph (1) shall apply mittee on Appropriations of the Senate may re- PRIOR SURPLUS.—For purposes of section 202 of to fiscal year 1997. House Concurrent Resolution 67 (104th Con- port appropriately revised suballocations pursu- (c) WAIVER.—This section may be waived or ant to sections 302(b)(1) and 602(b)(1) of the gress), legislation which reduces revenues pur- suspended in the Senate only by the affirmative suant to a reconciliation instruction contained Congressional Budget Act of 1974 following the vote of three-fifths of the Members, duly chosen revision of the allocations pursuant to subpara- in subsection (c) shall be taken together with all and sworn. other legislation enacted pursuant to the rec- graph (A). (d) APPEALS.—Appeals in the Senate from the (2) LIMITATIONS.—The adjustments under this onciliation instructions contained in this resolu- decisions of the Chair relating to any provision subsection shall not exceed— tion when determining the deficit effect of such of this section shall be limited to 1 hour, to be (A) the net revenue increase for a fiscal year legislation. equally divided between, and controlled by, the resulting from the enactment of legislation that TITLE II—BUDGETARY RESTRAINTS AND appellant and the manager of the concurrent extends Superfund taxes; and RULEMAKING resolution, bill, or joint resolution, as the case (B) $898,000,000 in budget authority for a fis- SEC. 201. DISCRETIONARY SPENDING LIMITS. may be. An affirmative vote of three-fifths of the cal year and the outlays flowing from such (a) DEFINITION.—As used in this section and Members of the Senate, duly chosen and sworn, budget authority in all fiscal years. for the purposes of allocations made pursuant to shall be required in the Senate to sustain an ap- SEC. 204. SCORING OF EMERGENCY LEGISLATION. section 302(a) or 602(a) of the Congressional peal of the ruling of the Chair on a point of Notwithstanding section 606(d)(2) of the Con- Budget Act of 1974, for the discretionary cat- order raised under this section. gressional Budget Act of 1974, the determina- egory, the term ‘‘discretionary spending limit’’ (e) DETERMINATION OF BUDGET LEVELS.—For tions under sections 302, 303, 311, and 602 of means— purposes of this section, the levels of new budget such Act shall take into account any new budg- (1) with respect to fiscal year 1997— authority, outlays, new entitlement authority, et authority, new entitlement authority, out- (A) for the defense category $266,362,000,000 in and revenues for a fiscal year shall be deter- lays, receipts, or deficit effects as a consequence new budget authority and $264,568,000,000 in mined on the basis of estimates made by the of the provisions of sections 251(b)(2)(D) and outlays; and Committee on the Budget of the Senate. 252(e) of the Balanced Budget and Emergency (B) for the nondefense category SEC. 202. TAX RESERVE FUND IN THE SENATE. Deficit Control Act of 1985. $227,845,000,000 in new budget authority and (a) IN GENERAL.—In the Senate, revenue and SEC. 205. EXERCISE OF RULEMAKING POWERS. $270,923,000,000 in outlays; spending aggregates may be reduced and alloca- The Congress adopts the provisions of this (2) with respect to fiscal year 1998— tions may be revised for legislation that reduces title— S5544 CONGRESSIONAL RECORD — SENATE May 23, 1996 (1) as an exercise of the rulemaking power of gently addressed on a comprehensive basis, in- wage to minimize job loss for new entrants into the Senate and the House of Representatives, re- cluding a review of the program’s financing the job market; and spectively, and as such they shall be considered methods, benefit provisions, and delivery mecha- (10) the Senate should schedule consideration as part of the rules of each House, or of that nisms.’’. of legislation that addresses in the same bill, as House to which they specifically apply, and (b) SENSE OF THE CONGRESS.—It is the sense of a single proposal, the minimum wage and the such rules shall supersede other rules only to the Congress that in order to meet the aggre- provisions of S. 295 no later than the month of the extent that they are inconsistent therewith; gates and levels in this budget resolution— June 1996. and (1) a special bipartisan commission should be SEC. 305. SENSE OF THE SENATE ON LONG-TERM (2) with full recognition of the constitutional established immediately to make recommenda- PROJECTIONS IN BUDGET ESTI- right of either House to change those rules (so tions concerning the most appropriate response MATES. far as they relate to that House) at any time, in to the short-term solvency and long-term sus- It is the sense of the Senate that— the same manner, and to the same extent as in tainability issues facing the medicare program; (1) the report accompanying a concurrent res- the case of any other rule of that House. and olution on the budget should include an analysis, prepared after consultation with the Direc- TITLE III—SENSE OF THE CONGRESS, (2) the commission should report to Congress tor of the Congressional Budget Office, of the HOUSE OF REPRESENTATIVES, AND its recommendations prior to the adoption of a concurrent resolution’s impact on revenues and SENATE concurrent budget resolution for fiscal year 1998 in order that the committees of jurisdiction may outlays for entitlements for the period of 30 fis- SEC. 301. SENSE OF THE CONGRESS ON SALE OF consider these recommendations in fashioning cal years; and GOVERNMENT ASSETS. an appropriate congressional response. (2) the President should include in his budget (a) SENSE OF THE CONGRESS.—It is the sense of SEC. 304. SENSE OF THE SENATE ON CONSIDER- each year, an analysis of the budget’s impact on the Congress that— ING A CHANGE IN THE MINIMUM revenues and outlays for entitlements for the pe- (1) the prohibition on scoring asset sales has WAGE IN THE SENATE. riod of 30 fiscal years, and that the President discouraged the sale of assets that can be better It is the sense of the Senate that— should also include generational accounting in- managed by the private sector and generate re- (1) proposals to increase the minimum wage formation each year in the President’s budget. ceipts to reduce the Federal budget deficit; have important economic and budgetary con- SEC. 306. SENSE OF THE CONGRESS ON MEDI- (2) the President’s fiscal year 1997 budget in- sequences, as there are about 3,600,000 workers CARE TRANSFERS. cluded $3,900,000,000 in receipts from asset sales at or below the minimum wage under current (a) FINDINGS.—The Congress finds that— and proposed a change in the asset sale scoring law, according to the Congressional Budget Of- (1) home health care provides a broad spec- rule to allow the proceeds from these sales to be fice (‘‘CBO’’); trum of health and social services to approxi- scored; (2) S. 413, a bill to increase the minimum mately 3,500,000 medicare beneficiaries in the (3) assets should not be sold if such sale would wage, would increase costs for State and local comfort of their homes; increase the budget deficit over the long run; governments by $1,030,000,000 over the period (2) the President has proposed reimbursing the and 1996 to 2000, according to the CBO, and would, first 100 home health care visits after a hospital (4) the asset sale scoring prohibition should be therefore, violate section 425(a)(2) of the Con- stay through medicare part A and reimbursing repealed and consideration should be given to gressional Budget Act of 1974 regarding un- all other visits through medicare part B, shifting replacing it with a methodology that takes into funded intergovernmental mandates; responsibility for $55,000,000,000 of spending account the long-term budgetary impact of asset (3) S. 413 would increase costs for the private from the Hospital Insurance Trust Fund to the sales. sector by $12,300,000,000 over the period 1996 to general revenues that pay for medicare part B; (b) DEFINITIONS.—For purposes of this section, 2000 and would reduce jobs by between 100,000 (3) such a transfer does nothing to control the term ‘‘sale of an asset’’ shall have the same and 500,000, according to the CBO; medicare spending, and is merely a bookkeeping meaning as under section 250(c)(21) of the Bal- (4) increasing the minimum wage would have change which artificially extends the solvency anced Budget and Emergency Deficit Control significant interactions with other Federal of the Hospital Insurance Trust Fund; Act of 1985. spending and tax programs, including welfare (4) this transfer of funds camouflages the need SEC. 302. SENSE OF THE CONGRESS THAT TAX RE- programs and the earned income credit; to make changes in the medicare program to en- DUCTIONS SHOULD BENEFIT WORK- (5) States have the authority to increase the sure the long-term solvency of the Hospital In- ING FAMILIES. minimum wage in their States, and, as of Feb- surance Trust Fund, which the Congressional It is the sense of the Congress that this con- ruary 1996, 10 States, plus Puerto Rico and Budget Office now states will become bankrupt current resolution on the budget assumes any Washington, D.C., had minimum wages above in the year 2001, a year earlier than projected in reductions in taxes should be structured to bene- the Federal minimum wage; the 1995 report by the Trustees of the Social Se- fit working families by providing family tax re- (6) although raising the minimum wage will curity and Medicare Trust Funds; lief and incentives to stimulate savings, invest- increase incomes for some workers, it is a poorly (5) Congress will be breaking a commitment to ment, job creation, and economic growth. targeted approach to helping poor and low-in- the American people if it does not act to ensure SEC. 303. SENSE OF THE CONGRESS ON A BIPAR- come families because— the solvency of the entire medicare program in TISAN COMMISSION ON THE SOL- (A) it will eliminate jobs for some minimum- both the short- and long-term; VENCY OF MEDICARE. and low-wage workers; (6) the President’s proposal would force those (a) FINDINGS.—Congress finds that— (B) 85 percent of workers in poor families are in need of chronic care services to rely upon the (1) the Trustees of medicare have concluded paid more than the minimum wage, and nearly availability of general revenues to provide fi- that ‘‘the medicare program is clearly 60 percent are paid more than $5.25 per hour, nancing for these services, making them more unsustainable in its present form’’; according to the CBO; vulnerable to benefits changes than under cur- (2) the Trustees of medicare concluded in 1995 (C) most minimum wage workers are not poor, rent law; and that ‘‘the Hospital Insurance Trust Fund, with some 70 percent in households with in- (7) according to the National Association of which pays inpatient hospital expenses, will be comes above 150 percent of the poverty line, ac- Home Care, shifting medicare home care payable to pay benefits for only about 7 years and cording to the CBO; and ments from part A to part B would deemphasize is severely out of financial balance in the long (D) most minimum wage workers do not stay the importance of home care by eliminating its range’’; at the minimum wage very long, with two-thirds status as part of the Hospital Insurance Trust (3) preliminary data made available to the getting a pay raise within the first year, accord- Fund, thereby undermining access to the less Congress indicate that the Hospital Trust Fund ing to the CBO; costly form of care. will go bankrupt in the year 2001, rather than (7) the best approach to increasing wages and (b) SENSE OF CONGRESS.—It is the sense of the year 2002, as predicted last year; incomes for working families is to promote poli- Congress that in meeting the spending targets (4) the Public Trustees of medicare have con- cies that enhance economic growth and job cre- specified in the budget resolution, Congress cluded that ‘‘the Supplementary Medical Insur- ation, such as increasing net national savings should not accept the President’s proposal to ance Trust Fund shows a rate of growth of costs and investment by balancing the Federal budget transfer spending from one part of medicare to which is clearly unsustainable’’; and promoting private savings and investment another in its efforts to preserve, protect, and (5) the Bipartisan Commission on Entitlement through fundamental tax reform; improve the medicare program. and Tax Reform concluded that, absent long- (8) legislation to change the minimum wage SEC. 307. SENSE OF THE SENATE ON REPEAL OF term changes in medicare, projected medicare should be considered in the Senate in an orderly THE GAS TAX. outlays will increase from about 4 percent of the manner as part of the regular consideration of (a) FINDINGS.—The Senate finds that— payroll tax base today to over 15 percent of the matters related to the budget and the economy (1) the President originally proposed a payroll tax base by the year 2030; and not as an unscheduled amendment to unre- $72,000,000,000 energy excise tax (the so-called (6) the Bipartisan Commission on Entitlement lated legislation; BTU tax) as part of the Omnibus Budget Rec- and Tax Reform recommended, by a vote of 30 to (9) there are important issues which should be onciliation Act of 1993 (OBRA 93) which in- 1, that spending and revenues available for considered in the same legislation and in concluded a new tax on transportation fuels; medicare must be brought into long-term bal- junction with proposals to raise the minimum (2) in response to opposition in the Senate to ance; and wage, such as allowing for improvements in the the BTU tax, the President and the Congress (7) in the most recent Trustees’ report, the workplace by enabling cooperative efforts be- adopted instead a new 4.3 cents per gallon Public Trustees of medicare ‘‘strongly rec- tween labor and management as provided for in transportation fuels tax as part of OBRA 93, ommend that the crisis presented by the finan- S. 295, the Team Work for Employees and Man- which represented a 30 percent increase in the cial condition of the medicare trust funds be ur- agement Act of 1995, and maintaining a training existing motor fuels tax; May 23, 1996 CONGRESSIONAL RECORD — SENATE S5545 (3) the OBRA 93 transportation fuels tax has and issue their 1996 report as soon as possible; justice and law enforcement effort, including cost American motorists an estimated and domestic prevention efforts reinforcing the idea $14,000,000,000 to $15,000,000,000 since it went (2) in light of the Trustees’ delay thus far, the that prevention begins at home; into effect on October 1, 1993; Chief Actuary of the Medicare Trust Fund (7) the Office of National Drug Control Policy (4) the OBRA 93 transportation fuels tax is re- should share with Congress immediately any reports that between 1991 and 1995, marijuana gressive, creating a larger financial impact on preliminary information on the current finan- use among 8th, 10th, and 12th graders has in- lower and middle income motorists than on cial status of the Trust Fund. creased and is continuing to spiral upward; upper income motorists; SEC. 309. SENSE OF THE CONGRESS REGARDING and (5) the OBRA 93 transportation fuels tax im- CHANGES IN THE MEDICARE PRO- poses a disproportionate burden on rural citi- GRAM. (8) the Center for Substance Abuse Prevention zens who do not have access to public transpor- (a) FINDINGS.—Congress finds that, in achiev- reports that in 1993, substance abuse played a tation services, and who must rely on their ing the spending levels specified in this resolu- role in over 70 percent of rapes, over 60 percent automobiles and drive long distances, to work, tion— of incidents of child abuse, and almost 60 per- to shop, and to receive medical care; (1) the public trustees of medicare have con- cent of murders nationwide. (6) the average American faces a substantial cluded that ‘‘the medicare program is clearly (b) SENSE OF THE SENATE.—It is the sense of tax burden, and the increase of this tax burden unsustainable in its present form’’; the Senate that the functional totals underlying through the OBRA 93 transportation fuels tax (2) the President has said his goal is to keep this concurrent resolution on the budget assume represented and continues to represent an inap- the medicare hospital insurance trust fund sol- that— propriate and unwarranted means of reducing vent for more than a decade, but his budget (1) sufficient funding should be provided to the Nation’s budget deficit; transfers $55,000,000,000 of home health spend- programs which assist youth at risk to reduce il- (7) retail gasoline prices in the United States ing from medicare part A to medicare part B; legal drug use and the incidence of youth crime (3) the transfer of home health spending have increased an average of 19 cents per gallon and violence; threatens the delivery of home health services to since the beginning of the year to the highest (2) priority should be given to determine level since the Persian Gulf War, and the OBRA 3.5 million medicare beneficiaries; (4) such a transfer increases the burden on ‘‘what works’’ through scientifically recognized, 93 transportation fuels tax exacerbates the im- general revenues, including income taxes paid independent evaluations of existing programs to pact of this price increase on consumers; maximize the Federal investment; and (8) continuation of the OBRA 93 transpor- by working Americans, by $55,000,000,000; (5) such a transfer artificially inflates the sol- tation fuels tax will exacerbate the impact on (3) efforts should be made to ensure coordina- vency of the medicare hospital insurance trust consumers of any future gasoline price spikes tion and eliminate duplication among federally fund, misleading the Congress, medicare bene- that result from market conditions; and supported at-risk youth programs. (9) the fiscal year 1997 budget resolution will ficiaries, and working taxpayers; (6) the Director of the Congressional Budget SEC. 311. SENSE OF THE SENATE REGARDING THE assume a net tax cut totaling $122,000,000,000 USE OF BUDGETARY SAVINGS. Office has certified that, without such a trans- over six years, which exceeds the revenue impact fer, the President’s budget extends the solvency (a) FINDINGS.—The Senate finds that— of a repeal of the OBRA 93 transportation fuels of the hospital insurance trust fund for only one (1) in August of 1994, the Bipartisan Commis- tax, and will establish a reserve fund which may additional year; and sion on Entitlement and Tax Reform issued an be used to provide other forms of tax relief, in- (7) without misleading transfers, the Presi- Interim Report to the President, which found cluding relief from the OBRA 93 transportation dent’s budget therefore fails to achieve his own that, ‘‘To ensure that today’s debt and spending fuels tax, on a deficit neutral basis. stated goal for the medicare hospital insurance commitments do not unfairly burden America’s (b) SENSE OF THE SENATE.—It is the sense of trust fund. children, the Government must act now. A bi- the Senate that the revenue levels and proce- (b) SENSE OF THE CONGRESS.—It is the sense of partisan coalition of Congress, led by the Presi- dures in this resolution provide that— the Congress that, in achieving the spending (1) the Congress and the President should im- dent, must resolve the long-term imbalance be- levels specified in this resolution, the Congress tween the Government’s entitlement promises mediately approve legislation to repeal the 4.3 assumes that the Congress would— cents per gallon transportation fuels tax con- and the funds it will have available to pay for (1) keep the medicare hospital insurance trust them’’; tained in the Omnibus Budget Reconciliation fund solvent for more than a decade, as rec- (2) unless the Congress and the President act Act of 1993 through the end of 1996; ommended by the President; and (2) the Congress and the President should ap- (2) accept the President’s proposed level of together in a bipartisan way, overall Federal prove, through the fiscal year 1997 budget proc- medicare part B savings of $44,100,000,000 over spending is projected by the Commission to rise ess, legislation to permanently repeal the 4.3 the period 1997 through 2002; but would from the current level of slightly over 22 percent cents per gallon transportation fuels tax con- (3) reject the President’s proposal to transfer of the Gross Domestic Product of the United tained in the Omnibus Budget Reconciliation home health spending from one part of medicare States (hereafter in this section referred as Act of 1993; and to another, which threatens the delivery of ‘‘GDP’’) to over 37 percent of GDP by the year (3) the savings generated by the repeal of the home health care services to 3.5 million medicare 2030; 4.3 cents per gallon transportation fuels tax con- beneficiaries, artificially inflates the solvency of (3) the source of that growth is not domestic tained in OBRA 93 should be fully passed on to the medicare hospital insurance trust fund, and discretionary spending, which is approximately consumers. increases the burden on general revenues, in- the same portion of GDP now as it was in 1969, SEC. 308. SENSE OF THE SENATE ON MEDICARE cluding income taxes paid by working Ameri- the last time at which the Federal budget was in TRUSTEES REPORT. cans, by $55,000,000,000. balance; (a) FINDINGS.—The Senate finds that— SEC. 310. SENSE OF THE SENATE ON FUNDING TO (4) mandatory spending was only 29.6 percent (1) the Trustees of the Medicare Hospital In- ASSIST YOUTH AT RISK. of the Federal budget in 1963, but is estimated to surance (HI) Trust Fund serve as fiduciaries for (a) FINDINGS.—The Senate finds that— account for 72 percent of the Federal budget in one of the Federal Government’s most important (1) there is an increasing prevalence of vio- the year 2003; programs, and as fiduciaries provide critically lence and drug use among this country’s youth; important information each year to the Congress (2) recognizing the magnitude of this problem (5) social security, medicare and medicaid, to- and the public on the financial status of the the Federal Government must continue to maxi- gether with interest on the national debt, are Medicare HI Fund; mize efforts in addressing the increasing preva- the largest sources of the growth of mandatory (2) the Trustees are required to issue a report lence of violence and drug use among this coun- spending; on the financial status of the medicare HI Trust try’s youth, with necessary adherence to budget (6) ensuring the long-term future of the social Fund by April 1 of each year; guidelines; security system is essential to protecting the re- (3) the April 1995 Trustees Report stated that (3) the Federal Bureau of Investigation retirement security of the American people; the Medicare HI Trust Fund would go bankrupt ports that between 1985 and 1994, juvenile ar- (7) the Social Security Trust Fund is projected in the year 2002, but in 1995 the Congress and rests for violent crime increased by 75 percent to begin spending more than it takes in by ap- the President could not agree on a plan to ex- nationwide; proximately the year 2013, with Federal budget tend the solvency of the medicare program; (4) the United States Attorney General reports deficits rising rapidly thereafter unless appro- (4) in 1996, the Congress and the public re- that 20 years ago, fewer than half our cities re- priate policy changes are made; quire timely information on the full and exact ported gang activity and now, a generation (8) ensuring the future of medicare and medic- nature of medicare’s financial condition in later, reasonable estimates indicate that there aid is essential to protecting access to high-qual- order to understand what actions must be taken are more than 500,000 gang members in more ity health care for senior citizens and poor to extend the solvency of the of the Medicare HI than 16,000 gangs on the streets of our cities re- women and children; Trust Fund; and sulting in more than 580,000 gang-related crimes (5) despite the April 1 deadline, the 1996 Medi- in 1993; (9) Federal health care expenses have been care Trustees Report has not yet been issued, (5) the Justice Department’s Office of Juvenile rising at double digit rates, and are projected to and each day of delay further jeopardizes Con- Justice and Delinquency Prevention reports that triple to 11 percent of GDP by the year 2030 un- gress’ ability to respond appropriately to fore- in 1994, law enforcement agencies made over less appropriate policy changes are made; and stall the program’s bankruptcy. 2,700,000 arrests of persons under age 18, with (10) due to demographic factors, Federal (b) SENSE OF THE SENATE.—It is the sense of juveniles accounting for 19 percent of all violent health care expenses are projected to double by the Senate that the levels in this budget resolu- crime arrests across the country; the year 2030, even if health care cost inflation tion assume that— (6) the Congressional Task Force on National is restrained after 1999, so that costs for each (1) the Medicare Trustees should discharge Drug Policy recently set forth a series of rec- person of a given age grow no faster than the their fiduciary and statutory responsibilities ommendations for strengthening the criminal economy. S5546 CONGRESSIONAL RECORD — SENATE May 23, 1996

(b) SENSE OF THE SENATE.—It is the sense of of the Department of Transportation under sub- time, more than 40 percent had used drugs in the Senate that budget savings in the manda- chapter II of chapter 417 of title 49, United the month before their offense with 27 percent tory spending area should be used— States Code, should receive a sufficient level of under the influence of drugs at the time of their (1) to protect and enhance the retirement se- funding to continue to provide air service to offense. A significant number said they were curity of the American people by ensuring the small rural communities that qualify for assist- trying to get money for drugs when they com- long-term future of the social security system; ance under the program. mitted their crime. (2) to protect and enhance the health care se- SEC. 315. SENSE OF THE SENATE REGARDING (9) More than 60 percent of juveniles and curity of senior citizens and poor Americans by EQUAL RETIREMENT SAVINGS FOR young adults in State-operated juvenile institu- ensuring the long-term future of medicare and HOMEMAKERS. tions reported using drugs once a week or more medicaid; and (a) FINDINGS.—The Senate finds that the as- for at least a month some time in the past, and (3) to restore and maintain Federal budget sumptions of this budget resolution take into ac- almost 40 percent reported being under the in- discipline, to ensure that the level of private in- count that— fluence of drugs at the time of their offense. vestment necessary for long-term economic (1) by teaching and feeding our children and (10) This concurrent resolution proposes that growth and prosperity is available. caring for our elderly, American homemakers budget authority for the NIH (including NIDA) SEC. 312. SENSE OF THE SENATE REGARDING THE are an important, vital part of our society; be held constant at the fiscal year 1996 level of TRANSFER OF EXCESS GOVERNMENT (2) homemakers retirement needs are the same $11,950,000,000 through fiscal year 2002. COMPUTERS TO PUBLIC SCHOOLS. as all Americans, and thus they need every op- (11) At such appropriation level, it would be (a) ASSUMPTIONS.—The figures contained in portunity to save and invest for retirement; impossible for NIH and NIDA to maintain re- this resolution are based on the following as- (3) because they are living on a single income, search momentum through research project sumptions: homemakers and their spouses often have less grants. (1) America’s children must obtain the nec- income for savings; (12) Level funding for NIH in fiscal year 1997 essary skills and tools needed to succeed in the (4) individual retirement accounts are pro- would reduce the number of competing research technologically advanced 21st century; vided by the Congress in the Internal Revenue project grants by nearly 500, from 6,620 in fiscal (2) Executive Order 12999 outlines the need to Code to assist Americans for retirement savings; year 1996 to approximately 6,120 competing re- make modern computer technology an integral (5) currently, individual retirement accounts search project grants, reducing NIH’s ability to part of every classroom, provide teachers with permit workers other than homemakers to make maintain research momentum and to explore the professional development they need to use deductible contributions of $2,000 a year, but new ideas in research. new technologies effectively, connect classrooms limit homemakers to deductible contributions of (13) NIH is the world’s preeminent research to the National Information Infrastructure, and $250 a year; institution dedicated to the support of science encourage the creation of excellent education (6) limiting homemakers individual retirement inspired by and focused on the challenges of software; account contributions to an amount less than human illness and health. (3) many private corporations have donated the contributions of other workers discriminates (14) NIH programs are instrumental in improv- educational software to schools, which are lack- against homemakers. ing the quality of life for Americans through im- ing the necessary computer hardware to utilize (b) SENSE OF THE SENATE.—It is the sense of proving health and reducing monetary and per- this equipment; the Senate that the revenue level assumed in sonal costs of illnesses. (4) current inventories of excess Federal Gov- this budget resolution provides for legislation to (15) The discovery of an anti-addiction drug ernment computers are being conducted in each make individual retirement account deductible to block the craving of illicit addictive sub- Federal agency; and contribution limits for homemakers equal to the stances will benefit all of American society. (5) there is no current communication being individual retirement account deductible con- (b) SENSE OF THE CONGRESS.—It is the sense of made between Federal agencies with this excess tribution limits for all other American workers, the Congress that amounts appropriated for the equipment and the schools in need of these com- and that the Congress and the President should National Institutes of Health— puters. immediately approve such legislation in the ap- (1) for fiscal year 1997 should be increased by (b) SENSE OF THE SENATE.—It is the sense of propriate reconciliation vehicle. a minimum of $33,000,000; the Senate that the functional totals and rec- SEC. 316. SENSE OF THE SENATE REGARDING THE (2) for fiscal year 1998 should be increased by onciliation instructions in this budget resolution NATIONAL INSTITUTE OF DRUG a minimum of $67,000,000; assume that the General Services Administration ABUSE. (3) for fiscal year 1999 should be increased by should place a high priority on facilitating di- (a) FINDINGS.—Congress finds the following: a minimum of $100,000,000; rect transfer of excess Federal Government com- (1) The National Institute on Drug Abuse (4) for fiscal year 2000 should be increased by puters to public schools and community-based (hereafter referred to in this section as ‘‘NIDA’’) a minimum of $100,000,000; educational organizations. a part of the National Institutes of Health (5) for fiscal year 2001 should be increased by SEC. 313. SENSE OF THE SENATE ON FEDERAL RE- (hereafter referred to in this section as ‘‘NIH’’) a minimum of $100,000,000; and TREATS. supports over 85 percent of the world’s drug (6) for fiscal year 2002 should be increased by It is the sense of the Senate that the assump- abuse research that has totally revolutionized a minimum of $100,000,000; tions underlying the functional totals in this our understanding of addiction. above its fiscal year 1996 appropriation for addi- resolution assume that all Federal agencies will (2) One of NIDA’s most significant areas of re- tional research into an anti-addiction drug to refrain from using Federal funds for expenses search has been the identification of the block the craving of illicit addictive substances. neurobiological bases of all aspects of addiction, incurred during training sessions or retreats off SEC. 317. SENSE OF THE SENATE REGARDING THE of Federal property, unless Federal property is including craving. EXTENSION OF THE EMPLOYER EDU- not available. (3) In 1993, NIDA announced that approval CATION ASSISTANCE EXCLUSION SEC. 314. SENSE OF THE SENATE REGARDING THE had been granted by the Food and Drug Admin- UNDER SECTION 127 OF THE INTER- ESSENTIAL AIR SERVICE PROGRAM istration of a new medication for the treatment NAL REVENUE CODE OF 1986. OF THE DEPARTMENT OF TRANS- of heroin and other opiate addiction which (a) FINDINGS.—The Senate finds that— PORTATION. breaks the addict of daily drug-seeking behavior (1) since 1978, over 7,000,000 American workers (a) FINDINGS.—The Senate finds that— and allows for greater compliance because the have benefited from the employer education as- (1) the essential air service program of the De- patient does not need to report to a clinic each sistance exclusion under section 127 of the Inter- partment of Transportation under subchapter II day to have the medication administered. nal Revenue Code of 1986 by being able to im- of chapter 417 of title 49, United States Code— (4) Among NIDA’s most remarkable accom- prove their education and acquire new skills (A) provides essential airline access to isolated plishments of the past year is the successful im- without having to pay taxes on the benefit; rural communities across the United States; munization of animals against the psycho-stim- (2) American companies have benefited by im- (B) is necessary for the economic growth and ulant effects of cocaine. proving the education and skills of their em- development of rural communities; (5) NIDA has also recently announced that it ployees who in turn can contribute more to their (C) connects small rural communities to the is making substantial progress that is critical in company; national air transportation system of the United directing their efforts to identify potential anti- (3) the American economy becomes more glob- States; cocaine medications. For example, NIDA really competitive because an educated workforce (D) is a critical component of the national searchers have recently shown that activation is able to produce more and to adapt more rap- transportation system of the United States; and in the brain of one type of dopamine receptor idly to changing technologies; (E) provides air service to 108 communities in suppresses drug-seeking behavior and relapse, (4) American companies are experiencing un- 30 States; and whereas activation of another, triggers drug- precedented global competition and the value (2) the National Commission to Ensure a seeking behavior. and necessity of life-long education for their em- Strong Competitive Airline Industry established (6) NIDA’s efforts to speed up research to stem ployees has increased; under section 204 of the Airport and Airway the tide of drug addition is in the best interest (5) the employer education assistance exclu- Safety, Capacity, Noise Improvement, and Inter- of all Americans. sion was first enacted in 1978; modal Transportation Act of 1992 recommended (7) State and local governments spend billions (6) the exclusion has been extended 7 previous maintaining the essential air service program of dollars to incarcerate persons who commit times; with a sufficient level of funding to continue to drug related offenses. (7) the last extension expired December 31, provide air service to small communities. (8) A 1992 National Report by the Bureau of 1994; and (b) SENSE OF THE SENATE.—It is the sense of Justice Statistics revealed that more than 3 out (8) the exclusion has received broad bipartisan the Senate that the essential air service program of 4 jail inmates reported drug use in their life- support. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5547

(b) SENSE OF THE SENATE.—It is the sense of SEC. 319. SENSE OF THE SENATE REGARDING domestic violence, or further punish women vic- the Senate that the revenue level assumed in the REVENUE ASSUMPTIONS. timized by violence. Budget Resolution accommodate an extension of (a) FINDINGS.—The Congress finds the follow- (B) Any welfare reform measure enacted by the employer education assistance exclusion ing: Congress should require that any welfare to under section 127 of the Internal Revenue Code (1) Corporations and individuals have clear work, education, or job placement programs im- of 1986 from January 1, 1995, through December responsibility to adhere to environmental laws. plemented by the States address the impact of 31, 1996. When they do not, and environmental damage domestic violence on welfare recipients. SEC. 318. SENSE OF THE SENATE REGARDING THE results, the Federal and State governments may SEC. 321. SENSE OF SENATE REGARDING STU- ECONOMIC DEVELOPMENT ADMINIS- impose fines and penalties, and assess polluters DENT LOANS TRATION PLACING HIGH PRIORITY for the cost of remediation. (a) FINDINGS.—The Senate finds that— ON MAINTAINING FIELD-BASED ECO- (2) Assessment of these costs is important in (1) over the last 60 years, education and ad- NOMIC DEVELOPMENT REPRESENTA- the enforcement process. They appropriately pe- vancements in knowledge have accounted for 37 TIVES. nalize wrongdoing. They discourage future en- (a) FINDINGS.—The Senate makes the follow- percent of our nation’s economic growth; vironmental damage. They ensure that taxing findings: (2) a college degree significantly increases job payers do not bear the financial brunt of clean- (1) The Economic Development Administration stability, resulting in an unemployment rate plays a crucial role in helping economically dis- ing up after damages done by polluters. among college graduates less than half that of (3) In the case of the Exxon Valdez oil spill advantaged regions of the United States develop those with high school diplomas; disaster in Prince William Sound, Alaska, for infrastructure that supports and promotes (3) a person with a bachelor’s degree will av- example, the corporate settlement with the Fed- greater economic activity and growth, particu- erage 50–55 percent more in lifetime earnings eral Government totaled $900,000,000. larly in nonurban regions. than a person with a high school diploma; (2) The Economic Development Administration (b) SENSE OF THE SENATE.—It is the sense of (4) education is a key to providing alter- helps to promote industrial park development, the Senate that assumptions in this resolution natives to crime and violence, and is a cost-ef- business incubators, water and sewer system im- assume an appropriate amount of revenues per fective strategy for breaking cycles of poverty provements, vocational and technical training year through legislation that will not allow de- and moving welfare recipients to work; facilities, tourism development strategies, tech- ductions for fines and penalties arising from a (5) a highly educated populace is necessary to nical assistance and capacity building for local failure to comply with Federal or State environ- the effective functioning of democracy and to a governments, economic adjustment strategies, mental or health protection laws. growing economy, and the opportunity to gain a revolving loan funds, and other projects which SEC. 320. SENSE OF THE SENATE REGARDING DO- college education helps advance the American the private sector has not generated or will not MESTIC VIOLENCE. ideals of progress and social equality; generate without some assistance from the Gov- The assumptions underlying functional totals (6) a highly educated and flexible work force ernment through the Economic Development Ad- and reconciliation instructions in this budget is an essential component of economic growth ministration. resolution include: and competitiveness; (3) The Economic Development Administration (1) FINDINGS.—The Senate finds that: (7) for many families, Federal Student Aid maintains 6 regional offices which oversee staff (A) Violence against women is the leading Programs make the difference in the ability of that are designated field-based representatives cause of physical injury to women. The Depart- students to attend college; of the Economic Development Administration, ment of Justice estimates that over 1 million vio- (8) in 1994, nearly 6 million postsecondary stu- and these field-based representatives provide lent crimes against women are committed by do- dents received some kind of financial assistance valuable expertise and counseling on economic mestic partners annually. to help them pay for the costs of schooling; (B) Domestic violence dramatically affects the planning and development to nonurban commu- (9) since 1988, college costs have risen by 54 victim’s ability to participate in the workforce. nities. percent, and student borrowing has increased (4) The Economic Development Administration A University of Minnesota survey reported that by 219 percent; and Regional Centers are located in the urban areas one-quarter of battered women surveyed had (10) in fiscal year 1996, the Balanced Budget of Austin, Seattle, Denver, Atlanta, Philadel- lost a job partly because of being abused and Act achieved savings without reducing student phia, and Chicago. that over half of these women had been har- loan limits or increasing fees to students or par- (5) Because of a 37-percent reduction in ap- assed by their abuser at work. ents. proved funding for salaries and expenses from (C) Domestic violence is often intensified as (b) SENSE OF SENATE.—It is the sense of the fiscal year 1995, the Economic Development Ad- women seek to gain economic independence Senate that the aggregates and functional levels ministration has initiated staff reductions re- through attending school or job training pro- included in this budget resolution assume that quiring the elimination of 8 field-based posi- grams. Batterers have been reported to prevent savings in student loans can be achieved with- tions. The field-based economic development women from attending such programs or sabo- out any program change that would increase representative positions that are either being tage their efforts at self-improvement. costs to students and parents or decrease acces- eliminated or not replaced after voluntary re- (D) Nationwide surveys of service providers sibility to student loans. tirement and which currently interact with non- prepared by the Taylor Institute of Chicago, SEC. 322. SENSE OF THE SENATE REGARDING RE- urban communities on economic development ef- Document, for the first time, the interrelation- DUCTION OF THE NATIONAL DEBT. forts cover the States of New Mexico, Arizona, ship between domestic violence and welfare by (a) The Senate finds that— Nevada, North Dakota, Oklahoma, Illinois, In- showing that between 50 percent and 80 percent (1) S. Con. Res. 57 projects a public debt in fis- diana, Maine, Connecticut, Rhode Island, and of women in welfare to work programs are cur- cal year 1997 of $5,400,000,000,000; North Carolina. rent or past victims of domestic violence. (2) S. Con. Res. 57 projects that the public (6) These staff cutbacks will adversely affect (E) The American Psychological Association debt will be $6,500,000,000,000 in the fiscal year States with very low per-capita personal income, has reported that violence against women is 2002 when the budget resolution projects a uni- including New Mexico which ranks 47th in the usually witnessed by their children, who as a fied budget surplus; and Nation in per-capita personal income, Okla- result can suffer severe psychological, cognitive (3) this accumulated debt represents a signifi- homa ranking 46th, North Dakota ranking 42nd, and physical damage and some studies have cant financial burden that will require excessive Arizona ranking 35th, Maine ranking 34th, and found that children who witness violence in taxation and lost economic opportunity for fu- North Carolina ranking 33rd. their homes have a greater propensity to commit ture generations of the United States. (b) SENSE OF THE SENATE.—It is the sense of violent acts in their homes and communities (b) It is the sense of the Senate that any com- the Senate that the functional totals and rec- when they become adults. prehensive legislation sent to the President that onciliations instructions underlying this budget (F) Over half of the women surveyed by the balances the budget by a certain date and that resolution assume that— Taylor Institute stayed with their batterers be- is agreed to by the Congress and the President (1) it is regrettable that the Economic Develop- cause they lacked the resources to support them- shall also contain a strategy for reducing the ment Administration has elected to reduce field- selves and their children. The surveys also national debt of the United States. based economic development representatives found that the availability of economic support SEC. 323. SENSE OF THE SENATE REGARDING who are fulfilling the Economic Development is a critical factor in women’s ability to leave HUNGRY OR HOMELESS CHILDREN. Administration’s mission of interacting with and abusive situations that threaten themselves and (a) It is the sense of the Senate that the as- counseling nonurban communities in economi- their children. sumptions in this budget resolution assume that cally disadvantaged regions of the United (G) Proposals to restructure the welfare pro- Congress will not enact or adopt any legislation States; grams may impact the availability of the eco- that would increase the number of children who (2) the Economic Development Administration nomic support and the safety net necessary to are hungry or homeless. should take all necessary and appropriate ac- enable poor women to flee abuse without risking (b) It is the sense of Congress that the as- tions to ensure that field-based economic devel- homelessness and starvation for their families. sumptions in this budget resolution assume that opment representation receives high priority; (2) SENSE OF THE SENATE.—It is the sense of in the event legislation enacted to comply with and the Senate that: this resolution results in an increase in the (3) the Economic Development Administration (A) No welfare reform provision should be en- number of hungry or homeless children by the should reconsider the planned termination of acted by Congress unless and until Congress end of fiscal year 1997, the Congress would re- field-based economic development representa- considers whether such welfare reform provi- visit the provisions of said legislation which tives responsible for States that are economically sions would exacerbate violence against women caused such increase and would, as soon as disadvantaged, and that this reconsideration and their children, further endanger women’s practicable thereafter, adopt legislation which take place without delay. lives, make it more difficult for women to escape would halt any continuation of such increase. S5548 CONGRESSIONAL RECORD — SENATE May 23, 1996 SEC. 324. SENSE OF THE SENATE ON LIHEAP. (C) prohibitions exist under such program to Nations to ensure any subsequent extension of (a) FINDINGS—The Senate finds that: prevent a State from placing a lien against the authority beyond the 180 days originally pro- (1) Home energy assistance for working and home of a nursing home resident, if that home vided by SCR 986, specifically mandates and au- low-income families with children, the elderly was occupied by a spouse or dependent child; thorizes the reimbursement of the United States on fixed incomes, the disabled, and others who and for costs associated with Operations Southern need such aid is a critical part of the social safe- (D) prohibitions exist under such program to Watch and Provide Comfort out of revenues ty net in cold-weather areas during the winter, prevent a nursing home from charging amounts generated by any sale of petroleum or petro- and a source of necessary cooling aid during the above the medicaid recognized charge for medic- leum-related products originating from Iraq; summer; aid patients or requiring a commitment to make (2) in the event that the United States Perma- (2) LIHEAP is a highly targeted, cost-effective private payments prior to receiving medicaid nent Representative to the United Nations fails way to help millions of low-income Americans coverage as a condition of admission; and to modify the terms of any subsequent resolution pay their home energy bills. More than two- (2) family members of nursing home residents extending the authority granted by SCR 986 as thirds of LIHEAP-eligible households have an- are generally unable to afford the high cost of called for in paragraph (1), the President should nual incomes of less than $8,000, more than one- nursing home care, which ranges between reject any United Nations’ action or resolution half have annual incomes below $6,000; and $30,000 and $60,000 a year. seeking to extend the terms of the oil sale be- (3) LIHEAP funding has been substantially (b) SENSE OF THE CONGRESS.—It is the sense of yond the 180 days authorized by SCR 986; reduced in recent years, and cannot sustain fur- the Congress that provisions of the medicaid (3) the President should take the necessary ther spending cuts if the program is to remain a program under title XIX of the Social Security steps to ensure that— viable means of meeting the home heating and Act that protect families of nursing home resi- (A) any effort by the United Nations to tempo- other energy-related needs of low-income fami- dents from experiencing financial ruin as the rarily lift the trade embargo for humanitarian lies, especially those in cold-weather States. price of securing needed care for their loved purposes, specifically the sale of petroleum or (b) SENSE OF THE SENATE.—The assumptions ones should be retained, including— petroleum products, restricts all revenues from underlying this budget resolution assume that it (1) spousal impoverishment rules; such sale from being diverted to benefit the Iraqi is the sense of the Senate that the funds made (2) prohibitions against charging adult chil- military; and available for LIHEAP for fiscal year 1997 will be dren of nursing home patients for the cost of (B) the temporary lifting of the trade embargo not less than the actual expenditures made for their care; does not encourage other countries to take steps LIHEAP in fiscal year 1996. (3) prohibitions against liens on the homes of to begin promoting commercial relations with nursing home residents occupied by a spouse or the Iraqi military in expectation that sanctions SEC. 325. SENSE OF THE CONGRESS REGARDING ADDITIONAL CHARGES UNDER THE dependent child; and will be permanently lifted; and MEDICARE PROGRAM. (4) prohibitions against nursing homes requir- (4) revenues reimbursed to the United States (a) FINDINGS.—Congress finds that— ing private payments prior to medicaid coverage from the oil sale authorized by SCR 986, or any (1) senior citizens must spend more than 1 dol- as a condition of admission or allowing charges subsequent action or resolution, should be used lar in 5 of their limited incomes to purchase the in addition to medicaid payments for covered to reduce the Federal budget deficit. health care they need; patients. SEC. 332. ACCURATE INDEX FOR INFLATION. (2) 2⁄3 of spending under the medicare program SEC. 328. SENSE OF THE CONGRESS REGARDING (a) FINDINGS.—The Senate finds that— under title XVIII of the Social Security Act is REQUIREMENTS THAT WELFARE RE- (1) a significant portion of Federal expendi- for senior citizens with annual incomes of less CEIPTS BE DRUG-FREE. tures and revenues are indexed to measurements than $15,000; In recognition of the fact that American work- of inflation; and (3) senior citizens cannot afford physician fee ers are required to be drug-free in the work- (2) a variety of inflation indices exist which mark-ups that are not covered under the medi- place, it is the sense of the Congress that this vary according to the accuracy with which such care program or premium overcharges; and concurrent resolution on the budget assumes indices measure increases in the cost of living; (4) senior citizens enrolling in private insur- that the States may require welfare recipients to and ance plans receiving medicare capitation pay- be drug-free as a condition for receiving such (3) Federal Government usage of inflation in- ments are currently protected against excess benefits and that random drug testing may be dices which overstate true inflation has the charges by health providers and additional pre- used to enforce such requirements. demonstrated effect of accelerating Federal mium charges by the plan for services covered SEC. 329. SENSE OF THE SENATE ON DAVIS– spending, increasing the Federal budget deficit, under the medicare program. BACON. increasing Federal borrowing, and thereby en- (b) SENSE OF THE CONGRESS.—It the sense of Notwithstanding any provision of the commit- larging the projected burden on future American the Congress that any reconciliation bill consid- tee report on this resolution, it is the sense of taxpayers. (b) SENSE OF THE SENATE.—It is the sense of ered during the second session of the 104th Con- the Senate that the provisions in this resolution the Senate that the assumptions underlying this gress should maintain the existing prohibitions do not assume the repeal of the Davis-Bacon budget resolution include that all Federal against additional charges by providers under Act. spending and revenues which are indexed for the medicare program under title XVIII of the SEC. 330. SENSE OF THE SENATE ON DAVIS– inflation should be calibrated by the most accu- Social Security Act (‘‘balance billing’’), and any BACON. rate inflation indices which are available to the premium surcharges for services covered under Notwithstanding any provision of the commit- Federal Government. such program that are levied on senior citizens tee report on this resolution, it is the sense of enrolled in private insurance plans in lieu of the Senate that the provisions in this resolution SEC. 333. SENSE OF THE SENATE ON SOLVENCY OF THE MEDICARE TRUST FUND. conventional medicare. assume reform of the Davis-Bacon Act. SEC. 331. SENSE OF CONGRESS ON REIMBURSE- (a) FINDINGS.—The Senate finds that repeal of SEC. 326. SENSE OF THE CONGRESS REGARDING certain provisions from the Omnibus Budget NURSING HOME STANDARDS. MENT OF THE UNITED STATES FOR OPERATIONS SOUTHERN WATCH Reconciliation Act of 1993 would move the insol- (a) FINDINGS.—Congress finds that— AND PROVIDE COMFORT. vency date of the HI (Medicare) Trust Fund for- (1) prior to the enactment of subtitle C of title (a) FINDINGS.—The Congress finds that— ward by a full year. IV of the Omnibus Budget Reconciliation Act of (1) as of May 1996, the United States has (b) SENSE OF THE SENATE.—It is the sense of 1987, deplorable conditions and shocking abuse spent $2,937,000,000 of United States taxpayer the Senate that no provisions in this Budget of senior citizens and the disabled in nursing funds since the conclusion of the Gulf War in Resolution should worsen the solvency of the homes was widespread; and 1991 for the singular purpose of protecting the Medicare Trust Fund. (2) the enactment and implementation of such Kurdish and Shiite population from Iraqi ag- SEC. 334. SENSE OF THE CONGRESS THAT THE subtitle has brought major improvements in gression; 1993 INCOME TAX INCREASE ON SO- nursing home conditions and substantially re- (2) the President’s defense budget request for CIAL SECURITY BENEFITS SHOULD duced abuse of senior citizens. 1997 includes an additional $590,100,000 for Op- BE REPEALED. (b) SENSE OF THE CONGRESS.—It the sense of erations Southern Watch and Provide Comfort, (a) FINDINGS.—Congress finds that the as- the Congress that any reconciliation bill consid- both of which are designed to restrict Iraqi mili- sumptions underlying this resolution include ered during the second session of the 104th Con- tary aggression against the Kurdish and Shiite that— gress should not include any changes in Federal people of Iraq; (1) the fiscal year 1994 budget proposal of nursing home quality standards or the Federal (3) costs for these military operations con- President Clinton to raise Federal income taxes enforcement of such standards. stitute part of the continued budget deficit of on the Social Security benefits of senior citizens SEC. 327. SENSE OF THE CONGRESS CONCERNING the United States; and with income as low as $25,000, and those provi- NURSING HOME CARE. (4) United Nations Security Council Resolu- sions of the fiscal year 1994 recommendations of (a) FINDINGS.—Congress finds that— tion 986 (1995) (referred to as ‘‘SCR 986’’) would the Budget Resolution and the 1993 Omnibus (1) under current Federal law— allow Iraq to sell up to $1,000,000,000 in petro- Budget Reconciliation Act in which the One (A) protections are provided under the medic- leum and petroleum products every 90 days, for Hundred Third Congress voted to raise Federal aid program under title XIX of the Social Secu- an initial period of 180 days. income taxes on the Social Security benefits of rity Act to prevent the impoverishment of (b) SENSE OF THE CONGRESS.—It is the sense of senior citizens with income as low as $34,000 spouses of nursing home residents; the Congress that the assumptions underlying should be repealed; (B) prohibitions exist under such program to the functional totals in this resolution assume (2) the Senate Budget Resolution should re- prevent the charging of adult children of nurs- that— flect President Clinton’s statement that he being home residents for the cost of the care of (1) the President should instruct the United lieved he raised Federal taxes too much in 1993; such residents; States Permanent Representative to the United and May 23, 1996 CONGRESSIONAL RECORD — SENATE S5549 (3) the Budget Resolution should react to (15) it has been reported that some smugglers Campaign Fund or its funding mechanism and President Clinton’s fiscal year 1997 budget have been caught two or more times—even in should meet its revenue and outlay targets which documents the fact that in the history of the same week—yet still were not prosecuted; through other programs within its jurisdiction. the United States, the total tax burden has (16) the number of defendants prosecuted for SEC. 338. SENSE OF THE SENATE REGARDING never been greater than it is today, therefore violations of the Federal drug laws has dropped WELFARE REFORM. (b) SENSE OF CONGRESS.—It is the sense of the from 25,033 in 1992 to 22,926 in 1995; (a) The Senate finds that— Congress that the assumptions underlying this (17) this Congress has increased the funding (1) S. Con. Res. 57 assumes substantial savings Resolution include— of the Federal Bureau of Prisons by 11.7 percent from welfare reform; and (1) that raising Federal income taxes in 1993 over the 1995 appropriations level; and (2) children born out of wedlock are five times on the Social Security benefits of middle-class (18) this Congress has increased the funding more likely to be poor and about ten times more individuals with income as low as $34,000 was a of the Immigration and Naturalization Service likely to be extremely poor and therefore are mistake; by 23.5 percent over the 1995 appropriations more likely to receive welfare benefits than chil- (2) that the Federal income tax hike on Social level. dren from two parent families; and Security benefits imposed in 1993 by the One (b) SENSE OF SENATE.—It is the sense of the (3) high rates of out-of-wedlock births are as- Hundred Third Congress and signed into law by Senate that—(1) the functional totals underly- sociated with a host of other social pathologies; President Clinton should be repealed; and ing this resolution assume that the Attorney for example, children of single mothers are twice (3) President Clinton should work with the General promptly should investigate this matter as likely to drop out of high school; boys whose Congress to repeal the 1993 Federal income tax and report, within 30 days, to the Chair of the fathers are absent are more likely to engage in hike on Social Security benefits in a manner Senate and House Committees on the Judiciary; criminal activities; and girls in single-parent that would not adversely affect the Social Secu- and families are three times more likely to have chil- rity Trust Fund or the Medicare Part A Trust (2) the Attorney General should ensure that dren out of wedlock themselves; therefore Fund, and should ensure that such repeal is cases involving the smuggling of drugs into the (b) It is the sense of the Senate that any com- coupled with offsetting reductions in Federal United States are vigorously prosecuted. prehensive legislation sent to the President that spending. SEC. 336. CORPORATE SUBSIDIES AND SALE OF balances the budget by a certain date and that SEC. 335. SENSE OF THE SENATE REGARDING THE GOVERNMENT ASSETS. includes welfare reform provisions and that is ADMINISTRATION’S PRACTICE RE- (a) CORPORATE SUBSIDIES.—It is the sense of agreed to by the Congress and the President GARDING THE PROSECUTION OF the Senate that the functional levels and aggre- shall also contain to the maximum extent pos- DRUG SMUGGLERS. gates in this budget resolution assume that— sible a strategy for reducing the rate of out-of- (a) FINDINGS.—The Senate finds that— (1) the Federal budget contains tens of billions (1) drug use is devastating to the Nation, par- wedlock births and encouraging family forma- of dollars in payments, benefits and programs ticularly among juveniles, and has led juveniles tion. that primarily assist profit-making enterprises to become involved in interstate gangs and to SEC. 339. A RESOLUTION REGARDING THE SEN- and industries rather than provide a clear and participate in violent crime; ATE’S SUPPORT FOR FEDERAL, STATE, AND LOCAL LAW ENFORCE- (2) drug use has experienced a dramatic resur- compelling public interest; (2) corporate subsidies can provide unfair MENT. gence among our youth; (a) FINDINGS.—The Senate finds that— (3) the number of youths aged 12–17 using competitive advantages to certain industries and (1) our Federal, State, and local law enforce- marijuana has increased from 1.6 million in 1992 industry segments; ment officers provide essential services that pre- to 2.9 million in 1994, and the category of ‘‘re- (3) at a time when millions of Americans are being asked to sacrifice in order to balance the serve and protect our freedoms and security; cent marijuana use’’ increased a staggering 200 (2) law enforcement officers deserve our ap- percent among 14- to 15-year-olds over the same budget, the corporate sector should bear its share of the burden; and preciation and support; period; (3) law enforcement officers and agencies are (4) since 1992, there has been a 52 percent (4) Federal payments, benefits, and programs under increasing attacks, both to their physical jump in the number of high school seniors using which predominantly benefit a particular indus- safety and to their reputations; drugs on a monthly basis, even as worrisome de- try or segment of an industry, rather than provide a clear and compelling public benefit, (4) Federal, State, and local law enforcement clines are noted in peer disapproval of drug use; efforts need increased financial commitment (5) 1 in 3 high school students uses marijuana; should be reformed or terminated in order to from the Federal Government for funding and (6) 12- to 17-year-olds who use marijuana are provide additional tax relief, deficit reduction, financial assistance and not the slashing of our 85 percent more likely to graduate to cocaine or to achieve the savings necessary to meet this commitment to law enforcement if they are to than those who abstain from marijuana; resolution’s instructions and levels. (7) juveniles who reach 21 without ever having (b) SALE OF GOVERNMENT ASSETS.— carry out their efforts to combat violent crime; used drugs almost never try them later in life; (1) BUDGETARY TREATMENT.— (5) the President’s fiscal year 1996 budget re- (8) the latest results from the Drug Abuse (A) IN GENERAL.—For the purposes of any quested an increase of 14.8 percent for the Fed- Warning Network show that marijuana-related concurrent resolution on the budget and the eral Bureau of Investigation, 10 percent for episodes jumped 39 percent and are running at Congressional Budget Act of 1974, no amounts United States Attorneys, and $4,000,000 for Or- 155 percent above the 1990 level, and that meth- realized from the sale of an asset shall be scored ganized Crime Drug Enforcement Task Forces; amphetamine cases have risen 256 percent over with respect to the level of budget authority, while this Congress has increased funding for the 1991 level; outlays, or revenues if such sale would cause an the Federal Bureau of Investigation by 10.8 per- (9) between February 1993 and February 1995 increase in the deficit as calculated pursuant to cent, 8.4 percent for United States Attorneys, the retail price of a gram of cocaine fell from subparagraph (B). and a cut of $15,000,000 for Organized Crime $172 to $137, and that of a gram of heroin also (B) CALCULATION OF NET PRESENT VALUE.— Drug Enforcement Task Forces; fell from $2,032 to $1,278; The deficit estimate of an asset sale shall be the (6) on May 16, 1996, the House of Representa- (10) it has been reported that the Department net present value of the cash flow from— tives has nonetheless voted to slash $300,000,000 of Justice, through the United States Attorney (i) proceeds from the asset sale; from the President’s $5,000,000,000 budget re- for the Southern District of California, has (ii) future receipts that would be expected quest for the Violent Crime Reduction Trust adopted a policy of allowing certain foreign from continued ownership of the asset by the Fund for fiscal year 1997 in House Concurrent drug smugglers to avoid prosecution altogether Government; and Resolution 178; and by being released to Mexico; (iii) expected future spending by the Govern- (7) the Violent Crime Reduction Trust Fund (11) it has been reported that in the past year ment at a level necessary to continue to operate as adopted by the Violent Crime Control and approximately 2,300 suspected narcotics traffick- and maintain the asset to generate the receipts Law Enforcement Act of 1994 fully funds the ers were taken into custody for bringing illegal estimated pursuant to clause (ii). Violent Crime Control and Law Enforcement drugs across the border, but approximately one (2) DEFINITIONS.—For purposes of this section, Act of 1994 without adding to the Federal budg- in four were returned to their country of origin the term ‘‘sale of an asset’’ shall have the same et deficit. without being prosecuted; meaning as under section 250(c)(21) of the Bal- (b) SENSE OF THE SENATE.—It is the sense of (12) it has been reported that the United anced Budget and Emergency Deficit Control the Senate that the provisions and the func- States Customs Service is operating under guide- Act of 1985. tional totals underlying this resolution assume lines limiting any prosecution in marijuana (3) TREATMENT OF LOAN ASSETS.—For the pur- the Federal Government’s commitment to fund cases to cases involving 125 pounds of mari- poses of this subsection, the sale of loan assets Federal law enforcement programs and pro- juana or more; or the prepayment of a loan shall be governed grams to assist State and local efforts shall be (13) it has been reported that suspects possess- by the terms of the Federal Credit Reform Act of maintained and funding for the Violent Crime ing as much as 32 pounds of methamphetamine 1990. Reduction Trust Fund shall not be cut as the and 37,000 Quaalude tablets, were not pros- SEC. 337. SENSE OF THE SENATE ON THE PRESI- resolution adopted by the House of Representa- ecuted but were, instead, allowed to return to DENTIAL ELECTION CAMPAIGN tives would require. their countries of origin after their drugs and FUND. SEC. 340. SENSE OF THE SENATE REGARDING THE vehicles were confiscated; It is the sense of the Senate that the assump- FUNDING OF AMTRAK. (14) it has been reported that after a seizure of tions underlying the functional totals in this (a) FINDINGS.—The Senate finds that— 158 pounds of cocaine, one defendant was cited resolution assume that when the Finance Com- (1) a capital funding stream is essential to the and released because there was no room at the mittee meets its outlay and revenue obligations ability of the National Rail Passenger Corpora- Federal jail and charges against here were under this resolution the committee should not tion (‘‘Amtrak’’) to reduce its dependence on dropped; make any changes in the Presidential Election Federal operating support; and S5550 CONGRESSIONAL RECORD — SENATE May 23, 1996 (2) Amtrak needs a secure source of financing, express my deep appreciation to my Bob Stevenson; Beth Wallis; and Winslow no less favorable than provided to other modes friend, the ranking member, the Sen- Wheeler. of transportation, for capital improvements. ator from Nebraska, Senator EXON. ADMINISTRATIVE STAFF (b) SENSE OF THE SENATE.—It is the sense of This is the last resolution after 16 Diane Bath; Victor Block; Alex Greene; the Senate that— Deena McMullen; Lynne Seymour; and (1) revenues attributable to one-half cent per years of service in the Senate and his State of Nebraska. George Woodall. gallon of the excise taxes imposed on gasoline, Mr. EXON. Mr. President, before my special motor fuel, and diesel fuel from the Mass I am not sure that he would cherish Transit Account should be dedicated to a new being part of six or eight more budgets, friend, the chairman of the committee, Intercity Passenger Rail Trust Fund during the the way this one has gone. It has taken leaves, I want to thank him for his period January 1, 1997, through September 30, a long time and has taken a big toll on kind remarks. Yes, this is my last 2001; us. I just thank him for everything he budget resolution forever. Sometimes I (2) revenues would not be deposited in the wonder if the chairman of the commit- Intercity Passenger Rail Trust Fund during any has done and for his help during the last 4, 5 days. I thank all my fellow tee might like to say the same without fiscal year to the extent that the deposit is esti- giving up the leadership of the organi- mated to result in available revenues in the Senators on the Budget Committee. Mass Transit Account being insufficient to sat- They were a great help, great guides, zation. But it has been a pleasure for 18 isfy that year’s estimated appropriation levels; and their suggestions permitted us to years to work with PETE DOMENICI. (3) monies in the Intercity Passenger Rail maneuver our way through all of the As I said the other day, we do not al- Trust Fund should be generally available to problems and get this important reso- ways agree, but we have always been fund, on a reimbursement basis, capital expendi- lution adopted. agreeable with each other as we have tures incurred by Amtrak; and debated the issues. I thank him for all (4) amounts to fund capital expenditures re- Mr. President, let me first express my deep appreciation to my friend and of his courtesies when we were in the lated to rail operations should be set aside for majority and now that he is in the ma- each State that has not had Amtrak service in ranking member Senator EXON. This such State for the preceding year. will be his last budget resolution after jority. I appreciate it very much. I SEC. 341. SENSE OF THE SENATE—TRUTH IN 16 years of distinguished service to the wish him well. BUDGETING. U.S. Senate and his beloved State of Mr. President, I want to take the It is the sense of the Senate that: Nebraska. time to thank the Democratic staff of (1) The Congressional Budget Office has I would also like to thank my fellow the Senate Budget Committee for the scored revenue expected to be raised from the Senators on the Budget Committee for outstanding job they did during consid- auction of Federal Communications Commission their help, guidance, and suggestions eration of the budget resolution. I licenses for various services; would like to extend the appreciation (2) For budget scoring purposes, the Congress this last week as we maneuvered our has assumed that such auctions would occur in way through this important resolution. of our side to: a prompt and expeditious manner and that reve- Particular thanks to Senators GORTON Amy Abraham who is our senior ana- nue raised by such auctions would flow to the and ABRAHAM for their help here on the lyst on education and discretionary Federal treasury; floor. health; (3) The Resolution assumes that the revenue Mr. President, I would also like to Ken Colling who is our analyst on to be raised from auctions totals billions of dol- take a moment to thank the staff on justice and general government; lars; Tony Dresden who is our communica- (4) The Resolution makes assumptions that both sides of the aisle. Bill Dauster and his staff have done an excellent job for tions director; services would be auctioned where the Federal Jodi Grant who is our general coun- Communications Commission has not yet con- that side of the aisle. In light of the in- ducted auctions for such services, such as Local creasingly partisan nature of the budg- sel; Multipoint Distribution Service (LMDS), li- et, I am always impressed by the work- Matt Greenwald who is our senior an- censes for paging services, final broadband PCS ing relationship between our staffs. We alyst on energy, environment, and licenses, narrow band PCS licenses, licenses for spent nearly the entire 50 hours and a science & technology; unserved cellular, and Digital Audio Radio Joan Huffer who is also a senior ana- full 7 days on this budget resolution. (DARS), and other subscription services, reve- lyst covering Medicaid, Social Security We will have considered nearly 100 nue from which has been assumed in Congres- and income security issues; amendments on myriad of topics. I sional budgetary calculations and in determin- Phil Karsting who is the senior ana- want to thank the staff for the long ing the level of the deficit; and lyst for agriculture and community (5) The Commission’s service rules can dra- hours and hard work that went into and regional development; matically affect license values and auction reve- this budget resolution. I also want to nues and therefore the Commission should act Jim Klumpner who is our chief econ- thank the Republican floor staff and omist; expeditiously and without further delay to con- the cloakroom staff. Their assistance duct auctions of licenses in a manner that maxi- Soo Jin Kwon who is our analyst on mizes revenue, increases efficiency, and en- gets us through this difficult process. commerce, transportation and bank- hances competition for any service for which Each of the Budget Committee staff de- ing; auction revenues have been scored by the Con- serves a great deal of credit for the suc- Nell Mays who is the committee’s gressional Budget Office and/or counted for cess of this budget resolution. staff assistant; budgetary purposes in an Act of Congress. I want to publicly express my appre- Sue Nelson who is both our director Mr. DOMENICI. Mr. President, I ciation to my staff director and his two of budget review and senior analyst on move to reconsider the vote. assistants here on the floor this last Medicare; Mr. LOTT. Mr. President, I move to week, Austin Smythe and Beth Felder. Jon Rosenwasser who is our analyst lay that motion on the table. There are other staff behind the scenes on defense and international affairs; The motion to lay on the table was that have worked tirelessly to bring Jerry Slominski who is our deputy agreed to. this resolution about. Instead of thank- chief of staff and senior analyst on rev- The Presiding Officer appointed Mr. ing each of my Budget Committee staff enues; and DOMENICI, Mr. GRASSLEY, Mr. NICKLES, individually, I ask unanimous consent Bill Dauster who is the Democratic Mr. GRAMM of Texas, Mr. BOND, Mr. that a list of the names of the majority staff director and chief counsel for the GORTON, Mr. EXON, Mr. HOLLINGS, Mr. staff be printed in the RECORD. Budget Committee. JOHNSTON, and Mr. LAUTENBERG. There being no objection, the list was Thanks to all of them and those who Mr. DOMENICI. Mr. President, I ask ordered to be printed in the RECORD, as work with them for a job very well unanimous consent that Senate Con- follows: done. Without you, it would have been current Resolution 57, the Senate budg- MAJORITY STAFF impossible to carry on as we have, to et resolution, be put back on the cal- Brian Benczkowski; Jim Capretta; Amy uphold what we think are the good endar. Call; Lisa Cieplak; Christy Dunn; Beth points and the bad points of this par- The PRESIDING OFFICER. Without Felder; Alice Grant; Jim Hearn; Keith ticular budget. objection, it is so ordered. Hennessey; William Hoagland; Carol With that, Mr. President, I yield the Mr. DOMENICI. Mr. President, it is McQuire; Anne Miller; Mieko Nakabayashi; and Denise G. Ramonas. floor. getting late and I normally have a lot Cheri Reidy; Ricardo Rel; Karen Ricoy; J. Mr. BOND addressed the Chair. of wrap-up but I will not do that to- Brian Riley; Mike Ruffner; Melissa Sampson; The PRESIDING OFFICER. The Sen- night. I believe it is imperative that I Anrea Shank; Amy Smith; Austin Smythe; ator from Missouri is recognized. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5551 Mr. BOND. Mr. President, I will be Like the British, the French too are lished reports saying BA and American are very brief. First, I want to express my whistling a different tune as a result of close to announcing ‘‘a major business alli- deep appreciation to our esteemed the U.S./German open skies agreement. ance,’’ British officials ‘‘came to Washington [Monday] to assess the price tag for the regu- leader of the Budget Committee, Sen- I welcome reports the Government of latory relief the new alliance would re- ator DOMENICI of New Mexico, for doing France finally has expressed an inter- quire,’’ said Pressler. ‘‘I am pleased initial an outstanding job. My appreciation est in discussing a liberal bilateral reports indicate [DOT] reaffirmed its long- also goes to Senator EXON for his aviation agreement. No doubt this ab- standing position: Nothing short of full liber- steadfastness and to the members of rupt change in course is due to the alization of the U.S./U.K. air service market the staff, who have done a remarkable competitive reality that France is now would be acceptable,’’ he said. ‘‘If the admin- job. It has been a pleasure and a real virtually surrounded by countries en- istration stands firm, as I believe it must, the current restrictive U.S.–U.K. bilateral treat to work with them. It has been an joying open skies agreements with the aviation agreement will be cast into the extremely difficult measure, but they United States. Like a huge magnet, great trash heap of protectionist trade pol- did it very well. these countries with open skies re- icy, where it belongs.’’ f gimes are drawing passenger traffic Pressler traced the potential for a U.K. away from French airports. breakthrough to the U.S.-Germany open MORNING BUSINESS For instance, last year combined skies agreement, struck early this year. Mr. DOMENICI. Mr. President, I ask ‘‘Simply put, the possible British Airways/ traffic at the two major Paris airports, American Airlines alliance is a competitive unanimous consent that there be a pe- Orly and Charles de Gaulle, fell nearly response to the U.S./Germany open skies riod for morning business with Sen- 1 percent. What makes this statistic re- agreement and the grant of antitrust immu- ators permitted to speak therein for up markable is elsewhere in Europe—par- nity to the United Airlines/Lufthansa alli- to 5 minutes each. ticularly in countries with open skies ance,’’ he said. Pressler was active in devel- The PRESIDING OFFICER. Without relations with the United States—pas- oping the U.S.-Germany pact, a point under- objection, it is so ordered. senger traffic growth has been robust scored on the Senate floor by Sen. Trent Lott (R–Miss.), who said Pressler’s ‘‘stead- f at major airports. For instance, pas- fast leadership was instrumental in secur- U.S./GERMAN OPEN SKIES senger traffic rose 8.7 percent at ing’’ the open skies agreement. Lott made AGREEMENT Frankfurt Main Airport, 7.6 percent at public letters from DOT Secretary Federico Amsterdam Schiphol Airport, and 11 Pen˜ a, who praised Pressler’s ‘‘bipartisan Mr. PRESSLER. Mr. President, a percent at Brussels Zaventem Airport. leadership role’’ on the issue, and German truly historic moment occurred in Mil- Clearly, the French realize the U.S./ Transport Minister Matthias Wissmann, who waukee today when the United States German open skies agreement is only called Pressler ‘‘a cornerstone in this devel- and the Federal Republic of Germany going to make the problem of pas- opment.’’ formally signed an open skies agree- In his speech, Pressler said, ‘‘If the Delta senger traffic diversion much worse. As alliance with three smaller European car- ment which will liberalize air service I have said repeatedly, competition riers is granted a final antitrust immunity between our two countries. To under- will be our best ally in opening the re- order later this month, that alliance—in score the importance of this agree- maining restrictive air service markets combination with the United and Northwest ment, I was pleased both President in Europe. At great cost to its econ- alliances—will mean nearly 50% of the pas- Clinton and Chancellor KOHL were on omy, the French are learning this les- senger traffic between the United States and Europe will be carried on fully integrated al- hand to sign it. son firsthand. As I have said before, the U.S./Ger- liances.’’ This will leave BA ‘‘with no choice Mr. President, I commend to my col- but to respond. It now appears to be doing so man open skies agreement is a great leagues an article describing the com- by seeking to ally itself with the strongest economic victory for both countries petitive impact of the U.S./German U.S. carrier available and ultimately, to and a very welcome development for open skies agreement which appeared seek antitrust [immunity] for its new alli- consumers. Under the agreement, air- today in the Aviation Daily. I ask ance.’’ The price tag for the regulatory relief lines of both countries will be free to unanimous consent that a copy of that for such an alliance ‘‘must be nothing less than immediate open skies,’’ said Pressler. operate to any points in either coun- article be printed in the RECORD at the try, as well as third countries, without Industry observers are looking toward next conclusion of my remarks. week’s European Transport Ministers Con- limitation. It also liberalizes pricing, The PRESIDING OFFICER. Without ference and a meeting of the European Union charter services and further liberalizes objection, it is so ordered. Council of Ministers in mid-June for possible the open skies cargo regime already in Mr. PRESSLER. Let me conclude by progress in EU–U.S. aviation relations. Delta place. In short, it allows market de- saying the U.S./German open skies Chairman, President and Chief Executive mand, not the heavy hands of govern- agreement is unquestionably our most Ronald Allen urged the EU to move ‘‘boldly ments, to decide air service between important liberalized air service agree- and swiftly’’ toward an open skies relation- the United States and Germany. ship with the U.S. as ‘‘the next necessary ment to date. I again praise the bold step forward for world aviation. It is impor- In addition to direct benefits, I have and steadfast leadership of Secretary of tant that we take the step soon.’’ In a speech long said such an agreement would Transportation Federico Pena and Ger- yesterday before the European Aviation Club serve as a catalyst for liberalizing air man Transport Minister Matthias in Brussels, Allen praised EU Transport service markets throughout Europe. Wissmann in securing this agreement. Commissioner Neil Kinnock’s proposal that Recent news reports indicate the com- Both the United States and Germany the European Commission be given a man- petitive impact of the U.S./German will benefit greatly from their leader- date to negotiate EU-wide open skies with open skies agreement is already being the U.S. ‘‘He is trying to open the door to ship which turned an excellent oppor- meaningful transatlantic competition and felt. For instance, since last October tunity into a truly historic trade integration,’’ Allen said. Some observers be- the British government, which is high- agreement between our two countries. lieve Kinnock will gain at least limited au- ly protective of the restrictive U.S./ EXHIBIT 1 thority at the Council of Ministers Meeting. U.K. bilateral aviation agreement, ex- [From Aviation Daily, May 23, 1996] Allen said Delta backed a number of pro- pressed no willingness to seek to im- posals that may help the talks, including an NEW CARRIER ALLIANCES FUEL HOPES FOR increase in permissible foreign ownership of prove air service opportunities between U.S.-U.K., EUROPE OPEN SKIES the United States and the United King- U.S. carriers from 25% to 49%. He said the The emergence of powerful, antitrust-im- carrier will work for changes in U.S. bank- dom. This week, however, British nego- munized alliances and increasingly open ruptcy laws that allow airlines to continue tiators came to Washington whistling a aviation regimes in fueling expectations of operating while avoiding financial respon- very different tune. breakthroughs in U.S.-U.K. and U.S.-Euro- sibilities, but the EU must also change its The competitive impact of the U.S./ pean Union relations. In a Senate floor policy allowing state subsidies for troubled German open skies agreement also is speech Tuesday, Commerce Committee carriers. ‘‘Both these assistance measures being felt in U.S./France aviation rela- Chairman Larry Pressler (R–S.D.) said ‘‘a distort marketplace competition and penal- tions. Since the French renounced our truly historic opportunity may be at hand to ize carriers that have made the difficult finally force the British to join us on the choices necessary to make their companies bilateral aviation agreement in 1992, field of free and fair air service competi- competitive and financially sound,’’ said the French government had shown no tion.’’ The chief catalyst for this oppor- Allen. He added that the EU also must resist interest in negotiating a new air serv- tunity is the potential alliance between moves to hamper competition through ‘‘safe- ice agreement with the United States. American and British Airways. With pub- ty net’’ regulations. S5552 CONGRESSIONAL RECORD — SENATE May 23, 1996 NOTICE OF PROPOSED lowing formats: large print, braille, audio Services, Captioning Services, and Senate RULEMAKING tape, and electronic file on computer disk. Chief Counsel for Employment; Requests for this notice in an alternative (D) the Office of the Speaker of the House Mr. THURMOND. Mr. President, pur- format should be made to Mr. Russell Jack- of Representatives, the Office of the Major- suant to Section 304(b) of the Congres- son, Director, Service Department, Office of ity Leader of the House of Representatives, sional Accountability Act of 1995 (2 the Sergeant at Arms and Doorkeeper of the the Office of the Minority Leader of the U.S.C. sec. 1384(b)), a Notice of Pro- Senate, (202) 224–2705. House of Representatives, the Offices of the posed Rulemaking was submitted by SUPPLEMENTARY INFORMATION Chief Deputy Majority Whips, the Offices of the Chief Deputy Minority Whips, and the the Office of Compliance, U.S. Con- I. Introduction following offices within the Office of the gress. The notice relates to Federal The Congressional Accountability Act of Clerk of the House of Representatives: Of- Service Labor-Management Relations 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law fices of Legislative Operations, Official Re- (Regulations under section 220(e) of the on January 23, 1995. In general, the CAA ap- porters of Debate, Official Reporters to Com- Congressional Accountability Act.) plies the rights and protections of eleven fed- mittees, Printing Services, and Legislative Section 304(b) requires this notice to eral labor and employment law statutes to Information; covered Congressional employees and em- be printed in the CONGRESSIONAL (E) the Office of the Legislative Counsel of ploying offices. Section 220 of the CAA ad- the Senate, the Office of the Senate Legal RECORD, therefore I ask unanimous dresses the application of chapter 71 of title consent that the notice be printed in Counsel, the Office of the Legislative Coun- 5, United States Code (‘‘chapter 71’’), relat- sel of the House of Representatives, the Of- the RECORD. ing to Federal Service Labor-Management fice of the General Counsel of the House of There being no objection, the notice Relations. Section 220(a) of the CAA applies Representatives, the Office of the Par- was ordered to be printed in the the rights, protections, and responsibilities liamentarian of the House of Representa- RECORD, as follows: established under sections 7102, 7106, 7111 tives, and the Office of the Law Revision through 7117, 7119 through 7122, and 7131 of OFFICE OF COMPLIANCE—THE CONGRESSIONAL Counsel; chapter 71 to employing offices, covered em- ACCOUNTABILITY ACT OF 1995: EXTENSION OF (F) the offices of any caucus or party orga- ployees, and representatives of covered em- RIGHTS, PROTECTIONS AND RESPONSIBILITIES nization; ployees. These provisions protect the legal (G) the Congressional Budget Office, the UNDER CHAPTER 71 OF TITLE 5, UNITED right of certain covered employees to orga- Office of Technology Assessment, and the Of- STATES CODE, RELATING TO FEDERAL SERV- nize and bargain collectively with their em- fice of Compliance; and; ICE LABOR-MANAGEMENT RELATIONS (REGU- ploying offices within statutory and regu- (H) such other offices that perform com- LATIONS UNDER SECTION 220(e) OF THE CON- latory parameters. parable functions which are identified under GRESSIONAL ACCOUNTABILITY ACT) Section 220(d) of the Act requires the regulations of the Board. NOTICE OF PROPOSED RULEMAKING Board of Directors of the Office of Compli- These offices shall be collectively referred Summary: The Board of Directors of the ance (‘‘Board’’) to issue regulations to imple- to as the ‘‘section 220(e)(2) offices.’’ Office of Compliance is publishing proposed ment section 220 and further states that, ex- Section 220(e)(1) provides that the regula- regulations to implement section 220 of the cept as provided in subsection (e), such regu- tions which the Board issues to apply chap- Congressional Accountability Act of 1995 lations ‘‘shall be the same as substantive ter 71 to covered employees in section (‘‘CAA’’ or ‘‘Act’’), Pub. L. 104–1, 109 Stat. 3. regulations promulgated by the Federal 220(e)(2) offices ‘‘shall, to the greatest extent Specifically, these proposed regulations are Labor Relations Authority (‘‘FLRA’’) to im- practicable, be consistent with the provi- published pursuant to section 220(e) of the plement the statutory provisions referred to sions and purposes of chapter 71 [] and of [the CAA. in subsection (a) except— CAA].’’ To this end, section 220(e)(1) man- The provisions of section 220 are generally (A) to the extent that the Board may de- dates that such regulations ‘‘shall be the effective October 1, 1996. 2 U.S.C. section termine, for good cause shown and stated to- same as substantive regulations issued by 1351. However, as to covered employees of gether with the regulations, that a modifica- the Federal Labor Relations Authority under certain specified employing offices, the tion of such regulations would be more effec- such chapter’’ with two separate and distinct rights and protections of section 220 will be tive for the implementation of rights and provisos: effective on the effective date of Board regu- protections under this section, or First, section 220(e)(1), like every other lations authorized under section 220(e). 2 (B) as the Board deems necessary to avoid CAA section requiring the Board to issue im- U.S.C. section 1351(f). a conflict of interest or appearance of con- plementing regulations (i.e., sections The proposed regulations set forth herein, flict of interest.’’ 202(d)(2), 203(c)(2), 204(c)(2), 205(c)(2), 206(c)(2), which are published under section 220(e) of The Board has separately published a Notice 215(d)(2)), authorizes the Board to modify the the Act, are to be applied to certain employ- of Proposed Rulemaking with respect to the FLRA’s regulations ‘‘(A) to the extent that ing offices of the Senate, the House of Rep- issuance of regulations pursuant to section the Board may determine, for good cause resentatives, and the Congressional instru- 220(d). shown and stated together with the regula- mentalities and employees of the Senate, the Section 220(e)(1) of the CAA requires that tion, that a modification of such regulations House of Representatives, and the Congres- the Board also issue regulations ‘‘on the would be more effective for the implementa- sional instrumentalities. These regulations manner and extent to which the require- tion of the rights and protections under this set forth the recommendations of the Deputy ments and exemptions of chapter 71 [] should section.’’ Executive Director for the Senate, the Dep- apply to covered employees who are em- Second, independent of section 220(e)(1), uty Executive Director for the House of Rep- ployed in the offices listed in’’ section section 220(e)(2) requires the Board to issue resentatives and, the Executive Director, Of- 220(e)(2). The offices listed in section 220(e)(2) regulations that ‘‘exclude from coverage fice of Compliance, as approved by the Board are: under this section any covered employees of Directors, Office of Compliance. A Notice (A) the personal office of any Member of who are employed in offices listed in [section of Proposed Rulemaking under section 220(d) the House of Representatives or of any Sen- 220(e)(2)] if the Board determines that such is being published separately. ator; exclusion is required because of— Dates: Comments are due within 30 days (B) a standing select, special, permanent, (i) a conflict of interest or appearance of a after publication of this notice in the Con- temporary, or other committee of the Senate conflict of interest; or gressional Record. or House of Representatives, or a joint com- (ii) Congress’ constitutional responsibil- Addresses: Submit written comments (an mittee of Congress; ities.’’ The provisions of section 220 are effective original and 10 copies) to the Chair of the (C) the Office of the Vice President (as October 1, 1996, except that, ‘‘[w]ith respect Board of Directors, Office of Compliance, President of the Senate), the Office of the to the offices listed in subsection (e)(2), to Room LA 200, John Adams Building, 110 Sec- President pro tempore of the Senate, the Of- the covered employees of such offices, and to ond Street, S.E., Washington, DC 20540–1999. fice of the Majority Leader of the Senate, representatives of such employees, [section Those wishing to receive notification of re- the Office of the Minority Leader of the Sen- 220] shall be effective on the effective date of ceipt of comments are requested to include a ate, the Office of the Majority Whip of the regulations under subsection (e).’’ self-addressed, stamped post card. Comments Senate, the Conference of the Majority of the may also be transmitted by facsimile (FAX) Senate, the Conference of the Minority of II. The Advance Notice of Proposed Rulemaking machine to (202) 426–1913. This is not a toll- the Senate, the Office of the Secretary of the A. Issues for Comment that Relate to free call. Copies of comments submitted by Conference for the Majority of the Senate, Section 220(e) the public will be available for review at the the Office of the Secretary for the Minority The Board sought comment on two issues Law Library Reading Room, Room LM–201, of the Senate, the Majority Policy Commit- related to section 220(e)(1)(A): (1) Whether Law Library of Congress, James Madison tee of the Senate, the Minority Policy Com- and to what extent the Board should modify Memorial Building, Washington, DC, Monday mittee of the Senate, and the following of- the regulations promulgated by the FLRA through Friday, between the hours of 9:30 fices within the Office of the Secretary of the for application to employees in section a.m. and 4:00 p.m. Senate: Offices of the Parliamentarian, Bill 220(e)(2) offices? (2) Whether the Board For further information contact: Executive Clerk, Legislative Clerk, Journal Clerk, Ex- should issue additional regulations concern- Director, Office of Compliance at (202) 724– ecutive Clerk, Enrolling Clerk, Official Re- ing the manner and extent to which the re- 9250. This notice is also available in the fol- porters of Debate, Daily Digest, Printing quirements and exemptions of chapter 71 May 23, 1996 CONGRESSIONAL RECORD — SENATE S5553 apply to employees in section 220(e)(2) of- Execution’’ its enumerated powers; to advise tiations on behalf of management in Senate fices? and consent to treaties and certain presi- offices and because all employees in the of- The Board sought comment on four issues dential nominations; and to try matters of fice have access to privileged and confiden- related to section 220(e)(1)(B): (1) What are impeachments. The commenter then stated tial information. The commenter similarly the constitutional responsibilities and/or that, in fulfilling these responsibilities, the stated that employees in the Office of the conflicts of interest (real or apparent) that Senate must be ‘‘free from improper influ- Legislative Counsel and the Office of the would require exclusion of employees in sec- ence from outside sources so that Members Senate Legal Counsel should be excluded be- tion 220(e) offices from coverage under sec- can fairly represent the interests of the cause they have direct access to privileged tion 220 of the CAA? (2) Whether determina- United States and its citizens.’’ The com- and confidential information relating to the tions as to such exclusions should be made menter asserted that exclusion from cov- constitutional functions of the Senate. on an office-wide basis or on the basis of job erage of all employees in Senators’ personal Finally, the commenter contended that, duties and functions? (3) Which job duties offices is necessary to insulate the legisla- pursuant to 220(e)(2)(H), employees in four and functions in section 220(e) offices, if any, tive process from improper influence by out- other offices should be subject to a blanket should be excluded from coverage, and what side parties. exclusion: Employees in the Executive Office is the legal and factual basis for any such ex- In so stating, the commenter recognized of the Secretary of the Senate, because they clusion? (4) Are there any offices not listed that a number of such employees would al- are privy to confidential information about in section 220(e)(2) that are candidates for ready be excluded under chapter 71, but ar- both the legislative functions of the Senate the application of the section 220(e)(1)(B) ex- gued that the participation of any employee and the labor management policies of the Of- clusion and, if so, why? of a Senator’s office in a labor organization fice of the Secretary; employees in the Office In seeking comment on the issues related would ‘‘interfere with the Senator’s con- of Senate Security, because they have access to section 220(e) regulations, the Board em- stitutional responsibilities, [] allow unions to highly sensitive and confidential informa- phasized that it needed detailed legal and to obtain an undue advantage in the legislation relating to the constitutional respon- factual support for any proposed modifica- tive process and to exercise improper influ- sibilities of the Senate, as well as to matters tions in the FLRA’s regulations and for any ence over Members, and [] create conflicts of of national security; employees in the Sen- additional proposed regulations implement- interest.’’ The commenter asserted that al- ate Disbursing Office, because they have ac- ing sections 220(e)(1)(A) and (B). lowing such employees to organize would cess to confidential financial information ‘‘provide labor unions with unprecedented that could enhance a union’s bargaining po- B. Summary of Comments Received access to and influence over the operations sition; and employees in the Administrative The Board did not receive any comments and legislative activities of Senators’ per- Office of the Sergeant at Arms, because they on issues arising under section 220(e)(1)(A), sonal offices’’ and turn the collective bar- have access to confidential information and received only two comments on issues gaining process into ‘‘a lobbying tool of or- about the office and the Senate. arising under section 220(e)(1)(B). These two ganized labor.’’ III. Notice of proposed rulemaking comments addressed the issue of whether the The commenter contended that union rep- In developing its proposed regulations, the Board should grant a blanket exclusion for resentation of employees in a Senator’s per- Board has carefully considered both its re- all covered employees in the section 220(e)(2) sonal office also could create significant con- sponsibilities under section 220(e) and the offices. The Board summarizes those two flicts of interest, both because legislation two directly contradictory comments that comments here. that affects union or management rights the Board received concerning the regula- One commenter argued that nothing in the may have a direct impact on a Senator’s bar- tions that it must issue. For the reasons that CAA warrants any categorical exclusions gaining position with an employee union, from coverage. The commenter argued that and because a Senator’s voting position may follow, the Board’s judgment is that a blan- the CAA’s instruction to the Board to issue be tainted by the appearance that he or she ket exclusion of all of the employees in the regulations which ‘‘to the greatest extent is affected by the position of the employee section 220(e)(2) offices is not ‘‘required’’ practicable’’ are ‘‘consistent with the provi- union. The commenter also claimed that under the stated statutory criteria. But the sions and purposes of chapter 71’’ invites cov- payment of union dues by a Senator’s em- Board will propose regulations that allow the erage as broad in scope as chapter 71 pro- ployees could create the perception of a con- exclusion issue to be raised with respect to vides for Executive Branch employees. The flict of interest, because Senate employees any particular employee in any particular commenter argued that section 220(e)(1)(B) is may not make political contributions to case. The Board also urges commenters who an exception to the general rule mandating their employer, but the employees may support any categorical exclusions, in com- coverage and that Congress did not purport nonetheless pay dues to a union that, in menting on these proposed regulations, to to find that any covered employees nec- turn, contributes to that employer. The com- explain why particular jobs or job duties re- essarily qualified for application of such an menter further argued that, if a Senator’s quire exclusion of particular employees so exception. The commenter further argued employees are permitted to organize, they that the Board may exclude them by regula- that the legislative history of section 220(e) may develop conflicting loyalties that could tion, where appropriate. Through this initial indicates that Congress simply authorized render them politically incompatible with regulation and any categorical exclusions the Board to determine whether covered em- the Senator for whom they work. The com- that may appropriately be included in its ployees in section 220(e)(2) offices should be menter contended that it would be an unfair final regulations, the Board intends to carry excluded without in any way suggesting that labor practice for an employer to discharge out its statutory responsibility under sec- they should be excluded. an employee because of union affiliation tion 220(e) to exclude employees from cov- The commenter then pointed out that, like even if that union affiliation led to political erage where required, and to make changes Congress, the President is charged with con- incompatibility, thus allegedly eviscerating in the FLRAs regulations where necessary. stitutional responsibilities and that execu- section 502 of the CAA (which is said to au- A. Section 220(e)(1)(A) tive branch employees (other than statu- thorize an employing office to discharge an Section 220(e)(1)(A) authorizes the Board to torily excepted employees) are nonetheless employee based on such incompatibility). Fi- modify the FLRA’s regulations ‘‘to the ex- free to join and be represented by unions of nally, the commenter asserted that, if em- tent that the Board may determine, for good their choice. The commenter urged that ployees of Senators’ offices are granted the cause shown and stated together with the there is nothing in the functions of the legis- right to organize, they will be the only em- regulation, that a modification of such regu- lative branch that suggests that union rep- ployees of federal elected officials who are lations would be more effective for the im- resentation of legislative branch employees organized. plementation of the rights and protections is any different than union representation of The commenter also took the position that under [section 220(e)].’’ No commenter took executive branch employees (or that it poses the concerns stated regarding union organi- the position that there was good cause to any unique concerns). From this argument, zation in Senators’ personal offices are modify the FLRA regulations for more effec- the commenter concluded that no blanket equally applicable to employees in Senate tive implementation of section 220(e). Equal- exemption of all of the employees in section leadership and committee offices. The com- ly important, no commenter took the posi- 220(e)(2) offices is warranted; and the commenter further asserted that employees in tion that a blanket exclusion of all of the menter urged that its conclusion is sup- offices under the jurisdiction of the Sec- covered employees in any of the section ported by the overall policy of the CAA to retary of the Senate (Offices of the Par- 220(e) offices would be ‘‘more effective for bind Congress to the same set of rules that liamentarian, Bill Clerk, Legislative Clerk, the implementation of the rights and protec- other employers face. Journal Clerk, Executive Clerk, Enrolling tions under [section 220(e)].’’ And, at present, The second commenter took the position Clerk, Official Reporters of Debate, Daily Di- the Board has not independently found any that all of the covered employees in a num- gest and Printing Services, Office of Senate basis to exercise its authority to modify the ber of the section 220(e)(2) offices should re- Chief Counsel for Employment) should be ex- FLRA regulations for more effective imple- ceive a blanket exemption from coverage cluded from coverage because they allegedly mentation of section 220(e). The Board there- under section 220. In support of this argu- occupy confidential positions that are inte- fore does not propose to issue separate regu- ment, the commenter first described the gral to the Senate’s constitutional functions. lations pursuant to section 220(e)(1)(A)—that Senate’s constitutional responsibilities to The commenter also asserted that employees is, except as to employees whose exclusion exercise the legislative authority of the in the Office of Senate Chief Counsel for Em- from coverage under section 220 is required, United States; to ‘‘make all laws which shall ployment should be excluded because attor- the Board proposes that the regulations that be necessary and proper for carrying into neys in that office will engage in labor nego- it issues under section 220(d) will apply to S5554 CONGRESSIONAL RECORD — SENATE May 23, 1996 employing offices, covered employees, and sions would necessarily result as a con- it must also be recognized that, in doing so, their representatives under section 220(e). sequence of the Board’s special rulemaking. our elected representatives will be supported B. Section 220(e)(1)(B) Instead, the Report explains that the con- by many employees who simply do not have cerns of several Members were principally the right to organize. Supervisors—defined Section 220(e)(1)(B) provides that the Board addressed by the incorporation of chapter 71 as individuals with authority to hire, direct, ‘‘shall exclude from coverage under [section (rather than the NLRA) in the bill and that, assign, promote, reward, transfer, furlough, 220] any covered employees in [section ‘‘as an extra measure of precaution,’’ the layoff, recall, suspend, discipline, or remove 220(e)(2) offices] if the Board determines that Board should consider in a special rule- employees, or to adjust their grievances, or such exclusion is required because of— making whether application of even chapter to effectively recommend such action—are (i) a conflict of interest or appearance of a 71 to employees in section 220(e) would de- not even covered by chapter 71 as applied by conflict of interest; or feat Congress’ responsibilities or cause insol- the CAA. See sections 7103(a)(2)(iii) & (ii) Congress’ constitutional responsibil- uble conflicts of interest (real or apparent). 7103(a)(10). Likewise, management officials— ities.’’ See 141 Cong. Rec. S444-45 (remarks of Sen- defined as individuals in positions whose du- The question here for resolution, then, is to ator Grassley). Indeed, the section-by-sec- ties and responsibilities require or authorize what extent the Board should exclude cov- tion analysis of the bill that became the the individual to formulate, determine, or ered employees in the section 220(e)(2) offices CAA states that section 220(e) should not be influence the policies of their employer—are from coverage. construed as ‘‘a standardless license to roam not covered. See sections 7103(a)(2)(iii) & 1. The statutory language and legislative his- far afield from [the] executive regulations.’’ 7103(a)(11). Furthermore, confidential em- tory indicate that exclusions are proper only See 141 Cong. Rec. S626. ployees—defined as employees who act in a where ‘‘required’’ by the stated statutory These legislative materials suggest that confidential capacity with respect to individ- criteria section 220(e) requires the Board to exclude uals who formulate or effectuate manage- employees in section 220(e)(2) offices only ment policies in the field of labor-manage- Section 220(e)(1)(B) states that the Board where ‘‘required’’ by the statutory criteria— ment relations—and employees engaged in ‘‘shall’’ exclude any covered employee of a i.e., where exclusion is necessary to the ac- personnel work are not covered. See sections section 220(e)(2) office where such exclusion complishment of the statutory criteria. The 7112(b)(2),(3) & 7103(a)(13). Finally, employees is ‘‘required’’ by the stated statutory cri- legislative materials leave no room for the whose participation in the management of a teria. The statutory specification that the exclusion of covered employees in the ab- labor organization or whose representation exclusion be ‘‘required’’ by Congress’ con- sence of a demonstrated and substantial need of a labor organization results in a conflict stitutional responsibilities or a conflict of for doing so. or apparent conflict of interest or is other- interest is telling. In this context, the term 2. Exclusion of all employees in section 220(e) of- wise incompatible with law or with official ‘‘required’’ means ‘‘insist[ed] upon usu[ally] fices is not required by Congress’ constitu- job duties are not covered. See section with certainty and urgency.’’ See Webster’s tional responsibilities or concerns about real 7120(e). Cumulatively, these exclusions un- Third New International Dictionary (1986); or apparent conflicts of interest dermine the claim that all employees of a see also Black’s Law Dictionary (4th ed. 1968) On the basis of the comments received to section 220(e)(2) office—including secretaries (‘‘direct[ed], order[ed], demand[ed], and messengers—must be excluded from cov- instruct[ed], command[ed]’’). Thus, merely date, the Board is unable to find a demonstrated and substantial need for the blan- erage in order for the Legislative Branch to being helpful to or in furtherance of the stat- fulfill its constitutional charge; to the ex- ed statutory criteria is insufficient; rather, ket exclusion of all employees in the section 220(e)(2) offices. Such a blanket exclusion of tent that a union obtains access, it will be the exclusion must be necessary to the con- on behalf of employees who are not at the duct of Congress’ constitutional responsibil- all covered employees does not appear to be required by either Congress’ constitutional center of the Senator’s management core. ities or to the avoidance of a conflict of in- The commenter supporting blanket exclu- responsibilities or any real or apparent con- terest (real or apparent). sion for all employees in certain section flicts of interest. Although legislative history should always 220(e)(2) offices also argued that, absent such be consulted with due care and regard for its a. Exclusion is not necessitated by Congress’ an exclusion, a Senator’s employees would be limitations, the scant legislative history di- constitutional responsibilities able to influence a Senator’s legislative posi- rectly attached to section 220(e)(1)(B) here The key premise of the commenter’s argu- tion in exchange for concessions at the bar- appears to confirm that exclusions are prop- ment that exclusion of all section 220(e)(2) of- gaining table. This argument, however, ig- er only where necessary to achieve the stat- fice employees is required by Congress’ con- nores the fact that, for those employees not ed statutory criteria. See 141 Cong. Rec. S626 stitutional responsibilities is the assertion exempted (such as certain secretaries and (section-by-section analysis of CAA). What is that collective bargaining rights for section messengers), chapter 71 provides only a lim- now section 220(e) was added to a predecessor 220(e) employees are categorically inconsist- ited set of labor relations rights. Once orga- to the CAA in October 1994 in the Senate ent with the effective functioning of the Leg- nized, employees may bargain about their Governmental Affairs Committee. The Com- islative Branch. But the legislative judg- conditions of employment. But they may not mittee’s Report explains that this provision ment embodied in chapter 71 is that collec- bargain about matters ‘‘specifically provided was added in response to several Members’ tive bargaining rights are entirely consistent for by Federal statute,’’ a category which in- concerns that the application of labor laws with—and, indeed, enhance—the efficient cludes inter alia a number of restrictions on to the legislative offices might interfere and effective functioning of the Executive pay, health insurance, and retirement bene- with Congress’ ability to fulfill its constitu- Branch. See 5 U.S.C. §7101. More to the point, fits for legislative employees. See sections tional functions: the legislative judgment in chapter 71 is that 7102(2), 7103(a)(12), 7103(a)(14)(C). Moreover, ‘‘For example, there was a concern that, if collective bargaining is consistent with— they may only bargain about their ‘‘terms legislative staff belonged to a union, that and, indeed, supportive of—the Executive and conditions of employment’’; their Sen- union might be able to exert undue influence Branch’s fulfillment of the President’s con- ator’s legislative positions are not properly on over legislative activities or decisions. Even stitutional responsibility faithfully to exe- the table. And in the event that nonexempt if such a conflict of interest between employ- cute the laws of the United States. The employees in section 220(e)(2) offices fail to ees’ official duties and union membership did Board has not yet been presented with any come to terms with an employing office not actually occur, the mere appearance of facts or legal argument that would support a about their terms and conditions of employ- undue influence or access might be very determination that, in contrast to the situa- ment, the employees do not have the prin- troubling. Furthermore, there is a concern tion in the Executive Branch, all employees ciple coercive weapons that organized labor that labor actions could delay or disrupt of the section 220(e)(2) offices must be ex- uses to further its employment goals, see vital legislative activities.’’ [S. Rep. No. 397, cluded from collective bargaining in order Allis Chalmers v. NLRB, 388 U.S. 175 (1967), be- 103d Cong., 2d Sess. 8 (1994).] for the Legislative Branch to be able to ful- cause they lack the right to strike or slow The Report went on to explain that the fill its constitutional charge. down. See sections 7103(a)(2)(v), 7311. These proposed bill addressed the Members’ con- For example, although the commenter as- limitations make it clear that exclusion of cerns in two ways: First, rather than apply- serts that, if a Senator is required to bargain all additional employees in a section 220(e)(2) ing the National Labor Relations Act with his or her employees’ union, the em- office (such as certain secretaries and mes- (‘‘NLRA’’) to Congress, the bill would apply ployees’ union will obtain an undue advan- sengers) is not necessary to prevent the al- chapter 71 whose ‘‘provisions and precedents tage in the legislative process by dint of its legedly improper influence that concerns the . . . address problems of conflict of interest members’ special access to the Senator and commenter; and they make self-evident that in the governmental context and . . . prohibit its members’ influence over the Senator’s such a blanket exclusion of all section strikes and slowdowns.’’ Second, ‘‘as an legislative positions, the Board does not be- 220(e)(2) office employees is not required by extra measure of precaution,’’ the bill would lieve that a Senator can be brought to his Congress constitutional responsibilities. not apply to the section 220(e)(2) offices constitutional knees so easily. The commit- The commenter supporting blanket exclu- ‘‘until the Board has conducted a special ment of our Nation’s elected representatives sion of all employees in section 220(e)(2) of- rulemaking to consider such problems as to the performance of their constitutional fices further argued that all members of a conflict of interest.’’ Id. at 8. duties is great; and, access or no access by Senator’s staff—no matter how routine their The above-described Senate Report does unions, it must be presumed that our elected job duties—are privy to inside information not reveal—either expressly or implicitly— representatives will carry out their constitu- about the Senator, including information any congressional expectation that exclu- tional responsibilities with fervor. Moreover, about the Senator’s legislative positions. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5555 The commenter expressed a concern that a Member’s legislative positions. Nonetheless, were necessary because of a conflict of inter- Senator’s organized employees might reveal Congress has not imposed a blanket prohibi- est (real or apparent) or Congress’ constitu- this confidential information to their union tion on employee membership and participa- tional responsibilities. But no necessity has and that a union might then use the con- tion in outside associations; and, under chap- been shown or yet been found for the exclu- fidential information to exert improper inter 71, the tensions and potential conflicts sion of all employees in section 220(e)(2) of- fluence on the Senator and thus on the legis- that arise in connection with union member- fices. lative process. The commenter also feared ship have not been enough to justify a blan- The Board further notes that no com- that a Senator’s organized employees would ket exclusion of all employees from organi- menter took the position that there were job not wholeheartedly perform their duties if zation in the Executive Branch. While the duties of employees within section 220(e)(2) the Senator were to take a position inimical Board is prepared to consider whether such offices that required application of section to the interests of unions. But, again, these associations might preclude organization 220(e)(1)(B)’s exception to coverage; a fortiori, concerns are not sufficient to justify blanket rights for particular employees in particu- no commenter provided the Board with any exclusions, if only because they can be ad- larly sensitive positions, it cannot accept facts or legal argument in support of the is- dressed by other means. the suggestion that the possible tensions be- suance of regulations providing that employ- The confidentiality of information and tween employee interests and loyalties and ees in section 220(e)(2) offices who perform loyal performance of duties can be ensured Member positions ‘‘requires’’ the blanket ex- certain job duties are not covered by section without exclusion of all section 220(e)(2) of- clusion of all employees in section 220(e)(2) 220. For this reason, the Board does not pro- fice employees. Nothing in federal law, and offices; there are surely less restrictive pose to issue any such regulations at this certainly nothing in chapter 71 or the CAA, means for mitigating these potential con- time. Of course, the Board stands ready to limits a Member’s right to establish neutral flicts for many, if not all, of the employees use its rulemaking authority to propose and work rules designed to assure productivity, of section 220(e)(2) offices. issue such regulations when and if the Board discipline, and confidentiality and to dis- The commenter also asserted that exclu- is presented with facts and legal argument cipline and/or discharge any employee who sion of all employees is required by an appar- demonstrating that the application of sec- violates those rules. An employee who vio- ent conflict of interest for Members voting tion 220(e)(1)(B) to employees performing lates one of these work rules may be dis- on legislation that affects unions: according particular job duties is ‘‘required.’’ The charged for that reason. to the commenter, if the Members support Board again urges commenters to provide This point answers the commenter’s argu- the legislation, they may be perceived as the Board with such information and au- ment that categorical exclusion is necessary caving to union pressure; if they oppose it, thorities. because a Senator would not be able to dis- they may be perceived as attempting to en- The commenter supporting blanket exclu- charge or discipline an employee who leaks hance their bargaining positions with the sion of all employees in section 220(e)(2) of- confidential information, or one who openly union; in either instance, they would not be fices argued that, pursuant to its power and actively supports legislation that the perceived as serving their constituents. But under section 220(e)(2)(H), the Board should Senator opposes. If the Senator had in place this situation does not appear to differ from propose regulations (i) adding the Executive and enforced a work rule neutrally forbid- that faced by the President when he or Exec- Office of the Secretary of the Senate, the Of- ding such conduct, then he or she could dis- utive Branch officials acting on his behalf fice of Senate Security, the Senate Disburs- cipline or discharge an employee who en- take a position on pending labor legislation. ing Office, and the Administrative Office of gaged in the forbidden conduct without re- That apparent conflict is inherent to em- the Sergeant at Arms to the statutory list of gard to the employee’s union membership or ployee organization in the public sector; and section 220(e)(2) offices, and (ii) granting a activity (so long as the employee’s constitu- yet chapter 71 reflects a judgment that this blanket exclusion of all covered employees tional rights were not violated). The Senator apparent conflict does not require the cat- in these offices. By its analysis above, the would only violate section 220 of the CAA if egorical exclusion of all employees from col- Board has effectively rejected the argument he or she simply forbid inconsistent conduct lective organization. The judgment in chap- that any offices, including these four, are en- that related to union membership or activi- ter 71, which Congress incorporated by ref- titled to blanket exclusion of all of their em- ties or enforced a facially neutral rule in a erence in the CAA, prevents the Board from ployees from application of section 220. The discriminatory manner. Exclusion of all cov- accepting any argument that this apparent Board agrees, however, with the com- ered employees is thus not ‘‘required’’ to ad- conflict requires exclusion of all employees in menter’s assertion that employees in these dress the confidentiality and loyalty con- a section 220(e)(2) office. offices perform functions ‘‘comparable’’ to cerns that have been advanced here. Indeed, with respect to both alleged con- those performed by employees in the other b. Exclusion of all employees in section flicts of interest, the Board finds it signifi- section 220(e)(2) offices, and thus the Board 220(e)(2) offices is not ‘‘required’’ by any cant that, in chapter 71’s statement of con- proposes, pursuant to section 220(e)(2)(H), to real or apparent conflicts of interest gressional findings and purpose, Congress ex- treat these offices as section 220(e)(2) offices Nor is the Board prepared at this point to pressly found that ‘‘labor organizations and for all purposes, including the determination accept the argument that blanket exclusion collective bargaining in the civil service are of the effective date of sections 220(a) and of all employees in section 220(e)(2) offices is in the public interest’’ because they (b). For all other offices—that is, all offices ‘‘required’’ to avoid conflicts of interest, real ‘‘safeguard[] the public interest,’’ that are not either listed in section 220(e)(2) or apparent. The exclusions in chapter 71 for ‘‘contribute[] to the effective conduct of pub- or defined as section 220(e)(2) offices here— supervisory, confidential and other such em- lic business,’’ and ‘‘facilitate[] and the effective date of sections 220(a) and (b) is ployees are sufficient to take care of most encourage[] the amicable settlements of dis- October 1, 1996. No commenter took the position that the potential conflict of interest questions cre- putes between employees and their employ- Board should adopt a regulation authorizing ated by employee organization; indeed, chap- ers involving conditions of employment.’’ See parties and/or employees in appropriate pro- ter 71 itself allows exclusion of employees Section 7101. Section 220(e)(1) of the CAA in- ceedings to assert, and the Board to decide, with additional insoluble conflicts of inter- structs the Board to hew as closely as pos- where appropriate and relevant, that a cov- est. While the Board is prepared to exclude sible to ‘‘the provisions and purposes of ered employee employed in a section 220(e)(2) appropriate categories of employees where chapter 71.’’ In doing so, the Board has no office is required to be excluded from cov- required by conflicts of interest, the sugges- choice but to reject the proposition that all erage under section 220(e) because of a con- tion that all employees in section 220(e)(2) of- employees in a section 220(e)(2) office must flict of interest (real or apparent) or because fices must be excluded because of such al- be excluded from coverage because of a real of Congress’ constitutional responsibilities. leged conflicts does not appear well-founded. or apparent conflict that their organization The commenter expressed a fear that orga- would create for their Member of Congress. The Board, however, proposes to issue such a nized employees would necessarily have a The premise of chapter 71, and thus the CAA, regulation. By doing so, the Board intends to loyalty to the union and to union goals that is that employees in unions may loyally ensure that an exclusion may be provided would be inconsistent with loyal service to a serve government employers and that the where the law and the facts require it. The Member and to his or her legislative posi- public will not view government acts in re- proposed regulation of the Board allows the tions. There may indeed be such tensions and sponse to union demands as illegitimate re- issue of exclusions under section 220(e)(1)(B) potential conflicts that arise from union sponses to union pressure. to be raised and decided on a case-by-case membership of covered employees. But such 3. Proposed regulations under section basis. tensions and conflicts also arise in connec- 220(e)(1)(B) IV. Method of approval tion with a covered employee’s membership For these reasons, the Board does not pro- The Board recommends that (1) the version and participation in other special interest pose to issue regulations that grant blanket of the proposed regulations that shall apply groups, such as the Sierra Club, the National exclusion of all employees in any of the sec- to the Senate and employees of the Senate Rifle Association, the National Right to tion 220(e)(2) offices. In the Board’s judg- be approved by the Senate by resolution; (2) Work Foundation, or the National Organiza- ment, the issuance of blanket exclusions the version of the proposed regulations that tion of Women. Indeed, an employee’s out- from the application of section 220 for all em- shall apply to the House of Representatives side associations—whatever they may be—all ployees in section 220(e)(2) offices would rep- and employees of the House of Representa- give rise to a possible tension between the resent a significant departure from the over- tives be approved by the House of Represent- employee’s interests and loyalties (as ex- all purposes and policies of the CAA. The atives by resolution; and (3) the version of pressed by outside associations) and the Board would promptly take that step if it the proposed regulations that shall apply to S5556 CONGRESSIONAL RECORD — SENATE May 23, 1996 other covered employees and employing of- ployed in those offices and representatives of ask unanimous consent that it be fices be approved by the Congress by concur- those employees. printed in the RECORD. rent resolution. § 2472.3 Exclusion from coverage There being no objection, the mate- Signed at Washington, D.C., on this 22nd Notwithstanding any other provision of rial was ordered to be printed in the day of May, 1996. these regulations, any covered employee who RECORD, as follows: GLEN D. NAGER, is employed in an office listed in section Chair of the Board, Office of Compliance. Mr. Chairman, and members of the Judici- 2472.1 shall be excluded from coverage under § 2472 Specific regulations regarding certain of- ary Committee, my name is Kenneth J. section 220 if it is determined in an appro- Novack of the law firm Mintz, Levin, Cohn, fices of Congress priate proceeding that such exclusion is re- § 2472.1 Purpose and Scope Ferris, Glovsky and Popeo, P.C., with offices quired because of (a) a conflict of interest or in Boston and Washington, D.C. As a member The regulations contained in this section appearance of a conflict of interest, or (b) of the Firm’s Executive Committee, previous implement the provisions of chapter 71 as ap- Congress constitutional responsibilities. President and CEO, and Chairman of the plied by section 220 of the CAA to covered f Mintz Levin Community Service Program, I employees in the following employing of- am pleased to be here today to provide testi- fices: THE VERY BAD DEBT BOXSCORE mony regarding the commitment of one law (A) the personal office of any Member of firm to make a significant and continuing the House of Representatives or of any Sen- Mr. HELMS. Mr. President, too many difference in the fight against domestic vio- ator; Americans have not the foggiest notion lence. (B) a standing select, special, permanent, about the enormity of the Federal BACKGROUND temporary, or other committee of the Senate debt. Every so often, I ask various or House of Representatives, or a joint com- Mintz Levin has strived for over 60 years to mittee of Congress; groups, how millions of dollars are create and maintain a workplace of diversity (C) the Office of the Vice President (as there in a trillion? They think about and tolerance, and to serve the community President of the Senate), the Office of the it, voice some estimates, most of them as well as our clients. President pro tempore of the Senate, the Of- not even close. In 1990, at the initiative of two first-year fice of the Majority Leader of the Senate, They are stunned when they learn associates, the Firm created the Mintz Levin the Office of the Minority Leader of the Sen- the facts, such as the case today. To be Domestic Violence Project to provide free ate, the Office of the Majority Whip of the exact, as of the close of business yes- legal representation to victims of domestic violence. In 1994, the Firm decided to expand Senate, the Conference of the Majority of the terday, May 22, 1996, the exact Federal Senate, the Conference of the Minority of and focus its community service commit- the Senate, the Office of the Secretary of the debt—down to the penny—stood at ment, and we chose the area of domestic vio- Conference for the Majority of the Senate, $5,117,440,103,398.93. lence as the principal focus of all our future the Office of the Secretary for the Minority Another astonishing statistic is that community service. We hired a full-time Di- of the Senate, the Majority Policy Commit- on a per capita basis, every man, rector of Community Service and established tee of the Senate, the Minority Policy Com- woman, and child in America owes a Community Service Fund to complement mittee of the Senate, and the following of- $19,318.08 as his or her share of the Fed- our domestic violence pro bono practice and fices within the Office of the Secretary of the eral debt. to encourage Firm-wide participation. Senate: Offices of the Parliamentarian, Bill As for how many millions of dollars DOMESTIC VIOLENCE INITIATIVES Clerk, Legislative Clerk, Journal Clerk, Ex- Mintz Levin chose a three-pronged ap- ecutive Clerk, Enrolling Clerk, Official Re- there are in a trillion, there are a million million in a trillion, which means proach for our efforts against domestic vio- porters of Debate, Daily Digest, Printing lence: public policy issues on a national Services, Captioning Services, and Senate that the Federal Government owes level; state and local efforts; and an internal Chief Counsel for Employment; more than 5 million million dollars. focus within the Firm. (D) the Office of the Speaker of the House f Internal Focus. As the foundation of our of Representatives, the Office of the Major- domestic violence initiatives, we began at ity Leader of the House of Representatives, MINTZ LEVIN’S SUCCESSFUL home by working to give all our employees the Office of the Minority Leader of the DOMESTIC VIOLENCE PROJECT access to the support needed to free them- House of Representatives, the Offices of the selves from abusive situations. Mintz Levin Chief Deputy Majority Whips, the Offices of Mr. KENNEDY. Mr. President, do- provides its employees with free legal assist- the Chief Deputy Minority Whips, and the mestic and other acts of violence ance including, when necessary, helping following offices within the Office of the against women have reached epidemic them to obtain restraining orders. Each new Clerk of the House of Representatives: Of- proportions. Figures from 1994 show employee is given an information packet in- fices of Legislative Operations, Official Re- that, on the average in the United cluding a resource card entitled Where to Get porters of Debate, Official Reporters to Com- States, a woman was murdered every Help if Domestic Violence is a Problem, which mittees, Printing Services, and Legislative two days, and a woman was beaten identifies three Mintz Levin attorneys and Information; one attorney from another law firm who will (E) the Office of the Legislative Counsel of every 15 seconds as a result of domestic provide free and confidential assistance. In the Senate, the Office of the Senate Legal violence. addition, a booklet entitled Domestic Vio- Counsel, the Office of the Legislative Coun- The Violence Against Women Act lence: The Facts is provided to each employee sel of the House of Representatives, the Of- was passed in 1994 to address this prob- and lists local resources. Our Human Re- fice of the General Counsel of the House of lem and ensure the safety and peace of sources Department has developed a policy Representatives, the Office of the Par- mind of millions of women and their for managing family violence situations, and liamentarian of the House of Representa- all management staff have been trained to tives, and the Office of the Law Revision families. Congress took an approach that requires a partnership between recognize and respond to such situations. A Counsel; speaker’s bureau provides regularly sched- (F) the offices of any caucus or party orga- the private sector and the public sector uled seminars to increase employee aware- nization; at every level—Federal, State, and ness. We have also offered Model Mugging (G) the Congressional Budget Office, the local. safety-defense classes in both our Boston and Office of Technology Assessment, and the Of- The Domestic Violence Project being Washington offices. As a result of our efforts, fice of Compliance; and; carried out by the law firm of Mintz our employees feel free to come forward for (H) the Executive Office of the Secretary of Levin Cohn Ferris Glovsky and Popeo assistance and do so on a regular basis. the Senate, the Office of Senate Security, Mintz Levin also creates opportunities for the Senate Disbursing Office and the Admin- is an excellent example of a successful partnership. In testimony before the broad-based participation by our employees istrative Office of the Sergeant at Arms. in community service activities. A Domestic § 2472.2 Application of Chapter 71 Senate Judiciary Committee, Kenneth Violence Task Force, consisting of attor- (a) The requirements and exemptions of J. Novak, chairman of the firm’s Com- neys, senior professionals and other employ- chapter 71 of title 5, United States Code, as munity Service Program, described its ees, regularly reviews and advises with re- made applicable by section 220 of the CAA, Domestic Violence Project and its ef- spect to the Firm’s public policy and pro- shall apply to covered employees who are forts to reduce domestic violence. gram development initiatives. A Community employed in the offices listed in section The Domestic Violence Project that Service Advisory Committee, consisting pri- 2472.1 in the same manner and to the same Mr. Novak described can be an effec- marily of administrative and support staff, extent as those requirements and exemptions tive model for many others in helping initiates volunteer projects and Firmwide are applied to other covered employees. events on behalf of local domestic violence (b) The regulations of the Office, as set the Nation meet and master the chal- organizations. The Firm encourages inter- forth at sections 2420–29 and 2470–71, shall lenge of domestic violence. I believe ested employees to assist shelters, advocacy apply to the employing offices listed in sec- that Mr. Novak’s testimony will be of groups and other organizations on Firm tion 2472.1, covered employees who are em- interest to all of us in Congress, and I time. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5557 State and Local Efforts. The second com- It is an especially important facility for violence against women and children. Our ef- ponent of Mintz Levin’s domestic violence Asian women since it provides a hot line and forts on behalf of the National Network have initiative consists of continuing efforts at counselling in a number of Asian languages, included our serving as pro bono legal coun- the state and local levels, enabling us to uti- and language barriers have often prevented sel, as well as providing office space and ad- lize our skills as legal advocates and to iden- Asian women from seeking help at tradi- ministrative support, and organizational de- tify opportunities for new, innovative tional shelters. Attorneys from the Firm velopment, as well as writing amicus briefs projects in the Greater Boston and Washing- have served on the Board of Directors of both regarding the confidentiality of records of ton, D.C. communities. Our attorneys and the Elizabeth Stone House and the Asian battered women and rape crisis service pro- senior professionals are active in a wide vari- Task Force Against Domestic Violence. viders. ety of service and planning committees, and The issues of homelessness and substance Other national efforts include Mintz Lev- our Domestic Violence Project continues to abuse are intertwined with that of domestic in’s participation in the newly organized Na- provide pro bono legal representation to vic- violence. Therefore, the Firm’s real estate tional Workplace Resource Center, where we tims of domestic violence. The Project is and environmental law attorneys have given serve as Co-chair of the Corporate Social Re- staffed by specially trained Mintz Levin at- their time to help the Women’s Institute for sponsibility Sub-committee, and as liaison torneys, paralegals and project analysts, who Housing and Economic Development develop to the American Bar Association’s Commis- have been accepting restraining order cases two transitional programs for women, one sion on Domestic Violence. from Greater Boston Legal Services since for women recovering from substance abuse Charitable Contributions. Our initiatives July 1990. To date, participants in the and one for homeless women and their fami- include financial contributions, which we Project have been successful in obtaining lies. make through our Community Service Fund, protective orders, vacate orders, and tem- In Massachusetts, we work closely with as well as in-kind contributions. Mintz Levin porary custody and support orders for over the Massachusetts Coalition of Battered in-kind contributions include donations of 100 clients. Project attorneys also assist cli- Women Service Groups, helping them obtain clothing, furniture, office supplies, graphic ents in the enforcement of such orders. The funds for shelters and to develop programs design, printing and training events. We Project provides clients with social services that provide assistance to battered women have identified a continuing need of grass- referrals for their non-legal needs, such as and their children. We act as advisors to dis- roots organizations for assistance in strate- housing and counseling. In Washington, we trict attorneys, to the Governor’s office and gic planning, business development and com- have also represented battered women in to legislators on the issue of domestic vio- puter technology. We consider the funding of court and sponsored city-wide training ses- lence. We have worked with the Massachu- an organizational development consultant to sions to encourage other attorneys to do the setts Coalition of Battered Women Service be an excellent form of in-kind contribution. same. Groups toward the enactment of legislation For example, when the Same Sex Domestic Through our Domestic Violence Project, to help prevent placing children at risk from Violence Coalition applied to our Commu- Mintz Levin attorneys have also represented batterers, by creating a rebuttable presump- nity Service Fund, we suggested a contribu- battered women in appellate matters before tion that a parent who engages in a ‘‘pat- tion of a day-long strategic planning session the Massachusetts Supreme Judicial Court tern’’ or ‘‘serious incidence’’ of abuse against with a consultant of their choice. The group and have filed briefs amici curiae in both his or her partner should not be awarded sole accepted and, six weeks after their planning federal and state courts. Such appellate or joint custody over their children. Our ef- session, we received an invitation to a com- work is essential to the interpretation and forts extend to helping the Massachusetts munity forum which they had identified as enforcement of laws intended to protect vic- Coalition of Battered Women Service Groups the first step in their strategic plan. The tims of domestic violence. Law firms, espe- obtain funding for their member shelters, in- community forum inspired an active group cially large ones like Mintz Levin, are cluding by bringing together committed ad- of forty organizations and committed indi- uniquely situated to muster the legal re- vocates and legislators who keep the issue of viduals who are now working together to de- sources necessary to undertake such appel- funding active in the agenda of the Massa- velop services for victims of same sex domes- late cases. chusetts legislature. tic violence. In addition to pro bono client services, In 1990, the Project received an award from LESSONS LEARNED Project participants work with the Massa- the Young Lawyers Division of the Boston The Power of Networking. Mintz Levin chusetts Coalition of Battered Women Serv- Bar Association; and in 1992, the Project re- draws upon the knowledge and commitment ice Groups toward the enactment of legisla- ceived an award from the Women’s Bar Asso- of approximately 600 employees, including tion that will afford greater protection to ciation for its work on behalf of victims of over 225 attorneys and senior professionals. victims of domestic violence. As a result of domestic violence. In 1994, the Rose Founda- As a large law firm, we have experience with these efforts, the Project was instrumental tion presented an award to Mintz Levin for the justice system, connections to the cor- in securing the passage in December 1990 of its efforts in the area of domestic violence. porate community, extensive state and fed- the Act to Further Protect Abused Persons, We are encouraged by these recognitions of eral government relations capabilities, and a which substantially strengthened the Massa- our work to hope that other firms will join remarkable ability to make a difference. I chusetts Abuse Prevention statute. In De- us in helping battered women and children. believe the greatest service that Mintz Levin cember 1993, the Project worked with the Our Community Service Program also in- has offered in its six-year-old domestic vio- Massachusetts Coalition of Battered Women cludes non-legal direct service work. As part lence initiative has been to open doors which Service Groups for the passage of legislation of the Polaroid CEO Challenge, we have have traditionally been shut to battered that directs judges to consider evidence of partnered with the Elizabeth Stone House, women and children and their advocates, and past or present domestic violence in custody building on our long-standing commitment to make the introductions necessary for di- and visitation proceedings. More recently, to that organization. The CEO Challenge en- verse leaders with very different back- Project members worked to further the encourages business leaders to end domestic vi- grounds to form new partnerships. actment of the Massachusetts Weapons Bill, olence by partnering with a battered wom- I would like to mention a few examples. which takes guns, ammunition and other en’s shelter, providing support and advocacy. One of our goals has been that resources for weapons out of the hands of batterers. Our partnership with Elizabeth Stone House battered women and their children be easily Our experience has demonstrated that the has to date included a mentoring program accessible, and that domestic violence advo- opportunities to serve are not limited to the for children, and internship program in our cates and service organizations be able to fields of litigation or government relations. production department for women seeking communicate with each other across the Mintz Levin’s real estate and environmental new job skills, a children’s holiday party, country. We encouraged our client America law professionals have provided pro bono and a very successful effort to raise money Online (‘‘AOL’’), which operates the coun- legal services to non-profit corporations to provide a new roof. Mintz Levin also try’s largest consumer online service, to con- which have built shelters for the victims of worked with the Massachusetts Office of Vic- sider a domestic violence area within its new domestic violence and transitional housing tim Assistance, by helping to craft and im- Digital City Boston. AOL responded enthu- for homeless women and their families. In plement ‘‘safe plan’’, a program that pro- siastically. At my request, the Mintz Levin 1986, the Firm began its representation of vides women with protection and assistance Director of Community Service brought to- the Elizabeth Stone House, an alternative through each step of their escape from vio- gether representatives from AOL and local mental health and battered women’s shelter, lence. And we have provided support services domestic violence activists to design and im- with the acquisition of two buildings and the to Peace At Home, one of the first organiza- plement a domestic violence area. The Mas- conversion of them into a battered women’s tions to define domestic violence as a human sachusetts Coalition of Battered Women shelter and a transitional housing program. rights issue. Service Groups is now partnering with AOL, In 1993, the Firm represented the Asian National Level. On a national level, we are and involved advocates are receiving the Task Force Against Domestic Violence in its proud to be affiliated with the National Net- training and software necessary to maintain efforts to build a 12-bed emergency shelter work to End Domestic Violence. As you the area. A representative from the Public for battered women and their children. This know, The National Network was instrumen- Educational Technical Assistance Project of shelter was the first shelter for Asian women tal in the drafting of the Violence Against the National Resource Center on Domestic in New England. In the past year, more than Women Act, and working for its passage and Violence, funded by the Centers for Disease 170 women have used the Asian Shelter, and funding. The Violence Against Women Act is Control, is involved to ensure coordination the shelter has received 1,000 calls for help historic legislation, and I applaud your with other emerging domestic violence on- and another 4,000 calls seeking information. championship, Senator Hatch, of the issue of line networks. The area is scheduled to open S5558 CONGRESSIONAL RECORD — SENATE May 23, 1996 in June, and I hope it will be a precursor to position to become innovative partners in Soviet Union by his work to invigorate the a national online network. the implementation of the Act. My col- Economic Forum of the Organization for Se- We have been pleased, and occasionally leagues and I look forward to working with curity and Cooperation in Europe, and by the surprised, by the interest of others in sup- others in the legal profession to make a sig- drive and leadership he gave to the West- porting our efforts. As part of our fund rais- nificant contribution to the fight against do- East Economic Conferences. ing efforts to provide a new roof for the Eliz- mestic violence. Chuck was inspiring in his work with large abeth Stone House, we received a donation of Respectfully submitted, Kenneth J. and small American companies. He had a roofing materials from a Firm client, and do- Novack. flair for dealing with CEOs. They empathized nations from several vendors for a silent auc- f with him and understood his global vision. tion. I have recently agreed to serve as Co- Nowhere was this better exemplified than in chair for a Men’s Advisory Committee for TRIBUTE TO CHARLES MEISSNER the Transatlantic Business Dialogue. Sec- the Massachusetts Coalition of Battered Mr. KENNEDY. Mr. President, the retary Brown initiated the idea that U.S. and Women Service Groups, which I hope will en- tragic plane crash in Croatia last European business should take the lead in helping government design future trans- courage other businessmen to become per- month that took the life of Secretary sonally involved in working to end domestic atlantic commercial policy. But it was violence. of Commerce Ron Brown also took the Chuck that made this idea work. The success Mintz Levin was also instrumental in the lives of other outstanding officials in of the historic conference in Seville, Spain, establishment of the Jane Doe Safety Fund. the Department of Commerce, includ- last November that brought a 100 leading Through our corporate clients, we were able ing Charles F. Meissner, who was As- American and European CEOs together was to bring together corporations, foundations sistant Secretary for International due in large part to Chuck. and other funds to provide guidance and fi- Economic Policy and who was also the Following on his deep conviction that trade was the best force for peace, Chuck nancial assistance to members of the domes- husband of Doris Meissner, the Com- tic violence community who wanted to es- used his boundless energy to bring American tablish a fund to educate the public about missioner of the Immigration and Nat- companies together with companies in domestic violence and to support battered uralization Service. During the 1970’s, emerging democracies and in reforming women’s shelters. The Jane Doe Safety Fund he had served with great distinction for countries. He was the leading force behind is now in its fifth year of existence. several years on the staff of the Senate President Clinton’s White House Conference Mintz Levin plans to continue its public Foreign Relations Committee. on trade and investment in Eastern Europe, policy efforts in the area of domestic vio- Our hearts go out to the Meissner held in Cleveland last year. That conference lence on both a state and national level, in- family in this time of their great loss. exposed America’s top companies to the genuine opportunities to build commercial cluding our partnerships with the National In the days following that tragedy, a Network and the Elizabeth Stone House, as bridges to Central Europe. well as our own Firm-based education and number of eloquent tributes to Charles He poured his heart into using commercial prevention programs. The broad-based in- Meissner described his extraordinary policy to support the peace process in North- volvement and enthusiasm of our employees career, his dedication to public service, ern Ireland. He was particularly proud, and reinforces and deepens our commitment to and his contributions to our country justly so, of bringing scores of companies the issue. We will also continue to use our and to peoples throughout the world. I there to support our efforts and those of the access and relationships to encourage and believe these tributes will be of inter- British government to bring peace to that foster new public/private partnerships. Build- troubled land. When peace finally comes to est to all of us in Congress and to many Northern Ireland, as it surely will, Chuck ing a network of like-minded law firms others, and I ask unanimous consent across the country is one of our goals for the Meissner will have played a major role in coming year. that they be printed in the RECORD. being a midwife. He was just beginning to do Economic Security. Economic security is There being no objection, the trib- the same in Haiti. listed as the number one reason battered utes were ordered to be printed in the It was on another such venture to under- women go back to their abusers. It would be RECORD, as follows: gird a fragile peace, that took Chuck and Ron Brown to Croatia and Bosnia. He died wrong to separate artificially the problem of TRIBUTE TO CHARLES MEISSNER doing what he loved, using the resources of domestic violence from the issues of free (By Stuart E. Eizenstat) legal services, social services and child sup- the American private sector to strengthen Doris, Christine, Andrew, family and port programs. Battered women need more the forces of peace and democracy abroad. friends of Chuck Meissner. I feel doubly support, not less, to end abusive relation- The terrible conflict in Bosnia has now blessed by my association with the Meissner ships. claimed several friends, earlier Bob Frasure, family. In the Carter Administration it was Learning from Others. Our initiatives in and now Chuck, Ron and our other col- my good fortune to work closely with Doris domestic violence, and our partnerships with leagues at the Commerce Department. on immigration issues—to see directly her the National Network, the Elizabeth Stone Chuck maintained a punishing travel intelligence, her calm amidst the pressures House, and other service organizations, have schedule, as he was driven to extend our of policymaking, her quiet dignity, her dedi- taught us that in addition to having a lot to commercial diplomacy round the world. He cation to public service. It was then that I offer, we have a lot to learn. From battered joked to me that he only saw Doris, with her first came in contact with Chuck. women and their advocates we can learn own demanding schedule, as their planes But it was during the past 21⁄2 years, with what is needed next to end domestic violence criss-crossed in the sky! And Doris, his love me in Brussels and Chuck in Washington, and how and when our resources and skills for you and the children was evident in the that we formed an intense professional and can best help. The passage and funding of the fond ways in which he talked about you. personal bond which profoundly influenced But all of this was a continuation of a life Violence Against Women Act has already me. We worked together on every important devoted to public service, with a particular created, and will continue to create, oppor- trade and commercial issue involving the emphasis on expanding America’s economic tunities for unlikely partnerships. Domestic European Union and its member states. relationships abroad, relationships which are violence advocates, law firms, corporations, During Chuck’s frequent travels to Brus- the very essence of our efforts to expand de- government agencies and the judicial system sels, he stayed with Fran and me, and had mocracy and prosperity around the globe. He each have their own perspectives on the many meals with us. Chuck and I attended served in senior positions in the Treasury problem of domestic violence, and we all innumerable meetings together. When my Department, on the Senate Foreign Rela- may be a bit parochial in our approaches. appointment to my current position at Com- tions Committee, where he was Staff Direc- Building new models of collaboration is both merce became known, I spent a great deal of tor of the Subcommittee on Foreign Rela- challenging and rewarding. Our new partner- time talking and meeting with Chuck, seek- tions, and in the State Department where he ships require building new bridges. We must ing his advice and counsel and telling him of was Deputy Assistant Secretary for Inter- learn to work respectfully with people and my plans to beef-up the International Eco- national Finance and Development and Am- organizations with very different histories, nomic Policy unit he so ably led. Our last bassador and U.S. Special Negotiator for different measures of success, and sometimes conversation came only a few days before his Economic Matters. Chuck’s service to the even histories as adversaries. As we create trip to Bosnia and Croatia. United States was not limited to civilian po- new models of cooperation, we must also rec- During Chuck’s all-too-brief tenure as As- sitions. He was a Vietnam veteran, decorated ognize that it will take time, patience, good- sistant Secretary, there was hardly a con- on several occasions for his bravery in com- will and even humor to go the distance. tinent that did not benefit from Chuck’s bat as a Captain in the United States Army. CONCLUSION sterling efforts. Chuck used his extensive fi- But will all of these accomplishments, I Chairman Hatch and Members of the Sen- nancial experience at Chemical Bank and the will most remember Chuck with genuine ate Judiciary Committee, I offer my con- World Bank to encourage private sector in- love and affection for something more per- gratulations and thanks for your leadership vestment in the border regions in Mexico, as sonal. Few people have touched me the way in the passage of the Violence Against chair of the U.S.-Mexico Border Economic Chuck did. He had a wonderful joy of life and Women Act. I also thank you for the oppor- Development task force. He helped to expand sense of humor. He made me laugh—not al- tunity to speak to you today. It is my belief economic contacts between the West and ways easy to do! When I told Doris at her that lawyers and law firms are in a unique Central Europe and the states of the former home Friday about this, she said, ‘‘You May 23, 1996 CONGRESSIONAL RECORD — SENATE S5559 know, one of the reasons I married Chuck fairs, then a powerful and aggressive organi- In particular, Chuck was convinced that was that he made me laugh too!’’ zation with entirely State personnel. Chuck the age calls for new and creative ways to When Chuck came into a room his radiance used to joke, with some reason, that I was use the dynamism and power of the Amer- lit it up. That beautiful smile and almost brought in as his principal deputy to keep an ican private sector as an instrument for cherubic face—like a grown-up version of one eye on him. We ended up mentoring each peace, stability and democracy. In his two of Raphael’s endearing child angels—never other, he with his broad Treasury and Senate years at Commerce he wrestled with the failed to touch me deeply and to the core. I background, I a decade older with depth in challenge of integrating foreign commercial was drawn to Chuck, as I know all of you overseas diplomatic service and State bu- policy with its materially-driven bottom- were, by not only his obvious competence reaucratic background. Our relations, line goals with broader foreign policy to find but by his basic decency, his goodness, his warmed by Chuck’s openness, honesty and how they could be used to energize and rein- wonderful humanity. Chuck believed in obvious ability, deepened into mutual trust force each other. The breakthroughs for rec- causes but he never forgot the people who and ripened into friendship. onciliation in Ireland, which Chuck created were to benefit from them. It was in retrospect an exciting and cre- almost single handedly, were propelled by Just as we all feel blessed by Chuck’s ative period. In the wake of the first oil his vision of economic growth and develop- friendship, and by his caring, all of us also shock and the world economic slowdown ment based on cooperative measures to in- feel, in our own way, cheated by his tragic many countries in Latin America, Africa and duce private investment by American enter- death—for myself, deprived of an oppor- eastern Europe could not repay to the US prises. tunity to work even closer together on the hundreds of millions in official debts con- Underlying all of his endeavors—his efforts causes he so believed in, deprived of more tracted in better times. It was Chuck’s labor in Ireland, his attempts to strengthen the time to nurture our friendship, deprived of of Hercules to sort out the economic impli- Organization for Security and Cooperation in the chance to simply feel so good in his pres- cations and the sticky foreign and domestic Europe, his approach to the problems of the ence. politics to come up with a set of US govern- big emerging markets—was a great long- But all of this pales in comparison to the ment responses. A thankless business—he term vision. He believed that the essential loss for Doris and the children of a husband, specialized, like Doris, in thankless tasks— task of the post-Cold War era was to struc- a father, a companion. There is an old say- with infinite opportunity for offending the ture incentives and institutions for bringing ing, that ‘‘men and women plan, but God Congress, the Treasury, the debtor countries all the Russias, Chinas and Bosnias—all the laughs at our plans and has his own for us.’’ and the other creditors. reforming and emerging countries—into the None of us can possibly explain this tragedy. It was in this thicket of problems that he world economic order. Chuck dreamed of a All one can say is that God on High must encountered Michel Camdessus, then a very world of peace, stability and democracy built have been particularly lonely and needed senior officer of the French Treasury, and upon irreversible global interdependence: all Chuck’s companionship and laughter; as like him an official of extraordinary breadth nations would have more to gain by cooper- ating, by participating in an open world sys- those who knew him on this imperfect earth and ability. Their initial adversarial rela- tem based on the rule of law, than by resort so reveled in it. tions were transformed by mutual apprecia- to traditional unilateral attempts to seek Chuck, we loved you as you loved us. Our tion into a partnership that defined the rules advantage. He saw the vast American com- memories are sweet as the fragrances of for handling sovereign debt, and lived on mercial structure as a central instrument in Spring will surely come. They did not die through the years that followed. this great scheme. with you. All of your friends will always be The dozen years Chuck spent sorting out the debt problems of the Chemical Bank and He was working on how to articulate this the better for you having come into our lives broad concept into a series of strategies with your wonderful countenance. experiencing the institutional culture of the World Bank were stepping stones to his pol- when he was taken from us. Doris, we hope that our prayers and the A week ago Stuart Eizenstat led a gather- heartfelt feelings of your colleagues in the icy position in Commerce; all of us con- fidently expected his star to mount in the ing of Commerce employees in reflection on Justice Department, the Commerce Depart- the loss of Chuck and his colleagues. In that ment and throughout the Administration coming years, the years that have been taken from him. moving ceremony one of the respondents will strengthen you in these dark and dif- from the audience declared that the finest ficult days, and will sustain you as you con- As a negotiator he was matchless. He won, of all things, by being straight! To begin memorial for the perished would be to continue to service the country so well for tinue to work toward the goals they believed which Chuck gave his life. with, Chuck was deeply uninterested in the social luxuries of diplomatic life (I finally in. So be it with Charles Meissner, visionary, got him to recognize the difference between public servant, man of honor—and husband, REFLECTIONS ON CHARLES MEISSNER red and white wines) and skipped the cock- father and friend. His memory will strength- (By Michael Ely) tail parties unless he had a diplomatic chore en and sustain us as we continue his gallant Today it is my honor briefly to talk to you to do there. For another, he neither bluffed search. about Charles Meissner and the central nor threatened, nor did he respond to such THE HONORABLE CHARLES F. MEISSNER theme of his working life, service to his gov- tactics; while he could sense the hidden ernment and, more broadly, service to his agenda of his adversary, he had none of his Charles Meissner was sworn in as the As- sistant Secretary for International Eco- nation and to the world. Chuck might have own; and his attention never wavered nor nomic Policy at the Department of Com- been embarrassed by this discussion. His temper flared. His physical vitality and a merce on April 4, 1994 following confirmation sense of personal responsibility and commit- Churchillian ability to snatch catnaps by the United States Senate. As Assistant ment was so deep and integrated into his life equipped him to outlast the most tenacious Secretary, Mr. Meissner was responsible for that it became part of his personality. It adversary. And his patience had no end. went right down to his toenails. He felt that This perhaps gives one insight into the se- international commercial policy develop- devotion to the public good was normal and cret of Chuck’s consistent success as a public ment, including country and regional mar- natural behavior, even if not widely shared servant: a unmatched combination of self- ket access strategies, multilateral and bilateral trade issues, and policy support of Sec- in a world full of people in futile pursuit of lessness, honesty, self control, and hunger retary of Commerce Ronald Brown on inter- private gain and satisfaction outside of and for the public good that set him apart and divorced from the public good. national issues. armored him against any accusations of per- Since 1992, Mr. Meissner had served at the Indeed, his concept of the good was univer- sonal advantage. All this was matched by World Bank as manager of the Office of Offi- sal, comparable to what we might think of as easy good humor, modesty, natural courtesy cial Co-financing and Trust Fund Manage- the inner vision of a saint, but tempered by and a radiant smile that made this man, in ment. Mr. Meissner was responsible for years of experience in addressing complex is- some respects really most formidable, one of maintaining the Bank’s financial relation- sues of public policy where the path to the the least threatening I have ever known. The ships with official co-financiers who co-fi- good is unmarked and has to be discovered or biggest occupational hazard of diplomacy is nance approximately $10 billion in projects even created. Here was an area that must vanity and it increases with rank. Chuck’s annually with the World Bank. have drawn Doris and Chuck together: their ambassadorial title, conferred to increase his Previously, Mr. Meissner served as Vice willingness, even eagerness, to grapple with negotiating prestige, never impressed him; President at Chemical Bank where he coordi- policy issues with difficult tradeoffs, no easy he laughingly liked to suggest he be called nated sovereign debt restructuring policy solutions and multiple painful outcomes. Ambassador Chuck. within the bank and represented Chemical in Chuck sought to reconcile commercial af- Yet he was a true intellectual—he would negotiations with debtor countries. fairs with broader national interests; Doris not have liked the term—with an original, In 1980, Mr. Meissner was appointed Am- deals with the terrible tensions between so- searching mind that looked so broadly and bassador and U.S. Special Negotiator for cial decency and justice and conflicting eco- deeply as to go quite beyond the reach of Economic Matters. Mr. Meissner has also nomic and social problems. most of us. Because of this he was, I think, served as Deputy Assistant Secretary for Our paths first came together in the State sometimes quite alone—very few could stay International Finance and Development in Department almost two decades ago. From a with him at the vertiginous level of the Bureau of Economic and Business Affairs senior staff position with the Senate Foreign conceptualization that he felt was—is—ur- at the U.S. Department of State. Relations Committee he had been gently needed to think out tough problems. In 1973, he accepted a professional staff ap- parachuted in, as it were, as Deputy Assist- It was to help in this endeavor that he asked pointment to the Committee on Foreign Re- ant Secretary in the Bureau of Economic Af- me to join him as an advisor. lations of the U.S. Senate where he served as S5560 CONGRESSIONAL RECORD — SENATE May 23, 1996 an economist. In his final year with the com- own destinies, people whose suffering had to the economic and environmental conditions. mittee, he also served as staff director to the be alleviated, people who had to be given a And most recently, in Bosnia where Chuck Subcommittee on Foreign Assistance. He new chance . . . And more again, but you had was seeking to secure a fragile peace with began his career in 1971 at the U.S. Depart- to know him well to perceive this and to be the promise of a better future through eco- ment of Treasury in the Office of Inter- prepared to read it in his eyes, his smile, his nomic development and trade. Suffice it here national Affairs where he worked as the jokes, or in his silences, the extraordinary for me to quote his last declaration in Japan desk officer and as special assistant to way in which love was the unifying factor of Bosnia, I quote the wire agencies: the Assistant Secretary for International Af- his life. He loved his family, he loved his ‘‘ ‘We want to build confidence in investing fairs. friends, he loved his country, the values of and reestablish the internal confidence’ be- A native of Wisconsin, Mr. Meissner is a his country and to work for them, knowing tween the Serbs, Croats and Muslims, said three-time graduate of the University of Wis- pretty well since his experience in Vietnam Charles Meissner, assistant secretary of com- consin, including a BS in 1964, an MS in Eco- that this could imply the ultimate sacrifice. merce for international economic policy. nomics in 1967, and a Ph.D. in Agricultural Let me mention a few of these values: the ‘‘Development ‘gives a common ground Economics with a minor in Latin American sense of responsibility for leading the way that you re-establish economically, develop- Studies in 1969. He served in the Vietnam toward a better world, confidence that it is ing the basis for interdependency,’ he said.’’ War as a Captain in the United States Army always worthwhile to help people stand This was Chuck, my friends, this is Chuck: during 1969 and 1970 and received for his serv- again on their feet, to work with them to a great man, a great friend, a great Amer- ice the Army Commendation Medal, the build peace through solidarity. I said solidar- ican, a great builder of peace, one of those Joint Service Commendation Medal and the ity; perhaps the proper word should be broth- ‘‘God will call his children’’ (Mat. 5–9), one of Bronze Star. erhood throughout the world ‘‘from sea to those who can tell the Lord with a joyful as- Doris and Chuck met during their fresh- shining seas.’’ This was, I think the profes- surance ‘‘your house will be my home.’’ (Ps. sional secret of Chuck, the fact that in one man year at the University of Wisconsin and 23). were married in 1963. They have two chil- way or another, even in the most adverse situations, he was always giving something of dren, Christine, 31, and Andrew, 27. MEMORIAL SERVICE FOR CHARLES F. MEISSNER himself, putting his mind and heart into Mr. SIMPSON. Mr. President, I rise achieving a better agreement, in finding a (By Ted Crabb) with my colleague from Massachusetts more constructive solution. I came to know Chuck Meissner in the to mourn the loss of Charles F. I witnessed this many, many times, as the early ’60’s when I was working, as I still do, Meissner, the Assistant Secretary for debt crises multiplied the clients of the at the Wisconsin Union, the student-led com- International Economic Policy at the Paris Club, making Chuck a regular cus- munity center at the University of Wiscon- tomer on the transatlantic flights between sin-Madison. Like his brother David, Chuck Commerce Department. He was a man Washington and Paris. Let me tell you that who devoted his life to furthering came to the Union not only to take part in I particularly admired him on the occasion the social, cultural and recreational activi- America’s economic strength; our Na- of an UNCTAD meeting in Manila where, ties the Union provided, but to help plan, de- tion is the better for his service. leading the American delegation, his role velop and promote those activities. His close friends—leaders from the was decisive in transforming an occasion It tells you something about Chuck public and private sector—have eulo- which could have been confrontational and Meissner that in choosing to become active gized Chuck Meissner more ably than I rhetorical into an opportunity for solidly at the Union as a student, he was not delaying down the basic principles (the so- could ever hope to do. I want to share terred by the fact that his older brother had called ‘‘features’’) which since then have already made his mark there, first as a com- their moving statements with my col- governed public debt rescheduling oper- leagues and with others of our Nation, mittee chair and then as president of the ations. This could seem somewhat esoteric Union’s student-faculty-alumni governing so all Americans may know and under- to you, but if I tell you that since then, on board. Another person, less comfortable with stand how deeply America misses his the basis of these principles, more than 250 himself, might have chosen a different activ- service and his leadership. I ask unani- billion dollars of public debt has been gener- ity, or even a different college in the first mous consent that these tributes to ously rescheduled * * * and 65 countries place. Not Chuck. If the Union was the place the life and accomplishments of Chuck have been given a new chance, you will have to mix with students of diverse backgrounds, some idea of the contribution Chuck made in to meet informally with professors, to debate Meissner be printed in the RECORD. making the world a better place. No more of There being no objection, the trib- the issues of the day, to encounter new and this. provocative ideas, to get involved, then utes were ordered to be printed in the In the days since that terrible tragedy on that’s where Chuck wanted to be. the hillside outside Dubrovnik, Chuck’s RECORD, as follows: It may have been at the Union that Chuck many friends, colleagues and admirers TRIBUTE TO CHARLES MEISSNER learned the patience that would enable him around the world have recounted the many (By Michel Camdessus) to cope with the vagaries and uncertainties other instances in which Chuck tried to Having had the privilege for 18 years to be make a difference—and succeeded. In Bel- of government service. Two years in a row, one of the innumerable colleagues and fast, where he had traveled many times to Chuck was responsible for a lecture to be friends of Chuck Meissner in the inter- assist in building economic bridges across given by Werner von Braun. Two years in a national community, let me try to tell you the political divide, and where, as I read in a row, he made posters, distributed notices to what sort of man he was for all of us. message from the West Belfast Economic university classes, made arrangements for a Let me tell you first how we became Forum director: The community activists special dinner for the honored guest, even friends, something, I must say, which working towards economic and social regen- produced little table tents resplendent with changed my life. eration in West Belfast came to know glittering rocket ships. Two years in a row, When I first met Chuck in 1978, he was the Charles Meissner. It was, however, to Chuck von Braun canceled his appearance at the highly respected and seasoned head of the Meissner’s own credit as an individual, that last minute. U.S. delegation to the Paris Club—this group we came to also regard him as a friend. Over Certainly, Chuck learned at the Union how of industrialized countries dealing with the the past two years, Charles Meissner re- to deal with dashed hopes. In his senior year, payment difficulties of the debtor coun- turned to West Belfast on several occasions. he was a candidate for president of the Union tries—and I its newly appointed and totally Always, he ensured that grassroots activists but lost out to his good friend, Carol unprepared Chairman. It was there, as Chuck from the disadvantaged communities were Skornicka. It tells you something about tactfully guided me through the intricacies consulted and kept informed. He understood Chuck that this defeat was no permanent of developing country debt, that I first came that if there was to be a ‘‘Peace Dividend’’ setback to their lifelong friendship. to know the fine qualities that we all ad- then any economic intervention from the Chuck left the university after he finished mired so much in him. USA must be targeted specifically as those his graduate work in Agricultural Econom- I must say, from the first he impressed me communities which have suffered most from ics, but he retained his interest in the uni- very much. He was one of those people whose exclusion and marginalisation. Chuck versity and in the Wisconsin Union. For the mere presence transformed a group’s life, fo- recognised that more than straightforward last eleven years, he served in an advisory cusing its purposes, adding to its creativity, economic investment is required to bring role to the Union, most recently as a mem- making it congenial and enthusiastic. What about economic regeneration. He valued the ber of the board of trustees of the building was the secret of this? Was it his charm, his work of the community organizations and association. In that role, he was the kind of persuasiveness, his distinction and natural the opinions of those with firsthand experi- board member that a president or director nobleness, sense of humor, the fun he found ence of dealing with the problems in our both loves and fears. in working, his selfishness, his own sense of community. Chuck gave freely of his own Chuck didn’t just attend meetings. He en- purpose and dedication? All of these things, time and expertise and encouraged others, gaged himself in them totally, asking tough and more! The fact that behind the opposite both within his department and among the questions, goading everyone to more effort. member at the negotiating table he saw a American business community to support lo- And when he left the annual meeting after person, and behind the problems, people; cally based economic initiatives. an intense day and a half session, I knew men, women, children, whose opinion had to Chuck’s action was similar at the US- that within a few days, I’d get a letter from be sought given their responsibility for their Mexican border, where he worked to improve him. It wouldn’t be one of those innocuous, May 23, 1996 CONGRESSIONAL RECORD — SENATE S5561 ‘‘Thank you very much, you’re doing a great zens, working together to solve their com- the State Department, he was known for job and enclosed are my expenses’’ letter. mon problems. being very, very tough in pursuing his goals, No. It would be two or three single-spaced, Many people say that heroism has van- It was kind of a joke that when he headed to- tightly packed pages of ideas for the future ished from America. We in this audience ward Treasury, they all left their offices be- and suggestions for implementation. ‘‘What know better. We know that Chuck Meissner cause they didn’t want to spend the next is the Union doing to prepare for a decline in was a hero. Not only because he gave his life three days arguing with him. He was ex- funding when undergraduate enrollment is for his country or because he took great tremely tenacious.’’ cut back? What can you learn and put into risks in the service of his country or flew Charles William Maynes, editor of Foreign practice from the recent Carnegie Founda- dozens of hazardous and uncomfortable Policy magazine, said Meissner deserves a tion report on higher education? What is the flights to remote places, all of which he did, share of the credit for the changed role of Union doing to serve the community in con- but also because he lived the values to which the Commerce Department under Brown. In tinuing education and to broaden the life ex- many people give lip service. He honored his the Administration’s first three years, periences of students?’’ commitments. He gave generously of him- ‘‘there was more foreign policy coming out In one letter in 1990, Chuck focused on the self, not for self-aggrandizement or private of the Commerce Department than any other role and image of Union South, a second fortune but for the worth of the undertaking. division,’’ Maynes said. ‘‘You can quarrel Union building, located on the Engineering He did what he did because it was the right with it, but they had a specific strategy and Campus and long seen by some as a sort of thing to do. And in the end he left the world certain countries they targeted. That is afterthought, or as Chuck called it, ‘‘the sec- a better place for his having been here. Chuck and Garten and Brown who did that— ond child who has to share his parents’ love We think of Chuck and we remember that that’s where that came from.’’ and always perform up to the older sibling’s broad smile, that gentle spirit, the way he A graduate of the University of Wisconsin, standards.’’ Chuck had a dozen different could walk into a room of strangers and put where he earned a doctorate in economics, ideas for upgrading its image, including the everyone at ease, his enjoyment of the rich Meissner received the Bronze Star for his possible rededication of the building to and varied experiences his jobs offered him, Army service during the Vietnam war. He honor those who have promoted civil and and that sense of irony that helped him began his Washington career at the Treasury human rights in Wisconsin as a means of maintain his perspective in the heady and Department in 1971. Following a five-year promoting greater campus community feel- unreal world of Washington politics. We stint as a Senate Foreign Relations Commit- ing in the cause of a shared heritage among think of the love and pride that were so evi- tee economist, he joined the State Depart- blacks, whites, Hispanics, Asians and Native dent whenever Chuck talked about Chris and ment as a deputy assistant secretary and Americans on campus. Andrew. We think of his marriage to Doris: later gained ambassadorial rank as the lead At the 1991 meeting of the trustees, Chuck a marriage in which each partner provided U.S. negotiator on international debt re- proposed the establishment of a permanent the ballast that allowed the other to soar. scheduling. Meissner spent nine years as a endowment for the Union trustees, to pro- And when we think of all these things we can Chemical Bank vice president, then moved vide a stable source of funding for the pro- only be grateful that we knew Chuck and to a senior World Bank post in 1992 before gramming efforts of the Union and the up- that he was our friend. joining the Administration in April 1994. His keep and renovation of the physical struc- wife, Doris, became commissioner of the Im- tures. He followed up his suggestion with a [From the National Journal, Apr. 13, 1996] migration and Naturalization Service in 1993. Meissner was known among colleagues and three-page draft of a funding statement that HERE WAS A PUBLIC SERVANT the board of trustees adopted at its next friends for an engaging sense of humor and (By Ben Wildavsky) meeting, with almost no changes, and which for his basic decency. In the days after it has since implemented. The way a friend of Charles F. Meissner’s Meissner’s death, a colleague spoke of the All directors of organizations should have tells the story, Commerce Secretary Ronald strong interest he took in advancing the ca- members like Chuck to prod and nudge. H. Brown was once leading an American del- reers of the people who worked for him. An- The Wisconsin Union is a tiny entity in the egation to Bonn when high-profile diplomat other recalled the ‘‘extraordinary’’—and suc- world that Chuck occupied. It tells you a lot Richard C. Holbrooke joined him in the head cessful—efforts Meissner made to help a Vi- about Chuck Meissner that he gave it the car of the U.S. motorcade. Not long after the etnamese woman escape her country just be- same kind of focused attention he gave to vehicles got under way, the motorcade fore the fall of Saigon. Many remembered his the global issues that made up his work day. stopped. Holbrooke walked back to find personal warmth. Just last fall, he was calling to ask me to Meissner in another car and told him that ‘‘He was splendid in every aspect of his per- send him information about the Wisconsin Brown had requested that the two of them sonal and professional life,’’ said Richard M. Union that he could take to a person he’d trade places. ‘‘I understand you’re the guy Moose, undersecretary of State for manage- met on a trade mission, who was trying to who tells him what to say before the meet- ment, who first met Meissner around 1970 at build a campus community center at his own ing,’’ Holbrooke told Meissner. the U.S. military headquarters in Vietnam. college in Ireland. Meissner, the assistant Commerce sec- Moose was then a staff member of the For- The goals and the purpose of the Wisconsin retary for international economic policy, eign Relations Committee, and Meissner was Union as a unifying force in a diverse com- was one of the best of that unsung yet indis- an Army Intelligence officer. Meissner munity were not just words to Chuck. He be- pensable Washington class: the people who helped brief the visiting Capitol Hill aides lieved in the worth of student volunteer ac- tell other people what to say before the and impressed Moose right away. ‘‘He found tivities. He never wavered from the view meeting. While he was a distinguished inter- a way not to go along with the convention of that the Union’s primary mission was to pro- national negotiator in his own right, misleading congressional delegations,’’ vide opportunities for volunteering and to Meissner was fulfilling a key behind-the- Moose said. Later, when Meissner went to help students develop the skills that would scenes role for Brown when he was killed in the Foreign Relations Committee, the two make them effective volunteers and contrib- the April 3 plane crash that took the lives of became partners, taking numerous trips to- utors to their communities—to become per- the Commerce Secretary and more than 30 gether to Vietnam and Cambodia. ‘‘It was sons who were concerned not just with get- other Americans. like a traveling seminar in macro- ting something out of life but with putting Those who knew Meissner say the 55-year- economics,’’ Moose said. ‘‘He was terribly something into life. Chuck had great faith in old international economics expert showed good at taking his knowledge of economic students. He believed there was little they by example what it means to live a life of theory and applying it to very practical could not accomplish if given the oppor- public service. ‘‘He was a civil servant in the kinds of situations.’’ tunity. His constant question was, ‘‘What is best tradition of the European civil service, Maynes said Meissner had a rare under- the student role in this program or this func- where it carries much more prestige,’’ said standing of the real-world intersection of tion?’’ Jeffrey E. Garten, former Commerce under- politics and economics. ‘‘He was an out- To those of us who worked with Chuck at secretary for international trade and now standing economist and a devoted public the Union, it was no surprise that his last ef- dean of the Yale School of Management. servant,’’ Maynes said. ‘‘But the most nota- fort would be leading a group of volunteer ‘‘When I was nominated to go to the Com- ble thing about him was that he was an ex- business leaders to Bosnia. Again, he had merce Department, he was about the first cellent negotiator.’’ He observed that persuaded others to apply their skills and person I went to, to see if he would come Meissner’s negotiating skills were ‘‘so ex- talents to doing a job that needed to be done. with me.’’ traordinary’’ he was asked to stay at State The scope of the job was mammoth: begin- With the new Clinton Administration in the Reagan Administration even though ning the healing of the unimaginable wounds eager to give the Commerce Department an he was a Democrat. of a civil war and the rebuilding and revital- active role in combining commercial and for- Other testimonials to Meissner’s qualities izing of an entire society. But Chuck had eign policy, Meissner’s extensive background abound. W. Bowman Cutter, former deputy seen that there was a role to be played by in government and in international banking director of the National Economic Council, volunteers who were willing to put their was tailor-made for the department’s mis- said Meissner’s high-level experience in gov- unique talents and resources to work to help sion. ‘‘Chuck had the ideal profile in that he ernment and business made his judgment their larger community. As he had done had worked in the State Department but he ‘‘something you could really rely on.’’ throughout his life, he was putting into prac- had all this private-sector experience,’’ Messiner ‘‘obviously loved his work, and he tice the Union ideal that the foundation of Garten said. ‘‘Most importantly, he knew was good at it,’’ said former Senate Majority democracy is the individual efforts of citi- how to deal with the bureaucracy—and in Leader George J. Mitchell, D-Maine, who S5562 CONGRESSIONAL RECORD — SENATE May 23, 1996 worked side by side with Meissner in the for assignment as the Superintendent promotion of 19 officers in the Navy to U.S. effort to promote economic develop- of the U.S. Military Academy. Mr. the grade of rear admiral. ment in Northern Ireland and called him ‘‘a President, these are not all of the 35 Each appointment and promotion list good friend.’’ has been considered by the Armed In the end, another friend said, Meissner senior military officers currently under stood out for his love of substance. ‘‘The an anonymous hold, but they represent Services Committee and the committee higher you go in government, the more you a sample of the effect of this hold. has favorably reported each nomina- come in touch with sharks or political ani- Why would a Senator deny the Chair- tion to the Senate recommending con- mals who really aren’t interested in policy man of the Joint Chief of Staff his key firmation. Some of these nominations but who want to do favors for people on the assistant, the person who travels with were reported to the Senate on May 2; Hill, or do what looks good in tomorrow’s the Secretary of State representing the others on May 14. Although some of press stories,’’ said Ellen L. Frost, a former Chairman in critical foreign policy dis- these nominations have been pending trade official now with the Institute for cussions? Why would a Senator hold an for 3 weeks, the Senate is not acting on International Economics in Washington. them because they have been put on ‘‘And Chuck was never one of those. He cared officer selected for assignment as the about sound policy.’’ plans and operations officer for the en- hold by one Senator. I want to be clear here that I do not f tire U.S. Air Force. We all understand the global commitments of the Air object to the long-standing Senate HOLDS AGAINST MILITARY Force. Why would a Senator deny the practice that permits a Senator to hold NOMINATIONS chief of staff of the Air Force the abil- a nomination when there is a problem Mr. THURMOND. Mr. President, be- ity to fill this very critical billet? Why with a nomination. Even this should fore we recess to honor all veterans as would a Senator deny our U.S. Forces only be done when there is sufficient we observe Memorial Day, I would like in Japan a commander or the cadets of cause. This is certainly not what is to bring a situation, which I find ex- the U.S. Military Academy their Su- happening here. tremely egregious, to the attention of perintendent? Is there any political I strongly object to the tactic of put- my colleagues. agenda so worthy as to merit such acting a hold on military nominations in Today there are 25 military nomination? I think not. order to gain leverage on an issue that tions pending before the Senate. These Mr. President, I abhor this tactic of is totally unrelated to either the nomi- general and flag officers have been on holding military nominations hostage. nees themselves or the positions for the Executive Calendar and available I assure my colleagues this is not the which they have been nominated. This is the announced purpose of the Sen- for confirmation by the Senate since way to force me or Senator NUNN to ca- Thursday May 2, 1996. Now, 3 weeks pitulate on a political issue. I strongly ator’s hold. The Senate has had a strong tradi- later, they are still not confirmed be- believe also that the Department of De- tion of not involving our military cause one Senator has placed a hold on fense should not make concessions nominees in the politics of the Nation these nominations. while military nominees are held. We or in the politics of the Senate. That I do not like anonymous holds for cannot allow military nominations to tradition is being ignored here and I any reason. I can understand a Senator become bargaining chips in political holding a political civilian nominee think it is wrong. disagreements, for local defense con- There may be some that say that the until a meeting can occur or an agree- tracts or approval of military construc- holding up the nominations of men and ment can be reached on an issue relat- tion projects. Military personnel are women in uniform is an appropriate ed to the civilian nominee’s duties. In selected for promotion and nominated way of getting the attention of the De- these cases the civilian nominee and by the President based on their per- partment of Defense. In my judgment, the agency would clearly understand formance and potential for greater it is inappropriate and I would rec- who is holding the nomination and the service. These are merit based actions ommend the Pentagon leadership not circumstances under which they may not political decisions. As chairman of react to this type of blackmail be- reach accommodation. In my view, this the Armed Services Committee, I will cause, once they do, all military nomi- type of hold is within the bounds of do everything possible to keep politics nations would be at risk. Senatorial privilege. out of the military promotion process. And anyone that thinks it is appro- Traditionally, military nominations I urge the Senator who has placed a priate to use military servicemembers have not been the subject of political hold on the military nominations to re- as a bargaining chip for whatever rea- holds. In the past, we have seen mili- lease them and permit the Senate to son does a tremendous disservice to tary nominations held for as long as a confirm these key military leaders so those brave men and women who vol- year. However, in these cases, the hold they can continue to serve their coun- unteer to serve our Nation in uniform was not anonymous and the hold was try and perform the business of na- and it does a tremendous disservce to imposed until an investigation of the tional security. this institution. activities of the nominee could be com- Mr. NUNN. Mr. President, I would How do you tell a patriot who has pleted to the Senator’s satisfaction. like to take a moment today to discuss served almost half his or her life in The 25 general and flag officers being the current hold that has been placed uniform, frequently in harms way, that held today are hostages, I believe, to a on military nominations that are pend- they are not being confirmed for pro- political debate which is totally unre- ing on the Senate Calendar. motion because a United States Sen- lated to the qualifications or assign- There are today 25 military nomina- ator wants to get the attention of ments of the nominees. tions pending before the Senate. These someone in the administration? Let me review for my colleagues a are nominations for promotion or ap- We are talking here about people few of the nominations which are being pointment of men and women to the nominated to hold the positions of the held. In the Air Force, Lt. Gen. Rich- flag and general officer grades in each highest responsibility in our military ard Myers has been nominated for re- of the military departments. These are services at a time when that military appointment to lieutenant general and people who have each performed in the is committed in harms way around the for assignment as the assistant to the service of our country with great dis- globe. Chairman of the Joint Chiefs of Staff; tinction for over 20 years. They are in- Additionally, the unnecessary delay Air Force Lt. Gen. John Jumper has dividuals who will continue to serve at of military nominations has some very been nominated for reappointment to the highest leadership levels in our real consequences for the individuals lieutenant general and for assignment military. and their families that I want to men- as Deputy Chief of Staff for Plans and Some examples of the kinds of nomi- tion. Operations for the Air Force; Lt. Gen. nations that are pending include the The spring and early summer months Ralph Eberhart has been nominated for appointment of the next Commander of are traditionally the periods of the reappointment to lieutenant general U.S. Air Forces in Japan; the appoint- highest turnover for military person- and for assignment as Commander, ment of the next Commander of U.S. nel. Every effort is made to effect U.S. Forces, Japan; Lt. Gen. Daniel Central Command Air Forces; the ap- transfers during the summer months in Christman has been nominated for re- pointment of the next Superintendent order to cause as little disruption to appointment to lieutenant general and of the U.S. Military Academy; and the families during the school year. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5563 The reassignment of a senior mili- zation rates and child nutrition need children should be protected from a tary officer upon Senate confirmation improvement. host of childhood illnesses, from diph- is often the lynchpin of a series of re- Across our Nation, over 10 million theria and tetanus, and from polio to assignments that moves like a children are uninsured. One in four measles, mumps, and rubella. We also ‘‘daiseychain’’ down through the ranks. children are covered by Medicaid— know people are busy, and need re- Accompanying one 3-star appoint- more than half in working families. minders, access to affordable vaccines, ment can be a series of nine or ten And, nearly 200,000 babies were born in and lots of information. This program other moves. So, unnecessarily delay- 1993 who had no prenatal care, or none is a good start. ing confirmation has a tremendous ef- until the last 3 months of pregnancy, There is also a dental health pro- fect on a number of officers—and their despite the fact that we know that motion effort underway in my State. In families—far removed from the nomi- averting one low birth-weight baby can the past, many dentists’ advice to par- nee. These families have to plan their prevent as much as $37,000 in initial ents has been to bring children in for moves, their travel and leave time. hospital and doctor fees. their first visit about the time they They can not move until the individual Internationally, among industri- start school, at age 4 or 5. The problem at the top moves. And the individuals alized countries, America ranks 16th in is that many children show up to their at the top can not move until they are the living standards of our poorest first dental visit with decay, gum prob- confirmed. One reason for this is that children, 18th in the gap between rich lems—in many cases so serious that the Senate does not want nominees to and poor children, and 18th in infant they require dental surgery—because of take any actions that presume the out- mortality. preventable causes. come of the confirmation process. Certainly, we all can do better for The Access to Baby and Child Den- Additionally, it is important to note our children’s well-being. We know it, tistry [ABDC] program in Spokane, that some of the military nominees and the American people know it. WA, reaches out to families with young pending before the Senate could be pro- When I hear from people in Washing- children and encourages early dental moted immediately if they were con- ton State on the topic of children’s visits. ABDC dentists remind them to firmed. Therefore, holding up their health, I hear common themes. People do things like remove baby bottles at confirmation is actually taking money from Vancouver to Yakima to Spokane the proper age, and not give babies soft out of the pockets of these officers. to Tacoma worry about kids not hav- drinks or candy bars. In addition, den- Surely, we do not want to require a ing access to basic health care. They tists, apply fluoride varnishes and military officer to pay literally for a talk about children going to emergency other treatments to baby teeth, and do political disagreement in which he or rooms with preventable illnesses and other clinical procedures to decrease a she has no part. injuries. Parents talk about feeling baby’s chances of developing dental If a Senator need to get someone’s like they need more and better infor- problems. attention; if one Senate committee mation to make decisions affecting These measum save all of us money needs to work out some difference with their child’s health. in the long run. another Senate committee; if someone In response to those concerns, you Sometimes bringing awareness to a needs to gain support for a legislative will continue to see me working in problem is not enough. I mentioned proposal; there are ways to do this three different areas to improve and that we need to preserve national without placing the military service protect children’s health and well- standards for children’s health. This members in the middle and adversely being: must happen at the national level. affecting them and their families. First, keep effective national stand- This Friday, tomorrow, the National Each day we ask these men and ards for health care in place for all Highway Traffic Safety Commission women to make tremendous sacrifices children, including those with special and Prevention magazine will release for our Nation. Sacrifices that no one needs. Prevention’s 1996 report on auto safety in any other walk of life is asked to Second, make prevention the center- in America. I hope we all pay attention make. These men and women have piece of our national children’s health to their findings. Last year, the report earned the promotions and appoint- policy. included information on child safety ments for which they have been nomi- Third, increase access to information helmets. This year, their report will nated. We do them a disservice when for families to make the best decisions focus on the things we can do to make the confirmation process is used as a possible for their children. automobile travel safer. tactic to gain advantage in the Senate There are several ways to do more for Effective national standards for chil- or in other circles. children, and not all of them are dif- dren’s health do not have to be some Mr. President. I ask my colleagues to ficult. One way to help kids is simply scientific formula. Sometimes it’s as understand the effect that holding to draw attention to the people, pro- easy as retaining a Federal speed limit, military nominations has on the men grams, and services that are working or Federal safety regulations. We know and women caught in the middle and to and doing a good job for children that the 55-mile-per-hour speed limit refrain using military nominations as today. has saved countless children’s lives. We hostages. I would hope that the Sen- In my home State of Washington, for know that the automobile industry has ator will release his hold so these example, we are helping children to be made great strides to improve auto- nominees can be confirmed prior to the more healthy in a variety of ways. mobile safety. We know air bags im- Memorial Day recess. In Ellensburg and in Coupeville, prove safety, and that cellular tele- f through a program now running in four phone use probably decreases it. counties that I hope one day goes When it comes to the basic safety of CHILDREN’S HEALTH: WHAT statewide, parents of young children our children, it should not depend on WORKS? get two important services that help which line on a map they just crossed Mrs. MURRAY. Mr. President, as them make the best decisions for their on their family vacation. part of my ongoing commitment to children. As a final note, I want to remind you children, I have come to the floor First, any parent of a child between all that on June 1, the Children’s De- today to draw attention to my efforts birth and age 6 gets special mailings fense Fund will host Stand for Chil- to improve the health of American and health information sent to their dren, an event in Washington, DC, that children and young people. home, including information on well- will bring Americans together, to show It is clear that many people work baby checkups, immunizations, safety, their shared commitment to children. hard every day for the well-being of and normal patterns of growth and de- We spend so much time talking about children in this country. However, we velopment. All at no cost to the par- our differences of opinion. We need to all can do—and need to do—so much ents, and all for a total cost of about respect our opposing view, but get be- more. Children’s health in my home $10 per child. yond them to common ground and State of Washington is better overall, Second, parents get reminders and common sense action for children. including lower infant mortality and assistance to get the many immuniza- I encourage all Americans who can better prenatal care. However, immuni- tions their child will need. We know attend this event to do so. It will be a S5564 CONGRESSIONAL RECORD — SENATE May 23, 1996 day to rally around our children, and THE RETIREMENT OF CUM- dence,’’ he has served as a commis- show them how important they are to BERLAND LAW SCHOOL DEAN sioner of the law enforcement assist- us all. This will be a day of fun family PARHAM H. WILLIAMS, JR. ance commission and the national con- activies, and togetherness, and of the Mr. HEFLIN. Mr. President, the long- ference of commissioners of uniform power of individual action. time dean of Cumberland Law School State laws. He was chairman of the I have heard from many people of Samford University, Dr. Parham H. Governor’s blue ribbon committee on around the country who cannot attend Williams, Jr., will retire on June 1, corrections; the Governor’s task force the event. I encourage you to support 1996. When he leaves his position at the on tort reform; and the Mississippi Su- those at the Lincoln Memorial in your Birmingham, AL, law school, he will preme Court advisory committee on thoughts and prayers, I encourage have served a total of 25 years as a law rules. every American to do at least one school dean, 14 at the University of As Dean Parham H. Williams, Jr., re- thing to make a difference in the life of Mississippi and 11 at Cumberland. His tires, he will be remembered for bring- a child, and June 1 would be a great tenure as a dean is such that his title ing the Cumberland Law School into place to start. If anyone wants more has virtually become a part of his the life of Birmingham and in Alabama information on the Stand for Children name. Even his grandchildren call him more than ever before. His polished, event they can call 1–800–233–1200. ‘‘Dean.’’ Southern, and unfailingly pleasant Anyone who is listening can make it Dean Williams is widely known for manner have guided his actions and easier for one child to get appropriate his involvement in the legal commu- helped create an image of civility and health care. Offer to provide child care nity and his outstanding performance learning. I am proud to congratulate or a ride to the clinic, so someone’s as an academician. He has strength- him for the impeccable job he has done child can go to a medical check-up or ened Cumberland’s program by recruit- and for the outstanding legacy he get immunized. ing a superb faculty which has added a leaves behind. We all can help prevent health prob- diversity of talents and ideas. He f lems to avoid bigger costs later on. oversaw the revitalization of the fac- Anyone listing can volunteer to dis- ulty through the development and im- MESSAGES FROM THE PRESIDENT tribute information on health plementation of sabbatical, promotion, Messages from the President of the screenings, immunizations, or blood tenure, and governance policies and United States were communicated to drives. Lead a safety committees or fit- procedures. the Senate by Mr. Thomas, one of his ness day at the local park, school, or The size of its entering class was de- secretaries. community center. Help to find or creased by 15 percent at a time when EXECUTIVE MESSAGES REFERRED build affordable housing in your area. the number of applications increased As in executive session the Presiding You can stay educated and prepared over 200 percent. As a result, the aver- Officer laid before the Senate messages about children’s health. Read about age admissions criteria have been from the President of the United childhood illnesses. Make a personal raised to new heights. The academic States submitting sundry nominations medical history for each member of excellence of the law school has also which were referred to the appropriate your family, so you can be ready in the been enhanced through initiatives such committees. case of illness or trauma. as increased alumni involvement; the (The nominations received today are Nothing is more vital to a child than implementation of a broad continuing printed at the end of the Senate pro- her basic health. A child must be legal education program; the improve- ceedings.) healthy to learn well. She must be edu- ment of the advocacy program; the ex- f cated to participate and contribute to pansion of foreign study opportunities; our society. But we must start with the development of joint degree pro- REPORT OF PROPOSED LEGISLA- making sure we do everything we can grams; the inauguration of the master TION ENTITLED ‘‘THE RETIRE- for her basic well-being. of comparative law degree; and the MENT SAVINGS AND SECURITY You will see me doing my best for the internationalization of the law school ACT’’—MESSAGE FROM THE health of our children. Please join me by visiting faculty and foreign stu- PRESIDENT—PM 150 in this critical effort. dents. The PRESIDING OFFICER laid be- f Since taking over as dean on July 1, fore the Senate the following message 1985, Dean Williams has helped secure a FOREIGN OIL CONSUMED BY THE from the President of the United bright future for the law school by UNITED STATES? HERE’S THE States, together with an accompanying overseeing the largest funds develop- WEEKLY BOX SCORE report; which was referred to the Com- ment effort in its history. The endow- mittee on Finance. Mr. HELMS. Mr. President, the ment has increased from less than $1 American Petroleum Institute reports million to over $4.2 million, resulting To the Congress of the United States: that for the week ending May 17, the in 2 endowed chairs, 25 endowed schol- I am pleased to transmit today for United States imported 7,782,000 barrels arships, 8 annually-funded scholar- the consideration of the Congress the of oil each day, 256,000 barrels less than ships, and 6 special funds endowing lec- ‘‘Retirement Savings and Security the 8,038,000 barrels imported during tures and other programs. The stature, Act.’’ This legislation is designed to the same week a year ago. beauty, and utility of the law school empower all Americans to save for Americans relied on foreign oil for have been enriched by the construction their retirement by expanding pension 54.9 percent of their needs last week, of the Lucille Stewart Beeson Law Li- coverage, increasing portability, and and there are no signs that this upward brary. enhancing security. By using both em- spiral will abate. Before the Persian Dean Williams earned both his bach- ployer and individual tax-advantaged Gulf war, the United States obtained elor of arts and law degrees at the Uni- retirement savings programs, Ameri- about 45 percent of its oil supply from versity of Mississippi, in 1953 and 1954, cans can benefit from the opportunities foreign countries. During the Arab oil respectively. In 1965, he received his of our changing economy while assur- embargo in the 1970’s, foreign oil ac- LL.M. degree from Yale University. Be- ing themselves and their families counted for only 35 percent of Ameri- fore coming to Cumberland, the alma greater security for the future. A gen- ca’s oil supply. mater of both his parents—class of eral explanation of the Act accom- Anybody else interested in restoring 1925—he served as a district attorney in panies this transmittal. domestic production of oil—by U.S. his native Mississippi and as an associ- Today, over 58 million American pub- producers using American workers? ate professor, professor, associate dean, lic and private sector workers are cov- Politicians had better ponder the eco- and dean at the University of Mis- ered by employer-sponsored pension or nomic calamity certain to occur in sissippi School of Law. His academic retirement savings plans. Millions America if and when foreign producers specialties are evidence, criminal pro- more have been able to save through shut off our oil supply—or double the cedure, criminal law, and professional Individual Retirement Accounts already enormous cost of imported oil responsibility. (IRAs). The Retirement Savings and flowing into the United States—now The author of 9 law review articles Security Act would help expand pen- 7,782,000 barrels a day. and co-author of ‘‘Mississippi Evi- sions to the over 51 million American May 23, 1996 CONGRESSIONAL RECORD — SENATE S5565 private-sector workers—including over —Enhance pension security by pro- The enrolled bill was signed subse- three-quarters of the workers in small tecting the savings of millions of quently by the President pro tempore businesses—who are not covered by an State and local workers from their [Mr. THURMOND]. employer-sponsored pension or retire- employer’s bankruptcy, as hap- The message further announced that ment savings program and need both pened in Orange County, California. pursuant to section 637(b) of Public the opportunity and encouragement to The Act would (1) require prompt Law 104–52 as amended by section 2904 start saving. Women particularly need reporting by plan administrators of Public Law 104–134, the Speaker ap- this expanded coverage: fewer than and accountants of any serious and points the following Members on the one-third of all women retirees who are egregious misuse of funds; (2) dou- part of the House to the National Com- 55 or older receive pension benefits, ble the guaranteed benefit for par- mission on Restructuring the Internal compared with 55 percent of male retir- ticipants in multiemployer plans in Revenue Service: Mr. PORTMAN of Ohio ees. the unlikely event such a plan be- and Mr. MATSUI of California; and as The Act would also help the many comes insolvent; and (3) enhance members from private life: Mr. Ernest workers who participate in pension benefits of a surviving spouse and Dronenberg of California, Mr. Gerry plans to continue to save when they dependents under the Civil Service Harkins of Georgia, Mr. Grover change jobs. It would reassure all Retirement System and the Rail- Norquist of the District of Columbia, workers who save through employer- road Retirement System. and Mr. George Newstrom of Virginia. sponsored plans that the money they —Ensure that pension raiding, such have saved, as well as that put aside by as that which drained $20 billion At 4:59 p.m., a message from the employers on their behalf, will be there out of retirement funds in the 1980s, House of Representatives, delivered by when they need it. never happens again—by retaining Mr. Hayes, one of its reading clerks, The Retirement Savings and Secu- the strong current laws preventing announced that the House has agreed rity Act would: such abuses and by requiring peri- to the following concurrent resolution: —Establish a simple new small busi- odic reports on reversions by the S. Con. Res. 60. Concurrent resolution pro- ness 401(k)-type plan—the National Secretary of Labor. viding for a conditional adjournment or re- Employee Savings Trust (NEST)— Many of the provisions of the Retire- cess of the Senate and the House of Rep- and simplify complex pension laws. ment Savings and Security Act are resentatives. The NEST is specifically designed new. In particular, provisions facilitat- f to ensure participation by low- and ing saving from the first day on the MEASURE REFERRED moderate-wage workers, who will job, in both the private sector and the be able to save up to $5,000 per year Federal Government; the doubling of The following bill was read the first tax-deferred, plus receive employer the multi-employer guarantee; and im- and second times by unanimous con- contributions toward retirement. proving benefits for surviving spouses sent and referred as indicated: The Act would encourage employ- and dependents of participants in the H.R. 3068. An act to accept the request of ers of all sizes to cover employees Civil Service Retirement System and the Prairie Island Indian Community to re- under retirement plans, and it voke their charter of incorporation issued the Railroad Retirement System de- under the Indian Reorganization Act; to the would enable employers to put serve special consideration by the Con- more money into benefits and less Committee on Indian Affairs. gress. In addition, many of the provi- f into paying lawyers, accountants, sions and concepts in this Act have consultants, and actuaries. been previously proposed by this Ad- MEASURE PLACED ON THE —Increase the ability of workers to ministration and have broad bipartisan CALENDAR save for retirement from their first support. day on the job by removing barriers The following measure was read the American workers deserve pension first and second times by unanimous to pension portability. In particu- security—as well as a decent wage, life- lar, employers would be encouraged consent and placed on the calendar: long access to high quality education H.R. 3259. An act to authorize appropria- no longer to require a 1-year wait and training, and health security—to before employees can contribute to tions for fiscal year 1997 for intelligence and take advantage of the opportunities of intelligence-related activities of the United their pension plans. The Federal our growing economy. States Government, and the Central Intel- Government would set the example I urge the prompt and favorable con- ligence Agency Retirement and Disability for other employers by allowing its sideration of this legislative proposal System, and for other purposes. new employees to begin saving by the Congress. f through the Thrift Savings Plan WILLIAM J. CLINTON. EXECUTIVE AND OTHER when they are hired, rather than THE WHITE HOUSE, May 23, 1996. COMMUNICATIONS having to wait up to a year. In ad- f dition, the Act would reduce from The following communications were 10 to 5 years the time those partici- MESSAGES FROM THE HOUSE laid before the Senate, together with pating in multiemployer plans— At 12:19 p.m., a message from the accompanying papers, reports, and doc- union plans where workers move House of Representatives, delivered by uments, which were referred as indi- from job to job—must work to re- Mr. Hays, one of its reading clerks, an- cated: ceive vested benefits. It would also nounced that the House has passed the EC–2704. A communication from the Gen- help ensure that returning veterans following bills, in which it requests the eral Counsel of the Department of Transpor- retain pension benefits and that concurrence of the Senate: tation, transmitting, pursuant to law, the re- workers receive their retirement H.R. 3068. An act to accept the request of port of a final rule concerning the amend- savings even when a previous em- the Prairie Island Indian Community to re- ment to Class D and E2 Airspace and estab- ployer is no longer in existence. voke their charter of incorporation issued lishment of Class E4 Airspace (RIN 2120– —Expand eligibility for tax-deduct- under the Indian Reorganization Act. AA66), received on May 13, 1996; to the Com- mittee on Commerce, Science, and Transpor- ible IRAs to 20 million more fami- H.R. 3259. An act to authorize appropriations for fiscal year 1997 for intelligence and tation. lies. In addition, the Act would en- intelligence-related activities of the United EC–2705. A communication from the Gen- courage savings by making the use States Government, and the Central Intel- eral Counsel of the Department of Transpor- of IRAs more flexible by allowing ligence Agency Retirement and Disability tation, transmitting, pursuant to law, the re- penalty-free withdrawals for edu- System, and for other purposes. port of a final rule concerning the establish- cation and training, purchase of a ENROLLED BILL SIGNED ment of Class E Airspace at San Andreas, CA (RIN 2120–AA66), received on May 13, 1996; to first home, catastrophic medical The message also announced that the expenses, and long-term unemploy- the Committee on Commerce, Science, and Speaker has signed the following en- Transportation. ment. It would also provide an ad- rolled bill: EC–2706. A communication from the Direc- ditional IRA option that provides H.R. 1965. An act to reauthorize the Coast- tor of the Federal Bureau of Prisons, Depart- tax-free distributions instead of al Zone Management Act of 1972, and for ment of Justice, transmitting, pursuant to tax-deductible contributions. other purposes. law, the report of an interim rule concerning S5566 CONGRESSIONAL RECORD — SENATE May 23, 1996 the amendments of the Bureau of Prisons posed legislation to reduce the Government’s EC–2727. A communication from the Direc- regulations on institutional management relocation and travel costs, and to ease ad- tor of the Federal Bureau of Prisons, Depart- with respect to special administrative meas- ministrative burdens while providing equi- ment of Justice, transmitting, pursuant to ures that may be necessary to prevent acts table reimbursement to employees, received law, the report of an interim rule concerning of violence and terrorism that may be caused on May 9, 1996; to the Committee on Govern- the adoption of regulations on the operation by contacts with certain inmates (RIN 1120– mental Affairs. of the Intensive Confinement Center Pro- AA54), received on May 16, 1996; to the Com- EC–2717. A communication from the Chair- gram (RIN 1120–AA11), received on May 13, mittee on Judiciary. man of the Federal Housing Finance Board, 1996; to the Committee on Judiciary. EC–2707. A communication from the Direc- transmitting, pursuant to law, the report on f tor of the Federal Bureau of Prisons, Depart- the Board’s internal controls and financial ment of Justice, transmitting, pursuant to management systems in effect during the REPORTS OF COMMITTEES law, the report of an interim rule concerning calendar year 1995; to the Committee on Gov- The following reports of committees the further amending of an interim rule on ernmental Affairs. were submitted: Drug Abuse Treatment Programs which al- EC–2718. A communication from the Chair- lows for consideration of early release of eli- man of the Federal Housing Finance Board, By Mr. PRESSLER, from the Committee gible inmates who complete a residential transmitting, pursuant to law, the report on Commerce, Science, and Transportation, drug abuse treatment program, including a concerning the activities and findings of the with an amendment in the nature of a sub- transitional treatment phase (RIN 1120– Office of the Inspector General, received on stitute: AA36), received on May 16, 1996; to the Com- May 6, 1996; to the Committee on Govern- S. 39. A bill to amend the Magnuson Fish- mittee on Judiciary. mental Affairs. ery Conservation and Management Act to EC–2708. A communication from the Dep- EC–2719. A communication from the Direc- authorize appropriations, to provide for sus- uty Associate Administrator for Acquisition tor of the Office of Personnel Management, tainable fisheries, and for other purposes Policy, General Services Administration, transmitting, pursuant to law, the report of (Rept. No. 104–276). transmitting, pursuant to law, the report of a final rule relative to issuing final regula- By Mr. STEVENS, from the Committee on an interim rule concerning the amendment tions on alternative forms of annuity (RIN Governmental Affairs, without amendment: of the General Services Administration Ac- 3206–AG16), received on May 9, 1996; to the H.R. 1880. A bill to designate the United quisition Regulation for Change 71, Acquisi- Committee on Governmental Affairs. States Post Office building located at 102 tion of Leasehold Interests in Real Property EC–2720. A communication from the Fed- South McLean, Lincoln, Illinois, as the ‘‘Ed- (RIN 3090–AF92), received on May 13, 1996; to eral Reserve Employee Benefits System, ward Madigan Post Office Building’’. the Committee on Governmental Affairs. transmitting, pursuant to law, the 1994 an- H.R. 2262. A bill to designate the United EC–2709. A communication from the Execu- nual report for the Thrift Plan for Employ- States Post Office building located at 218 tive Director of the Committee for Purchase ees of the Federal Reserve System, received North Alston Street in Foley, Alabama, as From People Who Are Blind or Severely Dis- on May 6, 1996; to the Committee on Govern- the ‘‘Holk Post Office Building.’’ abled, transmitting, pursuant to law, the re- mental Affairs. H.R. 2704. A bill to provide that the United port of a final rule concerning the action EC–2721. A communication from the Regu- States Post Office building that is to be lo- adding to the Procurement List services to latory Policy Official, National Archives cated on the 2600 block of East 75th Street in be furnished by nonprofit agencies employ- (College Park), transmitting, pursuant to Chicago, Illinois, shall be known and des- ing persons who are blind or have other se- law, the report of a final rule concerning the ignated as the ‘‘Charles A. Hayes Post Office vere disabilities, received on May 16, 1996; to revision regulations to require Federal agen- Building.’’ the Committee on Governmental Affairs. cies to reimburse NARA for storage of cer- By Mr. HATCH, from the Committee on EC–2710. A communication from the Presi- tain records maintained in Federal records the Judiciary, without amendment: dent and Chief Executive Officer, U.S. En- centers that have exceeded the authorized H.R. 2980. A bill to amend title 18, United richment Corporation, transmitting, pursu- disposal date (RIN 3095–AA65), received on States Code, with respect to stalking. ant to law, the report concerning the man- May 3, 1996; to the Committee on Govern- f agement controls and overall internal con- mental Affairs. trol framework being adequate and effective, EC–2722. A communication from the Execu- EXECUTIVE REPORTS OF received on May 21, 1996; to the Committee tive Director of the Committee for Purchase COMMITTEES From People Who Are Blind or Severely Dis- on Governmental Affairs. The following executive reports of EC–2711. A communication from the Chair- abled, transmitting, pursuant to law, the re- man of the Cost Accounting Standards port of a final rule concerning the addition committees were submitted: Board, Office of Management and Budget, to the Procurement List of a commodity and By Mr. HATCH, from the Committee on Executive Office of the President, transmit- services to be furnished by nonprofit agen- the Judiciary: ting, pursuant to law, the report concerning cies employing persons who are blind or have J. Rene Josey, of South Carolina, to be the Cost Accounting Standards Board, re- other severe disabilities, received on May 8, U.S. Attorney for the District of South Caro- ceived on May 21, 1996; to the Committee on 1996; to the Committee on Governmental Af- lina for the term of 4 years. Governmental Affairs. fairs. (The above nomination was reported EC–2723. A communication from the Dep- EC–2712. A communication from the Chair- with the recommendation that he be woman of the National Mediation Board, uty Director of the Office of Personnel Man- transmitting, pursuant to law, the report agement, transmitting, pursuant to law, the confirmed.) concerning the agency’s accounting systems report of a final rule relative to changing f being in conformance with the principles, survey responsibilities for several appro- INTRODUCTION OF BILLS AND standards, and related requirements pre- priated fund Federal Wage System wage scribed by the Comptroller General, received areas in recognition of shifting employment JOINT RESOLUTIONS on May 16, 1996; to the Committee on Gov- patterns among agencies and the need for The following bills and joint resolu- ernmental Affairs. lead agencies to balance their wage survey tions were introduced, read the first EC–2713. A communication from the Audi- workloads throughout the 2-year survey and second time by unanimous con- tor of the District of Columbia, transmit- cycle (RIN 3206–AH28), received on May 6, sent, and referred as indicated: ting, pursuant to law, the report entitled 1996; to the Committee on Governmental Af- ‘‘Fiscal Year 1995 Annual Report on Advisory fairs. By Mr. BAUCUS: Neighborhood Commissions,’’ received on EC–2724. A communication from the Direc- S. 1796. A bill to amend the Tariff Act of May 16, 1996; to the Committee on Govern- tor of Personnel Management, transmitting, 1930 to permit merchandise purchased in a mental Affairs. pursuant to law, the report of an interim duty-free sales enterprise to be exempt from EC–2714. A communication from the Chair- rule concerning Federal employee training duty under certain circumstances; to the man of the Federal Mine Safety and Health (RIN 3206–AF99), received on May 9, 1996; to Committee on Finance. Review Commission, transmitting, pursuant the Committee on Governmental Affairs. By Mr. LEVIN (for himself and Mr. to law, the report on its internal controls EC–2725. A communication from the Direc- ABRAHAM): and financial systems in effect during fiscal tor of the National Legislative Commission, S. 1797. A bill to revise the requirements year 1995; to the Committee on Govern- The American Legion, transmitting, pursu- for procurement of products of Federal Pris- mental Affairs. ant to law, the report on the Commission’s on Industries to meet needs of Federal agen- EC–2715. A communication from the Direc- internal controls and financial management cies, and for other purposes; to the Commit- tor of the Office of Personnel Management, systems in effect during calendar year 1995; tee on the Judiciary. transmitting, pursuant to law, the report en- to the Committee on Judiciary. By Mr. FEINGOLD: titled ‘‘Federal Employment Reduction As- EC–2726. A communication from the Chair- S. 1798. A bill to amend the Reclamation sistance Act of 1996,’’ received on May 9, 1996; man of the Farm Credit Administration, Reform Act of 1982 to clarify the acreage to the Committee on Governmental Affairs. transmitting, pursuant to law, the annual re- limitations and incorporate a means test for EC–2716. A communication from the Acting port of the Administration under the Free- certain farm operations, and for other pur- Administrator of the General Services Ad- dom of Information Act for calendar year poses; to the Committee on Agriculture, Nu- ministration, transmitting, a draft of pro- 1995; to the Committee on Judiciary. trition, and Forestry. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5567 By Ms. SNOWE (for herself, Ms. MIKUL- By Mr. GORTON (for himself and Mrs. SUBMISSION OF CONCURRENT AND SKI, Mrs. FEINSTEIN, Mrs. MURRAY, MURRAY): SENATE RESOLUTIONS Ms. MOSELEY-BRAUN, and Mr. S. 1810. A bill to expand the boundary of KERRY): the Snoqualmie National Forest, and for The following concurrent resolutions S. 1799. A bill to promote greater equity in other purposes; to the Committee on Energy and Senate resolutions were read, and the delivery of health care services to Amer- and Natural Resources. referred (or acted upon), as indicated: ican women through expanded research on By Mr. MACK (for himself, Mr. BRAD- By Mr. DOLE (for himself and Mr. women’s health issues and through improved LEY, Mr. ROTH, Mr. LAUTENBERG, and DASCHLE): access to health care services, including pre- Mr. BIDEN): S. Res. 256. A resolution to authorize the ventive health services; to the Committee on S. 1811. A bill to amend the Act entitled production of records by the Select Commit- Labor and Human Resources. ‘‘An Act authorizing Federal participation in tee on Intelligence; considered and agreed to. By Mr. D’AMATO (for himself, Mr. the cost of protecting the shores of publicly By Mr. LOTT: KERRY, Mrs. BOXER, Mr. BRYAN, Ms. owned property’’ to confirm and clarify the S. Con. Res. 60. A concurrent resolution MOSELEY-BRAUN, and Mrs. MURRAY): authority and responsibility of the Secretary providing for a conditional adjournment or S. 1800. A bill to amend the Electronic of the Army, acting through the Chief of En- recess of the Senate and the House of Rep- Fund Transfer Act to limit fees charged by gineers, to promote and carry out shore pro- resentatives; considered and agreed to. financial institutions for the use of auto- tection projects, including beach nourish- By Mr. DOLE: matic teller machines, and for other pur- ment projects, and for other purposes; to the S. Con. Res. 61. A concurrent resolution poses; to the Committee on Banking, Hous- Committee on Environment and Public commending the Americans who served the ing, and Urban Affairs. Works. United States during the period known as By Mr. MCCAIN: By Mr. GRAHAM: the Cold War; to the Committee on Armed S. 1801. A bill to amend title 49, United S. 1812. A bill to provide for the liquidation Services. States Code, to authorize appropriations for or replication of certain frozen concentrated By Mr. PRESSLER: the Federal Aviation Administration for fis- orange juice entries to correct an error that S. Con. Res. 62. A concurrent resolution ex- cal year 1997, to reform the Federal Aviation was made in connection with the original pressing the sense of the Congress that the Administration, and for other purposes; to liquidation; to the Committee on Finance. Secretary of the Navy should name the first the Committee on Commerce, Science, and By Mr. HELMS (for himself and Mr. of the fleet of the new attack submarines of Transportation. GRASSLEY): the Navy the ‘‘South Dakota.″; to the Com- By Mr. THOMAS (for himself and Mr. S. 1813. A bill to reform the coastwise, mittee on Armed Services. SIMPSON): intercoastal, and noncontiguous trade ship- S. 1802. A bill to direct the Secretary of the ping laws, and for other purposes; to the f Interior to convey certain property contain- Committee on Commerce, Science, and STATEMENTS ON INTRODUCED ing a fish and wildlife facility to the State of Transportation. Wyoming, and for other purposes; to the By Mr. GRAHAM (for himself and Mr. BILLS AND JOINT RESOLUTIONS Committee on Environment and Public MACK): By Mr. LEVIN (for himself and Works. S. 1814. A bill to provide for liquidation or Mr. ABRAHAM): By Mr. GRASSLEY: reliquidation of certain television sets to S. 1797. A bill to revise the require- S. 1803. A bill to provide relief to agricul- correct an error that was made in connection tural producers who grant easements to, or with the original liquidation; to the Commit- ments for procurement of products of owned or operated land condemned by, the tee on Finance. Federal Prison Industries to meet Secretary of the Army for flooding losses By Mr. GRAMM (for himself, Mr. needs of Federal agencies, and for other caused by water retention at the dam site at D’AMATO, Mr. DODD, Mr. BRYAN, and purposes; to the Committee on the Ju- Lake Redrock, Iowa, to the extent that the Ms. MOSELEY-BRAUN): diciary. S. 1815. A bill to provide for improved regu- actual losses exceed the estimate of the Sec- THE FEDERAL PRISON INDUSTRIES COMPETITION lation of the securities markets, eliminate retary, and for other purposes; to the Com- IN CONTRACTING ACT mittee on Agriculture, Nutrition, and For- excess securities fees, reduce the costs of in- estry. vesting, and for other purposes; to the Com- ∑ Mr. LEVIN. Mr. President, I am By Mr. MURKOWSKI (for himself, Mr. mittee on Banking, Housing, and Urban Af- pleased to introduce, with Senator JOHNSTON, and Mr. AKAKA): fairs. ABRAHAM, the Federal Prison Indus- S. 1804. A bill to make technical and other By Mr. BOND (for himself, Mr. COATS, tries Competition in Contracting Act. changes to the laws dealing with the Terri- Mr. ABRAHAM, Mr. GRAMM, Mr. This bill, if enacted, would eliminate tories and Freely Associated States of the ASHCROFT, Mr. CRAIG, Mr. the requirement for Federal agencies United States; to the Committee on Energy COVERDELL, Mr. GRASSLEY, Mr. to purchase products made by Federal and Natural Resources. GREGG, Mr. SANTORUM, Mr. Prison Industries and require that FPI By Mr. GRAMS: FAIRCLOTH, and Mr. NICKLES): S. 1805. A bill to provide for the manage- S. 1816. A bill to expedite waiver approval to compete commercially for Federal ment of Voyageurs National Park, and for for the ‘‘Wisconsin Works’’ plan, and for contracts. It would implement a key other purposes; to the Committee on Energy other purposes; to the Committee on Fi- recommendation of the Vice Presi- and Natural Resources. nance. dent’s National Performance Review, By Mr. D’AMATO (for himself, Mr. By Mr. GRASSLEY (for himself, Mr. which concluded that we should ‘‘Take DODD, and Mr. FRIST): HATCH, Mrs. KASSEBAUM, and Mr. away the Federal Prison Industries’ S. 1806. A bill to amend the Federal Food, BOND): Drug, and Cosmetic Act to clarify that any S. 1817. A bill to limit the authority of status as a mandatory source of Fed- dietary supplement that claims to produce Federal courts to fashion remedies that re- eral supplies and require it to compete euphoria, heightened awareness or similar quire local jurisdictions to assess, levy, or commercially for Federal agencies’ mental or psychological effects shall be collect taxes, and for other purposes; to the business.’’ Most importantly, it would treated as a drug under the Act, and for Committee on the Judiciary. ensure that the taxpayers get the best other purposes; to the Committee on Labor By Mr. DASCHLE (for himself, Mr. possible value for their Federal pro- and Human Resources. BRYAN, Mr. DODD, Mr. KENNEDY, Mr. curement dollars. By Mr. MURKOWSKI (for himself and LEAHY, Ms. MIKULSKI, Ms. MOSELEY- Mr. President, the Director of Fed- Mr. STEVENS): BRAUN, Mr. ROCKEFELLER, and Mr. S. 1807. A bill to amend the Alaska Native SIMON) (by request): eral Prison Industries, Mr. Steve Claims Settlement Act, regarding the Kake S. 1818. A bill to amend the Employee Re- Schwalb, told me earlier this year that Tribal Corporation public interest land ex- tirement Income Security Act of 1974 to pro- his agency is fully capable of compet- change; to the Committee on Energy and vide for retirement savings and security; to ing with private industry for Federal Natural Resources. the Committee on Labor and Human Re- contracts. Indeed, FPI would have a By Mr. MURKOWSKI (for himself and sources. significant advantage in any such Mr. JOHNSTON): S. 1819. A bill to amend the Railroad Re- S. 1808. A bill to amend the Act of October tirement Act of 1974 to provide for retire- head-to-head competition: FPI pays in- 15, 1966 (80 stat. 915), as amended, establishment savings and security; to the Committee mates only $1.35 an hour, less than a ing a program for the preservation of addi- on Labor and Human Resources. third of the minimum wage and a small tional historic property throughout the Na- S. 1820. A bill to amend title 5 of the Unit- fraction of the wage paid to most pri- tion, and for other purposes; to the Commit- ed States Code to provide for retirement sav- vate sector workers in competing in- tee on Energy and Natural Resources. ings and security; to the Committee on Gov- dustries. By Mr. MURKOWSKI: ernmental Affairs. S. 1809. A bill entitled the ‘‘Aleutian World S. 1821. A bill to amend the Internal Reve- The taxpayers already provide a di- War II National Historic Areas Act of 1996’’; nue Code of 1986 to provide for retirement rect subsidy Federal Prison Industries to the Committee on Energy and Natural Re- savings and security; to the Committee on products by picking up the cost of feed- sources. Finance. ing, clothing, and housing the inmates S5568 CONGRESSIONAL RECORD — SENATE May 23, 1996 who provide the labor. There is no rea- cials and participating in a summit ing, and it isn’t the right way for the son why we should provide an indirect process, sponsored by the Brookings In- taxpayer, who will continue to pay subsidy as well, by requiring Federal stitute, designed to develop alternative more and get less as a result of the agencies to purchase products from growth strategies for FPI. The summit mandatory preference for FPI goods. FPI even when they are more expensive process resulted in two suggested areas We need to have jobs for prisoners, but and of a lower quality than competing for growth: First, entering partner- can no longer afford to allow FPI to commercial items. ships with private sector companies to designate whose jobs it will take, and Despite Mr. Schwalb’s statement replace offshore labor; and second, en- when it will take them. Competition that Federal Prison Industries is capa- tering the recycling business in areas will be better for FPI, better for the ble of competing with the private sec- such as mattresses and electrical mo- taxpayer, and better for working men tor, FPI remains unwilling to do so. tors. and women around the country.∑ The reason is obvious: it is much easier In January 1994, I urged FPI to move Mr. ABRAHAM. Mr. President, I am to gain market share by fiat than it is quickly to implement these rec- very pleased to join with my distin- to compete for business. Under current ommendations and develop new mar- guished colleague from Michigan in law, FPI need not offer the best prod- kets. At that time, I wrote to Kathleen sponsoring this legislation. I think uct at the best price; it is sufficient for M. Hawk, the Director of the Bureau of that Federal Prison Industries plays an it to offer an adequate product at an Federal Prisons, as follows: extremely valuable role in giving pris- adequate price, and insist upon its As you know, I am supportive of FPI’s role oners something useful to do with their right to make the sale. Indeed, FPI in keeping inmates occupied and teaching time and helping them to develop the currently advertises that it offers Fed- them a work ethic and job skills. However, self-discipline and other virtues that eral agencies ‘‘ease in purchasing’’ FPI’s continued market share growth in the enable people outside of prison to lead through ‘‘a procurement with no bid- government furniture market has had an un- productive lives. I am convinced, how- ding necessary.’’ The result of the fair and disproportionate impact on that par- ever, that these same goals can be ac- FPI’s status as a mandatory source is ticular sector. In order to take pressure off complished within the parameters set of such traditional industries where FPI has not unlike the result of other sole- by this legislation. I also see no reason source contracting: the taxpayers fre- focused, FPI should cap its market share and diversify its activities away from these tra- why the law abiding owners of small quently pay too much and receive an businesses and the workers they em- inferior product for their money. ditional industries and into alternative growth strategies. ploy should be deprived of any oppor- Mr. President, I do not consider my- I am alarmed that FPI continues to in- tunity to bid for a class of government self to be an enemy of Federal Prison crease its share of government purchases of contracts in favor of FPI. Finally, I ap- Industries. I am a strong supporter of furniture. The 1991 Deloitte and Touche preciate Senator LEVIN’s acceptance of the idea of putting Federal inmates to study recommended that FPI limit its indus- work. I understand that a strong prison try market share to current levels in tradi- my suggestion to include section 2, work program not only reduces inmate tional industries. It would be a welcome sign which I believe provides useful encour- idleness and prison disruption, but can of goodwill in this ‘‘summit’’ process if FPI agement to FPI to try to concentrate also help build a work ethic, provide were to cap its market share in the furniture its expansion efforts in the direction of job skills, and enable prisoners to re- industry while aggressively pursuing accept- goods that the Government presently turn to product society upon their re- able alternative growth strategies. acquires by importing them. lease. Unfortunately, Federal Prison Indus- By Mr. FEINGOLD: However, I believe that prison work tries has chosen to take the exact op- S. 1798. A bill to amend the Reclama- must be conducted in a manner that is posite course of action. Earlier this tion Reform Act of 1982 to clarify the sensitive to the need not to unfairly year, FPI acted unilaterally to vir- acreage limitations and incorporate a eliminate the jobs of hard-working tually double its furniture sales from means test for certain farm operations, citizens who have not committed $70 million to $130 million and from 15 and for other purposes; to the Commit- crimes. FPI will be able to achieve this percent of the Federal market to 25 tee on Agriculture, Nutrition, and For- result only if it diversifies its product percent of the Federal market, over the estry. lines and avoids the temptation to next 5 years. In direct contravention of THE IRRIGATION SUBSIDY REDUCTION ACT OF 1996 build its work force by continuing to the Deloitte & Touche recommenda- Mr. FEINGOLD. Mr. President, I am displace private sector jobs in its traditions, FPI has announced its intention introducing today a new measure to tional lines of work. For this reason, I to undertake similar market share in- curb the receipt of Federal irrigation have been working since 1990 to try to creases in other traditional product subsidies by large agribusiness inter- help Federal Prison Industries to iden- lines, such as work clothing and pro- ests. I am introducing legislation in tify new markets that it can expand tective clothing. this area as a deficit reduction measure into without displacing private sector In defense of this action FPI con- because I believe that the Federal Gov- jobs. I had hoped. tends that it will not place an undue ernment needs to scrutinize carefully In 1990, the House Appropriations burden on the private sector because all forms of assistance it provides in Committee requested a study to iden- most firms within the industry are not these times of fiscal constraint. I am tify new opportunities for FPI to meet heavily involved in the Federal mar- also prompted to act in this area, Mr. its growth requirements, assess FPI’s ket. President, because the Federal Govern- impact on private sector businesses Mr. President, Federal Prison Indus- ment has been unable to correct fun- and labor, and evaluate the need for tries cannot have it both ways. If they damental abuses of reclamation law changes to FPI’s laws and mandates. are providing a substantial number of that cost the taxpayer millions of dol- That study, conducted by Deloitte & jobs to inmates, then they must be dis- lars every year. Touche, concluded that FPI should placing a substantial number of jobs in In 1901, President Theodore Roosevelt meet its growth needs by using new ap- the private sector. A substantial in- proposed legislation, which came to be proaches and new markets, not by ex- crease in FPI’s business means a simi- known as the Reclamation Act, to en- panding its production in traditional lar decrease in U.S. private sector busi- courage development of family farms industries. The Deloitte & Touch study ness—unless it is displacing imports, throughout the western United States. concluded: which is what FPI should be doing. In- The idea was to provide needed water FPI needs to maintain sales in industries stead of diversifying as recommended for areas that were otherwise dry and that produce products such as traditional by the Deloitte & Touche study and the give small farms—those no larger than furniture and furnishings, apparel and tex- Brookings summit, FPI is going back 160 acres—a chance, with a helping tile products, and electronic assemblies to maintain inmate employment during the to the same well yet again, and taking hand from the Federal Government, to transition. it out of the hide of the same tradi- establish themselves. These industries should not be expanded, tional industries. Under the Reclamation Reform Act and FPI should limit its market shares to Mr. President, this is the easy way of 1982, Congress acted to expand the current levels. out, but it isn’t the right way for FPI, size of the farms that could receive I followed up on that report by meet- it isn’t the right way for the private subsidized water to 960 acres. The RRA ing with Federal Prison Industries offi- sector workers whose jobs FPI is tak- of 1982 expressly prohibits farms that May 23, 1996 CONGRESSIONAL RECORD — SENATE S5569 exceed 960 acres in size from receiving cording to GAO, one 12,345 acre cotton to the user at the full-cost rate, and Federally-subsidized water. These re- farm—roughly 20 square miles—operat- how much at the below-cost rate. For strictions were added to the Reclama- ing under a single partnership, was re- example, if a 961-acre operation earned tion law to close loopholes through organized to avoid the 960-acre limita- $1 million dollars, a ratio of $500,000 which Federal subsidies were flowing tion into 15 separate land holdings (the means test value) divided by their to large agribusinesses rather than the through 18 partnerships, 24 corpora- gross income would determine the full small family farmers that Reclamation tions, and 11 trusts which were all op- cost rate, thus the water user would projects were designed to serve. Agri- erated as one large unit. A seventh pay the full cost rate on half of their businesses were expected to pay full very large trust was the sole topic of a acreage and the below cost rate on the cost for all water received on land in 1990 GAO report. The Westhaven trust remaining half. excess of their 960-acre entitlement. is a 23,238-acre farming operation in This means testing proposal was Despite the express mandate of Con- California’s Central Valley. It was profiled in this year’s ‘‘Green Scissors’’ gress, regulations promulgated under formed for the benefit of 326 salaried report, written by Friends of the Earth the Reclamation Reform Act of 1982 employees of the J.G. Boswell Com- and Taxpayers for Common Sense and have failed to keep big agricultural pany. Boswell, GAO found, had taken supported by 21 other environmental water users from receiving Federal sub- advantage of section 214 of the RRA, and consumer groups, including groups sidies. The General Accounting Office which exempts from its 960-acre limit like the Concord Coalition, the Pro- and the Inspector General of the De- land held for beneficiaries by a trustee gressive Policy Institute. The premise partment of the Interior continue to in a fiduciary capacity, as long as no of the report is that there are a number find that the acreage limits established single beneficiary’s interest exceeds of subsidies and projects, totaling $39 in law are circumvented through the the law’s ownership limits. The RRA, billion dollars in all, that could be cut creation of arrangements such as farm- as I have mentioned, does not preclude to both reduce the deficit and benefit ing trusts. These trusts, which in total multiple land holdings from being op- the environment. This report coalesces acreage well exceed the 960 acre limit, erated collectively under a trust as one what I and many others in the Senate are comprised of smaller units that are farm while qualifying individually for have long known, we must be diligent not subject to the reclamation acreage federally subsidized water. Accord- in eliminating practices that can no cap. These smaller units are farmed ingly, the J.G. Boswell Company reor- longer be justified in light of our enor- under a single management agreement ganized 23,238 acres it held as the Bos- mous annual deficit and national debt. often through a combination of leasing ton Ranch by selling them to the The ‘‘Green Scissors’’ recommendation and ownership. Westhaven Trust, with the land hold- on means testing water subsidies indi- Three years ago, as part of a settle- ings attributed to each beneficiary cates that if a test is successful in re- ment of a suit with the Natural Re- being eligible to receive federally sub- ducing subsidy payments to the high- sources Defense Council, the Bureau of sidized water. est grossing 10 percent of farms, then Reclamation agreed to propose new Before the land was sold to the Federal Government would recover regulations under the reclamation pro- Westhaven Trust, the J.G. Boswell at least $440 million per year, or at gram. At the beginning of February Company operated the acreage as one least $2.2 billion over 5 years. 1996, the Administration issued its large farm and paid full cost for the The measure I introduce today is my final environmental impact statement Federal irrigation water delivered for third legislative effort in the area of ir- [EIS] on its proposed regulations. On the 18-month period ending in May rigation subsidies, all of which have March 8, 1996 I joined with the Senator 1989. When the trust bought the land, been profiled in the ‘‘Green Scissors’’ from New Jersey [Mr. BRADLEY], the due to the loopholes in the law, the en- report. In February of 1995, I intro- Senator from New Hampshire (Mr. tire acreage became eligible to receive duced two related pieces of legislation GREGG) and others in writing to the federally subsidized water because the aimed at reducing double dipping for President to express our concern and land holdings attributed to the 326 irrigation water subsidies that cost the disappointment that these new regula- trust beneficiaries range from 21 acres Federal taxpayers millions of dollars tions would continue to allow the 960- to 547 acres—all well under the 960-acre each year. I hope that other Members acre loophole to be exploited. Indeed, limit. will join me in sponsoring these efforts, neither the Bureau’s ‘‘preferred op- In the six cases the GAO reviewed in as elimination of western water sub- tion’’ for the regulation, nor any of the 1989, owners or lessees paid a total of sidies, and a wide range of reclamation alternatives they describe in the EIS, about $1.3 million less in 1987 for Fed- subsidies, should be pursued as legiti- would act to curb irrigation water eral water then they would have paid if mate deficit reduction opportunities. abuses by these agribusiness trusts. their collective land holdings were con- When countless Federal program are Last week, I received a response to sidered as large farms subject to the subjected to various types of means the letter I joined in sending to the De- Reclamation Act acreage limits. Had tests to limit benefits to those who partment of the Interior. The letter Westhaven trust been required to pay truly need assistance, it makes little states, ‘‘Last spring’s release of a pro- full cost, GAO estimated in 1990, it sense to continue to allow large busi- posed rule making and draft EIS would have paid $2 million more for its ness interests to dip into a program in- prompted nearly 400 letters and 8 pub- water. The GAO also found, in all seven tended to help small entities struggling lic hearings on these complex issues of these cases, that reduced revenues to survive. Taxpayers have legitimate during the comment period. The FEIS are likely to continue unless Congress concerns when they learn that their alternative responds to many of the amends the Reclamation Act to close hard-earned tax dollars are being ex- comments we received.’’ Mr. President, the loopholes allowing benefits for pended to assist large corporate inter- this letter specifically does not respond trusts. ests in select regions of the country to the concerns that I, the Senator The legislation that I am introducing who benefit from these loopholes. The from New Jersey [Mr. BRADLEY] and combines various elements of proposals Federal Water Program was simply others raised. Now is the time, in light introduced during previous attempts never intended to benefit these large of the Department’s inability to cor- by other members of Congress to close interests. rect this problem, to look back to the loopholes in the 1982 legislation and to In conclusion, Mr. President, it is statute and attempt to correct the impose a $500,000 means test. This new clear that the conflicting policies of costly loopholes that it facilitates. approach limits the amount of sub- the Federal Government in this area Presently, according to the Bureau of sidized irrigation water delivered to are in need of reform, and if Federal Reclamation, there are 80 such trusts any operation in excess of the 960-acre agencies cannot be diligent in curbing receiving subsidized water on more limit which claimed $500,000 or more in this corporate welfare administra- than 738,000 acres of land, or about 10 gross income, as reported on their most tively, Congress should act. Large agri- percent of the land for which the Bu- recent IRS tax form. If the $500,000 businesses should not be able to con- reau of Reclamation provides water. In threshold were exceeded, an income tinue to soak the taxpayers. We should a 1989 GAO report, the activities of six ratio would be used to determine how act to close these loopholes as soon as of these trusts were fully explored. Ac- much of the water should be delivered possible. I ask unanimous consent that S5570 CONGRESSIONAL RECORD — SENATE May 23, 1996 the text of the measure be printed in ‘‘(B) OPERATION OF A FARM OPERATION.—For or limited recipient at less than full cost to the RECORD. the purposes of subparagraph (A), an individ- a number of acres that does not exceed the There being no objection, the text of ual or legal entity shall be considered to op- number of acres determined under paragraph the bill was ordered to be printed in erate a farm operation if the individual or (2). legal entity is the person that performs the ‘‘(2) MAXIMUM NUMBER OF ACRES TO WHICH the RECORD, as follows: greatest proportion of the decisionmaking IRRIGATION WATER MAY BE DELIVERED AT LESS S. 1798 for and supervision of the agricultural enter- THAN FULL COST.—The number of acres deter- Be it enacted by the Senate and House of Rep- prise on land served with irrigation water.’’; mined under this subparagraph is the num- resentatives of the United States of America in and ber equal to the number of acres of the single Congress assembled, (4) by adding at the end the following: farm operation multiplied by a fraction, the SECTION 1. SHORT TITLE. ‘‘(14) SINGLE FARM OPERATION.— numerator of which is $500,000 and the de- This Act may be cited as the ‘‘Irrigation ‘‘(A) IN GENERAL.—The term ‘single farm nominator of which is the amount of gross Subsidy Reduction Act of 1996’’. operation’ means the total acreage of land farm income reported by the qualified recipi- SEC. 2. FINDINGS. served with irrigation water for which an in- ent or limited recipient in the most recent Congress finds that— dividual or legal entity is the operator. taxable year. (1) the Federal reclamation program has ‘‘(B) RULES FOR DETERMINING WHETHER SEP- ‘‘(3) INFLATION ADJUSTMENT.— been in existence for over 90 years, with an ARATE PARCELS ARE OPERATED AS A SINGLE ‘‘(A) IN GENERAL.—The $500,000 amount estimated taxpayer investment of over FARM OPERATION.— under paragraphs (1) and (2) for any taxable $70,000,000,000; ‘‘(i) EQUIPMENT- AND LABOR-SHARING ACTIVI- year beginning in a calendar year after 1997 (2) the program has had and continues to TIES.—The conduct of equipment- and labor- shall be equal to the product of— have an enormous effect on the water re- sharing activities on separate parcels of land ‘‘(i) $500,000, multiplied by sources and aquatic environments of the by separate individuals or legal entities shall ‘‘(ii) the inflation adjustment factor for western States; not by itself serve as a basis for concluding the taxable year. (3) irrigation water made available from that the farming operations of the individ- ‘‘(B) INFLATION ADJUSTMENT FACTOR.—The Federal water projects in the West is a very uals or legal entities constitute a single farm term ‘inflation adjustment factor’ means, valuable resource for which there are in- operation. with respect to any calendar year, a fraction creasing and competing demands; ‘‘(ii) PERFORMANCE OF CERTAIN SERVICES.— the numerator of which is the GDP implicit (4) the justification for providing water at The performance by an individual or legal price deflator for the preceding calendar less than full cost was to benefit and pro- entity of an agricultural chemical applica- year and the denominator of which is the mote the development of small family farms tion, pruning, or harvesting for a farm oper- GDP implicit price deflator for 1996. Not and exclude large corporate farms, but this ation on a parcel of land shall not by itself later than April 1 of any calendar year, the purpose has been frustrated over the years serve as a basis for concluding that the farm Secretary shall publish the inflation adjust- due to inadequate implementation of subsidy operation on that parcel of land is part of a ment factor for the preceding calendar year. and acreage limits; single farm operation operated by the indi- ‘‘(C) GDP IMPLICIT PRICE DEFLATOR.—For (5) below-cost water prices tend to encour- vidual or entity on other parcels of land.’’. purposes of subparagraph (B), the term ‘GDP age excessive use of scarce water supplies in (b) IDENTIFICATION OF OWNERS, LESSEES, implicit price deflator’ means the first revi- the arid regions of the West, and reasonable AND OPERATORS AND OF SINGLE FARM OPER- sion of the implicit price deflator for the price increases to the wealthiest western ATIONS.—The Reclamation Reform Act of gross domestic product as computed and pub- farmers would provide an economic incentive 1982 (43 U.S.C. 39aa et seq.) is amended by in- lished by the Secretary of Commerce. for greater water conservation; serting after section 201 the following: ‘‘(D) ROUNDING.—If any increase deter- (6) the Federal Government has increas- mined under subparagraph (A) is not a mul- ingly applied eligibility tests based on in- ‘‘SEC. 201A. IDENTIFICATION OF OWNERS, LES- come for Federal entitlement and subsidy SEES, AND OPERATORS AND OF SIN- tiple of $100, the increase shall be rounded to GLE FARM OPERATIONS. programs, measures that are consistent with the next lowest multiple of $100.’’. (d) CERTIFICATION OF COMPLIANCE.—Section the historic approach of the reclamation pro- ‘‘(a) IN GENERAL.—Subject to subsection 206 of the Reclamation Reform Act of 1982 (43 gram’s acreage limitations that seek to (b), for each parcel of land to which irriga- U.S.C. 390ff) is amended to read as follows: limit water subsidies to smaller farms; and tion water is delivered or proposed to be de- (7) including a means test based on gross livered, the Secretary shall identify a single ‘‘SEC. 206. CERTIFICATION OF COMPLIANCE. ‘‘(a) IN GENERAL.—As a condition to the re- income in the reclamation program will in- individual or legal entity as the owner, les- ceipt of irrigation water for land in a district crease the effectiveness of carrying out the see, or operator. that has a contract described in section 203, family farm goals of the Federal reclamation ‘‘(b) SHARED DECISIONMAKING AND SUPER- each owner, lessee, or operator in the dis- laws. VISION.—If the Secretary determines that no single individual or legal entity is the owner, trict shall furnish the district, in a form pre- SEC. 3. AMENDMENTS. scribed by the Secretary, a certificate that (a) DEFINITIONS.—Section 202 of the Rec- lessee, or other individual that performs the the owner, lessee, or operator is in compli- lamation Reform Act of 1982 (43 U.S.C. 390bb) greatest proportion of decisionmaking for ance with this title, including a statement of is amended— and supervision of the agricultural enter- the number of acres owned, leased, or oper- (1) by redesignating paragraphs (7), (8), (9), prise on a parcel of land— ated, the terms of any lease or agreement (10), and (11) as paragraphs (9), (10), (11), (12), ‘‘(1) all individuals and legal entities that pertaining to the operation of a farm oper- and (13), respectively; own, lease, or perform a proportion of deci- ation, and, in the case of a lessee or opera- (2) in paragraph (6) by striking ‘‘owned or sionmaking and supervision that is equal as tor, a certification that the rent or other operated under a lease which’’ and inserting among themselves but greater than the pro- fees paid reflect the reasonable value of the ‘‘owned, leased, or operated by an individual portion performed by any other individual or irrigation water to the productivity of the or legal entity and which’’; legal entity shall be considered jointly to be the owner, lessee, or operator; and land. (3) by inserting after paragraph (6) the fol- ‘‘(b) DOCUMENTATION.—The Secretary may lowing: ‘‘(2) all parcels of land of which any such individual or legal entity is the owner, les- require a lessee or operator to submit for the ‘‘(7) LEGAL ENTITY.—The term ‘legal entity’ Secretary’s examination— includes a corporation, association, partner- see, or operator shall be considered to be part of the single farm operation of the ‘‘(1) a complete copy of any lease or other ship, trust, joint tenancy, or tenancy in com- agreement executed by each of the parties to mon, or any other entity that owns, leases, owner, lessee, or operator identified under subsection (1). the lease or other agreement; and or operates a farm operation for the benefit ‘‘(2) a copy of the return of income tax im- (c) PRICING.—Section 205 of the Reclama- of more than 1 individual under any form of posed by chapter 1 of the Internal Revenue agreement or arrangement. tion Reform Act of 1982 (43 U.S.C. 390ee) is amended by adding at the end the following: Code of 1986 for any taxable year in which ‘‘(8) OPERATOR.— the single farm operation of the lessee or op- ‘‘(d) SINGLE FARM OPERATIONS GENERATING ‘‘(A) IN GENERAL.—The term ‘operator’— erator received irrigation water at less than MORE THAN $500,000 IN GROSS FARM INCOME.— ‘‘(i) means an individual or legal entity full cost.’’. ‘‘(1) IN GENERAL.—Notwithstanding sub- that operates a single farm operation on a (e) TRUSTS.—Section 214 of the Reclama- sections (a), (b), and (c), in the case of— parcel (or parcel) of land that is owned or tion Reform Act of 1982 (43 U.S.C. 390nn) is ‘‘(A) a qualified recipient that reports leased by another person (or persons) under repealed. any form of agreement or arrangement (or gross farm income from a single farm oper- (f) ADMINISTRATIVE PROVISIONS.— agreements or arrangements); and ation in excess of $500,000 for a taxable year; (1) PENALTIES.—Section 224(c) of the Rec- ‘‘(ii) if the individual or legal entity— or lamation Reform Act of 1982 (43 U.S.C. ‘‘(I) is an employee of an individual or ‘‘(B) a limited recipient that received irri- 390ww(c)) is amended— legal entity, includes the individual or legal gation water on or before October 1, 1981, and (A) by striking ‘‘(c) The Secretary’’ and in- entity; or that reports gross farm income from a single serting the following: ‘‘(II) is a legal entity that controls, is con- farm operation in excess of $500,000 for a tax- ‘‘(c) REGULATIONS; DATA COLLECTION; PEN- trolled by, or is under common control with able year; ALTIES.— another legal entity, includes each such irrigation water may be delivered to the sin- ‘‘(1) REGULATIONS; DATA COLLECTION.—The other legal entity. gle farm operation of the qualified recipient Secretary’’; and May 23, 1996 CONGRESSIONAL RECORD — SENATE S5571 (B) by adding at the end the following: not yet exist in health care, and we The service-oriented bills contained ‘‘(2) PENALTIES.—Notwithstanding any have a long way to go. Knowledge in title II of WHEA target new areas other provision of law, the Secretary shall about appropriate course of treatment such as the prevention of insurance dis- establish appropriate and effective penalties for women lags far behind that for men crimination based on genetic informa- for failure to comply with any provision of for many diseases. Research into dis- this Act or any regulation issued under this tion or participation in clinical re- Act.’’. eases affecting predominately women, search as well as insurance protection (2) INTEREST.—Section 224(i) of the Rec- such as breast cancer, for years went for victims of domestic violence. Sev- lamation Reform Act of 1982 (43 U.S.C. grossly underfunded. And many women eral bills address the need for edu- 390ww(i)) is amended by striking the last do not have access to critical reproduc- cation and training of health profes- sentence and inserting the following: ‘‘The tive and other health services. sionals and the importance of provid- interest rate applicable to underpayments Throughout my tenure in the House ing information about health risks and shall be equal to the rate applicable to ex- and Senate, I have worked hard to ex- prevention to women. Adolescent penditures under section 202(3)(C).’’. pose and eliminate this health care health, eating disorders, (g) REPORTING.—Section 228 of the Rec- gender gap and improve women’s ac- postreproductive health, and breast lamation Reform Act of 1982 (43 U.S.C. 390zz) cess to affordable, quality health serv- is amended by inserting ‘‘operator or’’ before and cervical prevention are also ad- ‘‘contracting entity’’ each place it appears. ices. And under my leadership as the dressed, as well as the need to des- (h) MEMORANDUM OF UNDERSTANDING.—The co-chair of the Congressional Caucus ignate obstetrician-gynecologists as Reclamation Reform Act of 1982 (43 U.S.C. for Women’s Issues, women legislators primary care providers for insurance 390aa et seq.) is amended— in the House called for a GAO inves- purposes and to provide for minimum (1) by redesignating sections 229 and 230 as tigation into the inclusion of women hospital stays for mothers and their sections 230 and 231; and and minorities in medical research at newborns. (2) by inserting after section 228 the follow- the National Institute of Health. This Improving the health of American ing: study documented the widespread ex- women requires a far greater under- ‘‘SEC. 229. MEMORANDUM OF UNDERSTANDING. clusion of women from medical re- standing of women’s health needs and ‘‘The Secretary, the Secretary of the search, and spurred the caucus to in- Treasury, and the Secretary of Agriculture conditions, and ongoing evaluation in shall enter into a memorandum of under- troduce the first Women’s Health Eq- the areas of research, education, pre- standing or other appropriate instrument to uity Act [WHEA] in 1990. This com- vention, treatment, and the delivery of permit the Secretary, notwithstanding sec- prehensive legislation provided Con- services. I believe that the 39 bills com- tion 6103 of the Internal Revenue Code of gress with its first broad, forward look- prising the Women’s Health Equity Act 1986, to have access to and use of available ing health agenda intended to redress will take a giant step in this direction, information collected or maintained by the the historical inequities that face and the passage of this legislation will Department of the Treasury and the Depart- women in medical research, prevention help ensure that women’s health will ment of Agriculture that would aid enforce- and services. never again be a missing page in Amer- ment of the ownership and pricing limita- Since the initial introduction of tions of Federal reclamation law.’’. ica’s medical textbook. WHEA in the 101st Congress, women f legislators have made important By Ms. SNOWE (for herself, Ms. Ms. MIKULSKI. Mr. President, I am strides on behalf of women’s health. MIKULSKI, Mrs. FEINSTEIN, Mrs. Legislation from that first package honored to join my good friends Sen- MURRAY and Ms. MOSELEY- was signed into law as part of the NIH ators SNOWE, BOXER, FEINSTEIN, MUR- BRAUN): RAY, and MOSELY-BRAUN in introducing S. 1799. A bill to promote greater eq- Revitalization Act in June 1993, mandating the inclusion of women and mi- the Women’s Health Equity Act. This uity in the delivery of health care serv- years’ bill, composed of 37 separate ices to American women through ex- norities in clinical trials at NIH. We established the Office of Research on bills, will improve the status of wom- panded research on women’s health is- en’s health in the areas of research, sues and through improved access to Women’s Health at NIH, and secured dramatic funding increases for research services and prevention. The package health care services, including preven- builds on past successes. It brings re- tive health services; to the Committee into breast cancer, osteoporosis, and cervical cancer. sources and expertise to bear on the on Labor and Human Resources. Today, I have joined forces with unmet health needs of America’s WOMEN’S HEALTH EQUITY ACT OF 1996 many of my women colleagues on a bi- women. This bill sets an agenda. It’s Ms. SNOWE. Mr. President, I am ex- partisan basis to take the next crucial where women’s health care needs to go tremely pleased to join with Senator step on the road to achieving equity in as we enter the 21st century. MIKULSKI in introducing the Women’s health care. The Women’s Health Eq- There has been a pattern of neglect Health Equity Act of 1996. I believe uity Act of 1996 is comprised of 39 bills and a history of indifference to wom- that this event is historic, not only be- devoted to research and services in en’s health needs. It’s astonishing that cause of the impressive breadth and areas of critical importance to wom- between 1979 and 1986 the death rate depth of this legislation, but because en’s health. I have already introduced from breast cancer was up 24 percent. five women Senators, including Sen- several of the bills contained in WHEA No one knew why. Yet there was no re- ators FEINSTEIN, MURRAY, and in the Senate: the Consumer Involve- search being done—the research com- MOSELEY-BRAUN, have joined together ment in Breast Cancer Research Act; munity was ignoring this very signifi- to set an agenda for congressional ac- the Women’s Health Office Act; the Ge- cant problem. I worked with colleagues tion to improve women’s health. netic Information Nondiscrimination to change that by making sure that For too many years, women’s health in Health Insurance Act of 1996; the Pa- breast cancer research got its fair care needs were ignored or poorly un- tient Access to Clinical Studies Act; share of research dollars. derstood, and women were systemati- the Medicare Bone Mass Measurement I was frustrated when I found out cally excluded from important health Coverage Act; and the Accurate Mam- that America’s flagship medical re- research. One famous medical study on mography Guidelines Act. Together, search center, the National Institutes breast cancer examined hundreds of these 39 bills represent the high-water of Health [NIH], was supporting re- men. And another federally funded mark for legislation on women’s search that systematically excluded study examined the ability of aspirin health. women. Less than a decade ago, only 14 to prevent heart attacks in 20,000 medi- The research bills contained in title I percent of every research dollar was cal doctors, all of whom were men, de- of WHEA continue to push for in- going to study the health problems of spite the fact that heart disease is the creased biomedical research in wom- 51 percent of the American population. leading cause of death among women. en’s health at NIH and other Federal I wanted to change that. And I did. Today, Members and the American agencies, and address the need for so- With the help of my colleagues, I was public understand the importance of cial policy to keep pace with scientific successful in setting up the Office of ensuring that both genders benefit technology. The impact of the environ- Women’s Health Research at NIH. This equally from the fruits of medical re- ment of women’s health, women and office is turning these statistics search and the delivery of health care AIDS, osteoporosis, and lupus are all around. Women are now routinely in- services. Unfortunately, equity does addressed in this title. cluded in clinical trials. S5572 CONGRESSIONAL RECORD — SENATE May 23, 1996 Despite all our progress, we have a changed of valuable information about Traditionally, a bank or financial in- long way to go. We have to change out- ways to prevent health-related trage- stitution, let’s call it Integrity Bank, dated attitudes. It’s not easy to reverse dies. agrees to provide a consumer with a gender biases. We take a few steps for- And our bill acknowledges another package of services in exchange for the ward and then a few steps back. critical health issue which dispropor- use of the consumer’s money. These I want to make sure that women’s tionately affects women—domestic vio- services typically include access to an health care needs are met comprehen- lence. The Women’s Health Equity Act ATM network, such as MOST, CIRRUS, sively and equitably. The NIH must al- includes a number of provisions which or PLUS, which consists of any Integ- locate sufficient resources to women’s seek to protect women who are victims rity Bank ATM’s as well as ATM’s op- diseases. It should continue to include of violence from being discriminated erated by other banks or financial in- women in clinical trials. It must con- against when seeking health insurance. stitutions. Integrity Bank and the tinue to expand access to health serv- Family violence is a public health cri- consumer have an agreement about ices for women. We must aggressively sis which tears families apart and often whether Integrity Bank will charge the pursue prevention in women’s diseases. prevents women, especially low-income consumer for using ATM’s not owned I pledge to fight for new attitudes and women, from providing their children by Integrity Bank. Integrity Bank, in find new ways to end the needless pain with a safe, nurturing environment in turn, is responsible for paying the net- and death that too many American which to learn and grow. work a fee for transactions completed women face. As you know Mr. President, one of by its consumers on ATM’s not owned I am proud to introduce this bill with my biggest concerns as a Senator is the by Integrity Bank. a great group of Senators that care well being of our Nation’s young peo- Changes which took effect in April of equally about women’s health. This bill ple. I am proud that this bill includes this year may force the consumer to confirms our intent to move forward in provisions which encourage: adolescent pay new fees. Until April 1, the major women’s health equity. It is an outline, health demonstration projects; eating electronic banking networks prohib- a framework, an agenda. No doubt, it disorders research and education ini- ited the assessment of ATM user fees will take time, but I’m sure we will tiatives; fetal alcohol syndrome re- by the bank which owned the ATM. succeed. search and prevention programs; and The networks have revoked this policy, Mrs. MURRAY. Mr. President, I rise demonstration projects to prevent opening the door to a new and out- in strong support of the Women’s smoking in WIC clinics. These efforts rageous practice beyond the control of Health Equity Act. I am proud to join are critical and send our young people Integrity Bank and its customer. Now, my colleagues, Senators SNOWE, MI- an important message that we care despite the fact that Integrity Bank KULSKI, FEINSTEIN, and MOSELEY- about them, their health, and their fu- pays fees to the ATM network, ATM BRAUN, in offering this package of 39 tures. owners and operators can now charge legislative initiatives of critical impor- I am particularly pleased that the non-customers who use their ATM’s—a tance to the health of women and their Newborns’ and Mothers’ Health Protec- service that consumers thought was in- children. Today we are sending a pow- tion Act was included in this act. By cluded in any charges imposed by In- erful and united message. We are more allowing longer hospital stays after tegrity Bank—their bank. child-birth, we will see improved committed than ever to keeping the Now many ATM users may be caught health for both mother and baby. in the middle. Their own banks can spotlight on the important issues sur- Women will receive essential informa- continue to impose fees while the oper- rounding women’s health research, tion about care for their newborn and ators of the ATM’s they use are enti- treatment and education. There are so many worthy pieces to if there are any health complications, tled to ransack consumers’ accounts. this bill that I won’t go into each and mother and baby will receive the atten- What is next, explicit and redundant every one separately. This bill under- tion they need. fees for deposit envelopes? A nighttime Mr. President, I want to commend scores the lack of attention that has ATM surcharge? I will refrain from of- Senator SNOWE for her leadership in co- fering banks any further suggestions been paid to women’s health issues and ordinating this effort and for all she on how to pick the pockets of Amer- the many obstacles we face in getting has done for women’s health and health ican consumers. accurate, vital information about our care. I am proud to be an original co- Mr. President, this double-dipping is health, the health of our children and sponsor of this bill and I urge all of my unfair and unconscionable. Consumers the health care system as it effects us. colleagues to join and help move these should not be charged twice for a single Women face an array of unique and initiatives forward. Together, we can ATM transaction and should certainly serious health risks. We must do more improve the lives and health of women not be charged a fee which has nothing to ensure that adequate research and and children in our Nation, continue to do with the relationship between the education programs are maintained, the important work we have started consumer and his or her financial insti- supported and enriched. We have much and celebrate the great strides we have tution. more to learn about diseases like made. I look forward to this challenge. Banks and other financial service osteoporosis, lupus, and breast cancer providers argue that these surcharges that devastate the lives of women By Mr. D’AMATO (for himself, are necessary to cover the costs of across this country. And we need to Mr. KERRY, Mrs. BOXER, Mr. ATM operation. In-branch ATM’s continue to broaden the scope of cur- BRYAN, Ms. MOSELEY-BRAUN, present minimal expense to financial rent efforts in research into AIDS, car- and Mrs. MURRAY): institutions. How can banks argue with diovascular disease and alcoholism to S. 1800. A bill to amend the Elec- straight faces that surcharges are nec- better understand how women are im- tronic Fund Transfer Act to limit fees essary to cover costs of operation? pacted. We must enable women to pro- charged by financial institutions for Mr. President, the rules change tect themselves and their daughters. the use of automatic teller machines, which permits this extra fee was en- Mr. President, our bill recognizes the and for other purposes; to the Commit- acted only recently. While some banks need for supporting this kind of re- tee on Banking, Housing, and Urban have already imposed the surcharge, search and specifically addresses all of Affairs. many others are testing the waters be- these conditions which jeopardize the THE FAIR ATM FEES FOR CONSUMERS ACT OF 1996 fore they take advantage of the rule health of women. We must encourage a Mr. D’AMATO. Mr. President, I rise change. Congress should act before this coordinated and committed effort from today with Senators KERRY and MUR- unfair practice spreads like a wildfire. the top level of our government to RAY as my primary cosponsor to intro- It is hard to believe that banks are so make sure that women’s health issues duce legislation to protect consumers strapped when industry profits have receive the attention they deserve. For from excessive and redundant fees im- never been higher. For the fourth too long, our concerns were ignored or posed by automated teller machine straight year in 1995, commercial given second-class status. If we con- (ATM) operators. I am also pleased banks reported record earnings. Last tinue to allow this to happen—women that Senators BOXER, BRYAN, and year, commercial banks reported prof- will die, our children will get sick, and MOSELEY-BRAUN have joined in cospon- its of $48.8 billion, exceeding the pre- future generations will be short- soring this important initiative. vious year’s record of $44.6 billion by May 23, 1996 CONGRESSIONAL RECORD — SENATE S5573 9.4 percent. These skyrocketing earn- in deceptive advertising and other and loans. This bill not only protects ings are primarily the result of in- harmful practices. This is analogous to consumers, but it protects small banks creased interest and fee income. On top our current ATM situation. that don’t own more than a few ATM’s of this, commercial banks now pay I understand that some businesses from being run out of business by the nearly nothing to receive deposit insur- that rely on retail sales through credit larger banks who can offer free trans- ance. and ATM cards may be concerned actions at thousands of machines. Are banks really losing money on about this bill. They need not worry. Let me put this in perspective. In a ATM operations or is this new fee just The sole purpose of this legislation is survey of just 228 of the 3,500 machines an easy way to gouge the consumer? to prohibit excessive fees to ATM in my State—less than 10 percent of all The U.S. Public Interest Research users. I recognize that there may be the machines—it was reported that Group and the Center for the Respon- some off-site ATM’s that are costly to 400,742 transactions per month would sive Law recently reported that ATM’s maintain and have historically charged be subject to the new surcharge—al- generated $3.1 billion in transaction fees. I am willing to consider necessary most 5 million transactions per year at fees for banks in 1995. Though ATM accommodations to this bill. However, just 10 percent of the ATM’s in my transactions cost banks $3.2 billion, the I will draw the line in cases where it is State. report said, profits increased by $2.2 clear the consumer is being fleeced. If the larger financial institutions billion as a result of the labor savings. Mr. KERRY. Mr. President, I am could offer no fee if a consumer took This new ATM surcharge is nothing pleased to join my colleague from New their money out of a smaller institu- more than a thinly veiled attempt to York, the chairman of the Banking tion, the fate of the smaller institu- artificially inflate profits at the con- Committee, Senator D’AMATO, in intro- tions in an increasingly automated en- sumer’s expense. ducing this important piece of legisla- vironment is obviously in question, and Banks have spent the past 20 years tion. we have to address this problem now. enticing consumers to use ATMs to re- It is not often that Senator D’AMATO And to save the community banks and duce the need for branch offices. Banks and I agree on issues on this floor or in avoid the 1990’s version of the 1980’s have told regulators and the Congress the Banking Committee, and when we S&L crisis. that branch closings save money with- do, there is justification for strong bi- Mr. President, in a recent USA Today out decreasing service because ATM’s partisan support. That is indeed the interview with an executive of one of fill the role once served by branch of- case on this legislation, and I am the Nation’s largest banks, when asked fices. Now it appears providing that pleased to join with my colleague, and ‘‘are you instituting surcharges on service comes only with an added cost I congratulate him on his leadership in non-customers who use your auto- to the consumer and more profit for moving to protect consumers against mated teller machines?’’ the answer the provider. the potential of double-bank-fees that was somewhat disturbing. Let me just say a few words about amount to a banking-penalty tax on It was: the impact of this fee on community consumers. We’re going to do it . . . The reason is banks. These banks have already Why do we need this legislation now? frankly pretty self-evident. You’ve got a agreed to pay fees to ATM networks in Because, on April 1 of this year, Amer- community bank that likes to tell you order to ensure that their customers ican depositors had a cruel April Fool’s they’re going to give you this wonderful have access to funds at convenient lo- joke played on them. That’s the day service and you can shake the President’s hand and get a doughnut and a cup of coffee cations. Now community banks face Visa and MasterCard—owners of two of in the lobby and so on. When you go in to the threat of losing customers to large the largest automated teller network— open an account they say we don’t have any banks with large ATM networks. Since began letting their member banks ATM’s but don’t worry about it, here’s our community bank customers depend on charge a fee to other banks’ customers card and you can use anybody’s ATM in the other institutions’ ATM’s, large banks who use their automated tellers. Some country. So we’re subsidizing the community can use ATM user fees to steal commu- banking analysts tell me that across banks. We’re not going to do that anymore. nity bank customers. the country this surcharge can range Well, Mr. President, I ask, what’s This moves comes at a time when from 50 cents to $2.50. Consumers can wrong with community banks. I like some banks are charging their cus- be charged an increased fee by both the idea of neighborhood credit unions tomers a premium for teller service. their bank and the bank whose ma- and having a cup of coffee and a dough- These banks justify this teller fee with chine they are using which could cost nut in the lobby. What this response claims that teller service is more ex- as much as $5 to make a deposit, a tells me is that there is more to the pensive to provide than ATM service. withdrawal, or to check your balance. surcharge than meets the eye. And we Now, some banks are squeezing con- Our legislation has a simple purpose: should be aware of the what lies around sumers even harder with new ATM user it prohibits a transaction fee assessed the corner as we head down the road. fees. Consumers are getting nickel-and- by the owner or operator of an ATM You will hear from representatives of dimed to death and it has got to stop. machine. This bill will stop double the industry, Mr. President. Some of Mr. President, the bill I introduce fees. the biggest banks will lobby heavily today would prohibit user fees imposed It gives consumers negotiating power saying that this fee is an issue of con- by ATM operators. Under this bill, for with a financial services industry venience. But I suspect that other example, banks would remain free to which is consolidating and forces are at play. Commercial banks charge their own customers for using downsizing—laying off tellers, shutting posted record profits last year. This the ATM’s of other banks. Other ATM branches and reducing bank-lobby new fee is not designed to raise profits. owners and operators, however, would hours; it helps the small banker from Yet, community and cooperative be prohibited from taking a second bite being run out of business by the big bankers will tell you a different story— out of the consumer. banks; and it bolsters congressional a constituent of mine in Dorchester, There is congressional precedent for oversight of antitrust violations. MA, owns a profitable bank with one this type of legislation. Congress origi- Mr. President, Massachusetts is in a ATM machine. He runs the bank well nally passed legislation banning sur- unique situation. Because of pending and serves the community. But he is no charges in the credit card industry in bank mergers and consolidations the 2 match against far bigger competitors. 1976 and renewed the ban twice in 1978 largest banks will soon own 2,200 of the He knows that once these surcharges and 1981. In that instance, Congress 3,500 ATM machines in the State— become pervasive and the big banks prohibited retail institutions from about 65 percent. start charging his customers to use charging consumers surcharges on In no other State does one bank con- their ATM’s, they will just move their their credit card purchases. To allow trol more than 15 percent of the ATM’s. accounts to the big banks to avoid the additional charges and fees for card use I applaud the banking industry which charge. after the consumer had paid for the use has grown and is healthy and strong, So, this is not an issue of establish- of the credit card would have forced and there is room in financial services ing prices and fees; this is an antitrust customers to pay twice and permitted for large institutions and for small issue. I want to set the marker down some unscrupulous merchant to engage credit unions and neighborhood savings clearly—the Congress needs to do a S5574 CONGRESSIONAL RECORD — SENATE May 23, 1996 better job in monitoring and prevent- Provide for thorough reform of the tains provisions intended to reverse the ing the trend of consolidation from FAA; disturbing trend of illegal diversion of running the smaller banks out of busi- Encourage Congress to meet the airport revenues. To ensure that air- ness. FAA’s short-term funding needs; port revenues are used only for airport I want to be clear about what else Enhance airline safety by requiring purposes, this legislation would expand this bill does, and what it does not do. airlines to share employment and per- the prohibition on revenue diversion to This legislation does not regulate fees formance records before hiring new pi- cover more instances of diversion. It and prices, and does not curtail the lots; and also would establish clear penalties and widespread use of ATM’s especially in Abolish the MWAA Board of Review. stronger mechanisms to enforce Fed- Significantly, this bill expresses the lower income areas. eral laws prohibiting revenue diver- sense of the Senate that Congress must Mr. President, I do not believe that it sion. In addition, the bill would impose act immediately to address the short- is the business of the U.S. Senate to set additional reporting requirements so term funding needs of the FAA. Mr. prices and fees at banks and other fi- that illegal revenue diversion is easily President, we have all heard by now nancial institutions. I am a great be- identified and verified. It also would that certain aviation excise taxes that liever in the free market—not the Fed- provide important protections for whis- make up most of the Airport and Air- eral Government—dictating fee struc- way Trust Fund, which provides nearly tleblowers. tures. But there is a general sense of all of the FAA’s funding, expired at the To enhance the safety of the Nation’s fairness that is being violated in this end of last year. Since then, no money air transportation system, this legisla- new surcharge. has been going into the aviation trust tion also contains provisions that When a depositor opens an account, fund. Yet, the FAA has determined would require air carriers to request he or she knows the fees associated that since the beginning of this year, and receive, after obtaining written with transactions. It is current Federal approximately half a billion dollars has consent from a pilot application, rel- law—found in statutes like the Elec- been spent each month from the exist- evant employment and performance tronic Funds Transfer Act, the Truth- ing trust fund balance. The FAA ad- records before hiring someone as a in-Savings Act and the Truth-in-Lend- vises that at this rate, all of the money pilot. These provisions focus on encour- ing Act—that mandates fees to be dis- in the trust fund will be spent by De- aging and facilitating the flow of infor- closed to the consumer. So, when we cember. Without immediate action by mation between employers so that open a bank account, we will know how Congress to provide interim, short- safety is not compromised in any way. much each transaction will cost. term funding for the FAA, confidence To ensure that the burden of these But now, with this new surcharge, we in the FAA and our nation’s air traffic pilot recordsharing provisions does not are left in the dark. We don’t find out control system could erode. fall on employers and the legal system, how much it will cost to use an ATM The legislation that I am introducing when a transfer is requested and com- machine, not associated with our par- today not only encourages quick reso- plied with, both the employer who ticular bank, until our statement ap- lution of the FAA’s immediate funding turns over the requested records and pears in the mail, long after the ATM problem, but also sets out a plan for the prospective employer who receives transaction is completed. complete FAA reform. In specific, this them will be immune from lawsuits re- That is bad for consumers and it is bill incorporates the Air Traffic Man- lated to the transferred information, bad precedent. And the trend is not fa- agement System Performance Im- unless the employer who provides the vorable. Historic mergers, consolida- provement Act, which I have cospon- information knows it is false. Complete tions and acquisitions have taken place sored with Senator FORD and Senator immunity is critical—without it, the in financial service industry. Consum- HOLLINGS, to create a more autono- airlines simply will not share records. ers have less choice, not more. Bank mous and accountable FAA that can The legislation therefore could not lobby hours have been curtailed so continue to ensure the safety of the achieve its objective of making it a drastically, tellers replaced by ma- traveling public while, at the same common practice of prospective em- chines, that we are forced to use time, meet the needs of the growing ployers to research to the greatest ex- ATM’s. This is the direction of the in- aviation industry. tent the experience of pilots, and to dustry and at some point the Congress This FAA reform measure is particu- learn significant information that must step in and let the banks know larly important because while the in- could affect air carrier hiring decisions enough is enough. terim, short-term funding is in place and, ultimately, airline safety. Thank you and I yield the floor. and during the one-year reauthoriza- Finally, this legislation makes cer- tion of FAA programs, the FAA will be tain changes to the Metropolitan By Mr. MCCAIN: able to set up a performance-based fee Washington Airports Authority re- S. 1801. A bill to amend title 49, Unit- system to satisfy the FAA’s long-term ed States Code, to authorize appropria- funding needs. This FAA reform pro- quired following recent Federal court tions for the Federal Aviation Admin- posal would ensure that the new FAA rulings. In specific, the bill would abol- istration for fiscal year 1997, to reform funding system must consider the ish the MWAA Board of Review, and in- the Federal Aviation Administration, FAA’s costs of providing air traffic crease the number of presidentially ap- and for other purposes; to the Commit- control services and must increase the pointed members of the MWAA Board tee on Commerce, Science, and Trans- efficiency with which air traffic con- of Directors. It also conveys the sense portation. trol services are produced or used, of the Senate that the MWAA should THE OMNIBUS AVIATION ACT OF 1996 without jeopardizing safety. not provide free, reserved parking Mr. MCCAIN. Mr. President, today, I The existing aviation excise tax sys- areas at either Washington National am introducing the Omnibus Aviation tem does not enable the FAA to deter- Airport or Washington Dulles Inter- Act of 1996. This legislation reauthor- mine whether the air traffic control national Airport for Members of Con- izes for one year several key programs system is becoming more or less costly gress and other government officials or of the Federal Aviation Administra- per flight, or whether air traffic con- diplomats. tion, including the vital Airport Im- trol system productivity is increasing Mr. President, certain unfortunate, provement Program. It also provides or decreasing. By contrast, establish- recent events have raised questions needed, comprehensive FAA reform, in- ing a user fee funding system under about the safety of our nation’s air cluding the development of a stable, this bill would compel the FAA to es- transportation system. We must do our long-term funding system for the FAA, tablish a cost accounting system, part to reassure the traveling public and addresses other critical safety and which would enable it to determine the that we have the world’s safest system. airport concerns. Specifically, this leg- efficiency and costs of the FAA and the This comprehensive legislation will go islation would: air traffic control system, and develop a long way in reassuring the public Reauthorize AIP at $1.8 billion for investment and modernization pro- that the system is safe, and will pro- one year; grams that are viable. vide the FAA with a stable, predict- Expand the prohibition on airport This legislation also addresses other able, and sufficient funding stream for revenue diversion; critical aviation issues. First, it con- the long term. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5575 By Mr. THOMAS (for himself and including fish and wildlife manage- the Commonwealth of the Northern Mr. SIMPSON): ment, education and historical uses. In Mariana Islands as well as the Presi- S. 1802. A bill to direct the Secretary order to ensure the area remains pub- dents of the Republic of Palau, the Re- of the Interior to convey certain prop- lic, the legislation contains a reverter public of the Marshall Islands, and the erty containing a fish and wildlife fa- clause that requires the State of Wyo- Federated States of Micronesia. I want cility to the State of Wyoming, and for ming to manage the property for public to express my appreciation to all of other purposes; to the Committee on uses or it would be transferred back to them for their courtesies and their Environment and Public Works. Federal ownership. willingness to meet with Senator RANCH A CROOK COUNTY, WYOMING LEGISLATION The bill is the product of long nego- AKAKA and myself and for their assist- Mr. THOMAS. Mr. President, I rise tiations between the State of Wyoming ance in arranging full and frank discus- today along with my colleague from and the Fish and Wildlife Service. Ini- sions. Wyoming, Senator SIMPSON, to intro- tially, the State would only accept the duce legislation to protect public land land if Federal funds were authorized I was impressed by the diversity in our State. This bill would transfer to refurbish the area. However, by within the Pacific and the magnitude 680 acres of land currently adminis- working with the State, the Federal of the problems facing these island tered by the United States Fish and Government and local officials, we governments. I have some appreciation Wildlife Service to the State of Wyo- have been able to craft a compromise for their problems in dealing with ming. This property commonly known that does not require any Federal ex- Washington because I can recall the as Ranch A is located in Crook County, penditures and keeps the land public. days of territorial administration for WY, and is scheduled to be disposed of Mr. President, the Ranch A property Alaska. I was also able to point out by the General Services Administra- is a truly unique facility that should be that Statehood is not a complete rem- tion in the coming months. Since the kept in public ownership. The area has edy for those who still think Alaska is area is unique and possesses many his- significant historic and cultural value their private reserve. Alaska, like the toric and distinctive characteristics, in addition to its wildlife and research islands, is noncontiguous and must the State of Wyoming would like to opportunities. Keeping the area clean deal with standards developed for the have the property transferred to it so and pure is a goal of the residents in lower 48 States. We have the problem that the property and facilities on the the region who hope to preserve the of servicing small remote populations, land can be preserved for the public for beauty of the facility and surrounding much like the Republic of the Mar- many years to come. land for future generations to enjoy. shalls and the Federated States of Mi- The Ranch A lodge, which sits on 680 The State of Wyoming is willing to cronesia have. acres of property, was constructed by a take on the responsibility of protecting private developer in the 1930’s and ac- this wonderful property and I strongly The legislation that I am introducing quired by the U.S. Fish and Wildlife support their efforts to ensure that today would address the following is- Service in 1963. Since the area has an Ranch A is protected for many years to sues: abundant supply of spring-fed water, it come. Section 1 extends the supplemental is ideal for trout research and the Instead of allowing the Federal Gov- food assistance program for Enewetak study of trout genetics. The Fish and ernment to dispose of this unique prop- and Bikini for an additional 5 years. Wildlife Service continued its research erty that has such a variety of uses, I Enewetak and Bikini were the sites for operations at Ranch A until 1980 when urge Congress to take action and allow the United States atmospheric nuclear all of the agency’s trout research work the State of Wyoming to protect Ranch testing program in the Marshall Is- was transferred to Bozeman, MT. Since A. The choice is clear—either we pass lands and the food assistance program that time, the Service has maintained this bill and keep the area open to the is necessary to supplement local food the facility but has leased the area to public, or we allow the Federal Govern- supplies while the populations resettle a variety of groups including the Wyo- ment to move forward and dispose of their atolls. The difficulty that ming Game and Fish Department and the land into private ownership. I hope Enewetak has experienced in establish- the South Dakota School of Mines. we can move quickly to support this ing a local food supply should be ample Although the area has significant outstanding area and pass this legisla- historical and cultural values, in 1995 tion in the near future. warning to the population of Bikini of the Department of Interior took action the environmental consequences of a to divest itself of ownership of Ranch By Mr. MURKOWSKI (for him- scrape, and I sincerely hope that we A. Recently, the Fish and Wildlife self, Mr. JOHNSTON and Mr. can avoid that environmental degrada- Service declared the property as ‘‘sur- AKAKA): tion. While Enewetak is making sig- plus’’ and is planning to dispose of S. 1804. A bill to make technical and nificant strides in reestablishing a Ranch A through the General Services other changes to the laws dealing with local food supply, it is clear that a con- Administration. No formal action has the territories and freely associated tinuation of the agriculture assistance been taken on the disposal request and States of the United States; to the is needed. The language would also re- the property is still owned and main- Committee on Energy and Natural Re- quire the United States to ensure that tained by the Fish and Wildlife Serv- sources. the program is designed to meet the ac- ice. TERRITORIES AND FREELY ASSOCIATED STATES tual needs of the populations. I under- The State of Wyoming is interested LEGISLATION stand that the program is running at in protecting Ranch A and working to Mr. MURKOWSKI. Mr. President, the same level as it did 10 years ago ensure the area is protected for future today I am introducing legislation that without taking into account the generations. Earlier this year, the Wy- will address several concerns that were change in population. oming congressional delegation was ap- brought to my attention by the leader- A concern was also raised over the ship in some of the United States terri- proached by Gov. Jim Geringer and medical care and monitoring program tories and in the nations in free asso- asked if we could introduce legislation that the Department of Energy runs in to have the property transferred to the ciation with the United States. I am the Northern Marshalls. At the same State of Wyoming. The State is willing pleased that this legislation is cospon- time that I am introducing this legisla- to assume ownership of the area and sored by the Ranking Member and maintain the facility and the adjacent former Chairman of the Committee on tion, I am also introducing an amend- land for educational, historical and Energy and Natural Resources, Senator ment that would extend the program to wildlife management purposes. JOHNSTON, as well as by Senator Bikini and Enewetak. While I do not The legislation I am introducing AKAKA, who has also had a long and want to jeopardize the effectiveness of today would achieve that goal. The bill abiding interest in the welfare of the the program for the affected popu- would transfer all right and title of the territories and freely associated lations of Rongelap and Utirik, I also 680 acres and all buildings on the States. want to ensure that the objectives of Ranch A property to the State of Wyo- During the February recess, I had the the four atoll program are being met. ming. The State would assume control opportunity to meet with the chief ex- This language will also provide the of the property and would be required ecutives of the United States terri- Committee with an opportunity to re- to manage the area for public purposes tories of American Samoa, Guam, and view the administration of the program S5576 CONGRESSIONAL RECORD — SENATE May 23, 1996 since it was shifted out of defense pro- Marshall Islands, and the Palau Com- ness. This amendment recognizes that grams and into environmental health munity College. This amendment will with modern communications and within DOE. I appreciate that the four hopefully eliminate some administra- transportation, the current limitations atoll health program was to be admin- tive headaches for the college. are archaic and impede continuity in istered by the Tribunal established Section 4 amends the Guam Organic the operations of the executive branch under the Compact of Free Association, Act to guarantee that any lands ac- in the Virgin Islands. but I am also mindful of the special required by the United States for Federal The second amendment would reform sponsibility that the United States has purposes will be made available to the the authority granted to the Virgin Is- for the populations of the four affected Government of Guam when those pur- lands in 1976 to issue bonds secured by atolls. Under the terms of the Com- poses have expired. The Federal Gov- the matching fund. The debt is now pri- pact, we authorized further ex gratia ernment, principally the Department ority debt, not parity debt. Priority assistance if justified, and I think it is of Defense, controls about one-third of debt places a premium value on the time for the Committee on Energy and the available land area in Guam. Those earliest debt, while parity debt places Natural Resources to examine how the lands were acquired for defense needs, all bond holders on a level playing programs—those being provided by the and when those needs no longer exist, field. Although most communities now Republic of the Marshall Islands and the lands should be returned to Guam. issue parity debt, the current limita- those provided by the United States— I was particularly troubled by the situ- tion handicaps the Virgin Islands by are being implemented. I was very im- ation at Ritidian Point where the Fish requiring a higher fee and interest rate pressed by my visit to Bikini and am and Wildlife Service, seemingly in the on subsequent issues as well as over grateful for the courtesies and hospi- dead of night, effectively stole land collateralization. The amendment tality extended by the Mayor, the that the Department of Defense and would permit the Virgin Islands to Council, and Senator Balos. During the the Government of Guam had nego- issue parity debt and allows for a tran- hearings on this legislation, I also tiated for transfer. Whatever the jus- sition to permit the Virgin Islands to want to examine what role the Public tification for Fish and Wildlife’s inter- refinance their current priority debt. Health Service can play in improving est, there is no excuse for the insen- This would reduce the debt service and health care not only to the four atolls, sitivity shown by the Department of free up needed revenues for school im- but throughout the Republic of the the Interior in that acquisition. Rather provements and emergency repairs Marshall Islands and also to the Fed- than spending their time enlarging made necessary by Hurricane Marilyn. erated States of Micronesia and the Re- their empire, the Fish and Wildlife I want to emphasize that current bond public of Palau. I again want to empha- Service could make better use of their holders will be fully protected. size that in no way do I want to jeop- resources by going after the brown tree Section 8 was suggested by Senator ardize the overriding objective of the snake. At the rate they are going, they JOHNSTON to begin to look at what the health care being provided by will have the only wildlife refuge dedi- economic future of the Virgin Islands Brookhaven to the 133 exposed cated to extinct species. I especially will be in light of the changes that are Marshallese, but I do not want to pass want to thank Congressman happening both politically and eco- over the opportunity to see if the popu- UNDERWOOD for his assistance in devel- nomically in the Caribbean and what lations of Bikini and Enewetak could oping this approach to guarantee a role the Federal Government can do to pro- bootstrap onto the program using their for the Government of Guam in any vide a stable and self-sustaining local trust funds. further Federal land disposal in Guam. economic base. I fully agree with Sen- Section 2 of the legislation would re- The Governor of Guam made an excel- ator JOHNSTON that the time to do that peal a provision of law that authorizes lent presentation of the problems cre- analysis is now. the government of the Commonwealth ated by the actions of the Fish and of the Northern Mariana Islands to Wildlife Service and I think this is a Mr. President, upon my return from take over the American Memorial Park situation that needs to be addressed my visit to the Pacific, I wrote the in Saipan. Senator AKAKA and I par- and I am grateful for the comprehen- President on what I thought was a fair- ticipated in a wreath laying at the sive briefing he provided us during our ly significant concern raised by the park, and I was impressed with the de- brief visit to Guam. Presidents of the Republic of the Mar- velopment of the area, especially in Section 5 would repeal a provision of shall Islands and the Federated States light of staff descriptions of the site law that limits the use of lands trans- of Micronesia. While the political rela- only a few short years ago. Ambassador ferred to Guam. Again, I want to thank tionship under the Compacts of Free Haydn Williams deserves a great deal Congressman UNDERWOOD for suggest- Association is of indefinite duration, of credit for his persistence and coming this amendment. I cannot think of certain provisions are subject to re- mitment to seeing the park estab- any restriction more onerous than negotiation and expire at the end of 15 lished. While I am not opposed to pro- transferring property for which the years. The compacts require renegoti- posals for other arrangements, it seems Federal Government has no further ation in the 13th year and the Presi- to me that the area is now a part of the need and then denying the Government dents quite correctly pointed out that National Park System and should re- of Guam the ability to derive the eco- was not sufficient time to conclude ne- main so until the lease expires unless nomic benefits of its use and develop- gotiations and obtain the necessary some concrete proposal is brought for- ment. ratifications by the United States and ward that will maintain the objectives Section 6 was suggested by the Resi- their governments. Like the Governor and purposes for the memorial. I fully dent Representative of the Common- of the Virgin Islands and Senator JOHN- expect that we will need to modify this wealth of the Northern Mariana Islands STON, they are looking to the future provision to permit the commonwealth and would provide State-like treat- and trying to plan for it. They asked if the ability to develop the marina area, ment for the commonwealth, the Vir- I would request the administration to but at least for the time being, I think gin Islands, and American Samoa for begin the process of formulating the the National Park Service should con- certain drug enforcement programs. U.S. position and begin discussion tinue to operate and maintain the me- Guam and Puerto Rico presently have while there was a degree of time. Given morial. State-like treatment, and this amend- the number of years it took for the Section 3 is a technical amendment ment simply provides uniform treat- original ratification, that seemed like to the legislation dealing with the land ment for all the territories. a reasonable request. I will not com- grant status of the College of Microne- Section 7 of the legislation would ment on the President’s response, sia and was brought to my attention by amend the Revised Organic Act of the other than to ask unanimous consent Susan Moses, the president of the col- Virgin Islands at the request of the that a copy of my letter and his re- lege. The amendment would provide Governor of the Virgin Islands. The sponse be included in the RECORD. separate land grant status to the three first amendment would provide that Mr. President, I appreciate that we successor institutions to the former the Governor would retain his powers are late in this session of the Congress, College of Micronesia—the College of as Governor when he is temporarily ab- but these are important matters that Micronesia—FSM, the College of the sent from the territory on official busi- require the attention of the Congress. I May 23, 1996 CONGRESSIONAL RECORD — SENATE S5577 want to announce that the Committee (b) EXECUTION OF INSTRUMENTS.—The Sec- essary to provide for a secure and self-sus- on Energy and Natural Resources will retary of the Navy and the Administrator taining future for the local economy of the hold a hearing on this legislation on General Services shall execute all instru- Virgin Islands through 2020 and on the role of June 25, 1996 and at the same time we ments necessary to implement this section. the federal government in providing for that will review the report on the law en- SEC. 6. CLARIFICATION OF ALLOTMENT FOR TER- future. In developing recommendations, the RITORIES. Commission shall— forcement initiative in the common- Section 901(a), Part 1, title I of the Act of (A) solicit information and advice from wealth of the Northern Mariana Is- June 19, 1968 (42 U.S.C. 3791(a)), as amended, persons and entities that the Commission de- lands. I will not go into great detail on is further amended in paragraph (2) by termines have expertise to assist the Com- the situation in the Commonwealth changing the proviso to read as follows: ‘‘(2) mission in its work; other than to say that reforms need to ‘‘State’’ means any State of the United (B) examine and analyze historical data be implemented. We had extensive and States, the District of Columbia, The Com- since 1970 on expenditures for infrastructure detailed briefings and discussions with monwealth of Puerto Rico, the Virgin Is- and services; the Governor’s staff, the Federal offi- lands, American Samoa, Guam, and the Com- (C) analyze the sources of funds for such cials on the island, the Chamber of monwealth of the Northern Mariana Is- expenditures; Commerce, the legislature, the U.S. at- lands.’’ (D) assemble relevant demographic and torney and Federal judiciary. It is my SEC. 7. AMENDMENTS TO THE REVISED ORGANIC economic data, including trends and projec- ACT OF THE VIRGIN ISLANDS. tions for the future; and intention to move expeditiously on this (a) Section 7(a) of P.L. 90-496 (82 Stat. 839), (E) estimate future needs of the Virgin Is- legislation immediately after the hear- as amended, is futher amended by adding at lands, including needs for capital improve- ing is concluded. the end thereof ‘‘As used in this section, the ments, educational needs and social, health Mr. President, I ask unanimous con- term ’temporary absence’ shall not be con- and environmental requirements. sent that additional material be print- strued as being physically absent from the (2) The recommendations of the Commis- ed in the RECORD. territory while on official Government busi- sion shall be transmitted to the President, S. 1804 ness.’’ the Committee on Energy and Natural Re- Be it enacted by the Senate and the House of (b) Section 3 of P.L. 94–392 (90 Stat. 1195), sources of the United States Senate and the Representatives of the United States of America as amended, is further amended to read as Committee on Resources of the United in Congress assembled, follows: States House of Representatives no later SECTION 1. MARSHALL ISLANDS AGRICULTURAL (1) by inserting ‘‘hereinafter’’ between ‘‘ob- than December 1, 1997. The recommendations AND FOOD PROGRAMS. ligations’’ and ‘‘issued’’; shall be accompanied by a report that sets Paragraph (2) of subsection (h) of section (2) by deleting ‘‘priority for payment’’ and forth the basis for the recommendations and 103 of Public Law 99–239, as amended, is fur- inserting in lieu thereof ‘‘a parity lien with includes an analysis of the capability of the ther amended by striking the word ‘‘ten’’ every other issue of bonds or other obliga- Virgin Islands to meet projected needs based and inserting in lieu thereof the word ‘‘fif- tions hereinafter issued for payment’’; and on reasonable alternative economic, political teen’’ and by adding at the end of subpara- (3) by deleting ‘‘in the order of the date of and social conditions in the Caribbean, in- graph (B) ‘‘Such technical assistance, pro- issue’’. cluding the opening in the near future of grams and services shall ensure, on an ongo- (c) The provisions of section Cuba to trade, tourism and development. ing basis, that the commodities provided re- 149(d)(3)(A)(i)(I) and 149(d)(2) of the Internal (c) POWERS.— flect the changes in the population that have Revenue Code of 1986, as amended, shall not (1) The Commission may— occurred since the effective date of the Com- apply to bonds issued: (A) hold such hearings, sit and act at such pact.’’. (1) by an authority created by statute of times and places, take such testimony and SEC. 2. AMERICAN MEMORIAL PARK. the Virgin Islands legislature, the proceeds receive such evidence as it may deem advis- Section 5 of Public Law 95–348 is amended of which will be used to advance refund cer- able; by striking subsection (f), and renumbering tain bonds issued by such authority on July (B) use the United States mail in the same subsections (g) and (h) as subsections (f) and 8, 1992; or manner and upon the same conditions as (g), respectively. (2) by an authority created by statute of other departments and agencies of the Unit- SEC. 3. TERRITORIAL LAND GRANT COLLEGES— the Virgin Islands Legislature, the proceeds ed States; TECHNICAL AMENDMENT. of which will be used to advance refund cer- (C) enter into contracts or agreements for Subsection (b) of section 1361 of Public Law tain bonds issued by such authority on No- studies and surveys with public and private 96-374 is amended by striking the words ‘‘Au- vember 3, 1994. organizations and transfer funds to federal gust 30, 1980 (7 U.S.C. 327), commonly re- (d) The amendments made by subsections agencies to carry out such aspects of the ferred to as the Second’’ and inserting in lieu (b) and (c) shall apply to obligations issued Commission’s functions as the Commission thereof the words ‘‘July 2, 1862 (7 U.S.C. 305), on or after the date of enactment of this sec- determines can best be carried out in such commonly referred to as the First’’. tion. manner; and SEC. 4. AMENDMENT TO THE GUAM ORGANIC SEC. 8. COMMISSION ON THE ECONOMIC FUTURE (D) incur such necessary expenses and ex- ACT. OF THE VIRGIN ISLANDS. ercise such other powers as are consistent The Organic Act of Guam (48 U.S.C. 1421 et (a) ESTABLISHMENT AND MEMBERSHIP.— with and reasonably required to perform its seq.), as amended, is further amended by add- (1) There is hereby established a Commis- functions. ing at the end thereof the following new sec- sion on the Economic Future of the Virgin (2) The Secretary of the Interior shall pro- tion: Islands (the ‘‘Commission’’). The Commis- vide such office space, furnishings and equip- ‘‘SEC. 36. (a) At least 180 days before trans- sion shall consist of six members appointed ment as may be required to enable the Com- ferring to any Federal agency excess real by the President, two of whom shall be se- mission to perform its functions. The Sec- property located in Guam, the Administrator lected from nominations made by the Gov- retary shall also furnish the Commission of General Services shall notify the govern- ernor of the Virgin Islands. The President with such staff, including clerical support, as ment of Guam that the property is available shall designate one of the members of the the Commission may require and shall pro- under this section. Commission to be Chairman. vide to the Commission financial and admin- ‘‘(b) The Administrator shall transfer to (2) In addition to the six members ap- istrative services, including those related to the government of Guam all right, title, and pointed under paragraph (1), the Secretary of budgeting, accounting, financial reporting, interest of the United States in and to excess the Interior shall be an ex-officio member of personnel and procurement. real property located in Guam, by quit claim the Commission. (3) The President, upon request of the Com- deed and without reimbursement, if the gov- mission, may direct the head of any federal ernment of Guam, within 180 days after re- (3) Members of the Commission appointed agency of department to assist the Commis- ceiving notification under subsection (a) re- by the President shall be persons who by vir- garding the property, notifies the Adminis- tue of their background and experience are sion and if so directed such head shall— trator that the government of Guam intends particularly suited to contribute to achieve- (A) furnish the Commission to the extent to acquire the property under this section. ment of the purposes of the Commission. permitted by law and within available appro- ‘‘(c) For purposes of this section, the term (4) Members of the Commission shall serve priations such information as may be nec- ’excess real property’ means excess property without compensation, but shall be reim- essary for carrying out the functions of the (as that term is defined in section 3 of the bursed for travel, subsistence and other nec- Commission and as may be available to or Federal Property and Administrative Serv- essary expenses incurred by them in the per- procurable by such department or agency; ices Act of 1949, as in effect on the date of en- formance of their duties. and actment of the Guam Land Return Act) that (5) Any vacancy in the Commission shall (B) detail to temporary duty with the Com- is real property.’’. be filled in the same manner as the original mission on a reimbursable bases such person- SEC. 5. REPEAL OF LIMITATION ON USE OF appointment was made. nel within his administrative jurisdiction as LANDS BY THE GOVERNMENT OF (b) PURPOSE AND REPORT.— the Commission may need or believe to be GUAM. (1) The purpose of the Commission is to useful for carrying out its functions, each (a) IN GENERAL.—Section 818(b)(2) of Public make recommendations to the President and such detail to be without loss of seniority, Law 96–418 (94 Stat. 1782), is repealed. Congress on the policies and programs nec- pay or other employee status. S5578 CONGRESSIONAL RECORD — SENATE May 23, 1996 (d) CHAIRMAN.—Subject to general policies ious federal programs and grants that have It is almost 24 years since I first that the Commission may adopt, the Chair- been provided despite the clear intent of the came to the Senate and assumed the man of the Commission shall be the chief ex- Congress in approving section 108 of P.L. 101– chairmanship of the Subcommittee on ecutive officer of the Commission and shall 219 and explicit appropriations. That is a sit- Territories of the then Committee on exercise its executive and administrative uation that should be rectified immediately. powers. The Chairman may make such provi- Some of the present economic problems Interior and Insular Affairs. I thought sions as he may deem appropriate authoriz- might have been avoided with a continuing it was important to visit the areas ing the performance of his executive and ad- presence from the Department. While I sup- under the committee’s jurisdiction and ministrative functions by the staff of the port the Administration’s economic policy meet with the leadership. There is Commission. reforms being carried out in cooperation nothing that can replace that first- (e) APPROPRIATIONS.—There is authorized with the Asian Development Bank, those re- hand knowledge. Given the enormous to be appropriated such sums as may be nec- forms do not obviate the need for a full time workload of the committee and the essary to carry out the purposes of this sec- presence from the Department of the Inte- critical nature of the legislation before tion. rior in responding to the problems. us, it is often easy to overlook the (f) TERMINATION.—The Commission shall I think it is clear, however, that the Unit- terminate three months after the trans- ed States has much to offer the micronesian needs of the territories and freely asso- mission of the report and recommendations governments consistent with their sov- ciated states. I sincerely hope that under subsection (b)(2). ereignty and our fiscal limitations. Tech- other members of the committee will nical and other assistance in marine re- also visit these areas and come to ap- U.S. SENATE, COMMITTEE ON ENERGY sources and tourism will be important as preciate the unique needs and problems AND NATURAL RESOURCES, these countries attempt to develop their eco- that confront the residents. The re- Washington DC, March 11, 1996. nomic potential while preserving their cul- sponsibility for these areas is one of Hon. WILLIAM J. CLINTON, ture and traditions. Continued assistance in those unique constitutional authorities President of the United States, fiscal management will also be vital. The White House, I strongly suggest that you begin consider- entrusted to Congress by article IV. Washington, DC. ation of the Administration’s policy with re- In the time that I have been involved DEAR MR. PRESIDENT: Recently Senator spect to future assistance to the freely asso- with the insular areas, Congress has Akaka and I had the opportunity to meet ciated states now and that you do so in close enacted legislation providing full local with President Amata Kabua of the Republic consultation with the Congress. The history self-government to the Virgin Islands, of the Marshall Islands and his Cabinet and of the original approval of the Compacts in- Guam, and American Samoa—includ- later with President Bailey Olter of the Fed- dicates that the two years provided in sec- erated States of Micronesia and the Speaker ing the election of non-voting dele- tion 231 is wholly inadequate for negotia- gates to the House of Representatives. of their legislature. While we had frank and tions and Congressional consideration. It informative meetings, one issue arose in would be even worse if the Administration We have also terminated the Trust Ter- both meetings that we wanted to bring to waited any longer to begin to formulate its ritory of the Pacific Islands, leader to your attention and request your support. position. the emergence of three sovereign na- As you know, in 1986, the Republic of the I do want to emphasize the need for close tions in free association with the Unit- Marshall Islands and the Federated States of Congressional consultations. This Commit- ed States and a fully locally self-gov- Micronesia emerged from the former United tee, as well as the relevant House Commit- erning territory—the Commonwealth Nations Trust Territory of the Pacific Is- tees, were involved in the discussions and ne- lands as sovereign nations in free association of the Northern Mariana Islands. I also gotiations that led to the passage of the Cov- had the privilege of serving on the Ad with the United States. That status had been enant for the Northern Mariana Islands and requested by the Micronesian governments the Compacts for the three freely associated Hoc Advisory Group of Puerto Rico in the late 1960’s and negotiated with the states, and many of our concerns are re- with our former colleague Marlow United States over more than a decade. Con- flected in the final documents. Cook and former Governor Luis Munoz gress approved the Compacts of Free Asso- Sincerely, Marin. ciation for these two areas in Public Law 99– FRANK H. MURKOWSKI, I want to focus on one provision of 239, signed by the President on January 14, Chairman. this legislation, and that is the study 1986. That approval came after several years of Congressional consideration. of the future economic needs of the THE WHITE HOUSE, Virgin Islands. Since 1960, the Virgin Under the terms of the Compacts, the po- Washington, April 10, 1996. litical relationship is open ended, but the Islands has experienced enormous Hon. FRANK H. MURKOWSKI, federal assistance provisions terminate after U.S. Senate, growth and development. In large part, fifteen years, in 2001, with a possible two Washington, DC that growth resulted from increased year extension if negotiations on such assist- DEAR MR. CHAIRMAN: Thank you for your tourism after the closure of Cuba and ance have not concluded. Under section 231 letter regrading U.S. policy toward the Fed- also from improved transportation of the Compacts, negotiations on those pro- erated States of Micronesia and the Republic links to the Islands. Another compo- visions that expire at the end of fifteen years of the Marshall Islands. These former parts shall commence no later than in year thir- nent was the favorable trade status of of the Trust Territory of the Pacific Islands the Virgin Islands, which is outside the teen, in 1999. The leadership in both coun- make an important contribution to our secu- tries strongly urged that discussions begin rity presence in the Asia-Pacific region. customs territory of the United States. prior to that time. I support that request. We are working closely with Micronesia Those underpinnings are about to dis- In addition to the critical strategic and and the Marshall Islands to ensure the near- appear. NAFTA and other trade agree- policy interests of the United States in each ly $2 billion in scheduled U.S. assistance ments are eroding the trade advantages of these areas, we have developed a close from over forty agencies is effectively and that the Virgin Islands has enjoyed. and, I hope, an enduring relationship based efficiently used. The Interior Department on mutually shared values. the political de- Within the foreseeable future, we will has dedicated substantial personnel re- have a post-Castro Cuba that will like- velopment of the freely associated states and sources for this purpose. their emergence from the United Nations I look forward to working with you and ly challenge the Virgin Islands tourist trusteeship system was done peacefully. The other members of your committee to support industry. Rather than waiting for those option of free association was a decision the exciting process of nation-building that events to happen, it is essential that made by the Micronesians at a time when is taking place in these former parts of the we—the Virgin Islands and the federal full independence was the mark of Trust Territories. government—begin to plan for the fu- decolonization elsewhere in the world. While Sincerely, ture. This legislation calls for the cre- there have been significant developments in BILL CLINTON.∑ the ten years of the Compacts, the process of ation of a Commission on the Eco- nation-building is not simple nor without ∑ Mr. JOHNSTON, Mr. President, I am nomic Future of the Virgin Islands. setbacks and problems. The relationship is pleased to join in the introduction of The Commission would carry out an in- unique, and while I understand that there this legislation that will address sev- depth study of what will need to be are some who find it troubling, I think an eral important areas of concern in the done to provide a transition for the honest review would demonstrate that it has territories and freely associated states. Virgin Islands to a fully self-sustaining exceeded the expectations of all parties. Many of the provisions result from a local economy and what the federal I do have some concerns with how the recent trip that the chairman of the present relationship has been implemented, government needs to do to facilitate not the least of which is the failure of the Committee on Energy and Natural Re- that transition. Department of the Interior to assign an indi- sources, Senator MURKOWSKI, and Sen- I am pleased to cosponsor this legis- vidual to each of the freely associated states ator AKAKA recently took to most of lation and I look forward to the hear- to provide assistance and monitor the var- the Pacific insular areas. ings that the Committee will conduct May 23, 1996 CONGRESSIONAL RECORD — SENATE S5579 in the next several weeks. At that time But in recent years, the American was struck by the fact that hardly any- we will also review the report from the people have been forced to watch Gov- one—with the exception of park offi- Administration on the law enforcement ernment expand its role in our daily cials and a few scattered visitors—was initiative in the Commonwealth of the lives through the use of laws, rules, there. It was only when I drove through Northern Mariana Islands. I was the and regulations—to the point of inter- the neighboring city of International floor manager for the Covenant, and I ference. Instead of receiving its power Falls, MN, that I did see a number of take particular pride in the accom- from the people, it has usurped that tourists and visitors—in line—waiting plishments that have occurred in the authority and as a result, abandoned to pass through customs—on their way past twenty years. The Northern Mari- any sense of public accountability. to Canada. anas entered territorial status heavily As a result, many people believe that In 1983, Congress called for the Park dependent on federal support for basic they have lost control of their Govern- Service to create a comprehensive visi- government operations. In twenty ment—indeed a growing number of us tor use and facilities plan which would years, the territory has progressed to feel that the Government now controls lay out a strategy to increase park use. the point that it no longer requires di- us. In spite of Congress’ directive, no at- rect assistance in operations and is ca- There is no better example of this tempt to carry out the study ever oc- pable of matching federal grants for shift in power than in the Federal Gov- curred—perhaps due to the Park Serv- capital infrastructure. That progress ernment’s management of our natural ice’s belief that the park was not being has had a price, however, and I intend resources and public lands, particularly underutilized, bureaucratic stone- to very carefully examine the labor sit- as it has affected the people of my walling, or maybe just out of simple uation and the continued reports of home state in the controversy sur- negligence. Whatever the reason, Voya- abuse, especially in the garment indus- rounding Voyageurs National Park. geurs National Park today remains try. While I fully support the authority The Park, now comprising 218,000 underutilized—an isolated enclave— for local self-government conferred acres in northern Minnesota, was cre- with the people of northern Minnesota under the Covenant, that grant also in- ated in 1971 and established as part of forced to pay the price of the National cluded the responsibility for exercising the National Park System in 1975 fol- Park Service’s mismanagement. that authority properly. lowing years of contentious debate and The Park Service and the U.S. Fish In that context, on July 20, 1995, the public hearings. While a number of and Wildlife Service have also worked Senate passed S. 638, a bill containing, local residents supported the creation together to curtail legitimate visitor among other things, significant provi- of the park, they did so after promises access to and use in the Park. Under sions addressing labor issues in the by the Federal Government of in- the guise of the Endangered Species Commonwealth of the Northern Mari- creased economic growth in the region; Act, certain bays were shut off to ana Islands. The House has not yet re- maintenance of the Park as a multiple snowmobiling in order to protect the sponded to this important legislative recreational use facility, for rec- nesting habitat of bald eagles. While initiative. My hope is that we can ob- reational activities like snowmobiling; everyone agreed that the eagles should tain House action on S. 638 soon—in and the continued use of input from be protected, many believed that both time for the 104th Congress to act to the public into the management of the agencies failed to give valid, scientific address these problems.∑ park. reasons for closing off the bays. Re- But as the years passed, those prom- cently, a Federal district judge ruled By Mr. GRAMS: ises fell by the wayside, leaving local that Federal bureaucrats had abused S. 1805. A bill to provide for the man- residents out in the cold and under- the Endangered Species Act to unfairly agement of Voyageurs National Park, standably distrustful of government restrict snowmobile access in the bays. and for other purposes; to the Commit- bureaucrats who have been unaccount- It is sadly ironic that it took a Federal tee on Energy and Natural Resources. able to the people they are supposed to judge to recognize a legitimate use in VOYAGEURS NATIONAL PARK ACCESSIBILITY AND serve and unresponsive to their needs. the Park—something the Park Service PARTNERSHIP ACT Instead of working for the people, the and Fish and Wildlife Service have Mr. GRAMS. Mr. President, there is a Federal Government has consistently failed to comprehend. march toward democracy afoot in ignored their concerns and in some But perhaps the greatest example of America today. cases, actually worked against them. arrogance on the part of the Federal That statement may seem surprising; For example, the people of northern Government concerns the question of after all, why would such a movement Minnesota were promised that in ex- wilderness designation within the be needed? We Americans take pride in change for giving up their rights to the Park. Despite the clearly expressed in- the fact that our Government is based land that would comprise the Park, tent of Congress that Voyageurs Na- on the pursuit of democracy—in the they would receive opportunities to tional Park was to be a multiple rec- words of Abraham Lincoln, ‘‘a govern- boost their local economy. In fact, reational use facility, the Park Service ment of the people, by the people and upon creation of the Park, Federal offi- has continued to manage certain por- for the people.’’ And that principle cials estimated that it would host over tions of the Park for wilderness study should have as much relevance today 1.3 million visitors each year, thereby characteristics. One need go no further as it did when President Lincoln deliv- providing much-needed economic than to ask my colleague from Min- ered the Gettysburg Address 130 years growth for the surrounding commu- nesota, Representative JIM OBERSTAR, ago—but does it? nities. who helped create the Park when he In theory perhaps, but as a practical But the road toward economic pros- served as a Congressional staffer, about matter, it seems that the words of Lin- perity never found its way through the intent of Congress that it was to be coln have been steadily eroded by the Voyageurs National Park. Park offi- open for multiple use. Yet, major seg- recent surge in the size and power of cials currently estimate the annual ments of the Park continue to be shut the Federal Government. And with number of visitors at 200,000—less than off to legitimate and recognized mul- that growth in Washington has come one-sixth their initial projection. Even tiple uses—such as snowmobiling, boat- the slow but unmistakable shift in worse, the Park Service has tried to ing and dog sledding—further breaking power from the people to the govern- cover its tracks by suggesting that the the long-standing commitments made ment. park—despite its low visitor rate—is to northern Minnesotans. Under a democracy, government is not underutilized. Mr. President, as much as we would needed to establish and enforce the While the facts and figures certainly like to, we cannot rewrite the history fundamental rules by which our society counter the Park Service’s assertion, of Voyageurs National Park or simply operates—with the express support of nothing beats a first-hand assessment wave a magic wand to right the wrongs the people. It is there to protect the of park use. So, on a beautiful Satur- to which the people of northern Min- rights of individuals and to step in day last July, I visited Voyageurs Na- nesota have been subjected over the when those rights come into conflict— tional Park. While admiring the beauty last 25 years. But we can and must take to resolve disputes between people, not and historical significance of the lands action to ensure that history does not to create them. and waters enclosed within the park, I repeat itself—that future management S5580 CONGRESSIONAL RECORD — SENATE May 23, 1996 of the Park be conducted in accordance agement of the Park is conducted by cess. On one of those closed off trails, with the views of the people. agreement, not edict. It will ensure Carol said, rests a memorial to her fa- For that reason, today, I am intro- that everyone has a seat at the table ther placed by the Park Service. With ducing legislation which would help re- when the decisions are made. Above tears in her eyes, she said that because solve this controversy by bringing de- all, this new management council will of the inaccessibility of the trail, she mocracy and government accountabil- return democracy to the preservation has never been able to visit her father’s ity back to Voyageurs National Park. of Voyageurs National Park. It will re- memorial. Under my legislation, a new Planning turn to the people of northern Min- ‘‘My father died knowing that he had and Management Council will be nesota a voice in how the park is oper- been lied to,’’ said Carol. ‘‘He died charged with developing and monitor- ated and its impact on their commu- apologizing to me, his grandson, his ing a comprehensive management plan. nities, economy and livelihood. community. On his death bed, I prom- It will consist of 11 members appointed Mr. President, I spoke earlier today ised that I would fulfill his wish and by the Secretary of the Interior and of a growing movement toward democ- tell the story of how he was misled in will include representatives from Fed- racy in America—born in the heartland his support for Voyageurs National eral, State, local and tribal govern- of our Nation, led by the American peo- Park.’’ ments. ple, and headed toward Washington. Indeed, she did—as did many other of The management council will be au- Since holding two public field hearings my fellow Minnesotans. We cannot for- thorized to create Advisory Councils in Minnesota on this issue last year, I get their words or discard their testi- made up of individuals representing di- have heard from numerous citizen or- monies. In the sterile halls of the Fed- verse interests. All council meetings ganizations, community leaders, and eral buildings here in Washington, the will be open to the public, who will be average Minnesotans about the man- words of Carol Selsaas and others may given opportunities to provide com- agement of the park and how their not mean much, but to me, they describe the heartfelt emotions and pas- ment on agenda items. daily lives are affected by it. Mr. President, under my bill, public Their message is simple: Let us have sions about the culture of northern input will no longer be ignored—in a say in how our natural resources are Minnesota—a culture that Washington may not understand, but cannot take fact, it will be encouraged as part of maintained—return some of the power for granted. the management process. to the people—give us back our govern- Finally, my legislation will prohibit Nor can we hide in the halls of Con- ment and our country. The silent ma- gress from the march of democracy the Park Service from issuing any ad- jority, which has been suppressed for so ditional regulations regarding the Park that is spreading throughout the heart- many years, is now finding its voice land of our country. If we are truly between enactment of this bill and the again—and it is our responsibility to Secretary’s final approval of the man- committed to operating as the open de- listen to it and act upon it. By con- mocracy described by President Lin- agement plan, except in cases of rou- ducting our field hearings, which at- coln, we must turn the tide and return tine administration, law enforcement tracted well over 2,000 Minnesotans, we power back to its legitimate source in need and emergencies. took the first step by listening. Now, To better understand how this new America: the people. we must move ahead and take action. The legislation I introduce today is a management council will improve the During those hearings, I heard a necessary step in bringing the prin- situation in northern Minnesota, one number of people give profound and ciples of democracy back to one small, need look no further than the recent often moving testimony. Many pre- but important region of our Nation. ban that was proposed by the National sented facts and figures—invaluable Let us no longer obstruct the march of Park Service on the use of live bait data about the history and manage- democracy but help pave the way for it within the interior lakes of Voyageurs ment about the park. But what struck across America. National Park—one imposed without me the most during the hearings were Mr. President, I ask unanimous con- the solicitation of public input or noti- the personal stories—the real-life ac- sent that the test of the bill be printed fication to area fisherman and the Min- counts about how the Federal Govern- in the RECORD. nesota Department of Natural Re- ment and its mismanagement of Voya- There being no objection, the bill was sources. geurs National Park has truly changed ordered to be printed in the RECORD, as This unilateral action taken by the the lives of the people it was created to follows: Park Service naturally created enor- serve. S. 1805 mous controversy and outrage in One of these stories belonged to Carol Be it enacted by the Senate and House of Rep- northern Minnesota. As one State offi- Selsaas of Cohasset, MN. In her testi- resentatives of the United States of America in cial said at the time, ‘‘It was a big sur- mony, Carol described the work of her Congress assembled, prise to us * * *. There was no prior late father, George Esslinger, who was SECTION 1. SHORT TITLE. discussion with us on the ban. There’s one of the strongest supporters in This Act may be cited as the ‘‘Voyageurs a longstanding tradition in the park of northern Minnesota for the creation of National Park Accessibility and Partnership Act of 1996’’. being able to use live bait.’’ Voyageurs National Park. After many of us raised our objec- SEC. 2. FINDINGS. Carol said: Congress finds that— tions and outrage over the ban, the For over 9 years, my father worked with (1) Voyageurs National Park serves as a Park Service backpedaled, then lifted other men and women to fight for the cre- unique federal park unit in 1 of the Nation’s the ban, stating that it had misread ation of the park. He assisted the Depart- distinguished natural ecosystems; the law. In doing so, the Superintend- ment of the Interior in physically identify- (2) Voyageurs National Park shall serve as ent of the Park was quoted in the pa- ing the boundaries of the park. He traveled a year-round multiple-use recreational unit pers saying, ‘‘I had no idea this was and spoke in favor of the park. He gave his as mandated under Public Law 91–661; going to be a problem. If I had known, heart and soul to the park. He believed the (3) current management of Voyageurs Na- area he supported for a national park should trust me, I would have dealt with it tional Park has unilaterally restricted use be maintained for the enjoyment of all peo- and accessibility within certain portions of differently.’’ ple: snowmobilers, cross country skiers, the park; Mr. President, think about those boaters, hikers, fishermen, hunters, yes and (4) intergovernmental cooperation that re- words for a second. According to the even dog sledders. He felt that this would be spects and emphasizes the role of State, Park Service, if they had just known, a park for everyone who had respect for this local, and tribal governments in land man- they never would have tried to impose land, not one locked up except for a chosen agement decision-making processes is essen- their will on the people. If they had few. tial to optimize the protection and develop- just known, just listened, just sought Carol went on to describe how her fa- ment of social, historical, cultural, and rec- input, none of this would have hap- ther supported the park with the un- reational resources; and derstanding that the trails and roads (5) the national interest is served by— pened. That is exactly what we are (A) improving the management and protec- seeking today. already established—over 200 miles on tion of Voyageurs National Park; My legislation would avoid such em- the Kabetogama Peninsula alone— (B) ensuring appropriate public access, en- barrassments in the future by bringing would be maintained. To date, all but joyment, and use throughout Voyageurs Na- everyone together to ensure that man- 12 miles are now closed off to public ac- tional Park; and May 23, 1996 CONGRESSIONAL RECORD — SENATE S5581

(C) allowing Federal, State, local, and trib- ‘‘(2) PROCUREMENT OF TEMPORARY SERV- amounts as the Council shall request, not to al governments to engage in an innovative ICES.—The Council may procure temporary exceed $150,000 for the fiscal year. management partnership in Federal land and intermittent services under section ‘‘(l) TERMINATION OF COUNCIL.—The Council management decisionmaking processes. 3109(b) of title 5, United States Code. shall terminate on the date that is 10 years SEC. 3. PLANNING AND MANAGEMENT COUNCIL. ‘‘(3) ADMINISTRATIVE SUPPORT SERVICES.— after the date of enactment of this sub- Public Law 91–661 (16 U.S.C. 160 et seq.) is The Administrator of General Services shall section. amended— provide to the Council, on a reimbursable ‘‘SEC. 305. MANAGEMENT PLAN. (1) by redesignating sections 304 and 305 (16 basis, such administrative support services ‘‘(a) SCHEDULE.— U.S.C. 160i and 160j) as sections 306 and 307, as the Council requests. ‘‘(1) IN GENERAL.—Not later than 3 years respectively; and ‘‘(4) PROVISION BY THE SECRETARY.—On a after the date of enactment of this sub- (2) by inserting after section 303 (16 U.S.C. request by the Council, the Secretary shall section, the Council shall submit to the Sec- 160h) the following: provide personnel, information, and services retary and the Governor of Minnesota a com- ‘‘SEC. 304. PLANNING AND MANAGEMENT COUN- to the Council to carry out this Act. prehensive management plan (referred to in CIL. ‘‘(5) PROVISION BY OTHER FEDERAL DEPART- this section as the ‘plan’) for the park, to be ‘‘(a) ESTABLISHMENT.—There is established MENTS AND AGENCIES.—A Federal agency developed and implemented by the respon- the Voyageurs National Park Intergovern- shall provide to the Council, on a reimburs- sible Federal agencies, the State of Min- mental Council (referred to in this Act as the able basis, such information and services as nesota, and local political subdivisions. ‘Council’). the Council requests. ‘‘(2) PRELIMINARY REPORT.—Not later than ‘‘(b) DUTIES OF THE COUNCIL.—The Council ‘‘(6) PROVISION BY THE GOVERNOR.—The 1 year after the date of the first meeting of shall develop and monitor a comprehensive Governor of Minnesota may provide to the the Council, the Council shall submit a pre- management plan for the park in accordance Council, on a reimbursable basis, such per- liminary report to the Secretary describing with section 305. sonnel and information as the Council may the process to be used to develop the plan. ‘‘(c) MEMBERSHIP.—The Council shall be request. ‘‘(b) DEVELOPMENT OF PLAN.— composed of 11 members, appointed by the ‘‘(7) SUBPOENAS.—The Council may not ‘‘(1) IN GENERAL.—In developing the plan, Secretary, of whom— issue a subpoena nor exercise any subpoena the Council shall examine all relevant is- ‘‘(1) 1 member shall be the Assistant Sec- authority. sues, including— retary for Fish and Wildlife and Parks, or a ‘‘(i) PROCEDURAL MATTERS.— ‘‘(A) appropriate public access and rec- designee; ‘‘(1) GUIDELINES FOR CONDUCT OF BUSI- reational use, including— ‘‘(2) 3 members shall be appointed, from NESS.—The following guidelines apply with ‘‘(i) snowmobiling opportunities; recommendations by the Governor of Min- respect to the conduct of business at meet- ‘‘(ii) campsites and trails; nesota, to represent the Department of Natu- ings of the Council: ‘‘(iii) the management policies of harvest- ral Resources, the Office of Tourism, and the ‘‘(A) OPEN MEETINGS.—Each meeting shall ing fish and wildlife; Environmental Quality Board, of the State be open to the public. ‘‘(iv) aircraft access throughout the park; of Minnesota; ‘‘(B) PUBLIC NOTICE.—Timely public notice ‘‘(v) policies affecting hiking, bicycling, ‘‘(3) 1 member shall be a commissioner of each meeting, including the time, place, snoeshoeing, skiing, current watercraft op- from each of the counties of Koochiching and and agenda of the meeting, shall be pub- portunities, and other recreational activities Saint Louis, appointed from recommenda- lished in local newspapers and such notice the Council considers appropriate for the tions by each of the county boards of com- may be given by such other means as will re- park; and missioners; sult in wide publicity. ‘‘(vi) visitation and services at the Kettle ‘‘(4) 1 member shall be a representative ‘‘(C) PUBLIC PARTICIPATION.—Interested Falls facilities; from the cities of International Falls and persons shall be permitted to give oral or ‘‘(B) the proper distribution of visitors in Orr, appointed from recommendations by written statements regarding the matters on the park; each of the city councils; the agenda at meetings. ‘‘(C) a comprehensive visitor education ‘‘(5) 1 member shall be a State senator who ‘‘(D) MINUTES.—Minutes of each meeting program; and represents a legislative district that con- shall be kept and shall contain a record of ‘‘(D) the need for wilderness management tains a portion of the park, appointed from a the persons present, an accurate description for certain areas of the park. recommendation by the Governor of Min- of all proceedings and matters discussed and ‘‘(2) CONDITIONS.—In carrying out subpara- nesota; conclusions reached, and copies of all state- graphs (A) through (D) of paragraph (1), the ‘‘(6) 1 member shall be a State representa- ments filed. Council shall— tive who represents a legislative district ‘‘(E) PUBLIC INSPECTION OF RECORD.—The ‘‘(A) be subject to relevant environmental that contains a portion of the park, ap- administrative record, including minutes re- law; pointed from a recommendation by the Gov- quired under subparagraph (D), of each meet- ‘‘(B) consult on a regular basis with appro- ernor of Minnesota; ing, and records or other documents that priate officials of each international, Fed- ‘‘(7) 1 member shall be an elected official were made available to or prepared for or by eral, or State agency or local government from the Northern Counties Land-Use Co- the Council incident to the meeting, shall be that has jurisdiction over land or water in ordinating Board, appointed from rec- available for public inspection and copying the park; ommendations by the Board; and at a single location. ‘‘(C) consult with interested conservation, ‘‘(8) 1 member shall be an elected official of ‘‘(2) NEW INFORMATION.—At any time when sportsperson, business, professional, civic, the Native American community to rep- the Council determines it appropriate to and citizen organizations; and resent the 1854 Treaty Authority, appointed consider new information from a Federal, ‘‘(D) conduct public meetings at appro- from recommendations by the Authority. State, or local agency or from a Council ad- priate places to provide interested persons ‘‘(d) ADVISORY COMMITTEES.— visory body, the Council shall give full con- the opportunity to comment on matters to ‘‘(1) IN GENERAL.—The Council may estab- sideration to new information offered at that lish 1 or more advisory committees for con- be addressed by the plan. time by interested members of the public. sultation, including committees consisting ‘‘(3) PROHIBITED CONSIDERATIONS.—The Interested parties shall have a reasonable op- of members of conservation, sportsperson, Council may not consider— portunity to respond to new data or informa- business, professional, civic, and citizen or- ‘‘(A) removing park designation; or tion before the Council takes final action on ganizations. ‘‘(B) allowing mining, logging, or commer- management measures. cial or residential development. ‘‘(2) FUNDING.—An advisory committee es- ‘‘(j) COMPENSATION.— tablished under paragraph (1) may not re- ‘‘(4) REPORT.—The Council shall report to ‘‘(1) IN GENERAL.—A member of the Council ceive any amounts made available to carry the International Joint Commission on who is not an officer or employee of the Fed- out this Act. water levels in the Rainy Lake Watershed, eral government shall serve without pay ‘‘(e) QUORUM.—A majority of the members pursuant to the Convention Providing for of the Council shall constitute a quorum. when carrying out duties pursuant to this Emergency Regulation of the Level of Rainy ‘‘(f) CHAIRPERSON.— Act. Lake and of Certain Other Boundary Waters, ‘‘(1) ELECTION.—The members of the Coun- ‘‘(2) TRAVEL EXPENSES.—While away from signed at Ottawa September 15, 1938 (54 Stat. cil shall elect a chairperson of the Council the home or regular place of business of the 1800). from among the members of the Council. member in the performance of services for ‘‘(c) APPROVAL OF PLAN.— ‘‘(2) TERMS.—The chairperson shall serve the Council, a member of the Council shall ‘‘(1) SUBMISSION TO SECRETARY AND GOV- not more than 2 terms of 2 years each. be allowed travel expenses, including per ERNOR.—The Council shall submit the plan to ‘‘(g) MEETINGS.—The Council shall meet at diem in lieu of subsistence, in the same man- the Secretary and the Governor of Minnesota the call of the chairperson or a majority of ner as persons employed intermittently in for review. the members of the Council. Federal Government service are allowed ex- ‘‘(2) APPROVAL OR DISAPPROVAL BY SEC- ‘‘(h) STAFF AND SERVICES.— penses under section 5703 of title 5, United RETARY.— ‘‘(1) STAFF OF THE COUNCIL.—The Council States Code. ‘‘(A) REVIEW BY THE GOVERNOR.—The Gov- may appoint and fix the compensation of ‘‘(k) FUNDING.—Of amounts appropriated to ernor may comment on the plan not later such staff as the Council considers necessary the National Park Service for a fiscal year, than 60 days after receipt of the plan from to carry out this Act. the Secretary shall make available such the Council. S5582 CONGRESSIONAL RECORD — SENATE May 23, 1996 ‘‘(B) SECRETARY.— LEGISLATION TO CONTROL HERBAL STREET to actual MDMA or Ecstacy’’—a dan- ‘‘(i) IN GENERAL.—The Secretary shall ap- DRUGS gerous, illegal street drug. The market- prove or disapprove the plan not later than ∑ Mr. D’AMATO. Mr. President, today I ing brochure for this product further 90 days after receipt of the plan from the am introducing legislation—along with states that it ‘‘acts on the same basis Council. my colleagues Senators DODD and ‘‘(ii) CRITERIA FOR REVIEW.—In reviewing as MDMA, triggering similar, but not the plan, the Secretary shall consider— FRIST—to control the growing problem identical, physical reactions in the ‘‘(I) the adequacy of public participation; of dangerous herbal stimulants that body.’’ This is just outrageous. ‘‘(II) assurances of plan implementation are marketed and sold as alternatives In addition, many of these products from State and local officials in Minnesota; to powerful and illegal street drugs. falsely claim to be safe and tested. ‘‘(III) the adequacy of regulatory and fi- This carefully-drafted bill will make Some are even advertised as ‘‘100 per- nancial tools that are in place to implement these herbal street drugs subject to cent and FDA approved’’ and as ‘‘100 the plan; pre-market safety reviews and allow percent natural . . . with no side ef- ‘‘(IV) provisions of the plan for continuing the Food and Drug Administration, the fects’’. As Peter’s death clearly dem- oversight by the Council of implementation of the plan; and FDA, to take prompt and decisive ac- onstrates, however, these products can ‘‘(V) the consistency of the plan with Fed- tion against this narrow class of prod- be deadly, and none are FDA-approved. eral law. ucts. How can the producers of these herbal ‘‘(iii) NOTIFICATION OF DISAPPROVAL.—If the I strongly support the right of the street drugs claim that they are safe Secretary disapproves the plan, the Sec- American people to have access to le- and tested when they can produce such retary shall, not later than 30 days after the gitimate dietary supplements, and I tragic results? This is wrong and must date of disapproval, notify the Council in want to clearly state that this bill will be stopped. writing of the reasons for the disapproval not limit that access. However, herbal The manner in which these products and provide recommendations for revision of street drugs are not legitimate dietary the plan. are marketed invites misuse by ‘‘(C) REVISION AND RESUBMISSION.—Not supplements. They are quite simply unsuspecting young people. These prod- later than 60 days after receipt of a notice of dangerous products masquerading as ucts are advertised as alternatives to disapproval under subparagraph (B) or (D), dietary supplements to evade Govern- street drugs. They are intended to get the Council shall revise and resubmit the ment review and sanctions. young people high. And what happens plan to the Secretary for review. Mr. President, on March 7, 1996, one when the recommended dosage doesn’t ‘‘(D) APPROVAL OR DISAPPROVAL OF REVI- of these products, called Ultimate achieve the desired high? Then, the SION.—The Secretary shall approve or dis- Xphoria, killed 20-year-old Peter claims that these products are safe, approve a plan submitted under subpara- Schlendorf of Northport, NY. Peter, a graph (C) not later than 30 days after receipt natural and thoroughly tested lure of the plan from the Council. junior at the State University of New young people into taking larger dos- York at Albany, died from a lethal ages. Indeed, some sellers are telling ‘‘(d) REVIEW AND MODIFICATION OF IMPLE- combination of herbal stimulants MENTATION OF PLAN.—The Council— people to take two, three and four ‘‘(1) shall review and monitor the imple- found in this product. A statement is- times the recommended dosage to mentation of the plan; and sued by the medical examiner’s office achieve the desired high. ‘‘(2) may, after providing for public com- in Panama City, FL, where Peter died, Mr. President, the legislation that I ment and after approval by the Secretary, specifically states that Peter’s death am introducing today will help to en- modify the plan, if the Council and the Sec- ‘‘was a result of the use of Ultimate sure that no more young people die retary determine that the modification is Xphoria, an herbal product containing from these dangerous products. The necessary to carry out this Act. Ma Huang.’’ Ma Huang—also known as bill amends the Federal Food, Drug, ‘‘(e) INTERIM PROGRAM.—Before the ap- Ephedra—is a botanical source of the and Cosmetic Act to clarify that a die- proval of the plan, the Council shall advise powerful stimulant ephedrine. The tary supplement shall be considered a and cooperate with appropriate Federal, medical examiner’s statement lists Pe- drug if its label or labeling claims or State, local, and tribal governmental entities to minimize adverse impacts on the ter’s cause of death as the ‘‘synergistic implies that the dietary supplement park. effect of ephedrine’’ and several other produces euphoria, heightened aware- herbal stimulants contained in this ness or similar mental or psychological ‘‘(f) NATIONAL PARK SERVICE REGULA- TIONS.—During the period beginning on the product. The statement further ex- effects. As a result, this narrow class of date of enactment of this subsection and plains that these stimulants ‘‘can have dangerous products will be subject to ending on the date a management plan is ap- an adverse effect on the heart and the same premarket safety reviews as proved by the Secretary under subsection central nervous system.’’ other drugs, and the FDA will have en- (c)(2), the Secretary may not issue any regu- Mr. President, I am committed to hanced authority to take prompt and lation that relates to the park, except for— doing everything that I can to ensure decisive action against them. Now, the ‘‘(1) regulations required for routine busi- that no more young people die from FDA will be able to quickly pull these ness, such as maintenance, visitor education, these dangerous herbal street drugs. and law enforcement; and herbal street drugs, like the one that ‘‘(2) emergency regulations. And let me be perfectly clear: if Con- killed Peter Schlendorf, from stores be- gress fails to act, it will just be a mat- fore they kill again. This legislation is ‘‘(g) STATE AND LOCAL JURISDICTION.— Nothing in this Act diminishes, enlarges, or ter of time before these products kill necessary to protect the health of the modifies any right of the State of Minnesota more young people. American public, particularly its or any political subdivision of the State to— This is a battle to protect our chil- youth, who are obviously the target of ‘‘(1) exercise civil and criminal jurisdic- dren. The slick peddlers of these herbal these dangerous herbal street drugs. tion; street drugs have specifically targeted Again, let me clearly state that this ‘‘(2) carry out State fish and wildlife laws young people. They sell their products bill has been carefully drafted to main- in the park; or in novelty shops, using flashy signs and tain the public’s continued access to le- ‘‘(3) tax persons, corporations, franchises, posters that appeal to and attract ado- gitimate dietary supplements. For ex- or private property on land and water in- lescents. They give their products cluded in the park.’’. ample, it will not limit access to either names like Cloud 9, Herbal Ecstacy, Ul- over-the-counter drugs, such as timate Xphoria, Magic Mushrooms and By Mr. D’AMATO (for himself, Sudafed, or legitimate dietary supple- E-Ludes. ments, such as herbal teas, that con- Mr. DODD and Mr. FRIST): Using the Internet and showy bro- tain ephedra or its related products. S. 1806. A bill to amend the Federal chures, they hawk their dangerous I am certain that no Member of Con- Food, Drug, and Cosmetic Act to clar- wares with promises of ‘‘euphoric stim- gress envisioned that the Dietary Sup- ify that any dietary supplement that ulation, highly increased energy levels, plement Health and Education Act of claims to produce euphoria, heightened tingly skin sensations, increased sex- 1994—the Dietary Supplement Act— awareness or similar mental or psycho- ual sensations, enhanced sensory proc- would protect dangerous products like logical effects shall be treated as a essing and mood elevations.’’ One prod- these herbal street drugs, but these drug under the Act, and for other pur- uct, called Herbal Ecstacy, even claims products are currently covered by the poses; to the Committee on Labor and that it is ‘‘a carefully formulated and literal language of that act. Since Human Resources. thoroughly tested organic alternative these products are considered dietary May 23, 1996 CONGRESSIONAL RECORD — SENATE S5583 supplements under current law, the in the Dietary Supplement Act. That They don’t call it ‘‘ultimate’’ for nothing! FDA’s authority to regulate them is act was intended to promote the public This puts everything else I’ve tried to significantly limited. For example, health. Congressional findings in sec- shame!! these products are not currently sub- tion 2 of the act cite the role of a Now, Mr. President, I guess we might ject to premarket safety reviews. In ad- healthy diet, including safe dietary feel differently if we knew these prod- dition, the FDA cannot regulate herbal supplements in disease prevention, ucts were without risk. But the fact is, street drugs as a class, but instead long-term good health, and reducing they have proven deadly. Peter must take action against each product health care costs. Far from promoting Schlendorf, a 20-year-old from York, individually. Indeed, the FDA must the public health, herbal street drugs FL, died because he took one of these prove that a particular formulation of endanger the health and safety of con- products. The cause of death was iden- an herbal street drug ‘‘presents a sig- sumers and give rise to unnecessary tified by the medical examiner’s office nificant or unreasonable risk of illness medical costs. in the Florida town where Peter died. or injury’’ before it can take any ac- These dangerous products are not The makers of these products claim tion against the product. This is a taken for nutritional purposes or to they are nutritional supplements, le- lengthy process that can take years. otherwise improve health and thus are gitimately sold and promoted. They Moreover, under current law, an not within the intended coverage of the point to a law passed a couple of years herbal street drug manufacturer can Dietary Supplement Act. The manufac- ago that was meant to govern legiti- easily evade an FDA enforcement ac- turers of herbal street drugs should not mate dietary supplements, that im- tion simply by changing the composi- be permitted to abuse the Dietary Sup- prove health and nutrition. But make tion of its product, while continuing to plement Act by using it to legitimize no mistake. These products do nothing make the same labeling claims for the marketing of dangerous products. to improve health and nutrition. drug-like mental and psychological ef- A narrowly drafted statutory amend- So, the legislation we are proposing fects. Each time the product formula ment to correct the inclusion of herbal today is very simple. It says that prod- changes, the FDA must evaluate the street drugs in the language of the act ucts claiming to produce euphoria, new formula and build its case from would achieve the intent of Congress heightened awareness or similar men- the beginning. The product formula by closing a loophole that Congress tal or psychological effects shall be thus becomes a moving target that the never intended to create. treated as a drug. It would make the FDA must chase. The FDA should not Herbal street drugs killed young products subject to the same review, by have to chase herbal street drugs. Peter Schlendorf. We have to make the U.S. Food and Drug Administra- Some will argue that this legislation sure that this does not happen again. tion, as other drugs. The products are is unnecessary and that the FDA al- We have carefully drafted this legisla- not banned. And the bill will have no ready has the authority to take action tion to target the narrow class of prod- effect on legitimate dietary supple- against herbal street drugs, but the ucts that killed Peter—products that ments. It only will affect products that clever producers and marketers of are being marketed and sold to young are marketed and sold as alternatives these herbal street drugs have been people as safe and legal alternatives to to powerful street drugs. careful to take advantage of the pro- dangerous, illegal street drugs. We Mr. President, it is my hope that we tections afforded legitimate dietary must take action quickly. I urge my can act quickly on this legislation and supplements under the Dietary Supple- fellow Senators to support this effort prevent the kind of tragedy experi- and quickly pass this legislation. If we ment Act. For example, under that act, enced by the Schlendorfs.∑ a dietary supplement is not subject to wait, herbal street drugs will end more ∑ Mr. FRIST. Mr. President, I rise regulation as a drug simply because its promising, young lives.∑ today to join my distinguished col- ∑ Mr. DODD. Mr. President, I am proud label or labeling bears a truthful, non- league from New York in introducing to sponsor this very important legisla- misleading claim regarding its effect legislation to address an alarming tion with my colleagues, Senators on the body. This provision signifi- problem facing our children today. D’AMATO and FRIST. In my view, the A new class of street drugs is endan- cantly limits the FDA’s ability to take legislation is necessary to protect the gering our Nation’s young people. action against the peddlers of herbal American public, and particularly our These products are being portrayed as street drugs who use carefully worded Nation’s youth, from what amount to safe, natural alternatives to illegal labels to evade FDA review and con- common street drugs. trol. The makers of these products make street drugs, but they are far from safe. Other options available to the FDA no attempt to sell them as products to As a medical doctor who specialized would also be ineffective against herbal improve health or nutrition. The prod- in heart ailments, I am familiar with street drugs. For example, the Dietary ucts carry names like ‘‘Herbal the powerful and even life-threatening Supplement Act gives the Secretary of Ecstacy,’’ ‘‘Ultimate X-Phoria,’’ and effect some of these products can have Health and Human Services the au- ‘‘Cloud 9.’’ One product claims ‘‘It is a on the human heart and central nerv- thority to declare that a dietary sup- carefully formulated and thoroughly ous system. And as the father of three plement poses an imminent hazard to tested organic alternative to actual young boys of the ages 8, 10 and 12, I public health or safety. Once such a MDMA or Ecstacy.’’ I hardly think any am outraged at the way these products declaration is made, the dietary sup- of us believe that our Nation’s children are being blatantly marketed toward plement can be banned. A formal immi- should be able to go into any novelty children and young adults. nent hazard declaration requires store and buy the equivalent of a pow- Therefore, I have joined Senators lengthy formal rulemaking procedures, erful, dangerous, and I might add, ille- D’AMATO and DODD in introducing a however, including a trial-type hearing gal street drug. bill that will control the growing prob- before an administrative law judge. In Let me share with you the claims lem of herbal street drugs. This bill addition, because what sells an herbal and promotional language of these will classify as drugs products mar- street drug is its claims rather than its products, lest there be any doubt what keted and sold, particularly to young ingredients, the imminent hazard dec- there purpose is for: people, as alternatives to illegal street laration can easily be defeated by a for- The effects of Herbal Ecstacy beyond drugs. As a result these products will mulation change without any label smart drug capacity include: Euphoric stim- be subject to the same Federal review change. One can easily imagine the ulation; highly increased energy levels; and sanctions as other pharma- slick peddlers of these products switch- tingly skin sensations; enhanced sensory ceuticals. ing a single ingredient—for example, processing; mood elevations. This bill will not limit public access Herbal Ecstacy acts on the same basis as to legitimate dietary supplements and from ephedra to kava-kava, another MDMA, triggering similar but not identical powerful herbal stimulant—just as the physical reactions in the body. over-the-counter medications. It is not FDA is knocking on their door. Our herbs are 100% natural and are unique- drafted to limit public access to prod- Mr. President, the marketing of herb- ly formulated to give you a floaty, energetic, ucts that contain particular ingredi- al street drugs as dietary supplements, mind expanding, euphoric experience. ents. The producers of legitimate prod- rather than as drugs, does not promote And listen to what is presented on a ucts that make truthful claims about any of the goals identified by Congress brochure as endorsements by users: their product have nothing to fear from S5584 CONGRESSIONAL RECORD — SENATE May 23, 1996 this bill. To the contrary, they should issue. I urge all interested parties to There being no objection, the bill was support the intent of this bill because come to the table and address the seri- ordered to be printed in the RECORD, as it addresses the problem of unscrupu- ous consequences of allowing these follows: lous manufacturers who are giving the herbal street drugs to fall into the S. 1807 dietary supplement industry a bad hands of our children.∑ Be it enacted by the Senate and House of Rep- name and abusing the very laws which By Mr. MURKOWSKI (for himself resentatives of the United States of America in permit dietary supplement manufac- Congress assembled, turers to place truthful and nonmis- and Mr. STEVENS): SECTION 1. SHORT TITLE. leading claims on their products. S. 1807. A bill to amend the Alaska These herbal street drugs pose sig- Native Claims Settlement Act, regard- This Act may be cited as the ‘‘Kake Tribal Corporation Land Exchange Act.’’ nificant health risks to consumers. ing the Kake Tribal Corporation public These products are marketed under a interest land exchange; to the Commit- SEC. 2. AMENDMENT OF SETTLEMENT ACT. variety of brand names, including tee on Energy and Natural Resources. The Alaska Native Claims Settlement Act Cloud 9, Herbal Ecstasy and Ultimate KAKE LAND EXCHANGE LEGISLATION (Public Law 92–203, December 18, 1971, 85 Stat. 688, 43 U.S.C. 1601 et seq.), as amended, Xphoria, with labels that claim or ∑ Mr. MURKOWSKI. Mr. President, today I introduce the Kake Tribal Land is further amended by adding a new section imply that they produce such effects as to read: euphoria, heightened awareness and Exchange Act on behalf of myself and Senator STEVENS. This legislation SEC. 40. KAKE TRIBAL CORPORATION LAND EX- other effects. These labels often por- CHANGE. tray the products as legal alternatives would amend the Alaska Native Claims Settlement Act which authorized the (a) To provide Kake Tribal Corporation to illegal street drugs such as ‘‘ec- with land suitable for development, to ac- stasy.’’ ‘‘Ecstasy’’ is the street name transfer of 23,040 acres of land from the knowledge the corporation’s return to public for MDMA (4-methyl-2, U.S. Government to Kake Tribal Cor- ownership land needed as a municipal water- dimethoxyamphetamine), which pro- poration. shed area, and to promote the public inter- The land was transferred to Kake to duces euphoria. est, the Secretary shall convey to the cor- These products often contain botani- recognize ‘‘an immediate need for a poration approximately 2, 427 acres of Fed- eral land as described in subsection (c). The cal sources of ephedrine. Ephedrine is fair and just settlement’’ Unfortunately, Kake has not received land to be conveyed includes: an amphetamine-like stimulant that the full beneficial use of its 23,040 acres (1) up to 388 acres in the Slate Lakes area, can have potentially dangerous effects because the city’s watershed—over as described in (c)(2) of this section, if, with- on the heart and central nervous sys- 2,400 acres—rest within Kake Tribal’s in five years after the effective date of this tem. Possible adverse effects range lands. In order to protect the city’s wa- section, the corporation has entered into an from clinically significant effects such agreement to lease or otherwise convey some tershed and still receive beneficial use or all of the land to the operator of the as heart attack, stroke, seizures, psy- of their 23,040 acres we are proposing chosis and death, to clinically less sig- Jualin Mine; or, an acre-for-acre land exchange. This (2) at the corporation’s option, the 388 nificant effects that may indicate the will assist the people of Kake, AK, as potential for more serious effects. acres mentioned in (1) of this subsection and they move toward a safer, cleaner, and the remaining 2,039 acres may be conveyed These effects can include dizziness, healthier future. from the acres described in (c)(3) of this sec- headache, gastrointestinal distress, ir- Under this proposal, Kake Tribal tion. regular heartbeat, and heart palpita- would exchange the watershed for 2,427 (b) TITLE TO SURFACE AND SUBSURFACE.— tions. The labels on these herbal street acres in southeast Alaska, thereby al- Subject to valid existing rights and ease- drugs may list one or more ephedrine- lowing Kake to receive its full entitlements, the Secretary shall, no later than the containing ingredients, including ma ment under ANCSA. This legislation is deadlines specified in (c)(2) and (3) of this huang, Chinese ephedra, ma huang ex- of great importance to the residents of section, convey to Kake Tribal Corporation title to the surface estate in this land and tract, ephedra, Ephedra sinica, ephedra the community of Kake, AK. extract, ephedra herb powder, epitonin convey to Sealaska Corporation title to the This legislation will ensure protec- subsurface estate in that land. or ephedrine. tion of the Gunnuk Creek watershed Ephedrine and its related products (c) DESCRIPTION AND DEADLINES.—The land which is the main water supply for the covered by this section is in the Copper are also available in many legitimate city of Kake as well as protect critical River Meridian and is further described as forms that will not be affected by this habitat for the Gunnuk Creek hatch- follows: bill. For example, ephedrine can be ery. (1) the land to be conveyed by Kake Tribal useful for treating mild forms of sea- The legislation has received wide Corporation to the United States, no later sonal or chronic asthma and is also support in Alaska from diverse groups than 90 days after the effective date of this FDA-approved for treating enursesis such as: The Southeast Alaska Con- section, as shown on the map dated lllll hypotension, nasal congestion and servation Council, the city of Kake, and labeled Attachment A, is the municipal sisustitis. AK, the Organized Village of Kake, the watershed area and is described as follows: According to a statement by the Pan- Kake non-profit fishery, the Alaska Municipal watershed ama City, Florida medical examiner, Federation of Natives, and Sealaska 20-year-old Peter Schlendorf died ‘‘as a Corporation. Approxi- result of the use of Ultimate Xphoria, Additionally, the Governor of Alaska Section mate an herbal product containing Ma has written to me in support of this ex- acres Huang’’. Peter’s cause of death was change. Attached are copies of some of listed as the ‘‘synergistic effect of the letters of support I have received T56S, R72E ephedrine, pseudo-ephedrine, phenyl- for the record at this time. 13 ...... 82 propanolamine and caffeine’’. There is Because this is an acre-for-acre ex- 23 ...... 118 no question that this combination of change there will be no cost to the Fed- 24 ...... 635 stimulants can have an adverse effect eral Government. I introduced this leg- 25 ...... 640 on the heart and central nervous sys- islation with the confidence that it is 26 ...... 346 tem. in the best interest of not only the citi- 34 ...... 9 As lawmakers, we have a responsibil- zens of Kake but with the knowledge 35 ...... 349 36 ...... 248 ity to make sure that no more young that it is in the best interest of all people die from these herbal street Americans to protect drinking water Approximate total ...... 2,427 drugs. This bill provokes debate on this for our communities. Lastly, this legis- important issue. I have already been lation will help fulfill our commitment (2) Kake Tribal Corporation shall have the contacted by a major trade association, to the Natives of Alaska that they will option to select up to 388 acres in the Slate the Council for Responsible Nutrition Lakes area, as shown on the map dated be treated fairly and justly under the lllll and labeled Attachment B. This [CRN], and the Nutritional Health Alli- Alaska Native Claims Settlement Act. option shall remain in effect for five years ance, an industry and consumer coali- Mr. President, I ask unanimous con- after the date of enactment of this section. tion, expressing a desire to work with sent that the text of the bill be printed The land to be conveyed is identified on the us to reach an effective solution to this in the RECORD. following maps as: May 23, 1996 CONGRESSIONAL RECORD — SENATE S5585 Slake lakes area I introduce a bill to amend the Na- There being no objection, the bill was tional Historic Preservation Act of ordered to be printed in the RECORD, as Approxi- 1966, that, when enacted, will continue follows: Section Description mate acres the appropriations authorization for S. 1808 the Advisory Council on Historic Pres- Be it enacted by the Senate and the House of ervation. Representatives of the United States of America T35S, R62E Established in 1966, the Council is an in Congress assembled, That the Act of Octo- 22 ...... E1⁄2 ...... 27 independent Federal agency respon- ber 15, 1966 (80 Stat. 915), as amended (16 23 ...... W1⁄2 ...... 152 sible for advising the President and the U.S.C. Section 470 et seq.) is further amended 1 26 ...... W ⁄2 ...... 119 Congress on historic preservation mat- as follows: 27 ...... E1⁄2 ...... 23 ters and commenting to Federal agen- (a) Section 212(a) is amended by deleting the last sentence and inserting in lieu there- T36S, R62E cies on the effects of their activities of the sentence ‘‘There are authorized to be 1 ...... W1⁄2, NW1⁄4 ...... 38 upon historic properties. appropriated not to exceed $5,000,000 in each Two utility corridors: One be- Mr. President, over the past three fiscal year 1997 through 2002.’’∑ ginning in the northwest quar- decades, the Congress has made a sub- ter of section 1, T36S, R62E, stantial commitment to the preserva- By Mr. MURKOWSKI: heading northwest through tion and encouragement of our na- S. 1809. A bill entitled the ‘‘Aleutian the northeast quarter of sec- tional heritage. Established by the Na- World War II National Historic Areas tion 2, then heading northwest tional Historic Preservation Act, the through section 26, T35S, Act of 1996’’; to the Committee on En- R62E; another beginning in Advisory Council on Historic Preserva- ergy and Natural Resources. section 23, T35S, R62E, heading tion has served to improve the effec- THE ALEUTIAN WORLD WAR II NATIONAL northeast, then heading north- tiveness and coordination of public and HISTORIC AREAS ACT OF 1996 west through section 23, then private efforts in historic preservation. ∑ Mr. MURKOWSKI. Mr. President, I northwest through the south- Historic preservation safeguards introduce a bill entitled the ‘‘Aleutian west quarter of section 15, physical links to the past. It is through World War II National Historic Areas then northwest through sec- these links that our important cultural Act of 1996.’’ tion 16, then turning northeast resources are preserved and passed on in the northeast quarter of Mr. President, the Ounalashka Cor- to succeeding generations. Destruction poration is the Alaska Native village section 16 to the Jualin pat- of our significant cultural and historic ented group. corporation for the Unalaska region of Approxi- ...... 388 resources serves no purpose. Our mem- the Western Aleutian Islands. The Cor- mate ory of important history only becomes poration is the major land owner of total. more difficult without the various fab- Amaknak Island, where the City of Un- (3) the remaining 2,039 acres of land to be rics to view, touch and or experience. alaska is located. The Corporation has conveyed to Kake Tribal Corporation, or the Congress recognized this principle in been working closely with municipal entire 2,427 acres if the option on the 388 the National Historic Preservation Act officials of the City of Unalaska to acres mentioned in (2) of this subsection is of 1966: ‘‘The historical and cultural identify Corporation land which would not exercised, shall be land in the Hamilton foundations of the nation should be be Federally recognized and designated Bay and Saginaw Bay areas and shall be con- preserved as a living part of our com- veyed within 90 days after the effective date as a unique ‘‘historic area’’. munity life and development in order Many have forgotten that during of this section; this land is shown on the to give a sense of orientation to the maps dated lllll and labeled Attach- World War II, Unalaska came under at- ments C and D. American people.’’ tack. Unalaska was raided and bombed Mr. President, in addition to many (d) TIMBER MANUFACTURING.—Notwith- by Japanese aircraft in one of the few educational programs, one of the most standing any other provision of law, timber sieges on U.S. territory. This area of harvested from lands conveyed to Kake Trib- important functions of the Advisory al Council pursuant to this Act shall not be Council is mediating between any Fed- Amaknak Island was heavily fortified, available for export as unprocessed logs from eral agency issuing a permit and the and much of the original bunkers, tun- Alaska, nor may Kake Tribal Corporation individual who is planning to develop nels, and buildings remain. The Cor- sell, trade, exchange, substitute, or other- his property. Under the terms of Sec- poration owns the majority of land and wise convey such logs to any other person facilities occupied by U.S. military for the purpose of exporting such logs from tion 106 of the National Historic Pres- ervation Act, the Council seeks to ne- forces on Amaknak Island during the their. war. (e) RELATION TO OTHER REQUIREMENTS.— gotiate a memorandum of agreement The land conveyed to Kake Tribal Corpora- in such cases, setting forth what will The area is rich in history and tion and Sealaska Corporation under this be done to reduce or avoid and adverse memories. In recent years World War II section is, for all purposes, considered land effects the undertaking will have. veterans who were stationed in Un- conveyed under the Alaska Native Claims While the section 106 process has alaska, and in some cases family mem- Settlement Act. often been described as contentious by bers, have made pilgrimages back to (f) MAPS.—The maps referred to in this sec- private property rights advocates and honor fallen friends and relive the past. tion shall be maintained on file in the Office In addition to the historic signifi- of the Chief, United States Forest Service, others, I believe the Advisory Council and in the Office of the Secretary of the Inte- can and should serve as a solution to cance of Unalaska during the War, rior, Washington, D.C. The acreage cited in resolving conflicts between a some- there is also a compelling story of the this section is approximate, and if a discrep- times over-reaching bureaucracy and Aleutian Islands indigenous people ancy arises between cited acreage and the the individual property owner. which is not well known. Alaska Na- land depicted on the specified maps the maps It is my hope that the committee tive people from 23 villages were evacu- shall control. The maps do not constitute an hearing process will shed light on the ated from the region during the War, attempt by the United States to convey and many were interned in relocation State or private land.∑ problems, address the issues, as well as the successes of the Council; and that camps. As a result of the devastating By Mr. MURKOWSKI (for himself we can move forward on this important bombing by the Japanese, the city of and Mr. JOHNSTON): program in a positive and constructive Unalaska was the only village that was S. 1808. A bill to amend the Act of Oc- manner. re-inhabited following the World War II tober 15, 1966 (80 stat. 915), as amended, The Council’s appropriations author- effort. establishing a program for the preser- ization expires with the current fiscal The Aleut people made substantial vation of additional historic property year. This legislation will authorize contributions to the war effort and yet throughout the Nation, and for other the continuing work of the Council by suffered hardships similar to those of purpose; to the Committee on Energy providing appropriations authority the Japanese-Americans throughout and Natural Resources. from fiscal year 1997 through fiscal the war. THE NATIONAL HISTORIC PRESERVATION ACT OF year 2002. The Corporation, the City of Un- 1966 AMENDMENT ACT OF 1996 Mr. President, I ask unanimous con- alaska, and many historians believe ∑ Mr. MURKOWSKI. Mr. President, on sent that the text of the bill be printed that the history of the Aleut people behalf of Senator JOHNSTON and myself, in the RECORD. and the war effort in the region are S5586 CONGRESSIONAL RECORD — SENATE May 23, 1996 intertwined. In response to the in- ated with the daily operation of the Historic which simply alters the boundary of creased interest of the World War II Area or any of its facilities or structures. Mount Baker-Snoqualmie National veterans and their survivors who have SEC. 5. TECHNICAL ASSISTANCE. Forest. The boundary change is needed The Secretary of the Interior may award visited Unalaska, the Corporation is grants and provide technical assistance to before the exchange can occur. I thank considering constructing a World War the Ounalaska Corporation and the City of my colleagues for any support they can II Historic Center on the Island of Unalaska to assist with the planning, devel- give to their bipartisan, non-controver- Amaknak to tell this unique, but little opment, and historic preservation from any sial bill.∑ known history of the war in the Aleu- program funds authorized by law for technical assistance, land use planning or his- tians and the Aleut people to the rest By Mr. MACK (for himself, Mr. toric preservation.∑ of the world. BRADLEY, Mr. ROTH, Mr. LAU- Mr. President, this legislation, when By Mr. GORTON (for himself and TENBERG and Mr. BIDEN): enacted, will establish the ‘‘Aleutian Mrs. MURRAY): World War II National Historic Area’’. S. 1810. A bill to expand the boundary S. 1811. A bill to amend the Act enti- I am very cognizant of the adverse ef- of the Snoqualmie National Forest and tled ‘‘An Act authorizing Federal par- fects that new units of the National for other purposes; to the Committee ticipation in the cost of protecting the Park System can create on existing on Energy and Natural Resources. shores of publicly owned property’’ to units of the System. This legislation THE SNOQUALMIE NATIONAL FOREST BOUNDARY confirm and clarify the authority and provides us with a unique opportunity ADJUSTMENT ACT OF 1996 responsibility of the Secretary of the to work with and for the private sector ∑ Mr. GORTON. Mr. President, today I Army, acting through the Chief of En- in the development and operation of am joined by junior Senator from gineers, to promote and carry out this important historic resources. Washington State, Mrs. MURRAY, in in- shore protection projects, including There will be no land acquisition or troducing the ‘‘Snoqualmie National beach nourishment projects, and for day-to-day operational expenses nor- Forest Boundary Adjustment Act of other purposes; to the Committee on mally associated with other units of 1996.’’ Earlier this week Representative Environment and Public Works. the National Park System. The JENNIFER DUNN, of Washington State, Ounakashka Corporation has exclusive introduced identical legislation in the THE SHORE PROTECTION ACT OF 1996 ownership and control of the lands, House. Mr. MACK. Mr. President, I rise buildings and historic structures which This legislation will facilitate the ex- today to announce legislation I am in- would comprise the historic area. change of land between the troducing—along with Senator BRAD- The Corporation is not seeking land Weyerhaeuser Company and the Forest LEY and others—to reaffirm the Fed- exchanges with the Department of the Service by adjusting a National Forest eral role in beach preservation and re- Interior and does not desire to convey Boundary. As Chairman of the Interior or encumber title to, or control of, its nourishment. I want to thank the Sen- Appropriations Subcommittee, which ator from New Jersey for his steadfast lands to the Federal Government. The funds our National Forest and Parks, Corporation only wants to work with efforts on this issue and for all he did land exchanges result in less expense to to make this bill possible. the Federal Government to save this the Federal taxpayer than do land ac- significant piece of the history of the quisitions. Mr. President, in my State of Flor- United States. The expense to the Na- I will be working over the course of ida, healthy beaches mean a healthy tional Park Service would be minimal, the next few months to get this legisla- economy. Each year, millions of people and would consist of technical assist- tion passed by both the House and Sen- travel from around the world to enjoy ance and training. The contribution to ate, and I encourage my colleagues to the recreational benefits of my State’s the public will be a historic site that is support this legislation.∑ coastlines. This tourist activity sus- preserved for the enjoyment and edu- ∑ Mrs. MURRAY. Mr. President, I fully tains our economy and provides hun- cation of all Americans. support this landmark agreement nego- dreds of thousands of jobs for Florid- Mr. President, I ask unanimous con- tiated by the Sierra Club’s Cascade ians. As a consequence, people in Flor- sent that the text of the bill be printed Checkerboard Project, the ida care deeply about the future of our in the RECORD. Weyerhaeuser Company, and the For- beaches and look to us to ensure that There being no objection, the bill was est Service. I particularly applaud the they are properly maintained. ordered to be printed in the RECORD, as Weyerhaeuser Company’s donation of For 60 years, Mr. President, the U.S. follows: approximately 1,900 acres of land, 900 S. 1809 Army Corps of Engineers worked in acres of which will become part of the partnership with the Congress, the SECTION 1. SHORT TITLE. Alpine Lakes Wilderness Area. This Act may be cited as the ‘‘Aleutian This exchange will give States, and coastal communities to de- World War II National Historic Areas Act of vise a workable policy on sandy beach 1996’’. Weyerhaeuser 7,200 acres of 80- to 100- year-old trees within the Mount Baker- renourishment. The Corps brought to SEC. 2. PURPOSE. this partnership a wealth of accumu- The purpose of this Act is to designate and Snoqualmie National Forest in Pierce preserve the Aleutian World War II National County, WA, in exchange for 33,000 lated technical expertise and institu- Historic Area within lands owned by the acres of company’s land. Essentially, tional knowledge about beach preserva- Ounalaska Corporation on the island of the company gets timber to cut now, tion. Further, they brought funding Amaknak, Alaska and to provide for the in- and the public gets much more land which was leveraged with State and terpretation, for the educational and inspira- upon which future forests will be local participation into projects which tional benefit of present and future genera- directly benefited the Nation’s coast- tions, of the unique and significant cir- grown. Both Weyerhaeuser and the cumstances involving the history of the Forest Service will also be better able lines. Aleut people, and the role of the Aleut peo- to manage their lands as ecosystems This all ended last year when the ple and the Aleutian Islands in the defense of and reduce costs and administrative Clinton administration turned its back the United States in World War II. burdens of checkerboard management. on coastal communities by ending the SEC. 3. BOUNDARIES. I strongly support such negotiated The Aleutian World War II National His- traditional Federal role in beach re- trades. I believe it is in all of our inter- nourishment. In its 1996 budget re- toric Area shall be comprised of areas on ests to reduce the checkerboard pat- Amaknak island depicted on the map enti- quest, the administration indicated tled ‘‘Aleutian World War II National His- tern of ownership—which Congress cre- that beach preservation and mainte- toric Area’’. ated through a massive land grant to nance was no longer of national signifi- SEC. 4. TERMS AND CONDITIONS. the Northern Pacific Railroad in 1864. I cance. Nothing in this Act shall— will continue to encourage cooperation (a) authorize the conveyance of lands be- between public and private landowner, I strongly disagree. Almost half our tween the Ounalaska Corporation and the and environmental and timber inter- population lives in or near coastal U.S. Department of the Interior, nor remove ests. Such agreements provide models communities. The coastal economy is land or structures appurtenant to the land responsible for one-third of our gross from the exclusive control of the Ounalaska for resolution of natural resources dis- Corporation; or putes and other environmental issues. domestic product and more than 28 (b) provide authority for the Department Mr. President, I urge the Senate to million jobs. Much of this economic ac- of the Interior to assume the duties associ- take expeditious action on this bill, tivity derives from the vacationtime May 23, 1996 CONGRESSIONAL RECORD — SENATE S5587 lure of healthy beaches. These projects (i) is the second largest sector of the econ- ‘‘(1) IN GENERAL.—No’’; and truly are of national significance, Mr. omy of the United States; and (B) by adding at the end the following: President, and the Corps of Engineers (ii) contributed over $746,000,000,000 to the ‘‘(2) STUDIES.— ought to remain a full partner in this gross domestic product in 1995; ‘‘(A) IN GENERAL.—The Secretary shall— (B) the health of the beaches and shoreline ‘‘(i) recommend to Congress studies con- effort. of the United States contributes to this eco- cerning shore protection projects that meet Last year, I joined Senator BRADLEY nomic benefit, since the leading tourist des- the criteria established under this Act (in- and several of my colleagues in twice tinations in the United States are beaches; cluding subparagraph (B)(iii)) and other ap- writing the administration in protest. and plicable law; Further, we restored the Corps’ author- (C) 85 percent of all tourism-generated rev- ‘‘(ii) conduct such studies as Congress re- ity through the appropriations process. enue in the United States derives from coast- quires under applicable laws; and This victory was only short term, how- al communities; ‘‘(iii) report the results of the studies to ever, and coastal communities (5)(A) the value of the coastline of the the appropriate committees of Congress. United States lies not only in the jobs and ‘‘(B) RECOMMENDATIONS FOR SHORE PROTEC- throughout the Nation asked Congress revenue that the coastline generates, but for assurance of a permanent Federal TION PROJECTS.— also in the families, homes, and businesses ‘‘(i) IN GENERAL.—The Secretary shall rec- presence in this sector. that the coastline protects from hurricanes, ommend to Congress the authorization or re- When the administration released typhoons, and tropical and extratropical authorization of shore protection projects this year’s budget and again proposed storms; based on the studies conducted under sub- to end the Corps’ involvement in re- (B) almost 50 percent of the total United paragraph (A). storing beaches, we began to explore a States population lives in coastal commu- ‘‘(ii) CONSIDERATIONS.—In making rec- permanent legislative solution to this nities; and ommendations, the Secretary shall consider problem. The culmination of our ef- (C) beaches provide protection to prevent the economic and ecological benefits of a the destruction of life and hundreds of bil- shore protection project and the ability of forts is the bill we are introducing lions of dollars worth of property; today. the non-Federal interest to participate in (6) shoreline protection projects can pro- the project. Our legislation is very simple, Mr. vide ecological and environmental benefits ‘‘(iii) CONSIDERATION OF LOCAL AND RE- President. We amend the mission of the by providing for, or by restoring, marine and GIONAL BENEFITS.—In analyzing the economic Corps to include shore protection littoral habitat; and ecological benefits of a shore protection projects, and we mandate that the (7)(A) the coastline of the United States is project, or a flood control or other water re- Corps make recommendations to Con- a national treasure, visited by millions of source project the purpose of which includes gress on specific projects that are wor- Americans and foreign tourists every year; shore protection, the Secretary shall con- (B) over 90,000,000 Americans spend time sider benefits to local and regional economic thy of Federal participation. Further, boating or fishing along the coast each year; we require the Corps to consider bene- development, and to the local and regional and ecology, in calculating the full economic and fits to the local and regional economy (C) the average American spends 10 rec- ecological justifications for the project. and ecology when considering prepar- reational days per year on the coast; and ‘‘(iv) NEPA REQUIREMENTS.—Nothing in ing cost/benefit analyses on beach (8) since shoreline protection projects gen- this subparagraph imposes any requirement projects. And we encourage the Corps erate positive economic, recreational, and on the Army Corps of Engineers under the to work with the States and local com- environmental outcomes that benefit the National Environmental Policy Act of 1969 munities on regional plans for the United States as a whole, Federal respon- (42 U.S.C. 4321 et seq.). sibility for preserving this valuable resource ‘‘(C) COORDINATION OF PROJECTS.—In con- long-term preservation of our coastal should be maintained. resources. ducting studies and making recommenda- (b) PURPOSE.—The purpose of this Act is to tions for a shore protection project under Mr. President, this bill will ensure provide for a Federal role in shore protection this paragraph, the Secretary shall— that the Federal Government remains projects, including projects involving the re- ‘‘(i) determine whether there is any other a full partner with the States and com- placement of sand, for which the economic project being carried out by the Secretary or munities on the preservation of our and ecological benefits to the locality, re- the head of another Federal agency that may beach resources. This is critical to gion, or Nation exceed the costs. be complementary to the shore protection Florida and to our Nation’s economy. I SEC. 3. SHORE PROTECTION. project; and encourage my colleagues to join the (a) IN GENERAL.—The first section of the ‘‘(ii) if there is such a complementary Senator from New Jersey and me as we Act entitled ‘‘An Act authorizing Federal project, describe the efforts that will be participation in the cost of protecting the made to coordinate the projects. continue to move ahead on this issue. shores of publicly owned property’’, approved ‘‘(3) SHORE PROTECTION PROJECTS.— Mr. President, I ask unanimous con- August 13, 1946 (33 U.S.C. 426e), is amended— ‘‘(A) IN GENERAL.—The Secretary shall consent that the text of the bill be printed (1) in subsection (a)— struct, or cause to be constructed, any shore in the RECORD. (A) by striking ‘‘damage to the shores’’ and protection project authorized by Congress, or There being no objection, the bill was inserting ‘‘damage to the shores and beach- separable element of such a project, for ordered to be printed in the RECORD, as es’’; and which funds have been appropriated by Con- follows: (B) by striking ‘‘the following provisions’’ gress. S. 1811 and all that follows through the period at ‘‘(B) AGREEMENTS.— the end and inserting the following: ‘‘this ‘‘(i) REQUIREMENT.—After authorization by Be it enacted by the Senate and House of Rep- Act, to promote shore protection projects Congress, and before commencement of con- resentatives of the United States of America in and related research that encourage the pro- struction, of a shore protection project or Congress assembled, tection, restoration, and enhancement of separable element, the Secretary shall enter SECTION 1. SHORT TITLE. sandy beaches, including beach restoration into a written agreement with a non-Federal This Act may be cited as the ‘‘Shore Pro- and periodic beach nourishment, on a com- interest with respect to the project or sepa- tection Act of 1996’’. prehensive and coordinated basis by the Fed- rable element. SEC. 2. FINDINGS AND PURPOSE. eral Government, States, localities, and pri- ‘‘(ii) TERMS.—The agreement shall— (a) FINDINGS.—Congress finds that— vate enterprises. In carrying out this policy, ‘‘(I) specify the life of the project; and (1) the beach, shore, and coastal resources preference shall be given to areas in which ‘‘(II) ensure that the Federal Government of the United States— there has been a Federal investment of funds and the non-Federal interest will cooperate (A) are critical assets that must be pro- and areas with respect to which the need for in carrying out the project or separable ele- tected, conserved, and restored; and prevention or mitigation of damage to shores ment. (B) provide economic and environmental and beaches is attributable to Federal navi- ‘‘(C) COORDINATION OF PROJECTS.—In con- benefits that are of national significance; gation projects or other Federal activities.’’; structing a shore protection project or sepa- (2) a network of healthy and nourished (2) in subsection (d), by striking ‘‘or from rable element under this paragraph, the Sec- beaches is essential to the economy, com- the protection of nearby public property’’ retary shall, to the extent practicable, co- petitiveness in world tourism, and safety of and inserting ‘‘, if there are sufficient bene- ordinate the project or element with any coastal communities of the United States; fits to local and regional economic develop- complementary project identified under (3)(A) the coasts of the United States are ment and to the local and regional ecology paragraph (2)(C). an economic asset, supporting 34 percent of (as determined under subsection (e)(2)(B)),’’; ‘‘(4) REPORT TO CONGRESS.—The Secretary national employment, or 28,000,000 jobs; and and shall report annually to the appropriate (B) the 413 coastal communities of the (3) in subsection (e)— committees of Congress on the status of all United States generate $1,300,000,000,000, or (A) by striking ‘‘(e) No’’ and inserting the ongoing shore protection studies and shore 1⁄3, of the gross domestic product; following: protection projects carried out under the ju- (4)(A) travel and tourism— ‘‘(e) AUTHORIZATION OF PROJECTS.— risdiction of the Secretary.’’. S5588 CONGRESSIONAL RECORD — SENATE May 23, 1996 (b) REQUIREMENT OF AGREEMENTS PRIOR TO ‘‘(4) SHORE PROTECTION PROJECT.—The term environmental benefits for certain spe- REIMBURSEMENTS.— ‘shore protection project’ includes a project cies of wildlife by providing, or restor- (1) SMALL SHORE PROTECTION PROJECTS.— for beach nourishment, including the re- ing, marine and littoral habitat. Section 2 of the Act entitled ‘‘An Act au- placement of sand.’’. In 1995, the Administration proposed thorizing Federal participation in the cost of (2) CONFORMING AMENDMENTS.—The Act en- an end to the Federal role in shore pro- protecting the shores of publicly owned prop- titled ‘‘An Act authorizing Federal partici- erty’’, approved August 13, 1946 (33 U.S.C. pation in the cost of protecting the shores of tection projects. Citing budgetary con- 426f), is amended— publicly owned property’’, approved August cerns, the Administration proposal (A) by striking ‘‘SEC. 2. The Secretary of 13, 1946, is amended— called for Federal involvement in the Army’’ and inserting the following: (A) in subsection (b)(3) of the first section projects that were of ‘‘national signifi- ‘‘SEC. 2. REIMBURSEMENTS. (33 U.S.C. 426e(b)(3)), by striking ‘‘Secretary cance’’ only. This bill makes the case ‘‘(a) IN GENERAL.—The Secretary’’; of the Army, acting through the Chief of En- that the preservation of an invaluable (B) in subsection (a) (as so designated)— gineers,’’ and inserting ‘‘Secretary,’’; and economic and environmental re- (i) by striking ‘‘local interests’’ and insert- (B) in section 3 (33 U.S.C. 426g), by striking source—our shoreline—is of national ‘‘Secretary of the Army’’ and inserting ‘‘Sec- ing ‘‘non-Federal interests’’; significance. Our bill would permit all (ii) by inserting ‘‘or separable element of retary’’. the project’’ after ‘‘project’’; and (e) OBJECTIVES OF PROJECTS.—Section 209 the local, regional and national eco- (iii) by inserting ‘‘or separable elements’’ of the Flood Control Act of 1970 (42 U.S.C. nomic and ecological benefits of a after ‘‘projects’’ each place it appears; and 1962–2) is amended by inserting ‘‘(including shoreline protection project to be con- (C) by adding at the end the following: shore protection projects such as projects for sidered when judging a project’s merit. ‘‘(b) AGREEMENTS.— beach nourishment, including the replace- I am confident this comprehensive ‘‘(1) REQUIREMENT.—After authorization of ment of sand)’’ after ‘‘water resource evaluation will demonstrate that shore projects’’. reimbursement by the Secretary under this protection projects are indeed of na- section, and before commencement of con- Mr. BRADLEY. Mr. President, I rise struction, of a shore protection project, the tional significance. today to join Senator MACK in intro- Mr. President, let me take a moment Secretary shall enter into a written agree- ducing a measure designed to provide ment with the non-Federal interest with re- to outline the major provisions of the spect to the project or separable element. for a continuing Federal role in pro- bill. Specifically, the bill would man- ‘‘(2) TERMS.—The agreement shall— tecting a valuable national resource— date a continuing Federal role in shore ‘‘(A) specify the life of the project; and our Nation’s coastline. The Shore Pro- protection projects. The bill changes ‘‘(B) ensure that the Federal Government tection Act of 1996 states clearly that the mission of the Corps from one of and the non-Federal interest will cooperate the Federal Government has an obliga- general authority to do beach projects in carrying out the project or separable ele- tion to provide necessary support— to a specific mandate to undertake the ment.’’. both financial and technical—for protection, restoration and enhance- (2) OTHER SHORELINE PROTECTION projects that promote the protection, PROJECTS.—Section 206(e)(1)(A) of the Water ment of beaches in cooperation with Resources Development Act of 1992 (33 U.S.C. restoration and enhancement of sandy states and local communities. 426i–1(e)(1)(A)) is amended by inserting be- beaches and shorelines in cooperation Additionally, the bill would require fore the semicolon the following: ‘‘and enters with States and localities. that new criteria be used in conducting into a written agreement with the non-Fed- Beach, shore and coastal resources the cost/benefit analysis of a proposed eral interest with respect to the project or are critical to our economy and quality project. Currently, when undertaking separable element (including the terms of co- of life, but they are fragile and must be cost/benefit analysis to determine the operation)’’. protected, conserved and restored. As a suitability of proposed projects, the (c) STATE AND REGIONAL PLANS.—The Act entitled ‘‘An Act authorizing Federal par- coastal State Senator, who walks the Corps is only required to consider the ticipation in the cost of protecting the beaches of the Jersey shore every year, property values of property directly ad- shores of publicly owned property’’, approved I know first-hand the economic and jacent to the beach. The Corps can August 13, 1946, is amended— recreational benefits that are derived take into account revenues generated (1) by redesignating section 4 (33 U.S.C. from healthy beaches. Every summer, through recreation, but is not required 426h) as section 5; and thousands of New Jerseyans and visi- to do so, nor can the recreational val- (2) by inserting after section 3 (33 U.S.C. tors from all over the U.S. and the ues be weighed as anything other than 426g) the following: world, visit the beaches of the Jersey an ‘‘incidental’’ benefit. This bill re- ‘‘SEC. 4. STATE AND REGIONAL PLANS. shore, generating roughly $11 billion in quires that the benefits to the local, re- ‘‘The Secretary may— travel and tourism revenues. ‘‘(1) cooperate with any State in the prepa- gional and national economy and the ration of a comprehensive State or regional However, beaches are important not local, regional and national ecology be plan for the conservation of coastal re- only to New Jersey’s economy or to considered. This comprehensive evalua- sources located within the boundaries of the those of other coastal communities, tion will demonstrate that shore pro- State; they are important to the Nation’s tection projects are of national signifi- ‘‘(2) encourage State participation in the economy. Beaches support 28 million cance. implementation of the plan; and jobs, and coastal communities generate The bill also requires that the Corps ‘‘(3) submit to Congress reports and rec- $1.3 trillion, or one-third, of the Gross report annually to Congress on beach ommendations with respect to appropriate National Product. Travel and tourism Federal participation in carrying out the project priorities. The Corps will be re- plan.’’. is the second largest sector of our econ- quired to submit information (reports) (d) DEFINITIONS.— omy, contributing over $746 billion in to Congress on projects that, when (1) IN GENERAL.—Section 5 of the Act enti- 1995 and amounting to a $26 billion evaluated with the bill’s new cost/bene- tled ‘‘An Act authorizing Federal participa- trade surplus. Beaches are responsible fit criteria, are found to merit Federal tion in the cost of protecting the shores of for this economic boom. As the leading involvement. In current law, this au- publicly owned property’’, approved August tourist destination in the U.S., coast- thority is discretionary and has been 13, 1946 (as redesignated by subsection (c)(1)), lines generate 85 percent of tourism-re- is amended— suspended by the Administration. lated revenue. If we allow this valuable The bill also encourages the Corps to (A) by striking ‘‘SEC. 5. As used in this Act, the word ‘shores’ includes all the shorelines’’ resource to simply wash away, billions work with state and local authorities and inserting the following: of dollars in beach related revenues to develop regional plans for preserva- ‘‘SEC. 5. DEFINITIONS. will disappear as well. tion, restoration and enhancement of ‘‘In this Act: The value of our coastline lies not shorelines and coastal resources. Fur- ‘‘(1) SECRETARY.—The term ‘Secretary’ only in the jobs and revenue that they ther the Corps is encouraged to work means the Secretary of the Army, acting generate, but also in the families, with other agencies to coordinate with through the Chief of Engineers. homes and business they protect from other projects that may have a com- ‘‘(2) SEPARABLE ELEMENT.—The term ‘sepa- hurricanes, nor’easters and tropical plimentary effect on shoreline protec- rable element’ has the meaning provided by storms. With almost 50% of all Ameri- section 103(f) of the Water Resources Devel- tion projects. opment Act of 1986 (33 U.S.C. 2213(f)). cans living in our coastal communities, A network of healthy and nourished ‘‘(3) SHORE.—The term ‘shore’ includes we simply must have healthy beaches beaches is essential to our economy, each shoreline of each’’; and as our first line of defense. Nourished competitiveness in world tourism and (B) by adding at the end the following: beaches can also provide ecological and the safety of our coastal communities. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5589 Protection of the Nation’s shoreline tion Act, which will eliminate a harm- farmers in North Carolina and other must be a continued Federal priority. ful anachronism that enables a few wa- States. As a matter of fact, my farmers terborne carriers to cling to a monop- are now being forced to go to foreign By Mr. GRAHAM: oly on shipping. The victims of this sources for feed grain. S. 1812. A bill to provide for the liq- system, in North Carolina and else- Last year, according to a report in uidation or replication of certain fro- where, assert accurately that those the September 12, 1995, Journal of Com- zen concentrated orange juice entries shippers have no certified Jones Act merce, Murphy family farms brought to correct an error that was made in ships to meet the demands of producers in a cargo shipment of 1 million bush- connection with the original liquida- who need the gain. els of Canadian wheat to the port of tion; to the Committee on Finance. In fact, Mr. President, poultry and Wilmington, NC, aboard Canada steam- LEGISLATION TO CORRECT INEQUITY SUFFERED pork farmers in North Carolina say ship lines. BY JUICE FARMS, INC. they can’t get enough grain for their Mr. President, the Jones Act is sim- ∑ Mr. GRAHAM. Mr. President, I am farms to feed their animals. North ply not fair. It’s not fair to farmers in introducing legislation today that will Carolina cannot now, nor ever be able, the Midwest and it is unfair to count- order Customs to take the necessary to produce enough grain to satisfy the less producers in my own State and in steps to correct an inequity suffered by urgent needs of the poultry and pork other States. a Florida company, Juice Farms, Inc., producers in North Carolina. As a re- Those who may protest this legisla- resulting from a Customs administra- sult, they must rely upon grain shipped tion are likely to claim that it will tive error arising from a dumping case. somehow destroy American shipping. From 1987 to 1990, several anti-dump- in from the Midwest. The railroads can’t guarantee enough railcars to That simply is not so. Moreover, if the ing orders were issued covering Brazil- status quo is maintained, my farmers ian frozen concentrated orange juice. move this grain from the Midwest, and the costs of such shipments as can be will have no choice but to purchase Juice Farms imported juice from their foreign grain from Canada, Ar- Brazil and deposited duties with Cus- arranged are enormous. The increase in transportation costs, gentina, and other countries—and all toms. As required by law, liquidation of it will be shipped on foreign flagged of the import entries by Customs was coupled with the price of grain, inevitably leads to excessively high over- vessels. suspended by Commerce pending the According to a December 1995 report head costs for North Carolina farmers. outcome of administrative dumping re- by the U.S. International Trade Com- To put it succinctly, the shortage of views to be conducted by Commerce. mission, In 1991, after three successive re- grains and shortage of trains means sharply elevated costs and prices that The economy wide effect of removing the views, the Department of Commerce Jones Act is a U.S. economic welfare gain of found no sales at less than fair value. threaten the livelihoods of many farm- approximately $2.8 billion. This figure can Commerce instructed Customs to reers. also be interpreted as the annual reduction turn Juice Farms’ anti-dumping duty Mr. President, I ask unanimous con- in real national income imposed by the deposits plus interest. Juice Farms sent that letters from two highly re- Jones Act. A primary reason for the large spected North Carolina farmers, both gain in welfare is a decline of approximately learned, however, that Customs had 26 percent in the price of shipping services mistakenly liquidated a number of en- of whom urge introduction and passage of this legislation, be printed in the formerly restricted by the Jones Act. tries. Such liquidations were in clear Mr. President, isn’t it ironic that the violation of the suspension order. RECORD at the conclusion of my remarks. United States—the breadbasket of the Juice Farms pursued court chal- world—has such an unwise and unfair lenges but received an unfavorable de- Mr. President, according to the most recent North Carolina Department of lid on that bread basket? That lid, Mr. cision because the court found that the President, is the Jones Act. company filed its protest of the pre- Agriculture statistics, North Carolina was, in 1995, No. 1 in the Nation in tur- That is my reason for offering this mature liquidations too late. Accord- legislative remedy, Mr. President. If ingly, even though the duties were re- key production with 61.2 million birds; in hog production, North Carolina was Senators truly believe in the free en- quired by law to be returned to Juice terprise system, they will support this Farms, to date the deposits have not No. 2, with 8.3 million heads—Iowa was No. 1—and in commercial broilers proposal to allow American grain to be been received. The legislation I propose shipped unhindered to grain deficit today simply will correct that error North Carolina was No. 4 with 644 million birds—Arkansas, Georgia, and Ala- States that are in need of it. and require Customs to refund the Mr. President, I ask unanimous con- funds properly owed Juice Farms.∑ bama ranked first, second, and third. Mr. President, this past Saturday an sent that additional material be printed in the RECORD. By Mr. HELMS (for himself and article in the May 18 edition of the Ra- leigh News and Observer, reported that There being no objection, the mate- Mr. GRASSLEY): rial was ordered to be printed in the S. 1813 A bill to reform the coastwise, 800 poultry jobs in Chatham County, RECORD, as follows: intercoastal, and noncontiguous trade N.C., were threatened by, among other shipping laws, and for other purposes; things, high-feed grain prices. I ask S. 1813 to the Committee on Commerce, unanimous consent that this article Be it enacted by the Senate and House of Rep- ‘‘800 Perdue Jobs in Danger’’ be printed resentatives of the United States of America in Science, and Transportation. Congress assembled, ECORD THE COASTAL SHIPPING COMPETITION ACT OF in the R at the conclusion of my SECTION 1. SHORT TITLE. 1996 remarks. This Act may be cited as the ‘‘Coastal Mr. HELMS. Mr. President, since 1920 Mr. President, additionally, in times Shipping Competition Act of 1996’’. there has been a Federal statute in of severe weather—such as this past SEC. 2. MISCELLANEOUS AMENDMENTS TO DEFI- force in America that, however well in- winter—railroads often are unable to NITIONS IN TITLE 46, UNITED tentioned, has nonetheless prevented a get through mountain passes because STATES CODE. of snow or flooding. Section 2101 of title 46, United States Code, vast segment of the farming commu- is amended— nity in North Carolina and other Mr. President, the Jones Act unfairly (1) in each of paragraphs (1) through (45), States from obtaining reasonably and unreasonably restricts shipping be- by striking the period at the end and insert- much-needed and priced grain from the tween ports in the United States being a semicolon; Midwest. cause it requires that merchandise and (2) in paragraph (46), by striking the period In doing so, of course, it has long pre- produce shipped by water between U.S. at the end and inserting ‘‘; and’’; vented Midwestern grain producers points be shipped only on U.S.-built, (3) by striking paragraph (3a) and inserting from delivering grain to grain deficit U.S.-flagged, U.S.-manned, and U.S.- the following: States which repeatedly experience dif- citizen owned vessels specifically docu- ‘‘(3a) ‘citizen of the United States’ means— ‘‘(A)(i) a national of the United States, as ficulty in sustaining their livestock. mented and authorized by the Coast defined in section 101(a)(22) of the Immigra- North Carolina is one of the those Guard for such shipments. tion and Nationality Act (8 U.S.C. States. But, Mr. President, the problem with 1101(a)(22)); That is why I am today introducing that is that not nearly enough certified ‘‘(ii) a corporation established under the S. 1813, the Coastal Shipping Competi- vessels exist to transport grain to laws of the United States or under the laws S5590 CONGRESSIONAL RECORD — SENATE May 23, 1996 of a State, territory, district, or possession ‘‘(i) the transportation of merchandise or SEC. 3. DOCUMENTATION. of the United States, that has— passengers on the navigable rivers, canals, (a) DEFINITIONS.—Section 12101(b)(2) of title ‘‘(I) a president or other chief executive of- lakes other than the Great Lakes, or other 46, United States Code, is amended— ficer and chairman of the board of directors waterways inside the Boundary Line; (1) by striking paragraph (2) and inserting of that corporation who are citizens of the ‘‘(ii) the towing of barges by towing vessels the following: United States; and in the waters specified in clause (i); or ‘‘(2) ‘license’, ‘enrollment and license’, ‘li- ‘‘(II) a board of directors, on which a ma- ‘‘(iii) engaging in dredging operations in cense for the coastwise (or coasting) trade’, jority of the number of directors necessary the waters specified in clause (i); and ‘enrollment and license for the coastwise (or to constitute a quorum are citizens of the ‘‘(B) includes any activity specified in sub- coasting) trade’, and ‘enrollment and license United States; paragraph (A) that is conducted in mixed wa- to engage in the foreign and coastwise (or ‘‘(iii) a partnership existing under the laws ters.’’; coasting) trade on the northern, north- of a State, territory, district, or possession (8) by redesignating paragraph (15a) as eastern, and northwestern frontiers, other- of the United States that has at least 1 gen- paragraph (15b); wise than by sea’ mean a coastwise endorse- eral partner who is a citizen of the United (9) by inserting after paragraph (15) the fol- ment provided in section 12106.’’; States; lowing: (2) by striking paragraph (3); and ‘‘(iv) a trust that has at least 1 trustee who ‘‘(15a) ‘mixed waters’ means— (3) by redesignating paragraph (4) as para- is a citizen of the United States; or ‘‘(A) the harbors and ports on the coasts graph (3). (b) VESSELS ELIGIBLE FOR DOCUMENTA- ‘‘(v) an association, joint venture, limited and Great Lakes of the United States; and liability company or partnership, or other TION.—Section 12102(a) of title 46, United ‘‘(B) the rivers, canals, and other water- entity that has at least 1 member who is a States Code, is amended— ways tributary to the Great Lakes or to the citizen of the United States; but (1) by striking all that precedes paragraph coastal harbors and coasts of the United ‘‘(B) such term does not include— (5) and inserting the following: States inside the Boundary Line, ‘‘(i) with respect to a person or entity ‘‘(a) A vessel of at least 5 net tons that is under clause (ii), (iii), or (v) of subparagraph that the Secretary of Transportation deter- not registered under the laws of a foreign (A), any parent corporation, partnership, or mines to be navigable by oceangoing ves- country or that is not titled in a State is eli- other person (other than an individual) or sels.’’; gible for documentation if— entity that is a second-tier owner (as that (10) by redesignating paragraph (17a) as ‘‘(1)(A) the vessel is owned by an individual term is defined by the Secretary) of the per- paragraph (17b); who is a citizen of the United States, or a son or entity involved; or (11) by inserting after paragraph (17) the corporation, association, trust, joint ven- ‘‘(ii) with respect to a trust under clause following: ture, partnership, limited liability company, (iv), any beneficiary of the trust.’’; ‘‘(17a) ‘noncontiguous trade’ means trans- or other entity that is a citizen of the United (4) by inserting after paragraph (4) the fol- portation by water of merchandise or pas- States; and lowing new paragraph: sengers, or towing by towing vessels— ‘‘(B) the owner of the vessel is capable of ‘‘(4a) ‘coastwise trade’— ‘‘(A) between— holding title to a vessel under the laws of the ‘‘(A) subject to subparagraph (B), means ‘‘(i) a point in the 48 continental States United States or under the laws of a State;’’; the transportation by water of merchandise and the District of Columbia; and and or passengers, the towing of a vessel by a ‘‘(ii) a point in Hawaii, Alaska, Puerto (2) by redesignating paragraphs (5) and (6) towing vessel, or dredging operations em- Rico, Guam, the Virgin Islands, American as paragraphs (2) and (3), respectively. braced within the coastwise laws of the Unit- Samoa, the Northern Mariana Islands, or (c) COASTWISE ENDORSEMENTS.—Section ed States— any other noncontiguous territory or posses- 12106 of title 46, United States Code, is ‘‘(i) between points in the United States sion of the United States, as embraced with- amended to read as follows: (including any district, territory, or posses- in the coastwise laws of the United States; ‘‘§ 12106. Coastwise endorsements and certifi- sion of the United States); or cates ‘‘(ii) on the Great Lakes (including any ‘‘(B) between 2 points described in subpara- ‘‘(a) IN GENERAL.—A certificate of docu- tributary or connecting waters of the Great graph (A)(ii).’’; mentation may be endorsed with a coastwise Lakes and the Saint Lawrence Seaway); (12) in paragraph (21)(A)— endorsement for a vessel that is eligible for ‘‘(iii) on the subjacent waters of the Outer (A) in clause (ii), by striking ‘‘or’’ after the documentation. Continental Shelf subject to the Outer Con- semicolon; ‘‘(b) ELIGIBILITY.— tinental Shelf Lands Act (43 U.S.C. 1331 et (B) in clause (iii), by inserting ‘‘or’’ after ‘‘(1) IN GENERAL.—Any of the following ves- seq.); and the semicolon; and sels may be issued a certificate to engage in ‘‘(iv) in the noncontiguous trade; and (C) by adding at the end the following new the coastwise trade if the Secretary of ‘‘(B) does not include the activities speci- clause: Transportation makes a finding, pursuant to fied in subparagraph (A) on the navigable ‘‘(iv) an individual who— information obtained and furnished by the waters included in the inland waterways ‘‘(I) is a member of the family or a guest of Secretary of State, that the government of trade except for activities specified in sub- the nation of registry of such vessel extends paragraph (A) that occur on mixed waters.’’; the owner or charterer; and ‘‘(II) is not a passenger for hire;’’; reciprocal privileges to vessels of the United (5) by inserting after paragraph (11c) the States to engage in the transportation of following new paragraph: (13) by striking paragraph (40) and inserting the following: merchandise or passengers (or both) in its ‘‘(11d) ‘foreign qualified vessel’ means a coastwise trade: ‘‘(40) ‘towing vessel’ means any commer- vessel— ‘‘(A) A foreign qualified vessel (as defined cial vessel engaged in, or that a person in- ‘‘(A) registered in a foreign country; and in section 2101(11d)). tends to use to engage in, the service of— ‘‘(B) the owner, operator, or charterer of ‘‘(B) A vessel of foreign registry— ‘‘(A) towing, pulling, pushing, or hauling which is a citizen of the United States or— ‘‘(i) if the vessel is subject to a demise or alongside (or any combination thereof); or ‘‘(i) has qualified to engage in business in bareboat charter, for the duration of that ‘‘(B) assisting in towing, pulling, pushing, a State and has an agent in that State upon charter, to a person or entity that would be or hauling alongside;’’; and whom service of process may be made; eligible to document that vessel if that per- (14) by inserting after paragraph (40) the ‘‘(ii) is subject to the laws of the United son or entity were the owner of the vessel; or following new paragraphs: States in the same manner as any foreign ‘‘(ii) that engages irregularly in the coast- ‘‘(40a) ‘towing of a vessel by a towing ves- person doing business in the United States; wise trade of the United States. sel between points’ means attaching a tow- and ‘‘(2) VESSEL ENGAGING IRREGULARLY IN THE ing vessel to a towed vessel (including any ‘‘(iii) either— COASTWISE TRADE.—For purposes of this sub- ‘‘(I) employs vessels in the coastwise trade barge) at 1 point and releasing the towed ves- section, a vessel engages irregularly in the regularly or from time to time as part of a sel from the towing vessel at another point, coastwise trade of the United States if that regularly scheduled freight service in the regardless of the origin or ultimate destina- vessel— foreign ocean (including the Great Lakes) tion of either the towed vessel or the towing ‘‘(A) during any 60-day period does not trades of the United States; or vessel; and make, in the aggregate, more than 4 calls to ‘‘(II) offers passage or cruises on passenger ‘‘(40b) ‘transportation of merchandise or United States ports; and vessels the owner, operator, or charterer em- passengers by water between points’ means, ‘‘(B) during any calendar year does not ploys in the coastwise trade or in the coast- without regard to the origin or ultimate des- make, in the aggregate, more than 6 calls to wise trade as part of those cruises offered in tination of the merchandise or passengers in- United States ports. the foreign ocean (including the Great volved— ‘‘(c) EMPLOYMENT IN THE COASTWISE Lakes) trades of the United States.’’; ‘‘(A) in the case of merchandise, loading TRADE.—Subject to the applicable laws of (6) by redesignating paragraph (14a) as merchandise at 1 point and permanently un- the United States regulating the coastwise paragraph (14b); loading the merchandise at another point; or trade and trade with Canada, only a vessel (7) by inserting after paragraph (14) the fol- ‘‘(B) in the case of passengers, embarking with a certificate of documentation endorsed lowing new paragraph: passengers at 1 point and permanently dis- with a coastwise endorsement or with a cer- ‘‘(14a) ‘inland waterways trade’— embarking the passengers at another tificate issued under subsection (b) may be ‘‘(A) means— point.’’. employed in the coastwise trade.’’. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5591

(d) INLAND WATERWAYS ENDORSEMENTS.— for engaging in the transportation of mer- ‘‘(A) the vessel is documented with an in- Section 12107 of title 46, United States Code, chandise; and land waterways endorsement under section is amended to read as follows: ‘‘(2) in the inland waterways trade, in any 12107 of title 46, United States Code; or ‘‘§ 12107. Inland waterways endorsements vessel other than a vessel documented with ‘‘(B) the vessel would be qualified to be an inland waterways endorsement under sec- documented under the laws of the United ‘‘A certificate of documentation may be tion 12107 of title 46, United States Code.’’. States with a coastwise endorsement under endorsed with an inland waterways endorse- (b) REPEALS.—The following provisions are section 12106(a) of title 46, United States ment for a vessel that— repealed: Code, except that the vessel was not built in ‘‘(1) is eligible for documentation; and (1) The Act of April 26, 1938 (52 Stat. 223, the United States. ‘‘(2)(A) was built in the United States; or chapter 174; 46 U.S.C. App. 289a). ‘‘(b) PENALTIES.—When a vessel is operated ‘‘(B) was not built in the United States; (2) Section 12(22) of the Maritime Act of in knowing violation of this section, that but was— 1981 (46 U.S.C. App. 289b). vessel and its equipment are liable to seizure ‘‘(i) captured in war by citizens of the (3) Public Law 98–563 (46 U.S.C. App. 289c). by and forfeiture to the United States Gov- United States and lawfully condemned as ernment.’’. prize; SEC. 6. TOWING AND SALVAGING OPERATIONS. ‘‘(ii) adjudged to be forfeited for a breach Section 4370(a) of the Revised Statutes (46 SEC. 8. CITIZENSHIP AND TRANSFER PROVI- SIONS. of the laws of the United States; or U.S.C. App. 316(a)) is amended to read as fol- ‘‘(iii) is qualified for documentation under lows: (a) CITIZENSHIP OF CORPORATIONS, PART- section 4136 of the Revised Statutes (46 App. ‘‘(a)(1) No vessel (including any barge), NERSHIPS, AND ASSOCIATIONS.—Section 2 of U.S.C. 14).’’. other than a vessel in distress, may be the Shipping Act, 1916 (46 U.S.C. App. 802) is towed— amended— (e) LIMITATIONS ON OPERATIONS AUTHORIZED ‘‘(A) in the coastwise trade by any vessel (1) in subsection (a)— BY CERTIFICATES.—Section 12110(b) of title 46, United States Code, is amended— other than— (A) by inserting a period after ‘‘possession (1) by striking ‘‘coastwise trade’’ and in- ‘‘(i) a vessel documented with a coastwise thereof’’; and serting ‘‘coastwise trade or inland water- endorsement under section 12106(a) of title (B) by striking all that follows the period ways trade’’; and 46, United States Code; or inserted in subparagraph (A) through the end (2) by striking ‘‘that trade’’ and inserting ‘‘(ii) a vessel registered in a foreign coun- of the subsection; and ‘‘those trades’’. try, if the Secretary of the Treasury finds, (2) by striking subsection (c). pursuant to information furnished by the (b) APPROVAL OF TRANSFER OF REGISTRY OR SEC. 4. TRANSPORTATION OF MERCHANDISE IN Secretary of State, that the government of OPERATION UNDER AUTHORITY OF A FOREIGN THE COASTWISE AND INLAND WA- TERWAYS TRADES. that foreign country and the government of COUNTRY OR FOR SCRAPPING IN A FOREIGN the country of which each ultimate owner of COUNTRY; PENALTIES.—Section 9 of the Ship- (a) IN GENERAL.—Section 27 of the Mer- ping Act, 1916 (46 U.S.C. App. 808) is amend- chant Marine Act, 1920 (46 U.S.C. App. 883) is the towing vessel is a citizen extend recip- ed— amended to read as follows: rocal privileges to vessels of the United States to tow vessels (including barges) in (1) by striking subsection (c) and inserting ‘‘SEC. 27. PROHIBITION. the coastal waters of that country; or the following: ‘‘No merchandise, including merchandise ‘‘(B) in the inland waterways trade by any ‘‘(c) Except as provided in section 611 of owned by the United States Government, a vessel other than a vessel documented with the Merchant Marine Act, 1936 (46 U.S.C. State (as defined in section 2101 of title 46, an inland waterways endorsement under sec- App. 1181) and section 31322(a)(1)(D) of title United States Code), or a political subdivi- tion 12107 of title 46, United States Code. 46, United States Code, a person may not, sion of a State, and including material with- ‘‘(2)(A) The owner and master of any vessel without the approval of the Secretary of out value, shall be transported by water, on that tows another vessel (including a barge) Transportation— penalty of forfeiture of the merchandise (or a in violation of this section shall each be lia- ‘‘(1) place under foreign registry— monetary amount not to exceed the value of ble to the United States Government for a ‘‘(A) a documented vessel; or the merchandise, as determined by the Sec- civil penalty in an amount not less than $250 ‘‘(B) a vessel with respect to which the last retary of the Treasury, or the actual cost of and not greater than $1,000. The penalty documentation was made under the laws of the transportation, whichever is greater, to shall be enforceable through the district the United States; be recovered from any cosigner, seller, court of the United States for any district in ‘‘(2) operate a vessel referred to in para- owner, importer, consignee, agent, or other which the offending vessel is found. graph (1) under the authority of a foreign person that transports or causes the mer- ‘‘(B) A penalty specified in subparagraph government; or chandise to be transported by water)— (A) shall constitute a lien upon the offending ‘‘(3) scrap or transfer for scrapping a vessel ‘‘(1) in the coastwise trade, in any vessel vessel, and that vessel shall not be granted referred to in paragraph (1) in a foreign coun- other than— clearance until that penalty is paid. try.’’; and ‘‘(A) a vessel documented with a coastwise ‘‘(C) In addition to the penalty specified in (2) by striking subsection (d) and inserting endorsement under section 12106(a) of title subparagraph (A), the offending vessel shall the following: 46, United States Code; or be liable to the United States Government ‘‘(d)(1) A person that places a documented ‘‘(B) a vessel that has been issued coast- for a civil penalty in an amount equal to $50 vessel under foreign registry, operates that wise certification under section 12106(b) of per ton of the measurement of the vessel vessel under the authority of a foreign coun- title 46, United States Code, that is in effect towed in violation of this section, which try, or scraps or transfers for scrapping that for engaging in the transportation of mer- shall be recoverable in a libel or other en- vessel in a foreign country— chandise; or forcement action conducted through the dis- ‘‘(A) in violation of this section and know- ‘‘(2) in the inland waterways trade in any trict court for the United States for the dis- ing that that placement, operation, scrap- vessel other than a vessel documented with trict in which the offending vessel is found.’’. ping, or transfer for scrapping is a violation an inland waterways endorsement under sec- SEC. 7. DREDGING OPERATIONS. of this section shall, upon conviction, be tion 12107 of title 46, United States Code.’’. The first section of the Act of May 28, 1906 fined under title 18, United States Code, im- (b) REPEAL.—Section 27A of the Merchant (34 Stat. 204, chapter 2566; 46 U.S.C. App. 292), prisoned for not more than 5 years, or both; Marine Act, 1920 (46 App. U.S.C. 883–1) is re- is amended to read as follows: or pealed. ‘‘SECTION 1. VESSELS THAT MAY ENGAGE IN ‘‘(B) otherwise in violation of this section SEC. 5. TRANSPORTATION OF PASSENGERS. DREDGING. shall be liable to the United States Govern- (a) IN GENERAL.—Section 8 of the Act of ‘‘(a) IN GENERAL.—A vessel may engage in ment for a civil penalty of not more than June 19, 1886 (24 Stat. 81, chapter 421; 46 dredging operations— $10,000 for each violation. U.S.C. App. 289) is amended to read as fol- ‘‘(1) on the navigable waters included in ‘‘(2) A documented vessel may be seized by, lows: the coastwise trade, if— and forfeited to, the United States Govern- ‘‘SEC. 8. PROHIBITION. ‘‘(A) the vessel is documented with a coast- ment if that vessel is placed under foreign ‘‘No passengers shall be transported by wise endorsement under section 12106(a) of registry, operated under the authority of a water, on penalty of $200 for each passenger title 46, United States Code; or foreign country, or scrapped or transferred so transported or the actual cost of the ‘‘(B) the vessel is registered in a foreign for scrapping in a foreign country in viola- transportation, whichever is greater, to be country and the Secretary of the Treasury tion of this section.’’. recovered from the vessel so transporting the finds, pursuant to information furnished by SEC. 9. LABOR PROVISIONS. passenger— the Secretary of State, that the government (a) LIABILITY FOR INJURY OR DEATH OF MAS- ‘‘(1) in the coastwise trade, in any vessel of that foreign country and each government TER OR CREW MEMBER.—Section 20(a) of the other than— of the country of which an ultimate owner of Act of March 4, 1915 (38 Stat. 1185, chapter ‘‘(A) a vessel documented with a coastwise the vessel is a citizen extend reciprocal 153; 46 U.S.C. App. 688(a)) is amended— endorsement under section 12106 of title 46, privileges to vessels of the United States to (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; United States Code; or engage in dredging operations in the coastal (2) by adding at the end of paragraph (1) (as ‘‘(B) a vessel that has been issued a coast- waters of that country; or designated under paragraph (1) of this sub- wise certification under section 12106(b) of ‘‘(2) on the navigable waters included in section) the following new sentence: ‘‘In an title 46, United States Code, that is in effect the inland waterways trade, if— action brought under this subsection against S5592 CONGRESSIONAL RECORD — SENATE May 23, 1996 a defendant employer that does not reside or SEC. 11. ENVIRONMENT. of many of our good citizens and business maintain an office in the United States (in- All vessels, whether documented under the persons who depend upon the animal and cluding any territory or possession of the laws of the United States or not, regularly poultry production industry of North Caro- United States) and that engages in any en- engaging in the United States coastwise lina for their livelihoods. terprise that makes use of 1 or more ports in trade shall comply with all applicable United As a member of the business community the United States (as defined in section 2101 States and international environmental and a farmer from your district, I assure you of title 46, United States Code), jurisdiction standards in force for the United States. that this is an issue of utmost importance shall be under the district court most proxi- SEC. 12. GENERAL REQUIREMENTS. and one that merits your attention and sup- mate to the place of the occurrence of the Each person or entity that is not a citizen port. personal injury or death that is the subject of the United States, as defined in section Thank you for your time and effort and of the action.’’; and 2101(3a) of title 46, United States Code, that please let me know if I may be of assistance. (3) by adding at the end the following new owns or operates vessels that regularly en- Sincerely, paragraph: gage in the United States domestic coastwise WENDELL H. MURPHY, ‘‘(2)(A) The employer of a master or mem- trade shall— Chairman and CEO. ber of the crew of a vessel— (1) establish an office or place, and qualify ‘‘(i) may, at the election of the employer, under the laws of that place, to do business GOLDSBORO MILLING COMPANY, participate in an authorized compensation in the United States; Goldsboro, NC, May 21, 1996. plan under the Longshore and Harbor Work- (2) name an agent upon whom process may DEAR SENATOR HELMS: Let me start by ers’ Compensation Act (33 U.S.C. 901 et seq.); be served; thanking you for all you have done in the and (3) abide by all applicable laws of the Unit- past in support of agri-business in this coun- ‘‘(ii) if the employer makes an election ed States; and try. Your support has meant a great deal to under clause (i), notwithstanding section (4) post evidence of— all of us. 2(3)(G) of the Longshore and Harbor Workers’ (A) financial responsibility in amounts as I’m also writing you today to ask you to Compensation Act (33 U.S.C. 902(3)(G)), shall considered necessary by the Secretary of introduce and support the Coastal Shipping be subject to that Act. Transportation for the business activities of Competition Act—legislation that would ‘‘(B) If an employer makes an election, in that person or entity; and bring much needed reform to our nation’s accordance with subparagraph (A), to par- (B) compliance with applicable United antiquated maritime transportation laws. ticipate in an authorized compensation plan States laws. These laws negatively affect thousands of under the Longshore and Harbor Workers’ businesses across America every day because the laws have eliminated competitive deep- Compensation Act— MURPHY FAMILY FARMS, ‘‘(i) a master or crew member employed by Rose Hill, NC, May 21, 1996. water domestic waterbourne transportation for essential manufacturing inputs and fin- that employer shall be considered to be an Hon. JESSE HELMS, employee for the purposes of that Act; and U.S. Senate, Washington, DC. ished products. The Merchant Marine Act of 1920 (known ‘‘(ii) the liability of that employer under DEAR SENATOR HELMS: I am writing to urge as the Jones Act) has had an ironically anti- that Act to the master or crew member, or you to introduce and sponsor the Coastal American impact. While it may have been to any person otherwise entitled to recover Shipping Competition Act—Legislation that originally written to protect the U.S. ship- damages from the employer based on the in- I believe would bring much needed, yet fair ping industry, the resulting noncompetitive jury, disability, or death of the master or reform to our nation’s antiquated maritime domestic industry is sparsely available, if at crew member, shall be exclusive and in lieu transportation laws. all in many U.S. locations. Not a single of all other liability.’’. North Carolina consumes in its animal and coastal freighter over 1,000 tons is operating (b) MINIMUM REQUIREMENTS.—All vessels, poultry production businesses far more grain on the entire 2,000 mile East Coast of the whether documented in the United States or and oilseed meals than our North Carolina United States. not, operating in the coastwise trade of the farmers are able to produce. Thus far, we Those of us in the poultry and hog business United States shall be subject to minimum have relied upon rail transportation origi- on the East Coast really need an alternative international labor standards for seafarers nating in the ‘‘Eastern Grain Belt’’ states to transportation option for our inputs (such as under international agreements in force for augment local supplies. As our demand in- grain) because the infrastructure of the rail- the United States, as determined by the Sec- creases, we will likely continue to use rail roads is getting critically overloaded. How- retary of Transportation on the advice of the transportation as our primary source of ever, being restricted to using a U.S. owned, Secretaries of Labor and Defense. grains and oilseed meals from production operated and manned ship effectively elimi- SEC. 10. REGULATIONS REGARDING VESSELS. areas outside North Carolina. However, we nates the possibility of getting inputs deliv- (a) APPLICABLE MINIMUM REQUIREMENTS.— are beginning to experience the symptoms of ered by water to east coast ports. Except as provided in paragraph (2), the min- over taxing the capacity of the rail corridors Legislation to reform the Jones Act is des- imum requirements for vessels engaging in that serve us. Additionally, realization of perately needed to help build the competi- the transportation of cargo or merchandise the risks inherent in relying too heavily on tive position of American businesses and ag- in the United States coastwise trade shall be a single source of dry bulk transport to feed ricultural producers. the recognized international standards in live animals and poultry is becoming far too As a member of the business community in force for the United States (as determined by real when we have had major service inter- North Carolina, I can assure you this is an the Secretary of the department in which ruptions on at least three occasions since issue that merits your attention and sup- the Coast Guard is operating, in consultation early December 1995. port. Thanks for all that you have already with any other official of the Federal Gov- We believe that the only other viable done and for your consideration on this mat- ernment that the Secretary determines to be transportation source to supply our needs is ter. appropriate). via water. Yet, after some five years of dili- Sincerely, (b) CONSISTENCY IN APPLICATION OF STAND- gent effort, the only reasonably competitive J.L MAXWELL, Jr. ARDS.—In any case in which any minimum cargo that we have been able to procure via Chairman. requirement for vessels referred to in para- water has been foreign cargoes delivered to graph (1) is inconsistent with a minimum the port of Wilmington on foreign vessels. [From the News & Observer, May 18, 1996] that is applicable to vessels that are docu- This seems illogical to us because we know mented in a foreign country and that are ad- that the United States is the most efficient 800 PERDUE JOBS IN DANGER mitted to engage in the transportation of and largest producer of grains and oilseed (By Jay Price) cargo and merchandise in the United States meals in the world and that our country SILER CITY.—Perdue Farms announced Fri- coastwise trade, the standard applicable to serves as the world’s repository of supply of day that it will padlock its Chatham County United States documented vessels shall be these invaluable resources. chicken processing plant unless the plant deemed to be the standard applicable to ves- Why can’t we access these domestic sup- can be sold within 60 days, placing the future sels that are documented in a foreign coun- plies via water? We believe that a major im- of 800 workers in doubt and sending shock try. pediment lies within the constraints imposed waves through the local economy. (c) MINIMUM REQUIREMENTS FOR VESSELS.— upon us and others by the Merchant Marine The company, which has headquarters in As used in this subsection, the term ‘‘mini- Act of 1920, more commonly known as the Salisbury, Md., blamed the move on high mum requirements for vessels’’ means, with Jones Act. Legislation to reform the Jones feed costs and a glutted chicken market. respect to vessels (including United States Act is desperately needed to help rebuild a ‘‘Hopefully, we’ll find a buyer, and if we documented vessels and foreign documented viable, competitive United States domestic don’t we’ll make the workers aware of job vessels), all safety, manning, inspection, shipping industry and to enhance the com- opportunities at other Perdue facilities,’’ construction, and equipment requirements petitive position of ours and other American said company spokesman Richard Auletta in applicable to those vessels in United States agricultural producers and businesses. I be- New York. coastwise passenger trade, to the extent that lieve that without this legislation we will ex- The news from one of Chatham County’s those requirements are consistent with ap- perience the not so gradual erosion of the largest employers cast a pall over the annual plicable international law and treaties to economic viability of our existing capital Siler City Chicken Festival, which begins which the United States is a signatory. asset base and likewise the economic demise today. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5593 ‘‘I’ve worked here a long time,’’ said Frank Many growers raise chickens part-time. improve administration of our nation’s Torres, a Perdue employee since 1985. ‘‘I Typically, it’s a family affair employing be- securities laws while at the same time don’t know what happened. I can’t do noth- tween one and three people, but some oper- greatly reducing the cost of that regu- ing new. Now all everybody’s got is one piece ations are larger and full-time. The plant was one of a group of processing lation. of paper and a check. I don’t know what will We must always remember that the happen.’’ facilities that Perdue bought from Showell Torres said that Friday morning, employ- Farms in January 1995. Its products are sold cost of securities regulation, however ees were given a letter in Spanish and Eng- mostly to institutional users such as desirable or effective that regulation lish outlining the company’s plans. schools, hospitals and restaurants. may be, is ultimately born by the peo- Perdue said employment at a 28-worker MIXED SIGNALS ple who invest. Today, that includes al- feed mill in Staley also will be scaled back, In recent months, signs were that it was most everyone. Not everyone may have and the operation may later be closed. prospering. Olivier Devaud, director of Chat- a stock portfolio, although an increas- Also affected are 118 growers who raise ham’s Economic Development Commission, chickens for Perdue under contract, mostly ing number of American families do. said the plant had been hiring workers since in Chatham and Randolph counties. Only 30 But most Americans have investments announcing in December that it needed 150 of those will continue to raise birds for the in a mutual fund or have a stake in a more. In the past year Perdue spent $4 mil- company, which will process them at other pension fund that invests in our na- lion for new equipment at the plant and $1 plants. million on an expansion, which was still tion’s securities markets. More and The company said it will try to arrange for under way when Friday’s announcement more small businesses are funding the remaining growers to work with other came. their growth, expansion, and job cre- poultry companies in the area. Other signals were more ominous. In ation with financing from the securi- Perdue said the plant workers, most of March, Perdue—the nation’s No. 2 poultry whom earn $7 to $7.10 an hour, can apply for ties markets. producer—said it would cut production by 7 jobs at other plants, but the closest ones are When I became Chairman of the Se- percent, but that it didn’t plan layoffs. Other in Robbins and Concord, a considerable dis- curities Subcommittee, I was struck by large poultry firms, including Tyson, Hudson tance away by car. the number of State and Federal regu- Foods Inc. and Pilgrims Pride Corp., had al- About noon Friday, workers dressed in ready announced similar cuts. lators, and people in the securities jeans, work boots and hard hats trickled sol- Poultry and eggs make up the most lucra- business, as well as investors, who emnly out of the yellow brick plant and into tive agricultural industry in the state, said commented on the need to reform out- a gravel parking lot. Many, like Torres, are Kim Decker of the state Agriculture Depart- of-date and unnecessary securities reg- migrant workers from Mexico who made ment. In 1994, the most recent year for which their way to Chatham County in search of ulation. The most immediate need in statistics were available, poultry and eggs stability. that regard the Congress addressed last earned farmers $1.9 billion, he said. Domingo Gonzales, 28 years old and the fa- year, with our bill to reform securities In contrast, revenue from hogs was $980 ther of two, has been at the plant for only million and from tobacco, $943 million. litigation. That was a measured, bipar- three months. Statewide, the industry employs more than tisan effort. ‘‘I don’t know what I’ll do,’’ he said, noting 27,000 people. The legislation that we are introduc- that he has been working at odd jobs in the MAJOR JOB SOURCE ing today is a continuation of that bi- United States for nearly nine years and was partisan spirit. I am proud to be joined hoping to finally settle down. ‘‘Maybe I’ll go The plant is Chatham’s third largest em- back to Mexico.’’ ployer. Devaud said its closing would be a by the Chairman of the Banking Com- The fate of many workers like Torres and blow to the local economy. But new compa- mittee, Senator D’AMATO, as well as by Gonzales may depend on complex business nies and expansions are expected to bring 120 the Ranking Member of the Securities forces over which they have no control. new jobs to Siler City in the next month Subcommittee, Senator DODD, together Besides record-high feed prices Perdue alone, and the county’s unemployment rate with Senators BRYAN and MOSELEY- cited a recent jump in fuel costs and an is just 2.7 percent. BRAUN of the Banking Committee. We abundance of poultry, beef and pork as major Devaud said he hopes that Townsend, the have all worked closely in drafting the reasons for the decision. county’s biggest employer, can eventually Producers are paying an estimated 40 per- hire some of the workers at its chicken proc- bill that we are introducing, and have cent more for feed than they did a year ago, essing plant. in addition benefited from comments and are getting lower prices for their prod- One who might be looking is Steven Gar- and suggestions from the SEC, State ucts, said Dr. Tom Carter, a poultry special- ner, who landed a job loading trucks at the securities regulators, trade associa- ist with the N.C. Cooperative Extensive Perdue plant three weeks ago. He was angry tions, the stock exchanges, and self- Service. Friday. regulatory organizations, among oth- ‘‘It’s an unusual situation with the grain ‘‘That’s 800 people,’’ he said between puffs ers. I invite further comments as we of a cigarette. prices so high,’’ Carter said. ‘‘The cost of consider this bill in the Committee and production is higher than the market, and ‘‘I’ve got a family. I’m the one who buys that’s because of high corn prices.’’ the groceries and pays the bills. It’s going to then on the floor of the Senate. I have Carter, however, was optimistic that an- be really hard.’’ intentionally sought to cast the net other company would buy the 61,000-square- wide in seeking comment from the pub- foot plant, which can process 625,000 birds a By Mr. GRAMM (for himself, Mr. lic on this legislation, since, ulti- week. D’AMATO, Mr. BRYAN, and Ms. mately, what we do in this bill affects ‘‘Very seldom does a facility like that go MOSELEY-BRAUN): the people of this country in very im- without a buyer,’’ Carter said. ‘‘On the sur- S. 1815. A bill to provide for improved portant ways. face, it looks like the situation is such that regulation of the securities markets, Mr. President, I would like to com- people wouldn’t want to buy it, but if you eliminate excess securities fees, reduce look beneath the surface, you usually get the ment briefly on some of the key provi- best buy when the price is down.’’ the costs of investing, and for other sions of the bill. Growers also may be able to sell birds else- purposes; to the Committee on Bank- Title I of the bill is called the Invest- where, Carter said. Townsend, Golden Poul- ing, Housing, and Urban Affairs. ment Advisers Integrity Act. It is an try and Mount Aire have poultry processing THE SECURITIES INVESTMENT PROMOTION ACT updated version of a bill that I intro- plants in Siler City, Sanford and Bonlee, re- OF 1996 duced on the first day of the 104th Con- spectively, Carter said. Mr. GRAMM. Mr. President, today I gress, S. 148. There are approximately ‘‘Eventually, growers will adjust and move am joined by Senators D’AMATO, DODD, 25,000 registered investment advisers in in with other companies,’’ Carter said, ‘‘but it may take longer than some can adjust BRYAN, and MOSELEY-BRAUN in intro- the nation today, and the number their finances for.’’ ducing the Securities Investment Pro- keeps growing. The SEC has testified Growers work under contract to processors motion Act of 1996. This is important that they do not have the resources to like Perdue. The processor owns the chick- legislation incorporating reforms sup- supervise effectively such a large num- ens, so in this case the farmers won’t get ported by business and by State and ber of advisers. In the past, proposals stuck with the birds. But they could get Federal Securities regulators. were put forward to increase SEC fund- stuck with big investments in chicken This legislation moves forward in a ing for enforcement of the Investment houses, which cost about $120,000. The aver- significant way to define a division of Adviser Act of 1940 by assessing a $16 age farmer in the area has three houses, said Dr. Glenn Carpenter, a Pittsboro extension labor between the State and Federal million tax on the industry. Even with agent specializing in poultry. Some older governments for the supervision of the such a tax, however, an investment ad- houses may have cost just a few thousand securities industry. In the process two viser could have gone several years dollars, he said. very important goals are achieved. We without an inspection. S5594 CONGRESSIONAL RECORD — SENATE May 23, 1996 Title I of the bill tries a different ap- information than what is already re- zation of international accounting proach, first suggested to me by former quired by the SEC. Moreover, comply- standards. The bill encourages the SEC SEC Commissioner Rick Roberts. This ing with these requirements is time to redouble its efforts to achieve a approach addresses the problem consuming. In just one example, while level of generally accepted accounting through a partnership between the a particular mutual fund was awaiting standards and to report to the Congress Federal and State securities regu- delays in clearing its prospectus with a on its progress. lators, dividing up the responsibility. certain State regulator, its value in- Our nation’s stock exchanges are the The States would have exclusive juris- creased by 16%. That was a 16% growth preeminent exchanges in the world. It diction to register investment advisers denied to the investors of that State is hard to see how we can continue that who manage less than $25 million in who could not place funds with the mu- position long into the next century client assets. These are the investment tual fund until its prospectus had while maintaining formidable obstacle advisers whose activities are most like- cleared the State regulators. No inves- to the listing on our exchanges of the ly to be within their home State. In tor was helped by that delay. The mu- major corporations of the world. I do fact, about half of all investment advis- tual fund industry has dramatically in- not see how any American investor is ers do not personally manage any cli- creased the investment opportunities protected by being forced to resort to ent assets at all. for American families of all levels of the London or Frankfurt stock ex- The SEC would have exclusive re- income, and I am please to further the changes in order to invest in foreign sponsibility for registration of invest- efforts of my colleagues, Congressmen corporations. ment advisers who manage $25 million FIELDS and BLILEY, to move forward Mr. President, this is important leg- or more of client assets, as well as for this important relief from unnecessary islation. Congressman JACK FIELDS and all investment advisors to mutual regulatory burden. the members of the House Commerce funds. These are the investment advis- Similarly, stocks that are traded on Committee have done the country a ers most likely to be engaged in inter- the national stock exchange and trad- great service by setting in motion a state commerce, appropriately a Fed- ing systems would be exempted from process by which the Congress will eral concern. State regulation under the provisions begin to delineate clearly the roles of I would add, Mr. President, that this of this bill. Again, as with mutual the State and Federal governments in provision does not impose a Federal funds, this is a national business, the securities regulation. I hope that this mandate on the States, for under the very kind of activity contemplated by bill can be adopted in short order and provisions of the bill, any State that the Founding Fathers with the inter- meet in conference with similar legis- did not want to assume the responsibil- state commerce clause of the Commis- lation recently adopted unanimously ity for registration of investment ad- sion. by the House Commerce Committee. visers is not required to do so. The ad- One of the provisions of the bill, Mr. President, I ask unanimous con- visers in such a State would then be re- which I consider of high importance, is sent that additional material be print- quired to register with the SEC, re- a requirement that the Chief Econo- ed in the RECORD. gardless of the size of their business. mist of the SEC conduct and publish an There being no objection, the mate- The effect of this division of respon- economic analysis of each new regula- rial was ordered to be printed in the sibility will be that between two-thirds tion before the regulation can enter RECORD, as follows: and three-quarters of investment advis- into effect. Mr. President, the SEC is a SECURITIES INVESTMENT PROMOTION ACT OF ers will be supervised by the States lawyer-heavy agency. The Officer of 1996 where they do their business. On the General Counsel, for example, has a SECTION 1. SHORT TITLE: TABLE OF CONTENTS. other hand, perhaps as much as two- budget of over $10 million and 120 staff Securities Investment Promotion Act of thirds or more of the assets under man- members. By comparison, the Office of 1996. agement will be managed by invest- Economic Analysis, even with the in- SEC. 2. SEVERABILITY. ment advisers supervised by the SEC, crease required by my amendment to Court striking any provision of the Act demonstrating the concentration of the appropriation bill, has a budget of does not affect other provisions. managed assets in the hands of the $3 million and about two dozen employ- TITLE I. INVESTMENT ADVISERS ees. INTEGRITY ACT larger investment advisers, having The actions of the SEC in regulating SEC. 101. SHORT TITLE. multi-state operations. the nation’s capital markets have a I would like to express my apprecia- Investment Advisers Integrity Act. profound impact on the economy of the tion to the representatives of the in- SEC. 102. ENHANCED FUNDING FOR ENFORCE- nation and of the world. It is therefore MENT. vestment adviser industry, the SEC, of paramount importance that a high Authorizes appropriation of up to $16 mil- and the Texas State Securities Com- priority be given within the SEC to lion in each of FY1997 and FY1998 for en- missioner, Denise Crawford, for their careful examination and analysis of the forcement of the Investment Advisers Act of 1940. assistance in revising and crafting this economic and market consequences of title of the bill, and the support that Sec. 103. Improved Supervision Through Federal and its regulations. Otherwise, we are in State Cooperation they have expressed for this approach. danger of regulating blindly, which the Whereas today investment adviser su- Investment advisers with less than $25 mil- economic livelihood and health of the lion in assets under management and that do pervision is limited at best, and more nation cannot risk. not advise a mutual fund are exempted from often than not effectively non-existent, While there are many other impor- registering with the SEC if they are required this division of labor will mean that tant provisions of the bill, I will con- to register with the state where the adviser adequate resources and attention can clude, Mr. President, by emphasizing maintains its business. not be brought to bear to encourage the last section of the bill. This provi- The SEC may exempt from requirements the integrity of the industry and fur- sion addresses the need for improving to register with the SEC other persons or classes of persons if the SEC determines that ther increase the investment opportu- the access to U.S. stock exchanges for nities for American families. registration would be unfair, a burden on the listing of world-class foreign com- interstate commerce, or for other reasons. Mr. President, perhaps the most sig- panies. Today, U.S. accounting stand- The SEC is given similar authority to make nificant impact of this bill will come ards are in many points different from exemptions from state registration. from the provisions assigning respon- the accounting standards of other Investment advisers registered with the sibility for mutual fund prospectuses countries. They are not necessarily SEC are exempt from state investment ad- review to the SEC. Mutual funds spend better, just different. Under current viser regulation. States may require such in- tens of millions of dollars each year regulations, a foreign company wishing vestment advisers to file notice with the complying with a patchwork of varied to list on a U.S. stock exchange would state and pay appropriate fees. and often conflicting State require- first have to meet U.S. accounting SEC. 104. INTERSTATE COOPERATION. ments governing the prospectuses by Investment advisers complying with books standards, which in effect may mean and records requirements of the state of which funds are offered to investors. that the company would have to keep their principal place of business cannot be These requirements are merely dif- two sets of books. subject to added books and records require- ferent, usually duplicative, and to not The SEC has sought to address this ments by other states where they may con- provide investors with any added useful problem through a greater harmoni- duct business. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5595 A state may not require an investment ad- with their capital structure in a written an- lion to 207.4 billion. Clearly our securi- viser to maintain a higher net capital to post nual report to shareholders. ties market is a national treasure. a higher bond than required by the sate Sec. 308 Facilitating National Securities Markets. This bill my colleagues and I intro- where the principal offices are located. Codifies existing state exemptions from duce today represents a bi-partisan ef- SEC. 105. DISQUALIFICATION OF CONVICTED state registration for securities that are fort to improve regulation of the secu- FELONS. traded on a national exchange, the Nasdaq The SEC is authorized to deny investment rities market. The legislation seeks to National Market System, or other exchange maintain our preeminent securities advisery registration to anyone convicted of or system identified by the SEC, and securi- a felony in the previous 10 years. ties sold to qualified purchasers. Exempts market by making it even more effi- TITLE II. FACILITATING INVESTMENT IN from state registration mutual funds and cient and more accessible to those indi- MUTUAL FUNDS other investment companies. No state review viduals and entities who seek entry in SEC. 201. SHORT TITLE. of prospectuses for such securities or mutual order to raise capital. Investment Company Act Amendments of funds. States may impose notice and appro- The legislation streamlines securi- 1996. priate fee requirements and are not limited ties regulation by peeling back layers from enforcing state fraud laws in connec- SEC. 202. FUNDS OF FUNDS. of duplicative, unnecessary and burden- tion with such securities. Allows mutual funds to invest in other mu- some regulation—opening up the cap- tual funds in the same group or family of Sec. 309. Regulatory Flexibility ital markets and promoting capital funds and allows just one of the funds to im- Gives the SEC authority to make exemp- formation. It makes more efficient use pose sales charges on investors. tions from provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. of precious State and Federal resources SEC. 203. FLEXIBLE REGISTRATION OF SECURI- by dividing rather duplicating regu- Sec. 310. Analysis of Economic Effects of Regulation TIES. latory responsibility. These changes Simplifies the calculation and payment of Requires the Chief Economist of the SEC registration fees by mutual funds. to prepare and publish an economic analysis will also strengthen consumer and in- SEC. 204. INVESTMENT COMPANY ADVERTISING of any proposed SEC regulation before it be- vestor protection. PROSPECTUS. comes effective. Authorizes $6 million in ap- INVESTMENT ADVISERS Allows mutual funds to include in their ad- propriations for FY 1997 and $6 million for The Securities Investment Pro- vertising information that was not included FY 1998 for the SEC’s Economic Analysis motion Act fills a significant regu- in their last prospectus. Program, including the Office of Economic latory gap in the area of investment SEC. 205. VARIABLE INSURANCE CONTRACTS. Analysis. advisers. As low interest rates have Gives insurance companies that issue vari- Sec. 311. Privatization of EDGAR caused individuals to flock to the secu- Requires the SEC, within 180 days of enact- able annuities the same ability as mutual rities markets with their savings and funds to set product charges. ment, to submit to Congress a report on its retirement money—often seeking ad- SEC. 206. PROHIBITION ON DECEPTIVE INVEST- plan for promoting competition and innova- MENT COMPANY NAMES. tion of EDGAR through the privatization of vice from an investment adviser—it be- Mutual funds may not have deceptive or all or parts of the system. comes increasingly critical for Con- misleading names. Sec. 312. Improving Coordination of Supervision gress to ensure that investment advis- SEC. 207. EXCEPTED INVESTMENT COMPANIES. Directs the SEC and other securities exam- ers are adequately regulated. The in- Exempts from mutual fund regulation any ination authorities to coordinate their ex- crease in mutual fund investments, fund not publicly offered and whose investors aminations. which are usually managed by invest- are persons who each own at least $5 million Sec. 313. Increased to Foreign Business Information ment advisers, has also contributed to in investments or are institutional investors Facilitates participation by U.S. informa- the growing number of investment ad- owning at least $25 million in investments. tion media in financial press briefings held visers. Within one year the SEC shall prescribe outside of the United States. Right now, 22,000 investment advisers rules to allow employees of such a fund to in- Sec. 314. Short-Form Registration vest in the fund. manage approximately $10.6 trillion in Clarifies that voting and non-voting shares assets. The SEC does not have suffi- SEC. 208. PERFORMANCE FEES. shall be considered in determining whether a Gives authority to the SEC to allow in- company is eligible to use the short-form cient resources to maintain an ade- vestment advisers to be paid performance registration statement. quate inspection program for invest- fees for advising sophisticated investors. Sec. 315. Church Employee Pension Plans ment advisers. According to some SEC TITLE III. REDUCING THE COSTS OF Exempts church employee pension plans estimates, they are only able to inspect SAVING AND INVESTMENT from federal and state securities laws, except some of the smaller investment advis- SEC. 301. EXEMPTION FOR ECONOMIC, BUSINESS, the anti-fraud provisions. The plans would ers once every 30 years. AND INDUSTRIAL DEVELOPMENT continue to be subject to Internal Revenue The bill creates a rational system of COMPANIES. Code regulations regarding eligibility, gov- regulation for investment advisers by Exempts business industrial development ernance, and operations of such plans. dividing between the SEC and the companies from the Investment Company Sec. 316. Promoting Preeminence of American Secu- States responsibility for regulating in- Act if at least 80% of its securities are sold rities Markets to ‘‘accredited’’ investors who are of the vestment advisers. States will regulate Expresses the sense of the Congress that the smaller investment advisers who state where the company is organized. the SEC should reinforce its efforts in devel- SEC. 302. INTRASTATE CLOSED-END INVESTMENT oping generally accepted international ac- operate in their State and manage $25 COMPANY EXEMPTION. counting standards in order to enhance the million or less in assets. The SEC will Raises from $100,000 to $10 million the limit ability of foreign corporations to list their regulate the larger advisers. This sys- for closed-end investment companies to qual- stocks on U.S. exchanges, and requires the tem will enable the States and the SEC ify for an exemption from the Investment SEC to report to Congress in one year on its to share regulatory responsibility—bet- Company Act. progress. ter protecting investors. Sec. 303. Definition of Eligible Portfolio Company Mr. D’AMATO. Mr. President, it is MUTUAL FUNDS Expands the definition of an eligible port- with great enthusiasm that I rise today folio company to include companies with up The Securities Investment Pro- to $4 million in assets. with my colleagues, the chairman and motion Act of 1996 facilitates the reg- ranking member of the Securities Sub- Sec. 304. Definition of Business Development Compa- istration, operation and certain disclo- nies committee, Senator GRAMM and Sen- sures made by mutual funds. Over 30 Removes requirement that a business de- ator DODD, and Senators BRYAN and million U.S. households, or about 31 velopment company provide significant man- MOSELEY-BRAUN to introduce the Secu- percent now own mutual funds. In part agerial assistance. rities Investment Promotion Act of because of low interest rates, by the Sec. 305. Acquisition of Assets by Business Develop- 1996. end of last year mutual fund assets hit ment Companies The U.S. securities market is the pre- the $2.7 trillion mark—exceeding bank Permits BDCs to acquire securities of a eminent market in the world. It is a company it may invest in from sources other deposits for the first time. than the company itself. fair, efficient and orderly market. In This bill allows the mutual fund mar- Sec. 306. Capital Structure Amendments 1995, the U.S. equity market capitaliza- ket to operate as a national market, Allows BDCs that meet certain require- tion of $7.98 trillion represented nearly comprehensively regulated by the SEC. ments to issue a broader range of securities. half of the $16.48 worldwide equity mar- Right now, when a mutual fund reg- Sec. 307. Filing of Written Statements ket. The market is at an all time high, isters its shares it must register with Authorizes the SEC to require BDCs to in- having increased in trading volume 168 the SEC and the States. As a result, clude a description of risk factors associated percent in the last decade from 77.3 bil- mutual funds must comply with a S5596 CONGRESSIONAL RECORD — SENATE May 23, 1996 crazy quilt of regulation imposed by of legislation that will ensure that the tion of investment advisors under the the laws of each of the 50 States. This U.S. securities market remains number Investment Advisors Act of 1940. The bill facilitates mutual fund registra- one in the world. It is not a controver- most important feature of this title is tion by eliminating the requirement sial bill, it enjoys support on both sides to draw a clear, bright line between that mutual funds register with the of the aisle. This bill thoughtfully and those registered investment advisors States. carefully tightens the laws governing who should be regulated at the Federal The bill makes it easier for mutual the securities market. I commend my level by the Securities and Exchange funds to provide current information in colleagues and their staff for their ex- Commission, and those advisors who advertisements; calculate their reg- cellent work in drafting this legisla- are more properly regulated by the istration fees and invest in other mu- tion and plan to move it quickly state that is the advisor’s principal tual funds in their family of funds. It through the Banking Committee. place of business. also provides additional consumer and Mr. DODD. Mr. President, I rise The bill would require investment ad- investor protection by giving the SEC today to join Senators GRAMM, visors with more than $25 million authority to prohibit mutual funds D’AMATO, BRYAN, and MOSELEY-BRAUN under management to be regulated by from naming their funds in a manner in introducing the Securities Invest- the Securities and Exchange commis- that could mislead or confuse inves- ment Promotion Act of 1996. sion, while those with assets under the tors. The U.S. capital markets are vitally $25 million threshold would be regu- CAPITAL FORMATION important for the good economic lated by the state. The bill promotes capital formation health not only of virtually every This bifurcation is necessary because by eliminating overlapping State and American company but for millions it is not realistic to expect the SEC to Federal requirements for registering and millions of individual investors be able to thoroughly supervise the certain types of securities, such as se- who have placed some of their assets more than 25,000 advisors who are reg- curities sold to ‘‘qualified purchasers’’ either directly in securities or, as has istered under the IAA nor is it reason- or securities that are listed on a na- become more and more common, into able to have the advisor industry bur- tional securities exchange or market mutual funds. dened by duplicative state and Federal system. It also gives the SEC flexibil- We must recognize that sustained regulation. This change will allow the ity to identify other exchanges or sys- economic growth is heavily dependent state and Federal regulators to focus tems that should qualify for the ex- upon the continuing ability of our cap- on those parts of the industry that is emption from registration. ital markets and financial services in- within their regulatory expertise, The bill promotes investment in dustry to function efficiently and with while freeing the industry from the small projects and business by making integrity. If companies find impedi- burden of duplicative layers of regula- it easier for economic, business, and in- ments to obtaining capital, they will tion. dustrial development companies to The second title of the bill is entitled not grow. If individuals find impedi- raise money without having to register Facilitating Investment in Mutual ments to their access to securities and with the SEC. These companies will Funds. While most of my colleagues other investments, they will not save. not have to register their securities if are aware of the rapid growth in the Taking steps to enhance the access of 80 percent or more of the securities are mutual fund industry, I wonder how sold to accredited investors within the both corporations and individuals to many are aware that nearly one out of State the company operates. This bill the securities markets is a prudent every three American families has provides further relied for companies means by which Congress can help sus- money invested, in some form or an- operating within one State. The SEC tain or even increase the Nation’s rate other, in mutual funds. Mutual funds, may now exempt from the securities of economic growth. as of 1995, have slightly more than $2 Furthermore, the American capital laws a company with $100,000 in assets trillion dollars under management, that is operating within a State. The markets are the envy of the world. No with $800 billion coming from individ- Securities Investment Promotion Act other nation enjoys the international ual investors and $1.2 trillion coming of 1996 raises this level to $10 million. reputation of our capital markets and from institutional investors. The bill provides liquidity and in- it is necessary for Congress periodi- The significantly increasing impor- vestment opportunities to business de- cally to review and modernize, where tance of the mutual fund industry led velopment companies—enabling these necessary, the laws that make our to a lengthy review by the Securities companies to invest more capital in markets and our financial services in- and Exchange Commission in 1992, enti- small businesses. It also helps venture dustry the world’s leader. tled ‘‘Protecting Investors: A Half-Cen- capitalists tap the capital markets to The legislation that is being intro- tury of Investment Company Regula- fund business endeavors by allowing in- duced today is the culmination of a tion,’’ which made recommendations dividuals and entities to pool a certain lengthy bipartisan effort to reform for modernizing of the Investment amount of investment funds without those aspects of the securities laws Company Act of 1940. The last time having to register with the SEC. that are an outdated impediment to Congress revised the ICA was in 1970, REGULATORY MODERNIZATION the efficient functioning of the securi- and many believe that it is The legislation updates the securities ties industry. The bill will also provide approriate—a quarter century later— laws to reflect the reality of today’s clearer statutory directives to both for Congress to take a fresh look at the marketplace. It simplifies certain pro- state and Federal regulators so that issue of modernization. cedures for paying fees and making dis- the integrity of—and confidence in— Several of the mutual fund provisions closures. It gives the SEC flexibility to our capital markets and financial serv- of the legislation being introduced adapt to the changing financial market ices industry is enhanced. today were originally proposed by the by giving the SEC authority to exempt Mr. President, let me provide a brief SEC in their 1992 report. Other sugges- transactions, individuals or entities summary of the major elements of this tions have been forthcoming since that from the Federal securities laws. legislation. The three main areas that report and represent a careful balance The bill fosters awareness of the cost the bill addresses are: improving the between the need to make the Invest- of regulation by requiring the SEC to regulation of investment advisors ment Company Act fit the mutual fund publish an economic analysis of a pro- under the Investment Advisors Act of industry as it exists today, without posed regulation before it becomes ef- 1940; modernizing and streamlining the sacrificing any investor protection. fective. It also reduces the costs associ- regulation of mutual funds under the This section of the bill contains two ated with revolving door compliance Investment Company Act of 1940; and, major components: the first is to elimi- examinations, where one regulator making modest adjustments in the senate unnecessary state regulation of completes its examination only to be curities laws to account for changes in mutual funds, while preserving the replaced by the next. The legislation the financial world over the past 60 state’s authority to investigate for requires the regulators to coordinate years. fraud and other types of wrongdoing. examinations. Title I, the Investment Advisors In- Mutual funds are highly regulated by The Securities Investment Pro- tegrity Act, would provide much need- the Securities and Exchange Commis- motion Act of 1996 is a significant piece ed clarity to regulators for the regula- sion through the Investment Company May 23, 1996 CONGRESSIONAL RECORD — SENATE S5597 Act of 1940; in fact, this is one of the the Securities Investment Promotion troduction of this bill is just the first most successfully regulated industries Act of 1996. This comprehensive effort step in a longer process and that fur- in America, borne out by the explosive to modernize our regulation of the cap- ther fine tuning and revisions will be in growth in mutual funds since the Act ital markets will help us achieve the order as we learn more about the prac- was passed. In 1940, there were 105 reg- most efficient possible regulatory tical effect of several of its specific istered companies with $2 billion in as- scheme, while preserving investor con- provisions. I have decided to sign on as sets (according to the SEC); today, as I fidence in our markets by maintaining a co-sponsor despite the reservations I mentioned above, there are more than needed investor protection safeguards. have about specific provisions con- 5,300 funds holding over $2 trillion in I come to this issue believing that tained in the bill. I will seek out the assets. our capital formation process is fun- comments and views of federal and The very success of SEC regulation damentally sound. America’s capital state regulators, industry representa- has rendered most individual state reg- markets are the fairest, most success- tives, and investor advocates on these ulations obsolete, not to mention that ful, and the most liquid the world has matters. complying with these duplicative stat- ever known. By virtually every statis- I would like to take just a few minutes is both expensive and burdensome tical measure, our capital markets are utes to briefly highlight a few key pro- on the industry. The costs of this regu- vibrant and healthy. The stock market visions of this legislation: latory burden are passed onto consum- has been setting new records for some More rational investment adviser ers. The legislation we are introducing time now and is in the midst of the oversight. This bill seeks to rationalize today will preempt most state regula- longest run in this century. This has the regulatory scheme for investment tion of mutual funds, while preserving been an unprecedented boom for com- advisers. Over the last decade, both the the state’s necessary ability to protect panies, investors and Wall Street firms. House of Representatives and the Sen- consumers through anti-fraud and The manner in which we reform our ate have held numerous hearings in other statutes. regulation of securities is important which we have been told that our sys- Another area that will be modernized because tens of millions of Americans tem of investment adviser regulation is through adoption of this legislation increasingly rely on our nation’s finan- woefully inadequate, both in terms of will be in the area of smaller funds cial markets to save for retirement, the resources we devote to the effort whose investors are either wealthy in- fund their children’s college education, and the laws that govern the industry. dividuals—defined in the bill as those and to receive a rate of return on sav- Today, we take a modest first step in with more than $5 million in invest- ings that exceeds the rate of inflation. the effort to establish a credible pro- ments—and institutional investors. Today, more than ever, the people of gram of investment adviser oversight. These funds, which are exempt from America are investing in America. For While I applaud the sensible approach many of the provisions of the Invest- the first time in history, mutual fund contained in this bill, it is my hope ment Company Act of 1940 because of assets exceed the deposits of the com- that Congress does not end its consid- their smaller size and unique nature, mercial banking system. eration of this issue here. often provide critically needed capital The growth in the mutual fund indus- This bill will direct the Securities directly to new corporations and gen- try has been nothing short of phenome- and Exchange Commission to focus on erally to America’s emerging indus- nal. Today, there are 2,222 stock funds, the biggest investment advisers—those tries. By modestly expanding the pool 2,576 bond and fixed-income funds, plus who manage more than $25 million of of people and institutions eligible to another 1,000 money-market funds, ac- client assets. Investment advisers who participate in such funds, the legisla- cording to the Investment Company In- fall below this threshold will be over- tion seeks to expand the amount of stitute. In fact, there are now twice as seen by the State securities regulators, capital available for investment, par- many mutual funds—with a value of who appropriately are given the task of ticularly newer, small and moderate around $2.8 trillion—as stocks listed on overseeing the smaller, local invest- sized companies. the New York Stock Exchange. The ment advisers. Now, it may be that the There are also enhanced mutual fund reason for this huge expansion of funds $25 million is not an appropriate divid- disclosure requirements benefiting in- may be summed up in one word: de- ing line. I would look for guidance here vestors that we are continuing to demand. Funds continue to roll off the to the regulators and the industry who velop, and I would anticipate that if assembly line because investors want will be questioned on this issue. If we and when this bill goes to mark-up, more avenues in which to put their learn that the threshold is too high, they will be added to the legislation. money. too low, or too inflexible, I expect we The last title of the bill contains a Investors are attracted to mutual will make the necessary revisions. number of provisions that attempt to funds because the market has remained The oversight of investment advisers remove anomalies that have developed generally trouble-free and because of is an extremely important issue, as within the securities laws as the finan- its relative safety. While much of the more and more Americans turn to cial world has changed over the last credit for this environment should go these financial professionals to help sixty years. These changes, while mod- to go to the industry itself, so too guide them through the increasing est in and of themselves, will neverthe- should credit go to an effective system complexity of our financial markets. less provide significant and needed re- of regulation. In our enthusiasm for Both the Senate and the House of Rep- lief to both investors and industry. updating and modernizing the over- resentatives have addressed the issue In all, Mr. President, this is an ex- sight of this marketplace, care must be of improving investment adviser over- tremely balanced and thoughtful bill taken to maintain vital investor pro- sight for several years now, but each that has been drafted in close consulta- tections that have helped this industry time we have failed to reach an agree- tion with the Securities and Exchange grow and prosper. ment on how best to accomplish such a Commission and the North American Our securities laws and regulations goal. Establishing a more rational sys- Securities Administrators Association, are designed first and foremost to pro- tem for determining jurisdiction is a the umbrella group for the fifty state tect investors and to maintain the in- helpful step. But, it is only a first step. securities administrators. It has been tegrity of the marketplace, thereby If we can all agree on this, I hope that written in bipartisan manner that is promoting trust and confidence in our we can also agree to come back next increasingly rare in this body, and as a system of capital formation. We should year and begin the process of evaluat- result, the bill provides statutory re- strive for a securities regulatory sys- ing whether our investment adviser form that is needed by investors, cor- tem that is tough—but one that also is laws are adequate for the protection of porations and the financial services in- fair and reasonable. investors. For example, as I understand dustry without sacrificing any On balance, I believe that this legis- it, there is little more to the federal consumer protections. I hope that the lation does a good job of eliminating or system of regulation than filling out Senate will move expeditiously to pass modernizing laws and regulations that some paperwork and paying a one-time this legislation. either are duplicative or outdated— fee. There are no minimum standards Mr. BRYAN. Mr. President, I am without sacrificing investor protection. of competency, training, or education pleased to sign on as a co-sponsor of However, I also recognize that the in- to become an investment adviser. We S5598 CONGRESSIONAL RECORD — SENATE May 23, 1996 must take a closer look at this law to S. 1817. A bill to limit the authority S. 1817. A bill to limit the authority determine where it may be deficient of Federal courts to fashion remedies of Federal courts to fashion remedies and to make the necessary improve- that require local jurisdictions to as- that require local jurisdictions to as- ments. sess, levy, or collect taxes, and for sess, levy, or collect taxes, and for Improved State-Federal Coordination. other purposes; to the Committee on other purposes; to the Committee on Today, both the Securities and Ex- the Judiciary. the Judiciary. change Commission and the 50 State THE WISCONSIN WORKS ACT OF 1996 THE FAIRNESS IN JUDICIAL TAXATION ACT OF securities regulators share the respon- Mr. GRASSLEY. Mr. President, I rise 1996 sibility for overseeing our capital mar- today to introduce a measure that will ∑ Mr. GRASSLEY. Mr. President, I in- kets. By and large, this system of assist the President of the United troduce the Fairness in Judicial Tax- shared regulatory responsibility has States in carrying out a promise he ation Act of 1996. I would like to thank worked well, with the SEC taking re- made to the people of Wisconsin that Senator HATCH, Senator KASSEBAUM, sponsibility for market-wide issues, he would approve the Wisconsin Works and Congressman MANZULLO for their while the States focus their attention program. There have been some prob- leadership on this issue. I hope that on the issues most affecting individual lems getting welfare actually acted on. both the House and Senate will move investors and small businesses. I had a very nice letter from the Presi- quickly to pass this bill. I also believe that there is room for dent last year for the work that we did This important piece of legislation improved coordination and a more on the welfare reform bill. But that will curb the awesome power that the clearly defined allocation of respon- measure got vetoed and so did a subse- Federal courts gave themselves in the sibility between the States and the quent measure. Supreme Court Case of Missouri versus SEC. I support the goal of eliminating Now, the President has said that he Jenkins. As this body well knows, in duplicative and overlapping regula- supports the welfare reform demonstra- that case the U.S. Supreme Court ruled tions that do not provide any addition project in Wisconsin, known as that Federal courts could force towns tional protections to investors or to Wisconsin Works. Well, today, on be- and cities across America to raise the markets but which do serve to in- half of myself, Senators COATS, ABRA- taxes—even if State law forbids a tax crease the costs of raising capital. I be- HAM, GRAMM of Texas, ASHCROFT, increase. Amazingly, the Supreme lieve this bill draws brighter lines of CRAIG, COVERDELL, GRASSLEY, GREGG, Court failed to place any effective limi- responsibility between the States and SANTORUM, FAIRCLOTH, and NICKLES, I tation on this power. the SEC, and streamlines the securities am submitting a very brief bill, which, This is outrageous and violates one offering process for American busi- in substance, says that when waivers of the basic principles our great Nation nesses. However, I will withdraw my are submitted by the Wisconsin De- was founded on—no taxation without support if any changes are made to the partment of Health and Services to representation. I really can’t think of a bill that will have the effect of weaken- conduct a demonstration project more un-American creature than a tax ing the State role in policing sales known as Wisconsin Works, those waiv- imposed by an unelected, unaccount- practices, or that will in any way un- ers shall be deemed approved. able Federal judge. I urge my fellow dermine the enforcement authority of We have heard many stories about Senators to remember—the power to State securities regulators or the abil- the need to reform welfare, Mr. Presi- tax is the power to destroy. ity of defrauded investors to recover dent, and one of those stories that has This Congress is working hard to re- their losses in court under State laws. been repeated recently is that of an ex- duce the tax burdens on American fam- Modernization of mutual fund over- periment in Sedalia, MO, where appli- ilies and small businesses. It would be sight. This bill recognizes the fun- cants for food stamps were sent to an a dereliction of duty not to do what we damentally national character of the employer. Many of them took jobs, can to protect the American taxpayer mutual fund industry by assigning ex- which is good. It moved them off public from the destructive power of judge- clusive responsibility for the routine assistance. Those who were turned imposed taxes. review of mutual fund offering docu- down because they were not capable Today, I expect to be appointed to a ments and related materials to the could stay on public assistance. Those national commission which is charged SEC and NASD. The legislation also who refused to show up were taken off with looking into ways to change the encourages further innovation in the of the food stamp rolls. So there was an way the IRS operates so that it will be mutual fund industry by means of ad- incentive for those who did not want to fairer to the American taxpayer. The vertising prospectuses and fund of work. Two people went for the job, but bill I introduce today is intended to funds. they were turned down because they deal with the same sort of problem— While I understand that this section tested positive for drugs. helping to protect the American people of the bill generally corresponds to a Under existing Federal law, the State from the abusive use of Federal power similar section contained in H.R. 3005 of Missouri could not sanction those in the collection of taxes. recently approved by the House Com- people, even though they were turned In my view, and I believe in the view merce Committee, I am troubled that down for a job because they tested of the vast majority of American tax- the Senate version fails to incorporate positive for drugs. The simple point of payers, it doesn’t matter where the two key provisions of the House bill that is that that creates the most per- abuse comes from—the IRS or some that deal with Commission authority verse of incentives—the incentive for Federal judge. The bottom line is that with respect to reporting and record people who are on public assistance and the scale has tipped too far in the di- keeping requirements. who do not want to have to take a job rection of the Federal Government and In closing, I want to say that it is my to get on drugs and they can stay on away from protecting the rights of the intention to carefully consider the the public assistance rolls. American people. feedback and comments we receive on That is the kind of thing that needs Now, we cannot by statute overturn this legislation—from Federal and to be changed. That is why we need Missouri versus Jenkins. And we don’t State securities regulators—from rep- welfare reform. Today, Mr. President, I have the votes to pass a constitutional resentatives of the securities indus- am simply acting to expedite one of amendment. Since the Supreme Court try—and from investor advocates. I the many waivers now pending from has spoken, and we are stuck with will work to revise any provisions that the States, which has been delayed, I judge-imposed taxes, the Fairness in are identified as having the potential understand from the Governors, an av- Judicial Taxation Act goes as far as we to upset the delicate balance between erage of 210 days. This measure, if and can. The bill sets up a six-part test promoting capital formation and pro- when adopted, will deem the waivers which must be met before a judge can tecting investors that this bill now submitted by the State of Wisconsin to compel the raising of taxes. In brief, seeks to accomplish. be approved. before a court could impose a tax, the judge would have to prove: By Mr. GRASSLEY (for himself, By Mr. GRASSLEY (for himself, That there is no way—other than a Mr. HATCH, Mrs. KASSEBAUM, Mr. HATCH, Mrs. KASSEBAUM, tax—to achieve justice; right now, and Mr. BOND): and Mr. BOND): courts can compel the raising of taxes May 23, 1996 CONGRESSIONAL RECORD — SENATE S5599 without even looking to see what else tax will not disproportionately affect legislation which deals with a key as- can be done; any racial, ethnic, or national group, pect of this problem—the imposition of The tax won’t in reality make the and plans submitted by a locality will taxes by Federal courts. It is my hope problems the tax is supposed to fix not effectively redress the deprivation. that the Senate will act expeditiously even worse; These five criteria are similar to the on this important legislation, and com- That the tax will not force property analysis any effective legislature munities will again work together to owners to leave the area, thereby actu- would undertake before imposing a tax improve education for all their chil- ally reducing the amount of tax reve- on its people. It is a reasonable, mod- dren.∑ nue for the town or city; erate approach to a difficult issue. The proposed tax will not cause prop- Mr. President, in 1990, I joined Sen- By Mr. DASCHLE (for himself, erty values to plummet; when property ator Danforth in supporting a constitu- Mr. BRYAN, Mr. DODD, Mr. KEN- owners leave to avoid judge-imposed tional amendment which would pro- NEDY, Mr. LEAHY, Ms. MIKULSKI, taxes, this can cause the value of land hibit judicial taxation. Senator THUR- Ms. MOSELEY-BRAUN Mr. and property to go through the floor; MOND has advocated a legislative solu- ROCKEFELLER, and Mr. SIMON) The tax will not override tax caps set tion to this same issue. While these (by request): by local law; in Missouri versus Jen- various approaches have not yet been S. 1818. A bill to amend the Employee kins, the Supreme Court actually ruled successful, I believe they represent the Retirement Income Security Act of that Federal Judge can strike down emerging consensus that courts should 1974 to provide for retirements savings local tax caps; stay out of the business of imposing and Security; to the Committee on The proposed tax will effectively re- taxes. Labor and Human Resources. dress only the narrow issue before the I would hope that the legislation we S. 1819. A bill to amend the Railroad court; in some cases, Federal judges are introducing today will contribute Retirement Act of 1974 to provide for have used judge-imposed taxation to the important debate about this retirement savings and security; to the plans to pay for vast social engineering issue. Committee on Labor and Human Re- schemes. Mr. President, my interest in the sources. As you can see, Mr. President, these issue of judicial taxation grew out of S. 1820. A bill to amend title 5 of the United States Code to provide for re- six factors will make it difficult—but the experience of the Kansas City, MO, tirement savings and security; to the not impossible—for courts to raise school system. In that case, the Fed- eral judge has essentially taken over Committee on Governmental Affairs. taxes. I wish we could just overturn S. 1821. A bill to amend the Internal Missouri versus Jenkins, but we can’t. the school system by imposing a tax on the local population in order to finance Revenue Code of 1986 to provide for re- So, this is the next best thing. tirement savings and security; to the Importantly, the Fairness in Judicial implementation of a magnet school Committee on Finance. Taxation Act gives everyday, average plan. His intervention, I would argue, Americans the right to go before the has created an undercurrent of ill will, RETIREMENT SAVINGS LEGISLATION Mr. DASCHLE. Mr. President, lack of court and be heard on the issue of tax exacerbated racial tension, and done retirement security is America’s quiet increases. Congress might not be able little to solve, over the long term, the problems with the Kansas City of crisis. to force courts not to raise taxes, but Americans who work hard all their we can at least make the courts listen school system. School desegregation is not an easy lives—either in the workplace or at to people who will be harmed by the issue. It is fraught with emotion, and home—deserve peace of mind that a se- tax increase. And anyone who wants to, there are no magic answers. But impos- cure retirement awaits them. But too and who has appeared before the judge ing a comprehensive solution from the many Americans live in fear that they to oppose the tax, can file their own bench—without the support of the com- cannot afford to retire because they do independent appeal—immediately, and munity—has not proven effective. We not have adequate pension coverage. not at the end of the court case, which simply must find a better approach to Right now, 51 million working Amer- can drag on for many years. this problem—an approach which icans—more than half of private sector Mr. President, this bill is good and brings a community together. workers—have no private pension plan. fair and reasonable. It returns power I, for one, have strongly supported Women are especially hard hit by this back to the American people in a real neighborhood schools. One of the real quiet crisis. Nearly two-thirds of work- and effective way.∑ strengths of our education system has ing women do not have pension plans. ∑ Mrs. KASSEBAUM. Mr. President, I been in its local base. The sense of con- And if you work in a small business, am pleased to join today Senator nection among students, parents, you only have a 1-in-4 chance of get- GRASSLEY in introducing the Fairness school officials, and communities is a ting pension coverage. in Judicial Taxation Act of 1996. I want vitally important source of support for Even those workers fortunate enough to commend Senator GRASSLEY, Sen- children. When education loses its to have a pension plan cannot be sure ator HATCH, and Congressman roots in the neighborhood, we lose the their pensions will actually be there MANZULLO for their leadership on this commitment and emphasis which are when they are ready to retire. Add to important issue. critical to academic success. that the fact that more Americans are In recent years, a number of judges Moreover, at a time when the spending every dollar they earn just to have ordered local governments to im- stresses and outright breakdown of pay the bills, leaving less and less for pose taxes on citizens as a means to many families have denied to children retirement, and it is no wonder people remedy a constitutional violation. In the strong and positive messages they are worried about the future. many of these cases, I have believed should be receiving from the parents, Working Americans should be able to that Federal courts exceeded their lim- the sense of connection and belonging count on a pyramid of income sources ited jurisdiction under article III of the that a school can provide becomes even that, along with Medicare, provides Constitution. While I fully understand more vital. them with a secure retirement. Social the role of the judiciary in protecting I fear that complex, Rube Goldberg Security is the base of that pyramid, constitutional rights, I do not believe solutions involving busing, magnet the foundation of retirement security. that judges should be in the business of schools, and the such—financied by ju- At the top of the pyramid are em- needlessly imposing taxes. dicially imposed taxes—undermine ployer-provided pensions and private Our legislation addresses this issue community support for effective savings. by requiring Federal courts to meet schooling. The business at hand is to From day one, Democrats in this certain criteria before imposing a tax. guarantee that all our students have an Congress have had to fight to protect The Federal court must find that: opportunity for a quality education in Social Security and Medicare from at- There is no other means available to their neighborhoods. That is where we tacks by the far right. And we will con- remedy the deprivation of rights, the should devote our energies and our fi- tinue to defend those programs as the tax will not contribute to the depriva- nancial resources. critical bedrock of retirement security. tion intended to be remedied, the tax Mr. President, I am pleased to join But Social Security and Medicare— will not result in a loss of revenue, the with Senator GRASSLEY in proposing alone—were never intended to provide S5600 CONGRESSIONAL RECORD — SENATE May 23, 1996 full retirement security. If people are easier for small businesses to offer ben- and homemakers alike who face widow- going to retire with dignity and secu- efits to their employees, and by mak- hood or divorce. The current pension rity, they need personal savings, and ing it easier for people to save for their laws often leave widows and divorced they need adequate pension coverage. retirement. women without any of the pension ben- But too many obstacles exist in our A baby boomer will turn 50 every 7 efits earned by their husbands during current system for millions of Ameri- seconds this year. The average Amer- many years of marriage. cans to get and keep pension coverage. ican will hold between four and eight I am very pleased that the President That is why pension reform is one of jobs in his or her lifetime. These trends acted to ensure that these provisions the top 3 priorities for Democrats be- require that we concern ourselves with were included in the administration’s tween now and November. We are com- increasing access to our Nation’s pen- pension bill. The President understands mitted to getting some, if not all, of sion system and ensuring that pensions that our pension laws have to reflect this package back to the President for are portable. the reality faced by women today in his signature before this Congress ends. As the sponsor of S. 1756, the Wom- the work force, in the home, and in re- Democrats plan to ease the fears of en’s Pension Equity Act, I want to take tirement. working Americans by making it easier special note of the attention the Presi- I want to take particular note of the for businesses to offer pension plans, dent’s plan gives to some of the pen- President’s interest in dealing with and easier for workers who do not have sion issues which have a disproportion- two problems affecting widows and di- access to employer-sponsored pensions ate impact on women. vorced widows whose deceased hus- plans to set up their own, tax-free pen- Our pension system was not designed bands participated in the Federal civil sion plans. for working women, either those in the service retirement system. We will also establish a new kind of work force or in the home. The statis- The first provision in this legislation 401(k) plan to help people save up to tics vividly make the case. Women allows a widow or divorced widow to $5,000 a year, tax-free, for retirement. make up 60 percent of seniors over 65 collect their husband’s civil service Workers will be able to take their years old, but 75 percent of the elderly pension if he dies after leaving his civil pensions and retirement savings ac- poor. An elderly woman is twice as service job and before collecting his counts with them when they change likely as a man to live below the pov- pension benefits. The second provision jobs. They will not lose what they have erty line. One reason for the high inci- allows a court that awards a woman already saved every time they take a dence of poverty among older women is part of her husband’s civil service pen- new job. That is essential in an econ- clear—less than one-third of female re- sion upon divorce, to extend that omy where the average worker will tirees receive any pension benefits at award to any lump sum payment made change jobs up to 8 times in his or her all and for those that do, the average if the husband dies before collecting career. benefit is only half that of male retir- benefits. In addition to more pensions, this ees. Over half of all male retirees re- These provisions ensure that women plan will make all pensions more se- ceive pension benefits. will not be left without pension income cure by requiring pension funds to be There are a number of reasons for the in their retirement years because of ab- invested in a more timely manner, and disparity in men’s and women’s pen- surd, yet potentially devastating, pen- by increasing civil and criminal pension coverage and benefits. Women are sion loopholes in the civil service re- alties for pension raiding. more likely to move in and out of the tirement system. Similar language is Finally, Democrats in the Senate work force to care for family, women included in S. 1756. will push to dramatically increase are more likely to work at home, or to Mr. President, the President’s pen- women’s retirement security by ena- work in industries without generous sion initiative will result in significant bling them to earn pensions them- salary or pension benefits, and women improvements in pension coverage for selves, and by making sure women are earn less compared to men—all of older women. This bill is just another aware of the spousal pension funds to which contributes to little or no pen- example of the President’s commit- which they may be entitled. sion income. ment to increase the economic security My colleague from Kansas, Senator This legislation encourages increased of all Americans. KASSEBAUM, predicted in a recent portability and lower vesting require- All Americans need improved pension speech that pension reform would be ments. Allowing workers to earn pen- coverage. We need to know that we can the big issue for the next Congress. I sion benefits quickly and to take those retire without falling into poverty or respectfully disagree with my col- benefits with them when they change becoming a huge financial burden for league. Senate Democrats believe that jobs will directly benefit women, who our families. We need to know that the pension reform is a big issue for this are more likely than men to take time golden years are not going to turn into Congress. There is no reason the Amer- out of the work force to care for their disposable years. ican people should have to wait that children or their parents. I commend the President on his ef- long. This legislation encourages small forts to expand pension coverage, port- People who work hard all their lives business to offer 401(k) plans. Expand- ability, and security for all Americans deserve to be able to retire with dig- ing pension coverage into small busi- and I commend the President for mak- nity and security. We intend to ensure nesses will directly benefit women, who ing a special effort when it comes to that they can, and we intend to do so disproportionately work in small busi- older women living alone—those most this year. nesses. likely to live in poverty. ∑ Ms. MOSELEY-BRAUN. Mr. Presi- This legislation encourages employ- I am proud to be able to cosponsor dent, I am pleased to have this oppor- ers to accept a lump sum rollover of a this important initiative. All Ameri- tunity to join my colleagues in intro- new employee’s pension funds from the cans, women included, deserve to retire ducing President Clinton’s pension leg- previous employer. Making it easier to with dignity.∑ islation, the Retirement Savings and transfer retirement funds directly into f Security Act. This legislation address- a new account, thereby decreasing the ADDITIONAL COSPONSORS es some of the most serious concerns of likelihood of pension savings being the Nation’s work force, and it will spent before retirement, will directly S. 483 have a positive and lasting impact on benefit women, who are almost a third At the request of Mr. HATCH, the the working people of this country. more likely to receive a lump sum pay- name of the Senator from Vermont The Retirement Savings and Security ment as their sole pension income, will [Mr. LEAHY] was added as a cosponsor Act will help America’s working people benefit directly. of S. 483, a bill to amend the provisions prepare for their retirement, and help In addition, this plan contains sev- of title 17, United States Code, with re- ensure their future economic security. eral targeted initiatives that were spect to the duration of copyright, and This plan tackles the significant drawn, in part, from S. 1756, and that for the other purposes. problems of pension coverage and port- will help to further ensure retirement S. 507 ability by making it easier for people security for older women. These are At the request of Mr. PRESSLER, the to enroll in pension plans, by making it initiatives to protect working women name of the Senator from Mississippi May 23, 1996 CONGRESSIONAL RECORD — SENATE S5601

[Mr. LOTT] was added as a cosponsor of COATS] was added as a cosponsor of S. sor of amendment No. 4023 proposed to S. 507, a bill to amend title 18 of the 1643, a bill to amend the Older Ameri- Senate Concurrent Resolution 57, an United States Code regarding false cans Act of 1965 to authorize appropria- original concurrent resolution setting identification documents, and for other tions for fiscal years 1997 through 2001, forth the congressional budget for the purposes. and for other purposes. United States Government for fiscal S. 684 S. 1645 years 1997, 1998, 1999, 2000, 2001, and At the request of Mr. HATFIELD, the At the request of Mr. KERRY, the 2002. name of the Senator from New York name of the Senator from Maine [Ms. AMENDMENT NO. 4025 [Mr. MOYNIHAN] was added as a cospon- SNOWE] was added as a cosponsor of S. At the request of Mr. ROTH, the sor of S. 684, a bill to amend the Public 1645, a bill to regulate United States names of the Senator from Vermont Health Service Act to provide for pro- scientific and tourist activities in Ant- [Mr. JEFFORDS], the Senator from grams of research regarding Parkin- arctica, to conserve Antarctic re- North Dakota [Mr. DORGAN], the Sen- son’s disease, and for other purposes. sources, and for other purposes. ator from Delaware [Mr. BIDEN], the S. 814 S. 1731 Senator from Illinois [Mr. SIMON] and At the request of Mr. MCCAIN, the At the request of Mr. CRAIG, the the Senator from Mississippi [Mr. name of the Senator from North Da- name of the Senator from North Caro- LOTT] were added as cosponsors of kota [Mr. CONRAD] was added as a co- lina [Mr. FAIRCLOTH] was added as a co- amendment No. 4025 proposed to Sen- sponsor of S. 814, a bill to provide for ate Concurrent Resolution 57, an origi- the reorganization of the Bureau of In- sponsor of S. 1731, a bill to reauthorize nal concurrent resolution setting forth dian Affairs, and for other purposes. and amend the National Geologic Map- ping Act of 1992, and for other purposes. the congressional budget for the United S. 948 S. 1743 States Government for fiscal years At the request of Mr. DORGAN, the 1997, 1998, 1999, 2000, 2001, and 2002. name of the Senator from South Da- At the request of Mr. BINGAMAN, the f kota [Mr. DASCHLE] was added as a co- names of the Senator from Montana sponsor of S. 948, a bill to encourage [Mr. BAUCUS], the Senator from Iowa SENATE CONCURRENT RESOLU- organ donation through the inclusion [Mr. GRASSLEY], and the Senator from TION 60—RELATIVE TO A CONDI- of an organ donation card with individ- Oklahoma [Mr. INHOFE] were added as TIONAL ADJOURNMENT OR RE- ual income refund payments, and for cosponsors of S. 1743, a bill to provide CESS OF THE SENATE AND other purposes. temporary emergency livestock feed HOUSE OF REPRESENTATIVES S. 1166 assistance for certain producers, and for other purposes. Mr. LOTT submitted the following At the request of Mr. LUGAR, the concurrent resolution; which was con- names of the Senator from Missouri S. 1747 sidered and agreed to: [Mr. ASHCROFT], and the Senator from At the request of Mr. GRAMM, the S. CON. RES. 60 Virginia [Mr. ROBB] were added as co- name of the Senator from Texas [Mrs. Resolved by the Senate (the House of Rep- sponsors of S. 1166, a bill to amend the HUTCHISON] was added as a cosponsor of Federal Insecticide, Fungicide, and resentatives concurring), That when the Sen- S. 1747, a bill to correct the marking ate recesses or adjourns at the close of busi- Rodenticide Act, to improve the reg- requirements for American-made ness on Thursday, May 23, 1996, Friday, May istration of pesticides, to provide feather and down-filled products. 24, 1996, or Saturday, May 25, 1996, pursuant minor use crop protection, to improve S. 1755 to a motion made by the Majority Leader or pesticide tolerances to safegaurd in- At the request of Mr. DOMENICI, the his designee in accordance with this resolu- fants and children, and for other pur- names of the Senator from South Da- tion, it stand recessed or adjourned until noon on Monday, June 3, 1996, Tuesday, June poses. kota [Mr. PRESSLER], the Senator from S. 1183 4, 1996 or until such time on that day as may Kansas [Mrs. KASSEBAUM], the Senator be specified by the Majority Leader or his At the request of Mr. HATFIELD, the from Iowa [Mr. GRASSLEY], and the designee in the motion to recess or adjourn, name of the Senator from New York Senator from Oklahoma [Mr. INHOFE] or until noon on the second day after mem- [Mr. MOYNIHAN] was added as a cospon- were added as cosponsors of S. 1755, a bers are notified to reassemble pursuant to sor of S. 1183, a bill to amend the Act bill to amend the Federal Agriculture section 2 of this concurrent resolution, of March 3, 1931 (known as the Davis- Improvement and Reform Act of 1996 to whichever occurs first; and that when the Bacon Act), to revise the standards for provide that assistance shall be avail- house adjourns on the legislative day of Thursday, May 23, 1996, it stand adjourned coverage under the Act, and for other able under the noninsured crop assist- purposes. until 2:00 p.m. on Wednesday, May 29, 1996, or ance program for native pasture for until noon on the second day after Members S. 1219 livestock, and for other purposes. are notified to reassemble pursuant to sec- At the request of Mr. FEINGOLD, the S. 1759 tion 2 of this concurrent resolution, which- name of the Senator from Ohio [Mr. At the request of Ms. MIKULSKI, the ever occurs first. GLENN] was added as a cosponsor of S. name of the Senator from Virginia [Mr. SEC. 2. The Majority Leader of the Senate 1219, a bill to reform the financing of and the Speaker of the House, acting jointly WARNER] was added as a cosponsor of S. Federal elections, and for other pur- after consultation with the Minority Leader poses. 1759, a bill to amend title 5, United of the Senate and the Minority Leader of the States Code, to require that written S. 1397 House, shall notify the Members of the Sen- notice be furnished by the Office of ate and House, respectively, to reassemble At the request of Mr. KYL, the name Personnel Management before making whenever, in their opinion, the public inter- of the Senator from Alabama [Mr. any susbstantial change in the health est shall warrant it. SHELBY] was added as a cosponsor of S. f 1397, a bill to provide for State control benefits program for Federal employ- over fair housing matters, and for ees. SENATE CONCURRENT RESOLU- other purposes. SENATE RESOLUTION 250 TION 61—RELATIVE TO COM- S. 1578 At the request of Mr. BROWN, the MENDING AMERICANS WHO At the request of Mr. FRIST, the names of the Senator from California SERVED IN THE COLD WAR [Mrs. BOXER], the Senator from Ohio names of the Senator from Utah [Mr. Mr. DOLE submitted the following [Mr. DEWINE], and the Senator from BENNETT] and the Senator from South concurrent resolution; which was re- Utah [Mr. BENNETT] were added as co- Dakota [Mr. DASCHLE] were added as ferred to the Committee on Armed sponsors of Senate Resolution 250, a cosponsors of S. 1578, a bill to amend Services: the Individuals with Disabilities Edu- resolution expressing the sense of the S. CON. RES. 61 cation Act to authorize appropriations Senate regarding tactile currency for for fiscal years 1997 through 2002, and the blind and visually impaired. Whereas the most dangerous military competition in the history of mankind has come AMENDMENT NO. 4023 for other purposes. to a close without a nuclear holocaust; S. 1643 At the request of Mr. FAIRCLOTH, the Whereas men and women in the armed At the request of Mr. GREGG, the name of the Senator from New York forces, intelligence community, and foreign name of the Senator from Indiana [Mr. [Mr. MOYNIHAN] was added as a cospon- service community of the United States S5602 CONGRESSIONAL RECORD — SENATE May 23, 1996 faithfully performed their duties during the barked on the Strategic Defense Initia- South Dakota, by introducing a resolu- period known as the Cold War; tive, to ensure that future generations tion to name the first of the next gen- Whereas many of these persons were iso- would not grow up fearing a nuclear eration of new attack submarines lated from family and friends and served holocaust. (NSSN) the South Dakota. under arduous conditions in far away lands in order to preserve peace and harmony Now, 50 years after Prime Minister Following naval tradition, naming throughout the world: Churchill’s speech in Fulton, Missouri the first vessel in a new fleet christens Whereas these persons performed their the United States is again the world’s the entire fleet as the class of the first duty in the most successful, extended, mili- only super power. We again are leading vessel named. Hence by naming the tary competition in the history of mankind the world into a new age. Just as first submarine South Dakota, the en- and ensured that weapons of mass destruc- America’s principled leadership was retire NSSN fleet of four would be classi- tion, capable of destroying all humanity, quired for victory in the Cold War, so fied as the South Dakota class. This were never released; will our moral strength be required to honor, naming a class of submarines Whereas the self-discipline and dedication of these persons were fundamental to the face the challenges of the future. after the BB–57 is truly an appropriate prevention of a Super Power conflict; and Mr. President, I think it is only fit- tribute. Whereas the silent determination of these ting that today we take a few moments For my colleagues familiar with U.S. persons brought a peaceful victory to all the to recognize and thank those Ameri- naval history, the name South Dakota people of the world: Now, therefore, be it cans who served our government should recall a tradition of great bat- Resolved by the Senate (the House of Rep- throughout the long years of the Cold tleships and great service. As history resentatives concurring), That Congress ac- War. Without their dedication, brav- records, two separate classes of battle- knowledges the service and sacrifices of ery, and sacrifice our victory would not ships have borne the name South Da- these Americans who contributed to historic have been possible. I am pleased to join kota. Both were marked by innovative victory in the Cold War. Congressman LAZIO in recognizing design, artillery power, and sea Mr. DOLE. Mr. President, today I am these Americans and I know my col- strength. Commissioned in 1908 and au- pleased to join Representative RICK leagues in the Senate join me in this thorized on August 19, 1916, BB–49, the LAZIO of New York, in paying tribute expression of thanks. first of a class of South Dakota battle- to the dedicated Americans who served f ships was to include six potent vessels. in the Armed Forces, Intelligence However, after the United States SENATE CONCURRENT RESOLU- Agencies, and the Diplomatic Corps signed the Washington Arms Naval TION 62—RELATIVE TO THE NAM- during the Cold War. Their courageous Limitation Treaty on February 6, 1922, ING THE FIRST OF THE FLEET efforts not only ensured America’s se- construction of BB–49 and the entire NEW ATTACK SUBMARINES THE curity, but eventually brought peace South Dakota class was canceled due to ‘‘SOUTH DAKOTA’’ and freedom to millions of people a 10-year prohibition on warship con- around the world who had suffered Mr. PRESSLER submitted the fol- struction. The first South Dakota, BB– under communism for decades. lowing concurrent resolution; which 49, would never participate in sea com- In the aftermath of World War II, a was referred to the Committee on bat as she was scrapped before comple- new threat to freedom emerged. Fifty Armed Services: tion. Naval combat for a South Dakota years ago this spring, British Prime S. CON. RES. 62 class of warships would have to wait Minister Winston Churchill warned the Whereas the battleship South Dakota (BB– until World War II. Western world of that new threat in a 57) was commissioned on March 20, 1942, and The next class of South Dakota bat- speech at Westminster College in Ful- was originally scheduled to host the surren- tleships, this time composed of four ton, Missouri. ‘‘From Stettin in the der of Japan in World War II; vessels, was commissioned 33 years Baltic to Trieste in the Adriatic an Whereas the battleship South Dakota (BB– 57) quickly became the flagship of Admiral later in 1941, the first being BB–57. The iron curtain has descended across the four South Dakota class battleships Continent * * *. The Communist par- Chester W. Nimitz’s 3d fleet and was re- nowned as the famous Battleship ‘‘X’’; were faster, stronger, and more resist- ties, which were very small in all these Whereas the battleship South Dakota (BB– ant to damage than any other vessels Eastern States of Europe, have been 57) was one of the greatest and most deco- constructed at that time. In particular, raised to pre-eminence and power far rated battleships of World War II, earning stretching more than 600 feet and dis- beyond their numbers and are seeking the Navy unit commendation, the Asiatic- placing more than 43,000 tons of water, everywhere to obtain totalitarian con- Pacific Campaign Medal with 13 battle stars, BB–57 was equipped with massive fire- the World War II Victory Medal, and the trol. Police governments are prevailing power, which included 9 16-inch guns, in nearly every case, and so far, except Navy Occupation Service Medal; Whereas on January 31, 1947, after only 5 16 5-inch guns, 68 40-millimeter guns, in Czechoslovakia, there is no true de- years of service, the battleship South Da- and 76 20-millimeter guns. mocracy.’’ To combat this new threat kota (BB–57) was decommissioned and placed Both classes of South Dakota battle- Prime Minister Churchill called on us in reserve;; ships represented the ingenious techno- to work to prevent open hostilities and Whereas during its 5 years of dutiful serv- logical and planning expertise of Amer- to ensure the ‘‘* * * establishment of ice, the crew of the battleship South Dakota ica’s battleship designers. These ships conditions of freedom and democracy (BB–57) demonstrated both dedication and courage in their efforts to preserve the secu- were carefully designed to ensure that as rapidly as possible in all countries.’’ our strategic interests and our defense He further called for cooperation be- rity of the United States and protect the freedoms of all Americans; and needs were met. Particularly in the tween the United States and her allies Whereas it is entirely appropriate to have case of BB–57, the planning and design ‘‘* * * in the air, on the sea, all over the first of the fleet of the new attack sub- of the battleship were truly remark- the globe and in science and in indus- marines of the Navy named the ‘‘South Da- able naval achievements, considering try, and in moral force * * *’’ in order kota’’ in order to honor the courage and treaty limitations prior to World War that we might have an ‘‘overwhelming commitment of the brave crew of the battle- II. South Dakota represented future ship South Dakota (BB–57), and to serve as a assurance of security.’’ U.S. domination as a world naval For the next four decades, the United fitting tribute to one of America’s truly great battleships: Now, therefore, be it power. States, with its Allies, stood resolute Resolved by the Senate (the House of Rep- Of course, a well-designed battleship against Communist aggression. The resentatives concurring), That it is the sense is useless without a well-trained, dedi- full resources of our military, intel- of the Congress that the Secretary of the cated crew. I would like to share with ligence organizations, and diplomatic Navy should name the first of the fleet of the my colleagues an excerpt from a letter corps were brought to bear to ensure new attack submarines of the Navy the I received from a crewmember of the freedom and prevent the spread of tyr- ‘‘South Dakota’’. South Dakota. Mr. Elmer Pry’s words anny. The United States, through the Mr. PRESSLER. Mr. President, I rise represent the zeal, loyalty, and team- Marshall Plan, rebuilt Europe. We to honor and recognize Floyd work of those who served on this ship. formed alliances, such as NATO, with Gulbrandson, Al Rickel, Charles This ship was the most fightingest hard our allies to provide a coordinated Skorpik, Willie Wieland, and the rest hitting machine of war that man has ever military response to Communist ag- of the dedicated crew of the famous seen. We took it and by joe we dished it out. gression. And the United States em- World War II battleship BB–57, the I was a very proud person to have the honor May 23, 1996 CONGRESSIONAL RECORD — SENATE S5603 to have been aboard her and I know all my ing World War II. Our veterans are rep- the control or in the possession of the Senate shipmates felt the same. She took us resentative of South Dakota’s ardent can, by administrative or judicial process, be through hell and back. We were mostly a commitment to serving our Nation in taken from such control or possession but by green crew but with the help of the old salts times of peace and war. permission of the Senate; we learned how to do the job and we sure did Whereas, when it appears that documents, it as the record shows but I guess you have However, families who stayed at papers, and records under the control or in to give the credit to our beloved skipper, home also contributed to and sup- the possession of the Senate may promote Captain Thomas L. Gatch. He is the one that ported the war effort. South Dakotans the administration of justice, the Senate will made us a fighting crew. He trained us the young and old dug deep into their take such action as will promote the ends of day he came aboard to shoot and shoot pockets and piggy banks to keep Amer- justice consistently with the privileges of straight. . . . Because of him the ship be- ican troops armed, fed, and clothed. the Senate: Now, therefore, be it came a fighting machine. During eight national fundraising cam- Resolved, That the Chairman and Vice Mr. President, Mr. Pry’s words re- paigns, South Dakota exceeded its Chairman of the Select Committee on Intel- flect that no resource we commit to ligence, acting jointly, are authorized to pro- quotas. South Dakota consistently vide to the Office of Inspector General of the the defense of our country is more val- ranked first or second in the per capita Central Intelligence Agency, under appro- ued and more precious than the brave sale of the Series ‘‘E’’ war bonds, priate security procedures, copies of records individuals who sacrifice and serve. Ad- known as the people’s bonds. South Da- that the Office has requested for use in con- miral Nimitz once said, ‘‘We [cannot] kota raised $111.5 million from the sale nection with its pending review into matters relax our readiness to defend ourselves. of people’s bonds—that is $173 for every related to the Zona Rosa massacre. Our armament must be adequate to the South Dakota man, woman, and child. f needs, but our faith is not primarily in I am proud to hail from a State that AMENDMENTS SUBMITTED these machines of defense but in our- stands for such sacrifice and service. selves’’. This was especially true of the Mr. President, On January 31, 1947, brave crew of the South Dakota. To the the South Dakota was decommissioned THE CONGRESSIONAL BUDGET American people, BB–57 became known and sold as scrap metal for $466,425. The CONCURRENT RESOLUTION as the famed ‘‘Battleship X’’, the flag- mainmast and stubs of the 16-inch gun ship of Adm. Chester W. Nimitz’s Third were saved from salvage and stand as a Fleet during World War II. memorial in Sioux Falls to commemo- BIDEN (AND OTHERS) AMENDMENT When the call to duty went out fol- rate those who served aboard BB–57. NO. 4037 lowing the attack on Pearl Harbor, the The crew of the South Dakota and their Mr. EXON (for Mr. BIDEN, for himself, crew of the South Dakota answered with descendants gather in Sioux Falls Mr. LEAHY, Mr. KOHL, and Mr. HATCH) valiant service. The South Dakota be- every 2 years to reminisce and offer proposed an amendment to the concur- came the most decorated battleship of their respects to those who served our rent resolution (S. Con. Res. 57) setting World War II. She participated in 9 country in war. forth the congressional budget for the major shore bombardments and shot It would be appropriate for the first United States Government for fiscal down 64 enemy aircraft. Collectively, of our next generation of attack sub- years 1997, 1998, 1999, 2000, 2001, and the crew of the South Dakota endured marines—the latest example of naval 2002; as follows: many battles and earned several distin- technological innovation—to carry the At the appropriate place, insert the follow- guished awards, including the Navy name of America’s most decorated bat- ing: Unit Commendation, the Asiatic-Pa- tleship, the South Dakota. NSSN will SEC. . A RESOLUTION REGARDING THE SEN- cific Campaign Medal with 13 battle represent the next generation of under- ATE’S SUPPORT FOR FEDERAL, stars, the World War II Victory Medal, sea superiority. NSSN will have in- STATE AND LOCAL LAW ENFORCE- MENT. and the Navy Occupation Service creased flexibility, maneuverability (a) FINDINGS.—The Senate finds that: Medal. and armaments. If the NSSN is named (1) Our Federal, State and local law en- On October 26, 1942, the South Dakota South Dakota, it will carry the history forcement officers provide essential services entered its first major battle with a of days ago. that preserve and protect our freedoms and green crew on deck. She was attacked My resolution honors the memory of security; by 180 enemy bombers in what is now those associated with the name South (2) Law enforcement officers deserve our known as the Battle of Santa Cruz Is- Dakota, whether it be the designers of appreciation and support; land. Defending both the Enterprise and the previous South Dakota class ships, (3) Law enforcement officers and agencies Hornet aircraft carriers, the South Da- are under increasing attacks, both to their the veterans who served aboard the physical safety and to their reputations; kota boldly exchanged gunfire and shot BB–57, or the thousands of South Da- (4) Federal, State and local law enforce- down an unprecedented 30 enemy air- kotans who unfailingly have answered ment efforts need increased financial com- craft, rendering 2 enemy aircraft car- the call to serve our country. I hope mitment from the Federal Government for riers inoperative. Through repeated my colleagues will join me in further- funding and financial assistance and not the bombardments and heavy fire, only 1 ing the tradition of the South Dakota slashing of our commitment to law enforce- bomb out of 23 struck the South Da- by joining as sponsors of this resolu- ment if they are to carry out their efforts to kota. For their valiant actions and en- tion. combat violent crime; during perseverance, Captain Gatch (5) the President’s Fiscal Year 1996 budget f requested an increase of 14.8% for the Fed- was decorated with the Navy Cross, the eral Bureau of Investigation, 10% for United crew was presented with the Navy Unit SENATE RESOLUTION 256—REL- ATIVE TO THE PRODUCTION OF States Attorneys, and $4 million for Orga- Commendation, and the South Dakota nized Crime Drug Enforcement Task Forces; received the first of 13 battle stars. RECORDS BY THE SELECT COM- while this Congress has increased funding for There is no question that BB–57 was in- MITTEE ON INTELLIGENCE the Federal Bureau of Investigation by strumental in our winning the naval Mr. DOLE (for himself and Mr. 10.8%, 8.4% for United States Attorneys, and war in the Pacific, thus protecting DASCHLE) submitted the following reso- a cut of $15 million for Organized Crime Drug many of the freedoms we and countless lution; which was considered and Enforcement Task Forces; (6) On May 16, 1996, the House of Represent- others around the world enjoy today. agreed to: atives has nonetheless voted to slash $300 The name South Dakota is important S. RES. 256 million from the President’s $5 billion budg- in the history of World War II, not just Whereas, the Office of the Inspector Gen- et request for the Violent Crime Reduction in terms of naval heroism, but also her- eral of the Central Intelligence Agency has Trust Fund for Fiscal Year 1997 in H. Con. oism by South Dakotans on the home- requested that the Select Committee on In- Res. 178; and front and the front lines. The State of telligence provide it with copies of commit- (7) The Violent Crime Reduction Trust South Dakota has a long history of tee records relevant to the Office’s pending Fund as adopted by the Violent Crime Con- strong support for the protection of our review of matters related to the Zona Rosa trol and Law Enforcement Act of 1994 fully massacre of six American citizens in El Sal- funds the Violent Crime Control and Law national security interests. Ten per- vador in 1985; Enforcement Act of 1994 without adding to cent of the population of South Da- Whereas, by the privileges of the Senate of the federal budget deficit. kota, 74,100 individuals, are veterans. the United States and Rule XI of the Stand- (b) SENSE OF THE SENATE.—It is the Sense Of those, 20,100 served our country during Rules of the Senate, no evidence under of the Senate that the provisions and the S5604 CONGRESSIONAL RECORD — SENATE May 23, 1996

functional totals underlying this resolution CHAPTER 6—INDEPENDENT EXPENDITURES ‘‘(2) DEADLINE FOR FILING CERTIFICATION.— assume the Federal Government’s commit- Sec. ll71. Clarification of definitions relat- The certification under paragraph (1) shall ment to fund Federal law enforcement pro- ing to independent expendi- be filed not later than the date the candidate grams and programs to assist State and local tures. files as a candidate for the primary election. efforts shall be maintained and funding for Subtitle C—Miscellaneous Provisions ‘‘(d) GENERAL ELECTION FILING REQUIRE- the Violent Crime Reduction Trust Fund Sec. ll81. Restrictions on use of campaign MENTS.— shall not be cut as the resolution adopted by ‘‘(1) IN GENERAL.—The requirements of this the House of Representatives would require. funds for personal purposes. Sec. ll82. Campaign advertising amend- subsection are met if the candidate files a f ments. certification with the Secretary of the Sen- ate under penalty of perjury that— THE SENATE CAMPAIGN FINANCE Sec. ll83. Filing of reports using computers and facsimile machines. ‘‘(A) the candidate and the candidate’s au- REFORM ACT OF 1996 Sec. ll84. Audits. thorized committees— Sec. ll85. Limit on congressional use of ‘‘(i) met the primary and runoff election the franking privilege. expenditure limits under subsection (b); and MCCAIN (AND OTHERS) Sec. ll86. Authority to seek injunction. ‘‘(ii) did not accept contributions for the AMENDMENT NO. 4038 Sec. ll87. Severability. primary or runoff election in excess of the (Ordered to lie on the table.) Sec. ll88. Expedited review of constitu- primary or runoff expenditure limit under tional issues. Mr. MCCAIN (for himself, Mr. subsection (b), whichever is applicable, re- Sec. ll89. Reporting requirements. duced by any amounts transferred to this FEINGOLD, Mr. THOMPSON, Mr. Sec. ll90. Effective date. election cycle from a preceding election WELLSTONE, Mr. GRAHAM, Mr. SIMON, ll Sec. 91. Regulations. cycle; Mrs. MURRAY, Mr. KERREY, Mr. KERRY, Subtitle A—Senate Election Spending Limits ‘‘(B) at least one other candidate has quali- Mr. KOHL, Mr. DODD, and Mr. BINGA- and Benefits fied for the same general election ballot MAN) submitted an amendment in- SEC. ll11. SENATE ELECTION SPENDING LIMITS under the law of the State involved; tended to be proposed by them to the AND BENEFITS. ‘‘(C) the candidate and the authorized com- bill (S. 1764) to authorize appropria- (a) IN GENERAL.—FECA is amended by add- mittees of the candidate— tions for fiscal year 1997 for military ing at the end the following new title: ‘‘(i) except as otherwise provided by this construction, and for other purposes; ‘‘TITLE V—SPENDING LIMITS AND BENE- title, will not make expenditures that exceed from the Committee on Armed Serv- FITS FOR SENATE ELECTION CAM- the general election expenditure limit under section 502(b); ices; as follows: PAIGNS ‘‘SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE ‘‘(ii) will not accept any contributions in At the end of the bill, insert the following violation of section 315; and new title: BENEFITS. ‘‘(a) IN GENERAL.—For purposes of this ‘‘(iii) except as otherwise provided by this ll TITLE —CAMPAIGN FINANCE REFORM title, a candidate is an eligible Senate can- title, will not accept any contribution for SEC. ll01. SHORT TITLE. didate if the candidate— the general election involved to the extent This title may be cited as the ‘‘Senate ‘‘(1) meets the primary and general elec- that such contribution would cause the ag- Campaign Finance Reform Act of 1996’’. tion filing requirements of subsections (c) gregate amount of contributions to exceed SEC. ll02. AMENDMENT OF CAMPAIGN ACT; and (d); the sum of the amount of the general elec- TABLE OF CONTENTS. ‘‘(2) meets the primary and runoff election tion expenditure limit under section 502(b), (a) AMENDMENT OF FECA.—When used in expenditure limits of subsection (b); reduced by any amounts transferred to this this title, the term ‘‘FECA’’ means the Fed- ‘‘(3) meets the threshold contribution reelection cycle from a previous election cycle eral Election Campaign Act of 1971 (2 U.S.C. quirements of subsection (e); and and not taken into account under subpara- 431 et seq.). ‘‘(4) does not exceed the limitation on ex- graph (A)(ii); and (b) TABLE OF CONTENTS.—The table of con- penditures from personal funds under section ‘‘(D) the candidate intends to make use of tents of this title is as follows: 502(a). the benefits provided under section 503. ll TITLE —CAMPAIGN FINANCE ‘‘(b) PRIMARY AND RUNOFF EXPENDITURE ‘‘(2) DEADLINE FOR FILING CERTIFICATION.— REFORM LIMITS.— The certification under paragraph (1) shall Sec. ll01. Short title. ‘‘(1) IN GENERAL.—The requirements of this be filed not later than 7 days after the ear- Sec. ll02. Amendment of Campaign Act; subsection are met if— lier of— table of contents. ‘‘(A) the candidate or the candidate’s au- ‘‘(A) the date the candidate qualifies for Subtitle A—Senate Election Spending thorized committees did not make expendi- the general election ballot under State law; Limits and Benefits tures for the primary election in excess of or Sec. ll11. Senate election spending limits the lesser of— ‘‘(B) if under State law, a primary or run- and benefits. ‘‘(i) 67 percent of the general election ex- off election to qualify for the general elec- Sec. ll12. Free broadcast time. penditure limit under section 502(b); or tion ballot occurs after September 1, the Sec. ll13. Broadcast rates and preemption. ‘‘(ii) $2,750,000; and date the candidate wins the primary or run- Sec. ll14. Reduced postage rates. ‘‘(B) the candidate and the candidate’s au- off election. ll Sec. 15. Contribution limit for eligible thorized committees did not make expendi- ‘‘(e) THRESHOLD CONTRIBUTION REQUIRE- Senate candidates. tures for any runoff election in excess of 20 MENTS.— Subtitle B—Reduction of Special Interest percent of the general election expenditure ‘‘(1) IN GENERAL.—The requirements of this Influence limit under section 502(b). subsection are met if the candidate and the CHAPTER 1—ELIMINATION OF POLITICAL AC- ‘‘(2) INDEXING.—The $2,750,000 amount candidate’s authorized committees have re- TION COMMITTEES FROM FEDERAL ELECTION under paragraph (1)(A)(ii) shall be increased ceived allowable contributions during the ACTIVITIES as of the beginning of each calendar year applicable period in an amount at least equal Sec. ll21. Ban on activities of political ac- based on the increase in the price index de- to the lesser of— tion committees in Federal termined under section 315(c), except that ‘‘(A) 10 percent of the general election ex- elections. the base period shall be calendar year 1995. penditure limit under section 502(b); or CHAPTER 2—PROVISIONS RELATING TO SOFT ‘‘(c) PRIMARY FILING REQUIREMENTS.— ‘‘(B) $250,000. MONEY OF POLITICAL PARTIES ‘‘(1) IN GENERAL.—The requirements of this ‘‘(2) DEFINITIONS.—For purposes of this subsection are met if the candidate files with title— Sec. ll31. National committees. Sec. ll32. State, district, and local com- the Secretary of the Senate a certification ‘‘(A) the term ‘allowable contributions’ mittees. that— means contributions that are made as gifts Sec. ll33. Tax-exempt organizations. ‘‘(A) the candidate and the candidate’s au- of money by an individual pursuant to a Sec. ll34. Candidates. thorized committees— written instrument identifying such individ- Sec. ll35. Reporting requirements. ‘‘(i) will meet the primary and runoff elec- ual as the contributor, except that such term CHAPTER 3—SOFT MONEY OF PERSONS OTHER tion expenditure limits of subsection (b); and shall not include contributions from individ- THAN POLITICAL PARTIES ‘‘(ii) will only accept contributions for the uals residing outside the candidate’s State to Sec. ll41. Soft money of persons other primary and runoff elections which do not the extent such contributions exceed 40 per- than political parties. exceed such limits; cent of the aggregate allowable contribu- ‘‘(B) the candidate and the candidate’s au- tions (without regard to this subparagraph) CHAPTER 4—CONTRIBUTIONS thorized committees will meet the limita- received by the candidate during the applica- Sec. ll51. Contributions through tion on expenditures from personal funds ble period; and intermediaries and conduits. under section 502(a); and ‘‘(B) the term ‘applicable period’ means— CHAPTER 5—ADDITIONAL PROHIBITIONS ON ‘‘(C) the candidate and the candidate’s au- ‘‘(i) the period beginning on January 1 of CONTRIBUTIONS thorized committees will meet the general the calendar year preceding the calendar Sec. ll61. Allowable contributions for election expenditure limit under section year of the general election involved and complying candidates. 502(b). ending on the date on which the certification May 23, 1996 CONGRESSIONAL RECORD — SENATE S5605 under subsection (c)(2) is filed by the can- expended personal funds in excess of 10 per- ‘‘(C) A candidate may not request more didate; or cent of the general election limits contained than 15 minutes of free broadcast time be ‘‘(ii) in the case of a special election for in this Act choose not to comply with the aired by any one broadcasting station. the office of United States Senator, the pe- provisions of this Act or violate the limita- ‘‘(3)(A) In the case of an election among riod beginning on the date the vacancy in tions on expenditures contained in this Act, more than 2 candidates, the broadcast time such office occurs and ending on the date of such limitations contained in section 502(b) provided under paragraph (1) shall be allo- the general election. of this Act for the complying candidate(s) cated as follows: ‘‘SEC. 502. LIMITATION ON EXPENDITURES. shall be increased by 20 percent.’’ ‘‘(i) The amount of broadcast time that ‘‘(a) LIMITATION ON USE OF PERSONAL ‘‘SEC. 503. BENEFITS ELIGIBLE CANDIDATES EN- shall be provided to the candidate of a minor TITLED TO RECEIVE. FUNDS.— party shall be equal to the number of min- ‘‘An eligible Senate candidate shall be en- ‘‘(1) IN GENERAL.—The aggregate amount of utes allocable to the State multiplied by the expenditures that may be made during an titled to receive— percentage of the number of popular votes election cycle by an eligible Senate can- ‘‘(1) the broadcast media rates provided received by the candidate of that party in didate or such candidate’s authorized com- under section 315(b) of the Communications the preceding general election for the Senate mittees from the sources described in para- Act of 1934; in the State (or if subsection (d)(4)(B) ap- graph (2) shall not exceed the lesser of— ‘‘(2) the free broadcast time provided under plies, the percentage determined under such ‘‘(A) 10 percent of the general election ex- section 315(c) of such Act; and subsection). penditure limit under subsection (b); or ‘‘(3) the reduced postage rates provided in ‘‘(ii) The amount of broadcast time re- ‘‘(B) $250,000. section 3626(e) of title 39, United States Code. maining after assignment of broadcast time ‘‘SEC. 504. CERTIFICATION BY COMMISSION. ‘‘(2) SOURCES.—A source is described in this to minor party candidates under clause (i) subsection if it is— ‘‘(a) IN GENERAL.—Not later than 48 hours shall be allocated equally between the major ‘‘(A) personal funds of the candidate and after an eligible candidate qualifies for a party candidates. members of the candidate’s immediate fam- general election ballot, the Commission ‘‘(B) In the case of an election where only ily; or shall certify the candidate’s eligibility for 1 candidate qualifies to be on the general ‘‘(B) personal loans incurred by the can- free broadcast time under section 315(b)(2) of election ballot, no time shall be required to didate and members of the candidate’s im- the Communications Act of 1934. The Com- be provided by a licensee under this sub- mediate family. mission shall revoke such certification if it section. determines a candidate fails to continue to ‘‘(3) AMENDED DECLARATION.—A candidate ‘‘(4) The Federal Election Commission who— meet the requirements of this title. shall by regulation exempt from the require- ‘‘(b) DETERMINATIONS BY COMMISSION.—All ‘‘(A) declares, pursuant to this Act, that ments of this subsection— determinations (including certifications the candidate does not intend to expend ‘‘(A) a licensee whose signal is broadcast under subsection (a)) made by the Commis- funds described in paragraph (2) in excess of substantially nationwide; and sion under this title shall be final, except to $250,000; and ‘‘(B) a licensee that establishes that such the extent that they are subject to examina- ‘‘(B) subsequently changes such declara- requirements would impose a significant eco- tion and audit by the Commission under section or expends such funds in excess of that nomic hardship on the licensee.’’; and tion 505. amount, (2) in subsection (d), as redesignated— shall file an amended declaration with the ‘‘SEC. 505. REPAYMENTS; ADDITIONAL CIVIL PEN- (A) by striking ‘‘and’’ at the end of para- ALTIES. Commission and notify all other candidates graph (1); ‘‘(a) EXCESS PAYMENTS; REVOCATION OF for the same office not later than 24 hours (B) by striking the period at the end of STATUS.—If the Commission revokes the cer- after changing such declaration or exceeding paragraph (2) and inserting a semicolon; and tification of a candidate as an eligible Sen- such limits, whichever first occurs, by send- (C) by adding at the end the following new ate candidate under section 504(a), the Com- ing a notice by certified mail, return receipt paragraphs: mission shall notify the candidate, and the requested. ‘‘(3) the term ‘major party’ means, with re- candidate shall pay an amount equal to the ‘‘(b) GENERAL ELECTION EXPENDITURE spect to an election for the United States value of the benefits received under this LIMIT.— Senate in a State, a political party whose title. candidate for the United States Senate in ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(b) MISUSE OF BENEFITS.—If the Commis- the preceding general election for the Senate vided in this title, the aggregate amount of sion determines that any benefit made avail- in that State received, as a candidate of that expenditures for a general election by an eli- able to an eligible Senate candidate under party, 25 percent or more of the number of gible Senate candidate and the candidate’s this title was not used as provided for in this popular votes received by all candidates for authorized committees shall not exceed the title, or that a candidate has violated any of the Senate; lesser of— the spending limits contained in this Act, ‘‘(4) the term ‘minor party’ means, with re- ‘‘(A) $5,500,000; or the Commission shall so notify the candidate spect to an election for the United States ‘‘(B) the greater of— and the candidate shall pay an amount equal Senate in a State, a political party— ‘‘(i) $950,000; or to the value of such benefit.’’. ‘‘(A) whose candidate for the United States ‘‘(ii) $400,000; plus (b) TRANSITION PERIOD.—Expenditures ‘‘(I) 30 cents multiplied by the voting age made before January 1, 1997, shall not be Senate in the preceding general election for population not in excess of 4,000,000; and counted as expenditures for purposes of the the Senate in that State received 5 percent ‘‘(II) 25 cents multiplied by the voting age limitations contained in the amendment or more but less than 25 percent of the num- population in excess of 4,000,000. made by subsection (a). ber of popular votes received by all candidates for the Senate; or ‘‘(2) EXCEPTION.—In the case of an eligible SEC. ll12. FREE BROADCAST TIME. ‘‘(B) whose candidate for the United States Senate candidate in a State that has not (a) IN GENERAL.—Section 315 of the Com- Senate in the current general election for more than 1 transmitter for a commercial munications Act of 1934 (47 U.S.C. 315) is the Senate in that State has obtained the Very High Frequency (VHF) television sta- amended— signatures of at least 5 percent of the State’s tion licensed to operate in that State, para- (1) in subsection (a)— registered voters, as determined by the chief graph (1)(B)(ii) shall be applied by substitut- (A) by striking ‘‘within the meaning of this voter registration official of the State, in ing— subsection’’ and inserting ‘‘within the mean- support of a petition for an allocation of free ‘‘(A) ‘80 cents’ for ‘30 cents’ in subclause ing of this subsection and subsection (c)’’; broadcast time under this subsection; and (I); and (B) by redesignating subsections (c) and (d) ‘‘(5) the term ‘Senate election cycle’ ‘‘(B) ‘70 cents’ for ‘25 cents’ in subclause as subsections (d) and (e), respectively; and means, with respect to an election to a seat (II). (C) by inserting immediately after sub- in the United States Senate, the 6-year pe- ‘‘(3) INDEXING.—The amount otherwise de- section (b) the following new subsection: termined under paragraph (1) for any cal- ‘‘(c)(1) An eligible Senate candidate who riod ending on the date of the general elec- endar year shall be increased by the same has qualified for the general election ballot tion for that seat.’’. percentage as the percentage increase for shall be entitled to receive a total of 30 min- (b) EFFECTIVE DATE.—The amendments such calendar year under section 501(b)(2). utes of free broadcast time from broadcast- made by this section shall apply to general ‘‘(c) PAYMENT OF TAXES.—The limitation ing stations within the State or an adjacent elections occurring after December 31, 1996 under subsection (b) shall not apply to any State. (and the election cycles relating thereto). expenditure for Federal, State, or local taxes ‘‘(2)(A) Unless a candidate elects otherwise, SEC. ll13. BROADCAST RATES AND PREEMP- with respect to earnings on contributions the broadcast time made available under TION. raised. this subsection shall be between 6:00 p.m. (a) BROADCAST RATES.—Section 315(b) of ‘‘(d) SPECIAL EXCEPTION FOR COMPLYING and 10:00 p.m. on any day that falls on Mon- the Communications Act of 1934 (47 U.S.C. CANDIDATES RUNNING AGAINST NON-COMPLY- day through Friday. 315(b)) is amended— ING CANDIDATES.—If in the case of an election ‘‘(B) Except as otherwise provided in this (1) by striking ‘‘(b) The changes’’ and in- with more than one candidate where one or Act, a candidate may use such time as the serting ‘‘(b)(1) The changes’’; more candidates who have received contribu- candidate elects except that such time may (2) by redesignating paragraphs (1) and (2) tions in excess of 10 percent of the general not be used in intervals of less than 30 sec- as subparagraphs (A) and (B), respectively; election limits contained in this Act or has onds or more than 5 minutes. (3) in paragraph (1)(A), as redesignated— S5606 CONGRESSIONAL RECORD — SENATE May 23, 1996 (A) by striking ‘‘forty-five’’ and inserting certified under section 315(e) of such Act) of ‘‘(9) For the purposes of the limitations ‘‘30’’; and the State.’’. provided by paragraphs (1) and (2), any polit- (B) by striking ‘‘lowest unit charge of the (b) EFFECTIVE DATE.—The amendments ical committee that is established, financed, station for the same class and amount of made by this section shall apply to the gen- maintained, or controlled, directly or indi- time for the same period’’ and inserting eral elections occurring after December 31, rectly, by any candidate or Federal office- ‘‘lowest charge of the station for the same 1996 (and the election cycles relating there- holder shall be deemed to be an authorized amount of time for the same period on the to). committee of such candidate or office- same date’’; and SEC. ll15. CONTRIBUTION LIMIT FOR ELIGIBLE holder.’’. (4) by adding at the end the following new SENATE CANDIDATES. (2) Section 302(e)(3) of FECA (2 U.S.C. 432) paragraph: Section 315(a)(1) of FECA (2 U.S.C. is amended to read as follows: ‘‘(2) In the case of an eligible Senate can- 441a(a)(1)) is amended— ‘‘(3) No political committee that supports, didate (as described in section 501(a) of the (1) by inserting ‘‘except as provided in sub- or has supported, more than one candidate Federal Election Campaign Act), the charges paragraph (B),’’ before ‘‘to’’ in subparagraph may be designated as an authorized commit- for the use of a television broadcasting sta- (A); tee, except that— tion during the 30-day period and 60-day pe- (2) by redesignating subparagraphs (B) and ‘‘(A) a candidate for the office of President riod referred to in paragraph (1)(A) shall not (C) as subparagraphs (C) and (D), respec- nominated by a political party may des- exceed 50 percent of the lowest charge de- tively; and ignate the national committee of such politi- scribed in paragraph (1)(A).’’. (3) by inserting immediately after subpara- cal party as the candidate’s principal cam- (b) PREEMPTION; ACCESS.—Section 315 of graph (A) the following new subparagraph: paign committee, if that national committee such Act (47 U.S.C. 315), as amended by sec- ‘‘(B) to any eligible Senate candidate and maintains separate books of account with re- tion ll12(a), is amended— the authorized political committees of such spect to its functions as a principal cam- (1) by redesignating subsections (d) and (e) candidate with respect to any election for paign committee; and as redesignated, as subsections (e) and (f), re- the office of United States Senator (if any ‘‘(B) a candidate may designate a political spectively; and other Senate candidate chooses not to com- committee established solely for the purpose (2) by inserting immediately after sub- ply with the expenditure limits contained in of joint fundraising by such candidates as an section (c) the following subsection: this Act and has received contributions in authorized committee.’’. ‘‘(d)(1) Except as provided in paragraph (2), excess of 10 percent of the general election (d) RULES APPLICABLE WHEN BAN NOT IN a licensee shall not preempt the use, during limits contained in this Act or has expended EFFECT.—(1) For purposes of FECA, during any period specified in subsection (b)(1)(A), personal funds in excess of 10 percent of the any period beginning after the effective date of a broadcasting station by an eligible Sen- general election limits contained in this Act) in which the limitation under section 324 of ate candidate who has purchased and paid for which, in the aggregate, exceed $2,000;’’. that Act (as added by subsection (a)) is not such use pursuant to subsection (b)(2). Subtitle B—Reduction of Special Interest in effect— ‘‘(2) If a program to be broadcast by a Influence (A) the amendments made by subsections broadcasting station is preempted because of CHAPTER 1—ELIMINATION OF POLITICAL (a), (b), and (c) shall not be in effect; circumstances beyond the control of the ACTION COMMITTEES FROM FEDERAL (B) it shall be unlawful for a multican- broadcasting station, any candidate adver- ELECTION ACTIVITIES didate political committee, intermediary, or conduit (as that term is defined in section tising spot scheduled to be broadcast during SEC. ll21. BAN ON ACTIVITIES OF POLITICAL that program may also be preempted.’’. 315(a)(8) of FECA, as amended by section ACTION COMMITTEES IN FEDERAL ll (c) REVOCATION OF LICENSE FOR FAILURE TO ELECTIONS. 51 of this title), to make a contribution PERMIT ACCESS.—Section 312(a)(7) of the (a) IN GENERAL.—Title III of FECA (2 to a candidate for election, or nomination Communications Act of 1934 (47 U.S.C. U.S.C. 301 et seq.) is amended by adding at for election, to Federal office (or an author- 312(a)(7)) is amended— the end the following new section: ized committee) to the extent that the making or accepting of the contribution will (1) by striking ‘‘or repeated’’; ‘‘BAN ON FEDERAL ELECTION ACTIVITIES BY cause the amount of contributions received (2) by inserting ‘‘or cable system’’ after POLITICAL ACTION COMMITTEES ‘‘broadcasting station’’; and by the candidate and the candidate’s author- ‘‘SEC. 324. Notwithstanding any other pro- (3) by striking ‘‘his candidacy’’ and insert- ized committees from multicandidate politi- vision of this Act, no person other than an ing ‘‘the candidacy of such person, under the cal committees to exceed 20 percent of the individual or a political committee may same terms, conditions, and business prac- aggregate Federal election spending limits make contributions, solicit or receive con- tices as apply to its most favored adver- applicable to the candidate for the election tributions, or make expenditures for the pur- tiser’’. cycle; and pose of influencing an election for Federal (d) EFFECTIVE DATE.—The amendments (C) it shall be unlawful for a political com- office.’’. made by this section shall apply to the gen- mittee, intermediary, or conduit, as that (b) DEFINITION OF POLITICAL COMMITTEE.— term is defined in section 315(a)(8) of FECA eral elections occurring after December 31, (1) Section 301(4) of FECA (2 U.S.C. 431(4)) is 1995 (and the election cycles relating there- (as amended by section ll51 of this title), amended to read as follows: to make a contribution to a candidate for to). ‘‘(4) The term ‘political committee’ SEC. ll14. REDUCED POSTAGE RATES. election, or a nomination for an election, to means— Federal office (or an authorized committee (a) IN GENERAL.—Section 3626(e) of title 39, ‘‘(A) the principal campaign committee of of such candidate) in excess of the amount United States Code, is amended— a candidate; (1) in paragraph (2)— an individual is allowed to give directly to a ‘‘(B) any national, State, or district com- candidate or a candidate’s authorized com- (A) in subparagraph (A)— mittee of a political party, including any (i) by striking ‘‘and the National’’ and in- mittee. subordinate committee thereof; (2) A candidate or authorized committee serting ‘‘the National’’; and ‘‘(C) any local committee of a political that receives a contribution from a multi- (ii) by inserting before the semicolon the party that— candidate political committee in excess of following: ‘‘, and, subject to paragraph (3), ‘‘(i) receives contributions aggregating in the amount allowed under paragraph (1)(B) the principal campaign committee of an eli- excess of $5,000 during a calendar year; shall return the amount of such excess con- gible Senate candidate;’’; ‘‘(ii) makes payments exempted from the tribution to the contributor. (B) in subparagraph (B), by striking ‘‘and’’ definition of contribution or expenditure after the semicolon; under paragraph (8) or (9) aggregating in ex- CHAPTER 2—PROVISIONS RELATING TO (C) in subparagraph (C), by striking the pe- cess of $5,000 during a calendar year; or SOFT MONEY OF POLITICAL PARTIES riod and inserting a semicolon; and ‘‘(iii) makes contributions or expenditures SEC. ll31. NATIONAL COMMITTEES. (D) by adding after subparagraph (C) the aggregating in excess of $1,000 during a cal- A national committee of a political party, following new subparagraphs: endar year; and including the national congressional cam- ‘‘(D) the term ‘principal campaign commit- ‘‘(D) any committee jointly established by paign committees of a political party, and tee’ has the meaning given such term in sec- a principal campaign committee and any any officers or agents of such party commit- tion 301 of the Federal Election Campaign committee described in subparagraph (B) or tees, shall not solicit or receive any con- Act of 1971; and (C) for the purpose of conducting joint fund- tributions, donations, or transfers of funds, ‘‘(E) the term ‘eligible Senate candidate’ raising activities.’’. or spend any funds, not subject to the limita- has the meaning given such term in section (2) Section 316(b)(2) of FECA (2 U.S.C. tions, prohibitions, and reporting require- 501(a) of the Federal Election Campaign Act 441b(b)(2)) is amended— ments of this title. This provision shall of 1971.’’; and (A) by inserting ‘‘or’’ after ‘‘subject;’’; apply to any entity that is established, fi- (2) by adding after paragraph (2) the follow- (B) by striking ‘‘and their families; and’’ nanced, maintained or controlled by a na- ing new paragraph: and inserting ‘‘and their families.’’; and tional committee of a political party, includ- ‘‘(3) The rate made available under this (C) by striking subparagraph (C). ing the national congressional campaign subsection with respect to an eligible Senate (c) CANDIDATE’S COMMITTEES.—(1) Section committees of a political party, and any offi- candidate shall apply only to that number of 315(a) of FECA (2 U.S.C. 441a(a)) is amended cer or agents of such party committees, pieces of mail equal to 2 times the number of by adding at the end the following new para- other than an entity that is regulated by sec- individuals in the voting age population (as graph: tion ll32 of this Act. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5607 SEC. ll32. STATE, DISTRICT, AND LOCAL COM- SEC. ll35. REPORTING REQUIREMENTS. CHAPTER 3—SOFT MONEY OF PERSONS MITTEES. (a) REPORTING REQUIREMENTS.—Section 304 OTHER THAN POLITICAL PARTIES (a) Any amount expended or disbursed by a of FECA (2 U.S.C. 434) is amended by adding SEC. ll41. SOFT MONEY OF PERSONS OTHER State, district, or local committee of a polit- at the end the following new subsection: THAN POLITICAL PARTIES. ical party, during a calendar year in which a Section 304 of FECA (2 U.S.C. 434), as Federal election is held, for any activity ‘‘(d) POLITICAL COMMITTEES.—(1) The na- amended by section ll35(c), is amended by which might affect the outcome of a Federal tional committee of a political party, any adding at the end the following new sub- election, including but not limited to any congressional campaign committee of a po- section: voter registration and get-out-the-vote ac- litical party, and any subordinate committee ‘‘(f) ELECTION ACTIVITY OF PERSONS OTHER tivity, any generic campaign activity, and of either, shall report all receipts and dis- THAN POLITICAL PARTIES.—(1)(A)(i) If any any communication that identifies a Federal bursements during the reporting period, person to which section 325 does not apply candidate (regardless of whether a State or whether or not in connection with an elec- makes (or obligates to make) disbursements local candidate is also mentioned or identi- tion for Federal office. for activities described in section 325(b) in fied) shall be made from funds subject to the ‘‘(2) A political committee (not described excess of $2,000, such person shall file a state- limitations, prohibitions and reporting rein paragraph (1)) to which section 325 applies ment— quirements of this title. shall report all receipts and disbursements ‘‘(I) on or before the date that is 48 hours (b) Paragraph (a) shall not apply to ex- including separate schedules for receipts and before the disbursements (or obligations) are penditures or disbursements made by a disbursements for any State Party Grass- made; or State, district or local committee of a politi- roots Fund described in section 301(21). ‘‘(II) in the case of disbursements (or obligations) that are required to be made within cal party for— ‘‘(3) Any political committee to which sec- 14 days of the election, on or before such 14th (1) a contribution to a candidate other tion 325 applies shall include in its report day. than for Federal office, provided that such under paragraph (1) or (2) the amount of any ‘‘(ii) An additional statement shall be filed contribution is not designated or otherwise transfer described in section 325(d)(2) and earmarked to pay for activities described in each time additional disbursements aggre- shall itemize such amounts to the extent re- gating $2,000 are made (or obligated to be subparagraph (a) above; quired by subsection (b)(3)(A). (2) the costs of a State or district/local po- made) by a person described in clause (i). litical convention; ‘‘(4) Any political committee to which ‘‘(B) This paragraph shall not apply to— (3) the non-Federal share of a State, dis- paragraph (1) or (2) does not apply shall re- ‘‘(i) a candidate or a candidate’s authorized trict or local party committee’s administra- port any receipts or disbursements that are committees; or tive and overhead expenses (but not includ- used in connection with a Federal election. ‘‘(ii) an independent expenditure (as de- ing the compensation in any month of any ‘‘(5) If a political committee has receipts fined in section 301(17)). individual who spends more than 20 percent or disbursements to which this subsection ‘‘(2) Any statement under this section shall of his or her time on activity during such applies from any person aggregating in ex- be filed with the Secretary of the Senate or month which may affect the outcome of a cess of $200 for any calendar year, the politi- the Clerk of the House of Representatives, and the Secretary of State (or equivalent of- Federal election). For purposes of this provi- cal committee shall separately itemize its ficial) of the State involved, as appropriate, sion, the non-federal share of a party com- reporting for such person in the same man- and shall contain such information as the mittee’s administrative and overhead ex- ner as required in subsection (b) (3)(A), (5), or Commission shall prescribe, including penses shall be determined by applying the (6). whether the disbursement is in support of, or ratio of the non-Federal disbursements to ‘‘(6) Reports required to be filed under this in opposition to, 1 or more candidates or any the total Federal expenditures and non-Fed- subsection shall be filed for the same time political party. The Secretary of the Senate eral disbursements made by the committee periods required for political committees or Clerk of the House of Representatives during the previous presidential election under subsection (a).’’. shall, as soon as possible (but not later than year to the committee’s administrative and (b) REPORT OF EXEMPT CONTRIBUTIONS.— 24 hours after receipt), transmit a statement overhead expenses in the election year in Section 301(8) of FECA (2 U.S.C. 431(8)) is to the Commission. Not later than 48 hours question; amended by inserting at the end the follow- after receipt, the Commission shall transmit (4) the costs of grassroots campaign mate- ing: the statement to— rials, including buttons, bumper stickers, ‘‘(C) The exclusion provided in subpara- ‘‘(A) the candidates or political parties in- and yard signs, which material solely name graph (B)(viii) shall not apply for purposes of volved; or or depict a State or local candidate; and any requirement to report contributions ‘‘(B) if the disbursement is not in support (5) the cost of any campaign activity con- under this Act, and all such contributions of, or in opposition to, a candidate or politi- ducted solely on behalf of a clearly identified aggregating in excess of $200 shall be re- cal party, the State committees of each po- State or local candidate, provided that such ported.’’. litical party in the State involved. activity is not covered by subparagraph (a) ‘‘(3) The Commission may make its own de- (c) REPORTS BY STATE COMMITTEES.—Sec- above. termination that disbursements described in tion 304 of FECA (2 U.S.C. 434), as amended (c) Any amount spent by a national, State, paragraph (1) have been made or are obli- district or local committee or entity of a po- by subsection (a), is amended by adding at gated to be made. The Commission shall no- litical party to raise funds that are used, in the end the following new subsection: tify the candidates or political parties de- whole or in part, to pay the costs of any ac- ‘‘(e) FILING OF STATE REPORTS.—In lieu of scribed in paragraph (2) not later than 24 tivity covered by paragraph 2(a) above shall any report required to be filed by this Act, hours after its determination.’’. be made from funds subject to the limita- the Commission may allow a State commit- CHAPTER 4—CONTRIBUTIONS tions, prohibitions, and reporting require- tee of a political party to file with the Com- ll ments of this title. SEC. 51. CONTRIBUTIONS THROUGH mission a report required to be filed under INTERMEDIARIES AND CONDUITS. This provision shall apply to any entity State law if the Commission determines such Section 315(a)(8) of FECA (2 U.S.C. that is established, financed, maintained, or reports contain substantially the same infor- 441a(a)(8)) is amended to read as follows: controlled by a State, district or local com- mation.’’. ‘‘(8) For the purposes of this subsection: mittee of a political party or any agent or (d) OTHER REPORTING REQUIREMENTS.— ‘‘(A) Contributions made by a person, ei- officer of such party committee in the same (1) AUTHORIZED COMMITTEES.—Section ther directly or indirectly, to or on behalf of manner as it applies to that committee. 304(b)(4) of FECA (2 U.S.C. 434(b)(4)) is a particular candidate, including contribu- SEC. ll33. TAX-EXEMPT ORGANIZATIONS. amended— tions that are in any way earmarked or oth- No national, State, district or local com- (A) by striking ‘‘and’’ at the end of sub- erwise directed through an intermediary or mittee of a political party shall solicit any paragraph (H); conduit to a candidate, shall be treated as funds for or make any donations to any orga- (B) by inserting ‘‘and’’ at the end of sub- contributions from the person to the can- nization that is exempt from Federal tax- paragraph (I); and didate. If a contribution is made to a can- ation under 26 U.S.C. 501(c). (C) by adding at the end the following new didate through an intermediary or conduit, SEC. ll34. CANDIDATES. subparagraph: the intermediary or conduit shall report the No candidate for Federal office, individual ‘‘(J) in the case of an authorized commit- original source and the intended recipient of holding Federal office, or any agent of such tee, disbursements for the primary election, the contribution to the Commission and the candidate or officeholder, may solicit or re- the general election, and any other election intended recipient. ceive any funds in connection with any Fed- in which the candidate participates;’’. ‘‘(B) Contributions made directly or indi- eral election unless such funds are subject to (2) NAMES AND ADDRESSES.—Section rectly by a person to or on behalf of a par- the limitations, prohibitions and reporting 304(b)(5)(A) of FECA (2 U.S.C. 434(b)(5)(A)) is ticular candidate through an intermediary requirements of this title. This provision amended— or conduit, including contributions arranged shall not apply to the solicitation or receipt (A) by striking ‘‘within the calendar year’’; to be made by an intermediary or conduit, of funds by an individual who is a candidate and shall be treated as contributions from the for a non-Federal office if such activity is (B) by inserting ‘‘, and the election to intermediary or conduit to the candidate if— permitted under State law for such individ- which the operating expenditure relates’’ ‘‘(i) the contributions made through the ual’s non-Federal campaign committee. after ‘‘operating expenditure’’. intermediary or conduit are in the form of a S5608 CONGRESSIONAL RECORD — SENATE May 23, 1996 check or other negotiable instrument made ‘‘(iii) An expenditure if, in the same elec- ‘‘(2) the term ‘inherently personal purpose’ payable to the intermediary or conduit rath- tion cycle, the person making the expendi- means a purpose that, by its nature, confers er than the intended recipient; or ture is or has been— a personal benefit, including a home mort- ‘‘(ii) the intermediary or conduit is— ‘‘(I) authorized to raise or expend funds on gage rent or utility payment, clothing pur- ‘‘(I) a political committee, a political behalf of the candidate or the candidate’s au- chase, noncampaign automobile expense, party, or an officer, employee, or agent of ei- thorized committees; or country club membership, vacation, or trip ther; ‘‘(II) serving as a member, employee, or of a noncampaign nature, household food ‘‘(II) a person whose activities are required agent of the candidate’s authorized commit- items, tuition payment, admission to a to be reported under section 308 of the Fed- tees in an executive or policymaking posi- sporting event, concert, theatre or other eral Regulation of Lobbying Act (2 U.S.C. tion. form of entertainment not associated with a 267), the Foreign Agents Registration Act of ‘‘(iv) An expenditure if the person making campaign, dues, fees, or contributions to a 1938 (22 U.S.C. 611 et seq.), or any successor the expenditure has advised or counseled the health club or recreational facility and any Federal law requiring a person who is a lob- candidate or the candidate’s agents at any other inherently personal living expense as byist or foreign agent to report the activities time on the candidate’s plans, projects, or determined under the regulations promul- of such person; needs relating to the candidate’s pursuit of gated pursuant to section 302(b) of the Sen- ‘‘(III) a person who is prohibited from mak- nomination for election, or election, to Fed- ate Campaign Finance Reform Act of 1996.’’. ing contributions under section 316 or a part- eral office, in the same election cycle, in- (b) REGULATIONS.—Not later than 90 days nership; or cluding any advice relating to the can- after the date of enactment of this title, the ‘‘(IV) an officer, employee, or agent of a didate’s decision to seek Federal office. Federal Election Commission shall promul- person described in subclause (II) or (III) act- ‘‘(v) An expenditure if the person making gate regulations consistent with this title to ing on behalf of such person. the expenditure retains the professional implement subsection (a). Such regulations ‘‘(C) The term ‘contributions arranged to services of any individual or other person shall apply to all contributions possessed by an individual on the date of enactment of be made’ includes— also providing services in the same election this title. ‘‘(i)(I) contributions delivered directly or cycle to the candidate in connection with ll indirectly to a particular candidate or the the candidate’s pursuit of nomination for SEC. 82. CAMPAIGN ADVERTISING AMEND- MENTS. candidate’s authorized committee or agent election, or election, to Federal office, in- Section 318 of FECA (2 U.S.C. 441d) is by the person who facilitated the contribu- cluding any services relating to the can- amended— tion; and didate’s decision to seek Federal office. For (1) in subsection (a)— ‘‘(II) contributions made directly or indi- purposes of this clause, the term ‘profes- (A) in the matter preceding paragraph (1)— rectly to a particular candidate or the can- sional services’ shall include any services (i) by striking ‘‘Whenever’’ and inserting didate’s authorized committee or agent that (other than legal and accounting services ‘‘Whenever a political committee makes a are provided at a fundraising event spon- solely for purposes of ensuring compliance disbursement for the purpose of financing sored by an intermediary or conduit de- with any Federal law) in support of any can- any communication through any broadcast- scribed in subparagraph (B); didate’s or candidates’ pursuit of nomination ing station, newspaper, magazine, outdoor (D) This paragraph shall not prohibit— for election, or election, to Federal office. advertising facility, mailing, or any other ‘‘(i) fundraising efforts for the benefit of a For purposes of this subparagraph, the per- type of general public political advertising, candidate that are conducted by another son making the expenditure shall include or whenever’’; candidate or Federal officeholder; or any officer, director, employee, or agent of (ii) by striking ‘‘an expenditure’’ and in- ‘‘(ii) the solicitation by an individual using such person. serting ‘‘a disbursement’’; and the individual’s resources and acting in the ‘‘(18)(A) The term ‘express advocacy’ (iii) by striking ‘‘direct’’; and individual’s own name of contributions from means when a communication is taken as a (B) in paragraph (3), by inserting ‘‘and per- other persons in a manner not described in whole and with limited reference to external manent street address’’ after ‘‘name’’; and paragraphs (B) and (C).’’. events, an expression of support for or oppo- (2) by adding at the end the following new CHAPTER 5—ADDITIONAL PROHIBITIONS sition to a specific candidate, to a specific subsections: ON CONTRIBUTIONS group of candidates, or to candidates of a ‘‘(c) Any printed communication described particular political party. ll in subsection (a) shall be— SEC. 61. ALLOWABLE CONTRIBUTIONS FOR ‘‘(B) The term ‘expression of support for or ‘‘(1) of sufficient type size to be clearly COMPLYING CANDIDATES. opposition to’ includes a suggestion to take readable by the recipient of the communica- For the purposes of this Federal Election action with respect to an election, such as to tion; Campaign Act of 1971, in order for a can- vote for or against, make contributions to, ‘‘(2) contained in a printed box set apart didate to be considered to be in compliance or participate in campaign activity, or to re- from the other contents of the communica- with the spending limits contained in such frain from taking action.’’. tion; and Act, not less than 60 percent of the total dol- (b) CONTRIBUTION DEFINITION AMEND- ‘‘(3) consist of a reasonable degree of color lar amount of all contributions from individ- MENT.—Section 301(8)(A) of FECA (2 U.S.C. contrast between the background and the uals to a candidate or a candidate’s author- 431(8)(A)) is amended— printed statement. ized committee, not including any expendi- (1) in clause (i), by striking ‘‘or’’ after the ‘‘(d)(1) Any broadcast or cablecast commu- tures, contributions or loans made by the semicolon at the end; nication described in subsection (a)(1) or sub- candidate, shall come from individuals le- (2) in clause (ii), by striking the period at section (a)(2) shall include, in addition to the gally residing in the candidate’s State. the end and inserting ‘‘; or’’; and requirements of those subsections, an audio CHAPTER 6—INDEPENDENT (3) by adding at the end the following new statement by the candidate that identifies EXPENDITURES clause: the candidate and states that the candidate ll ‘‘(iii) any payment or other transaction re- has approved the communication. SEC. 71. CLARIFICATION OF DEFINITIONS RE- ‘‘(2) If a broadcast or cablecast commu- LATING TO INDEPENDENT EXPENDI- ferred to in paragraph (17)(A)(i) that is not TURES. an independent expenditure under paragraph nication described in paragraph (1) is broadcast or cablecast by means of television, the (a) INDEPENDENT EXPENDITURE DEFINITION (17).’’. communication shall include, in addition to AMENDMENT.—Section 301 of FECA (2 U.S.C. Subtitle C—Miscellaneous Provisions the audio statement under paragraph (1), a 431) is amended by striking paragraphs (17) SEC. ll81. RESTRICTIONS ON USE OF CAMPAIGN written statement which— and (18) and inserting the following: FUNDS FOR PERSONAL PURPOSES. ‘‘(A) appears at the end of the communica- (a) RESTRICTIONS ON USE OF CAMPAIGN ‘‘(17)(A) The term ‘independent expendi- tion in a clearly readable manner with a rea- ture’ means an expenditure that— FUNDS.—Title III of FECA (2 U.S.C. 431 et seq.), as amended by section ll21, is amend- sonable degree of color contrast between the ‘‘(i) contains express advocacy; and background and the printed statement, for a ‘‘(ii) is made without the participation or ed by adding at the end the following new section: period of at least 4 seconds; and cooperation of, or without the consultation ‘‘(B) is accompanied by a clearly identifi- of, a candidate or a candidate’s representa- ‘‘RESTRICTIONS ON USE OF CAMPAIGN FUNDS able photographic or similar image of the tive. FOR PERSONAL PURPOSES candidate. ‘‘(B) The following shall not be considered ‘‘SEC. 326. (a) An individual who receives ‘‘(e) Any broadcast or cablecast commu- an independent expenditure: contributions as a candidate for Federal of- nication described in subsection (a)(3) shall ‘‘(i) An expenditure made by— fice— include, in addition to the requirements of ‘‘(I) an authorized committee of a can- ‘‘(1) shall use such contributions only for those subsections, in a clearly spoken man- didate for Federal office, or legitimate and verifiable campaign expenses; ner, the following statement: ‘‘(II) a political committee of a political and ‘llllllll is responsible for the con- party. ‘‘(2) shall not use such contributions for tent of this advertisement.’ (with the blank ‘‘(ii) An expenditure if there is any ar- any inherently personal purpose. to be filled in with the name of the political rangement, coordination, or direction with ‘‘(b) As used in this subsection— committee or other person paying for the respect to the expenditure between the can- ‘‘(1) the term ‘campaign expenses’ means communication and the name of any con- didate or the candidate’s agent and the per- expenses attributable solely to bona fide nected organization of the payor). If broad- son making the expenditure. campaign purposes; and cast or cablecast by means of television, the May 23, 1996 CONGRESSIONAL RECORD — SENATE S5609 statement shall also appear in a clearly read- the seat held by the Member during the pe- TERRITORIES AND FREELY ASSO- able manner with a reasonable degree of riod between January 1 of that year and the CIATED STATES LEGISLATION color contrast between the background and date of the general election for that Office, the printed statement, for a period of at unless the Member has made a public an- least 4 seconds.’’. nouncement that the Member will not be a MURKOWSKI AMENDMENT NO. 4039 SEC. ll83. FILING OF REPORTS USING COMPUT- candidate for reelection to that year or for ERS AND FACSIMILE MACHINES. election to any other Federal office.’’. (Ordered referred to the Committee Section 302(g) of FECA (2 U.S.C. 432(g)) is SEC. ll86. AUTHORITY TO SEEK INJUNCTION. on Energy and Natural Resources.) amended by adding at the end the following Section 309(a) of FECA (2 U.S.C. 437g(a)) is Mr. MURKOWSKI submitted an new paragraph: amended— amendment intended to be proposed by ‘‘(6)(A) The Commission, in consultation (1) by adding at the end the following new him to the bill (S. 1804) to make tech- with the Secretary of the Senate and the paragraph: Clerk of the House of Representatives, may nical and other changes to the laws prescribe regulations under which persons ‘‘(13)(A) If, at any time in a proceeding de- dealing with the Territories and Freely required to file designations, statements, scribed in paragraph (1), (2), (3), or (4), the Associated States of the United States; and reports under this Act— Commission believes that— as follows: ‘‘(i) there is a substantial likelihood that a ‘‘(i) are required to maintain and file them At the end of the bill add the following new violation of this Act is occurring or is about for any calendar year in electronic form ac- section: to occur; cessible by computers if the person has, or ‘‘SEC. 9. BIKINI AND ENEWETAK MEDICAL CARE. has reason to expect to have, aggregate con- ‘‘(ii) the failure to act expeditiously will result in irreparable harm to a party affected In fulfillment of the terms of Public Law tributions or expenditures in excess of a 96–205 and section 103(h)(1) of Public Law 99– threshold amount determined by the Com- by the potential violation; ‘‘(iii) expeditious action will not cause 239, the Secretary of Energy shall include mission; and the populations of Bikini and Enewetak ‘‘(ii) may maintain and file them in that undue harm or prejudice to the interests of others; and within its existing special medical care pro- manner if not required to do so under regula- gram in the Marshall Islands at the request tions prescribed under clause (i). ‘‘(iv) the public interest would be best served by the issuance of an injunction, of the local government and on a reimburs- ‘‘(B) The Commission, in consultation with able basis. the Secretary of the Senate and the Clerk of the Commission may initiate a civil action the House of Representatives, shall prescribe for a temporary restraining order or a tem- f regulations which allow persons to file des- porary injunction pending the outcome of ignations, statements, and reports required the proceedings described in paragraphs (1), THE CONGRESSIONAL BUDGET by this Act through the use of facsimile ma- (2), (3), and (4). CONCURRENT RESOLUTION chines. ‘‘(B) An action under subparagraph (A) ‘‘(C) In prescribing regulations under this shall be brought in the United States district paragraph, the Commission shall provide court for the district in which the defendant BYRD (AND OTHERS) AMENDMENT methods (other than requiring a signature on resides, transacts business, or may be found, NO. 4040 the document being filed) for verifying des- or in which the violation is occurring, has Mr. BYRD (for himself, Mr. BINGA- ignations, statements, and reports covered occurred, or is about to occur.’’; by the regulations. Any document verified (2) in paragraph (7), by striking ‘‘(5) or (6)’’ MAN, and Mr. LAUTENBERG) proposed an under any of the methods shall be treated for and inserting ‘‘(5), (6), or (13)’’; and amendment to Senate Concurrent Res- all purposes (including penalties for perjury) (3) in paragraph (11), by striking ‘‘(6)’’ and olution 57, supra; as follows: in the same manner as a document verified inserting ‘‘(6) or (13)’’. On page 3, line 5, increase the amount by by signature. SEC. ll87. SEVERABILITY. $201,000,000. ‘‘(D) The Secretary of the Senate and the On page 3, line 6, increase the amount by If any provision of this title, an amend- Clerk of the House of Representatives shall $408,000,000. ment made by this title, or the application ensure that any computer or other system On page 3, line 7, increase the amount by of such provision or amendment to any per- that they may develop and maintain to re- $649,000,000. son or circumstance is held to be unconstitu- ceive designations, statements, and reports On page 3, line 8, increase the amount by tional, the remainder of this title, the in the forms required or permitted under this $946,000,000. amendments made by this title, and the ap- paragraph is compatible with any such sys- On page 3, line 9, increase the amount by plication of the provisions of such to any tem that the Commission may develop and $1,068,000,000. person or circumstance shall not be affected maintain.’’. On page 3, line 10, increase the amount by thereby. SEC. ll84. AUDITS. $1,142,000,000. (a) RANDOM AUDITS.—Section 311(b) of SEC. ll88. EXPEDITED REVIEW OF CONSTITU- On page 3, line 14, increase the amount by FECA (2 U.S.C. 438(b)) is amended— TIONAL ISSUES. $201,000,000. (1) by inserting ‘‘(1)’’ before ‘‘The Commis- (a) DIRECT APPEAL TO SUPREME COURT.—An On page 3, line 15, increase the amount by sion’’; and appeal may be taken directly to the Supreme $408,000,000. (2) by adding at the end the following new Court of the United States from any inter- On page 3, line 16, increase the amount by paragraph: locutory order or final judgment, decree, or $649,000,000. ‘‘(2) Notwithstanding paragraph (1), the order issued by any court ruling on the con- On page 3, line 17, increase the amount by Commission may after all elections are com- stitutionality of any provision of this title $946,000,000. pleted conduct random audits and investiga- or amendment made by this title. On page 3, line 18, increase the amount by tions to ensure voluntary compliance with (b) ACCEPTANCE AND EXPEDITION.—The Su- $1,068,000,000. this Act. The subjects of such audits and in- preme Court shall, if it has not previously On page 3, line 19, increase the amount by vestigations shall be selected on the basis of ruled on the question addressed in the ruling $1,142,000,000. criteria established by vote of at least 4 below, accept jurisdiction over, advance on On page 4, line 8, increase the amount by members of the Commission to ensure im- the docket, and expedite the appeal to the $1,011,000,000. partiality in the selection process. This para- greatest extent possible. On page 4, line 9, increase the amount by graph does not apply to an authorized com- $1,049,000,000. SEC. ll89. REPORTING REQUIREMENTS. mittee of a candidate for President or Vice On page 4, line 10, increase the amount by President subject to audit under title VI or (a) CONTRIBUTORS.—Section 302(c)(3) of $1,089,000,000. to an authorized committee of an eligible FECA (2 U.S.C. 432(c)(3)) is amended by strik- On page 4, line 11, increase the amount by Senate candidate or an eligible House can- ing ‘‘$200’’ and inserting ‘‘$50’’. $1,131,000,000. didate subject to audit under section (b) DISBURSEMENTS.—Section 302(c)(5) of On page 4, line 12, increase the amount by 522(a).’’. FECA (2 U.S.C. 432(c)(5)) is amended by strik- $1,068,000,000. (b) EXTENSION OF PERIOD DURING WHICH ing ‘‘$200’’ and inserting ‘‘$50’’. On page 4, line 13, increase the amount by CAMPAIGN AUDITS MAY BE BEGUN.—Section SEC. ll90. EFFECTIVE DATE. $1,110,000,000. 311(b) of FECA (2 U.S.C. 438(b)) is amended by Except as otherwise provided in this title, On page 4, line 17, increase the amount by striking ‘‘6 months’’ and inserting ‘‘12 the amendments made by, and the provisions $201,000,000. months’’. of, this title shall take effect on January 1, On page 4, line 18, increase the amount by ll SEC. 85. LIMIT ON CONGRESSIONAL USE OF 1997. $408,000,000. THE FRANKING PRIVILEGE. On page 4, line 19, increase the amount by Section 3210(a)(6)(A) of title 39, United SEC. ll91. REGULATIONS. $649,000,000. States Code, is amended to read as follows: The Federal Election Commission shall On page 4, line 20, increase the amount by ‘‘(A) A Member of Congress shall not mail prescribe any regulations required to carry $946,000,000. any mass mailing as franked mail during a out this title not later than 9 months after On page 4, line 21, increase the amount by year in which there will be an election for the effective date of this title. $1,068,000,000. S5610 CONGRESSIONAL RECORD — SENATE May 23, 1996 On page 4, line 22, increase the amount by (2) Every President since George Washing- The hearing will be held on Tuesday, $1,142,000,000. ton has affirmed the principle of civilian June 25, 1996, it will begin at 9:30 a.m., On page 15, line 16, increase the amount by control of the military; and will take place in room SD–366 of $190,000,000. (3) Twenty-six President of the United On page 15, line 17, increase the amount by States served in the United States Armed the Dirksen Senate Office Building in $118,000,000. Forces prior to their inauguration and none Washington, DC. On page 15, line 24, increase the amount by of them claimed the Presidency represented For further information, please call $224,000,000. a continuation of their military service; James P. Beirne, senior counsel to the On page 15, line 25, increase the amount by (4) No President of the United States prior committee at (202) 224–2564 or Betty $160,000,000. to May 15, 1996, has ever sought relief from Nevitt at (202) 224–0765. On page 16, line 7, increase the amount by legal action on the basis of serving as Com- f $258,000,000. mander-in-Chief of the United States Armed On page 16, line 8, increase the amount by Forces; AUTHORITY FOR COMMITTEES TO $222,000,000. (5) President Clinton is the subject of a MEET On page 16, line 15, increase the amount by sexual harassment lawsuit filed on May 6, $293,000,000. 1994, in Federal District Court in Little COMMITTEE ON BANKING, HOUSING, AND URBAN On page 16, line 16, increase the amount by Rock, Arkansas involving allegations about AFFAIRS $276,000,000. his conduct in May, 1991; Mr. GRASSLEY. Mr. President, I ask On page 16, line 23, increase the amount by (6) On May 15, 1996, a legal brief filed on be- unanimous consent that the Commit- $228,000,000. half of the President of the United States in tee on Banking, Housing, and Urban the Supreme Court asserted the President of On page 16, line 24, increase the amount by Affairs be authorized to meet during $312,000,000. the United States may be entitled to the pro- On page 17, line 7, increase the amount by tections afforded members of the United the session of the Senate on Thursday, $265,000,000. States Armed Forces under the Soldiers’ and May 23, 1996, to conduct a hearing on S. On page 17, line 8, increase the amount by Sailors’ Relief Act of 1940 (50 U.S.C. 501 et. 1317, the Public Utility Holding Com- $304,000,000. al); and pany Act of 1995. On page 23, line 15, increase the amount by (7) The purpose of the Soldiers’ and Sail- The PRESIDING OFFICER. Without $821,000,000. ors’ Civil Relief Act of 1940 is to enable mem- objection, it is so ordered. On page 23, line 16, increase the amount by bers of the military services ‘‘to devote their $83,000,000. entire energy to the defense needs of the na- COMMITTEE ON GOVERNMENTAL AFFAIRS On page 23, line 23, increase the amount by tion’’. Mr. GRASSLEY. Mr. President, I ask $825,000,000. It is the sense of the Senate that the as- unanimous consent on behalf of the On page 23, line 24, increase the amount by sumptions underlying this resolution include Governmental Affairs Committee to $248,000,000. that the President of the United States meet on Thursday, May 23 at 10 a.m. On page 24, line 7, increase the amount by should state unequivocally that he is not en- for a hearing on IRS oversight. titled to and will not seek relief from legal $831,000,000. The PRESIDING OFFICER. Without On page 24, line 8, increase the amount by action under the Soliders’ and Sailors’ Civil $427,000,000. Relief Act of 1940, and that he will direct re- objection, it is so ordered. On page 24, line 15, increase the amount by moval from his legal brief any reference to COMMITTEE ON THE JUDICIARY $838,000,000. the protections of the Act. Mr. GRASSLEY. Mr. President, I ask On page 24, line 16, increase the amount by f unanimous consent that the Commit- $670,000,000. tee on the Judiciary be authorized to On page 24, line 23, increase the amount by NOTICE OF HEARING meet during the session of the Senate $840,000,000. SELECT COMMITTEE ON INDIAN AFFAIRS On page 24, line 24, increase the amount by on Thursday, May 23, 1996, at 10 a.m. to Mr. MCCAIN. Mr. President, I would $756,000,000. hold an executive business meeting. On page 25, line 7, increase the amount by like to announce that the Senate Com- The PRESIDING OFFICER. Without $845,000,000. mittee on Indian Affairs will conduct a objection, it is so ordered. hearing during the session of the Sen- On page 25, line 8, increase the amount by COMMITTEE ON VETERANS’ AFFAIRS $838,000,000. ate on Wednesday, June 26, 1996, at 9:30 Mr. GRASSLEY. Mr. President, the On page 52, line 14, increase the amount by a.m. on amendments to the Indian $1,011,000,000. Committee on Veterans’ Affairs would Child Welfare Act [ICWA]. The hearing like to request unanimous consent to On page 52, line 15, increase the amount by will be held in room 485 of the Russell $201,000,000. hold a hearing on pending legislation On page 52, line 21, increase the amount by Senate Office Building. at 10 a.m., on Thursday, May 23, 1996. Those wishing additional information $1,049,000,000. The hearing will be held in room 418 of should contact the Committee on In- On page 52, line 22, increase the amount by the Russell Senate Office Building. $408,000,000. dian Affairs at 224–2251. On page 52, line 24, increase the amount by The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. $1,089,000,000. RESOURCES On page 52, line 25, increase the amount by Mr. MURKOWSKI. Mr. President, I SELECT COMMITTEE ON INTELLIGENCE $649,000,000. would like to announce for the public Mr. GRASSLEY. Mr. President, I ask On page 53, line 2, increase the amount by that a hearing has been scheduled be- unanimous consent that the Select $1,131,000,000. Committee on Intelligence be author- On page 53, line 3, increase the amount by fore the full Committee on Energy and $946,000,000. Natural Resources to receive testi- ized to meet during the session of the On page 53, line 5, increase the amount by mony regarding S. 1804, a bill to make Senate on Thursday, May 23, 1996, at $1,068,000,000. technical and other changes to the 9:30 a.m. to hold an open hearing on in- On page 53, line 6, increase the amount by laws dealing with the Territories and telligence matters. $1,068,000,000. Freely Associated States of the United The PRESIDING OFFICER. Without On page 53, line 8, increase the amount by objection, it is so ordered. $1,110,000,000. States, that I have introduced today. On page 53, line 9, increase the amount by The hearing will also consider an SPECIAL COMMITTEE ON AGING $1,142,000,000. amendment that I have also introduced Mr. GRASSLEY. Mr. President, I ask that deals with medical care for Bikini unanimous consent that the Special MURKOWSKI (AND OTHERS) and Enewetak Atolls in the Republic of Committee on Aging be authorized to AMENDMENT NO. 4041 the Marshall Islands. In addition to the meet during the session of the Senate on Thursday, May 23, at 9:30 a.m. to Mr. MURKOWSKI (for himself, Mr. legislative matters, the committee will also conduct an oversight into the law hold a hearing to discuss encouraging WARNER, Mr. MCCAIN, Mr. CHAFEE, and enforcement initiative in the Common- return to work in the SSI and DI Pro- Mr. SMITH) proposed an amendment to grams. amendment No. 4022 proposed by Mr. wealth of the Northern Mariana Is- lands. While the report from the Sec- The PRESIDING OFFICER. Without MCCAIN, supra; as follows: retary of the Interior is overdue, I ex- objection, it is so ordered. Strike all after the word ‘‘SEC.’’ and insert: SUBCOMMITTEE ON CHILDREN AND FAMILIES The Congress finds that— pect that it will be submitted in suffi- (1) The Founding Fathers were committed cient time for review and comment by Mr. GRASSLEY. Mr. President, I ask to the principle of civilian control of the the Northern Marianas prior to the unanimous consent that the Sub- military; hearing. committee on Children and Families of May 23, 1996 CONGRESSIONAL RECORD — SENATE S5611 the Committee on Labor and Human I did not rise today simply to point over 95 percent of the intelligence Resources be authorized to meet during out the failures of the intelligence budget is funded through the Depart- the session of the Senate at 9:30 a.m., community. Our intelligence agencies ment of Defense and 85 percent of the Thursday, May 23, 1996, for a hearing are comprised of hard working, dedi- intelligence budget is utilized by agen- on encouraging responsible fatherhood. cated people who often provide critical cies not under his control. This must The PRESIDING OFFICER. Without and accurate information to the Con- change. objection, it is so ordered. gress and the executive branch. How- I am encouraged that the Senate In- f ever, since the end of the cold war our telligence Committee recently took a intelligence needs have changed dra- step toward providing the DCI with ADDITIONAL STATEMENTS matically while our intelligence agen- greater control over the intelligence cies have not. budget. On April 24, the committee supported the Clinton administration’s REFORM OF U.S. INTELLIGENCE The U.S. intelligence community proposal to declassify the amount AGENCIES must reinvent itself to address more effectively the growing threats to our spent on the intelligence budget. More ∑ Mr. LEAHY. Mr. President, I would national security, including regional importantly, the committee supported like to briefly discuss the need for re- conflicts, the proliferation of weapons proposals to give the DCI a role in ap- form of our intelligence agencies. This of mass destruction, international or- pointing the heads of all the intel- is a subject that has occupied the Sen- ganized crime, narcotics trafficking, ligence agencies and greater control ate Select Committee on Intelligence and terrorism. In order to do so effec- over the entire intelligence budget, in- at least since I was vice chairman dur- tively, the intelligence community cluding those intelligence agencies ing the mid-1980’s, and I am encouraged must reduce duplication between agen- within the Pentagon. I applaud the that the Congress and the administra- cies, increase efficiency, create a great- committee’s actions and while I hope tion are making progress on this. I ap- er accountability for the Director of the Senate will debate this further, I plaud the work of Chairman SPECTER Central Intelligence, and increase the urge the members of the Senate Armed and Vice Chairman KERREY for their ef- role of oversight to ensure that the re- Services Committee to support the In- forts in this area. forms are cost effective. telligence Committee’s goals. I do not think there is any longer a In response to the changing role of In addition to providing the DCI with serious question that our intelligence U.S. intelligence, in 1994, former Sen- more control over the intelligence agencies need reform. The issue is what ator Dennis DeConcini and the senior budget, I believe that the cloak of secrecy should be removed from the in- kind of reform, and how much. Senator from Virginia, Senator JOHN telligence community to as great an For over 40 years, the CIA, the DIA, WARNER, proposed the creation of a bi- the State Department’s Intelligence partisan commission made up of Mem- extent as possible. As a government and Research Bureau, and every other bers of Congress, the administration, that prides itself on its openness, the agency or department that has ever and the private sector to review the United States should not restrict access to information that does not jeop- had any pretensions of playing a role in current condition of the intelligence ardize national security. national security or foreign policy, community and propose ideas for how geared their intelligence activities to Mr. President, I have the greatest re- best to make lasting reforms. The In- spect for the senior Senator from New the necessities of the cold war. The en- telligence Authorization Act for Fiscal tire structure, which was poorly co- York, Senator MOYNIHAN, the former Year 1995 created the Commission on vice chair of the Intelligence Commit- ordinated, duplicative, inefficient, and the Roles and Capabilities of the U.S. tee. Senator MOYNIHAN’s knowledge of often ineffective, was set up to respond Intelligence Community chaired by to the Soviet threat. history and his experience both before former Secretary of Defense Les Aspin. and during his service in the U.S. Sen- Billions of dollars were spent on ac- Unfortunately, Les passed away several tivities which today have little relate give him tremendous insight into months after his appointment, but his how the intelligence community evance to our intelligence needs or enthusiasm and hard work were not budgetary realities and more impor- should be reformed. lost on the Commission’s members or I agree with Senator MOYNIHAN’s con- tantly, failed to even predict the great- its staff. est event since World War II—the dis- cern about secrecy in the intelligence The Commission’s goal was to review community. The extraordinary and ex- integration of the former Soviet Union. the role of the U.S. intelligence com- cessive efforts to classify harmless in- Appalling lapses have only recently munity in the post-cold war world. formation wastes money, discourages come to light, the Aldrich Ames case After almost a year’s work, the Com- informed debate, and leads to inac- being the most notorious example. The mission issued its findings and rec- curate information treated as fact by CIA’s payment of thousands of dollars ommendations on March 1, 1996. the people who are responsible for to a Guatemalan colonel who it had The Commission recommended that crafting U.S. foreign policy. In reality, reason to believe had been involved in U.S. intelligence agencies should inte- much of what is deemed to be secret the murder of an American citizen, is grate intelligence into the policy com- can be found by picking up the morn- another. Unfortunately, there are oth- munity, expand cooperation between ing paper or watching CNN. ers. agencies and the Congress and create I hope that the Congress and the ex- But beyond these widely publicized greater efficiency in order to meet the ecutive branch will work together to lapses in judgment and intelligence intelligence requirements of the 21st reform the U.S. intelligence commu- analysis, a culture developed within century. I strongly support these goals. nity. The report on the Commission on the intelligence community that at But the Commission did not go far the Roles and Capabilities of the Unit- times resulted in intelligence officials enough. I am convinced that sub- ed States Intelligence Community is a withholding crucial information from stantive reforms will not take root un- good place to start, but its proposals other officials in the administration less the Director of Central Intel- should not be the only reforms dis- and Congress who were formulating ligence is given more authority and cussed. We must continue to work to and implementing policy. There are ex- control over the entire intelligence ensure that the intelligence commu- amples of station chiefs failing to dis- budget. nity becomes cost effective and ad- close information to our ambassadors I have no doubt that Director Deutch dresses the intelligence needs of the about a matter of grave importance. In is one of the CIA’s finest Directors. 21st century.∑ Guatemala, the CIA station chief re- However, he does not have sufficient f portedly failed to inform our Ambas- resources at his disposal to fully re- sador of information relating to the form the many different intelligence TRIBUTE TO THE TOWN OF AL- murder of an American citizen by Gua- agencies throughout the Federal Gov- TON’S BICENTENNIAL CELEBRA- temalan soldiers. The Ambassador, left ernment. TION AND 200 YEARS OF HIS- in the dark, told the victim’s family Although Director Deutch is respon- TORY that the Embassy had no information sible for approving the annual budget ∑ Mr. SMITH. Mr. President, I rise about this crime. for our national intelligence agencies, today to congratulate Alton, NH, on S5612 CONGRESSIONAL RECORD — SENATE May 23, 1996 the occasion of their community bicen- will provide a walking tour of the city watch or listen as customers enter tennial celebration. Almost 200 years and conduct various other historical their calling card numbers on pay ago on June 16, 1796, the town of Alton programs. A haunted hay ride and phones; criminals posing as police offi- was incorporated by the New Hamp- haunted house are also planned later in cers or telephone company representa- shire House and Senate and approved the year for Halloween. June 16 will tives try to bill calls to homes; and by then-Governor Gilman. To honor 200 mark the big anniversary celebration high-technology cellular thieves use years of history, the citizens of Alton with day-long activities including a cloning devices to steal cellular phone have designated 1996 as a year of bicen- family picnic, fireworks, and a bicen- serial numbers. tennial celebrations with a variety of tennial march to Alton Central School. Summer travelers are particularly special town activities. Alton’s big Bi- My wife taught school in Alton, so susceptible to telephone fraud. As we centennial Day celebration is planned this scenic lakeside town holds a spe- approach the hectic summer travel sea- for June 16 and the bicentennial parade cial place in the hearts of the Smith son, I urge consumers to take pre- will take place August 17. family. I congratulate all the residents cautions to ensure that they do not be- The history of Alton began around of Alton on this historic milestone and come victims of this increasing crime. 1770 when the first pioneers arrived in wish them all an enjoyable year of Certainly, the efforts of the Alliance the area. Early settlers worked dili- celebration and remembrance. You all To Outfox Phone Fraud to increase gently to construct roads and bridges, should be very proud of your heritage consumer awareness are a step in the schools and churches. The area now and 200 years of history.∑ right direction.∑ known as Alton these settlers first f f moved to was truly majestic—the southern tip of Lake Winnipesaukee MARK HIMEBAUGH JOSEPH GARDNER: A LIFE DEDI- along the shores of the Merrymeeting ∑ Mr. LAUTENBERG. Mr. President, I CATED TO MAKING LIFE BETTER River, and nestled by the mountains. rise today to observe Mark FOR PEOPLE AND EXPANDING Today, Alton still sits in a very pictur- Himebaugh’s 16th birthday. THEIR OPPORTUNITIES esque area of the lakes region of New For those who do not know Mark, he ∑ Ms. MOSELEY-BRAUN. Mr. Presi- Hampshire—not too far from my home- is one of America’s many missing chil- dent, last week, the city of Chicago, town of Tuftonboro. dren. In November 1991, when he was 11 the State of Illinois, and the United Alton’s first town hall meeting was years old, Mark left his home in Cape States of America suffered a grievous held at the home of Capt. Benjamin May County, NJ, to play. He was never loss because of the death of Joseph E. Bennett. Town officers were elected on seen again. His parents have not seen Gardner. Joe Gardner’s life was de- that day, March 13, 1797, and other per- him in 41⁄2 years. Despite the efforts of voted to helping people, to helping tinent town matters were discussed. his parents, law enforcement, and an communities, to bringing people into For hundreds of years now, Alton has outstanding group of volunteers, his our economy, to bringing economic continued the town meeting tradition. parents say they are no closer to recov- growth and hope to communities with- As Alton’s bicentennial proclamation ering Mark than in November 1991. out much of either, and to expanding states on behalf of Alton’s residents, Mr. President, it is difficult to imag- opportunities for everyone. ‘‘the principles of democracy and self- ine the heartache and suffering of a I first met Joe when he was working governance have prevailed on issues parent who has a missing child. With at the Woodlawn Organization, more such as spending appropriations, build- each passing day, there is continuing years ago than I care to remember. ing of meeting houses, support of edu- concern, continuing fear, and continu- And our paths have crossed frequently cation, construction of highways and ing prayers for a safe return. ever since then. Joe worked on a wide bridges, collection of taxes, election of Unfortunately, each year, thousands variety of issues, but all of them were political representatives, and enforce- of people across the country disappear. fundamentally about helping people, ment of laws.’’ Most of these are children. Despite the and especially poor people, make their A number of significant events oc- increased awareness and the additional lives better. I always admired his com- curred for Alton in the 1800’s. In 1849, tools law enforcement has acquired, mitment to people and to neighbor- the railroad arrived in the town and the problem continues to be serious. hoods, and the energy, the enthusiasm, the trains continued to stop in the Our children are our most precious and the savvy he brought to his work. Alton Bay area until 1935. Then, in resource. They are our future. I hope Chicago is a city of neighborhoods, 1872, the steamer, Mount Washington, with all my heart that the Himebaugh and Joseph Gardner was a product of was first launched in Alton Bay after family is reunited with their son in the Chicago neighborhoods. He was raised being constructed there. From 1880 to near future. And I ask my colleagues to in the Lawndale neighborhood on Chi- 1920, the Rockwell Clough Co. em- join me in wishing them strength to cago’s West Side, and he graduated ployed a number of residents and be- continue their search for Mark.∑ from Mount Carmel High School in came nationally known as the first f Woodlawn. He earned his undergradu- manufacturer of cork screws and the ate degree at Loyola, an institution in PREVENT TELEPHONE FRAUD company that invented paper clips. Chicago, and went back to the West Recently, the people of Alton suf- ∑ Mr. SIMON. Mr. President, I would Side for a masters degree from the Uni- fered through a devastating flood that like to briefly highlight the work of versity of Illinois at Chicago. destroyed many homes. I had the op- several telecommunications companies With his education and his obvious portunity to visit the area after the and organizations, which together have gifts, he could have done almost any- flood and witnessed how quickly this created the Alliance To Outfox Phone thing. But for Joseph Gardner, edu- community had joined together to re- Fraud. This cooperative alliance, which cation was not a means to get away build. Rescue teams and volunteers, includes the Illinois Consolidated Tele- from his community and his neighbors. along with families and friends, worked phone Co., is working to educate and Rather it was a way to open doors for together day and night to help their enlist the assistance of consumers in poor neighborhoods and poor people neighbors who were victims of the preventing telephone fraud, a rapidly who faced closed doors, and who had flood. I was very impressed with the growing crime which costs consumers the doors to opportunity slammed in strength and fortitude this community nearly $3.7 billion every year. their faces for far too long. displayed. As telecommunications technology Joseph Gardner chose to give back to The public officials and residents of continues to improve, the potential for his city, and to his community. He Alton have planned some festive activi- fraudulent activity also rises. As hack- chose to devote his life to making it ties to recognize the 200 years of his- ers have become sophisticated enough possible for disadvantaged young peo- tory their town has enjoyed. A number to keep pace with new technology, tele- ple to match and exceed what he had of exhibits will be on display in the phone fraud has grown because con- accomplished. He fought for jobs, for townhall featuring clay pipes, summer sumers are often unaware of the new decent housing, for education, for safe camps, railroads, and the Alton Central dangers. Telecommunications fraud neighborhoods, for families, and for School. The Alton Historical Society takes many forms—‘‘shoulder surfers children. Throughout his career at the May 23, 1996 CONGRESSIONAL RECORD — SENATE S5613 Woodlawn Organization, at Operation nations have tremendously benefited. I programs aimed at reaching and serv- Push, where he was executive vice- have had the privilege of visiting Thai- ing the homeless. These 1-to-3 day president, and in government, the fight land on several occasions to promote events offer a variety of services to the was always the same—to open up op- opportunities for trade and investment homeless, and VA resources focus on portunities for people, to expand the and have been profoundly grateful for assisting veterans, who make up at possibilities for people, to build hope, the assistance and hospitality I have least one-third of the homeless male and self-respect, and economic secu- received. It has been an honor and a population in a typical community. rity. pleasure to work with this remarkable Volunteers have also become an inte- Joe Gardner made Chicago a better nation for the continued peace and gral part of the system of national and place. He died far too soon; there was prosperity of both of our countries. local showcase events aimed at intro- still so much he wanted to do. I will I know that my colleagues in the ducing persons with disabilities back greatly miss him, and I know the peo- U.S. Senate join me in congratulating to mainstream activities. These in- ple of Chicago and the state of Illinois King Bhumibol for his magnificent clude the National Disabled Veterans will miss him, particularly the poor leadership and prosperous reign, as we Winter Sports Clinic, the National Vet- people he cared so much about.∑ look forward to many more years of erans Wheelchair Games—the largest f friendship with his great nation.∑ wheelchair athletic meet in the world— the National Disabled Veterans Golden f TRIBUTE TO HIS MAJESTY KING Age Games, and the National Disabled BHUMIBOL ADULYADEJ OF THAI- CELEBRATING THE 50TH ANNIVER- Veterans Creative Arts Festival. Cor- LAND SARY OF THE DEPARTMENT OF porate volunteers play a strong role in ∑ Mr. JOHNSTON. Mr. President, I rise VETERANS AFFAIRS VOLUNTARY these events and have become ele- today to pay tribute to His Majesty SERVICE [VAVS] mental to their success. Growing par- King Bhumibol Adulyadej of Thailand, Mr. ROCKEFELLER. Mr. President, ticipation from the corporate sector is who will celebrate the 50th anniversary this year marks the 50th anniversary of setting the pace for the future of of his accession to the throne on June the Department of Veterans Affairs VAVS, along with a strong and growing 9, 1996. This is indeed an auspicious oc- Voluntary Service [VAVS]. Its half- youth volunteer program that is intro- casion, as King Bhumibol is the first century of caring for veterans and ducing teenagers and college students Thai king to have reigned for 50 years. their families in communities across to careers as well as to community King Bhumibol has been the overseer the country has generated more than service. and benefactor of remarkable change 440 million hours of service and intro- The focus remains as it was in those early post-World War II years, respond- and progress for his nation. From the duced millions of citizens to the fulfilling to each community’s desire to put beginning of his reign, he has tirelessly ment and satisfaction of volunteering. devoted his time and effort to the well- VAVS was born in the burgeoning, its veterans first. That’s why last year, being and welfare of the Thai people. postwar VA medical system as VA hos- volunteers contributed a total of Under his stewardship, government has pital administrators sought a way to 14,021,586 hours of service through VAVS programs, 12,649,676 of which become an instrument of progress for organize the spontaneous volunteer came from 93,821 regularly scheduled people, as evident by the more than movements that developed in commu- volunteers. Numbers do not tell the 1,800 royal development projects he has nities near military and VA hospitals. real story, however. There is no way to initiated in the areas of agriculture, From the start, VA officials recognized calculate a community’s caring and environmental conservation, public this volunteer movement as a natural sharing with some of its most impor- health, occupational promotion, water adjunct to the quality of health care tant citizens. For 50 years, VAVS has resources development, communica- provided veterans. In April 1946, under been there to channel that caring in a tions, and social welfare. the leadership of General Omar Brad- productive, meaningful way.∑ During his reign, Thailand has expe- ley, then head of VA, representatives of f rienced a dramatic transformation in eight national veterans and service or- its industrial structure to become a ganizations met in Washington, DC, to DISTRICT COURT RULING SHOULD leader among developing nations. Man- form a national advisory committee. SPUR SECRETARY OF AGRI- ufacturing accounts for over 31 percent The result of the meeting was a plan CULTURE TO REFORM CLASSI- of the nation’s economy and exports through which both community organi- FIED PRICES are booming. Textiles have supplanted zations and individuals could partici- ∑ Mr. FEINGOLD. Mr. President, on rice as Thailand’s major export item, pate in volunteering and help manage Monday, Minnesota District Court and Thailand is now a major exporter those volunteer programs locally and Judge David Doty released a decision of sophisticated high-technology prod- nationally through advisory commit- holding that class I prices used in the ucts. King Bhumibol’s leadership in di- tees. Federal milk marketing order system versifying his nation’s economy and That plan was approved May 17, 1946, are arbitrary and capricious. I rise encouraging foreign investment has the birth date of the VA Voluntary today to applaud that ruling. It is the opened new doors of opportunity and Service. Today, there are 60 major vet- second such ruling by the district court prosperity to his people and has pro- eran, civic, and service organizations in 2 years. It is my hope that the compelled Thailand to a place of respected participating on the National Advisory bination of this most recent ruling and prominence among the nations of the Committee, with more than 350 other Secretary of Agriculture Dan Glick- Pacific rim. national and community organizations man’s commitment to restore equity in Not only are the industrial and tech- supporting VAVS. Federal orders will finally be enough to nological advances significant, but Still based in the VA health care sys- change this discriminatory pricing sys- King Bhumibol has achieved these tem, VA volunteers have expanded tem for good. gains while preserving the cultural in- with that system into every area of pa- Mr. President, class I prices, prices tegrity and national heritage of the tient care and support, and have fol- that farmers receive for fluid milk, in- Thai people. He is a much beloved lead- lowed the VA mission into community crease at a rate of 21 cents for every 100 er and national patriarch, who has cre- settings such as hospice programs, fos- miles a farmer lives from Eau Claire, ated a unique version of the modern ter care, hospital-based home care, vet- WI. This systematic discrimination monarchy. Firmly committed to the erans outreach centers, homeless veter- against Wisconsin dairy farmers has development of democratic principles, ans programs, and special events for never been adequately defended by the he has always been on the side of peace the disabled. In addition, community Department of Agriculture which has and prosperity and has responsibly volunteers work increasingly with great administrative latitude to set guided his nation within the param- VA’s other service delivery venues such these prices. Department officials have eters of his constitutional authority. as benefits offices and national ceme- chosen to continue the discriminatory The United States and Thailand have teries. pricing scheme when they had the au- enjoyed a longstanding friendship and VAVS volunteers have been particu- thority to change it and the knowledge economic partnership from which both larly active in supporting community that it should be changed. S5614 CONGRESSIONAL RECORD — SENATE May 23, 1996 Mr. President, this most recent rul- If Eau Claire is to be the basing point, delay the process further, rubber- ing comes more than 5 years after a then the Secretary must explain why, stamping bad decisions by previous group of Minnesota dairy farmers filed for each market to which a con- Secretaries, causing the loss of even a class action lawsuit against then- templated order relates, distance from more dairy farms in the Upper Midwest Secretary of Agriculture Clayton Eau Claire is a relevant consider- and imposing huge costs on our rural Yeutter charging that class I prices ation.’’ communities that depend on a thriving were unlawful under the basic authori- The court stopped short of finding dairy industry. ties of the authorizing statute. The class I prices illegal but found that I hope Dan Glickman chooses the plaintiffs also charged that the system they have never been adequately justi- first option. had caused the loss of thousands of fied by the Department of Agriculture This has been a long fight, Mr. Presi- Upper Midwest dairy farms as the ex- and as such, the decision to maintain dent. It is time for it to end. It is time cessive prices provided to other regions them was arbitrary and capricious. for the Secretary and the administra- stimulated surplus production driving Judge Doty remanded the decision to tion to do the right thing. I will work down prices to farmers in our region. Secretary Glickman for 120 days after with them to make that happen.∑ Since this lawsuit was initiated, Wis- which the Secretary is to issue an am- f consin has lost more than 6,000 family plified decision on class I prices that CONGRESSIONAL, PRESIDENTIAL, dairy farms who simply could not com- reflects the factors mandated by the AND JUDICIAL PENSION FOR- pete with the mega-dairies in other re- authorizing statute. FEITURE ACT gions who were enjoying the artifi- It is my hope that in 120 days our cially high fluid milk prices under the current Secretary of Agriculture will ∑ Mr. REID. Mr. President, today I join Federal order system. As a Wisconsin do the right thing and announce com- Senators GREGG and NICKLES in intro- State senator at that time, I was able prehensive changes to the classified ducing long overdue legislation which to secure funding for the State of Wis- pricing system with class I prices based creates tough new sanctions for public consin to participate in the lawsuit as upon the economic factors required by officials who engage in wrongdoing an amicus curiae. Since that lawsuit the statute—supply-and-demand fac- while they are in office. This legisla- was filed, and since I have been a Mem- tors, prices of feeds, other inputs to tion, the Congressional, Presidential, ber of the U.S. Senate, I and other production, and the public interest. and Judicial Pension Forfeiture Act, members of the Upper Midwest con- Interestingly, this time frame coin- prohibits the receipt of pension bene- gressional delegation have taken all cides with USDA’s Federal order con- fits by Members of Congress, Presi- steps possible to push for reform of this solidation process required in the 1996 dents and members of the judiciary system. Legislative reform of class I farm bill. I have always said, Mr. Presi- who engage in criminal conduct while prices has proved nearly impossible as dent, that reform of these discrimina- in office. Those who engage in felonies Senators from regions benefiting from tory class I prices and the elimination that relate to abuse of office and un- this system have rejected all sugges- of Eau Claire, WI, as the single basing dermine confidence in public officials tions for reform. point for milk prices could be accom- should not be entitled to receive gener- Two years ago, a different district plished through the legislative process, ous pension benefits. court judge directed then-Secretary the administrative process or the judi- Recently, I have heard from many Espy to issue an amplified decision cial process. The recently enacted 1996 constituents about this issue. This is properly justifying a 1993 final rule on farm bill and Monday’s district court really something that reflects on the Federal orders which failed to reform ruling represent the confluence of integrity of this institution. It is an class I prices. One-hundred and twenty these three processes. issue that affects any individual who days later on August 12, 1994, an ampli- The Congress, through the 1996 farm aspires to public service. Most I have fied decision was issued by the Sec- bill, has directed the Secretary to con- heard from are upset with the ability retary. That decision, devoid of sub- solidate the number of Federal orders of public servants to collect pension stance, was an insult to Wisconsin from the current 33 to between 10 and benefits after they have been convicted dairy farmers who have suffered from 14. Implicit in that directive is admin- of a felony while serving in a public of- the Department’s approach to this istrative reform of the pricing struc- fice. Current law allows a former Mem- issue. ture for those new orders—an authority ber of Congress or a judge to collect Following the issuance of that ampli- which the Secretary holds under the their taxpayer financed pensions even fied decision, the Minnesota Milk Pro- Agricultural Marketing Agreement after they have been convicted of such ducers Association filed another mo- Act. Secretary of Agriculture Dan offenses as perjury. tion for summary judgment charging Glickman has publicly admitted, both The bipartisan legislation we are in- that Secretary Espy’s amplified deci- to dairy farmers and to Congress, that troducing today would put an end to sion was arbitrary and capricious be- class I prices are unfair to the Upper this practice. Taxpayer financed pen- cause it was unsupported by evidence Midwest and have produced ‘‘regional sions are not an entitlement. If public and inconsistent with the mandates of inequities.’’ He has committed to re- officials breach the public’s trust they the authorizing statute. duce class I differentials in the reform should forfeit their right to these pen- On Monday, three Secretaries of Ag- process. Now the district court ruling sions. They do not deserve these bene- riculture and four sessions of Congress has provided a clear ruling that the fits if they commit crimes while serv- after the initiation of this legal pro- Secretary shall follow the economic ing in office. Serving in public office is ceeding, the District Court of Min- criteria of the original authorizing an honor carrying tremendous respon- nesota agreed with the plaintiffs. The statute in setting those prices rather sibility. Whether you are the Presi- court concluded that ‘‘the Secretary than bowing to political pressures from dent, a Federal judge, or a Member of has wholly failed to provide an expla- those regions that benefit from this Congress you are always aware of this nation of his decision consistent with discriminatory pricing system. responsibility. Few undertake this re- the requirements of the Agricultural The Secretary has two choices. sponsibility lightly. Marketing Agreement Act.’’ With re- He can comply with the court’s order Yet all of us are aware of recent spect to the use of Eau Claire, WI, as by reforming class I prices to bring cases involving egregious violations of the reference point from which most them more in line with the economic the public trust. Unfortunately, these fluid milk prices are determined, the realities in 1996. He can do that both in individual cases, while isolated, tar- court chided the Department for claim- issuing an amplified decision that com- nish the image of all public office- ing it does not use Eau Claire as a bas- plies with the statute as required by holders. They undermine public con- ing point, despite evidence to the con- the court as well as by implementing fidence in our democracy. They do so trary. Judge Doty stated, ‘‘The Sec- pricing reform as part of Federal milk because the public is led to believe that retary may not enforce what is clearly marketing order reform required by crime committed while serving in pub- a single basing-point system without 1996 farm bill. lic office pays. And to a certain extent, explaining how it reflects reasoned Or he can continue to fight the Upper under the current law, it does. Public consideration of the statutory factors. Midwest in this lawsuit by seeking to officials can commit fraud or perjury May 23, 1996 CONGRESSIONAL RECORD — SENATE S5615 while in public office and are still able nation founded on ideas, notably the proudly served our country in military to collect generous pensions. This is rights to life, liberty, and the pursuit service, but they continue to serve simply not right. of happiness. These are simple truths through their commitment to commu- The bipartisan legislation we are in- to be cherished and protected for fu- nity. I know my Senate colleagues will troducing today will put an end to this. ture generations. join me in honoring the veterans of Judges, Members of Congress and the In memory of those who were killed VFW. Post 7581 and congratulating President will forfeit their pension or are still considered to be missing in them on their 50 years of service to the benefits if they commit felonies while action, I respectfully ask that the text community of Wayland, MI.∑ in public office. The list of felonies of Mr. Everett’s poem be printed in the f which would result in a loss of pension RECORD. are directly related to the performance The poem follows: JANET RENO’S WORDS OF WISDOM of official duties. Among the offenses SIMPLE TRUTHS ∑ Mr. HOLLINGS. Mr. President, we listed in the bill are bribery and illegal Simple truths are emotions from the heart have a lot to be proud of in our country gratuities, improper representation be- To state those feelings we wish to share and we have many great role models. fore the government, violation of With those with whom we do not stand apart One role model, who recently visited antilobbying restrictions, false claims And sharing those ideals about which we my home state and spoke to the grad- and fraud, abuse of the electoral proc- care. uates of the University of South Caro- ess, conspiracy to defraud the United We ever strive to serve our God and country, lina, is Janet Reno. States, and perjury. A nation born to hear the bells of freedom Janet Reno is our country’s first fe- Public service is both an honor and a ring. male Attorney General and has ex- Bound not by the shackles of fear and privilege. It represents a sacred trust affrontry. celled in the role. She is a dedicated, and thus we ought to have harsh pen- But living free of oppression by dictator or top-flight public servant. And indeed, alties for those who breach that trust. king. that was also her reputation in Flor- Those who violate this trust while We dedicate our lives to the support of de- ida, where President Clinton plucked serving in public office should not be mocracy, her in 1993 from her role as the State’s entitled to their pensions. The tax- Building a nation with simple truths in attorney for Dade County. Janet Reno payers have helped finance these pen- mind, was known in Dade County as a tough, sions. At a minimum, they are owed Glorified in living free from any aristocracy, front-line crime fighter and she de- this kind of accountability. Striving for liberty and justice for all man- voted herself to making communities Finally, I wish to thank Senators kind. safer, keeping children out of trouble, GREGG and NICKLES for their leadership Let our mission be to keep this country free, reducing domestic violence and helping and support on this issue. Senators To stand tall for what we feel is right families. She also targeted career or wrong, GREGG, NICKLES and I had been work- Embracing ourselves in the principles of lib- criminals, dangerous offenders and ing on a solution to this issue and I am erty drug traffickers, promising strict and confident that this legislation is the And always being on the alert and ever so certain sentences that put them away appropriate response. I believe this is a strong.—C. Everett.∑ and kept them away. problem in need of bipartisan atten- f Janet Reno grew up in Florida and tion. Greater accountability will ulti- worked her way through Cornell Uni- WAYLAND V.F.W. POST 7581 mately produce public greater con- versity. She wanted to pursue a law de- fidence in our three branches of gov- ∑ Mr. LEVIN. Mr. President, this week- gree but was told that ‘‘woman didn’t ernment.∑ end America honors its veterans become lawyers.’’ She ignored the ad- f through Memorial Day activities vice and became one of only 16 women across the country. It is a time when in a class of 565 students to enroll in MEMORIAL DAY 1996: SIMPLE we thank our veterans for their service Harvard Law School in 1960. When she TRUTHS and remember those we have lost. Vet- graduated, people said, ‘‘No one will ∑ Mr. DOMENICI. Mr. President, I rise erans of Foreign Wars Post 7581 in hire a woman lawyer.’’ She proved today to mention an upcoming, special Wayland, MI, will be celebrating Me- them wrong, of course. Janet Reno was American holiday, Memorial Day. morial Day this year as it does each and is a trail-blazer. Last year, in honor of Father’s Day, year. However, this year will be espe- In her speech to the USC graduates, I read to you a letter from a fellow New cially significant because it marks the Janet Reno talked about the frustra- Mexican, Chuck Everett. Mr. Everett 50th anniversary of the post. tions that faced her and her prede- originally wrote that letter while he Wayland VFW Post 7581 was char- cessors as Attorney General. She said: was serving in Korea to his father who tered at a ceremony in the Wayland There is no vaccination for crime, as there was back home in the United States. High School gym on June 10, 1946, with is for polio. The only thing we have is hard In that letter, a younger Chuck Ever- 43 members. In 1949, a Ladies Auxiliary work, seven days a week, parents raising ett talked about certain simple to the post was instituted. VFW Post children right, police walking the beat every truths—a son’s longing to be with his 7581 dedicated its headquarters on June single night, and prosecutors putting crimi- dad on Father’s Day; a soldier’s patri- 10, 1956. Most of the work on the build- nals behind bars, one by one. Our problems otism; and hope for the future. The ing was done by the members of the are complex and the answers rarely simple. young soldier dedicated that particular Post. Over the years, post membership Janet Reno encouraged the graduates day to fathers, the support of free will, has grown dramatically. The post now avoid the deadly sins of our public life: free speech, freedom from fear, freedom maintains 289 members, including 74 extremism, cynicism and defeatism. of religion, and freedom of thought. life members. Her advice is sound and I think we Today, in recognition of Memorial During its 50 years, the post has dedi- could all benefit from it. I ask that her Day, I want to share with the Senate cated its efforts to providing services address be printed in the RECORD. and the American people some more infor the Wayland community, including: The address follows: sightful thoughts by Mr. Everett. His Lite-a-Hike campaigns, blood banks, SPRING COMMENCEMENT ADDRESS BY U.S. poem, entitled ‘‘Simple Truths,’’ serves little league baseball, polio dances and ATTORNEY GENERAL JANET RENO as a good reminder to those of us who the donation of flags to local schools. I am honored to share this day with you. It serve in this esteemed Chamber, as Last winter, the post made national is so wonderful to look out to see so many well as to all Americans, that while news for helping stranded motorists who have worked so hard to obtain their di- our country derives much strength during the blizzard. The post also con- ploma today. I especially want to say hello from its diversity, we Americans also ducts military funerals, participates in to my fellow chemistry majors. In 1960, I share basic ideals—ideals for which earned my chemistry degree from Cornell Memorial Day activities and assists University. So, to you parents who worry many men and women have given their veterans submitting claims to the Vet- that your graduating sons and daughters lives. As the country remembers those erans’ Administration. still lack a clear career goal, I suggest, give brave Americans who fought for the Mr. President, the members of them a little more time; you never know United States, I submit that we are a Wayland VFW Post 7581 have not only what might happen. S5616 CONGRESSIONAL RECORD — SENATE May 23, 1996 Since my graduation in 1960, so many ing always demands and that democracy re- skepticism. At least the skeptic has an open things in America have changed for the bet- quires. You may not like everything govern- mind. The skeptic sees all the same problems ter. In 1960, the Iron Curtain divided the ment does, I know I don’t, but the alter- and asks all the same questions, but is will- world between freedom and dictatorship. native is not to throw up your hands or turn ing to let the answer be good or bad. And if Just two weeks ago I walked the streets of to violence. What we must do is to sit down you are a recovering cynic, and you have Budapest along side the free people of Hun- together as reasonable people and make our made it back to skepticism, why not just gary, and I talked with Western Europeans government do what is right and stop doing take the final step and become an idealist in and Eastern Europeans alike about our com- what may be wrong-headed or wasteful. Ex- the best American tradition? And I don’t mon fight against crime. In 1960, even after tremism wants to sprint when the race is mean for a minute that you should be naive. the Supreme Court outlawed racial segrega- really a marathon. Extremism wants to es- The Reverend Martin Luther King Jr. talked tion, much of America was still divided into cape the complexity of democracy and the about the need for all of us to have a tough two nations, black and white. But in the staggering diversity of human nature, but it mind and a tender heart. I can tell you that civil rights efforts that soon followed, our never can. Extremism argues that problems no one can come to Washington and ever nation kept the promises the founding fa- are easy to solve but if they were, we would hope to do well if she does not start the thers made and finally made equality the have licked them a long, long time ago. morning by asking tough questions and end As Attorney General, I deal with problems law of the land. the day getting real answers. This nation that frustrated previous Attorney Generals In 1960 when I graduated from college, peo- was founded by idealists with tough minds for years, such as crime, terrorism and do- ple told me a woman couldn’t go to law and with tender hearts, and they formed a mestic violence. There is no vaccination for school, and when I graduated from law government designed to check the worst in school, people told me law firms won’t hire crime, as there is for polio. The only thing we have is hard work seven days a week, par- human nature just as they risked their lives you. Thirty years later, no one ever told me to found a country that cherished freedom I couldn’t be Attorney General. You are ents raising children right, police walking the beat every single night, and prosecutors and liberty over oppression. They took the graduating into an amazing era. In 1960, no- hard way, and they made a difference. body had ever heard of the Internet, no one putting criminals behind bars, one by one. had been to the moon. The CAT scan was not We’re not a bumper sticker away from solv- A month ago, as the sun was setting before invented until 1973. But even though our ing terrorism. We have to be eternally vigi- it rose again on Eastern morning, I was in world is more safe and our country is more lant, close our borders to those who threaten Dover Delaware listening to President Clin- just and new technologies are changing our us and work slowly and patiently for peace ton honor Commerce Secretary Ron Brown lives, nobody would say that we are a nation in the lands where foreign terrorists come and 32 other Americans who died in the plane without serious, serious challenges. Many of from, just as we must fight the hatred and crash in Bosnia. They were young and old, these challenges seem so stubborn and the paranoia that fuels domestic terrorism. men and women, government workers and unyielding, such as violent crime, homeless- There is no sound byte that can make do- business leaders, but they were all there be- ness, and poverty. Others seem complex and mestic violence go away. We have to stop cause they believed they could help a rav- abusers one by one and let them know that inscrutable, like the international economy aged country heal from civil war. These 33 there is never an excuse for hitting someone and the spread of AIDS. And others just seem lives, said the President, show us the best of you love. We have to build shelters one at a overwhelming, like the fear of terrorism or America. They are a stern rebuke to the cyn- time to give victims a safe place away from environmental catastrophe. But America is a icism that is all too familiar these days. He the abuse, and we have to help victims re- nation of optimists and problem solvers. talked about how family after family told build their lives slowly and steadily. him how their loved ones were proud of their Each generation looks to its children to keep The vital center knows that problems are work and believed in what they were doing our society moving and to make life better. complicated and that answers are rarely sim- and believed they could make a difference. After the parties and the vacations and the ple. I hope that in your lives you will choose graduate degrees yet to come, America will the course of leadership, not partisanship. Finally, I want to talk to you about the look to you for help. For no matter where Think twice when someone has a simple an- brother of extremism and cynicism, defeat- you go and what you do, you can make a dif- swer. Remember that so many of our prob- ism. Not everyone faces hopelessness, but no ference. lems took decades to get where they are and one is far away from someone who does. It That’s what I would like to talk about that no amount of sloganeering can fix them may be across town where a family can’t af- today. For in these last 30 years, too many overnight. And don’t ever forget to listen. ford to pay the rent, or take the child to the people of goodwill have looked at these very For I have learned so much when I have lis- doctor because they don’t have a job. It may hard problems and started throwing up their tened to the people with whom I have dis- be in the next classroom where a student is hands and turning away. They are getting agreed. Sometimes I have changed my mind. convinced that he will never succeed, that no caught up in the three deadly sins of our Sometimes I have changed theirs. one cares, and that street crime will be the public life: extremism, cynicism, and defeat- The second great threat to our nation’s op- only way out of a hard life. It might be next ism. timistic spirit is cynicism. Maybe you have door where a wife or child faces terror every The first great threat to our optimistic faced it already. The cynic knows so much night at the hands of an abusive spouse or spirit is extremism, for it blinds us to the about what is wrong and why it can’t be parent. You may never find yourself at the tough, tough choices we all confront when fixed. He can tell you which baseball players bottom of life’s pit, and, if you do, I prey we wrestle with the difficult problems of strike out the most and why planes and that you have the energy and courage to get today. The historian Arthur Schlesinger stock markets crash. She can tell you which up and out. But you may know someone who once observed that America’s progress and public figures were caught doing something has fallen, someone who doesn’t even want freedom were fueled by what he called ‘‘the wrong, why the current peace negotiations to try because he is sure it won’t make a dif- vital center in American politics.’’ He meant are doomed, and why so many marriages end ference. a place where men and women of reason and in divorce. It may be a beautiful South Caro- goodwill could meet regardless of their polit- lina day, but the cynic knows it is going to I have been Attorney General now for ical party affiliation, a place to hash out rain someday. Of course, cynicism never hap- three years, and my faith in the American their differences and debate the problems of pens by itself, it always builds on genuine people and their ability to deal with adver- the day. A lively debate to be sure, some- problems and disasters. Watergate and other sity has never been so strong. I have never times even unruly, but one carried out on scandals convinced millions of Americans been so sure that we can prevail against the common terms with respect for the other that government was permanently broken causes of wrong in this world. I know we can person. The vital center has always been a and that everyone in public life was some defeat extremism and reclaim the vital cen- place where people might be divided in their sort of alien from ordinary American life, ter. I know we can defeat cynicism and seek approach to solving a problem, but where that they might as well have landed in a what is good amidst all that is bad. I know they were united, as Americans, in their de- spaceship. In fact, you can look at any of our we can defeat defeatism and teach those who termination to act reasonably and to see the institutions and you can find a scandal, and have fallen to get up and to hope again. It virtue in other points of view. In short, the cynics told you so. Sports heroes, police offi- won’t be easy, and it will take a lot more politics of the vital center means using de- cers, business leaders, doctors, ministers, than any speech could ever do, but I come mocracy as a process of working together to teachers and politicians—everyone can point here today because you are the future of this find solutions that attack problems with to people in all walks of life who have fallen country. progress. Slow sometimes, terribly slow and below society’s standards. We can use a I know you have the energy. I know you exhausting to be sure, but always in the funny line to dismiss politicians or teachers have the commitment. I know you can make American tradition of reforms that are not or Wall Street bankers, but that’s the easy the choice to stand for what is right and perfect, but take us one step forward, one way out and after we do, what’s different? good in this world. If you choose public serv- important step forward. Nothing, except that fewer good people are ice you will be choosing one of the most re- Today I fear many Americans are forget- willing to work to make our government bet- warding and fulfilling careers our society ting about the vital center. Too often in to- ter, care for the helpless amongst us, or can offer. But whether you are running a day’s politics, on all sides, people are con- build a business that puts its customers business, or teaching a class, prosecuting fronting tough problems and retreating to needs first. criminals, or raising a family, you can make extremes and to simple solutions instead of At the very least, if you’re finding yourself a difference. In another spring time, 33 years embracing the complexity that problem solv- falling prey to cynicism, consider its cousin, ago, the Reverend Martin Luther King Jr. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5617 sat in a Birmingham jail, exhausted from decisive when it comes to the future of the tive consciousness that we in Taiwan have to years of seeking justice for all. He was dis- country. A salute to them for being so firm work together as one man. pirited, and even some of his fellow min- and determined when it comes to the defense How to make this land of ours more beau- isters were saying he should back off and of the democracy. A salute to them for being tiful and how to make its inhabitants feel wait for progress to happen on its own. He so calm and invincible when it comes to fac- safer and live a happier and more harmo- must struggle to keep cynicism out of his ing up to threats. nious life is the common responsibility of every thought, and sitting in that jail cell I join many in celebrating President the 21.3 million people! ‘‘Whatever the people desire is always in day after day, with progress coming slowly Lee’s triumph and the will of the peo- or not at all, he had to wonder why any man my heart.’’ I am fully aware of the needs of had a right to hope. But Reverend King made ple of the Republic of China to march the people and I pledge myself to do my best his choice, he began writing until his words boldly down the road of democracy for to deserve their trust. But no individual or filled the margins of a secondhand news- the first time in the history of the Chi- political party can single-handedly decide a paper. The power of his choice flowed out of nese people. policy of far-reaching importance to the a pen and into the conscious of America. Mr. President, I ask that the com- country. The government will soon invite Today as you prepare to make your choices plete text of President Lee’s inaugural opinion leaders and other representatives from various quarters to exchange views on in life, I would like to close with a few of address be printed in the CONGRES- those words from Dr. King’s letter from that major topics of future national development. SIONAL RECORD. The consensus that emerges from such meet- Birmingham jail: The text follows: ‘‘We must come to see that human ings will launch the country into a new era. progress never tolls in on wheels of inevi- FULL TEXT OF PRESIDENT LEE TENG-HUI’S The election is over, but the promises tability. It comes through the tireless efforts INAUGURAL SPEECH made during the campaign will be kept and and the persistent work of men willing to be Your Majesty, Your Excellencies, Distin- fulfilled as soon as possible. Building a mod- co-workers with God, and without this hard guished Guests, My Fellow Countrymen, La- ern country entails the services of all avail- work time itself becomes an ally of the dies and Gentlemen: able talents. I am convinced that only when forces of social stagnation. We must use time Today we are assembled here to jubilantly upright, insightful, capable and experienced creatively, and forever realize that the time and solemnly celebrate the inauguration of people, regardless of their political affili- is always ripe to do right.’’ the President and Vice President before all ation or social group, participate in the lead- I hope and pray that you will make your our compatriots. This gather marks not only ership of the government will political sta- choice the choice of standing for what is the commencement of the ninth-term Presi- bility and national growth be ensured. right and good in this world. Thank you, dency and Vice Presidency, but also a fresh The times are changing, so is the social cli- congratulations, good luck, and God bless beginning for the future of the country and mate. Keeping in the old grooves while re- you.∑ the people. fraining from any innovation is doomed to failure. Political maneuvering has no place f Today, the 21.3 million people in this country formally march in the new era of ‘‘popu- in political interaction, nor can self-interest TRIBUTE TO PRESIDENT LEE lar sovereignty.’’ have any role in deciding upon a political po- TENG-HUI, PRESIDENT OF THE Today, the Chinese people enter a new sition. No quarrels can be started under the REPUBLIC OF CHINA frontier full of hope. pretense of representing the will of the vot- Today, we in Taiwan firmly tell the world, ers. A boycott certainly is not the equivalent ∑ Mr. BROWN. Mr. President, I rise with great pride and self-confidence: of checks and balances. The ideal of democ- today to congratulate the first popu- We now stand on the apex of democratic racy we are pursuing means not just effec- larly elected President of the Republic reform and will remain there resolutely. tive checks and balances; it demands hand- of China, Lee Teng-hui. All Americans We have proved eloquently that the Chi- in-hand cooperation for the welfare of the congratulate the people of Taiwan for nese are capable of practicing democracy. people among the political parties. voting to complete their transition to We have effectively expanded the influence Four years will soon pass. We have no time of the international democratic camp and for wavering or waiting. For the purpose of democracy. made significant contributions to the cause laying a solid and secure foundation for the The election of President Lee on of freedom and democracy. country and bequeathing a happy and com- March 23, 1996, was the result of a 10- Therefore, this gathering of today does not fortable life to the future generations, let us year transition which some have called celebrate the victory of any candidate, or get off to a very good start today—May 20, a political miracle in twentieth-cen- any political party for that matter. It honors 1996. tury Chinese politics, making Taiwan a triumph of democracy for the 21.3 million First, we have to broaden and deepen the the first Chinese democracy. people. It salutes the confirmation of free- democratic exercise. Horizontally, we will President Lee and the people of Tai- dom and dignity—the most fundamental share our democratic experience with all human values—in the Taiwan, Penghu, Chinese and international friends. Verti- wan not only deserve congratulations Kinmen and Matsu area. cally, we will proceed to phase 2 constitu- for their transition to democracy, they My fellow countrymen: The doors have tional reform, promote clean elections, en- also deserve our continued support. As opened to full democracy, with all its vigor sure clean and efficient government, enhance President Lee and the Taiwanese in full swing. Today, most deserving of a sa- law and order, restructure the political land- emerge as a force for democracy, free- lute are the people of the Republic of China: scape, and strengthen the multiparty politi- dom and stabilization in East Asia, the A salute to them for being so resolute and cal system, so as to guarantee stability and United States should encourage their decisive when it comes to the future of the development for democracy. country. Economic growth and political democracy efforts to be represented and respected A salute to them for being so firm and de- are equally important. Without continued in international organizations and ne- termined when it comes to the defense of de- success in economic development, we risk gotiations as well. The United States mocracy. losing everything. We have to make sure should also support and encourage con- A salute to them for being so calm and in- that the plan for turning Taiwan into a hub structive dialog and relations between vincible when it comes to facing up to for business operations in the Asia-Pacific Taiwan and Beijing. threats. region will proceed on schedule so that this This transition to democracy is espe- From now on, the people as a whole, rather country may from a position of strength cially significant because it took place than any individual or any political party, play a role to be reckoned with in the inter- will be invested with the ruling power of the against a background of mounting national community and in the process of nation. This is free will in full play, the full- national unification. In the meanwhile we military intimidation, political est realization of ‘‘popular sovereignty,’’ the have to plan ahead for national development threats, and diplomatic isolation from real compliance with the will of Heaven and well into the next century, nurture a liberal- mainland China. Despite these intimi- response to human wishes.’’ the getting rid ized and internationalized economic regime dating threats, the people of Taiwan of the old and ringing in the new. All the in as short as possible a period of time, fos- were not deterred from casting their glory belongs to the people. ter a low-tax, obstacle-free business climate, ballots for freedom and liberty. My fellow countrymen: At this very fresh renovate the land system, improve the small On May 20 in Taipei, President Lee start of history, we pledge ourselves to and medium business, and greatly enhance launch the new era with a new determina- delivered his inaugural address to the national competitiveness. Only when thus tion and new deeds. This is our common prepared will we be able to compete in a new world as well as to the people of the homeland, and this is the fundamental sup- Asia-pacific age of mutual benefit and co- Republic of China. He said: port we draw upon in our struggle for sur- prosperity, thus becoming an indispensable My fellow countrymen: The doors have vival. Fifty years of a common destiny partner for prosperity and development opened to full democracy, with all its vigor forged in fortune and misfortune have united internationally. in full swing. Today, most deserving of a sa- us all into a closely bound and interdepend- At the same time we do not intend to ne- lute are the people of the Republic of China: ent community. The first-ever popular presi- glect development in non-economic sectors. A salute to them for being so resolute and dential election has reconfirmed our collec- Our top priorities will be the judicial system, S5618 CONGRESSIONAL RECORD — SENATE May 23, 1996 education, culture, and social restructuring, we will take better care of the disadvantaged center around system and lifestyle; they which will have to move ahead in tandem. groups in the interests of social harmony have nothing to do with ethnic or cultural Judicial reform should be based above all and human dignity. We also want to have in identity. Here in this country it is totally on the rule of law. All judicial judgments place a social security system, fair to all and necessary or impossible to adopt the so- have to be fair and make sure that all are sure to endure, that provides for freedom called course of ‘‘Taiwan independence.’’ For equal before the law. The rule of law being from want. But this system can only be in- over 40 years, the two sides of the Straits the foundation of democracy, the cause of stalled gradually, depending upon the avail- have been two separate jurisdictions due to democracy will be compromised to a serious ability of funding support. various historical factors, but it is also true extent if court rulings are not trusted by the At the very time when we are engaged in that both sides pursue eventual national uni- people. The reform will also guarantee full the task of developing the Republic of China fication. Only when both sides face up to the respect for any fundamental human rights on Taiwan, the overseas Chinese are never facts and engage in dialogue with profound including those of prisoners and parties to a out of mind. We do our very best continuing sincerity and patience will they be able to law suit. Rectitude and efficiency in the to assist them in developing their careers. find the solution to the unification question court and prosecutorial system will have to The welfare of the Chinese in Hong Kong and and work for the common welfare of the Chi- be drastically improved. Macao has always been of great concern to nese people. Reform in education aims to put into prac- us. We are ready to land them a helping hand tice a concept of education that imparts hap- to help maintain democracy, freedom and Today, I will seriously call upon the two piness, contentment, pluralism and mutual prosperity in this area. sides of the Straits to deal straightforwardly respect. Such education is designed to de- Today the existence and development of with the momentous question of how to ter- velop potentialities, respect individualism, the Republic of China on Taiwan has won minate the state of hostility between them, promote humanism, and encourage international recognition and respect. In the which will then make a crucial contribution creativeness. All unreasonable restrictions new international order of today, such basic to the historic task of unification. In the fu- will be removed to allow the emergence of tenets as democracy, human rights, peace ture, at the call of my country and with the the life education system. Ample room will and renunciation of force are universally ad- support of its people, I would like to embark be reserved for individual originality and hered to; they are in full accord with the upon a journey of peace to mainland China personal traits to ensure the continued pur- ideals upon which our country was founded. taking with me the consensus and will of the suit of self-growth and self-realization. The We will continue to promote pragmatic di- 21.3 million people. I am also ready to meet new generation will be assisted to know plomacy in compliance with the principles of with the top leadership of the Chinese Com- their homeland, love their country and fos- goodwill and reciprocity. By so doing we will munists for a direct exchange of views in ter a broad international view. Fortified in secure for our 21.3 million people enough order to open up a new era of communication this manner they can better meet inter- room for existence and development as well and cooperation between the two sides and national challenges and map out a bright fu- as the respect and treatment they deserve in ensure peace, stability and prosperity in the ture for their country in an increasingly the international arena. Asia-Pacific region. competitive global village. My fellow countrymen: China has suffered My fellow countrymen: We in Taiwan have My fellow countrymen: After 5,000 years a lot in the 20th century. In the initial realized the Chinese dream. The Chinese of the Chinese are still going strong solely be- stages, it was buffeted with a series of inva- the 20th century have been striving for the cause the derive sustenance from an excel- sions, and over the last 50 years an ideologi- realization of a happy, wealthy China and of lent culture. Under the strong impact of cal gap has been responsible for the Chinese- Dr. Sun Yat-sen’s ‘‘popular sovereignty’’ Western civilization since the mid-19th cen- fighting-Chinese tragedy, resulting in con- ideal. For 50 years, we have created in the tury, Chinese culture has gone through frontation and enmity among the Chinese. I Taiwan, Penghu, Kinmen and Matsu area an tribulations and shocks giving rise to a have been of the view that on the threshold eye-catching ‘‘economic miracle’’ and sharp decline in national confidence. Bearing of the 21st century the two sides of the Tai- achieved a world-acclaimed democratic re- this in mind. I have never stopped thinking wan Straits should work for ending this his- form. The Chinese who were regarded as dic- about cultural regeneration. I am hoping torical tragedy and ushering in a new epoch tatorial, feudalistic, penurious, and back- that the people of Taiwan will nurture a new when Chinese should help each other. ward by Western countries one century ago life culture as well as a broad and long-sight- It is this consideration that over the past have by now created in the Taiwan area a ed view of life. The new Chinese culture, years has been guiding our initiative in pro- new land of democracy, wealth and progress, with moorings in the immense Chinese herit- moting a win-win strategy for expanding proudly enjoying enthusiastic recognition age, will draw upon Western cultural essence cross-straits relations leading to eventual from the world. This stand for not just a to facilitate adapting to the new climate of national unification, but we are doing this proud achievement of our 21.3 million people; the next century. on the premise that the Taiwan, Penghu, it marks a crucial departure for the Chinese This is the essence of the concept of ‘‘man- Kinmen and Matsu area is well protected and people to rise again to a new height of glory. age the great Taiwan, nurture a new Chinese the welfare of its people safeguarded. Unfor- We believe that whatever is achieved by the culture.’’ All the major cultures originated tunately, the cross-straits relationship has Chinese in Taiwan can also be achieved by in a very restricted area. The 5,000-year Chi- experienced bumps from time to time be- the Chinese in mainland China. We are will- nese culture also rose from a small region cause the Chinese Communists have refused ing to provide our developmental experience called Chung Yuan. Uniquely situated at the to admit the very fact that the Republic of as an aid in mapping out the direction of de- confluence of mainland and maritime cul- China does exist in the area. Beginning last velopment in mainland China. The fruits of tures, Taiwan has been able in recent dec- year, the Chinese Communists, because of our hard work can be used to assist in en- ades to preserve traditional culture on the their opposition to democracy, launched hancing the welfare of million of our com- one hand and to come into wide contact with against myself a smear campaign using false patriots on the mainland. The Chinese on the Western democracy and science and modern charges to damage my credibility, but I sim- two sides can thus join forces for the benefit business culture on the other. Equipped with ply ignore their irrational behavior and re- of the prosperity and development of the a much higher level of education and devel- main patient. An eye for an eye is no solu- Chinese nation as a whole. opment than in other parts of China, Taiwan tion to an historical question of 50 years. My fellow countrymen: I wish to take this is set to gradually exercise its leadership In an attempt to influence the outcome of opportunity to express my heartfelt grati- role in cultural development and take upon the first popular presidential election in tude for the trust you have reposed in me. itself the responsibility for nurturing a new March, the Chinese Communist conducted a Today, I have accepted with humility and so- Chinese culture. series of military exercises against Taiwan, Managing the great Taiwan can nurture but unrivaled restraint prevailed in this lemnity the office of the ninth-term Presi- not just a new culture, but also a new soci- country. We know that it is imperative that dent of the Republic of China at the swear- ety. With political democracy, Taiwan’s so- peace and stability be maintained in the ing-in ceremony this morning. I fully under- ciety has become robustly pluralistic. The Asia-Pacific region. More important, we stand the meaning of this office as well as vigor thus released will provide nourishment would not like to see the sudden disappear- the duties of this office. I pledge myself to for new social life and bring about further ance of the economic growth in mainland the complete performance of my duties to progress. China that has been made possible with the best of my power. I would never fail you. We will regenerate family ethics and build great difficulty by its openness policy over Meanwhile, I sincerely call upon all my fel- up a strong sense of community beginning at the years. Patience on the part of the 21.3 low citizens to give me wholehearted, unself- the grass roots. This will enable us to have a million people is not tantamount to coward- ish and patient support so that we may harmonious and communicative society ice. Because we believe quiet tolerance is the stride forward hand in hand into the 21st where all members can have the joy of fam- only way to dispel enmity bred by confronta- century. I am convinced that during the next ily life. People will also be encouraged to tion. We will never negotiate under threat of century the Chinese people will be able to live a simple life and treasure all available attack, but we do not fear to negotiate. Our achieve the historic enterprise of peaceful resources. The land should be used based position is that dialogue will lead to the res- unification and do their very part for the upon optimum planning, and nature con- olution of any issues between the two sides peace and development of the world. servation should be promoted to make it pos- of the Taiwan Straits. May I wish the Republic of China contin- sible for future generations to savor the The Republic of China has always been a ued prosperity and all the distinguished beauty of the landscape. In the same spirit, sovereign state. Disputes across the Straits guests health and happiness. Thank you.∑ May 23, 1996 CONGRESSIONAL RECORD — SENATE S5619 THE CLOSURE OF PENNSYLVANIA as scheduled, and visitors can now Nation that forged a new way of life on AVENUE: A MATTER OF COMMON enjoy walking and biking down Penn- the American frontier. From native SENSE sylvania Avenue without danger of ve- American dances to cowboy gunfights, ∑ Mr. Pryor. Mr. President, there has hicular traffic. The White House is still the roundup displays all aspects of been a lot of talk recently, both in the people’s house and many would say frontier life and creates an atmosphere Congress and in the media, about re- that enjoyment has been increased by in which learning about our history opening the area of Pennsylvania Ave- the evolving pedestrian mall. and enjoying the festival come to- nue directly in front of the White Perhaps the strongest argument gether. against closure of Pennsylvania Ave- House that was closed due to security As one of the country’s largest an- nue in front of the White House is that concerns. Reopening the street to com- nual festivals, the Chisholm Trail it causes traffic problems for city mo- muter traffic sound good to drivers Roundup is nonprofit and benefits torists. While it is true that closure of who are inconvenienced. But before we Western heritage organizations. For 3 this area has increased an already bad tear down security structures at any days in June, Fort Worthians will traffic problem, the Department of Federal facility we should step back gather once again to celebrate the Transportation’s Federal Highway Ad- and review recent events in Oklahoma city’s rich heritage and to relive one of ministration and the District of Co- City and New York. The security of the most memorable times in Amer- lumbia’s Department of Public Works Federal buildings has become a serious ican history. issue indeed, and when the lives of are examining short-term and long- Americans are threatened we cannot term measures to reduce traffic prob- As a Senator from the State of afford to act politically. lems in the city. Texas, I would like to recognize the About 1 year ago, Treasury Secretary Again, inconvenience of drivers Chisholm Trail Roundup and its efforts Robert Rubin, whose department is around the White House cannot take to remind us of our pioneering herit- charged with protecting the President, precedent over the safety of the public age. I appreciate the thousands of ordered the Secret Service to close who visit the White House, the public hours of work that have gone into Pennsylvania Avenue to vehicular traf- servants who work in the White House planning this year’s event, and I am fic in front of the White House. His de- and, of course, the President and his looking forward to many more round- cision was not made precipitously but family. Our Government and society ups in the years to come.∑ only after it was called for by the most places a high value on human life and comprehensive study of White House I think even the most anxious D.C. f security in our Nation’s history. That driver would not want their zeal to get study, which was conducted by a body around town to result in harm to an- LARGE BINOCULAR TELESCOPE ON called the White House Security Re- other American. MT. GRAHAM IN ARIZONA view, determined that the threat of It is also valuable to note that the violent acts against the White House, creation of a pedestrian mall is consist- ∑ Mr. INOUYE. Mr. President, I rise to and other Federal buildings, had grown ent with President Washington’s vision express my serious concern with lan- much more serious over the last dec- for the White House, and it is similar guage contained in the final fiscal year ade. to a proposal that President and Mrs. 1996 appropriations measure which ad- It does not take a big study to tell us Kennedy endorsed a generation ago. dressed the construction of the Large that times have changed and that there Mr. President, Americans have long Binocular Telescope on Mr. Graham in is a greater threat to Federal buildings been known for their freedom, but I Arizona, which is a sacred place to the such as the White House. The World like to think Americans are also Apache Nation and home to the endan- Trade Center bombing, the Oklahoma known for their common sense. While I gered Mt. Graham red squirrel. The City bombing, not to mention the mur- realize that restricting access to any Apache tribal and religious leaders der near CIA headquarters 10 miles public building is not consistent with have urged the Congress and the ad- from here, are ample evidence of the America’s sense of freedom, I would ministration to protect their historic threat that domestic terrorism now argue that reopening Pennsylvania Av- holy land. They are joined by national poses in America. enue is contrary to our good common Native organizations and by a broad Mr. President, all of us agree that sense. cross-section of the religious and envi- the White House is the property of the Mr. President, Secretary Rubin made ronmental communities internation- public, that it should be as accessible a wise decision a year ago. He used his ally. I am also troubled that because as reasonable possible. But the White common sense and decided that closing there has been no hearing in the Con- House Security Review clearly found Pennsylvania Avenue was the right gress on this matter, the Apaches have that the threat to public safety from thing to do. Let’s not overrule his good not been afforded an opportunity to be an open Pennsylvania Avenue far out- judgment or jeopardize the people’s heard on this important matter of reli- weighed the inconvenience to commut- house by reopening Pennsylvania Ave- gious freedom. ers and sightseers in cars. After much nue.∑ consideration the Review concluded f It is my understanding that the ad- that it was, not able to identify any al- ministration has stated its position ternative to prohibiting vehicular traf- RECOGNITION OF CHISHOLM TRAIL that construction should not proceed fic on Pennsylvania Avenue that would ROUNDUP, FORT WORTH, TX until and unless there is full compli- ensure the protection of the President ∑ Mrs. HUTCHISON. Mr. President, ance with standard environmental and and others in the White House complex more than a hundred years ago, cattle cultural reviews. This position is con- from explosive devices carried in vehi- drives made their way across the Texas sistent with the recent ruling by the cles near the perimeter. These findings plains toward the railhead of Abilene, Ninth Circuit Court of Appeals, and it were endorsed by its independent bipar- KS, along what came to be known as would appear that the language ad- tisan Advisory Committee, which in- the Chisholm Trail. Within a span of dressing Mt. Graham telescope concluded former Secretary of Transpor- only two decades, the Chisholm Trail tained in the appropriations Act is not tation William Coleman and the former not only transformed settlements and contrary to this position. I can only as- Director of the FBI and CIA, Judge towns, like Ft. Worth, into major cen- sume that the administration and William Webster. ters of commerce, it also produced one many of my colleagues who have con- According to every authorative study of our Nation’s most enduring folk he- cerns both for the environment as well of the situation, restricting car traffic roes—the cowboy. as Native American rights have not in- around the White House is more than Since 1976, the Chisholm Trail sisted on the removal of this language reasonable. It is essential. Roundup has been held in the historic because they also read it as allowing Many argue that Secretary Rubin’s Stockyards District of Fort Worth, TX. for the customary environmental and actions have had a negative effect on The Roundup celebrates the Western cultural reviews to be completed before America’s enjoyment of the White spirit of adventure and perseverance construction on the telescope is al- House. However, tours have continued and honors the cultures of tribe and lowed to proceed.∑ S5620 CONGRESSIONAL RECORD — SENATE May 23, 1996 SALUTE TO ELIZABETHTON AND Carter County Economic Development mists was asked about using the tax system CARTER COUNTY ECONOMIC DE- Commission for their foresight, innova- to help reduce environmental damage. The VELOPMENT COMMISSION tion and creativity, and I look forward response? It certainly would be difficult, because it would increase the ‘‘tax burden.’’ ∑ Mr. FRIST. Mr. President, today, I to seeing other cities and counties fol- ‘‘Tax burden’’ is a phrase with which we would like to commend the city of low Elizabethton’s and Carter County’s are all so familiar that we don’t stop to Elizabethton and Carter County, TN, lead.∑ think what it means—nor what it implies. At for their innovative work in helping at- f first blush it seems value-free. But plainly a tract businesses and residents to their ‘‘burden’’ is something to be lifted. We don’t WHY DO WE CALL TAXES A refer to the monies we spend on movies, pop- community through the use of the BURDEN corn, milk or shoes as ‘‘burdens.’’ We refer to Internet. Last November, the Mr. PELL. Mr. President, there is a them—and think of them—as expenditures, Elizabethton and Carter County Eco- ∑ commonly held belief abroad in the some (movies and popcorn) optional, others nomic Development Commission estab- land that all taxes are inherently bur- (food, shoes) necessary. We don’t speak of lished a World Wide Web home page to our ‘‘consumption burden.’’ Why, then, a densome. This is implicit in an event provide corporations looking to relo- ‘‘tax burden’’? recently noted, known as ‘‘Tax Free- cate or select sites for expansion with Is it that our tax payments are not op- dom Day.’’ I was moved to ponder this instant access to the information they tional but our food expenditures are? That matter after reading an article in The can’t be it: We have to buy food. We can need on this region in upper east Ten- Washington Post, entitled ‘‘Why Do We choose between steak and hamburger (or yo- nessee. gurt and tofu), but we can’t choose between The Elizabethton and Carter County Call Taxes a Burden’?’’ by Professor Rashi Fein. Professor Fein makes the eating and starving. Indeed, the penalty for Community Profile is an online listing not eating far exceeds the penalty for non- that offers viewers demographic infor- point, most excellently, that our lan- payment of taxes. yet we do not speak of the mation on the area, including labor guage shapes our actions. ‘‘food burden.’’ A ‘‘burden’’ is by definition oppres- statistics, tax rates, education levels, More likely, we think of taxes as a burden sive. Our facile use of the term in con- population, housing data, types and because we’re not quite certain what it is nection with our taxes thereby encour- we’re buying when we pay them. We miss, availability of transportation, and lo- ages us to act to ease those taxes. By somehow, the connection between our tax cations of business complexes and in- such thinking, in fashioning a budget dollars and the fire protection, the highways, dustrial parks. It encompasses more resolution, all manner of actions be- the security against foreign powers and the than 120 pages of detailed community biomedical research that our dollars buy. come justified. Let us jettison support and economic information for consult- The problem is that few of the benefits we for Medicare, Medicaid, Social Secu- ants, site selection, real estate and cor- derive can be seen, touched or smelled. More- rity, hiring of police officers, heating porate executives throughout the world over, the benefits we derive from govern- assistance to the poor, protection of ment expenditures most often accrue to ev- and is a fine example of how advanced our environment, education loans, eryone; they do not come packaged in dis- technology can aid in the growth and United States humanitarian oper- crete units—this box of defense for me, this development of every American city. ations, civilian and military retire- piece of highway for you. As a physician and a U.S. Senator, I And many of us assume that we’d continue know firsthand how useful the Internet ment pensions, national defense, pros- to get whatever it is we’re getting from gov- has become in the last few years. When ecution of drug smugglers, and Am- ernment even if we didn’t pay our taxes. I was a heart transplant surgeon in trak. Thus, so this form of reasoning Without spending our dollars, we’d have no goes, will our ‘‘burden’’ be lifted. Yet Nashville, I considered access to the milk on our tables, but we can’t really imag- who among us would not assert that ine that schools and roads would disappear if Internet as vital to my work as any some, if not all of the aforementioned you and I didn’t buy them with our tax dol- surgical instrument because it allowed programs are worthy in motive and in- lars. Clearly, government doesn’t determine me to obtain up-to-the-minute infor- tent, albeit perhaps not flawless in exe- how many potholes to fill only after it depos- mation on the latest medical tech- its our tax dollars. If I don’t buy that book, cution? niques and procedures. It also allowed that restaurant meal, that aspirin—or if I Professor Fein posits that the weigh- cheat on my taxes—does government really me to communicate easily with my ing of appropriate tax and expenditure colleagues in transplant surgery subtract from the pothole-fixing budget or policies is difficult when our language the salaries of judges? That’s a tough con- throughout the country and across the encourages us to think of our taxes as nection to make—but without that connec- globe. burdens not connected to the benefits tion, my taxes come to seem irrelevant, Since coming to the U.S. Senate, I we derive from them. Police protec- hence unnecessary, hence a ‘‘burden.’’ have found a new use for the Internet— tion, clean air and water, an educated Of course, no government program would constituent communications. My suffer if you or I consumed less (and thus populace, and a strong national defense paid less in sales tax) or if I cheated on my World Wide Web home page—the first benefit each and every one of us. More- established by a Republican Member of return (and thus paid less in income tax). over, Federal entitlements—benefits But if you and I both underpaid, everyone Congress—now allows Tennesseans to citizens are entitled to collect if they else would have to pay more. And it surely view legislation that I have introduced, meet certain demographic or income stretches language beyond acceptable usage as well as my press releases, flow state- definitions—reach 49 percent of U.S. to call not taking advantage of one’s neigh- ments, biographical information, com- households, including 39 percent of bors a ‘‘burden.’’ mittee assignments, and voting record Burdens are by definition oppressive, and families with children and 98 percent of our facile use of the term in connection with with the click of a mouse. And I am the elderly. able to communicate via e-mail with our taxes thereby encourages us to do every- As a moral proposition, we must be thing we can (within the law) to ease them. thousands of Tennesseans and Ameri- careful of our words, for our words be- Cheating on our taxes comes to seem accept- cans who contact my office through my come our actions. And, as the adage able (at least understandable), even though home page seeking further information goes, actions become character, and tax evasion is precisely analogous to shop- on specific issues. The Internet has rev- our character becomes our destiny. In lifting. If we take fire protection, guarantees olutionized the way my Senate office considering amendments to the budget on educational loans, clean air and water but functions. resolution, let us not join in vying to fail to pay for them, we are stealing. In much the same way, the informa- Our language shapes our attitudes. To reduce our tax ‘‘burden’’ lest our des- weigh appropriate tax and expenditure poli- tion superhighway is revolutionizing tiny become a society ‘‘less organized cies in difficult when our language encour- the way companies do business and the and less civilized.’’ ages us to think of our taxes as burdens not way cities and counties approach eco- Mr. President, I ask that the article connected to the benefits we derive from nomic development. Mr. President, entitled ‘‘Why Do We Call Taxes a Bur- them. Elizabethton and Carter County are on den’?’’ be printed in the RECORD. Some weeks ago, I received a brochure en- the frontlines in this revolution. There The article follows. couraging me to open an IRA. In that brochure, a 1040 tax return was labeled ‘‘pain,’’ are many much larger cities that will [From the Washington, Post, May 17, 1996] while the application for an IRA was labeled have to struggle to obtain the techno- WHY DO WE CALL TAXES A ‘BURDEN’? ‘‘pain killer.’’ By implication, taxes (like logical advancements that have been (By Rashi Fein) pain) are to be avoided. By implication, I can made in this community. Mr. Presi- I learn a lot watching C–SPAN. The other continue to enjoy the benefits of government dent, I commend the Elizabethton and night, one of Washington’s leading econo- expenditures without paying for them. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5621 We can debate ‘‘value for money,’’ the wis- John was a fine law enforcement offi- the polls to elect a President. Whatever dom of particular government policies, pro- cer who dedicated his life to defending the outcome, this election will have grams and expenditures. We can argue as to the peace. Therefore, it was fitting profound implications for the course of whether we’re spending too much here, not when Governor Arne Carlson ordered reform in Russia, the future of democ- enough there. But that debate is distorted if we enter it with the view that any govern- all state flags to be lowered to half- racy in Central and Eastern Europe ment expenditure—which means my tax dol- staff in his honor. and the former Soviet Union, the devel- lar—is inherently burdensome. Deputy John Liebenstein was also a opment of United States-Russian rela- I feel as I do because I remember what Jus- loving husband, and a wonderful father. tions, and in fact, global stability. tice Holmes wrote in 1904: ‘‘Taxes are what I extend my deepest, most heartfelt I fear that we are not giving enough we pay for a civilized society’’ and what sympathy to his devoted wife, Jean and thought and attention to what is tak- Franklin Delano Roosevelt said in 1936, his three children. ing place in Russia and particularly to ‘‘Taxes, after all, are the dues that we pay He leaves a rich legacy of protecting how the impending election might af- for the privileges of membership in an orga- the lives and property of his fellow citi- fect United States-Russian relations. nized society.’’ zens, and we will never forget this gal- Accordingly, majority and minority Now, at century’s end, our economists tell lant man. us taxes are a burden, and our pension funds ∑ staff members of the Foreign Relations tell us taxes are a pain. Is it any wonder that f Committee were recently tasked with our leaders vie to reduce the burden and the HONORING THE LANGLEYS CELE- visiting Russia to get a sense of the is- pain, even if in so doing our society becomes BRATING THEIR 50TH WEDDING sues and the candidates in the lead-up somewhat less organized and less civilized? ∑ ANNIVERSARY to the elections. They have prepared a f report based upon their visit which I Mr. AKAKA. Mr. President, I am de- ∑ would commend to my colleagues. GEORGIA O’KEEFFE lighted today to honor Norton and COMMEMORATIVE STAMP The report makes no predictions Joan Langley of Honolulu, Hawaii, who about the outcome of the election. ∑ Mr. BINGAMAN. Mr. President, will celebrate their 50th wedding anni- Rather, it presents some of the issues today, on the historic plaza in Santa versary on May 28, 1996. The commit- confronting the candidates and the Fe, New Mexico, the United States ment to marriage is a solemn one, and electorate, including economic and key Postal Service will unveil the Georgia the desire to remain united for half a foreign policy issues. I would ask that O’Keeffe ‘‘Red Poppy’’ Commemorative century is laudable. the report summary be placed in the The Langleys met while teenagers Stamp. This stamp is a culmination of RECORD at the end of my remarks. and were married in 1946, after Norton the work of many people to bring spe- The bottom line is that no one can returned from World War II with two cial recognition to the artist who is predict what will happen in Russia in Purple Hearts. In 1957, they traded life considered one of the foremost Amer- the coming weeks and months. I be- in San Francisco for Honolulu where ican artists of the 20th Century. lieve, however, that it is important to they opened the first of their clothing Although a native of Wisconsin, Miss be as informed as possible about devel- stores, Casual Aire of Hawaii. Their O’Keeffe has been closely identified opments in Russia so as to avoid unin- flagship shop, located in the lovely Hil- with New Mexico for nearly 70 years formed or knee-jerk reactions to ton Hawaiian Village Hotel in Waikiki, through her life and work. We are ex- events there. I believe the committee was featured in the opening shots of ceptionally proud of the fact that her staff report makes a useful contribu- the first television series produced in love of our landscape was so wonder- tion to the discussion. fully realized in her paintings. Hawaii—‘‘Hawaiian Eye.’’ Two of their three children continue I am pleased to note that the staff Miss O’Keeffe found endless fascina- to reside in Honolulu where son, Larry, trip was conducted and the report was tion in the bleached bones that dot the and daughter, Jodi, operate Casual written on a bipartisan basis. I would New Mexico deserts. The intense colors Aire. Their eldest daughter, Nanci, re- like to thank Senator HELMS and his of common flowers, the vastness of the sides in Virginia, and is a valued mem- staff for the high level of cooperation sky and the shape of the hills all were ber of my staff. I wish this happy fam- they have offered on this venture. I sources of profound inspiration. Her art ily all the best and congratulate them know that we share the goal of sup- expressed her vision. Because of her on the strength of their family ties.∑ porting continued reform in Russia, work, we can have a glimpse of what f and as Russia heads into a period of un- she saw. certainty, I am hopeful that we can When Georgia O’Keeffe died in Santa ON THE EVE OF RUSSIA’S continue to work together to promote Fe on March 6, 1986, her work remained PRESIDENTIAL ELECTIONS that goal. as a lasting testament to her talent ∑ Mr. PELL. Mr. President, since the SUMMARY OF KEY FINDINGS and grace. She, like her work, was an Soviet Union broke up in December On June 16, 1996, the Russian Federa- American original, and I am very glad 1991, Russians have undergone five very tion will hold Presidential elections. that the U.S. Postal Service has chosen painful years of political and economic By any estimation, this election—just to honor her in this way.∑ transition. Life is difficult and uncer- over a month away—will have profound f tain for many average Russians. In implications for the course of reform in Russia’s most recent elections, held Russia, the future of democracy in TRIBUTE TO JOHN LIEBENSTEIN, last December, Communists gained Central and Eastern Europe and the SLAIN RICE COUNTY DEPUTY control of the Russian legislature and former Soviet Union, the development ∑ Mr. WELLSTONE. Mr. President, I pro-reform parties were marginalized. of United States-Russian relations, and rise to pay tribute to a very brave man, Earlier this year, that Parliament in fact, global stability. No clear favor- to Deputy John Liebenstein, 40, a nine voted to abrogate the treaty which dis- ite candidate has yet emerged. year member of the Rice County Sher- banded the Soviet Union. While reject- The Russian presidential election iff’s Department in Minnesota. ing the Parliament’s vote, President comes in the wake of five very painful Deputy Liebenstein sacrificed his life Yeltsin is nevertheless pursuing closer years of political and economic transi- on May 3, 1996 in the line of duty. He ties with its former Soviet neighbors. tion. Ironically, just as the Russian was killed when a suspect, allegedly President Boris Yeltsin has also made economy shows evidence of imminent driving a stolen car, rammed his un- several key personnel changes in the growth, the Russian electorate’s hos- marked squad car on a freeway exit, last few months, dismissing some of tility to reform and pro-reform can- following a high speed chase by police the key reformers. War continues to didates is peaking. over forty miles through three coun- rage in Chechnya. At the same time, The Russian people appear to fear ties. Russia has agreed to adhere to strin- change more than they dislike Presi- It is a tragedy when any policeman gent economic requirements to con- dent Boris Yeltsin. However, voter dis- falls in the line of duty. However, Dep- tinue to receive funding from Inter- content runs deep and nostalgia for the uty Liebenstein’s untimely death had national Monetary Fund. better, more stable and predictable an immediate impact on the citizens of Against this backdrop, on June 16, in times, whether based on reality or not, his tightly-knit Minnesota community. less than a month, Russians will go to is the order of the day. Many equate S5622 CONGRESSIONAL RECORD — SENATE May 23, 1996 democracy with a breakdown of order, ballot—have tentatively agreed to sup- to gauge whether apparent Russian ap- rampant crime and corruption, and op- port the most popular among them. prehensions are genuine or calculated. pression by the mafia. The problem is that each of the three Russian officials offer an At this point, it appears that the believes himself to be that person. unapologetic though naive defense of Communist candidate, Gennadiy Aside from the campaign perform- Russia’s relationship with Iran. They Zyuganov, has the largest amount of ance of the various candidates for the regard Russia’s relations with Iran as support among the electorate. Presidential election, other factors normal, and perceive Iran neither as Zyuganov has a chameleon-like ability which may influence the outcome in- enemy nor ally. Russian officials com- to tailor his message to a particular clude voter turnout and the ever pletely dismiss suggestions that Iran audience. It is, therefore, difficult to present threat of fraud. Even if the may use technology acquired from Rus- distinguish his true beliefs from his June election is relatively fair, charges sia to develop a nuclear weapons pro- campaign rhetoric, and by extension to of fraud will likely be made by those gram. predict how the Communist Party, if it who fail to make the second round. Russian foreign policy analysts are captures the Presidency, would manage Russian politicians readily admit divided over whether close relations the Russian economy, political system, that foreign policy will not play a can be forged with the People’s Repub- and foreign policy. major role in the upcoming presi- lic of China. Nonetheless, despite this Many in Russia conclude that an dential election campaign. That being skepticism, many endorse expanded co- electoral victory by the Communists said, Russia’s identity and role in the operation with China as a useful coun- would inevitably result in dictatorship. world is a theme that all candidates terbalance to the United States on is- Such fears may not be overblown: anec- are exploiting—and to which voters sues such as NATO expansion.∑ dotal information indicates that some seem to be responding. f reformers are keeping their exit visas Given the resonance that nationalist TRIBUTE TO LIEUTENANT COM- current through the presidential elec- themes have among the electorate, it is MANDER STEPHEN P. METRUCK, tion. The gloomier analysts even pre- not surprising that the current govern- U.S.C.G. dict a prompt reopening of the gulags ment is emphasizing Russian integra- and the reemergence of political trials. tion with other countries of the former ∑ Mr. KERRY. Mr. President, I want to Two trends in the Russian economy Soviet Union, rethinking its relation- take this opportunity to express my may serve to sustain market reforms ship with the United States, and oppos- sincere thanks to Lieutenant Com- in Russia even if an anti-market can- ing NATO expansion. mander Stephen Metruck who has didate is elected President. The first is Russian officials go to great lengths served as my legislative assistant for the growing base of small businesses. to emphasize that the government is oceans and fisheries issues for the past The second is the increasing flow of pursuing integration with its neighbors 21⁄2 years. economic power to the regions. as distinct from reintegration. Accord- Steve has done an outstanding job President Yeltsin has predicted that ing to these officials, the distinction is and has honored himself and the Coast he will prevail in the first round of the that reintegration would imply a reim- Guard with his dedication and quiet June 16 election, gathering enough of position of a command economy and dignity. His talents and the depth of the vote to win the election outright. reestablishment of the Soviet Union, his knowledge brought a unique per- While such an outcome is nearly im- while integration implies a voluntary spective on the issues on which he ad- possible, Yeltsin is widely viewed as a relationship on the model of the Euro- vised me, and he will be missed. I know likely second place finisher—which is pean Union. that the Coast Guard needs to retain sufficient to get him into the run-off. After the break-up of the Soviet officers with his experience and capa- While President Yeltsin’s core sup- Union in December 1991, there was gen- bility and Steve’s dedication to the porters within the electorate are out- eral euphoria in Washington and Mos- Service compels him to return to the numbered by those committed to the cow about the prospects for a United field, but I would welcome his perma- Communists, it is widely believed that States—Russian partnership on a wide nent service in my office. Our loss is he has much more opportunity to range of foreign policy, arms control, the Coast Guard’s gain, and Steve will broaden his support as the campaign and other issues. By 1994, however, sev- be leaving my staff shortly to return to wears on. eral events had occurred which collec- serve as the Executive Officer of the Vladimir Zhirinovsky must be con- tively served to dampen enthusiasm in Coast Guard Marine Safety Office in sidered a serious contender if for no both capitals about the prospects for Buffalo, NY. other reason than that he has consist- close United States-Russian coopera- Steve came to my staff on detail ently exceeded the expectations of tion. from the United States Coast Guard to most analysts. While he is reviled by Both Washington and Moscow had assist me with my work on the Senate most opponents, Zhirinovsky has a unrealistic expectations about the pos- Commerce Committee Subcommittee loyal, if somewhat fractious electoral sibilities for United States-Russian re- on Oceans and Fisheries. As Ranking base. His high negative rating makes lations. Still, many Russians, while Member of that Subcommittee—and in his chances of victory near impossible. readily admitting that things had my prior role as Vice Chairman of the A widely split vote among pro-reform changed, are reluctant to abandon the subcommittee’s predecessor, the Na- candidates, however, could propel him notion of a Russian-United States part- tional Ocean Policy Study—I had into the second round, thereby creating nership—particularly on issues of mu- planned to sponsor a number of impor- the nightmare scenario for Russia’s tual interest such as arms control and tant legislative measures including the democratic reformers: a runoff between the fight against organized crime and reauthorization of the Magnuson Fish- Zyuganov and Zhirinovsky. terrorism. ery Conservation and Management Act Grigory Yavlinsky considers himself Even those who admit to a cooling in and was pleased to gain someone with to be the last, true democratic reform relations with the United States point Steve’s experience and expertise in ma- leader in Russia. Certainly, he is the to United States-Russian collaboration rine safety and environmental policy. last democrat with anything resem- in Bosnia as a success story and a For over 21⁄2 years, Steve has been a bling a popular constituency in Russia model for future cooperation. Given crucial part of my legislative team. I today, although many question wheth- previous United States-Russian divi- have come to rely on his expertise in er his popularity extends much beyond sions over Bosnia—with the Russians Coast Guard, marine, coastal and fish- Moscow and St. Petersburg. traditionally taking positions sympa- eries issues. As we all know around The key to Yavlinsky’s electoral thetic to the Serbs—Russian satisfac- here, it is critical to have staff that strategy is to build a coalition—the so- tion with the current IFOR arrange- can produce high quality work under called ‘‘third force’’—with fellow can- ment is particularly noteworthy. short deadlines and with constantly didates Svyatoslav Fyodorov and Gen- While Russian officials continue to shifting priorities. Steve was a master eral Alexandr Lebed. The three—all of voice their opposition to NATO expan- juggler. He was a quick study and in whom have collected the necessary one sion, their arguments are often con- short order he began to work closely million signatures to be listed on the tradictory and muddled. It is difficult with Committee staff where he helped May 23, 1996 CONGRESSIONAL RECORD — SENATE S5623 draft several bills and amendments, in- Comprehensive Aircraft Navigation fund raising event at the beautiful Cha- cluding the omnibus rewrite of the (SCAN) for the second consecutive teau Marmont in Beverly Hills. Magnuson bill as well as innumerable year. Freer also placed seventh in Sim- The letter goes on to note that pro- floor statements, memos and letters. ulator Flying. Robert Shaw captured ceeds from this fund raising event will Another key aspect for any staff in second place in Computer Accuracy, benefit Americans for a Safe Future my office is to provide courteous and and Susan Bailey took home second and ‘‘its continuing efforts to protect helpful constituent service. Steve dem- place in the message drop, in her very our environment, our children, and our onstrates an amazing ability to be sen- first competition. future from radioactive contamina- sitive yet fair to all parties involved in This victory and the women and men tion.’’ an issue. I believe that most of my con- who made it possible are a credit to the Well, Mr. President, I want to protect stituents—fishermen, coastal residents, university and UND’s Center for Aero- our environment, our children, and our environmental activists and others— space Sciences, an internationally rec- future from radioactive contamination. who he has served would agree that he ognized center for aerospace learning. I We all do. is always extremely helpful and treats am proud of every member of the team, But I will not be making a contribu- everyone equally and with respect. and offer special congratulations to tion to this group. As he leaves to continue his duty I will not be sending a check. coach Bridewell, who is ending his dis- I will not be going to Beverly Hills to with the Coast Guard, I join the mem- tinguished tenure with yet another listen as movie stars read poetry. bers of my staff and everyone who has championship. Every member of the Because this group is on the wrong had the pleasure to work with Steve team and coaching staff deserve rec- side of the environment, Mr. President. Metruck during his time in the United ognition, and I am pleased to submit a They are actually opposing what States Senate in wishing him well in complete list for the RECORD. they claim to uphold. his service. I know Steve will continue The list follows: While these movie stars claim to be to honor his uniform, his country, and 1996 UND FLYING TEAM protecting our children from radio- his family with the decency, intel- Team Members: Bill Bailey (senior, Rog- active contamination, their efforts are ligence, and integrity he brought to his ers, MN), Susan Bailey (sophomore, Sutton, inadvertently exposing our children to service on my staff. He is to be com- ND), Shannon Bengeyfield (sophomore, Dil- radioactive contamination. mended for his deep and abiding belief lon, MT), Chris Farmer (co-captain, senior, I am not suggesting that these movie that we must do everything we can to Bluefield, WV), Larry Freer (junior, West stars want to do this because of a lack responsibly protect and preserve the Palm Beach, FL), Mike Galante (co-captain, of intention. senior, Champlin, MN), Brian Jackson (jun- I am sure they are well meaning. I environment. Good luck, Lieutenant ior, Sioux Falls, SD), Joshua Kendrick (sen- Commander Stephen P. Metruck, and ior, Lino Lakes, MN), Aleah Longshore am certain they think they are doing thank you for a job well done.∑ (sophomore, Settler, Alberta, Canada), Rob- the right thing. f ert Shaw (senior, Naperville, IL), Mike But they are misinformed, and they Smieja (senior, Wells, MN), Juliana Stops are harming those they really want to CONGRATULATING THE UNIVER- (sophomore, Buffalo Grove, IL), and Chris protect. SITY OF NORTH DAKOTA FLYING VanGinkel (senior, Maurice, IA). ‘‘Americans for a Safe Future’’ claim TEAM Coach: John Bridewell. they are protecting the Colorado River Mr. CONRAD. Mr. President, I would Assistant Coaches: Drew Avery, Spencer from the low-level radioactive waste Henderson, Jim Higgins, Mark Johnson, and facility planned for Ward Valley in the like to offer my sincere congratula- Al Skramstad. tions to the men and women of the Mojave Desert. Mr. BOND addressed the Chair. If the Ward Valley site is built, they University of North Dakota Flying The Senator from Missouri is recog- say radioactivity from Ward Valley Team, who recently captured their nized. third consecutive national champion- will leak into the Colorado River. (The remarks of Mr. BOND pertaining Robert Redford says so. ship at the National Intercollegiate to the introduction of S. 1816 are lo- Flying Association’s 48th annual Safe- Ed Begley, Jr. says so. cated in today’s RECORD under ‘‘State- Priscilla Presley says so. ty and Flight Evaluation Conference in ments on Introduced Bills and Joint Don Henley says so. Daytona Beach, FL. Resolutions.’’) That is all some people need to hear The championship places an empha- Mr. MURKOWSKI addressed the to reach for their checkbooks and take sis on safety, and is comprised of nine Chair. up the cause. different events that test a variety of The PRESIDING OFFICER. The Sen- Sadly, some are content to get infor- aviation skills, both on the ground and ator from Alaska is recognized. mation about radioactive waste and in the air. In addition to scoring an f desert hydrology from rock singers and overall win, UND was first in combined movie stars, even if prominent and dis- scoring for the five ground events, and ARTS, LETTERS, AND POLITICS tinguished scientists say otherwise. second in the Judges Trophy, which is Mr. MURKOWSKI. Mr. President, I I want to refer to this chart, because awarded on the basis of a team’s over- thank the Chair. An interesting fund- it speaks for itself. There are the Hol- all depth. raising letter came to my attention. It lywood movie stars, and here are the A national championship is clearly a was written by actress Priscilla Pres- scientists who risk their reputation in tremendous accomplishment, and I ley, Elvis Presley’s former wife. saying that Ward Valley is unlikely to commend each and every member of Accompanying the letter was another leak radioactivity into the Colorado the team. Although a significant from actor, Robert Redford. River. Where are you going to put this achievement, I want my colleagues to These letters are promoting a special waste? Nobody wants it. California has know that this is only the most recent evening of ‘‘Arts, Letters and Politics’’ met the Federal laws that we set up to triumph for what has been without in Beverly Hills benefiting a group allow them to do it. This is the site the question the most successful NIFA called ‘‘Americans for a Safe Future.’’ National Academy of Sciences has rec- team in the country. This year’s na- During this special star-studded ommended, and here we are listening tional championship is the UND Flying evening, there will be a lavish recep- to movie stars raising money that it Team’s tenth in the last twelve years, tion, followed by a ‘‘program of celeb- will not be there, but they do not pro- and the fifth for retiring team coach rity prose and poetry readings’’ by pose to put it anywhere. John Bridewell. movie stars Ed Harris and Amy Mad- Mr. President, I believe we ought to This victory was a team effort from igan. The Master of Ceremonies will be listen to geologists and hydrologists start to finish, but several individuals Ed Begley, Jr. when the subject is radioactive waste deserve special recognition. Mike Other names on the letterhead in- and desert hydrology, and we ought to Smieja placed first in Aircraft Rec- clude such Hollywood luminaries as listen to movie stars when the subject ognition, the fourth time he has won rock star Don Henley and TV producers is, well, movies. that event at the national tournament. Gayle Hurd and Gary Goldberg. Sadly, the activism of movie stars Larry Freer was another repeat win- For as little as $250 or as much as has temporarily eclipsed the findings ner, taking first place in Simulated $5000, one can attend this glittering of scientists. S5624 CONGRESSIONAL RECORD — SENATE May 23, 1996 Secretary Babbitt is ignoring the Na- Thank you, Mr. President. I yield the I think moral leadership, from my tional Academy of Sciences report that floor. definition, is doing what you say you he himself commissioned and the tax- I see other colleagues seeking rec- are going to do. payers paid for—and we are at an im- ognition. This is yet another example—this use passe today. I wish you a pleasant recess, Mr. of the Soldiers’ and Sailors’ Civil Re- And because of that impasse, low- President. lief Act of 1940—where the President of level radioactive waste is piling up at Mr. GRASSLEY addressed the Chair. the United States, albeit a citizen, is 800 sites around California, including The PRESIDING OFFICER. The Sen- indeed the Commander in Chief, but he most major colleges and hospitals. ator from Iowa. probably is not doing what the intent Some of the sites are in densely pop- f of the law is. The Constitution empow- ulated areas, vulnerable to accidental ers him, of course, to be their leader. THE VOID IN MORAL With that power, he has responsibil- radioactive releases from fire, flood or LEADERSHIP—PART X earthquake. ities. Responsibilities to set the best ‘‘Americans for a Safe Future’’ are Mr. GRASSLEY. Mr. President, last possible example for those in the mili- headquartered in Santa Monica, ac- week, attorneys for the President of tary. cording to their letterhead. I asked my the United States filed an appeal with The U.S. Navy has recently under- staff to review the 2,106 radioactive the Supreme Court to delay the sexual gone enormous public criticism. One of materials licenses in California, and harassment lawsuit filed against him the most damning incidents was sexual they quickly found 13 in Santa Monica. by Paula Jones. Ms. Jones is a former harassment associated with Tailhook. There are 432 in Los Angeles County. Arkansas State employee. Congress and the public have put great And yes, some are even in Beverly The President’s strategy is to try to pressure on the Navy to assign respon- Hills. delay the lawsuit until after he leaves sibility and accountability for that Do these activists and movie stars office. among the reasons he cites for outrageous behavior. Admirals and know that radioactive waste is piling the need for delay is the Soldiers’ and captains could not hide behind loop- up in California neighborhoods, hos- Sailors’ Civil Relief Act of 1940. This holes, helped by clever lawyers, to pitals and college campuses, because law lets those who serve in the mili- avoid accountability. They had to face they are standing in the way of a facil- tary postpone civil litigation until the trial, and take responsibility for their ity in the remote and unpopulated subject’s completion of active duty actions. In his appeal to the Supreme Court, desert? military service. the President would like to avoid tak- Do they know that fire, earthquake Columnist Maureen Dowd writes ing that responsibility. What kind of or flood could result in a release of ra- about this issue in this morning’s, New message does that send to the men and dioactive materials from these sites? York Times. She says it is a move Are they suggesting we halt cancer ‘‘that marks a new level of chutzpah in women he leads as Commander in Chief? treatment or AIDS research that uses American politics.’’ She says, ‘‘As a society, we haven’t preserved our sense of Is not the mark of a true leader one radioactive materials? who would do the same that he asks of Mr. President, these activists and shame. But Bill Clinton is doing his those he leads? How can a leader have movie stars may be sincere, but they best to preserve our sense of shameless- one standard for himself and another are sincerely wrong. They do not real- ness.’’ for everyone under him—a double ize the effect of their activism. They Why is this? Ms. Dowd goes on to explain: ‘‘* * * Mr. Bennett (the Presi- standard? Is this setting a good exam- are endangering the environment and ple? Is this leadership? And what kind dent’s attorney in the case) is getting their communities while they intend to of military would we have if our offi- paid too much to make the hideous do the opposite. cers chose to follow their leader, in Mr. President, like most Americans I mistake of reminding the public of one this case the Commander in Chief, and like to go to the movies and see tal- of Mr. Clinton’s improvidences (his ma- avoid responsibility in the same way? ented actors and actresses practice neuvering on the draft) in defense of Well, of course, you know the answer. their craft. another (his wandering eye).’’ That is a The integrity of the military would be And as talented as these actors and quote from Maureen Dowd’s column in severely compromised. actresses are, the are not experts in the today’s issue of The New York Times. Mr. President, this is a good illustra- In a ‘‘Dear Colleague’’ letter dated field of hydrology or radioactivity. tion of why moral leadership in a Nor am I. That is why I rely on ex- May 21, BOB STUMP, the chairman of President is so important, just as perts. And the experts of the National the House Committee on Veterans Af- Franklin Delano Roosevelt observed. I Academy of Sciences have spoken. fairs, also addressed this issue of the have quoted him so many times on this Ward Valley is safe. Let us get the President allegedly serving in the floor in this series of speeches that I waste out of populated neighborhoods, armed forces. Mr. STUMP, I might re- am not going to quote him again, but and out to a monitored site in the remind my colleagues, was once a mem- FDR laid out very clearly that if there mote desert where it belongs. ber of the President’s own party. Here is anyplace you are going to question a I urge these movie stars who lend is what Mr. STUMP says, speaking President, it is his moral leadership. In their names and talents to these causes about the President’s use of the 1940 this President, there is a fundamental to examine the facts and the scientific act: lack of moral leadership. evidence about Ward Valley, and to re- This ignoble pleading is a slap in the face It has a corroding effect on the consider their actions. to the millions of men and women who either public’s trust in their Government and I know that they want a safe future. are serving on active duty, or have served on active duty in the armed forces of the United authorities. It breeds cynicism. That is We all do. my great fear, and that is why I have But I do not believe we need to trade States. In 1969, President Clinton ran away reluctantly taken the floor recently a safe present to achieve that goal. A from his military obligation, dodging the with my observations about the Presi- single, licensed, monitored disposal draft, claiming that he ‘loathed the military.’ Now, President Clinton by claiming dent not doing what he said he would site at Ward Valley will not only result possible protection under The Soldiers’ and do. in a safe future—but it gets the waste Sailors’ Civil Relief Act, makes a mockery of I yield the floor. being stockpiled in hospitals and col- the laws meant to protect the honorable men Mr. DORGAN addressed the Chair. lege campuses out of our neighbor- and women who serve their country in the The PRESIDING OFFICER (Mr. BEN- hoods and away from our children armed forces of the United States. NETT). The Senator from North Dakota. today. Mr. President, I have given a series of f I urge my colleagues to cosponsor a statements on this floor regarding the bipartisan bill Senator JOHNSTON and I President’s absence of moral leadership CRITICIZING THE PRESIDENT have introduced to end the impasse: S. for this country. I have been very spe- Mr. DORGAN. Mr. President, I must 1596, the Ward Valley Land Transfer cific about when he has failed to set a observe before I speak briefly about Act. good example for those he serves and what I intend to speak about, the Sen- Let us listen to science, and end this leads. I have been specific about how he ator from Iowa does not seem so reluc- stalemate. says one thing and does another. tant; he says he reluctantly takes the May 23, 1996 CONGRESSIONAL RECORD — SENATE S5625 floor, and he certainly has been persist- cidental nuclear launch against our Those who bring this to the floor of ent, and today at least he has taken country. the Senate have an obligation to tell us the floor criticizing the President for Of course, a nuclear device might how it is going to be paid for. The an- what he has not done. very likely come from a less sophisti- nouncement of this so-called Defend The minority leader just finished cated missile like a cruise missile. We America Act was made at a press con- reading the statement in the Chamber have thousands and thousands and ference recently, and the question was that describes accurately the cir- thousands of cruise missiles proliferat- asked: Where do you get the money for cumstances of the filing on behalf of ing this world. They are much easier to this? And the answer at the press con- the President, and it categorically re- get access to. A nuclear-tipped cruise ference by Members of the Senate was: jects the assertions just made by the missile is a much more likely threat to Well, we will leave that to the experts. Senator from Iowa. But it is an even- this country than the ICBM, or perhaps No, it will not be left to the experts. numbered year. We all know what that a suitcase and 20 pounds of plutonium This Congress will have to decide who means. And being President certainly and the opportunity to turn it into a pays for a new Federal spending pro- means you are subject to criticism. I nuclear device, or perhaps a glass vile gram that will cost $60 billion plus and understand that, as do others who no larger than this with the most dead- after being built will not in fact defend serve in public office. I believe the ly biological agents to mankind. this country against a nuclear attack. American people understand all of us Of course, we will spend $60 billion on There are many needs that we have have things about us that are positive, a star wars program, at the end of in our defense system in this country. things that are not so positive perhaps. which it will be obsolete and will not Some worry that we are in a cir- None of us are perfect. protect this country against that cumstance where we will decide to This President, like President Bush which we advertise we need protection. downsize in defense too much: We will and President Reagan, President We had an ABM system built in be unprepared to meet an adversary; Carter and others before them, I sus- North Dakota. Billions and billions of we will be unprepared to meet a threat. pect, resides in the White House trying dollars in today’s money went into I understand that. I understand this to figure out how to do the best job he that in northeastern North Dakota. It country has gone through this in pre- can to move this country forward and was declared mothballed the same vious periods, and I do not want us to serve the best interests of this country. month it was declared operational. In be in that position. But I also under- It is easy to be critical. I hope all of other words, the same month they de- stand that in every area of the armed us would understand that the job of the clared operational a system which they services there are weapons programs President of the United States is a said we desperately needed they de- that simply seem to have a life of their tough job. It is tough for Republicans cided would no longer be needed, and it own and they tend to build and build, and tough for Democrats. This is a sits up there as a concrete monument and they become not so much a justifi- country with a lot of good and a lot of to bad planning. It was an expenditure able program that is necessary to de- opportunity, and I hope all of us can of the taxpayers’ money that, in my fend our country, but they become a work together to help this President judgment, need not have been made. program that is supported by a range and future Presidents realize that op- Now we are told that we have the of politicians and corporations and portunity. need for a national defense program, or other interests that give it a life of its f Defend America Act, of some type that own, even when it becomes unneces- will defend us only against a very nar- sary or when the science and the tech- NATIONAL MISSILE DEFENSE row, limited threat, not a full-scale nu- nology demonstrate it is not needed. Mr. DORGAN. Mr. President, I take clear attack from an adversary, be- I hope we will have an aggressive dis- the floor to say that it appears to me cause it will not defend us against cussion about this, about the threat we may be talking about National Mis- that, will not defend us against a nu- and about the amount of proposed ex- sile Defense or the Defend America Act clear attack of cruise missiles. It can- penditure, and about who is going to very soon. Perhaps it will even be laid not do that. It will not defend us come up with the money, and espe- down before we finish tonight so there against a nuclear attack by a terrorist cially about whether, in fact, this is is a cloture vote when we come back. I nation putting a nuclear bomb in a needed for this country’s defense. am not sure. suitcase in the trunk of a Yugo car, a Mr. President, I thank you for your I want to observe—and I have done rusty old Yugo at a dock in New York indulgence. I yield the floor, and I this for years that I have been in Con- City. But we are told $60 billion to make a point of order that a quorum is gress—that we just finished a budget in build and how many tens of billions of not present. which there was a lot of talk about re- dollars to operate is what is necessary. The PRESIDING OFFICER. The ducing the Federal deficit, the need to I say to those who will bring that to clerk will call the roll. reduce Federal spending, and the De- the floor, while you do that, please The legislative clerk proceeded to fend America Act, or the National Mis- bring us a plan telling us who is going call the roll. sile Defense Program, is a program, ac- to pay the tax to build it. Where are Mrs. HUTCHISON. Mr. President, I cording to the Congressional Budget you going to get the money? Who is ask unanimous consent that the order Office, that just to build—not to oper- going to pay the tax? And then de- for the quorum call be rescinded. ate, just to build—will cost between $30 scribe why that is necessary and the The PRESIDING OFFICER. Without billion and $60 billion. Now, the oper- fact when you get done you have not objection, it is so ordered. ational costs will be much, much great- created the defense for America you f er than that. say you are going to create. It seems to me the funding question There are many needs that we have THE INTERSTATE STALKING ACT ought to be posed and ought to be an- in this country in defense. Many re- Mrs. HUTCHISON. Mr. President, I swered by those who bring a spending main unmet. This kind of proposal want to talk about a bill that I hope we program to the floor of the Senate that ranks well down, in my judgment, in can clear tonight in the Senate because says let us spend up to an additional the order of priorities. If it is techno- it is a very important bill that will $60 billion more on a program that I do logically feasible to be built to protect begin to protect the victims of stalking not think this country needs because this country, it ranks well down in the all over this country. You know, we did the National Missile Defense Program, order of priorities. My hope is that we not really know much about stalking or the Defend America Act, will not will have a full, aggressive, interesting until the last few years. That is be- truly be an astrodome over our country debate on this because it is not a de- cause it was a hard crime to pin down. that will defend us against incoming bate about pennies. It is a debate about Stalking is threats. It is harassment. It missiles. It presumes that we should a major, sizable spending program, new is the constant terrorizing of a victim, build a defense against ICBM’s in the spending program at a time when we whether the act that is said would be event a rogue nation would launch an are trying to downsize and at a time done is actually perpetrated or if, ICBM with a nuclear tip against our when we are talking about the need to sometimes, it is not. But whether it is country, or in the event there is an ac- control Federal spending. or is not, it is a very tough thing for a S5626 CONGRESSIONAL RECORD — SENATE May 23, 1996 victim to continue to be in fear, to If we pass it tonight, it will go groups, ‘‘Shoot it down’’—we can’t. We wonder, ‘‘Am I going to have someone straight to the President because the don’t have a defense. So, if a rogue stick a knife in my back? Am I going bill is in the form that it passed the state such as North Korea launched a to be able to walk in my neighborhood House. This should not be a tough bill. single missile at the United States, we without fear? Am I going to be able to I am asking my colleagues on the could do nothing to stop its deadly go to sleep at night without fear?″ Democratic side to clear this bill. We flight towards an American town or Then, in fact, we have found that the thought that it was cleared. Perhaps it city. victims of this stalking actually be- was not. Perhaps they can make a In his speech yesterday President come victims sometimes. When Con- phone call, if someone has a concern on Clinton pointed to his $3 billion budget gressman ED ROYCE and I started work- their side. I think we ought to be able request for missile defense programs as ing on this we had a press conference in to do what is right. This is a bill that evidence of a ‘‘strong, sensible national which we had some incredible stories of ought to pass. It is a bill that has missile defense program.’’ This happens stalking victims. A woman from Cali- merit. It is a bill that is not controver- to be 21 percent less than the Presi- fornia who was constantly threatened, sial or it would have been stopped be- dent’s own national security advisers who moved to Florida to escape this fore now. proposed in their Bottom-Up review of stalking from this person that she real- So I hope my colleagues on the other U.S. defense needs. It is also 30 percent ly did not know and who was clearly side of the aisle will see fit to find out less than what the Senate Armed Serv- demented—she moved to Florida and if there is a real problem with this bill. ices Committee provides in this year’s one night did become a victim. The Or if it is a problem with something defense authorization bill. In short, it person broke into her home and threat- else, perhaps they will clear this bill, is not enough for a determined and ef- ened her with a knife. She did get away because it might save one life. It might fective effort to defend the American without injury. save one person from being victimized people from the threat of ballistic mis- But then there was the stalking vic- and it would be worth it if we could do siles. tim whose husband was outside with that. President Clinton attacked the De- his wife and she was shot to death, he This is a bill that passed along with fend America Act, which I introduced 2 was shot, and this was from a person Megan’s law on the House of Rep- months ago, claiming: who had constantly threatened his resentative’s side. Megan’s law has al- They have a plan that Congress will take wife. So they could have prevented it if ready been signed by the President. up this week that would force us to choose there had been some way to do it, but, now a costly missile defense system that This will allow victims of any kind of could be obsolete tomorrow. in fact, there was no way to do it be- domestic violence harassment or if it is cause stalking was not a crime until This is simply not true. The Defend not a domestic partner or a spouse but America Act only forces to commit recently. a stranger who is doing the harass- Now we have the situation in which now to deploy a national missile de- ment, it will also provide protection if fense system by the year 2003. The you have the stalking in one State, the a person crosses State lines to do that. person moves to another State, and choice of what type of system is left up Mr. President, I hope it is not too to the Secretary of Defense who will they do not have the coverage in the late tonight. I would like to see this other State because the actual harass- report back to the Congress on the re- bill cleared because it is important. It quirements for an effective ballistic ment was in the first State and when it is the right thing. It is bipartisan and happened in the second State you had missile defense system. And making a I think there may be something on the decision to go forward with missile de- to establish it. The Interstate Stalking other side that could easily be worked Act will make it a Federal crime to fense now will not, as the President ar- out. gued yesterday, lead to America de- cross State lines to do the State crime I just ask my colleagues on the ploying an obsolete system. of stalking. It does not make stalking Democratic side of the aisle to expedite The programs we currently have in a Federal crime, but it does make this. We might save a life and it would development can serve as the building crossing State lines to do it, when it is be worth it. blocks for a system that meets the a crime, a crime. That would give pro- The PRESIDING OFFICER. The ma- missile threat as it emerges. Further- tection to the woman who moved from jority leader. more, as with the procurement of any California to Florida. It will give pro- f weapons system, moving from develop- tection to more of the people who have DEFEND AMERICA ACT ment to deployment requires lead had the terrorizing experience of being time. You cannot do it in a week or a constantly barraged by threats from Mr. DOLE. Mr. President, yesterday year or 18 months. It does not happen another person. Many people in public President Clinton acknowledged—be- overnight. The President’s assertions life have had this experience. It is a latedly—that the post-cold-war era pre- contradict those of his own Secretary scary thing to happen. To live in fear sents us with new national security of Defense, who recently stated that most of the time, or some of the time, challenges. He stated, ‘‘The end of com- these technologies ‘‘would be quite ca- is something we do not have to put up munism has opened the door to the pable of defending against the much with in our society. spread of weapons of mass destruction smaller and relatively unsophisticated This is a bill that passed unani- * * *.’’ Unfortunately, while the Presi- ICBM threat that a rogue or a terrorist mously in the House a couple of weeks dent is finally willing to recognize the could mount any time in the foresee- ago. It was passed out of the Judiciary threat posed by the proliferation of able future.’’ Committee today on a very bipartisan weapons of mass destruction, he re- That is the Secretary of Defense. basis. I thank Senator HATCH and Sen- mains unwilling to seriously respond to I would like to address the issue of ator BIDEN for expeditiously having it—with progress, as opposed to pro- cost. There has been quite an uproar hearings on this bill and putting it nouncements—on national missile de- about a Congressional Budget Office es- through the committee. Now I am very fense. timate of the cost of deploying a na- concerned because I thought this would Most Americans do not know—let me tional missile defense system pursuant be a bill that would not cause any underscore—most Americans do not to the Defend America Act. The CBO problem and I would, of course, like to know that the United States has no de- stated that total acquisition costs for see it go through tonight because I fense against ballistic missiles. If you the year 2010 would range from $31 bil- think the President will sign this bill. were to ask the average American, in lion to $60 billion, if such a system I think the President is going to see fact to ask anybody in this Chamber largely consists of advanced space- the need for this bill. I think if he can unless they are on the Armed Services based components. However, the De- sign it before we come back from the Committee, they might not know. If fend America Act does not specify any Memorial Day recess, that that might you were asked a question, ‘‘If a mis- required components of a national mis- save a life. It might save a victim from sile, an incoming missile was headed sile defense system to include space- being harassed. It really might help a toward Chicago, what should the Presi- based components. On the other hand, victim. If it helps one victim in this dent of the United States do?’’ and the the CBO says that a ground-based sys- country, then why not do it? people will tell you in these little focus tem with upgraded space-based sensors May 23, 1996 CONGRESSIONAL RECORD — SENATE S5627 would run around $14 billion. Section 4 I believe the number one responsibil- night. I ask that they do everything of the Defend America Act states: ity this Government has to its citizens possible to see if tomorrow, when we The Secretary of Defense shall develop for is to provide them with protection. are in session, if we can do what is nec- deployment an affordable and operationally That is what the Defend America Act essary to clear this bill. It could really effective national missile defense system is all about. make a difference if we can pass it to- which shall achieve initial operational capa- So, again, let me repeat the question: morrow, even if there is an amendment bility by the end of 2003. If you had an incoming ballistic mis- and we need to have that cleared with The decision on what is affordable sile and you ask somebody in my State the House, if it is a sincere amend- and effective is left up to the Secretary or any State, What should the Presi- ment. I would certainly like to work of Defense. What I would like to know dent do, they would say, ‘‘Shoot it with the other side to put that on and is how CBO estimated a national mis- down.’’ And your response would have try to get it cleared by the House next sile defense system whose components to be, ‘‘We cannot. We have no de- week so we can pass this expeditiously. are unknown. It seems to me that the fense.’’ It really might make the difference CBO approach was somewhat like a I suggest those who say it is a decade for a victim in this country who has family deciding they are going to buy a away go back and look at some of the had no remedy. It really might make house and being told by a real estate predictions made in the past. I believe life better for some child who is a vic- agent that it will cost them anywhere we have that obligation. When we talk tim who has no remedy. Mr. President, between $40,000 to $4 million. That is about the cost, $14 billion is a lot of I think it is incumbent on us to be sin- the range. money, but so would be the human cost cere in our efforts when we are dealing That is true, houses come in many and any added cost if some rogue state with something that is clearly biparti- prices. There are two-bedroom homes or some accidental launch directed a san. I do not think that it should be and then there are the mansions and missile toward the United States. held up unless there is a very good rea- the couple’s decision would come down UNANIMOUS CONSENT REQUEST—S. 1635 son. to what they need and what they can Most of the Senate has looked at this afford. Those are the same guidelines Mr. DOLE. I now ask unanimous consent that the Senate turn to the con- bill. The Judiciary Committee passed we need to use here. What does the it very easily. It passed unanimously in United States need to protect its citi- sideration of calendar No. 411. The PRESIDING OFFICER. Is there the House, and I just hope whoever has zens, and how can it best be done and a hold on this bill will let it go. It is a how can we achieve this protection in objection? Mr. DORGAN. Mr. President, I ob- good bill, it is a simple bill, and the an affordable manner? timing really could make the dif- Outlining these estimates are a good ject. ference in someone’s life in this coun- way to avoid a serious debate on a The PRESIDING OFFICER. Objec- try. It would be worth it if we could most serious issue. The American peo- tion is heard. clear it tomorrow. ple deserve better, because we are talk- Mr. DOLE. Let me identify that as S. 1635, the ‘‘Defend America’’ bill. Thank you, Mr. President. ing about the safety and security of Mr. THURMOND addressed the Chair. their children and their grandchildren f The PRESIDING OFFICER. The Sen- and themselves. ator from South Carolina. You would not know, if you follow CLOTURE MOTION f some of the press coverage of this Mr. DOLE. Mr. President, I now move issue, that the cold war is over. to proceed to S. 1635 and send a cloture THE DEFEND AMERICA ACT OF We do not need a so-called space motion to the desk. 1996 shield to defend against an attack of The PRESIDING OFFICER. The clo- Mr. THURMOND. Mr. President, I am thousands of missiles. We do, however, ture motion having been presented proud to be a principal cosponsor of the need to defend the American people under rule XXII, the Chair directs the Defend America Act of 1996. This legis- against the much more limited threat clerk to read the motion. lation will fill a glaring void in United of an accidental launch or an attack by The legislative clerk read as follows: States national security policy by re- rogue and terrorist regimes, such as CLOTURE MOTION quiring the deployment of a national North Korea and Iran, who are acquir- We, the undersigned Senators, in accord- missile defense system by 2003 that is ing a limited, but deadly, capability to ance with the provisions of rule XXII of the capable of defending the United States deliver weapons of mass destruction Standing Rules of the Senate, do hereby against a limited, accidental, or unau- with ballistic missiles. move to bring to a close debate on the mo- thorized ballistic missile attack. As President Clinton’s former Direc- tion to proceed to Calendar No. 411, the ‘‘De- Mr. President, ironically, most tor of Central Intelligence testified, fend America’’ bill: Bob Dole, Strom Thurmond, John War- Americans already believe that we the threat of ballistic missiles is grow- have such a system in place. This as- ing and the administration is not ad- ner, Trent Lott, Bob Smith, Rick Santorum, Jesse Helms, Kay Bailey sumption is understandable since, dressing this frightening reality. This Hutchison, Dan Coats, Dirk under the Constitution, the President’s is President Clinton’s former Director Kempthorne, John McCain, Jon Kyl, first responsibility is to provide for the of the CIA. Pete V. Domenici, Bill Cohen, Lauch defense of the American homeland. Un- In his testimony before the House Faircloth, Ted Stevens. fortunately, the current President has National Security Committee, James Mr. DOLE. Mr. President, I ask unan- decided that this obligation is one that Woolsey stated: imous consent that the cloture vote can be indefinitely delayed. In my Ballistic missiles can, in the future they occur at 2:15 p.m. on Tuesday, June 4, view, the time has come to end Ameri- increasingly will, be used by hostile states and that the mandatory quorum under for blackmail, terror, and to drive wedges be- ca’s complete vulnerability to ballistic tween us and our allies. It is my judgment rule XXII be waived. missile blackmail and attack. that the administration is not currently giv- The PRESIDING OFFICER. Is there The President and his supporters in ing this vital problem the proper weight it objection? Without objection, it is so Congress have argued that there is no deserves. ordered. threat to justify deployment of a na- Through budgetary scare tactics and Mrs. HUTCHISON addressed the tional missile defense system. This is skewed analysis, the administration is Chair. simply not true. The political and mili- trying to confuse this issue and avoid The PRESIDING OFFICER. The Sen- tary situation in the former Soviet answering the central question of ator from Texas. Union has deteriorated, leading to whether or not the American people f greater uncertainty over the control should be protected. By seeking to pro- and security of Russian strategic nu- ceed to the Defend America Act today, INTERSTATE STALKING clear forces. China’s recent use of bal- I hope to move beyond rhetoric and Mrs. HUTCHISON. Mr. President, I listic missiles near Taiwan, and veiled misinformation to a serious debate on have just been informed that the threats against the United States, a critical matter affecting the future Democratic side is not going to be able clearly demonstrates how such missiles security of all Americans. to clear the interstate stalking bill to- can be used as tools of intimidation S5628 CONGRESSIONAL RECORD — SENATE May 23, 1996 and blackmail. North Korea is develop- tional missile defense system might In my view, those who assert that we ing an intercontinental ballistic mis- jeopardize the START II Treaty. But cannot afford an NMD system have sile that will be capable of reaching the the Missile Defense Act of 1991 was simply gotten their priorities wrong. United States once deployed. Other signed into law at the same time that With an annual defense budget of $260 hostile and unpredictable countries, negotiations on the START I Treaty billion to $270 billion, it is irrespon- such as Libya, Iran, and Iraq, have were being concluded. Indeed, at the sible to argue that we should not spend made clear their desire to acquire mis- same time that START I was being fi- $1 billion per year on the defense of the siles capable of reaching the United nalized, Russian President Yeltsin pro- American homeland. States. The technology and knowledge posed that the United States and Rus- Mr. President, let me conclude by to produce missiles and weapons of sia cooperate on a ‘‘Global Defense saying that the Defend America Act of mass destruction is available on the System’’. I find it hard to believe that 1996 is balanced and timely legislation. open market. anything in the Defend America Act I understand that opponents of this It is also important to bear in mind would jeopardize START II any more legislation do not want to allow the that a national missile defense system than the Missile Defense Act of 1991 Senate to vote on this issue. But the can actually discourage countries from jeopardized START I. Those who make President will not be able to hide from acquiring long-range missiles in the this assertion are simply giving Rus- it. If the President’s allies in the Sen- first place. In this sense, we should sian opponents of START II another ate stand in the way of a vote on the view national missile defense as a pow- excuse to oppose the agreement. Defend America Act to protect him erful non-proliferation tool, not just Mr. President, opponents of the De- from having to sign or veto this legis- something to be considered some time fend America Act have also argued lation, the American people will none- in the future as a response to newly that it would lock us into a techno- theless know who stands for their de- emerging threats. logical dead end; that in 3 years we The policy advocated in the Defend fense and who does not. may have better technology available Mr. President, I yield the floor. America Act of 1996 is virtually iden- to do the job. The fact is that there are f tical to that contained in the fiscal no technologies in development other year 1996 defense authorization bill, than those identified in the Defend DEFEND AMERICA ACT INCREASES which was passed by Congress and ve- America Act. The Administration’s so- NUCLEAR THREAT toed by the President. Like the legisla- called ‘‘three-plus-three’’ national mis- Mr. LEVIN. Mr. President, while the tion vetoed by the President, the De- sile defense plan relies on the exact fend America Act of 1996 would require stated intent of the so-called Defend same technologies that would be em- America Act is to reduce the threat of that the entire United States be pro- ployed if the Defend America Act were tected against a limited, accidental, or nuclear missiles to the United States, passed. The only difference is that in fact, the Defend America Act, so- unauthorized attack by the year 2003. under the Defend America Act, devel- It differs from the vetoed legislation in called, will actually increase that opment of those technologies would be threat. Its passage would actually that it provides the Secretary of De- accelerated. Once again the Adminis- fense greater flexibility in determining make us less secure. It should be re- tration and its congressional allies are the precise architecture for the system. named the Make America Less Secure just making excuses for not getting on The Defend America Act of 1996 urges Act, rather than the Defend America the President to begin negotiations to with the business of defending Amer- Act. amend the ABM Treaty to allow for de- ica. Do we want defenses? Of course. The Mr. President, the last issue I want ployment of an effective system. But it issue is not do we want to defend. The to deal with is the question of cost. We also recommends that, if these negotia- issue is, against what threats? What have heard some rather careless assertions fail to produce acceptable amend- threats do we create in the process of tions made about the cost of the De- ments within 1 year, Congress and the deploying defense? At what price? fend America Act. It is true that if the President should consider withdrawing What resources do we deny ourselves Secretary of Defense decided to deploy the United States from the ABM Trea- for other threats that may be more a constellation of space-based lasers, a ty. Nothing in this legislation, how- real? constellation of ‘‘Brilliant Pebbles’’ ever, requires or advocates abrogation This is not simply the Republican space-based interceptors, a constella- or violation of the ABM Treaty. leadership of the Congress—Senator tion of ‘‘Brilliant Eyes’’ space-based Mr. President, it is important to DOLE, Speaker GINGRICH and others— sensors, and 300 or 400 ground-based point out that in 1991, Congress ap- versus President Clinton. In support of interceptors at multiple sites the cost proved, and the President signed, the President Clinton’s position are the could be as high as $60 billion over the Missile Defense Act of 1991, which es- Joint Chiefs of Staff, the Chairman of next 15 to 20 years. But Mr. President, tablished policies similar to those ad- the Joint Chiefs of Staff, and the De- under the Defend America Act, the vocated in the Defend America Act of fense Department. Secretary of Defense could also select a 1996. Like the Defend America Act, the Now, this is the letter which General more modest deployment that could be Missile Defense Act of 1991 called for Shalikashvili wrote to Senator NUNN achieved for $5 to $10 billion. The Air deployment of an initial national mis- relative to this bill. He said in this re- Force and the Army both have devel- sile defense system by a date certain gard: and provided for a follow-on system. oped such low-cost proposals. Accord- ing to the Congressional Budget Office, . . . efforts which suggest changes to or Both also urged the President to begin withdrawal from the ABM Treaty may jeop- negotiations to amend the ABM Trea- a system consisting of 100 ground-based ardize Russian ratification of START II and, ty. interceptors, four new ground-based ra- as articulated in the Soviet Statement to Although there are clear differences dars and a constellation of Brilliant the United States of 13 June 1991, could between the Defend America Act of Eyes sensors would cost approximately prompt Russia to withdraw from START I. I 1996 and the Missile Defense Act of $14 billion over the next 6 years. am concerned that failure of either START 1991, I believe that these similarities These are clearly affordable costs initiative will result in Russian retention of are worth pointing out. A number of when compared with the costs associ- hundreds or even thousands more nuclear my colleagues on the other side of the ated with other major items in the de- weapons, thereby increasing both the costs and risks we may face. aisle are now saying that they oppose a fense budget. An entire national mis- policy to deploy by a date certain. But sile defense system could be acquired He continues: this is what we did in the 1991 Act. Sev- for less than an additional 20 B–2 bomb- We can reduce the possibility of facing eral of these same Senators now also ers. The cost would be about the same these increased cost and risks by planning [a seem to be opposed to any amendments for the Corps SAM theater missile de- national missile defense] system consistent fense system, which the administration with the ABM treaty. The current National to the ABM Treaty, even though the Missile Defense Deployment Readiness Pro- 1991 Act clearly urged to the President strongly supports even though we al- gram, which is consistent with the ABM to negotiate such amendments. ready have four core theater missile treaty, will help provide stability in our Mr. President, it has been asserted defense systems in development to pro- strategic relationship with Russia as well as that a commitment to deploy a na- tect forward deployed forces. reducing future risks from rogue countries. May 23, 1996 CONGRESSIONAL RECORD — SENATE S5629 So the conflict that exists here is be- so that they cannot again threaten any threat. And there have been efforts to tween the congressional Republican nation, would also be put at risk. Nego- smuggle nuclear weapon materials leadership on the one hand and Presi- tiations for a comprehensive test ban from facilities in the former Soviet dent Clinton, the Joint Chiefs of Staff, treaty to outlaw all nuclear weapon Union. It is probably no harder to and the Defense Department on the tests and help prevent the development smuggle nuclear materials or weapons other hand. Of course, there are sup- of new nuclear weapons would be de- into the United States than to smuggle porters of each of those two leadership layed. Russian ratification of the drugs. We have very few efforts under- groups. That is the contrast here. We Chemical Weapons Convention would way to halt that deadly enterprise. have the Joint Chiefs of Staff and the be sidelined. So, instead of eliminating Less than 20 pounds of plutonium could Defense Department that have adopted, the world’s largest stockpile of chemi- make a bomb which could destroy an with the administration’s support, a cal weapons, Russia could leave its American city. Mr. President, 20 National Missile Defense Deployment chemical weapons in place. pounds of very easily transportable Readiness Program. With this so-called This bill could relegate other impor- plutonium can destroy a city. Yet the Three-plus-Three program, we would tant cooperative security arrange- proposal before us is to spend tens of develop the system in 3 years and then, ments with Russia to the scrap heap. billions of dollars against threats depending on the threat, depending on The PRESIDING OFFICER. The time which are uncertain, which the intel- the cost, depending on the situation of the Senator has expired. ligence experts say has not material- that exists, we would then decide Mr. LEVIN. I ask unanimous consent ized and is unlikely to materialize in whether to deploy, and could deploy for an additional 2 minutes. the next 15 years, at the same time within 3 years of that decision. Mr. WARNER. I see no objection to that we are underfunding needed de- That is the Defense Department posi- that. fenses against real threats such as the tion. That is the Joint Chiefs of Staff The PRESIDING OFFICER. Without terrorist threat using chemical weap- position. That is the administration objection, it is so ordered. ons. position: not a commitment now to de- Mr. LEVIN. There are other impor- At best, the Dole-Gingrich crash pro- ploy prematurely and unilaterally, tant cooperative security arrange- gram would only counter a handful of which would jeopardize our relation- ments with Russia that we have built foreign missiles—less than the number ship with Russia and undermine our de- upon and we have created. We have contained on a single Russian sub- termination that they live up to built, finally, some trust and some con- marine. Alternatively, some 50 Russian START I and START II. Such a posi- fidence between our two militaries. Our submarines and their missiles would be tion, as is in this bill, would play right Defense Department does not view Rus- eliminated outright if the START I and into the hands of those supernational- sia as an adversary, but as a partner in II treaties are implemented. It is clear ists and jingoists in Russia who right cooperative security. Take a look at which approach is more reliable and now are running for President of that what is happening in Bosnia, where we cost-effective. country. have Russian soldiers under U.S. com- By committing to build a system by This is the worst time to be introduc- mand in the implementation force. 2003 the Defend America Act also ing this kind of legislation. This is not Take a look at what has happened with locks-in the least capable technology. just me saying this. I am not alone in the United States and Russian de- The result would be a very ‘‘thin’’ sys- saying or suggesting this. It is not just targeting of our nuclear missiles, tem, according to the Pentagon. Why Senator LEVIN from Michigan who is where no longer are missiles on either lock ourselves into such technology doing it. It is the Joint Chiefs of Staff side targeted on the other’s nations. prematurely when the threat may who are saying: do not do anything If we threaten unilaterally to violate eventually demand better technology? unilaterally to undermine the ABM the ABM Treaty, as the Defend Amer- Our intelligence agencies estimate no Treaty, because by doing so Russia has ica Act does, it could play right into new countries will build missiles able informed us that they will no longer the hands of those in Russia who want to reach the continental United States comply with START I and will not rat- to return to a hostile relationship. By for 15 years. The risk of a missile ify START II. They tell us the result— committing to build the system, by launched against the United States is and now I quote—‘‘with the result that making that commitment now to build already drastically deterred by the Russia would retain hundreds or even a system by the year 2003, the Defend guarantee of prompt and devastating thousands more nuclear weapons, America Act also locks us into possibly retaliation. thereby increasing both the costs and the least capable technology. Let’s look at the price tag. The ‘‘De- risks we may face.’’ That is another thing that the Penta- fend America Act’’ says, in essence, That is the issue before the Senate. gon is not agreeing with. They want to ‘‘build a system by 2003, whatever the Do we want to precipitate that kind of develop the technology and, if and cost.’’ When asked about the system’s action on the part of Russia by a pre- when a decision needs to be made, to cost, Senator DOLE admitted igno- mature, unilateral decision that we are utilize the best technology that is rance. CBO estimates that just buying going to deploy a system which is in- available. this system will cost between $31–$60 consistent with a critical security The Defense Department’s missile de- billion. If the Administration requested agreement between ourselves and Rus- fense program, which is also the ad- money for a new weapon system with sia? It was the wrong time to do it last ministration’s missile defense pro- no blueprint and no idea of the cost, year and, after much effort, we avoided gram, the so-called three-plus-three Congress would flatly reject it. It it. It is particularly the wrong time to plan, will develop missile defense tech- should do so with the Dole-Gingrich do it this year because there will be an nology that will permit a deployment bill. election going on in Russia in the next decision as soon as 3 years, and then 3 If we pour money into premature few weeks. This bill will be seized upon years thereafter, if there is a threat missile defenses, resources will be lack- by people in Russia who do not believe that warrants the deployment, and if ing for other defense efforts that im- in START I, who do not want to ratify the military capability of that system prove our security. To deal with secu- START II. It will be seized upon by is such that it is effective, and if the rity threats to the U.S. we must exer- them as evidence for why they should cost is such that it justifies the advan- cise cooperative threat reduction, non- not ratify START II. That is the fear tage to us, then we can deploy the sys- proliferation and arms control efforts. that General Shalikashvili has set tem. And because the threat is esti- We must also maintain our conven- forth. mated to be 15 years away, we can con- tional military forces sufficient to dis- Now, in addition, this legislation will tinue to develop the technology to suade any nation from using weapons threaten a number of international se- make it as effective as possible. of mass destruction against us. curity efforts besides the START trea- Mr. President, we have threats now Our strategy to secure the U.S. ties. The so-called Nunn-Lugar, or co- with terrorists acquiring and using against weapons of mass destruction operative threat reduction program, chemical weapons. It happened in the demands balance. Supporters of the which helps to secure, store, and dis- Tokyo subway, and it could happen Dole-Gingrich legislation are looking mantle former Soviet nuclear warheads here in this country. That is a real backwards at a non-existent Soviet S5630 CONGRESSIONAL RECORD — SENATE May 23, 1996 Union instead of looking forward to this country today to interdict an the Defense Department’s position in meeting the real emerging threats to intercontinental ballistic missile, or favor of the National Missile Defense our national security. indeed a short-range ballistic missile. I Readiness Program, which will address Finally, I ask unanimous consent, ask my distinguished colleague this. the threat the Senator talks about, is Mr. President, that the letter from We have no security, so how can we be that they will then be in a position to General Shalikashvili to Senator NUNN less than what I view is zero today? use the best technology available and be printed in the RECORD. Mr. LEVIN. Well, we do have some not commit themselves prematurely to There being no objection, the letter missile defense against the short-range deploy a system that may be an infe- was ordered to be printed in the missiles, as my good friend from Vir- rior technology. RECORD, as follows: ginia knows. We are trying to improve Mr. WARNER. Mr. President, I lis- CHAIRMAN OF THE those defenses. That is an effort that I tened carefully as my colleague from JOINT CHIEFS OF STAFF, think almost all Senators support, Michigan recited his argument. But I Washington, DC, May 1, 1996. which is the defense against those come back to his opening statement Hon. SAM NUNN, short-range missiles that provide the that this would make us ‘‘less secure.’’ U.S. Senate, Committee on Armed Services, Washington, DC. real threat that those rogue countries We have nothing from which to go to a DEAR SENATOR NUNN: In response to your indeed have. We have the Patriot mis- lesser security today, in terms of our recent letter on the Defend America Act of sile capability, the anti-missile capa- ability tomorrow or tonight to inter- 1996, I share Congressional concern with re- bility, and are trying to improve that, dict a stray, unintentional missile, or gard to the proliferation of ballistic missiles for which our committee funded the ef- indeed one fired by a terrorist at the and the potential threat these missiles may forts. We are seeking defenses against United States. Can we agree on that present to the United States and our allies. those theater short-range missiles that point? My staff, along with the CINCs, Services and the Ballistic Missile Defense Organization provide the real threats. Mr. LEVIN. No. We can, I hope, agree (BMDO), is actively reviewing proposed sys- If I can complete my answer, on the on this. If, in fact, our commitment to tems to ensure we are prepared to field the long-range missile, the question is two- deploy a system now causes Russia not most technologically capable systems avail- fold—— to ratify START II, or to pull out from able. We also need to take into account the Mr. WARNER. If I can interrupt, I START I, leaving her with thousands parallel initiatives ongoing to reduce the will first respond, and then I would ap- of additional warheads that she other- ballistic missile threat. preciate it if we could continue. I am wise would have gotten rid of, it will In this regard, efforts which suggest fully aware of the Patriot system. As a changes to or withdrawal from the ABM indeed make us less secure. That is Treaty may jeopardize Russian ratification matter of fact, I am the chairman of why this bill should be called the Re- of START II and, as articulated in the Soviet the subcommittee, and my distin- duce America’s Security Act of 1996— Statement to the United States of 13 June guished colleague from Michigan is the because the commitment to deploy this 1991, could prompt Russia to withdraw from ranking member and, indeed, we work defense prematurely will, in the view of START I. I am concerned that failure of ei- on that together. We recognize that General Shalikashvili and the Joint ther START initiative will result in Russian those short-range systems, the Patriot, Chiefs, who share his view, cause Rus- retention of hundreds or even thousands have to be deployed to the region. sia to pull out from START I, not to more nuclear weapons thereby increasing Theoretically, they cannot run all over both the costs and risks we may face. ratify START II, and that will make us We can reduce the possibility of facing the United States. So a rogue attack, if less secure. these increased cost and risks by planning an it could be mounted, with a short- Mr. WARNER. Now, Mr. President, it NMD system consistent with the ABM trea- range theater missile somehow against is obvious that we are not going to ty. The current National Missile Defense De- the continental units of the United come to closure on that point. But we ployment Readiness Program (NDRP), which States is dependent on the ability to have each made our positions. is consistent with the ABM treaty, will help quickly deploy from what few locations The PRESIDING OFFICER. The provide stability in our strategic relation- we have in that system to some other ship with Russia as well as reducing future Chair informs the Senators that under risks from rogue countries. part of the United States. the rules we are operating by, there are In closing let me reassure you, Senator To me, that is highly impractical. five minutes for morning business. NUNN, that I will use my office to ensure a That is theoretical. Putting that aside, Does the Senator wish to ask for addi- timely national missile defense deployment let us agree, I hope, that the United tional time? decision is made when warranted. I have dis- States does not have any indigenous Mr. WARNER. The chairman has put cussed the above position with the Joint ability to defend against an interconti- in a request that we have more time. I Chiefs and the appropriate CINCs, and all are nental missile, albeit fired by mistake, ask unanimous consent that we may in agreement. fired by a terrorist organization, or Sincerely, proceed for a period in the colloquy of JOHN M. SHALIKASHVILI, perhaps intentionally, against Alaska another 3 or 4 minutes, and then the Chairman of the Joint Chiefs of Staff. or Hawaii, from say, Russia or China. Senator from Virginia will close with a Mr. LEVIN. I close, finally, with the Am I not correct on that? set of remarks of his own. last line of General Shalikashvili’s let- Mr. LEVIN. The Senator’s question The PRESIDING OFFICER. Without ter: ‘‘I have discussed the above posi- raises the exact reason why the De- objection, the Senator from Virginia is tion with the Joint Chiefs and the ap- fense Department has adopted the Na- recognized to engage in a colloquy, fol- propriate CINCs, and all are in agree- tional Missile Defense Deployment lowing which the Senator from Vir- ment.’’ Readiness Program, which will put us ginia is recognized for 5 minutes for I thank the Chair and yield the floor. in a position, in 3 years, hopefully, morning business. Mr. WARNER. Mr. President, I ask where we can make a decision as to Mr. WARNER. I thank the Chair. the chairman of the Armed Services whether or not—those are the key I say this to my good friend. I, with Committee if I may have 5 minutes words, ‘‘whether or not’’—to deploy the modesty, mention the fact that in the within which to proceed. kind of defense which the Senator has period when the ABM Treaty was nego- Mr. THURMOND. The able Senator just described, without committing us tiated, I was privileged to be serving in from Virginia can have 25 minutes if he now to do so for two reasons. The two the Department of Defense and, more wants to. I am very pleased to hear reasons are that we do not want to specifically, under the Secretary of the him speak. make a commitment now, according to Navy. I followed the preparations and Mr. WARNER. Mr. President, I will our Chairman of the Joint Chiefs, to the negotiations for the ABM Treaty. inquire of my distinguished colleague deploy a system which could under- Mr. President, it was my privilege to from Michigan, before he departs the mine the ABM Treaty, which, in turn, accompany the President of the United floor. I ask my colleague from Michi- would then cause Russia not to reduce States and the Secretary of State and gan this. The Senator’s opening state- the number of warheads that she has our chairman to Moscow in May of ment was that we should call this bill and could cause Russia not to ratify 1972. My principal responsibility was to ‘‘less secure.’’ START II. It is in the interest of this conclude the negotiation of the Inci- Mr. President, my understanding is country that Russia ratify the START dents at Sea Treaty, on which I have that we have absolutely no ability in II Treaty. The other reason given for been the principal negotiator, and to be May 23, 1996 CONGRESSIONAL RECORD — SENATE S5631 the signatory on behalf of the United I rise today to join my colleagues in away. Several important qualifications States on that Executive agreement supporting this crucial legislation to must be highlighted. First, that intel- with the Soviet Union and with the So- protect the American people from the ligence assessment was carefully craft- viet Navy. very real threat of long-range ballistic ed to consider only threats to the con- Mr. LEVIN. A landmark agreement it missile attack. I find it curious that tinental United States—not Alaska and was. the day after President Clinton made Hawaii. The threat to Alaska, in par- Mr. WARNER. It is still in effect headlines by claiming that he supports ticular, from a long-range ballistic today, although modified. It is a living a National Missile Defense System, the missile currently under development Executive agreement, in a sense. Democrats in the Senate are prevent- by North Korea is real and near-term. Departing from that and going back ing the Senate, as the distinguished Also, that 15-year scenario is based on to the ABM Treaty, I remember re- chairman stated, from even debating the assumption that rogue nations will viewing this at that time and in the and considering a bill that would pro- develop their missiles indigenously— past 2 or 3 years in the course of the vide for such a system. without foreign help. We all know that debates. Those that were present at It was timely, in my judgment, for these nations are receiving substantial that time were clearly of one mind this debate because the interest of the foreign assistance for their weapons de- that that treaty was never designed to American people have been drawn to velopment programs. Such assistance apply to the short-range theater sys- the fact that we do not have a defense will substantially accelerate the tems. I might ask, does my distin- against an accidental or unintentional threat. guished colleague concur in that? firing of a long-range strategic ballis- We should not be lulled into a sense Mr. LEVIN. I do indeed, and that is tic missile. That, I think, is agreed on of complacency by such reports. Re- why we are developing theater sys- by all. member the assessments we received tems. During his speech yesterday at the just prior to the Gulf War—Iraq was Mr. WARNER. Fine. Well, that is my Coast Guard Academy, President Clin- supposed to be least 5 years away from concern. This ABM treaty has indeed, ton made a series of points on national a nuclear weapons capability. After in my judgment, impeded the unfet- missile defense. Let us examine care- Desert Storm, and the U.N. inspec- tered, unrestrained technical knowl- fully his assertions. tions, we were shocked to learn the edge that this country has available to The President begins by talking true extent of the advancements in the devise means for a defense of the short- about theater missile defense: ‘‘Our Iraqi nuclear program range systems. I just wanted to put first priority is to defend against exist- A focus on the threat from rogue na- that point alongside the points of my ing or near-term threats, like short- tions also ignores the substantial mili- distinguished colleague from Michigan. and medium-range missile attacks on tary capabilities both Russia and That concludes my inquiry. Mr. LEVIN. If I could comment brief- our troops in the field or our allies.’’ China—both nations with interconti- ly on that, I do not think the Defense So far, I concur. This is also the prior- nental missiles capable of reaching our Department or the Joint Chiefs would ity that Republicans established years shores. We all know of the threats the agree that we have been constrained in ago, in the wake of the Persian Gulf Chinese made during the recent stand- the development of the short-range war. On trips to that theatre during off with Taiwan. They correctly know systems, the so-called ‘‘theater sys- that war I saw the destruction of Iraq’s that the United States is currently de- tems.’’ We are proceeding apace with use of the scud. I experienced with fenseless against ICBM attack. And the those systems, and I think we have other Senators, a scud attack on Tel President may take comfort in the been assured by the Defense Depart- Aviv on February 18, 1991. It impacted Russian promise that they are no ment that not only would we agree a considerable distance from where we longer targeting the United States. But that the ABM Treaty does not cover were at the Defense Ministry Building. we all know that—even if this rep- the short-range or theater systems, but The President then continues, ‘‘And resentation is true—retargeting is a that the Defense Department does not we are, with upgraded Patriot missiles, relatively quick and easy thing to feel that the ABM Treaty has con- the Navy Lower and Upper Tier and the change. I would prefer us to rely on strained that development. Article 6 of Army THAAD.’’ What are the facts? limited U.S. defenses, rather than Rus- the treaty was written, however, very The facts are that the administration’s sian promises, for our security. expressly to prevent each nation from recent BMD Program Update Review In criticizing the Defend America turning non-ABM systems into ABM shifted the focus of TMD efforts to Act, the President claims that ‘‘They systems. That was also part of the point defense systems (Patriot PAC-3 have a plan that Congress will take up treaty which was ratified. and Navy Lower Tier) at the expense of this week that would force us to choose Mr. WARNER. Mr. President, I would the more promising and capable area now a costly missile defense system simply close this debate with the ob- wide systems (THAAD and Navy Upper that could be obsolete tomorrow. The servation that my criticism is not di- Tier). As a result of this review, $2 bil- Congressional Budget Office estimates rected at President Clinton but, indeed, lion was stripped from the THAAD pro- that this cost will be between $30 and to a succession of Presidents who have gram over the FYDP; and the Navy $60 billion.’’ The facts? The Defend laid down, should we say, a framework Upper Tier program remains little America Act does not specify a particu- within which our scientists, research more than a science project—with no lar architecture for a national missile and development, and others have been acquisition or deployment strategy. defense system—it simply says that contained. And, if you look carefully at These actions were taken despite last the United States should have a highly the assertions by the chairman and year’s clear legal requirements to ac- effective system to defend against lim- others, yes, we have not limited them celerate both programs. Once again, ited, accidental or unauthorized ballis- within that framework. But I take the the Armed Services Committee has had tic missile attacks. There is nothing position that the framework should to come to restore both of these pro- new here. This is technology that we never have been laid down in the first grams—adding almost $500 million to have been investing in—to the tune of place predicated on the ABM Treaty in the administration’s inadequate re- $38 billion—since the early 1980s. We the short-range missile defense sys- quest in the Senate bill. are simply saying that the time for tems. That never should have applied Next, the President addresses the ‘‘science projects’’ is over, the time has to any of our research and development threat: ‘‘The possibility of a long-range arrived to turn this technology into a as components for a defense against intercontinental missile attack on deployed system that will protect short-range attack. American soil by a rogue state is more Americans. f than a decade away.’’ I say wrong Mr. Weapons development programs—on President. The President and many of average—take a decade from start to DEFEND AMERICA ACT our Democrat colleagues are relying on finish. As technology advances, those Mr. WARNER. Mr. President, I would a recent intelligence community as- advancements are incorporated into like to turn to the legislation at hand sessment which reportedly claims that the weapons. Why should NMD be any which was addressed by the distin- the threat of ballistic missile attack different—why does the President guished chairman of the committee. against the United States is 15 years think that an NMD system would be S5632 CONGRESSIONAL RECORD — SENATE May 23, 1996 ‘‘obsolete’’ by the time it is deployed in President to negotiate changes to that proceed to the immediate consider- the year 2003? There is no basis for such Treaty to allow for the deployment of ation of Senate Resolution 256 submit- a claim. an effective NMD system. I should ted earlier today by Senators DOLE and Concerning the CBO cost study, the point out to my colleagues that the DASCHLE. $30 to $60 billion range the President ABM Treaty—a 25-year old agreement The PRESIDING OFFICER. The refers to represents the high end of the with the Soviet Union—was never in- clerk will report. CBO’s conclusions. According to the tended to be a static agreement. The The assistant legislative clerk read study, a NMD system capable of pro- Treaty itself includes provisions for as follows. tecting the United States could be de- amendments—and, in fact, the Treaty A resolution (S. Res. 256) to authorize the veloped and deployed for less than $14 has been amended over the years. Why, production of records by the Select Commit- billion over the next 13 years—or about all of a sudden, is the Treaty now not tee on Intelligence. a billion dollars a year. This is a rel- amendable? The PRESIDING OFFICER. Is there atively smaller cost—less than 1⁄2 of 1 I firmly believe that Americans here objection to the immediate consider- percent of the DoD budget—to protect at home and U.S. troops deployed over- ation of the resolution? the United States from attack. seas should be protected by highly ef- There being no objection, the Senate proceeded to consider the resolution. I should also point out that other fective missile defenses as soon as is Mr. DOLE. Mr. President, the Select cost estimates—these coming from the technologically possible. Committee on Intelligence has received administration—are much lower than f CBO’s. For example, the Air Force has a request from the Office of the Inspec- said that it would cost only $2.5 billion ORDER OF PROCEDURE tor General of the Central Intelligence Agency for copies of committee records to deploy such a system; and the Army Mr. WARNER. I know the Chair and relevant to the Inspector General’s estimates a cost of $5 billion. others are anxious to conclude the pending inquiry into the Zona Rosa The President states: ‘‘Those who matters before the Senate tonight. I massacre of six American citizens in El want us to deploy this system before am prepared to assume the role of act- we know the details and the dimen- Salvador in 1985. ing leader and have the concluding re- Mr. President, this resolution would sions of the threat we face I believe are marks for tonight. authorize the Chairman and Vice wrong. I think we should not leap be- The PRESIDING OFFICER. The Sen- Chairman of the Intelligence Commit- fore we look.’’ This is not a surprising ator from Virginia is recognized. tee, acting jointly, to provide commit- statement from a President who is a Mr. THURMOND. Mr. President, if tee records in response to this request, recent ‘‘convert’’ to the need for a na- there is nothing else to come before the utilizing appropriate security proce- tional missile defense system. Repub- Senate tonight, I think we are ready to dures. licans have been following ‘‘the details adjourn. Mr. WARNER. Mr. President, I ask and dimensions of the threat’’ for over Mr. WARNER. Mr. President, I say to unanimous consent that the resolution a decade. What more do we have to the distinguished chairman, might I be agreed to, the preamble be agreed wait for before committing to defend suggest that either the chairman or I to, the motion to reconsider be laid on the United States? The threat is not di- address certain closing remarks for the the table, and that any statements re- minishing. Approximately 30 countries leader? lating to the resolution appear at the currently have ballistic missiles, with Mr. THURMOND. I will delegate that appropriate place in the RECORD. varying ranges, and many of these na- to the able Senator from Virginia. The PRESIDING OFFICER. Without tions either have or are actively seek- Mr. WARNER. I thank the distin- objection, it is so ordered. ing to acquire war heads of mass de- guished chairman. The resolution (S. Res. 256) was struction—nuclear, chemical or bio- f agreed to. logical. There is no lack of appetite in The preamble was agreed to. the world for such ‘‘status symbols.’’ MEASURE SEQUENTIALLY The resolution, with its preamble, is Weapons of terror, intimidation. I sub- REFERRED—H.R. 3286 as follows: mit that the only thing inevitable Mr. WARNER. Mr. President, I ask Whereas, the Office of the Inspector Gen- about the missile threat we face is that unanimous consent that when the Fi- eral of the Central Intelligence Agency has requested that the Select Committee on In- the threat will continue to increase. nance Committee reports H.R. 3286, the telligence provide it with copies of commit- The President seems to believe that we bill be sequentially referred to the tee records relevant to the Office’s pending have the luxury of time to sit around Committee on Indian Affairs for the review of matters related to the Zona Rosa and discuss and contemplate the purpose of considering title III of the massacre of six American citizens in El Sal- threat—all the while with Americans bill for a period of 10 days of Senate vador in 1985; remain unprotected against an unin- session; further, that if the Committee Whereas, by the privileges of the Senate of tentional or terrorist firing of one or the United States and Rule XI of the Stand- on Indian Affairs does not report the ing Rules of the Senate, no evidence under more missiles. I say it is time to act to measure at the end of the 10 session the control or in the possession of the Senate protect our Nation before it is too late. days, the Indian Affairs Committee be can, by administrative or judicial process, be One of my favorite lines in the Presi- discharged from further consideration taken from such control or possession but by dent’s speech is: ‘‘It is (Defend America of the bill and the bill be placed on the permission of the Senate; Act) would weaken our defenses by calendar. Whereas, when it appears that documents, taking money away from things we The PRESIDING OFFICER. Without papers and records under the control or in know we need right now.’’ This from a objection, it is so ordered. the possession of the Senate may promote President who submitted a budget re- the administration of justice, the Senate will f take such action as will promote the ends of quest that was $18.6 billion below the AUTHORITY FOR COMMITTEES TO justice consistently with the privileges of FY96 level for defense; and the same the Senate: Now, therefore, be it President who recently threatened to REPORT Resolved, That the Chairman and Vice veto the FY97 Defense Authorization Mr. WARNER. Mr. President, I ask Chairman of the Select Committee on Intel- Bill passed by the House because it unanimous consent that the commit- ligence, acting jointly, are authorized to pro- contains $12 billion more than he re- tees have between 11 a.m. and 2 p.m. on vide to the Office of the Inspector General of quested. A President who has a history Wednesday, May 29, to file legislative the Central Intelligence Agency, under appropriate security procedures, copies of for inadequately funding our military. or executive reported legislation. records that the Office has requested for use Finally, the President claims that: The PRESIDING OFFICER. Without in connection with its pending review into ‘‘It is (Defend America Act) would vio- objection, it is so ordered. matters related to the Zona Rosa massacre. late the arms control agreements that f f we have made and these agreements make us more secure.’’ Again, the AUTHORIZATION FOR PRODUCTION ORDERS FOR FRIDAY, MAY 24, 1996 facts. There is nothing in the defend OF RECORDS Mr. WARNER. Mr. President, I ask America Act which would violate the Mr. WARNER. Mr. President, I ask unanimous consent that when the Sen- ABM Treaty. The Act calls on the unanimous consent that the Senate ate completes its business today it May 23, 1996 CONGRESSIONAL RECORD — SENATE S5633 stand in adjournment until the hour of ADJOURNMENT UNTIL 11:30 A.M. U.S. INTERNATIONAL DEVELOPMENT 11:30 a.m. on Friday, May 24; further, TOMORROW COOPERATION AGENCY that immediately following the prayer, Mr. WARNER. Mr. President, if there GERALD S. MCGOWAN, OF VIRGINIA, TO BE A MEMBER the Journal of proceedings deemed ap- OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- is no further business to come before VATE INVESTMENT CORPORATION FOR A TERM EXPIR- proved to date, no resolutions come the Senate—and I see no Senators ING DECEMBER 17, 1998, VICE DONALD BURNHAM over under the rule, the call of the cal- ENSENAT, RESIGNED. seeking recognition—I now ask that DEPARTMENT OF STATE endar be dispensed with, the morning the Senate stand in adjournment as PETE PETERSON, OF FLORIDA, TO BE AMBASSADOR EX- hour be deemed to have expired, and under the previous order. the Senate then turn to a period for TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED There being no objection, the Senate, STATES OF AMERICA TO THE SOCIALIST REPUBLIC OF morning business until the hour of 1 VIETNAM. at 7:46 p.m., adjourned until Friday, p.m. with Senators permitted to speak EXECUTIVE OFFICE OF THE PRESIDENT May 24, 1996, at 11:30 a.m. for up to 5 minutes each. FRANKLIN D. RAINES, OF THE DISTRICT OF COLUMBIA, TO BE DIRECTOR OF THE OFFICE OF MANAGEMENT AND The PRESIDING OFFICER. Without f BUDGET, VICE ALICE M. RIVLIN. objection, it is so ordered. DEPARTMENT OF LABOR NOMINATIONS J. DAVITT MCATEER, OF WEST VIRGINIA, TO BE SOLICI- f Executive nominations received by TOR FOR THE DEPARTMENT OF LABOR, VICE THOMAS S. the Senate May 23, 1996: WILLIAMSON, JR. EXECUTIVE OFFICE OF THE PRESIDENT PROGRAM INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT JERRY M. MELILLO, OF MASSACHUSETTS, TO BE AN AS- Mr. WARNER. Mr. President, for the SOCIATE DIRECTOR OF THE OFFICE OF SCIENCE AND JEANNE GIVENS, OF IDAHO, TO BE A MEMBER OF THE TECHNOLOGY POLICY, VICE ROBERT T. WATSON, RE- information of all Senators, a cloture BOARD OF TRUSTEES OF THE INSTITUTE OF AMERICAN SIGNED. motion was filed on the Defend Amer- INDIAN AND ALASKA NATIVE CULTURE AND ARTS DE- VELOPMENT FOR A TERM EXPIRING OCTOBER 18, 2002, DEPARTMENT OF STATE ica Act today. That cloture vote will VICE PIESTEWA ROBERT HAROLD AMES, TERM EXPIR- JOHN STERN WOLF, OF MARYLAND, A CAREER MEMBER ING. occur on Tuesday, June 4, at 2:15 p.m., OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- and will be the next rollcall vote. The DEPARTMENT OF DEFENSE COUNSELOR, FOR THE RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE AS U.S. COORDINATOR FOR Senate will be in session tomorrow for KEITH R. HALL, OF MARYLAND, TO BE AN ASSISTANT ASIA PACIFIC ECONOMIC COOPERATION [APEC]. SECRETARY OF THE AIR FORCE, VICE JEFFREY K. HAR- morning business in an attempt to CORPORATION FOR PUBLIC BROADCASTING clear a few items that would be consid- RIS, RESIGNED. EXECUTIVE OFFICE OF THE PRESIDENT HEIDI H. SCHULMAN, OF CALIFORNIA, TO BE A MEMBER ered by consent. OF THE BOARD OF DIRECTORS OF THE CORPORATION No rollcall votes will occur during KERRI-ANN JONES, OF MARYLAND, TO BE AN ASSOCI- FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- ATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- UARY 31, 2002, VICE LESLEE B. ALEXANDER, TERM EX- Friday’s session of the Senate. NOLOGY POLICY, VICE JAMES M. WALES, RESIGNED. PIRED. May 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E885 EXTENSIONS OF REMARKS

CONSUMER AUTOMOBILE LEASING most consumers are not yet familiar with lease and Federal officials recently agreed that les- ACT OF 1996 transactions. The task force cited the way in sors should be required to disclose a lease which the automobile industry has chosen to rate as an annual percentage rate. Last July, HON. JOHN J. LaFALCE structure lease transactions, both the terms the National Conference of Commissioners on OF NEW YORK used and their application in contracts and ad- Uniform State Laws released a study urging IN THE HOUSE OF REPRESENTATIVES vertising, as making leases far more complex uniform State consumer leasing laws and rec- than the traditional sales situation. This com- ommending required disclosure of lease inter- Thursday, May 23, 1996 plexity creates enormous opportunity for mis- est rates to allow comparison shopping by Mr. LaFALCE. Mr. Speaker, I am today in- representation and abuse. consumers. This same requirement is needed troducing legislation to provide consumers with Problems also stem from inadequacies in in Federal law. Without disclosure of a lease the information they need to make informed current laws and regulations governing lease rate, according to the consumer Federation, decisions about automobile leases. My bill, the disclosure and advertising, particularly at the consumers have no way of computing the real consumer Automobile Leasing Act of 1996 Federal level. The Consumer Leasing Act was cost of a lease. would update and strengthen current Federal enacted as chapter 5 of the Truth in Lending All of these problems in automobile leasing requirements for automobile lease disclosure Act in 1976, long before Congress could have are compounded by lease documents that and advertising under chapter 5 of the Truth in anticipated the current upsurge in automobile hide critical disclosures among technical lease Lending Act. leases. Federal regulations governing lease terms and that confuse consumers with legal Automobile leasing is a growing phenome- disclosure and advertising have not been re- jargon, imprecise terms and byzantine pay- non that is supplanting traditional new car vised or updated in any significant way since ment and penalty formulas. Key consumer in- sales and dominating automobile advertising. their issuance by the Federal Reserve Board formation such as the price of the leased auto- It is the automobile industry's answer to the in 1981. This creates serious problems even mobile, is not clearly disclosed or is hidden in growing affordability gap between rising new on technical grounds. The dollar amount of the broader cost amounts. Fees paid as part of car prices and stagnating family incomes. leases covered by the act, for example, is in- the vehicle capitalized cost or the payment re- A decade ago consumer leases represented adequate and will permit increasing numbers quired at lease signing may not be identified less than 5 percent of all new car transactions. of auto leases to escape Federal regulation. and itemized. And major costs after the lease Today, more than 30 percent of all new auto- Civil penalties under the act also are woefully is signed, such as vehicle delivery charges mobile transactions involve leases. By the inadequate to deter violations by automobile and lease-end disposition fees, are obscured year 2000, some auto industry experts predict, dealers and leasing companies when viewed or hidden to such a degree that the Federal leases will constitute over half of all new car in comparison to potential profits. Trade Commission says many consumers are transactions and a significant portion of used The inadequacies of current law and regula- unaware of their existence. care transactions. tion present additional problems in practice. But it is in the area of lease advertising that, This rapid growth in automobile leases has These laws and regulations offer no consistent in my view, the problems and abuses of current automobile leasing are most evident. You generated a concomitant increase in lease ad- standards governing clear and conspicuous only have to turn on the television or open the vertising. The Center for consumer Affairs at disclosure for either lease contracts or adver- advertising sections of any local and regional the University of Wisconsin reported last year tising. They permit disclosure far too late, usu- newspaper to find advertisements that rou- that its 6-year study of advertising in the Mil- ally at the time a lease is signed, and some- tinely feature deceptively low monthly lease waukee market showed that lease advertising times even after a vehicle has been ordered rates or other attractive aspects of a lease had grown from a relatively infrequent occur- and the consumer has paid a deposit or other while obscuring or omitting required informa- rence to the most commonly advertised fee. They offer no clear standards for nontradi- tion about the costs and restrictions of the consumer transaction in that market. Auto- tional advertising, for example, in commercial lease; scroll consumer information quickly mobile leases now figure as prominently as, if mailings, toll-free telephone numbers or on the across the television screen or in mouse sized not more prominently than, traditional auto- Internet. They permit lease advertising to mix type in print advertisements to make it difficult mobile sales transactions in advertising in the terms and costs of leases and installment for consumers to see or read; highlight no or Washington, DC market and in my congres- credit sales, which may easily confuse and zero downpayment amounts without stating sional district in western New York. Leasing mislead consumers. And they permit so-called the substantial charges and fees a consumer clearly has become a reasonable alternative to come-on promotions that have little relevance may actually have to pay upon signing the buying a new automobile not just for luxury to the terms actually offered to consumers or lease; and combine disclosure for numerous car buyers, but also for middle-class families, the vehicle models actually available. vehicle models in confusing tiny print or mix for retirees on fixed incomes and even for col- One of the most serious omissions of cur- the payment amounts, downpayments, interest lege students. And lease advertising now rent regulations is the lack of any requirement rates, and other items for leases with those of seeks to appeal to all these markets. to disclose the annual interest rate implicit in Automobile leases can be beneficial for con- credit installment transactions. lease transactions. The lease interest rate has The Federal Trade Commission summarized sumers, particularly in providing more man- been described by State Attorneys General, ageable monthly automobile payments and these problems earlier this year in detailed the Consumer Federal of America, the Amer- comments to the Federal Reserve Board: lower maintenance costs. Unfortunately, it is ican Association of Retired Persons [AARP] often very difficult for consumers to under- Many lease advertisements today may fall and other organizations as the critical factor in short of the ‘‘clear and conspicuous’’ stand- stand the terms of auto leases and to know the lease equation. Together with the lease ard. Currently many television and some whether they actually save money with a term, the capitalized cost of the automobile print advertisements boldly promote certain lease. As the National Center for Study of Re- and the vehicle residual value, it is one of the attractive lease terms and regulate the re- sponsive Law commented to the Federal Re- four variables that determine the consumer's quired lease disclosure to fine print or a lo- serve board last year, current lease pro- monthly lease payment. To allow leasing com- cation that is both inconspicuous and barely motions may deceive consumers into believing panies to hide one of these key variables, as visible. Some television advertisements use background music or flashing images that that they are getting a better deal with a lease most now do, the attorneys general com- than a credit purchase, when this may not be further obscure the required disclosures. Tel- mented, is to invite abuse. Not requiring dis- evision advertisements may also flash the true. closure of a lease interest rate, they noted, is disclosures on the screen for only two or I. THE NATURE OF THE PROBLEM tantamount to the hiding of valuable informa- three seconds or scroll so quickly that con- Part of the problem comes from the com- tion from consumers. sumers are unable to read this important in- plexity of lease transactions. As a special task In Canada, lease annual interest rates will formation. force of the State attorneys general reported soon be a required disclosure item in all prov- These common practices make it extremely to the Federal Reserve Board in November, inces. A national working group of provincial difficult for consumers to understand the terms

∑ 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. E886 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 1996 of advertised leases and virtually impossible required disclosure before the lease signing in to propose appropriate initiatives that would for consumers to make knowledgeable com- situations where an automobile must be or- permit more direct comparison of the base parisons between lease offerings. In their dered and the consumer is required to pay a costs of competing lease transactions. comments last year, the attorneys general ex- deposit or incurs any other form of financial or Mr. Speaker, in all these provisions I have pressed concern that automobile lease adver- legal obligation. tried to incorporate proposals that balance the tisements have, for several years, generally However, it is in the area of lease advertis- consumers right to know all relevant informa- failed to adequately disclose material informa- ing that my legislation would make the most tion about the terms and costs of automobile tion consumers need to make informed deci- far-reaching changes. It clarifies the clear and leases with the need to minimize the burdens sions. The Federal Trade Commission echoed conspicuous disclosure requirement in current of disclosure for automobile dealers and ad- this sentiment, stating that current misleading law by incorporating the more specific reason- vertisers. I have also sought to incorporate the advertisements may significantly hinder com- ably understandable standards used by the best ideas of public agencies and consumer parison lease shopping, in direct contradiction Federal Trade Commission in the 900 number organizations that have studied the problems of the purposes of the Consumer Leasing Act. rule and in other industry advertising orders. It of consumer leasing, as well as the rec- Clearly, current lease advertising provides extends disclosure requirements to advertise- ommendations of the automobile leasing in- no standardized format or uniform disclosures ments on the Internet. It requires all lease ad- dustry. I do not claim that the proposals in my to permit consumers to make an intelligent vertisements to disclose a lease rate com- bill are the only solutions to the problems ad- and informed choice between leasing and buy- puted as an annual percentage rate. It re- dressed, nor even necessarily the best ap- ing an automobile or even to make compari- quires that disclosures in foreign language ad- proaches. But I believe they will help us to sons among comparable leases offered by dif- vertisements be made in the language pri- begin a necessary dialog on this important ferent dealers. marily used in the advertisement. And it would issue. Given the confusion created by lease adver- permit television advertisers to use the alter- III. CONCLUSION tising and the complexity of the leases them- native toll-free telephone disclosure option in My purpose in this bill is to encourage selves, it is not surprising that reports of de- current law for radio advertisements and clar- broader understanding of the growing impor- ceptive or abusing leasing practices are in- ify disclosure standards for toll-free telephone tance of automobile leasing, of the increasing creasing. The State attorneys general report a advertising. problems in leasing practices and lease adver- dramatic increase in the number of consumer The bill also addresses the more abusive tising, and of the various solutions that are leasing complaints received by our offices. advertising practices that are clearly intended being discussed by public officials in this Local consumer affairs agencies in areas as to confuse or deceive consumers. It would country and in Canada. And my intent is to diverse as San Jose, CA; Montgomery Coun- prohibit lease advertisers from claiming that no encourage as comprehensive a debate as ty, MD; and Penellas County, FL, all have re- down payment is required when, in fact, sig- possible in Congress on the complex and ported auto leasing as the area in which nificant fees and charges are required to be timely consumer issues raised by automobile consumer complaints have increased most paid at lease signing. It requires that trans- leasing. significantly in recent years. Public agencies actions be clearly identified as a lease at least My legislation also responds to changes in and consumer organizations all point to the in- as prominently as any featured lease term or current auto leasing requirements that were in- adequacy of information available to consum- payment. It would prohibit the mixing of the corporated by the majority in last year's bank ers, as well as growing pressures on auto terms of leases and installment credit trans- regulatory relief legislation. A broad manager's dealers to maximize profits through leasing, as actions in the same advertisement. And it amendment put forward during full committee creating an enormous potential for abuse of would prevent lessors from advertising lease consideration of this legislation struck some of consumers and as emphasizing the need for terms that are offered only to select consum- the more positive initiatives proposed in earlier increased consumer protection. ers or advertising lease terms for vehicle mod- legislation by Mr. BEREUTER. The amendment II. OVERVIEW OF THE LEGISLATION els they do not have in sufficient quantities to replaced these initiatives with provisions de- The legislation I am introducing today offers meet reasonably anticipated consumer designed to create a safe harbor for disclosures a comprehensive approach to the problems of mand. made by auto lessors and to limit significantly automobile lease disclosure both in lease doc- Finally, the bill introduces a new initiative for the civil liability of automobile leasing compa- uments and in advertising. Indeed, the bill is print advertisements which would move auto nies for false disclosures relating to numerous the first legislation, that I am aware of, to pro- lease advertising toward a uniform pricing ap- key disclosures for consumers, including de- pose comprehensive revision of the Consumer proach that encourages comparison shopping scriptions of the property to be leased, addi- Leasing Act since the act was passed 20 by consumers. The proposal creates a special tional fees and charges, lease-end liabilities years ago. lease box requirement for printed lease adver- and purchase options. These changes were In general terms, the legislation amends the tisements that simplifies the disclosures re- proposed without congressional hearings and Consumer Leasing Act to implement many of quired for lessors, makes disclosures more were approved without any oral or written the changes in lease disclosure and advertis- visible and understandable to consumers and presentation or discussion. ing recommended last year by the attorneys provides greater uniformity in terminology and The growing importance of automobile leas- general task force. It incorporates technical cost disclosures. It would make disclosed ing requires that changes in lease disclosure changes requested by the Federal Reserve costs more relevant to lease terms offered to and advertising be given broad and careful Board. It seeks to apply to all forms of lease consumers by requiring that advertised costs consideration by Congress and not become advertising recent Federal Trade Commission represent average costs of comparable vehi- just another hidden giveaway to special inter- standards for clear and conspicuous disclo- cles leased by the advertising dealer with op- ests. In adopting the original Consumer Leas- sure, as well as the FTC's proposed equal tion packages most commonly requested by ing Act 20 years ago, Congress recognized prominence standard for lease advertising. consumers. And it would require that key fac- that applying any lesser standard than full and And it proposes required disclosure of a lease tors used to calculate monthly lease pay- complete disclosure to automobile leasing is interest rate and other changes to enhance mentsÐthe lease terms, vehicle residual an invitation to abuse and deception. The lease disclosure and advertising advocated by value, and excess mileage limitsÐbe stand- same considerations should govern what we the Consumer Federation and other consumer ardized to reflect standard industry practices in do today. organizations. order to minimize their manipulation to The legislation I am introducing simply re- More specifically, my legislation would mod- produce artificially low monthly payment quires that consumers be given full information ify and update the disclosure requirements in amounts in lease advertisements. about lease transactions in a manner which is current law to provide consumers with more The proposal would standardize the infor- understandable and which allows them to visible, more complete, and more relevant in- mation disclosed for comparable automobile make intelligent purchasing decisions. The ex- formation in lease documents about the terms models and highlight actual differences in ve- periences of the State attorneys general, local and costs of auto leases. It would create a hicle capitalized costs, up front payments and consumer affairs offices and consumer organi- special requirement for automobile leases, lease interest rates among advertised lease zations suggest that current relations and the modeled on proposals recently implemented options. The bill acknowledges that this is only methods used by lessors to comply with them, by the leasing subsidiary of Ford Motor Co., one approach to introducing uniform pricing to quote the attorneys general statement, that require the highlighted disclosure of key and disclosure to automobile leasing. It directs often make it impossible for consumers to consumer costs and consumer notices or the Federal Reserve Board to study additional make such decisions. warnings at the beginning of the lease docu- or alternative approaches for standardizing the I urge the Congress to initiate broad hear- ment. And it requires that consumers receive terms and cost disclosures of auto leases and ings designed to incorporate all points of view May 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E887 on issues related to automobile leasing, and I ported to be still in it and the smell of death would make ‘‘explicit and unambiguous’’ urge my colleagues to give careful consider- hovering over it, no public transportation of what previously had been ‘‘implicit’’ in the ation to the changes and initiatives proposed any kind, no shops, no commerce, no lights, law, ‘‘that to persecute, oppress, or do vio- the water system in bad shape.’’ The court- lence to individuals or minorities on politi- in this legislation. house had been ‘‘damaged.’’ Its courtroom cal, racial, or religious grounds . . . is an f was ‘‘not large.’’ Over one door was ‘‘an hour international crime . . . for the commission glass.’’ Over another was ‘‘a large plaque of [of which] . . . individuals are responsible’’ JUSTICE STEPHEN BREYER’S the Ten Commandments’’—a sole survivor. and can be punished. He hoped to forge from ADDRESS FOR THE 1995 DAYS OF In the dock 21 leaders of Hitler’s Thousand the victorious nations’ several different legal REMEMBRANCE CEREMONY Year Reich faced prosecution. systems a single workable system that, in Justice Jackson described the Nuremberg this instance, would serve as the voice of Trial as ‘‘the most important trial that human decency. He hoped to create a ‘‘model HON. TOM LANTOS could be imagined.’’ He described his own of forensic fairness’’ that even a defeated na- OF CALIFORNIA work there as the most important ‘‘experi- tion would perceive as fair. IN THE HOUSE OF REPRESENTATIVES ence of my life,’’ ‘‘infinitely more important Did he succeed? At the least, three-quar- Thursday, May 23, 1996 than my work on the Supreme Court, or . .. ters of the German nation at the time said anything that I did as Attorney General.’’ they found the trial ‘‘fair’’ and ‘‘just.’’ More Mr. LANTOS. Mr. Speaker, on April 16, This afternoon, speaking to you as an Amer- importantly, there is cause for optimism Members of Congress, members of the diplo- ican Jew, a judge, a Member of the Supreme about the larger objectives. Consider how matic corps and hundreds of survivors of the Court, I should like briefly to explain why I concern for the protection of basic human Holocaust and their friends gathered here in think that he was right. liberties grew dramatically in the United First, as a lawyer, Robert Jackson under- States, in Europe, and then further abroad, the Capitol Rotunda for the Days of Remem- stood the importance of collecting evidence. in the half century after World War II. Con- brance ceremony. The U.S. Holocaust Memo- Collecting evidence? one might respond. sider the development of what is now a near rial Council was established by Congress to What need to collect evidence in a city consensus that legal institutions—written preserve the memory of the horrors of the Hol- where, only twenty years before, the law it- constitutions, bills of rights, fair procedures, ocaust. I commend the Council and the mem- self, in the form of Nuremberg Decrees, had an independent judiciary—should play a role, bers of the Days of Remembrance Committee, segregated Jews into Ghettos, placed them sometimes an important role, in the protec- chaired by my good friend Benjamin Meed, for in forced labor, expelled them from their tion of human liberty. Consider that, today, professions, expropriated their property, and their vigilant and genuine adherence to their a half century after Nuremberg (and history forbid them all cultural life, press, theater, does not count fifty years as long), nations extraordinarily important task. and schools. What need to collect evidence feel that they cannot simply ignore the most One of the first acts of the committee was with the death camps that followed them- barbarous acts of other nations; nor, for that to establish the Days of Remembrance cere- selves opened to a world, which finally might matter, as recent events show, can those who mony to mirror similar ceremonies held in Is- see. ‘‘Evidence,’’ one might then have ex- commit those acts ignore the ever more real rael and throughout our Nation and the World. claimed. ‘‘Just open your eyes and look possibility that they will be held account- This year, the Days of Remembrance cere- around you.’’ able and brought to justice under law. We But the Torah tells us, There grew up a mony centered on the 50th anniversary of the are drawn to follow a path once beaten. generation that ‘‘knew not Joseph.’’ That is Third, as a human being, Jackson believed Nuremberg trials. The ceremony was a re- the danger. And Jackson was determined to that the Nuremberg trials represented a minder of the difficult process of first coping compile a record that would not leave that, human effort to fulfill a basic human aspira- and their healing that all survivors and process or any other future generation with the tion—‘‘humanity’s aspiration to do justice.’’ of first coping and then healing that all survi- slightest doubt. ‘‘We must establish incred- He enunciated this effort in his opening vors and their families and loved ones had to ible events by credible evidence,’’ he said. statement to the Tribunal. He began: ‘‘The endure. And, he realized that, for this purpose, the wrongs which we seek to condemn and pun- At this ceremony I was touched by the es- prosecution’s 33 live witnesses were of sec- ish have been so calculated, so malignant ondary importance. Rather, the prosecutors pecially poignant words of Associate Justice and so devastating, that civilization cannot built what Jackson called ‘‘a drab case,’’ tolerate being ignored because it cannot sur- Stephen Breyer. Throughout his life he has which did not ‘‘appeal to the press’’ or the vive their being repeated. That four nations committed himself to the guidance of edu- public, but it was an irrefutable case. It was flushed with victory and stung with injury, cation and the principal of justice. These were built of documents of the defendants ‘‘own stay the hand of vengeance and voluntarily the principles that he chose to speak of, so making,’’ the ‘‘authenticity of which’’ could submit their captive enemies to the judg- eloquently, during the ceremony. not be, and was not ‘‘challenged.’’ The pros- ment of the law is one of the most signifi- Therefore, it was befitting that a leader from ecutors brought to Nuremberg 100,000 cap- cant tributes that Power ever has paid to the highest court of our land address the cere- tured German documents; they examined Reason.’’ millions of feet of captured moving picture mony commemorating the triumph of justice To understand the significance of this film; they produced 25,000 captured still pho- statement, it is important to understand over barbarity. Justice Breyer stands as a tographs, ‘‘together with Hitler’s personal what it is not. Nuremberg does not purport symbol of our country's fervent commitment to photographer who took most of them.’’ The to be humanity’s answer to the cataclysmic the rule of law. His remarks commemorating prosecutors decided not to ask any defendant events the opening statement goes on to de- the 50th anniversary of the Nuremberg Trials to testify against another defendant, lest scribe. A visit to the Holocaust Museum (or, will endure as a tribute to those who cham- anyone believe that one defendant’s hope for for some, to the corridors of memory) makes pioned the forces of justice, compassion and leniency led him to exaggerate another’s clear that not even Jackson’s fine sentences, equality in an environment where those same crimes. But they permitted each defendant eloquent though they are, can compensate to call witnesses, to testify in his own be- qualities were callously disregarded. I ask by for the events that provoked them. But, that half, to make an additional statement not is only because, against the background of colleagues to join me congratulating Justice under oath, and to present documentary evi- what did occur, almost any human state- Breyer on his excellent speech; may its won- dence. The very point was to say to these de- ment would ring hollow. A museum visit derful and inspirational message find its way fendants: What have you to say when faced leads many, including myself, to react, not into the hearts and minds of individuals with our case—a case that you, not we, have with words, but with silence. We think: around the world. made, resting on your own words and con- There are no words. There is no compensat- fessed deeds? What is your response? The an- CRIMES AGAINST HUMANITY, NUREMBERG, 1946 ing deed. There can be no vengeance. Nor is swer, after more than 10 months and 17,000 any happy ending possible. We emerge deeply (By Stephen Breyer, Associate Supreme transcript pages, was, in respect to nineteen depressed about the potential for evil that Court Justice) of the defendants, that there was no answer. human beings possess. The law of the United States sets aside There was no response. There was nothing to It is at this point, perhaps, that Nuremberg today, Yom Hashoah, as a Day of Remem- say. As a result, the evidence is there, in can help, for it reminds us that the Holo- brance—of the Holocaust. On Yom Hashoah Jackson’s words, ‘‘with such authenticity caust story is not the whole story; it reminds 1996, we recall that fifty years ago another and in such detail that there can be no re- us of those human aspirations that remain a member of the Court on which I sit, Justice sponsible denial of these crimes in the future cause for optimism. It reminds us that after Robert Jackson, joined representatives of and no tradition of martyrdom of the Nazi barbarism came a call for reasoned justice. other nations, as a prosecutor, at Nurem- leaders can arise among informed people.’’ To end the Holocaust story with a fair berg. That city, Jackson said, though chosen Future generations need only open their eyes trial, an emblem of that justice, is to remind for the trial because of its comparatively and read. the listener of what Aeschylus wrote twenty- will-functioned physical facilities, was then Second, as a judge, Robert Jackson under- five hundred years ago, in his ‘‘Eumenides’’— ‘‘in terrible shape, there being no telephone stood the value of precedent—what Cardozo where Justice overcoming the avenging fu- communications, the streets full of rubble, called ‘‘the power of the beaten path.’’ He ries, humanity’s barbaric selves, promises with some twenty thousand dead bodies re- hoped to create a precedent that, he said, Athens that her seat, the seat of Justice, E888 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 1996 ‘‘shall be a wall, a bulwark of salvation, wide TRIBUTE TO MEND to play the guitar in the early 1960's, he as your land, as your imperial state; none formed a trio along with his cousin and a close mightier in the habitable world.’’ It is to HON. HOWARD L. BERMAN friend. Jose Jose's first record received little repear the Book of Deuteronomy’s injunc- recognition but he persevered on in his musi- tion to the Jewish People: ‘‘Justice, justice OF CALIFORNIA cal career. He began performing at prominent shall you pursue.’’ IN THE HOUSE OF REPRESENTATIVES nightclubs like the Tropicana, EL Farolito and And if I emphasize the role of Nuremberg Thursday, May 23, 1996 in a story of the Holocaust, that is not sim- Peria Negra, and was soon offered a record ply because Justice Jackson himself hoped Mr. BERMAN. Mr. Speaker, I am honored to deal with RCA Records. Soon after, in 1969, that the trial ‘‘would commend itself to pos- pay tribute to Meeting Each Need With Dignity Jose Jose struck it big throughout the His- terity.’’ Rather, it is because our role—the [MEND], which this year celebrates its 25th panic community with his first hit song, ``La role of almost all of us—today in relation to anniversary of service to the northeast San Nave Del Olvido.'' Following the overwhelming the Holocaust is not simply to learn from it, Fernando valley. With its efforts to provide success of this single, his career reached but also to tell and to retell it, ourselves, to comprehensive health, educational and em- heights beyond his dreams. our children and to future generations. ployment services, MEND has played an in- The sudden success catapulted the singer Those who were lost said, ‘‘Remember us.’’ to international stardom. Throughout the 70's To do that, to remember and to repeat the valuable role in the community. Today it serves as many as 13,000 people per month. and 80's, he toured major cities in the United story is to preserve the past, it is to learn States, Puerto Rico, Guatemala, Costa Rica, from the past, it is to instruct and to warn That total is indicative of MEND's growth the future. It is to help that future, by lead- and success in a quarter-century of operation. Brazil and Argentina, and made numerous tel- ing them to understand the very worst of As recently as 1987. MEND had a client base evision appearances performing such re- nowned hits as ``La Nave Del Olvido,'' which human nature is capable. But, it is of 2,000 people per month. With the increase ``Secretos,'' ``Lagrimas,'' ``40 y 20,'' ``Gavilan O also to tell that small part of the story that in population in the area over the past decade, will also remind them of one human virtue— Paloma,'' and ``El Triste.'' Today Jose Jose plus cuts in government funding, MEND has humanity’s ‘‘aspiration to do justice.’’ It is serves as an example of self-determination been forced to respond to a situation that ap- to help us say, with the Psalmist, ‘‘Right- and hard work. His voice has touched the eousness and Justice are the foundations of proached crisis proportions. lives of so many and will continue to echo Your Throne.’’ In addition to providing general services, the throughout the international community for agency offers food, clothing and English-lan- many years to come. f guage classes. I cannot imagine what life It is an honor to have such an outstanding would be like for the poor, sick, elderly, and entertainer visit the 13th District and to per- TRIBUTE TO THE DIAMOND JUBI- aspiring citizens in the northeast valley without form at Radio City Music Hall. I ask my col- LEE OF THE VILLAGE OF the presence of MEND. leagues to join me in honoring Jose Jose, an EDGERTON’S HOMECOMING Last year MEND expanded its facilities, add- entertainer for the ages. ing a waiting room, classroom, computer lab, f separate medical and dental treatment rooms, HON. PAUL E. GILLMOR a pharmacy, food warehouse and sorting room THE NOVALIC FOUNDATION OF OF OHIO for clothes. I was particularly impressed that CROATIA IN THE HOUSE OF REPRESENTATIVES this $1 million expansion was funded entirely by private sources. HON. TOM LANTOS Thursday, May 23, 1996 MEND has come a long way since its open- OF CALIFORNIA Mr. GILLMOR. Mr. Speaker, it gives me ing in 1971, when Catholic and Protestant IN THE HOUSE OF REPRESENTATIVES great pleasure to rise today and bring to the church members worked out of their own ga- Thursday, May 23, 1996 rages distributing donated food and clothing to attention of my colleagues an important event Mr. LANTOS. Mr. Speaker, this Chamber poor people in the northeast San Fernando being held in Edgerton, Ohio, June 19±22. has heard many statements on the horrors valley. The Village of Edgerton will be celebrating the that the recent wars on the territory of the I ask my colleagues to join me today in sa- 75th Diamond Anniversary of the community's former Yugoslavia visited on the peoples of homecoming. This annual summer festival is a luting MEND, an organization that has done that region. While no side remained blameless time for friends and neighbors to get together so much for so many over the past 25 years. in these conflicts, in fact, all sides committed and honor their community spirit. Its dedication to the community and desire to unspeakable crimes, it was certainly the Serb A true railroad city, Edgerton was surveyed help is a shining example for us all. aggressors who showed the world degrees of in 1854 where the proposed Michigan South- f inhumane cruelty, of barbarism that some of ern and Northern Indiana Railroad crossed the IN HONOR OF JOSE JOSE: A DIS- us had hoped would never be used again as St. Joseph River. Named after former news- TINGUISHED MUSICIAN AND IN- tools to settle questions of territory or domi- paper editor, Ohio State Senator and U.S. DIVIDUAL nance. Congressman Alfred P. Edgerton, the city I was one of the Members here who made grew quickly. By the end of the Civil War there many of the statements I just referred to as I were two general stores, three saloons, a gro- HON. ROBERT MENENDEZ followed these events closely and felt very cery, hotel, produce dealer, harness shop, OF NEW JERSEY strongly about them. Nonetheless, just the house painter, four carpenters, two black- IN THE HOUSE OF REPRESENTATIVES other day I was reminded again quite power- smiths, and a wagon maker. Through the Thursday, May 23, 1996 fully of the excesses of perverse cruelty in these wars. I was presented with a photo years, the occupations have changed but the Mr. MENENDEZ. Mr. Speaker, I rise today sense of pride in community has remained. album of some of the churches of Eastern to pay special tribute to Jose Jose, a remark- Croatia, the region that is still under Serb oc- This pride is manifested every summer able individual who has distinguished himself cupation. These pictures reminded me that through the village's homecoming. Throughout by his enormous contribution to Latino music this was not just a political and ethnic war, but its history, Edgerton has been blessed by their and the Hispanic community. He will be hon- it was also a war against culture and religion. enthusiasm and volunteer labor for its many ored during a performance at Radio City The Serb invaders purposefully targeted the projects. Anniversaries are a time to reflect Music Hall on May 24, 1996. churches of the Croat and Hungarian ethnic upon a steadfast tradition of service, they are Born in Mexico as Jose Romulo Sosa Ortiz, communities in that region, shelling them with also a time to look toward new horizons. The Jose Jose was destined to become a re- ferocity and great precision. About 67 church- residents of Edgerton have made it their re- nowned international celebrity. The son of a es lie partly or fully in ruin in or around the still sponsibility to serve those in need by keeping tenor for the Mexican National Opera Com- occupied territories. pace with the ever increasing challenges fac- pany, Jose Esquival, and a concert pianist, Not all news coming from that region is bad, ing mankind. This summer's celebration hon- Margarita Ortiz, Jose Jose's talent and interest however. These photos of the destroyed ors that heritage. in music were influenced by the success of his churches were presented to me in my office I ask my colleagues to join me today in rec- parents. by a remarkable individual, Mr. Antun Novalic, ognizing Edgerton's Diamond Anniversary During the 1950's, Jose Jose's talent began a businessman from the town of Osijek, Cro- Homecoming and encouraging the residents to to emerge. He joined the school choir and atia, right across a river from the occupied ter- continue to set the standard for community in- began performing at local festivals, and impor- ritories. In this area where the wounds of eth- volvement in Ohio. tant social and sporting events. Upon learning nic hatred are still festering, Mr. Novalic has May 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E889 established a foundation with his own money, Also helping out in our efforts to improve the Seminary, and New York Theological Semi- dedicated to rebuilding those churches regard- path and care for these trees is the Macomb nary, began her tenure with the Society for less of the creed or ethnicity of the congrega- County Road Commission, the Boy Scouts of Helping Church over 20 years ago. Rev. War- tions. His plans also include the restoration of America Troop #157, the Bearing Burners ren established the Society for Helping Church the old Jewish cemetery in the village of Auto Club, the Lake Pointe Nursing Center, in 1976, and the Society for Helping, Inc., a Vorosmart, an ancient Hungarian settlement in the Tree People Community Group, and the Social Service Agency for the deaf and hear- Croatia going back over a millennium. The Inter-County Drainage Board. ing impaired, in 1977, where she serves as cemetery suffered no war damage, but it suf- Mr. Speaker, many people worked together executive director. Reverend Warran has dedi- fered vandalism during the invasion and is to make this project a reality, but I want to cated her life to improving the plight of the generally in a neglected state. give special recognition to several people from people within the Philadelphia community. Mr. Novalic was not asking for money in this Detroit Edison and their contractors: Peggy A. Reverend Warren is also an outstanding ed- country, as he told me he wanted to establish Sorvala, John A. Cretti, Ronald L. McIntyre, ucator. Since her retirement from teaching in a record of accomplishment using his own Roberta C. Urbani, Paul Stricher, Cal Fleming the Philadelphia Public School System, she funds before he would ask for others to con- Landscaping and David Breedlove. has become an activist concerned about qual- tribute. He was here to seek moral support I also would like to recognize Detroit Edison ity education. Reverend Warren has played a and to inform Americans who care about the Chairman John Lobbia for his leadership in vital role in many programs in the Philadelphia fate of that region of the objectives of the making projects like this one a reality. community as the vice chair of the Black Cler- Novalic Foundation. The contributions of these men and women gy of Philadelphia & Vicinity, Inc. and vice Mr. Speaker, I commend Mr. Novalic for his are a shining example of public service. They president of the Southeastern Region of One noble idea and wish every success for his are truly people who promote and act on the Church One Child. Reverend Warren has foundation. I wanted my colleagues to know values of our community and have a genuine been active in religious and community that for every act of destruction, of seeding concern for the people they serve. Their work projects, holding memberships in various orga- hatred, someone, somewhere is working self- on the Macomb Bike/Hike Path is an excellent nizations for community enrichment. lessly on construction, on restoring ethnic har- example of what can be accomplished when I hope my colleagues will join me today in mony and tolerance. I hope the United States government, citizens and private industry work congratulating Rev. Dr. Repsie M. Warren for will remain allied to such people and give their together. her many years of service with Society for efforts all reasonable support. f Helping Church and the Philadelphia commu- f nity. I wish the Reverend Warren and the So- PERSONAL EXPLANATION ciety for Helping Church the very best as they MACOMB COUNTY BIKE PATH: continue their service to the Philadelphia com- SHOWING THE POWER OF PART- HON. ELIOT L. ENGEL munity. NERSHIPS OF NEW YORK f HON. DAVID E. BONIOR IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF ADMINISTRA- Thursday, May 23, 1996 OF MICHIGAN TION’S RETIREMENT PROTEC- TION ACT IN THE HOUSE OF REPRESENTATIVES Mr. ENGEL. Mr. Speaker, on the evening of May 22, 1996, I was recorded in the affirma- Thursday, May 23, 1996 tive for rollcall vote 190. I should have been HON. SAM GIBBONS Mr. BONIOR. Mr. Speaker, at a time when recorded in the negative. OF FLORIDA people all across America are looking for new f IN THE HOUSE OF REPRESENTATIVES ways to work together for the betterment of our communities, I want to call the attention of PERSONAL EXPLANATION Thursday, May 23, 1996 my colleagues to a project in my Congres- Mr. GIBBONS. Mr. Speaker, this bill we are sional District that is a shining example of the HON. JIM BUNN introducing today is a good bill. It contains power of partnerships. OF OREGON many provisions that will accomplish positive A few years ago, I and others in our area IN THE HOUSE OF REPRESENTATIVES results in our retirement system. It will in- worked together to establish the Macomb crease the number of families and individuals Bike/Hike Path. The idea behind the bike path Thursday, May 23, 1996 who can contribute to their retirement savings was a simple oneÐto give people in Clinton Mr. BUNN of Oregon. Mr. Speaker, due to through an IRA by approximately 20 million. In Township a recreational resource to use and a thunderstorm, my plane was approximately addition, it will make retirement benefits avail- enjoy. The establishment of the bike path was 2 hours late arriving at National Airport on able to approximately 10 million small busi- a community effort, one which brought to- May 21, 1996. Because of this delay, I was nesses and their employees. gether the Federal Government, county gov- unable to cast my vote on vote numbers 180, There has been growing concern about the ernment, and our neighbors to work together 181, and 182. adequacy of the pool of retirement savings for a common goal. Had I been present, I would have voted yea available for our aging baby-boom generation. Simply put, the Macomb Bike Path has on vote 180, nay on vote 181, and yea on Some studies have indicated that the mem- been a tremendous success. It is heavily used vote 182. I ask unanimous consent to have bers of this group are saving at only one-third by joggers, dog walkers, and many others who these votes entered into the RECORD at the the rate they will need to retire at a standard value it as an important recreational resource. appropriate place. of living which is similar to their current stand- And while many people use the bike path, f ard. This legislation certainly will expand the until last year it was just thatÐan asphalt path opportunity for these workers to increase their running through a sparse tract of land. SALUTE TO REV. DR. REPSIE M. retirement savings. Also, younger workers Last year, however, Detroit Edison, as part WARREN OF PHILADELPHIA could begin saving for retirement at an earlier of their ongoing efforts to improve our environ- age under the optional waiver of the initial ment, agreed to contract with Cal Fleming HON. THOMAS M. FOGLIETTA waiting period for qualification to participate in Landscaping and Metropolitan Forestry Con- OF PENNSYLVANIA their employer's plan. sultants to plant 114 trees along an empty IN THE HOUSE OF REPRESENTATIVES In addition, the simplified 401(k) plan small stretch of the Macomb Bike Path. These trees, businesses would be able to offer to their em- which are valued at $20,000, include some of Thursday, May 23, 1996 ployees under this bill would allow many part- the most beautiful kind imaginable, including Mr. FOGLIETTA. Mr. Speaker, I rise today time workers to set aside retirement funds. green ash, red oak, red and amur maples, and to pay special tribute to Rev. Dr. Repsie M. Under this provision, any worker who makes flowering crabapple trees. Warren, founder and pastor of the Society for at least $5,000 for 2 consecutive years would This donation has gone a long way toward Helping Church to congratulate her on her be eligible. This would include many women enriching and beautifying the bike path for our many years of service to the Philadelphia who are in the work force on a part-time basis community and its residents. On one of my re- community. because of family responsibilities. Also, a cent trips back home to Michigan, I walked the Reverend Warren, educated at Elizabeth great number of workers maintain part-time newly-renovated path and marveled at the City State University, Philadelphia Antioch Uni- hours at some point in their careers for dif- beauty of the newly blooming trees. versity, Philadelphia Lutheran Theological ferent reasons. This bill would allow them to E890 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 1996 continue to save for retirement. This is a major the liberal arts. Albertus Magnus is dedicated pensable to the American economy on the step in the right direction. I applaud this effort. to guiding undergraduates on their academic verge of the new century. These information Last year, the Republicans included a provi- and intellectual journey. The College strives to products put a wealth of data at the fingertips sion in their Balanced Budget Act which would provide students with the tools to build their of business people, professionals, scientists, have allowed employers to raid the retirement own paradigm for understanding and interpret- scholars, and consumers, and enable them to funds of their employees. President Clinton ing the world. Students are taught to engage retrieve from this haystack of information the specifically mentioned that provision, among in the analytical process as they try to under- specific factual needle that they need to solve others, including Medicare and welfare, as a stand and then question traditional schools of a particular economic, research, or edu- reason for vetoing the bill. This bill contains thought. Graduates of Albertus Magnus leave cational problem. Whether they focus on finan- provisions that are designed to deter employ- with the knowledge that life is a journey and cial, scientific, legal, medical, bibliographic, ers from engaging in such behavior. This em- that they must never cease to question and news, or other information, databases are an phasizes our strong commitment to protect explore what they believe to be true. essential tool for improving productivity, ad- and preserve the pensions of hard-working in- I am pleased to wish Albertus Magnus con- vancing education and training, and creating a dividuals. gratulations on the 70th Anniversary. I am more informed citizenry. They are also the Another good feature of this bill is the provi- confident that under the strong leadership of linchpin of a dynamic commercial information sion that would ensure that workers of compa- President Julia McNamara the College will industry in the United States. nies which go out of business or workers who move into the 21st century at the forefront of Developing, compiling, distributing, and left an employer many years earlier would be education. maintaining commercially significant databases requires substantial investments of time, per- able to collect their retirement benefits from f these employers through the Pension Benefit sonnel, and money. Information companies must dedicate massive resources to gathering Corporation [PBGC]. PBGC will act as a clear- PERSONAL EXPLANATION and verifying factual material, presenting it in inghouse for the terminated plans of these a user-friendly way, and keeping it current and employers. This will help many of our workers HON. HELEN CHENOWETH useful to customers. U.S. firms have been the who otherwise may have no other way of col- OF IDAHO world leaders in this field. The have brought to lecting these funds. This provision will have a IN THE HOUSE OF REPRESENTATIVES market a wide range of valuable databases very positive impact on many workers at a Thursday, May 23, 1996 that meet the information needs of busi- time when they need it most. I strongly sup- nesses, professionals, researchers, and con- port this effort. Mrs. CHENOWETH. Mr. Speaker, on Thurs- sumers worldwide. But several recent legal I have always supported portability in our day, May 16 and Wednesday May 21, I was and technological developments threaten to pension system. I am very pleased to see that unavoidably detained and missed rollcall votes cast a pall over this progress, by eroding the the administration will be taking additional 176 and 184. Had I been here, I would have voted ``no'' incentives for the continued investment need- steps to improve the ability of an employee to ed to maintain and build upon the U.S. lead in on rollcall 176, and ``yes'' on rollcall 184. take his or her retirement account to a subse- world markets for electronic information re- I ask unanimous consent to have my state- quent employer. I welcome this effort. sources. In conclusion, I reiterate my support for this ment appear in the appropriate place in the Here in the United States, the 1991 Su- bill, and I look forward to working toward mak- record. preme Court decision in Fiest Publications v. ing its goals become reality. f Rural Telephone Service Co. marked a tough- f TRIBUTE TO DR. IAN EDWARDS er attitude toward claims of copyright in TRIBUTE TO ALBERTUS MAGNUS databases. While reaffirming that mostÐal- COLLEGE ON ITS 70TH ANNIVER- HON. GREG GANSKE though not allÐcommercially significant SARY databases satisfy the ``originality'' requirement OF IOWA for protection under copyright, the Court em- IN THE HOUSE OF REPRESENTATIVES phasized that this protection is ``necessarily HON. ROSA L. DeLAURO Thursday, May 23, 1996 thin.'' Several subsequent lower court deci- OF CONNECTICUT sions have underscored that copyright cannot Mr. GANSKE. Mr. Speaker, I would like to IN THE HOUSE OF REPRESENTATIVES stop a competitor from lifting massive amounts bring your attention to the recent travels of Dr. Thursday, May 23, 1996 of factual material from a copyrighted Ian Edwards, president of Toastmasters Inter- database to use as the basis for its own com- Ms. DELAURO. Mr. Speaker: It is with great national. peting product. Database producers are con- pleasure that I rise today to salute Albertus Dr. Edwards' trip in early May was the first cerned that some of these cases may also Magnus College on its 70th Anniversary. ever presidential visit to the Toastmasters Na- cast doubt on the ability of a database propri- Albertus Magnus was founded in 1925 by tional Capitol District 27. He was elected etor to use contractual provisions to protect the Dominican Sisters of St. Mary of the president of Toastmasters International in against unfair competition from such ``free rid- Springs, Columbus, Ohio. It was the first 1995 and has been a Toastmaster for over 18 ers.'' Catholic residential liberal arts college for years. In Europe, a 6-year legislative process cul- women in New England. Dr. Edwards and his family currently live in minated earlier this year in the issuance of a The College has established a tradition of west Des Moines, IA and I am pleased to European Union Directive on Legal Protection setting precedents in educational innovation. have such an accomplished public speaker in of Databases. Among other things, the Direc- The New Dimensions Program was estab- my district. tive creates a new, non-copyright form of legal lished in 1994 and enables students to work f protection for databases, to supplement copy- and maintain family commitments while obtain- right. But it denies this new protection to U.S.- THE DATABASE INVESTMENT AND ing a degree in business administration in only originated databases unless the United States INTELLECTUAL PROPERTY two years. The Tri-Session Plan was imple- is found to offer ``comparable'' protection to ANTIPIRACY ACT OF 1996 mented in 1993 and allows students to com- European databases. When fully implemented plete their degree program in three years by in 1998, the European Directive could place attending three sessions per academic year HON. CARLOS J. MOORHEAD U.S. firms at an enormous competitive dis- instead of two. Although the program is in- OF CALIFORNIA advantage throughout the entire European tense and academically rigorous, students are IN THE HOUSE OF REPRESENTATIVES market. able to save valuable time and money. The Thursday, May 23, 1996 At the World Intellectual Property Organiza- program has been cited by leading educators tion, a growing international consensus sup- as model to control the ever-rising cost of a Mr. MOORHEAD. Mr. Speaker, I rise to in- ports development of a new international trea- college education. These are only two exam- troduce the Database Investment and Intellec- ty on noncopyright protection for databases, ples of the College's mission to make a liberal tual Property Antipiracy Act of 1996, a bill to with the possibility of action as early as De- arts education both intellectually challenging encourage continued investment in the pro- cember 1996. Indeed, this week in Geneva, and accessible. duction and distribution of valuable new U.S. negotiators are putting forward a draft for Throughout all the changes and reforms, databases. such an international instrument. Albertus Magnus has remained steadfast in its Electronic databases, and other compila- In cyberspace, technological developments commitment to the pursuit of knowledge and tions of factual material, are absolutely indis- represent a threat as well as an opportunity May 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E891 for databases, just as for other kinds of works. suggestions and reactions for interested par- States Holocaust Memorial Council was estab- Copying factual material from a database, and ties, and of my colleagues, in the near future, lished by Congress to preserve the memory of rearranging it to form a competing information and to working with the Administration to the victims of the Holocaust. I commend the productÐjust the kind of behavior that copy- strengthen protections for U.S. databases both Council and the members of the Days of Re- right protection may not effectively preventÐis at home and around the world. membrance Committee, chaired by my good cheaper and easier than ever, through digital f friend Benjamin Meed, for their vigilant and technology that is now in widespread use. genuine adherence to their extraordinarily im- When all these factors are added together, TRIBUTE TO RUTH NUSSBAUM portant task. the bottom line is clear: it is time to consider One of the first acts of the Council was to new federal legislation to protect database de- HON. HOWARD L. BERMAN establish the annual Days of Remembrance velopers against piracy and unfair competition, OF CALIFORNIA commemoration to mirror similar observances and thus encourage continued investment in IN THE HOUSE OF REPRESENTATIVES held in Israel and throughout our nation and the production and distribution of valuable elsewhere in the world. This year, the com- Thursday, May 23, 1996 commercial databases. Such legislation could memoration centered on the 50th anniversary improve the market climate for databases in Mr. BERMAN. Mr. Speaker, I am honored of the Nuremberg trials. The observance was the United States; ensure protection for U.S. today to pay tribute to my good friend Ruth a reminder of the difficult process of first cop- databases abroad on an equitable basis; place Nussbaum, who was a fervent supporter of Is- ing and then healing that all survivors and the United States on the leading edge of an rael even before the founding of the country in their families and loved ones had to endure. emerging international consensus; and provide 1948. She has worked tirelessly and dedicated Our senior colleague, SID YATES, who him- a balanced and measured response to the much of her life to Israel and the Jewish peo- self served with distinction in the Navy in new challenges of cyberspace. The bill I intro- ple. Ruth is a dear friend of my uncle, Jack World War II, delivered a very poignant duce today aims to advance these goals. Shapiro and I have often heard him speak of speech at the ceremony. I was so moved by While copyright, on the Federal level, and her with great affection and respect. Jack and his powerful speech that I invite my colleagues the State contract law underlying licensing his late wife, my aunt Dora had tremendous to take a moment to read his remarks. agreements, remain essential tools for protect- admiration for the work done by Ruth and her THE DAYS OF REMEMBRANCE CANDLE LIGHTING ing the enormous investment in databases late husband, Rabbi Max Nussbaum. CEREMONY from the threat of unfair competition, there are Born in Berlin, Ruth and her family emi- (By Sidney R. Yates) gaps in the protection that can best be filled grated to the United States from Germany in ‘‘The first to perish were the children,’’ by a new Federal statute. The Database In- 1940, as Hitler's plans for the Jews became said poet Yitzshak Katzenelson, himself a vestment and Intellectual Property Antipiracy clear. They settled first in Oklahoma, where victim of the Nazis, and a witness to their Act would prohibit the misappropriation of val- Max was rabbi at Temple Beth Ahava, and destruction. then moved to Los Angeles in September French author, Francois Mauriac who lived uable commercial databases by unscrupulous in occupied France said: ‘‘Nothing I have competitors who grab data collected by others, 1942. Soon after arriving in Los Angeles Max seen during these somber years left so deep a repackage it, and market a product that threat- became rabbi at Temple Israel of Hollywood, mark upon me as those hundreds, of Jewish ens competitive injury to the original database. and Ruth settled into a lifetime of activism. children standing in Austerlitz station.’’ This new Federal protection is modeled in part From her first year in America, she enlisted 15.000 children were sent to Terezin con- on the Lanham Act, which already makes in efforts to save European Jews from the centration camp. Only 100 survived. Jiri Weil similar kinds of unfair competition a civil wrong Nazis. Her goal was getting the Jews to Pal- writes of these children: ‘‘Only the drawings under Federal law. It also draws on some of estine. After World War II, she became in- and the poems—that is all that is left of these children, for their ashes have long the positive elements of the European direc- volved in the movement to lift immigration limi- since sifted across the fields around Ausch- tive, and is intended to be fully consistent with tations in Palestine, and the establishment of witz.’’ the draft international treaty language being Israel as an independent nation. How could any person—kill innocent chil- put forward by our negotiators in Geneva. Im- Following the death of Rabbi Nussbaum in dren—not 1 or 20 or 100—but 1.5 million chil- portantly, this bill maintains existing protec- 1974, Ruth increased her activities on behalf dren were exterminated by the Nazis. tions for databases afforded by copyright and of Israel. She served for many years as Zion- We cannot forget the insane butchery of ist affairs and program chair for the Los Ange- our young. We mourn for them—for their contract rights. It is intended to supplement mothers and fathers and brothers and sis- these legal rights, not replace them. les Chapter of Hadassah, and was chair of Is- ters—and we mourn for ourselves, for having The Database Investment and Intellectual rael Bonds' Women's Division and Advisory lost them. Property Antipiracy Act is a balanced pro- Council. In 1977 she was a founding member Today as we light the candles we will posal. It is aimed at actual or threatened com- of the Association of Reform Zionists of Amer- honor members of the staff who prosecuted petitive injury from misappropriation of ica [ARZA], the Zionist affiliate of the Union of the German leaders at The Nuremberg Trials databases or their contents, not at non-com- American Hebrew Congregations. for crimes unprecedented in human history. petitive uses. The bill contains specific exemp- Ruth has visited Israel at least 20 times, at- Unprecedented, yes, and also unspeakable. As these candles are lighted we remember tions for use of insubstantial portions of tending missions, serving as a delegate to the the victims of Nazi viciousness. databases for any purpose. The bill specifi- World Zionist Congress and visiting her nieces As we light these candles we will be re- cally allows innovators to create their own and nephews. In this way she combines love membering the children whose lives were databases independently, as a result of their for her family with love for her people. snuffed out. own work and investment, as opposed to ``free I ask my colleagues to join me today in hon- There is no punishment adequate for the riding'' on the work and investment of others. oring Ruth Nussbaum, a woman whose self- crimes against the children. There is only our memory to keep them alive—forever. Our goal is to stimulate the creation of even lessness and dedication is a shining example We will Remember the Children. more databases, and to encourage even more for us all. I am proud to be her friend. f competition among them. The bill avoids con- f ferring any monopoly on facts, or taking any ABERCROMBIE GUILD OF CHRIST other steps that might be inconsistent with THE HONORABLE SID YATES AT HOSPITAL HONORED FOR 120 these goals. THE DAYS OF REMEMBRANCE YEARS OF CONTINUOUS SERVICE Some sections of this bill are modeled CEREMONY closely on the non-copyright provisions of H.R. HON. ROBERT MENENDEZ 2441, the NII Copyright Protection Act of HON. TOM LANTOS OF NEW JERSEY 1995, as introduced last fall. As these provi- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES sions in the NII legislation are refined and im- IN THE HOUSE OF REPRESENTATIVES proved in the legislative process, I anticipate Thursday, May 23, 1996 Thursday, May 23, 1996 that conforming changes would be made to Mr. MENENDEZ. Mr. Speaker, I rise today the corresponding provisions of the Database Mr. LANTOS. Mr. Speaker, on April 16, to pay tribute to the Abercrombie Guild of Investment and Intellectual Property Antipiracy Members of Congress, members of the Diplo- Christ Hospital for 120 years of service to the Act as well. matic Corps and hundreds of survivors of the residents of Jersey City. A special ceremony This legislation provides the starting point Holocaust and their friends gathered here in to celebrate the guild's accomplishments will for legislative activity on an important and the Capitol Rotunda for the National Days of be held at the Liberty Science Center on May complex subject. I look forward to hearing the Remembrance commemoration. The United 23, 1996. E892 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 1996 Formerly called the ladies' Hospital Guild, being purchased in trust for the church in July lems for small businesses and their employ- the organization we honor today was formed 1866. ees which are long overdue. Now, those who in 1874 by a group of 20 women. They began In 1968, the church was formally renamed were previously unable to take advantage of by making clothing for the sick children in the the Gratiot Park United Methodist Church. retirement options solely due to their occupa- hospital. As the needs of the hospital The Bluewater area is far different today tion can now. changed, so did the guild. In 1887, the daisy than it was in the times of Fort Gratiot. Where Mr. Speaker, this bill also provides tax in- ward, a pediatrics ward, was established in once pioneers struggled to settle the land, centives for businesses to hire employees on the hospital. Since then, the guild has devoted today Port Huron is a thriving city and a grow- welfare, high-risk youth, qualified veterans or much of its time and efforts to creating a coming center of commerce. But despite decades qualified summer youth employees. I have fortable environment for the children in this of change, the Gratiot Park United Methodist spoken a great deal on this floor about sum- ward. Through the years, the guild has strived Church still stands as a part of our community mer jobs and while I am extremely opposed to to make the lives of the patients and the hos- and part of the lives of our people. Republican efforts to eliminate the Summer pital community a little better. It has seen the deep divisions created by Jobs Program, I am pleased that this provision The guild was incorporated and named after the Civil War and witnessed the inventions of was included. I am gratified to see that the one of the founders and presidents of Christ Thomas Edison. majority party recognizes the fact that these Hospital, Rev. Richard Mason Abercrombie. It has stood through the dawn of the Grant populations sometimes need assistance in ob- As a corporation, the guild is devoted to se- Trunk Railroad and the boom of the shipping taining work and I believe that the work oppor- curing money and supplies for the hospital and lumber industries and the growth of Port tunity tax credit is one more method by which with special care given to the children's ward, Huron. we can give honest people a chance at a job. of which Christ Hospital is particularly proud. And through it all, the church and its con- While these are good initiatives, this bill The funds donated and bequeathed to the gregation have stood as a source of strength does not go far enough. The legislation will guild greatly benefit these children. The mon- and fellowship for the people of our area. allow individuals to deduct up to $5,250 per eys are used to provide the children with the Mr. Speaker, the marker that the Michigan year for employer-provided educational assist- medical attention needed. Historical Center has affixed to this structure is ance for undergraduate tuition, but what about The Guild also provides a number of other a fitting tribute to the Gratiot Park United graduate education? Do not people who pur- valuable services, including a monthly news Methodist Church and a source of great pride sue advanced degrees deserve the same op- letter known as the Daisy and a burial fund for the entire Port Huron community. portunity? This indeed seems like a case of that is administered by the burial committee. I hope that my colleagues will join me in education bigotry. During committee markup of The burial fund provides a final resting place recognizing this important designation. this bill, my Democratic colleague, Mr. LEVIN for impoverished patients who have died in the f tried to address this issue with an amendment hospital. In addition, the chapel committee, to include graduate education. After initially which provides Holy Communion and other re- PERSONAL EXPLANATION agreeing to the amendment, the Republican ligious services, and the sewing committee, Members changed their vote to defeat it. which provides made and mended clothing, HON. ELIOT L. ENGEL Also missing from this bill are pension provi- are the most commonly known features of the OF NEW YORK sions contained within the Gephardt-Daschle guild. IN THE HOUSE OF REPRESENTATIVES proposal which would improve the bill even I ask my colleagues to rise and join me in Thursday, May 23, 1996 further by allowing penalty-fee IRA withdraw- honoring the Abercrombie Guild. The services als for education and training, first home pur- and help the guild has provided the children Mr. ENGEL. Mr. Speaker, I was unavoidably chases, major medical expenses, and during and patients of Christ Hospital are truly ex- absent from rollcall vote 191 due to emer- long-term unemployment. traordinary. gency dental work. Had I been present, I Mr. Chairman, this bill is good and I support f would have voted in the affirmative. it, but it could be and deserves to be better f than it is. HONORING GRATIOT PARK UNITED f METHODIST CHURCH SMALL BUSINESS JOB PROTECTION ACT OF 1996 SMALL BUSINESS PERSON OF THE YEAR HON. DAVID E. BONIOR SPEECH OF OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES HON. SHEILA JACKSON-LEE HON. BART STUPAK Thursday, May 23, 1996 OF TEXAS OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. BONIOR. Mr. Speaker, I rise today to Wednesday, May 22, 1996 pay tribute to the men and women of the Thursday, May 23, 1996 Gratiot Park United Methodist Church in Port Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. STUPAK. Mr. Speaker, it is an honor for Huron, MI. This Sunday, I and many others I rise today to speak in support of H.R. 3448 me to bring to the attention of this body and from Michigan's Bluewater area will gather at and to not only lend my support for it, but to the nation an individual who has truly made a the church to dedicate a marker celebrating also discuss how this legislation is a textbook difference in his local area and who, along the the importance of that structure in the history example of opportunity missed. Mr. Speaker, way, has helped so many others. Mr. Paul R. of our community and our State. while this bill makes several important Argall, President of PCBM Management Com- The origins of the Gratiot Park United Meth- changes to the current law in areas such as pany, Inc., in Ishpeming, Michigan began with odist congregation can be traced back to the pensions, equipment investment, and edu- a dream, a goal, an idea and has molded that time of the construction of Fort Gratiot in cational tax-deductions, there are other into one of the most successful business oper- 1814, and the early days of the church are changes not included which could have made ations in the Upper Peninsula of Michigan. For tied to the growth of the fort. it much better legislation and much better for his efforts, Mr. Argall has been named Michi- Records of the time show that circuit riders the American people. gan Small Business Person of the Year by the regularly traveled through the wilderness to One of the most important issues this bill United States Small Business Administration, preach at Fort Gratiot. Accounts also indicate addresses is that of employee pensions. a honor well deserved. that the early congregation survived a dev- Under this legislation, employees of tax-ex- Mr. Argall first distinguished himself as a astating cholera outbreak in 1832 that nearly empt organizations, will for the first time, be Certified Public Accountant, opening his own wiped out the entire territory. eligible for 401(k) plans. In addition, firms with firm in 1978. Realizing that his home town of In 1859, the Reverend A.E. Ketchum estab- less than 100 workers would be permitted to Ishpeming, like other small communities in the lished a Methodist class at the Fort Gratiot set aside pension funds for workers without Upper Peninsula, was on an economic de- Mission. Brothers ventured to remote areas of satisfying many of the complex reporting cline, Paul moved forward in 1984 by estab- Michigan seeking new members for the com- standards they must now meet for contribu- lishing PCBM Management Company that munity. tions to 401(k) plans. Finally, Mr. Speaker, this formed the foundation for a dream that he be- The site of today's Gratiot Park United bill addresses the needs of union workers lieved would not just provide jobs for so many Methodist Church was first surveyed in 1834, such as construction workers who frequently local residents, but would be the primary and changed ownership several times before change jobs. This legislation corrects prob- source of economic development for the area. May 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E893 The goal was to build a village within the MEMORIAL DAY 1996—ANOTHER Meanwhile, only three million of the twen- city that would include various businesses to VIEWPOINT ty-eight million living veterans actually ac- support local tourism. Following the acquisition cess medical treatment from the veterans medical system. Budget and deficit reduc- in1987 of some 35 acres of land along US±41, HON. BOB FILNER tions and streamlining of the VA programs the first of what would be many new small OF CALIFORNIA through reorganization will adversely im- businesses began with the Pamida Discount IN THE HOUSE OF REPRESENTATIVES pact senior veterans, whose numbers will Center, a 40,000 square foot department store grow as rapidly as their current and future Thursday, May 23, 1996 that created 50 new jobs. A fifty room hotel medical needs explode. and 165 seat restaurant was then added in Mr. FILNER. Mr. Speaker, I rise to place While most veterans are successful and 1989 and the Country Village Plaza began to into the CONGRESSIONAL RECORD the following arise each day to run America, some veter- thoughts by Robert Sniffen, a U.S. Navy vet- ans need help to reintegrate into a civilian take shape. Since then, many new businesses society, as well as to overcome adverse eco- have opened including other restaurants, gro- eran who has served as a veteran's advocate nomic factors. cery stores, a bowling center, banks, laun- for the past 27 years. He has held veteran-re- Thousands, currently in the military, are dromats, bookstores and many other shops. lated positions in the U.S. Department of shifted daily from the military pay line, to PCBM Management itself has grown consid- Labor and in the Center administration. He the unemployment line, becoming a family erably, as well, to now six subsidiaries and is has also served as the national service and ‘‘at risk’’ who, then, may soon become the ‘‘new’’ homeless. recognized in the area a leading real estate legislative director of AMVETS. Currently, Mr. Veterans are being told by the Washington development company. The company has Sniffen is chairman of the board for San Diego beancounters and Congress that veterans grown to over 120 employees who oversee Veterans' Service, a southern California non- must sustain their share of budget cuts. It is annual sales of nearly $3.5 million and in 1994 profit organization dedicated to the needs and believed that most Americans would agree made the Inc. 500 as well as the Michigan pri- concerns of California's veterans. that our veterans ‘‘paid in full’’ at the entry vate 100, a list of the state's fastest growing Memorial Day will soon signal the tradi- and exit doors of military service. tional salute to pay homage, tribute, and As the American public makes way for the companies. Further, in 1995, PCBM was rec- honor to our nation’s men and women who beaches, mountains, and resorts on Memorial ognized by the Michigan Jobs Commission for have made the ultimate sacrifices on behalf Day, veterans and their families will pause its long standing commitment to Michigan and of the freedoms we all enjoy. Beautiful, emo- to salute our fallen heroes. Veteran organi- to Ishpeming. tion charged ceremonies, largely attended by zations and their leaders will ensure that the As good as this company is, it was the fore- veterans and their families, will be encap- tributes occur as their solemn duty. It is sight of and guidance by Paul Argall that has sulated into micro-second broadcast news these Americans who will give appropriate thought to the survivors and non-survivors. provided the foundation for its growth. A clips and short print articles including photos for public consumption. All Americans should give greater reflection strong family man, an active member of his For those who deal daily with the survi- to questioning our nation’s commitment, to church and other charitable organizations, vors of military service, Memorial Day is those who have contributed most to Ameri- Paul deserves not just the title of Small Busi- also an appropriate date on which to inform ca’s ongoing survival. ness Person of the Year, but the thanks of so and educate the public as to the status of the Many this Memorial Day will be asking, many people in the Ishpeming area. needs, issues, and concerns of veterans who ‘‘Why has the contract with America’s veter- have survived military service. ans been broken?’’ ‘‘How do we reinstate ade- Mr. Speaker, on behalf of the Ishpeming quate programs for veterans in a country area, the Upper Peninsula and the entire state To date, potential legislation is floating upward in Congress to establish a Commis- that now seems to approve the popular no- of Michigan, I congratulate Mr. Paul Argall and sion to evaluate programs of the federal gov- tion of budget cuts, even at great expense to PCBM Management Company on a job well ernment that assist members of the armed those who served, survived, and now, more done. forces and veterans in readjusting to civilian than ever, need our help?’’ life. It will be known as the ‘‘Commission on America is Number One, Thanks to Veter- ans, and other governmental agency slogans, f Service Members and Veterans Transition such as Putting Veterans First are again Assistance’’. Of the hundreds of pages of vet- singing, ‘‘When Johnny Comes Marching RECOGNIZING JAMES R. NUNES eran legislation introduced before Congress, Home,’’ while the budget cut ‘‘ax murderers’’ this ‘‘Commission on Veterans’’ is the most blindly cut veterans’ programs. HON. BILL BAKER vital. Veteran organizations and veteran ad- Thus, wherever one finds themselves this vocates must hold both presidential can- Memorial Day, these are thoughts worth OF CALIFORNIA didates responsible for obtaining such a com- considering—and acting upon. As Memorial IN THE HOUSE OF REPRESENTATIVES mitment, before the November elections. Day proceeds, veterans not active in a veter- Veterans must demand action now, or this Thursday, May 23, 1996 an’s organization may wish to consider mem- landmark legislation will never see the light bership in a group of their choice, and Mr. BAKER of California. Mr. Speaker, for of day. thought should be given as to methods of cit- If fully enacted, the Commission will con- more than three decades, James R. Nunes izen support for veteran programs, i.e., duct a bottom-up review of programs in- through volunteer participation, assistance has served as an officer of the law. Since tended to assist veterans. Veteran advocates 1979, he has been chief of the Pleasant Hill, with monetary needs for local veteran orga- view this potential landmark legislation as a nizations that serve veterans, and letting the CA Police Department in my home district. G.I. Bill of Rights review, as well as the appropriate political leaders know that vet- Now, after 37 years as a police officer, first reading of the fine print that violates the Sa- eran programs should be the first saved—and with the military and then with three different cred Government Contract made with each the last cut—in current and future budget cities, he is retiring from the force. military inductee. Those who support vet- considerations. eran entitlements should contact their Con- We need to remember those men and Throughout his career, Chief Nunes has gressional representatives and seek their worked to make our streets safer, our commu- women who are in eminent danger in Bosnia, support in creating this new Commission, Korea, Liberia and other potential conflict nities stronger, and our children's future bright- which will evaluate and upgrade the earned sites for future veterans that will need to be er. He knows the meaning of long nights, hard entitlements of our military personnel and honored at future Memorial Day ceremonies. work, and personal sacrifice. His many com- our veterans. Amidst the flood of broadcast and news- munity activities further reflect his commitment Across America, our military personnel paper media of the business world’s ‘‘trib- to the citizens of the East Bay, and are indic- and veterans are disproportionately suffering ute’’ to another holiday sales/marketing op- ative of his devotion to the building of a better the ill effects of military down-sizing, base portunity, American needs to ‘‘refocus’’ its closures, industry collapses in the defense society. moral compass, directly upon those political and aerospace industries, and corporate leaders and candidates, to determine who Those who work for public safety know that down-sizing to increase profits. Military will recognize and reverse the governmental a secure society does not come cheaply. It is families and veterans are receiving food failures over the many years before the next the product of vigilance, perseverance, and stamps; homeless veterans continue to roam veteran-related holiday arrives in November foresight. These are the qualities that have the streets they fought to protect; thousands of this year. typified Chief Nunes' service. It is my sincere of fully qualified veterans are grossly dis- Memorial Day 1996 is, indeed, an excellent hope that Chief Nunes will enjoy a well-de- advantaged economically, facing the ravages occasion to remind ourselves that this year of unemployment and under-employment. we should salute our fallen dead and also pay served retirement from the force. His contribu- Still others are shut out of the market place a living tribute to those who did survive— tions have been both formidable and enduring, due to lack of re-training. There is little call only to return at a time when most Ameri- and I know all of my colleagues will join me for infantry or weapons skills in the high- cans had lost respect and support for those in wishing him every good thing in the days tech information era. Training and re-train- who make democracy possible, worldwide ahead. ing veterans must be a top priority. and locally. E894 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 1996 Thoughts, ideas, suggestions, and rejoin- and local taxes but don't see the returns for response to rising gasoline prices is politically ders that ‘‘Freedom is not Free’’ is designed their investment. In fact, May 7, just two motivated as well. This is a superficial, cos- to provoke countrymen to take positive weeks ago, marked ``National Tax Freedom metic action which will do nothing to truly addition to reverse the demise of the importance of protecting, rather than slashing Day'' where people stopped handing over their lower gasoline prices. costs—that are the aftermath of this Memo- paycheck to Uncle Sam and started working Furthermore, I strongly believe that neither for themselves. Clearly, tax relief is important, rial Day * * * and future Memorial Days to Congress nor the President should be in the come. necessary, and well deserved. Let us all utilize this sacred, heartfelt day I do not support the 1993 decision to raise business of regulating gasoline prices, just like of tribute as the starting point in reinitiat- gasoline taxes 4.3 cents a gallon to finance ir- the federal government should not regulate ing dedication to keeping our commitments responsible government spending. Dollars col- the price of other commodities like wheat, to veterans and their families, by insisting corn, or sugar. Instead, the market should be that government revitalize, not kill veter- lected from fuel taxes should be spent only on infrastructure, not on pet projects or wasteful, allowed to function. History shows that fuel an’s programs, as Memorial Day 1996 ap- prices traditionally rise in the spring but fall proaches. duplicative federal programs. It stand to rea- The very future of America may depend son that ideally, the gas tax should be re- and level out after a few weeks. 1996 is no upon these veteran-related issues. pealed. different. Already, consumers are watching f But it troubles me that tax reliefÐin this prices go down, although not as quickly as case, repealing the gas taxÐhas become a they might like. REPEALING THE 4.3 CENT political football. I do not believe people will GASOLINE TAX Mr. Speaker, had I been able to cast my truly benefit from this token gesture. I question vote on this piece of legislation, I would have HON. TOM A. COBURN the timing of the gas tax repeal: if gas taxes voted ``no.'' I cannot support a politically moti- were too high, why didn't Congress attempt to vated tax cut which will not significantly aid the OF OKLAHOMA repeal them six months ago, when the price of IN THE HOUSE OF REPRESENTATIVES American consumer. This is a tax cut package gasoline was at an all-time low? I find it curi- tied up with pretty ribbonsÐbut when the tax- Thursday, May 23, 1996 ous that this issue has only been addressed payers open it, they see an empty box, not the Mr. COBURN. Mr. Speaker, due to cir- during an election year . . . and if repeal of true savings Congress has promised. cumstances beyond my control, I was not the tax is truly necessary, then why is it tem- I feel this is another example of election- physically able to cast my vote for H.R. 3415, porary? Shouldn't tax relief last beyond the which repealed the 4.3 cent gasoline tax im- 1996 elections? And how are we planning to year politics, not genuine reform. I want to tell plemented in 1993. At this time, I would like to address the loss of revenue to the federal the people of Oklahoma's second district that take this opportunity to submit my opinion on treasury? Auctioning the spectrum is neither a Congress reduced their tax burden, but I want this issue for the record. real nor a responsible option. The criteria for them to be able to see the difference in their Tax reliefÐin order to be truly effectiveÐ tax cutsÐmeaningful relief which is paid forÐ bankbook at the end of the month. I cannot must do two things. First, it must be meaning- have not been met. vote for a gimmick which makes politicians ful relief; people must be able to reap the ben- While I disagree with H.R. 3415, I am also look good but doesn't actually help the people efits of Congress' actions. Second, it must be opposed to the Administration's ``solution.'' who put them in office. I don't believe that paid for with real dollars, not with creative Selling 12 million barrels of oil from the Strate- temporarily repealing the 1993 gasoline tax bookkeeping or irresponsible offsets. gic Petroleum Reserve won't lower gasoline will do much to lift the tax burden from the I am committed to tax relief. The American pricesÐin fact, it will COST the American tax- shoulders of the American people; therefore I people are overburdened with federal, state, payers $144 million dollars. The President's cannot support it. Thursday, May 23, 1996 Daily Digest

HIGHLIGHTS Senate passed Congressional Budget Resolution. Senate States Government for fiscal year 1997 and setting Chamber Action forth appropriate budgetary levels for fiscal years Routine Proceedings, pages S5507–S5633 1998, 1999, 2000, 2001, and 2002, after striking all Measures Introduced: Twenty-six bills and four after the resolving clause and inserting in lieu there- resolutions were introduced, as follows: S. of the text of S. Con. Res. 57, Senate companion 1796–1821, S. Res. 256, and S. Con. Res. 60–62. measure, and after taking action on amendments Pages S5566±67 proposed thereto, as follows: Pages S5508±51 Measures Reported: Reports were made as follows: Adopted: S. 39, to amend the Magnuson Fishery Conserva- Thompson Amendment No. 3981, to express the tion and Management Act to authorize appropria- sense of the Senate on the funding levels for the tions, to provide for sustainable fisheries, with an Presidential Election Campaign Fund. Page S5510 amendment in the nature of a substitute. (S. Rept. Domenici (for Faircloth) Amendment No. 4023, No. 104–276) to express the sense of the Senate that any com- H.R. 1880, to designate the United States Post prehensive legislation sent to the President that bal- Office building located at 102 South McLean, Lin- ances the budget by a certain date and that includes coln, Illinois, as the ‘‘Edward Madigan Post Office welfare reform provisions shall also contain to the Building’’. maximum extent possible a strategy for reducing the H.R. 2262, to designate the United States Post rate of out-of-wedlock births and encouraging family Office building located at 218 North Alston Street formation. Page S5516 in Foley, Alabama, as the ‘‘Holk Post Office Build- Exon (for Biden) Amendment No. 4037, to pro- ing’’. vide for the Senate’s support for Federal, State and H.R. 2704, to provide that the United States Post local law enforcement. Pages S5516±18 Office building that is to be located on the 2600 Harkin (for Specter) Amendment No. 4012, to re- block of East 75th Street in Chicago, Illinois, shall store funding for education, training, and health pro- be known and designated as the ‘‘Charles A. Hayes grams to a Congressional Budget Office freeze level Post Office Building’’. for fiscal year 1997 through an across the board re- H.R. 2980, to amend title 18, United States duction in Federal administrative costs. Code, with respect to stalking. Page S5566 Pages S5508±09, S5518±19 Measures Passed: By 76 yeas to 24 nays (Vote No. 153), Domenici Modified Amendment No. 4027 (to Amendment Adjournment Resolution: Senate agreed to S. No. 4012), to adjust the fiscal year 1997 non-de- Con. Res. 60, providing for a conditional adjourn- fense discretionary allocation to the Appropriation ment or recess of the Senate and the House of Rep- Committee by $5 billion in budget authority and $4 resentatives. Page S5519 billion in outlays to sustain 1996 post-OCRA policy. Production of Committee Records: Senate agreed Pages S5518±19 to S. Res. 256, to authorize the production of By 57 yeas to 43 nays (Vote No. 154), Exon (for records by the Select Committee on Intelligence. Roth) Amendment No. 4025, to express the sense of Page S5632 the Senate regarding the funding of Amtrak. Congressional Budget: By 53 yeas to 46 nays Pages S5519±20 (Vote No. 156), Senate agreed to H. Con. Res. 178, Domenici (for McCain) Amendment No. 4022, to establishing the congressional budget for the United express the sense of the Senate regarding Spectrum D523 D524 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 1996 auctions and their effect on the integrity of the consent agreement, a vote on the cloture motion will budget process. Pages S5516, S5533±38 occur on Tuesday, June 4, 1996. Page S5627 Rejected: Committee Authority: All committees were author- Bumpers Amendment No. 4014, to eliminate the ized to file executive and legislative reports during defense firewalls. (By 57 yeas to 41 nays (Vote No. the adjournment of the Senate on Wednesday, May 147), Senate tabled the amendment.) Pages S5510±11 29, 1996, from 11 a.m. until 2 p.m. Page S5632 Simpson (for Kerrey) Amendment No. 4016, to Messages From the President: Senate received the express the sense of the Senate on long term entitle- following messages from the President of the United ment reforms. (By 63 yeas to 36 nays (Vote No. States: 149), Senate tabled the amendment.) Page S5512 Transmitting, a draft of proposed legislation enti- By 46 yeas to 53 nays (Vote No. 150), Chafee/ tled ‘‘The Retirement Savings and Security Act’’; to Breaux Amendment No. 4018, in the nature of a the Committee on Finance. (PM–150). substitute. Pages S5512±15 Pages S5564±65 Feingold Amendment No. 3969, to eliminate the tax cut. (By 57 yeas to 43 nays (Vote No. 151), Sen- Nominations Received: Senate received the follow- ate tabled the amendment.) Pages S5515±16 ing nominations: By 45 yeas to 54 nays (Vote No. 155), Byrd Jeanne Givens, of Idaho, to be a Member of the Amendment No. 4040, to improve our water and Board of Trustees of the Institute of American In- sewer systems, national parks and Everglades, to be dian and Alaska Native Culture and Arts Develop- offset by closing corporate loopholes and changes in ment for a term expiring October 18, 2002. tax expenditures. Pages S5521±25 Keith R. Hall, of Maryland, to be an Assistant Withdrawn: Secretary of the Air Force. Murkowski Amendment No. 4041 (to Amend- Kerri-Ann Jones, of Maryland, to be an Associate ment No. 4022), to express the sense of the Senate Director of the Office of Science and Technology Policy. regarding the filing of a legal brief. Pages S5533±38 During consideration of this measure, Senate also Gerald S. McGowan, of Virginia, to be a Member took the following action: of the Board of Directors of the Overseas Private In- vestment Corporation for a term expiring December By 57 yeas 41 nays (Vote No. 148), three-fifths 17, 1998. of those Senators duly chosen and sworn, Senate re- Pete Peterson, of Florida, to be Ambassador to the jected a motion to waive the Congressional Budget Socialist Republic of Vietnam. Act of 1974 with respect to consideration of Mur- Franklin D. Raines, of the District of Columbia, kowski Amendment No. 4015, to prohibit sense of to be Director of the Office of Management and the Senate amendments from being offered to the Budget. budget resolution. Subsequently, a point of order J. Davitt McAteer, of West Virginia, to be Solici- that the amendment was in violation of section tor for the Department of Labor. 305(b) of the Congressional Budget Act was sus- Jerry M. Melillo, of Massachusetts, to be an Asso- tained, and the amendment thus fell. Pages S5511±12 ciate Director of the Office of Science and Tech- By 53 yeas to 47 nays (Vote No. 152), upon ap- nology Policy. peal, Senate upheld a ruling of the Chair which John Stern Wolf, of Maryland, a Career Member failed to sustain a point of order that the resolution, of the Senior Foreign Service, Class of Minister- as drafted, did not constitute a ‘‘budget resolution’’. Counselor, for the rank of Ambassador during his Page S5516 tenure of service as U.S. Coordinator for Asia Pacific Senate insisted on its amendment, requested a Economic Cooperation (APEC). conference with the House thereon, and the Chair Heidi H. Schulman, of California, to be a Member was authorized to appoint the following conferees: of the Board of Directors of the Corporation for Pub- Senators Domenici, Grassley, Nickles, Gramm, lic Broadcasting for a term expiring January 31, Bond, Gorton, Exon, Hollings, Johnston, and Lau- 2002. Page S5633 tenberg. Pages S5538, S5550 Subsequently, S. Con. Res. 57 was returned to the Messages From the President:– Pages S5564±65 Senate calendar. Page S5550 Messages From the House:– Page S5565 Defend America Act—Cloture Filed: A motion Measures Referred:– Page S5565 was entered to close further debate on the motion to Measures Placed on Calendar:– Page S5565 proceed to the consideration of S. 1635, to establish a United States policy for the deployment of a na- Communications:– Pages S5565±66 tional missile defense system and, by unanimous- Executive Reports of Committees:– Page S5566 May 23, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D525 Statements on Introduced Bills:– BUSINESS MEETING Pages S5567±S5600 Committee on the Judiciary: Committee ordered favor- Additional Cosponsors:– Pages S5600±01 ably reported the following business items: Amendments Submitted:– Pages S5603±10 S. 483, to amend Federal copyright provisions regarding preemption of laws concerning duration of Notices of Hearings:– Page S5610 copyrights, with an amendment in the nature of a Authority for Committees:– Pages S5610±11 substitute; Additional Statements:– Pages S5611±23 H.R. 2980, to prohibit and prescribe penalties for interstate stalking; and Notice of Proposed Rulemaking:– Pages S5552±56 The nomination of J. Rene Josey, to be a United Record Votes: Ten record votes were taken today. States Attorney for South Carolina. (Total–156) RESPONSIBLE FATHERHOOD Pages S5511±12, S5515±16, S5518±20, S5525, S5538 Committee on Labor and Human Resources: Subcommit- Adjournment: Senate convened at 12 noon, and ad- tee on Children and Families held hearings to exam- journed at 7:46 p.m., until 11:30 a.m., on Friday, ine initiatives to encourage responsible fatherhood, May 24, 1996. receiving testimony from Wade F. Horn, National Fatherhood Initiative, Lancaster, Pennsylvania; David Committee Meetings Popenoe, Rutgers University, New Brunswick, New Jersey; Charles Ballard, National Institute for Re- (Committees not listed did not meet) sponsible Fatherhood and Family Development, Washington, D.C.; and Randy Phillips, Promise- APPROPRIATIONS—U.N./USIA Keepers, Boulder, Colorado. Committee on Appropriations: Subcommittee on Com- Hearings were recessed subject to call. merce, Justice, State, the Judiciary and Related Agencies concluded hearings on proposed budget es- VETERANS BENEFITS PROGRAMS timates for fiscal year 1997, after receiving testimony Committee on Veterans Affairs: Committee concluded in behalf of funds for the United Nations from Mad- hearings on proposed legislation to provide a cost- eleine K. Albright, United States Representative to of-living adjustment in rates of disability compen- the General Assembly of the United Nations; and in sation and dependency and indemnity compensation, behalf of funds for the United States Information S. 281, to change the date for the beginning of the Agency from Joseph Duffey, Director, United States Vietnam Era for the purpose of veterans benefits Information Agency; and David Burke, Chairman, from August 5, 1964 to December 22, 1961, S. 749, Broadcasting Board of Governors, Department of to revise the authority relating to the Center for Mi- State. nority Veterans and the Center for Women Veterans of the Department of Veterans Affairs, S. 993, to APPROPRIATIONS—CBO/CAPITOL POLICE provide for cost-savings in the housing loan program Committee on Appropriations: Subcommittee on Legisla- for veterans, and to limit cost-of-living increases for tive Branch held hearings on proposed budget esti- Montgomery GI bill benefits, S. 994, to clarify the mates for fiscal year 1997 for certain activities of the eligibility of certain minors for burial in national Legislative Branch, receiving testimony from June E. cemeteries, S. 995, to restrict payment of a clothing O’Neill, Director, Congressional Budget Office; and allowance to incarcerated veterans, S. 996, Veterans’ Howard O. Green, Jr., Senate Sergeant-at-Arms, Insurance Reform Act, S. 1131, to authorize the pro- Gary Albrecht, Chief, Capitol Police, and Wilson vision of financial assistance to insure that financially Livingood, Chairman, Capitol Police Board, all on needy veterans receive legal assistance in connection behalf of the United States Capitol Police. with proceedings before the U.S. Court of Veterans Subcommittee will meet again on Friday, June 14. Appeals, S. 1342, to authorize the Secretary of Vet- erans Affairs to make loans to refinance loans made APPROPRIATIONS—EPA to veterans under the Native American Veterans Di- Committee on Appropriations: Subcommittee on VA, rect Loan Program, S. 1711, to establish a commis- HUD, and Independent Agencies held hearings on sion to evaluate the programs of the Federal Govern- proposed budget estimates for fiscal year 1997 for ment that assist members of the Armed Forces and the Environmental Protection Agency, receiving tes- veterans in readjusting to civilian life, S. 1748, to timony from Carol M. Browner, Administrator, permit the Secretary of Veterans Affairs to reorganize EPA. the Veterans Health Administration, S. 1749, to Subcommittee recessed subject to call. make technical changes in certain provisions relating D526 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 1996 to construction-project terminology, S. 1750, to Affairs; and John R. Vitikacs, American Legion, modify disbursement agreement authority to include Dennis Cullinan, Veterans of Foreign Wars, Richard residents and interns serving in any VA facility pro- F. Schultz, Disabled American Veterans, Russell W. viding hospital care or medical services, S. 1751, to Mank, Paralyzed Veterans of America, Carl F. Stout, revise the procedure for providing claimants and Vietnam Veterans of America, Maura Farrell Miller, their representatives with copies of Board of Veter- Nurses Organization of Veterans Affairs, Samuel V. ans’ Appeals decisions, S. 1752, to exempt full-time Spagnolo, National Association of VA Physicians and registered nurses, physician assistants, and expanded- Dentists, Keith D. Snyder, National Organization of function dental auxiliaries from restriction on remu- Veterans Advocates, and David B. Isbell, Veterans nerated outside professional activities, S. 1753, to Consortium Pro Bono Program, all of Washington, suspend a special pay agreement for physicians and D.C. dentists who enter residency training programs, and IRANIAN ARMS SHIPMENTS TO BOSNIA Titles II and III of H.R. 2289, Veterans Housing, Select Committee on Intelligence: Committee resumed Employment Programs, and Employment Rights hearings to examine United States policy with regard Benefits Act, after receiving testimony from Frank to Iranian and other arms transfers to Bosnia, receiv- Q. Nebeker, Chief Judge, United States Court of ing testimony from Strobe Talbott, Deputy Secretary Veterans Appeals; Charles L. Cragin, Chairman, of State. Board of Veterans’ Appeals, Department of Veterans Committee recessed subject to call. May 23, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D527 House of Representatives that employers pay the difference between the base Chamber Action salary plus tips earned and the minimum wage, and Bills Introduced: 18 public bills, H.R. 3518–3535; establishes an opportunity wage of $4.25 for newly and 2 resolutions, H. Con. Res. 181, and H. Res. hired employees under 20 years of age for the first 441 were introduced. Pages H5569±70 ninety days of employment and prohibits employees Reports Filed: Reports were filed as follows: from displacing workers in order to hire employees H.R. 3517, making appropriations for military at this wage (agreed to by a yea-and-nay vote of 239 construction, family housing, and base realignment yeas to 188 nays, Roll No. 193). Pages H5533±43 and closure for the Department of Defense for fiscal Rejected: year ending September 30, 1997 (H. Rept. Pursuant to H. Res. 440, on the division of the 104–591); question on the Goodling amendment, subsection H.R. 2531, to amend the Fair Labor Standards 3(d) that sought to exempt certain employees of Act of 1938 to clarify the exemption for small firms with gross sales of less than $500,000 houseparents from the minimum wage and maxi- that handle products which cross state lines (rejected mum hours requirements of that Act, amended (H. by a recorded vote of 196 ayes to 229 noes, Roll No. Rept. 104–592); 194). Page H5543 H.R. 3060, to implement the protocol on Envi- Agreed to amend the title. Page H5544 ronmental Protection to the Antarctic Treaty (H. Pursuant to section 4 of H. Res. 440, the text of Rept. 104–593 Part I); and H.R. 1227 was appended to the engrossment of Report on the Subdivision of Budget Totals for H.R. 3448, and H.R. 1227 was laid on the table. Fiscal Year 1997 (H. Rept. 104–594). Page H5569 Page H5544 Speaker Pro Tempore: Read a letter from the Speaker wherein he designates Representative Walk- Legislative Program: The Majority Leader an- er to act as Speaker pro tempore for today. nounced the legislative program for May 27. Pages H5544±45 Page H5503 Employee Commuting Flexibility: By a recorded Calendar Wednesday: Agreed to dispense with Cal- vote of 281 ayes to 144 noes, Roll No. 195, the endar Wednesday business of May 29. Page H5545 House passed H.R. 1227, to amend the Portal-to- Resignations and Appointments: It was made in Portal Act of 1947 relating to the payment of wages order that, notwithstanding any adjournment of the to employees who use employer owned vehicles. House until Wednesday, May 29, the Speaker and Pages H5503±44 the Minority Leader be authorized to accept resigna- Agreed To: tions and to make appointments authorized by law The Riggs amendment that increases the mini- or by the House. Page H5545 mum wage to $4.75 on July 1, 1996 and $5.15 on July 1, 1997 (agreed to by a recorded vote of 266 Extensions of Remarks: It was made in order that, ayes to 162 noes, Roll No. 192). Pages H5511±33 for today all members be permitted to extend their Earlier, a point of order, under section 425(a) of remarks and to include extraneous material in that the Budget Act, against the Riggs amendment was section of the Record entitled ‘‘Extensions of Re- resolved by the decision of the House on the ques- marks’’. Page H5545 tion of consideration pursuant to section 426(b)(3) of Designation of Speaker Pro Tempore: Read a let- the Budget Act. The point of order asserted that the ter from the Speaker wherein he designates Rep- proposed amendment constituted an unfunded inter- resentative Walker to act as Speaker pro tempore to governmental mandate. By a yea-and-nay vote of 267 sign enrolled bills and joint resolutions through yeas to 161 nays, Roll No. 191, the House voted to Wednesday, May 29. Page H5545 consider the Riggs amendment. Pages H5511±15 Pursuant to H. Res. 440, on the division of the Presidential Message: Read a message from the question on the Goodling amendment, agreed to the President wherein he transmits his proposed legisla- remainder of section 3, that exempts computer pro- tion on the Retirement Savings and Security Act— fessionals who earn $27.63 or more per hour from referred to the Committees on Ways and Means, the FLSA overtime provisions, requires employers to Economic and Educational Opportunities, and Trans- pay their employees who receive tips, at a minimum, portation and Infrastructure and ordered printed (H. $2.13 per hour while maintaining the requirement Doc. 104–221). Page H5553 D528 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 1996 District Work Period: House agreed to S. Con. monitoring of food-borne pathogens by the Centers Res. 60, providing for the adjournment of the two for Disease Control and Prevention and the FDA. Houses—clearing the measure. Page H5553 Testimony was heard from the following officials of Senate Message: Messages received from the Senate the Department of Health and Human Services; today appear on page H5552. David Satcher, M.D., Director, Centers for Disease Control and Prevention; and Fred Shank, Director, Quorum Calls—Votes: Two yea-and-nay votes and Center for Food Safety and Applied Nutrition, FDA; three recorded votes developed during the proceed- Glenn Morris, M.D., Director, Epidemiology and ings of the House today and appear on pages Emergency Response Programs, Food Safety and In- H5514–15, H5533, H5542–43, H5543, and spection Service, USDA; Robert A. Robinson, Direc- H5543–44. There were no quorum calls. tor, Food and Agriculture Issues Area, GAO; and Adjournment: Met at 9 a.m. and pursuant to the public witnesses. provisions of S. Con. Res. 60, adjourned at 5:27 p.m., until 2 p.m. on Wednesday, May 29. NATIONAL DRUG CONTROL POLICY Committee on Government Reform and Oversight: Sub- Committee Meetings committee on National Security, International Af- fairs, and Criminal Justice held a hearing on Na- MILITARY CONSTRUCTION tional Drug Control Policy: The Decline of Interdic- APPROPRIATIONS AND BUDGET tion Efforts in the Caribbean. Testimony was heard ALLOCATIONS from Jess Ford, Associate Director, International Af- Committee on Appropriations: Ordered reported the fairs and Trade Issues, GAO; and the following offi- Military Construction appropriations for fiscal year cials of the U.S. Coast Guard, Department of Trans- 1997. portation: Adm. Robert Krarnek, Commandant; The committee also approved a section 602(b) Comdr. Arthur Brooks, Commanding Officer, Cutter budget allocation report for fiscal year 1997. Seneca; Lt. Kristine Horvath, Air Craft Comdr., Air FOREIGN OPERATIONS, EXPORT Station, Miami, Florida; Lt. Gen. Glenn Gebele, Air FINANCING AND RELATED PROGRAMS Craft Comdr., Air Station, Clearwater, Florida; and Lt. Greg Sanial, Commanding Officer, Cutter Attu. Committee on Appropriations: On May 22nd, the Sub- committee on Foreign Operations, Export Financing AMERICAN FOLKLIFE PRESERVATION ACT; and Related Programs approved for full Committee COMMITTEE BUSINESS action the Foreign Operations, Export Financing and Committee on House Oversight: Ordered reported H.R. Related Programs appropriations for fiscal year 1997. 3491, to repeal the American Folklife Preservation DEFENSE APPROPRIATIONS Act. Committee on Appropriations: Subcommittee on Na- The Committee also approved pending Committee tional Security met in executive session and approved business. for full Committee action the Defense appropriations BILINGUAL VOTING REQUIREMENTS for fiscal year 1997. REPEAL ACT REINVENTING DOWNSIZING Committee on the Judiciary: Subcommittee on the Con- Committee on Government Reform and Oversight: Sub- stitution approved for full Committee action amend- committee on Civil Service held a hearing on Re- ed H.R. 351, Bilingual Voting Requirements Repeal inventing Downsizing or Downsizing the Reinven- Act. tion. Testimony was heard from the following offi- FEDERAL LAW ENFORCEMENT cials of the GAO: Timothy P. Bowling, Associate Director, Workforce Management Issues; and John Committee on the Judiciary: Subcommittee on Crime H. Luke, Deputy Assistant Comptroller General, held a hearing on the Nature, Extent, and Prolifera- Human Resources; John A Koskinen, Deputy Direc- tion of Federal Law Enforcement—Part II: State and tor, Management, OMB; James B. King, Director, Local Law Enforcement Perspectives. Testimony was OPM; and P. Patrick Leahy, Chief Geologist, U.S. heard from Jane Brady, Attorney General, State of Geological Survey, Department of the Interior. Delaware; and public witnesses. MONITORING FOOD-BORNE PATHOGENS MISCELLANEOUS MEASURES Committee on Government Reform and Oversight: Sub- Committee on the Judiciary: Subcommittee on Immi- committee on Human Resources and Intergovern- gration and Claims approved for full Committee ac- mental Relations held an oversight hearing on the tion H.R. 740, to confer jurisdiction on the U.S. May 23, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D529

Court of Federal Claims with respect to land claims Becerra; Jane Ross, Director, Income Security Issues, of Pueblo of Isleta Indian Tribe. GAO; Bruce Wagstaff, Deputy Director, Depart- The Subcommittee also met and considered pri- ment of Social Services, State of California; Marilyn vate immigration and claims bills. Ray Smith, Associate Deputy Commissioner and COMMITTEE BUSINESS Chief Legal Counsel, Department of Revenue Child Support Enforcement, State of Massachusetts; Jeffrey Committee on Standards of Official Conduct: Met in ex- Cohen, Director, Office of Child Support, State of ecutive session to consider pending business. Vermont; and public witnesses. MISCELLANEOUS MEASURES; FDA CONSOLIDATION Joint Meetings Committee on Transportation and Infrastructure: Sub- committee on Public Buildings and Economic De- ADMINISTRATION OF PRESIDIO velopment approved for full Committee action the PROPERTIES following: H. Con. Res. 172, authorizing the 1996 Conferees met to resolve the differences between the Summer Olympic Torch Relay to be run through Senate- and House-passed versions of H.R. 1296, to the Capitol Grounds; H.R. 3186, to designate the provide for the administration of certain Presidio Federal building located at 1655 Woodson Road in properties at minimal cost to the Federal taxpayer, Overland, MO, as the ‘‘Sammy L. Davis Federal but did not complete action thereon, and recessed Building;’’ H.R. 3364, amended, to designate a U.S. subject to call. Courthouse in Scranton, PA, as the ‘‘William J. Nealon United States Courthouse;’’ and H.R. 3400, WORKFORCE DEVELOPMENT ACT amended, to designate the United States courthouse Conferees continued to resolve the differences between to be constructed at a site on 18th Street between the Senate- and House-passed versions of H.R. 1617, Dodge and Douglas Streets in Omaha, NE, as the to consolidate Federal employment training, voca- ‘‘Roman L. Hruska United States Courthouse.’’ tional education, and adult education programs and Prior to this action, the Subcommittee held a create integrated, statewide workforce development hearing on these measures. Testimony was heard systems, but did not complete action thereon, and from Representatives McDade and Barrett of Ne- recessed subject to call. braska; and a public witness. f The Subcommittee also held a hearing on FDA Consolidation. Testimony was heard from Represent- COMMITTEE MEETINGS FOR FRIDAY, ative Morella; William Lawson, Assistant Regional MAY 24, 1996 Administrator, National Capitol Region, GSA; Shar- Senate on Smith Holston, Assistant Commissioner, External No meetings are scheduled. Affairs, FDA, Department of Health and Human Services; and public witnesses. House WELFARE REFORM Committee on Rules, Subcommittee on Rules and Organi- zation of the House, hearing on Legislating in the 21st Committee on Ways and Means: Subcommittee on Century Congress: Assessing the Impact of Information Human Resources concluded hearings on welfare re- Technology on the Legislative Process, 10 a.m., 2318 form. Testimony was heard from Representative Rayburn. D530 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Friday, May 24 2 p.m., Wednesday, May 29

Senate Chamber House Chamber Program for Friday: Senate will conduct routine morn- Program for Wednesday: Consideration of H.R. 3322, ing business. (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Coburn, Tom A., Okla., –E894 Gillmor, Paul E., Ohio, –E888 DeLauro, Rosa L., Conn., –E890 Jackson-Lee, Sheila, Tex., –E892 Baker, Bill, Calif., –E893 Engel, Eliot L., N.Y., –E889, E892 LaFalce, John J., N.Y., –E885 Berman, Howard L., Calif., –E888, E891 Filner, Bob, Calif., –E893 Lantos, Tom, Calif., –E887, E888, E891 Bonior, David E., Mich., –E889, E892 Foglietta, Thomas M., Pa., –E889 Menendez, Robert, N.J., –E888, E891 Bunn, Jim, Ore., –E889 Ganske, Greg, Iowa, –E890 Moorhead, Carlos J., Calif., –E890 Chenoweth, Helen, Idaho, –E890 Gibbons, Sam, Fla., –E889 Stupak, Bart, Mich., –E892

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