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

Vol. 141 WASHINGTON, WEDNESDAY, MARCH 29, 1995 No. 58 House of Representatives

The House met at 11 a.m. REPUBLICAN CONTRACT WITH proper for Members to be wearing f AMERICA badges during 1-minutes and the rule, accordingly. PRAYER (Mr. KINGSTON asked and was given permission to address the House for 1 The SPEAKER. The Chair will state The Chaplain, Rev. James David minute and to revise and extend his re- under a previous ruling it is not appro- Ford, D.D., offered the following pray- marks.) priate for Members to wear badges er: Mr. KINGSTON. Mr. Speaker, our when they are addressing Members of We pray, O gracious God, that we will Contract With America states the fol- the House, and would ask all Members be given the insight and the wisdom to lowing: to take note of that ruling. see clearly what needs to be seen, to On the first day of Congress, a Re- Mr. FOGLIETTA. I thank the Speak- hear what needs to be heard, to under- publican House will require Congress to er. stand what needs to be understood, so live under the same laws as everyone that we will truly be the servants of else. We promise to cut the congres- f the people by doing justice and loving sional budget. And we have. mercy. Give us patience, we pray, that Next we passed a balanced budget APPOINT AN INDEPENDENT before we speak or act or judge, we amendment, legislation on unfunded COUNSEL hear Your word of strength, com- mandates, and a line-item veto. We (Mr. DOGGETT asked and was given prehend the issues presented and the have kept these promises. permission to address the House for 1 values involved, and then act for the We also promised to pass a new crime minute.) good of every person. Bless us, O loving package that would take violent crimi- Mr. DOGGETT. Mr. Speaker, a dark God, this day and every day, we pray. nals off our streets; a National Secu- ethical cloud lingers over this Con- Amen. rity Restoration Act; Government reg- gress. To safeguard the public trust, to f ulatory reform to cut down on regula- ensure that high ethical standards are tions; and commonsense legal reform. THE JOURNAL maintained, there are times when it is Mr. Speaker, we have done these appropriate to appoint an independent The SPEAKER. The Chair has exam- things. counsel. An investigator who is not bi- ined the Journal of the last day’s pro- Next we passed welfare reform to en- ased, who is not linked to either party courage work, not dependence. ceedings and announces to the House to investigate thoroughly may be es- Today we will be debating congres- his approval thereof. sential. Pursuant to clause 1, rule I, the Jour- sional term limits. For the first time That has occurred in this House on a nal stands approved. in years that will be on the floor of the number of occasions, in the matter of f House for a vote. Next we are going to have tax cuts Congressman Charles Diggs, in the PLEDGE OF ALLEGIANCE for the middle class and Senior Citi- matter of ABSCAM, regarding Con- gressman George Hansen, regarding The SPEAKER. The gentleman from zens Equity Act to allow senior citi- Congressman St Germain, regarding New Jersey [Mr. LOBIONDO] will lead zens to work without Government pen- the House in the Pledge of Allegiance. alty. the Page scandal, regarding Speaker Jim Wright, and most recently in 1989 Mr. LOBIONDO led the Pledge of Al- Mr. Speaker, this is our Republican legiance as follows: Contract With America. regarding Mr. GINGRICH. Why not now? If charges are partisan, I pledge allegiance to the Flag of the f United States of America, and to the Repub- if they are unjustified, what better way lic for which it stands, one nation under God, POINT OF ORDER to demonstrate it than to have an inde- indivisible, with liberty and justice for all. Mr. FOGLIETTA. Mr. Speaker, a pendent counsel verify that? f point of order. Last year before the election, so The SPEAKER pro tempore (Mr. many of the Republicans talked to us ANNOUNCEMENT BY THE SPEAKER TORKILDSEN). The gentleman will state about the President and Whitewater, The SPEAKER. The Chair announces his point of order. why is it that now the election is over that there will be fifteen 1-minutes on Mr. FOGLIETTA. Mr. Speaker, I ask all they talk about with reference to each side. the Speaker to rule whether or not it is Mr. GINGRICH is whitewash.

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

H 3883 H 3884 CONGRESSIONAL RECORD — HOUSE March 29, 1995 THE AMERICAN PEOPLE WANT A Mr. SPEAKER pro tempore (Mr. mess out. I want your support on H.R. YES VOTE ON TERM LIMITS TORKILDSEN). The gentleman will state 3, and I know the IRS is getting to all (Mr. TIAHRT asked and was given his point of order. of the big people around here and scar- permission to address the House for 1 Mr. FOGLIETTA. Mr. Speaker, it ing them that they are not going to be minute and to revise and extend his re- seems quite obvious that Members of able to raise taxes. marks.) the House have not abided by the rul- Let us get on with our business. Mr. TIAHRT. Mr. Speaker, today is a ing of the Chair concerning buttons f great day on the Potomac. it is a his- would not be worn while the House is toric day. For a very long time the peo- in session. A ROUGH DRAFT MADE BETTER ple of America have wanted open de- The SPEAKER pro tempore. The (Mr. GOSS asked and was given per- Chair will state while a Member is ad- bate and a vote on term limits. As we mission to address the House for 1 dressing the House he or she may not say in Kansas, it is time to fish or cut minute and to revise and extend his re- wear badges or buttons. At other times bait. The American people think that marks.) it maybe permitted under previous rul- Congress has cut enough bait. They Mr. GOSS. Mr. Speaker, yesterday ings of the Chair. want a vote on term limits. the gentlelady from Colorado said the Term limits are extremely popular f Constitution was not a rough draft. I with the American people because they TERM LIMITS agree that the bedrock principles upon want a citizen legislature. They do not which this Nation was founded are not (Mr. ENGLISH of Pennsylvania asked want the same excuse that they have in need of refinement. But 27 times—on and was given permission to address heard about we already have term lim- 25 different issues if you subtract out the House for 1 minute and to revise its every 2 years, because they do un- the on-again/off-again concept of prohi- and extend his remarks.) derstand the system. bition—the sons and daughters of our Mr. ENGLISH of Pennsylvania. Mr. They know name recognition, the Founding Fathers revised the Constitu- Speaker, I rise as a strong supporter of PAC’s, franking all work for the in- tion to better adapt those principles to congressional term limits who has cumbent. the times. I am sure the gentlelady promised to voluntarily limit his own The term limit vote is important. agrees that the Bill of Rights, the 13th tenure, and I rise to congratulate those amendment abolishing slavery, the The American people want a ‘‘yes’’ Members of the other party who have 15th amendment affirming the right of vote for term limits or your congres- gone against their leadership and have all races to vote, the 19th amendment sional seat next year. So what are you joined us in support of term limits. granting women’s suffrage, or even the going to do? Are you going to fish or Unfortunately, it is obvious that 22d amendment—which embodies term cut bait? there is one party in the House that is limits for the President of the United f sympathetic to term limits and one States—have improved upon the party that is violently opposed to term Founding Fathers’ work. No, the Con- WELFARE RECIPIENTS ARE limits. HUMAN BEINGS, NOT ANIMALS I urge my Democratic colleagues to stitution was not a rough draft—it was a living document and it can withstand (Mr. FOGLIETTA asked and was vote in favor of term limits to give us the votes to pass the amendment. Over prudent modifications to reflect the given permission to address the House march of time. Support term limits. for 1 minute and to revise and extend 70 percent of Americans are in favor of term limits, and if we are truly a rep- The author of the first Bill of Rights his remarks.) in this country said: ‘‘Nothing so Mr. FOGLIETTA. Mr. Speaker, in resentative institution I believe our voting should reflect that. strongly impels a man to regard the in- politics, today, we make points by terests of his constituents as the cer- making good sound bites. This is your chance to prove that you are responsive to the public and to the tainty of returning to the general mass I wonder if my colleagues on the of the people from whence he was other side of the aisle got the sound national interest, and not just part of inside the Washington Beltway. taken.’’ bite they wanted on welfare this past So said George Mason, IV, who re- f weekend? The soundbite winner-by far fused to sign the Constitution because was our millionaire friend from Florida TIME TO REIN IN THE IRS term limits was not in it. who compared people who are forced to seek Government assistance to alli- (Mr. TRAFICANT asked and was f given permission to address the House gators. TERM LIMITS Last week, I asked the question, ‘‘Do for 1 minute and to revise and extend we really have to divide America to re- his remarks.) (Mr. DEFAZIO asked and was given form welfare?’’ I do not think so. But I Mr. TRAFICANT. Mr. Speaker, IRS permission to address the House for 1 am deeply afraid that others have a dif- testified down here that the Bill of minute and to revise and extend his re- ferent agenda based on divineness, Rights and the Constitution are great, marks.) race-baiting and the meanest kind of but they should not be applied to tax- Mr. DEFAZIO. Mr. Speaker, Speaker speech I can think of. payers. Taxpayers should remain GINGRICH’s whip organization has been I represent 1 of the 10 poorest dis- guilty in a tax court or they cannot do awesome as he has rolled up victory tricts in America. On behalf of my con- their jobs. after victory no matter how controver- stituents, I ask for an apology from Check out this case: A woman, Edith sial his legislative agenda. those who compared decent human LiButti, up in New Jersey, once had a He rolled up a large majority of Re- beings to alligators, to wolves, and to great race horse, ‘‘Devil His Due.’’ The publicans to push GATT through a mothers not capable of caring for a IRS says you do not own all of that lame duck Congress. Speaker GINGRICH committee chairman’s cat. race horse, your dad has a partial in- did yeoman’s work behind the scenes to People forced on welfare are people. terest; we put a lien on the horse. They deter any congressional scrutiny of the Not animals. They want to work—we wrecked her business, destroyed her $40 billion Mexico bailout, and when we owe them real solutions to provide reputation, and now they are saying finally forced a vote on the floor the them jobs and the tools to keep those their evidence is ‘‘they have reason to Republican leader threatened commit- jobs. We also owe them an apology for believe’’ her dad has a partial interest. tee assignments, subcommittee chairs degrading them on the floor of this Reason to believe? There can be no and other retaliations if his minions House. taxpayer Bill of Rights in America did not toe the line. without changing the burden of proof. Just last week they flexed their lead- f Taxpayers should at least be treated ership muscle gain on welfare and nu- like a common criminal, by God. trition reform, but the muscles of the POINT OF ORDER Let me say this: It is time for the Speaker’s whip organization have sud- Mr. FOGLIETTA. A point of order, Congress to give the devil his due. That denly gone flaccid with the prospect of Mr. Speaker. is the IRS. It is time to straighten this term limits. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3885 The Speaker has constructed a bi- lican friends who are having a tough So if you really are for term limits, zarre rule and amendments that are de- time kicking the congressional habit. then I suggest the Members of this signed to fail. It is time for supporters If you love this place, tough. body sign the pledge to say, ‘‘I will vol- of the Republican contract to sue for Vote for term limits that are retro- untarily limit my term by a year cer- breach of contract, or maybe to invoke active. If you have been here 12 years, tain,’’ and if you really want to lead, the ultimate term limits in November you are out. lead by example and not by taking up 1996 and vote the rascals out. f some amendment that probably will f not pass in the disguise of the Contract b 1115 With America. Let us have a contract TERM LIMITS with our district and resign from office (Mr. LOBIONDO asked and was given AMERICAN COMPETITIVENESS after 12 years. BENEFITS FROM MULTILINGUAL permission to address the House for 1 f minute and to revise and extend his re- SOCIETY marks.) (Ms. ROS-LEHTINEN asked and was CELEBRATING THE 25TH ANNIVER- Mr. LOBIONDO. Mr. Speaker, since given permission to address the House SARY OF THE MINE SAFETY AND the 1st day of the 104th Congress, I for 1 minute and to revise and extend HEALTH ACT have been proud to join with my col- her remarks.) (Mr. BALLENGER asked and was leagues on both sides of the aisle to Ms. ROS-LEHTINEN. Mr. Speaker, given permission to address the House change the way Congress does business. America has a secret weapon in the for 1 minute and to revise and extend This week, we will vote on the most dog-eat-dog world of global, economic his remarks.) important reform yet—term limits. Op- competition: language. Mr. BALLENGER. Mr. Speaker, on ponents argue that we do not need If you don’t believe me ask the Japa- Thursday of this week the Department term limits since we have elections. nese. When asked what was the most of Labor will be hosting a ceremony to Yet from 1976 through 1994, 9 out of important language for world trade, a mark the 25th anniversary of passage every 10 incumbents were re-elected. Japanese businessman once replied, of the Mine Safety and Health Act. Al- Even in 1994, the re-election rate was ‘‘The most useful international lan- though I will not be able to attend that still 90 percent. guage for world trade is not necessarily ceremony, I do want to call it to my Term limits will give the American English, but rather the language of colleagues’ attention, and commend people more elections in open seats. your client.’’ It makes perfect sense. They will bring new Members to Con- those in government, industry, the Customers would much rather buy a mining work force, and others, who gress who have different experiences product from someone who speaks in a and fresh ideas. have helped, over that period of time, language they can understand. to make our country’s mining industry That is what the American people America’s secret weapon is the 9.9 want. Recent polls consistently show the safest in the world. million children who come from homes that two-thirds of the American people Anniversaries are a time not only to where a language other than English is support term limits. look back but to look forward. Clearly spoken. These children can help Amer- And the American people will be one of the major challenges over the ica crack Japanese, Russian, and Latin watching to see who supports real con- coming years, in all Government pro- American markets by speaking to glob- gressional reform, and who votes for grams, is to determine how can we as- al customers in languages they under- the status quo. I urge my colleagues to sure the best use of the taxpayer’s dol- stand. vote ‘‘yes’’ for final passage of term lar. We know now what maybe Con- Our biggest mistake would be to limits. gress did not appreciate 25 years ago, waste our tremendous language re- that we cannot afford to do everything, f sources by following the simplistic and so we have to make sure that when TERM LIMITS FOR INCUMBENTS drumbeat of English-only narrow mind- Government spends money, it is get- edness. (Mr. GUTIERREZ asked and was ting the most value for the taxpayer’s Support American competitiveness given permission to address the House dollar. and reject English-only. for 1 minute and to revise and extend In that regard, I would note for my his remarks.) f colleagues that the Mine Safety and Mr. GUTIERREZ. Mr. Speaker, last Health Administration spends over $550 week, we heard about the cycle of de- TERM LIMITS per year per covered employee, while pendency and people living off the tax- (Mr. FIELDS of Louisiana asked and its sister agency, OSHA spends about payers’ money. was given permission to address the $2.84 per covered employee. We should And who was saying it? House for 1 minute and to revise and determine whether it is good use of The same Republicans who have been extend his remarks.) taxpayer dollars to continue to dupli- getting a Government salary for 20 or Mr. FIELDS of Louisiana. Mr. Speak- cate many of the functions performed 25 years, and today are going to talk er, I rise this morning to express my by these two agencies. Just as is true about fake and phony 12-year term opposition to the constitutional with OSHA, the Mine Safety and limit. amendment of term limits. Health Administration spends too Last week, Republicans said ‘‘you get Mr. Speaker, term limits of Members much time inspecting safe work sites 2 years to learn job skills on your own, are already in the Constitution. Ac- and enforcing trivial requirements. no job training.’’ cording to article II, subsection 1, the Over the coming weeks and months, I But, the gentleman from Florida, House of Representatives shall be com- hope to examine those issues and see sponsor of a 12-year limit, says he posed of Members chosen by the people whether the answers given 25 years ago needs a longer learning curve to master every 2 years. So we already have term remain the right answers today for al- this job. limits, and for those people, I find it lowing our country’s mining industry Last week, they pointed to pictures very ironic, Mr. Speaker, for the people to be competitive in a tough world of alligators and said that is a welfare who talk the most and the loudest marketplace, while continuing the im- recipient. about term limits are the people who provements that have been made in And then they got a pat on the back. have served in this body for over 12 worker safety in this very important This week, I have pointed out the hy- years. part of our Nation’s economy. pocrisy of Republicans who support So if we really want term limits, I f term limits as long as it does not cut make the suggestion let us lead by ex- into their career, and I am lucky if I ample. I want every Member who sup- PROPOSED CUTS TO STUDENT AID don’t get whacked over the head. ports term limits to sign the term-lim- THREATEN AMERICA’S FUTURE Last week, I heard about tough love. its pledge to our contract, which pro- (Mr. BALDACCI asked and was given Well, this week I want to offer that vides they would serve ‘‘x’’ number of permission to address the House for 1 same kind of tough love to my Repub- years and then resign from office. minute.) H 3886 CONGRESSIONAL RECORD — HOUSE March 29, 1995 Mr. BALDACCI. Mr. Speaker, our for 1 minute and to revise and extend all visitors, you are guests of the colleagues on the Republican side are her remarks.) Chamber, and we do not allow dem- proposing to close the door to higher Ms. JACKSON-LEE. Mr. Speaker, I onstrations for or against any state- education for middle-income students rise today to share with this body a ment made on the floor. in order to pay for a capital gains tax story of individual courage and inde- f cut. Four major student aid pro- pendence, the type of story that my colleagues from the other side of the grams—subsidized Stafford loans, work CONGRESSIONAL TERM LIMITS study programs, supplemental edu- aisle like to hold up as the American cation opportunity grants and Perkins ideal. (Mr. ROEMER asked and was given loans—are targeted for reduction or Mr. Speaker, I had the privilege of permission to address the House for 1 elimination. meeting a very special young woman minute and to revise and extend his re- Last weekend, I met with a group of from my home State of Texas by the marks.) college students in Maine. They were name of Beth. Beth, by her own de- Mr. ROEMER. Mr. Speaker, I have to shocked and disappointed to learn of scription, is retarded. Now, with a low- respond to the previous speaker in say- this proposal. In Maine, nearly 80 per- skills job, she pays taxes. She is deter- ing that the Democrats must vote for cent of all students attending the pub- mined to get a better job and soon get term limits in order to pass it; I would lic university receive assistance from her own apartment. just remind the gentleman from Illi- one or more of the targeted programs. But the Republicans’ tax cut will not nois that he needs to get his leadership For the vast majority of these stu- help Beth. While she was growing up in and his Republicans to vote for term dents, eliminating this aid will mean Texas, Beth’s working-class family limits, where the gentleman from that attending college will become a cared for her with the help of supple- Texas [Mr. DELAY] is not going to vote dream turning bleak. Children of work- mental security income, the SSI Pro- for term limits; the gentleman from Il- ing families simply do not have the fi- gram. She has had access to various linois [Mr. HYDE] is not going to vote nancial resources on their own to pay Federal youth job training programs for term limits, the chairman of the for higher education. that gave her help so that she could get Committee on the Judiciary; the gen- Who suffers as a result of this plan? into the public schools. tleman from Louisiana [Mr. LIVING- Not just working-class families, but all The Republicans’ tax cut will not STON], chairman of the Committee on Americans. Our country desperately help Beth. Beth and others like her, Appropriations, is not going to vote for needs an educated work force. Today’s true Americans asking only for a hand term limits. students are tomorrow’s leaders. We in overcoming adversity, may now be It is not the Democrats that are re- cannot afford to deny access to edu- slapped down by the Contract on Amer- fusing to vote for term limits. It is the cation to all but the most privileged. ica, to pay for symbolic tax cuts, tax Republicans as a body that are not to- We must defeat this ill-considered cuts that do not do any for us any tally endorsing term limits and will be plan, and open education up to all. good. responsible for this matter not going The other side is ready to cut SSI, through the House of Representatives. f job training, and student loans de- Now, term limits, they think, is the AMERICA NEEDS TERM LIMITS signed to give the disadvantaged an op- answer to everything. Mexico has very portunity. Mr. Speaker, the only way strict term limits for their President, (Mr. FOX of Pennsylvania asked and that we can help Beth is to make sure their Senate, and their House of Rep- was given permission to address the that we enhance the opportunities. Mr. resentatives. It certainly has not House for 1 minute and to revise and Speaker, the tax cuts that the Repub- solved all the problems in Mexico, and extend his remarks.) licans offered are not the right thing to people like Mr. Madison and Mr. Jeffer- Mr. FOX of Pennsylvania. Mr. Speak- do. son served this country valiantly and er, we need to adopt term limits. f with courage and responsibility for up Eighty-five percent of the American to 43 years. people support limits on the time a TO THE DEMOCRATS: JOIN US We should not remove that respon- Member may serve in Congress. (Mr. LAHOOD asked and was given sibility from people in this country. The current system of entrenched permission to address the House for 1 power and almost perpetual incum- minute.) f bency has produced a political climate Mr. LAHOOD. Mr. Speaker, where are of cynicism and distrust among the the Democrats? We need you. We need URGING SUPPORT FOR TERM American people. Term limits, with you today. LIMITS their built-in mandate for accountabil- It takes 290 votes. Twenty-two (Mr. WHITE asked and was given per- ity, can move us toward restoring faith States, many of the States that you all mission to address the House for 1 of a wary public in their government in come from, have passed term limits. minute.) Washington. Why do you not get the message? Mr. WHITE. Mr. Speaker, I have only Mr. Speaker, this is not a partisan Many of these people are Democrats been here for a short period of time, issue. While Republicans just won con- in these 22 States. They need for you to just 3 months, but in that short period trol of both Houses for the first time in come to the floor today and support of time I have learned something about 40 years, we are reaching across the the vast majority of Republicans that term limits. aisle and urging our Democrat col- will vote for term limits. I have learned that there are lots of leagues to join us in fundamentally Do not snub your nose at your peo- good people who have been in this changing the way Washington works. ple. Come and join us. Help us put the House for a long period of time, people It is my hope that the voters’ demand 290 on the board and give the people of with experience who can add a lot to for change will not become just an- the country a chance, an opportunity the debate, and if we pass term limits other electoral echo but will remain to debate term limits so it will go out today, Mr. Speaker, some of those peo- vivid and distinct in our ears. to every State legislature, so all the ple will not be able to stay. The American people deserve a Con- people will have a chance to debate it. But, Mr. Speaker, for every single gress that is answerable directly to Do not snub your nose at the voters. person we will lose because of term them. This is the meaning of the 1994 Give them a chance to have a say in limits, there are thousands and thou- election. Mr. Speaker, we want a Con- this. Come and join us. Put the 290 on sands of other Americans who could gress that is truly a reformed Congress; the board today. Join us. serve equally well in this House, be- that demands term limits now. f cause no matter how much experience f we have in the House, no matter how ANNOUNCEMENT BY THE SPEAKER many Rhodes Scholars we have in the SSI AND TRAINING CUTS PRO TEMPORE White House, the genius of our country (Ms. JACKSON-LEE asked and was The SPEAKER pro tempore (Mr. resides in the people of this country, given permission to address the House TORKILDSEN), The Chair will caution not in professional politicians. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3887 That is why I have limited my own However, this amendment would also When you talk about choices for the term. That is why I will vote for term respect term limits already established voters, let us look at what happened in limits. by 22 States nationwide, most of which California. In California, the number of Mr. Speaker, I ask my colleagues to are stricter. candidates running for office has in- show some humility. We need the wis- Mr. Speaker, like many other fresh- creased by 40 percent since passage of dom of the American people in this man Republicans, I have also signed on term limits. That gives voters an awful House, and term limits is how we are to Mr. INGLIS’ 6-year term limit amend- lot more choices, does it not? Does it going to get it. ment on House Members. not increase the choices dramatically? f I have purposefully signed on to more Mr. Speaker, the American people than one amendment to help ensure clearly want term limits. Republicans A HISTORIC DAY IN THE HOUSE that term limits pass this House. cannot do it alone. We need only half of OF REPRESENTATIVES Mr. Speaker, let us put America back the Democrats, we just need half of (Mr. CLEMENT asked and was given on the right track and pass term lim- your caucus to vote for term limits. permission to address the House for 1 its. And the gentleman from Michigan’s minute and to revise and extend his re- f [Mr. DINGELL] own bill, we just need marks.) half of the Democrats to give the Mr. CLEMENT. Mr. Speaker, this is a FIGHTING TO PRESERVE STUDENT American people what they want, a historic day in the House. This will be LOAN PROGRAMS more accountable citizen legislature the first vote in the House on term lim- (Ms. DELAURO asked and was given and an end to legislative careerism. its since the Framers of the Constitu- permission to address the House for 1 f tion rejected the idea over 200 years minute and to revise and extend her re- ago. marks.) STUDENT LOANS I believe term limits are not needed Ms. DELAURO. Mr. Speaker, last (Ms. MCKINNEY asked and was given or necessary. Voters have the oppor- night, Republicans refused to crack permission to address the House for 1 tunity to limit our careers every 2 down on billionaire tax evaders who re- minute.) years. We have had a 52-percent turn- nounce their citizenship to avoid pay- Ms. MCKINNEY. Mr. Speaker, as the over in the House of Representatives ing their fair share of taxes. But, pre- Republicans continue their class war since 1990. serving tax loopholes for billionaires is on behalf of the junk bond traders of It is going to put much more power just the latest installment of the great this country, the poor and the middle in the hands of the bureaucracy rather tax giveaway of 1995. And, who is pay- class are once again going to face their than the elected officials. And No. 5 is ing for this windfall to the wealthy? social Darwinist guillotine. the large States really benefit at the Middle class, working families. Education is the single most impor- expense of the smaller States such as Just look at what is next on the GOP tant factor in determining whether or Tennessee. agenda: Republicans want to cut stu- not a person will live in poverty. With But with everything said and with dent loan programs to help finance this in mind, the GOP is now going to my reservations about term limits, I their tax cuts to the wealthy. Four cru- slash student loans which allow work- will vote to let the people in Tennessee cial student aid programs are on the ing families to send their children to and the respective States decide wheth- GOP chopping block. Together, these school. Going to school is expensive er term limits is in the best interests programs account for 75 percent of the enough as it is, yet now the Repub- of the country. I will uphold the wishes financial aid currently awarded to col- licans want to make it almost impos- of the people of my State and let them lege students. sible. decide whether or not they wish to In Connecticut, 39,176 students rely While NEWT GINGRICH plans a $500 per amend the Constitution even though I on Stafford loans. The average debt of child tax credit for people who can af- think it is a bad idea. these students is $13,835. The Repub- ford to send their kids to Yale, the f lican proposal would increase the aver- working people in my district now will age debt by $4,547 per family. That even have the money to watch his SUPPORT THE HILLEARY means monthly payments will soar, bogus college course on TV. AMENDMENT from $164 a month to $202 a month. Mr. Speaker, the Republicans not (Mrs. MYRICK asked and was given This may not sound like much to only want to deny a future for the poor permission to address the House for 1 Speaker GINGRICH, but it is real money of this country, they also want the minute and to revise and extend her re- to a 24-year-old in his or her first job. middle class to keep them company. marks.) Many Members of this body took out f Mrs. MYRICK. Mr. Speaker, in my student loans to pay for their edu- home State of North Carolina, stock cation. It is wrong to deny that same OUR NATION IS BEST SERVED BY car racing is a huge event. opportunity to the students of today. HAVING TERM LIMITS In stock car racing the car driver has Democrats will fight to preserve stu- (Mr. NORWOOD asked and was given a pit crew. These are the guys who dent loans programs, not tax loopholes permission to address the House for 1 work on the engine, fill it up with gas, for the wealthy. minute.) and keep the car running. f Mr. NORWOOD. Mr. Speaker, I would When a driver pulls into the pits to like to point out that I bow to the will have his crew work on the car, the b 1130 of this body, my term-limits badge in- crew only has a few seconds to do their side my coat, not on the outside. job. MAJORITY OF AMERICANS WANT TERM LIMITS Mr. Speaker, I ask my colleagues to They change the tires, fill it up, consider the words of George Mason, a clean the windshield, and then they get (Mr. HOKE asked and was given per- man whose vision was critical to our out. mission to address the House for 1 Bill of Rights. Mason said; Mr. Speaker, the American public minute.) In order to restrain public officials from elected us to be their pit crew. Mr. HOKE. Mr. Speaker, in his 1992 oppression, they should at fixed periods, be The 1994 elections attempted to put campaign for the White House, Mr. reduced to a private station and return into America back on the right track. Hard Clinton had this to say about term lim- the body from which they were originally working Americans are driving this its: ‘‘I am against term limits because taken * * * where they might feel and par- country, but they have chosen us to I think it takes choices away from the ticipate in the burdens of the people. come up here, do a job and get out. voters.’’ But the American people did Mr. Speaker, that means people here I am a proud sponsor of House Joint choose. They chose by an overwhelm- should be responsible for the payroll, Resolution 76, the Hilleary amendment ing majority that they want term lim- their production should warrant what which would impose a maximum 12- its. It was their choice. Twenty-four their income is, and people who have year limit on the terms of House and and half million Americans have cho- lived under the oppressive rules and Senate Members. sen term limits. regulations of the Federal Government. H 3888 CONGRESSIONAL RECORD — HOUSE March 29, 1995 Mr. Speaker, Congress should be of the people, about 35 of them, are not leadership, but it will finally come to the people, not its permanent rep- here. They are now watching this de- the House floor today. But it will not resentative. Mason knew that this Na- bate as observers instead of Members of pass unless we convince about half of tion would be best served by having in- Congress. the Democrats to vote with the over 80 dividuals who have lived as private The way I see it, we either get your percent of the Republicans to support citizens representing them in Congress. vote on term limits today or we will term limits. I urge my colleagues to vote for term get your seat in 1996. Think about it. I would hate to see term limits fail limits. f because of a lack of support from my f colleagues on the Democratic side. We A TRIBUTE TO THE UCONN need only 50 percent of them to vote EDUCATION IS PART OF THE HUSKIES WOMEN’S BASKETBALL with us on this. Let us not let term AMERICAN DREAM TEAM limits fall victim to a lack of biparti- (Mr. WATT of North Carolina asked (Mrs. KENNELLY asked and was san effort. Let us seize the moment. and was given permission to address given permission to address the House Let us pass term limits. the House for 1 minute.) for 1 minute.) f Mr. WATT of North Carolina. Mr. Mrs. KENNELLY. Mr. Speaker, this Speaker, getting an education is part weekend I was lucky enough to be one GOLDEN GRAB AWARD TO BE of the American dream. For genera- of 8,000 people at Gampel Pavilion ANNOUNCED TODAY tions, the Federal Government has cheering the UCONN Huskies Women’s (Mr. DINGELL asked and was given helped average, everyday, working- Basketball Team on to their latest vic- permission to address the House for 1 class, and middle-class Americans se- tory. We in Connecticut are thrilled minute and to revise and extend his re- cure this American dream through fi- that this dream season continues as marks.) nancial aid programs for college. this dream team advances to the final Mr. DINGELL. Mr. Speaker, some Well, this key component of the four. days back I announced an award which American dream is on the chopping Rebecca Lobo, the Naismith player of I give from time to time. It is entitled block also. Let us be absolutely clear: the year and Husky coach, Geno ‘‘The Golden Grab,’’ a hand extended This is not welfare we are talking Auriemma, Naismith coach of the year, outward with palm up. This is an award about; we are talking about Federal fi- led this team to an almost unbeliev- which I will be giving to people in the nancial aid that goes to working-class able undefeated season. Although their defense business who are unfaithful to and middle-class kids. We are talking most recent victory was not quite the their contracts, who charge too much, about programs that average, everyday 35-point average margin of victory that who fail to be responsible in terms of working, and middle-class Americans they were used to, the proved to them- meeting their deadlines; to Govern- help to finance through their tax dol- selves and to us that through their ment officials who fail to properly lars. We are even talking about work composure, grit, and drive, they were carry out their responsibilities. study, that is, work for money to pay able to overcome the nerves and the This is an award dedicated to those for education. pressure that come with the final big who disregard their responsibilities to But make no mistake about it, we games. the people of the United States. are talking about programs that the This performance showed us just I will give the first award on April 1, wealthy string pullers who control the what a world-class team looks like. On on April Fools Day. I will give it to a Republican Party do not care one iota behalf of myself and the entire State of class of persons who are particularly about. They can pay for their kids’ Connecticut best of luck to the UCONN deserving of this award. I will be short- education. Can you? women as they follow their dream to ly announcing the first honoree of f Minneapolis. Go Huskies. honorees. f I urge my colleagues to be present to EIGHTY PERCENT OF AMERICANS note who will be receiving the Golden SUPPORT TERM LIMITS MEMBERS OF CONGRESS SHOULD Grab Award, a golden hand, palm up, RETURN HOME AND MIX WITH (Mr. KNOLLENBERG asked and was hand outstretched to receive things to THE PEOPLE given permission to address the House which the individual is not entitled at for 1 minute and to revise and extend (Mr. BRYANT of Tennessee asked the expense of the public. his remarks.) and was given permission to address f Mr. KNOLLENBERG. Mr. Speaker, the House for 1 minute and to revise polls estimate, as everybody knows, and extend his remarks.) ANNOUNCEMENT BY THE SPEAKER that 80 percent of Americans support Mr. BRYANT of Tennessee. Mr. PRO TEMPORE term limits. Yet I know there are some Speaker, another world-class women’s The SPEAKER pro tempore (Mr. Republicans who do not, but there are team is the University of Tennessee. TORKILDSEN). All time for 1-minute re- some Democrats who, frankly, oppose, Go Vols. marks has expired. and have actively done so, for some Mr. Speaker, I rise to speak in favor time. Frustrated by 40 years of Demo- of term limits as a freshman Congress- f cratic inaction and blatant obstruction man who has been here 2 months and TERM LIMITS CONSTITUTIONAL to term limits, the American people who has pledged to my district that I AMENDMENT were forced to take this battle to the will limit my stay to 12 years. I have ballot box, State by State, in a grass- taken voluntary term limits. The SPEAKER pro tempore. Pursu- roots effort to circumvent an arrogant Mr. Speaker, the case for term limits ant to House Resolution 116 and rule Congress that thought it knew better is a simple one. As one of the Founding XXIII, the Chair declares the House in than those people it represented. Fathers, Roger Sherman of Connecti- the Committee of the Whole House on The makeup of today’s Congress is cut, put it, members of the legislature, the State of the Union for the consider- very different, in large part because of ‘‘ought to return home and mix with ation of the House Joint Resolution, the term-limit movement. The new the people.’’ He warned that if they did House Joint Resolution 73. majority believes the people have a not, ‘‘they would acquire the habits of b 1141 right to be heard, and that is why this the place, which might differ from GOP-led Congress is bringing a historic those of their constituents.’’ IN THE COMMITTEE OF THE WHOLE first ever vote on term limits to the How right he was. Once in office a Accordingly, the House resolved it- floor of the House today. survival instinct takes hold and noth- self into the Committee of the Whole For those Democrats sitting on the ing becomes as important as winning House on the State of the Union for the fence on term limits, just talking the next election. Members forget why consideration of joint resolution (H.J. about those on the fence, look back at they were sent to Washington. Res. 73) proposing an amendment to last year’s election. Many of your col- Mr. Speaker, term limits have been the Constitution of the United States leagues who fought against the will of bottled up for years by the Democratic with respect to the number of terms of March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3889 office of Members of the Senate and tors who can use the powers of the Fed- By enacting term limits we will be the House of Representatives, with Mr. eral Government to perpetuate their doing our part to keep alive this dis- KLUG in the chair. own careers. There are many incen- tinctive virtue of democracy. We will The Clerk read the title of the joint tives which combine to turn Members make certain that representatives un- resolution. of Congress into career legislators. derstand the needs and wants of the The CHAIRMAN. Pursuant to the Term limits will break the power of en- people because they will have been a rule, the joint resolution is considered trenched incumbency. It will give us part of their world—living and working as having been read the first time. representatives who put serving the in- among them—without the privileges The CHAIRMAN. Under the rule, the terests of the people and advancing the and trappings which elevate and isolate gentleman from Florida [Mr. CANADY] good of the Nation ahead of perpetrat- career politicians. will be recognized for 11⁄2 hours, and the ing their own legislative careers. Members will come to Washington gentleman from Michigan [Mr. CON- The American people want a more knowing that they will not be able to YERS] will be recognized for 11⁄2 hours. competitive electoral system. That is establish permanent careers here. The Chair recognizes the gentleman one important reason the public so Members will come to Washington to from Florida [Mr. CANADY]. strongly supports term limits. serve their districts and the Nation— Mr. CANADY of Florida. Mr. Chair- While the 1994 elections changed the not to become part of the Washington man, I yield myself such time as I may party in control of the Congress, the establishment. consume. overwhelming power and the benefits That is what the people of this coun- Mr. Chairman, this is a historic day. of incumbency remained. Ninety per- try want. That’s the kind of system Since the convening of the first Con- cent of House incumbents who sought they yearn for. And that is the kind of gress on March 4, 1789, more than 180 reelection were successful. Of those in- system they deserve. term-limit proposals have been intro- cumbents who lost, half had not gained As Members of this House it is our duced. Until today, however, there has the full advantages of incumbency be- responsibility to listen to the Amer- never been a debate or vote on a term cause they had only served one term. ican people. This is their Government. limits measure in the U.S. House of In the Senate, 92 percent of the incum- They pay the taxes. They fight the Representatives. Today’s debate is long bents who ran for reelection were suc- wars. How can we in good conscience overdue. cessful. turn a deaf ear to their demand for We are taking up this important The American people also want to term limits? How can we ignore the un- issue today because an overwhelming rein in the Federal Government. That’s equivocal message that comes to us majority of the public supports—and is another major reason the people keep from all across this great land? demanding—term limits for Members pushing for term limits on Members of How can we stand in the way of the of Congress. This past November, the Congress. change that overwhelming majorities voters of 7 States adopted or strength- Term limits would reduce the power have supported in State after State? ened limits on terms for Members of of the Federal Government by elimi- The issue before this House today is the U.S. House and Senate, bringing nating the permanent class of career this: Will we or will we not listen to the number of States with congres- legislators—reducing the power of in- the people of the United States? sional term limits to 22. Twenty-one of cumbency and seniority and making I urge my colleagues to listen to the those States have imposed term limits legislators more responsive to the in- people and to support the constitu- through ballot initiatives—with the terests of the American people. Term tional amendment limiting congres- people speaking directly and unequivo- limits would restore a sense of propor- sional terms. cally in favor of term limits. tion to politicians, and therefore to the b It is clear that voters want more Federal Government. 1145 than the party in power to change. The Some argue that term limits will un- Mr. Chairman, I reserve the balance people want the power structure in dermine effective and responsible Gov- of my time. Washington to change. The American ernment—that term limits in effect Mr. CONYERS. Mr. Chairman, for people know that there is too much will turn the Congress over to a gang of purposes of debate only, I yield 30 min- power here in Washington intruding amateurs. utes to the gentleman from Connecti- upon their lives and restricting their I believe that these critics misunder- cut [Mr. SHAYS], and I ask unanimous ability to make intelligent common stand the true meaning of representa- consent that he be able to control that sense decisions about how best to solve tion in a democracy such as ours. Their time. their own problems. arguments are eloquently refuted by The CHAIRMAN. Is there objection The executive branch is huge and im- Daniel Boorstein, the historian and to the request of the gentleman from posing. The judiciary is intrusive, and former Librarian of Congress, in an Michigan? the Congress continues to create a essay entitled, ‘‘The Amateur Spirit There was no objection. larger body of law for the executive and Its Enemies.’’ Mr. Boorstein Mr. CONYERS. Mr. Chairman, I yield branch to enforce and the judiciary to writes: myself such time as I may consume. interpret. The true leader is an amateur in the prop- (Mr. CONYERS asked and was given It is an unfortunate consequence of er, original sense of the word. The amateur, permission to revise and extend his re- long-term service in Congress that from the Latin word for ‘‘love’’, does some- marks.) Members, even those with the best of thing for the love of it. He pursues his enter- Mr. CONYERS. Mr. Chairman and my intentions, too often begin to think prise not for money, not to please the crowd, colleagues, we have now reached that not for professional prestige or for assured that the power of the Federal Govern- promotion and retirement at the end—but point in time in the plank of the Re- ment can be used to solve every prob- because he loves it. publicans’ Contract With America lem. The longer a Member stays in Aristocracies are governed by people born which seeks to turn the Congress Washington, the more likely the Mem- to govern, totalitarian societies by people against itself. Like many of the other ber will view Washington as the fount who make ruling their profession, but our provisions of the much ballyhood con- of all wisdom. representative government must be led by tract, Mr. Chairman, the proposed term There are enough people in Washing- people never born to govern, temporarily limits amendment has really very lit- ton who think the Government can drawn from the community and sooner or tle to do with substance. Like the bal- later sent back home. solve everyone’s problems. This Nation anced budget amendment and the line- needs representatives who have a fresh Mr. Boorstein goes on to conclude: item veto, this debate concerns mere outlook and the necessary real-world The more complex and gigantic our gov- procedure more than anything else. It experience to solve problems—many of ernment, the more essential that the lay- does nothing to create more jobs, noth- which, ironically, have been created by man’s point of view have eloquent voices. ing to increase our citizens’ standard of The amateur spirit is a distinctive virtue of the overreaching of the Federal Gov- democracy. Every year, as professions and living, and nothing to reduce our trade ernment. bureaucracies increase in power, it becomes deficit. Congress has become too much like a more difficult—yet more urgent—to keep Collectively these Republican proce- permanent class of professional legisla- that spirit alive. dural proposals say to the American H 3890 CONGRESSIONAL RECORD — HOUSE March 29, 1995 people in effect that we, the Congress, half of the current Members of the here 6 years, or 8 years, so your time is can no longer be trusted to govern this House at this moment were elected on up.’’ country, that we must give the courts or after 1990. Electing good new people to office the power to balance the budget, and So, the best safeguard we have makes sense. Re-electing people who the President the power to cut spend- against rampant special interest abuse are doing good jobs makes sense. ing, and today the Republicans would are the Members who have been around Establishing arbitrary term limits— have us say that we cannot even trust long enough to know the ropes and which everyone admits will force many the Members of this body to handle know where the bodies are buried. If outstanding people out of office—just what little legislative responsibilities the voters understood that the effect of does not make sense. may remain with us as the second term limits would be a massive trans- Third, we would have lost some of branch of Government. The irony is fer of power to the permanent bureauc- the greatest service ever performed for that these transfers in power from the racy of congressional and executive this Nation if we had already had term legislative branch are being proposed branch staff as well as to corporate and limits. at the very time the Republicans have foreign lobbyists, they might not be Senator Howard Baker from my achieved majority status. quite so enamored of the idea. Given a State could not have served as the Well, I must respectfully disagree choice between an elected official be- leader of the Senate—probably some of with those who say Congress is incapa- holden to the voters and an unelected his greatest service to the country. ble of legislating, and, while this may bureaucrat, I think the voters would NEWT GINGRICH could not now be be a radical idea, I continue to have prefer to place their trust in the elect- Speaker, because he is in his 17th year faith in the scheme of Government ed official every time. of service. that was laid out in our Constitution Term limits are the worst possible Roll Call, the newspaper that covers more than 2 centuries ago. The Found- example of cheap bumper sticker poli- the Congress, pointed out Monday that ing Fathers considered this question, tics run amok. We have spent enough Great Britain would have been deprived and they unanimously rejected term time kicking ourselves in the face and of the service of Winston Churchill dur- limits at that time. I fully agree with looking to other branches of govern- ing World War II. James Madison who wrote that term Fourth, term limits were specifically limits ‘‘would be a diminution of the ment to solve our problems, and I say to my colleagues on both sides of the considered and rejected by our Found- inducements to good behavior * * * ing Fathers. [and the Nation would be deprived] of aisle, let’s stop wasting time with these procedural distractions and re- I am one of the most conservative the experience and wisdom gained by Members of this House. I know that an incumbent.’’ turn to the business of running the country and improving the lives of citi- most conservatives support term lim- Mr. Chairman, I ask, where else is ex- its. perience trashed as it will be during zens that we claim to represent. Mr. Chairman, I reserve the balance But there is nothing conservative this debate? Where else will people who about term limits. These are very radi- have gained from working on the job, of my time. Mr. CANADY of Florida. Mr. Chair- cal proposals. They would change over who are being reelected and confirmed 200 years of constitutional history and in their office on 2-year-period inter- man, I yield 4 minutes to the gen- precedent. vals, would such a notion as this be tleman from Tennessee [Mr. DUNCAN]. More importantly, they are very un- considered worthy of all the attention Mr. DUNCAN. Mr. Chairman, I rise to democratic—with a small ‘‘d’’. They and furor that it will shortly receive? speak against term limits, and I thank really take away another right of our I also continue to have faith in the the gentleman from Florida for yield- people—the right to vote for whomever fundamental good judgment of the ing me this time. they please. American voters who have already the I realize that term limits are very Fifth, and finally, term limits will power to impose term limits. We face popular, and that they will receive a strengthen the power of the the voters every 2 years; does anyone very large vote in favor here today. unelected—the bureaucrats, the lobby- in this Chamber need to be reminded of I realize that in some ways I am tilt- that? The Senators, every 6 years. I do ing at windmills here. But I also know ists, the committee staffs. not think it a good idea to deny these that very few people realize how much We already have a Government that voters the right to elect the person turnover is already occurring in this is of, by, and for the bureaucrats, in- that they think best represents their body. stead of one that is of, by, and for the interests, even though he or she may The people have elected 203 new people. Term limits will make this sit- have received their support in years Members in just the last 2 years. Let uation worse. prior. This would turn the very basic me repeat that: 203 Members—almost Term limits have risen as an outcry principle of democracy on its head. half the House—have begun their serv- against a big, wasteful, intrusive, bu- I think the voters of Texas knew ice just since January 1993. reaucratic Government. what they were doing when they re- There were 110 freshmen elected 2 The people have the intelligence and elected Sam Rayburn year after year years ago—and 6 more in special elec- good sense to know who is voting for after year, and the people of North tions in between—and 87 more fresh- big Government and who is not. Carolina knew what they were doing men in the last election. The best way to bring about effective when they repeatedly returned Sam If ever there was a proposal that cor- change is the old-fashioned way— Ervin to office. His wise counsel and rected a problem that does not exist, through our electoral process that has well-reasoned judgments helped steer term limits must be that proposal. served this country so well for so many this country through a dangerous Con- Of all the truly serious problems this years. stitutional crisis that I recall very viv- country faces, turnover in the Congress The worst possible thing to do now, idly. And what Member would have is not one of them. during a time of great change anyway, wanted to deny the voters of Florida Not only are we having record turn- is to try out some radical, arbitrary the opportunity to reelect Claude Pep- over in the Congress, that same thing gimmick like term limits, which cor- per so that he could fight for Social Se- is happening in the elective offices all rects a problem that does not exist. curity and health care benefits? across the Nation. So I emphasize once b May I also remind those who support more—term limits correct a problem 1200 term limits that the notion of a career that does not exist. Mr. CONYERS. Mr. Chairman, I yield Congress which they decry so vehe- Second, term limits simply fly in the 5 minutes to the distinguished gen- mently is more myth than anything face of common sense. In no other area tleman from Illinois [Mr. GUTIERREZ], else. Membership in the House and the do we regard experience as a bad thing. who, although he is not a member of Senate is remade ever decade. In the Does it make sense to go to a great the committee, has done an outstand- early 1980’s, a full three-fourths of Sen- teacher, or nurse, or architect, or ing job in working on this subject. ators and Representatives had served whatever, and say, ‘‘We know you are Mr. GUTIERREZ. Mr. Chairman, I less than 12 years, and more than one- doing a great job, but you have been rise this morning aware of the fact March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3891 that there are many different audi- do not be surprised when one comes Mr. GINGRICH said that without these ences listening. back at you. changes, the congressional campaigns There is the audience in this House— So, here it comes. are a ‘‘mockery’’. Members who have various opinions He, MCCOLLUM, is a chief sponsor of a Well, thanks to his Republicans and about this issue, who feel strongly bill to limit Members to term of 12 their empty term limits rhetoric, they about the debate we are having, who years. are making mockery of Congress. have studied the pros and cons. He, MCCOLLUM, was elected in 1980. What is a mockery? There are some—like my friends on It is now 1995. The dictionary says ‘‘an action of this side of the aisle like Mr. CON- Now, you do the math, and you figure ridicule * * * false * * * and imita- YERS—who have gone about it the right out that if Mr. MCCOLLUM really be- tion.’’ way. lieved what he said, there would be a That is what today’s debate is. They have taken a close look at the very simple way for him to enact the Ah, but there is an answer. legal opinions. 12-year term limits. Walk away. A way to ensure that the political They have taken a close look at the Now, you might be inclined to think power in this country is given back to Constitution that we live by. that Mr. MCCOLLUM will at least sup- the people who deserve to have it. The And, more importantly, they have port the amendment that I will speak men and women who work hard and taken a close look within themselves on later today to make term limits ret- play by the rules. and their own conscience to decide whether they support term limits. roactive. And that is with serious, substantive Like them, I have decided that I can- Nope. Not him. campaign finance reform. not support term limits as they have Even so, let us just listen to the Campaign finance reform insures been written by the Republicans. words of Mr. MCCOLLUM, who today is that an incumbent must earn—and Unfortunately, there are others in proud to tell us that he sponsors a reso- continue to earn—his or her seat in the this Chamber—mostly on the other lution for a 12-year term limit. body, rather than act like they own it. side of the aisle—who have decided to He said: ‘‘Those of us who believe in Nobody owns a seat in this House. look at public opinion polls rather than term limits * * * need to stay longer, But, as long as we debate phony is- look at the Constitution. unfortunately, because the system is sues like term limits, and avoid real is- They have watched focus groups the way it is.’’ sues like campaign finance reform, we rather than focus on the real impact of If you have been here that long, you make it possible for lobbyists and big- this resolution. are the system. You are the system dollar contributors to own Members. They have decided to listen more that you say needs changing. In their contract, this was part of the closely to the angry voices of talk Now, let us go on, because there is Republicans’ so-called Citizen Legisla- radio rather than the subtle, eloquent, also an audience in the Sixth District ture Act. and ancient voices of our Founding Fa- of Georgia listening to me. You want a legislature that belongs thers who thought that the people had Today I want to send a special mes- to the citizens? Good. Let us put limits the right to decide whom to elect to sage to them. on the time we spend raising money Congress. I want to inform you that your Con- and hustling for votes. In fact, the Founding Fathers did—in gressman, Mr. GINGRICH—whom you Campaign finance reform is the an- their wisdom—write term limits into first elected in 1978—supports limiting swer. the Constitution. Term limits that members to 12 years of service. Term limits is not. work. In a press conference endorsing the Every 2 years, your term is up. You 12-year limit, the Speaker, now in his ANNOUNCEMENT BY THE CHAIRMAN want an extension, you go to the peo- 17th year, said: ‘‘The balance of power The CHAIRMAN. The Chair wishes to ple—the people—and ask for their ap- in favor of professional politicians as remind our visitors in the gallery that proval. incumbents * * * has made a mockery no expressions on their part are al- Now, it is obvious that the Repub- of the process of open elections.’’ lowed. licans understand that reality. They So, that must mean that each elec- Mr. SHAYS. Mr. Chairman, to begin realize that they need to be reelected. tion held in Georgia’s Sixth District the debate, I yield 4 minutes to the dis- Otherwise, we would not have the rant- since 1990—when Mr. GINGRICH’s 12 tinguished gentleman from New York ing and raving and pandering and pos- years were up—has been a mockery. [Mr. KING], one Member who is strong- turing that you are going to hear from If I lived in Georgia, I would be con- ly opposed to term limits. them today. cerned to hear that I had voted in a Mr. KING. Mr. Chairman, I thank the So I very much want to speak to my mockery of an election. In fact—three gentleman for yielding me this time. colleagues here today, and engage with of them, since 1990. Mr. Chairman, I rise in total opposi- them in a meaningful debate. Now, I have heard a lot of people talk tion to term limits. I oppose term lim- Meanwhile, thanks to the magic of about the Speaker and his problems its because they are undemocratic and cable television, there is an audience because they represent the ultimate in all around the country with whom I with GOPAC. Well, today, I am not going to talk elitism. can speak this morning. There are peo- For someone from some other part of ple in my district in Illinois listening about GOPAC. the country to come to my district and and watching. But I am going to say go back, as in tell my voters they cannot vote for me And for them I am taking a stand go back to Georgia, because the 12-year just because I happen to have been in against fake phony term limits. limit that you want to impose on ev- But, there are also people in districts eryone else has long ago passed for office for 6 years or 8 years or 12 years far away whom I would also like to ad- you. is the ultimate insider mentality. They dress. Go back, as in how do you go back to are saying that they know more than I would like people in districts like your district every week—and I know the average voter in the average dis- Florida’s Eighth District to listen that he does, because I see him on t.v. trict around this country. Perhaps in closely. Not just to my words, but to teaching that course on ‘‘Saving the their districts people want to elect those of your own Representative. Western World’’ or whatever it is part-time farmers or barnyard philoso- Now, I hope you do not think I am called—but, how do you go back to phers. That is fine. Let them elect picking on your Congressman, Mr. your district every week and tell folks those people. Let them send them here MCCOLLUM. I trust that you sent him that you support a 12-year limit, but to Congress. But my point is that it is here with some good reason. you are going on serving well beyond up to each voter in each district to de- But, Mr. MCCOLLUM has thrust him- that. cide what person they want to elect to self into this term limits debate. He No, I am not going to say GOPAC but Congress. has done so with some intensity. I am going to say go back—as in how I must say that while it is very sel- And all I can say is, when you do do you go back on your word, Mr. dom that I agree with my friend, the that—when you start slinging arrows, Speaker? gentleman from Illinois [Mr. H 3892 CONGRESSIONAL RECORD — HOUSE March 29, 1995

GUTIERREZ], there is a lot to be said for have been a better Speaker? Maybe he ton to prevent us from enacting term the logic of retroactivity. My feeling is would have, but let the voters in that limits. This time we have a Speaker that we should only amend the Con- district decide. who is working with us to bring this to stitution if it represents an ultimate Also one of the main arguments that a vote. truth, something about which there we have used against Congress in our I rise today, Mr. Chairman, to point can be no debate. For instance, the incessant campaigns against Congress out the basic case for term limits and 13th amendment abolished slavery. has been the fact that staffs are too then to answer several of the objec- Now, would those who favor term lim- powerful. Nothing could make staffs tions. its have followed the logic in the 1860’s more powerful than to have Members First, the basic case: The average of saying, ‘‘I am opposed to slavery, rotating in and out and having a per- American, as the Members can see here but I’m not going to free my slaves manent unelected body of staff decid- by my chart, keeps his or her job 6 until the amendment is adopted’’ or ing the legislation, deciding the proce- years. The average Member of Congress ‘‘I’m going to continue being a slave dures, deciding the process. keeps his or her job 8 years. That is not holder because the 13th amendment I strongly believe that for a Congress terribly long, and a lot of speakers will isn’t adopted yet’’? to be effective we need a whole range of point out that some 200 Members are Of course not. If it is wrong, if it is Members in this Congress. We need the relatively new. immoral, if it somehow tears away at institutional memory of someone like But here is the critical statistic: The our country not to have term limits, a HENRY HYDE or a JOE MOAKLEY. average Members of the leadership who then lead by example—go home, be- The CHAIRMAN. The time of the we all know run this place have kept cause otherwise what you are saying is gentleman from New York [Mr. KING] their jobs for an average of 22 years. that this is just a political issue that has expired. This tells the story of why we need we use to get elected. And as a Repub- Mr. FRANK of Massachusetts. Mr. term limits. lican, I am very, very concerned about Chairman, I yield 30 additional seconds Let me point out another chart that this entire pernicious pattern of pan- to the gentleman from New York [Mr. tells the story of why we need term dering and posturing by Members who KING]. limits. Of course, we had all this dis- seem to have an unquenchable quest or Mr. KING. Mr. Chairman, I will take cussion, and we will hear plenty of it an unquenchable thirst for self-flag- the 30 seconds from Mr. SHAYS. today from the opponents of term lim- ellation. It is part of an overall pattern Mr. FRANK of Massachusetts. Mr. its, about the fact that we have had where they are denouncing everything Chairman, I would point out to the such a massive turnover in this body. about the Congress, denouncing being a gentleman that Mr. SHAYS got the 30 But let us ask where the turnover came politician, denouncing being a person seconds from us, so if he wants to go from. The turnover came from open committed to making change in gov- through the middleman, he is entitled. seat elections. Relatively few Members ernment. Mr. KING. I have enough trouble have lost their attempts to be elected, My feeling or my strong belief is that with my own party. It is easier if I get and let me show that to the Members those of us who say we want change, it from Mr. SHAYS. by this chart. what we are really doing, those of us Mr. Chairman, I thank the gentleman b who support term limits are saying from Massachusetts [Mr. FRANK] very 1215 that the voters in the districts are not much for his munificence. In 1990, 96 percent of those who want- smart enough to elect the proper Mem- In conclusion, Mr. Chairman, to be a ed to come back came back. In 1992, it bers to Congress. and what could be real representative body what we need went down a little bit. 88 percent of more elitist, what could be more anti- is a wide range of elected officials, but those who wanted to come back came democratic, what could be more of an we should not be imposing our will on back. In 1994, the election that got us inside-the-beltway mentality than to who those elected officials are. It this management change, and I am be denying the voters of individual dis- should be the genius of the American very thankful, as I just stated, for that tricts the right to elect the Members of people to decide that we need a person management change, because now we their choice? of experience like a HENRY HYDE and have an opportunity to debate term Just think, I say to the Republicans, we need a person like my good friend, limits, 90 percent of those of us who my fellow Republicans, of some of the the gentleman from South Carolina, wanted to come back were reelected. outstanding Members who would not Mr. BOB INGLIS who is going to be gone That I think tells the story of a perma- have been elected if we had had term in 3 years. But that is up to the people nent Congress, a Congress that be- limits. The voters of Ohio would not to decide, not for us to say who should comes out of touch with the people have been allowed to reelect Robert be changed or who should not be back home. Taft to his third term in the U.S. Sen- changed. Let the American people de- Now, about the issue of what the ate. The voters of Illinois would not cide that. They decided that in 1994 States have done, as you can see here, have been able to elect Everett Dirk- when they overwhelmingly rejected some 22 States have decided to limit sen. The voters of Kansas would not Democrats and elected Republicans. terms. That I think is an indication of have been allowed to reelect ROBERT We are our own best argument against the strength of support out there and DOLE. And on the Democratic side, out- term limits. why it is that this is finally long over- standing leaders such as Sam Rayburn Mr. CANADY of Florida. Mr. Chair- due and now thankfully on the floor of would not have been allowed to return man, I yield 5 minutes to the gen- the House of Representatives. to Congress because someone in Wash- tleman from South Carolina [Mr. In the time that remains, let me ad- ington said that it is wrong for the peo- INGLIS]. dress a couple of the major objections ple in Texas or Ohio or Illinois to se- Mr. INGLIS of South Carolina. Mr. to term limits. First, the bureaucracy lect the person they want to represent Chairman, I thank the gentleman for will run the place. Let me ask the them in Congress. yielding me the time, and I rise today other Members of Congress today to I am probably the last person in this to mark this historic occasion of fi- address this question. If you are talk- body who could be accused of being an nally having the opportunity to dis- ing civil servants, there is no way a Anglophile. However, the point is made cuss, debate, and vote on term limits Member of Congress can deal with a about Winston Churchill. He was a man on the floor of the House of Represent- civil servant. How about your personal who served over 40 years in the British atives. staff and how many do you have on Parliament. Are we saying it was What a wonderful day it is. After a your staff? I have got 15, and 2 part- wrong or that it was immoral for Win- long time working for this, we finally time folks. The people at home direct a ston Churchill to be in the Parliament get the opportunity. It is a great thing. whole lot of people. In small businesses at the time of World War II? What a difference an election can they may have 100 people they direct. Who among us would be better quali- make. In big corporations they may have fied? Would it have been that part-time In the last Congress we had a Speak- thousands of people they direct. So we farmer from some State? Would he er who sued us in the State of Washing- cannot make too much of our job here. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3893 Let us not think too highly of our- the issue. Clearly we need more The Constitution of the United selves. It is a relatively small oper- thought on this issue. States should not tell the voters who ation. There are only 15 or so in our of- Second, you hear what we need is a they cannot vote for. That is a Govern- fices, 18 if you have the full com- citizen legislature. We are all citizens. ment law that limits the choice of the plement and spending all the tax- It does not matter whether you have voters and tells the voters that if payers’ money and 4 part-time people. been here 2, 10, or 20 years, we are all someone has served for 6 or 8 or 12 It is a small operation. Let us be hon- citizens. But my point is, being in the years, they are no longer qualified to est. legislature is not a hobby. It is not a serve in the Congress of the United So the bureaucracy, you cannot con- lark. It is a job with a tremendous States, no matter how distinguished trol the civil servants now, except by amount of responsibility. I am going their service has been, no matter how controlling their appropriations. You into my third year, and I have to tell much they represented the viewpoints can control your own office, because you, it is an awesome responsibility, of the majority of their constituents, there are so few people in there. and there is a very high learning curve. and no matter how honest and forth- Now, second objection: We are going You do not manage a multitrillion-dol- right they are. I think that is wrong. to lose talent. How are we going to lose lar budget by walking in off the street. Second, term limits will end up the talent? If a talented Member of this People want to say, particularly on strengthening the hand of the execu- House wants to run for Governor, no- the Republican side of the aisle, well, tive and judicial branches at the ex- body in the term limit effort begrudges you ought to run Government like a pense of Congress. Many of the more them that. We would encourage them business. Ladies and gentlemen, you ardent supporters of term limits say to run for Governor. If a talented Mem- know, every business cherishes its tal- that they support limiting terms be- ber of the Senate wants to run for ented people. There is no corporation cause they wish to weaken the legisla- President, we encourage them to run in America that says after you have tive branch of Government, the Con- for President. We are not going to lose been here 6 years and begun to learn gress of the United States. But if one the talent; we are going to redirect it. the business or after you have been stops and thinks about that argument, All the folks we are hearing about we managing for 12 years and things are it weakens the only branch that is are going to lose, they might be the going well, we are going to kick you President of the United States if we out the door. It does not work that completely elected by the people of forced them out of here, or might be a way. Yes, run Government like a busi- this country. Every Senator and Rep- great Senator, or maybe a Governor. ness, keep talented people there. At resentative is an elected official. But We will force them over there. least give them the opportunity to be in the Executive and Judicial The third objection that my good retained. Branches, only the President is elected, friend just mentioned speaking before Third, you hear about incumbency. and those are the two branches of Gov- me is do not tell my people who they First of all, there are 83 new Members ernment that will become stronger pro- can vote for. Do not limit their in this body, so incumbents are not portionately as Congress is weakened choices. Well, who are you speaking winning all the races. The gentleman by term limits. for? Eighty percent of the American says most of the incumbents still won In fact, term limits will actually people want term limits. They told you anyway. Yes, people like me, who are make Representatives and Senators that. They tell you every town meet- incumbents the last time around, who more distant from their constituents, ing. They tell you in every poll taken were freshmen incumbents. There are because they will no longer have the in your district. Who are you speaking over 100 in my class. Most of us did incentive to go back home and face for? The 20 percent? win. That is not an indictment of this their people and find out what their They are giving you a message. They system to suggest that incumbents people are thinking in order to win re- want to limit you. They are just being win. That is the reasonable outcome. election. fairly polite about it by not telling you Finally, there is the issue of career The third problem with term limits to your face, but they are telling you politicians. Let me state emphatically, is that it will effectively place control in every opinion poll 80 percent of us there is nothing wrong with a career in of the House of Representatives in the want term limits. politics, if you do a good job, if your hands of the four largest State delega- So when you stand here and say do people think you do a good job, and if tions. That means that those who rep- not tell my people how they cannot re- they elect you. resent the other 46 States, no matter elect me, they are trying to tell you Mr. Chairman, I think the people how talented they are, are not going to they do not want to reelect you after a ought to have the right to select the be able to achieve the respect, to get period of time. person that they want. That is the only on good committees, and to achieve the Mr. FRANK of Massachusetts. Mr. issue in this debate, the right of Amer- knowledge that goes with being on the Chairman, I yield 21⁄2 minutes to the ican people to decide in their individ- strong and powerful committees, and gentleman from Maryland [Mr. WYNN]. ual district and their individual com- will be relegated to serving on the Mr. WYNN. Mr. Chairman, I thank munity if they want to retain someone committees that are of much lower pri- the gentleman for yielding. or if they want to oust them. I trust ority. Mr. Chairman, I would like to talk the wisdom of the American people to I just look at my own State, where about term limits, and maybe debunk make that decision on election day, Les Aspin and DAVID OBEY, Henry some of the myths that have been put and that is why I believe we do not Reuss and Clement Zablocki on the out about why term limits are such a need term limits. Democratic side, and Melvin Laird and good idea. Mr. CANADY of Florida. Mr. Chair- John Byrnes and William Steiger on Now, the first argument that you man, I yield 41⁄2 minutes to the gen- the Republican side have served with hear is that well, the majority of peo- tleman from Wisconsin [Mr. SENSEN- distinction. Buy they were never able ple like it. You just heard 80 percent of BRENNER]. to hit their prime until they had been the people like term limits. Well, they Mr. SENSENBRENNER. Mr. Chair- here for 10 or 12 years, because they have an easy solution. Do not vote for man, I rise in opposition to this joint had not gotten the respect and the us. The fact of the matter is, the people resolution, and I urge the membership chits from their other colleagues in right now have that option. All those to defeat each of the substitutes that order to get into positions of influence. people who do not like the incumbent will come before us later on today. Finally, term limits and changing can not vote for the incumbent. But if Term limits, in my opinion, are a bad the Constitution will not change you think about it, ladies and gentle- idea. They are anti-democratic, and I human nature. Human beings are those men, the point of the matter is this is think that they will upset the balance who are elected by the people to rep- not a popularity contest. A lot of the of power and checks and balances that resent them in the Congress of the majority at one point in time thought the Framers of our Constitution so United States. The reward for doing a slavery was a good idea. You could delicately devised and which have good job in this business is reelection, probably get a majority today to abol- served the United States of America so and that is an incentive that drives us ish all taxes. That does not dispose of well for over 200 years. to represent our people and to go back H 3894 CONGRESSIONAL RECORD — HOUSE March 29, 1995 home and listen to what the people are us by the Founders. The solution is not chart. So statistical norms show that saying. to remove the trust, but for the people we are in a period of time far different I am afraid that with term limits we to fully inform themselves and fully from what the Founding Fathers could would become much like Mexico, which participate in the electoral process as have envisioned. is a government that has a term limit the Founders envisioned. That has hap- With these fundamental institutional of one term on all of their elected offi- pened with a vengeance in the last two changes has come a change in the atti- cials. If you do not have to go back elections. Today, over half the House of tude of Members serving in Congress. home, then you start looking for the Representatives has served less than 4 Most Members have no outside earned next job right away. Every contact years. Congress is today a dynamic income, and many are prohibited by with the lobbyists then becomes a con- body, responsive to the people—with- law from practicing their professions. tact with a potential future employer. out changing the Constitution. As a consequence, it is only natural As it stands now, no Senator or Rep- Those who today urge support for that a great many Members view Con- resentative starts looking for the next term limits have it wrong. The Found- gress as a career and are motivated to job until they decide to retire or the ers, who debated term limits exten- protect themselves from reelection voters decide that question for them. sively in 1787, got it right the first challenges by far more than the simple With term limits, you are going to time. Leave it to the people. desire to continue to serve their coun- have people looking forward to the Mr. CANADY of Florida. Mr. Chair- try. They see these facts: A seniority next job right from the very beginning. man, I yield 6 minutes to the gen- system which generally rewards length That is going to end up corrupting the tleman from Florida [Mr. MCCOLLUM]. of service and the power of incumbents system of government that we have to Mr. MCCOLLUM. Mr. Chairman, I seeking reelection. Consequently many an even greater extent than it is now. thank the gentleman for yielding. vote with the primary concern being Please vote against term limits, up- Mr. Chairman, this is truly a historic how the vote will affect their reelec- hold the Constitution of the United day, the first time in the history of the tion chances rather than what is best States, and uphold the checks and bal- U.S. House of Representatives that we for the country. ances which have served our country so are here to have a debate and vote on This concern with reelection fre- well. limiting the terms of Members of the Mr. FRANK of Massachusetts. Mr. quently translates into votes to please U.S. House and Senate. It is something every interest group. Virtually every Chairman, at her request, I yield 30 a lot of us have wanted to do for a long seconds to the gentlewoman from Or- budget item has a constituency in each time, but we have never had that op- congressional district. The Congress- egon [Ms. FURSE]. portunity under the previous adminis- Ms. FURSE. Mr. Chairman, I am ris- man knows that if he or she votes tration and the 40 years of Democrat against the wishes of that constituency ing in support of the term limit bills. I control. But we have it here today. introduced a term limits bill identical he risks their votes in the next election Now we need to take advantage of it. and that the best way to get reelected to the one that Oregon passed. I want We need to answer in this term limit to say to my Republican colleague, the is to avoid displeasing any interest debate two questions: Are congres- group no matter its size. Votes, not gentleman from New York [Mr. KING], sional term limits a good idea; and, if he said Washington should not dictate. campaign contributions, are the real so, what version is best to place in the issue. Hence, no amount of campaign No, Washington should not. And it is U.S. Constitution? not Washington who is dictating, it is finance reform will solve this problem. The answer to the first question is Enactment of term limits is the only the voters. The voters of Oregon over- clearly yes. The fact that nearly 80 per- whelmingly voted in favor of term lim- way to alter this attitude. With term cent of the American people favor term its, and I support the term limits bill. limits in place, those coming into Con- limits may alone be reason enough to Mr. SHAYS. Mr. Chairman, I yield 3 gress will know that they have only a enact them. But this begs the question. minutes to the gentleman from Illinois limited period of time in the House or While there are numerous reasons for [Mr. PORTER]. Senate. Most will not come with a ca- the support, the most profound go to Mr. PORTER. Mr. Chairman, it is reer attitude. While still concerned the need to change the institution of amazing to me that anyone can believe with reelection, inevitably there will Congress itself and the attitude of that if only we can correct the faulty be less conscious or subconscious pres- those who serve. When the Founding Constitution our Founders gave us by sure to vote to please every interest Fathers wrote the Constitution, they adding term limits, all our problems group. This cannot help but make bal- could not have foreseen the full-time will be solved. anced budgets more likely and lead to In 1787, the American Constitution year-round Congress of today. They never envisioned a Federal Govern- decisions more favorable to the citi- was a revolutionary document, placing, zenry as a whole than to a collection of for the first time in human history, its ment as large and complex as it is now. They viewed Congressmen as citizen interest groups. faith in the individual judgment of or- Term limits will also mean a perma- dinary people as our governing force. legislators who spent only a couple of months every year legislating and the nent end to chairmen who can control Now some would abandon faith in the a committee for 15 or 20 years. It will judgment of the people and urge an ar- rest of the time at home conducting their personal business. guarantee fresh new faces and ideas tificial restraint. regularly coming to Washington. The Founders debated the issue of b 1230 Of course, there will be some loss of term limits at the constitutional con- Indeed for over 100 years, most House experience and institutional wisdom. It vention and ultimately decided that Members served two terms or less and is a necessary tradeoff. With thousands the sole responsibility for choosing the only in this half century has Congress of talented Americans available to fill people who would represent them the shoes of those departing, the loss should be left to the people, and not be become a year-round, full-time job. The chart that I have here explains will not be nearly as great as term lim- controlled or limited by the Govern- its critics will say. ment. Thomas Jefferson said it best in this pretty clearly. We have had a As to the choices among the term a letter to William Charles Jarvis on number of speakers this morning talk- limit alternatives, the most rational September 28, 1820: ing about the fact that we have had turnover recently in the last two elec- approach, in my judgment, is embodied I know no safe depository of the ultimate in House Joint Resolution 73 which I power of the society but the people them- tions. The problem is historically, if selves; and if we think them not enlightened you look at the chart, you can see the have offered and is the base text before enough to exercise their control with a first 100 years of the Nation, we had us today. It provides a permanent 12- wholesome discretion, the remedy is not to very few Members who served nearly as year limit on both the House and Sen- take it from them, but to inform their dis- long. Now they are serving a lot longer ate with no retroactivity and silence cretion. and those in the blue line on this chart on State preemption. To provide lower Our problems do not lie with a poorly who run for reelection are being re- limits for the House than for the Sen- written Constitution. They lie with our elected overwhelmingly, very high per- ate would mean that the House would failure to live up to the trust placed in centages today on the far end of that become a weaker body vis-a-vis the March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3895 Senate. Furthermore, a 6-year House will have to wait for my answer until do not think you want to do that to limit does not provide sufficient time later. this institution. for a Member to become experienced Mr. Chairman, I yield 5 minutes to I believe the public ought to have a enough to do a good job in serving as a the gentleman from Wisconsin [Mr. right to vote for anybody they want, chairman of a full committee or in a OBEY]. without the benefit of social engineer- major leadership position in Congress. Mr. OBEY. Mr. Chairman, I thank ing by would-be constitutional scholars Shorter limits validate the critics’ ar- the gentleman for the time. in this House. gument that term limits will lead to I think the greatest disservice that I believe term limits would allow bu- staff domination whereas 12 years vir- any public official can pay to the peo- reaucrats whose favorite weapon is in- tually eliminates it. ple he represents and to the democratic ertia to simply try to out wait any ag- Those who want to set a 12-year cap system is to cynically manipulate pub- gressive committee chairman. When- and leave it to the States to decide lic frustrations and to then give their ever they are in conflict with the com- lesser limits are asking for a perma- voters the impression that they are mittee, they will simply say to their nent hodgepodge of 6-, 8-, and 12-year pretending to be for something which agency people: ‘‘Do not worry about it, limits throughout the Nation which in they really are opposing. just stall and we will out wait them.’’ the long run cannot help but be bad I think that is happening today. I Most of the time they would win under public policy. It is naive to assume think the greatest honor a public offi- these propositions. that all States would eventually reach cial can do to the people he represents I also believe that small States like a uniform norm under the 12-year cap. is to deal honestly with them, espe- mine would very seldom be able to see Political reality says that some States cially when he has an honest disagree- Members of their delegation rise to would always have lower limits than ment with them. chairmanships because if there were no others. If the Supreme Court rules in In my view, voters are being treated long-term development of seniority, I favor of the States in the current pend- to a cynical charade by the way this think the large States would simply di- ing case, such a hodgepodge could exist term limit proposition is being handled vide up the major chairmanships and even under House Joint Resolution 73, in the House today. For many years, the major committee assignments for but others want to give the States such many in the Republican leadership themselves. I would like to pay tribute in this de- a right regardless of the Court inter- have told the public that they are for bate to people like the gentleman from pretation in the constitutional lan- term limits in order to get votes, but Illinois [Mr. HYDE], not because he guage. This simply does not make then they unexpectedly came into agrees with me but simply because he sense. power. They find themselves now in is true to his conscience and is not en- Some term limits supporters genu- control, and they now have to produce gaged in a cynical double game. He inely favor retroactivity, but most un- what they promised. does the country honor by playing it derstand that in the current debate Does anybody really believe that a straight. And in my view, he does that retroactivity is a mischievous tool of Member who has served 16 years is sin- on virtually every issue that is before those who are opposed to limits. None cere in saying that he is for term lim- the House. That is why I think he is a of the 22 States that have adopted term its when he continues to file for reelec- very valuable Member for the House limit initiatives have retroactivity. In tion every 2 years? If they were sin- and that is why I believe that if we had Washington State where it was fea- cere, it seems to me all they would more like him, we would not be en- tured, the initiative lost, and a later have to do is to demonstrate that sin- gaged in this charade today. one without it succeeded. As a prac- cerity by simply deciding not to run So I would simply say, let us not tical matter retroactivity will cost again. really even give credibility to this votes on final passage and every vote is The process today, in my view, is de- ‘‘let’s pretend’’ process. We all under- going to be needed to get to the 290 signed to kill term limits. It allows stand that many of the sponsors of this necessary to pass term limits in the Members to pretend that they are op- proposal are in a very uncomfortable House today. The retroactivity amend- posed to term limits by voting for any position. They promised something ment will kill term limits. And I urge one of the four propositions before the they never dreamed they would have to a vote against it. House. But because there are four prop- deliver on, and now I think we have an Though the merits of each term limit ositions rather than one, procedurally elaborate charade to pretend that they proposal should be thoroughly debated, you virtually guarantee that there will tried. every Member of the House who truly be insufficient votes for any one of the I do not think that does any real supports term limits should put aside four, thus enabling people to go home service to the American people. I think their differences. and say, ‘‘Oh, I voted for term limits, we ought to play it straight and lay And when we get, after the amending but * * *’’ out our views on this issue honestly. process, to vote on final passage, we It just seems to me that that is a That is what I think the gentleman need a yes vote. Better than 80 percent charade which does the public no great from Illinois has done today. of the American people favor term lim- service. Mr. CANADY of Florida. Mr. Chair- its, Democrats and Republicans alike I would also point out that the main man, I yield 3 minutes to the gen- are evenly divided. We are going to term limits amendment does not even tleman from Ohio [Mr. HOKE]. have 80 to 90 percent of the Repub- apply to most senior Members of this Mr. HOKE. Mr. Chairman, I thank licans voting for it. If we just get 50 House, such as myself. It is a ‘‘let’s the gentleman from Florida for yield- percent of the Democrats to do it, we pretend’’ term limit. It takes place ing time to me. can pass term limits today. only in the hereafter. It does not take I stand up in strong support of term We need to have this healthy debate. place in the here and now. To me that limits. I want to address some of the Term limits are overdue. I urge a fa- is a measure of its unreality. remarks that I have heard here this vorable vote for the final passage of I oppose the concept of term limits morning, specifically the suggestion term limits and this great historic de- because I took an oath to uphold the that this is a cynical attempt on the bate. Constitution. I take that oath seri- part of House Republicans to fulfill Mr. FRANK of Massachusetts. Mr. ously. I honestly believe that if these something that they never intended to Chairman, I yield myself 15 seconds. proposals pass, from the day Members have happen in the first place. I am sorry my friend did not yield to walk into this institution they will be Nothing could be further from the me. As he described the terrible things on the lookout and they will be shop- truth. The fact is there is a cynical that happen to the attitude of Members ping for their next job. As my col- amendment that will be on the floor who have been here too long and if league, the gentleman from Wisconsin today, a very cynical amendment. And they have been here, especially after 12 [Mr. SENSENBRENNER], said, every time the reason that it is cynical is that it years, I was going to ask him when in a lobbyist walks into their office, they has been brought by Members, the gen- his 15 years of service this terrible will be looking at that lobbyist as a po- tleman from Michigan [Mr. DINGELL], thing happened to him. But I guess I tential employer in a few short years. I the gentleman from Massachusetts H 3896 CONGRESSIONAL RECORD — HOUSE March 29, 1995

[Mr. FRANK], by individuals who have The CHAIRMAN. The Committee will 197, answered ‘‘present’’ 2, not voting very publicly stated they are abso- now rise. 23, as follows: lutely opposed to term limits. And Accordingly, the Committee rose; [Roll No. 273] they are bringing this amendment with and the Speaker pro tempore (Mr. YEAS—212 retroactivity in the belief that it will TORKILDSEN) having assumed the chair, somehow embarrass and that it will Allard Franks (CT) Moorhead Mr. KLUG, Chairman of the Committee Armey Franks (NJ) Morella somehow create problems for our side. of the Whole House on the State of the Bachus Frelinghuysen Myers But the reason that it is cynical is Union, reported that that Committee, Baker (CA) Frisa Myrick that they have absolutely no intention having had under consideration the Baker (LA) Funderburk Nethercutt Ballenger Gallegly Neumann whatsoever of voting for it on final pas- joint resolution, (H.J. Res. 73) propos- Barr Ganske Ney sage. Let us say that under these queen ing an amendment to the Constitution Barrett (NE) Gilchrest Norwood of the hill rules the Dingell amend- of the United States with respect to Bartlett Gillmor Nussle ment actually gets the most number of Bass Gilman Packard the number of terms of office of Mem- Bateman Goodlatte Paxon votes. The question is, are they going bers of the Senate and the House of Bereuter Goodling Petri to then vote for it on final? I wanted to Representatives, certain words used in Bilbray Goss Pombo be able to ask that question of the gen- debate were objected to and on request Bilirakis Graham Porter tleman from Illinois [Mr. GUTIERREZ]. I Blute Greenwood Portman were taken down and read at the Boehlert Gutknecht Pryce looked for Mr. GUTIERREZ, he spoke Clerk’s desk and he does now report Boehner Hancock Quillen glowingly of the Dingell amendment. the same to the House. Bonilla Hansen Quinn Bono Hastert Radanovich He spoke disparagingly of all three of The Clerk will report the words ob- the Republican amendments. Is Mr. Brownback Hastings (WA) Ramstad jected to in the Committee of the Bryant (TN) Hayworth Regula GUTIERREZ going to vote on final in Whole House on the State of the Union. Bunn Hefley Riggs favor of the Dingell amendment if that Bunning Heineman Rogers The Clerk read as follows: gets the most number of votes? Burr Herger Rohrabacher I had specific conversation with the gen- Burton Hobson Ros-Lehtinen Mrs. SCHROEDER. Mr. Chairman, Buyer Hoekstra Roth will the gentleman yield? tleman from Michigan, and he stated to me very clearly that it is his intention to vote Callahan Hoke Royce Calvert Hostettler Salmon Mr. HOKE. I yield to the gentle- against this bill on final. Now, if that is not woman from Colorado. Camp Houghton Sanford a cynical manipulation and exploitation of Canady Hunter Schiff Mrs. SCHROEDER. Mr. Chairman, if the American public, then what is? What Castle Hutchinson Seastrand the gentleman from Illinois [Mr. could be more cynical? What could be more Chabot Hyde Sensenbrenner GUTIERREZ] were, would that change hypocritical? Chambliss Inglis Shadegg the gentleman’s opinion of what is Chenoweth Istook Shaw The SPEAKER pro tempore. In the Christensen Johnson (CT) Shuster going on? opinion of the Chair, ascribing hypoc- Chrysler Johnson, Sam Skeen Mr. HOKE. Mr. Chairman, it would risy to another Member has been ruled Clinger Jones Smith (MI) change my opinion with respect to Mr. Coble Kasich Smith (NJ) out of order in the past, and is unpar- Coburn Kelly Smith (TX) GUTIERREZ, sure, it would. I would liamentary. Collins (GA) Kim Smith (WA) think that that is not cynical. That is Without objection, the words are Combest King Solomon not hypocritical. . . . stricken from the record. Cooley Kingston Spence Mr. DINGELL. Mr. Chairman, I de- Cox Klug Stearns There was no objection. Crane Knollenberg Stockman mand that the gentleman’s words be Without objection, the gentleman Crapo Kolbe Stump taken down. Cremeans LaHood Talent may proceed in order. The CHAIRMAN. The Clerk will re- Cubin Largent Tate Mr. DINGELL. Reserving the right to port the words objected to. Cunningham Latham Taylor (NC) object, Mr. Speaker. I have been wait- Davis LaTourette Thomas b 1243 ing for an apology from the gentleman. DeLay Leach Thornberry Diaz-Balart Lewis (CA) Tiahrt Mr. HOKE. Mr. Chairman, I ask I know he wants to apologize and does Dickey Lewis (KY) Torkildsen unanimous consent to withdraw those not want to leave these things on the Doolittle Lightfoot Upton record, because I am sure he realizes Dornan Linder Vucanovich specific words. Dreier Livingston Waldholtz The CHAIRMAN. Is there objection that it reflects unfavorably upon him, Duncan LoBiondo Walker to the request of the gentleman from as it does upon me, so I am waiting for Dunn Longley Walsh Ohio? the apology. I know the gentleman Ehlers Lucas Wamp Ehrlich Manzullo Watts (OK) Mr. DINGELL. Reserving the right to wants to give it to me. Emerson Martini Weldon (FL) object, Mr. Chairman, what words was Mr. HOKE. Mr. DINGELL, I very clear- English McCollum Weldon (PA) it the gentleman would like to with- ly stated that I ask unanimous consent Ensign McCrery Weller to withdraw my words, and I requested Everett McDade White draw? Ewing McInnis Whitfield Mr. HOKE. Mr. Chairman, I ask that that be done. You objected to Fawell McIntosh Wicker unanimous consent to withdraw the that. Fields (TX) McKeon Wolf word hypocritical. Mr. HOKE. I have told you on the Flanagan Metcalf Young (AK) Foley Meyers Young (FL) Mr. DINGELL. What about the word Record that I will not apologize. Forbes Mica Zeliff cynical? Mr. DINGELL. Mr. Speaker, I object. Fowler Miller (FL) Zimmer Mr. HOKE. In reference to you di- The SPEAKER pro tempore. Objec- Fox Molinari rectly, Mr. DINGELL, ‘‘cynical.’’ tion is heard. NAYS—197 Mr. DINGELL. Did the gentleman The question is: Shall the gentleman Abercrombie Brown (OH) Dicks also wish to apologize? be allowed to proceed in order? Ackerman Bryant (TX) Dingell Mr. HOKE. No, I did not. The question was taken; and the Andrews Cardin Dixon Mr. DINGELL. He did not wish to Speaker pro tempore announced that Baesler Chapman Doggett apologize. Then I object. Baldacci Clayton Dooley they ayes appeared to have it. Barcia Clement Doyle The CHAIRMAN. Objection is heard. Mr. CONYERS. Mr. Speaker, I object Barrett (WI) Clyburn Durbin The Clerk will continue. to the vote on the grounds that a Barton Coleman Edwards The Clerk will report the words. Becerra Collins (MI) Engel quorum is not present and make the Beilenson Condit Eshoo The Clerk read as follows: point of order that a quorum is not Bentsen Conyers Evans I had specific conversation with the gen- present. Berman Costello Farr tleman from Michigan, and he stated to me Bevill Coyne Fattah The SPEAKER pro tempore. Evi- Bishop Cramer Fazio very clearly that it is his intention to vote dently a quorum is not present. against this bill on final. Now, if that is not Bonior Danner Fields (LA) Borski Deal Filner a cynical manipulation and exploitation of The Sergeant at Arms will notify ab- sent Members. Boucher DeFazio Flake the American public, then what is? What Brewster DeLauro Foglietta could be more cynical? What could be more The vote was taken by electronic de- Browder Dellums Ford hypocritical. vice, and there were—yeas 212, nays Brown (CA) Deutsch Frank (MA) March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3897 Frost Martinez Rose stated a motion to give the gentleman Mr. FRANK of Massachusetts. Yes, I Furse Mascara Roukema Gejdenson Matsui Roybal-Allard the opportunity to proceed and speak. said, parliamentary inquiry. Gephardt McCarthy Rush Is my recollection correct, is that the The SPEAKER pro tempore. The gen- Geren McDermott Sabo motion which we just voted on? tleman will state the nature of his par- Gibbons McHale Sanders The SPEAKER pro tempore (Mr. Gonzalez McKinney Sawyer liamentary inquiry. Gordon McNulty Schroeder TORKILDSEN). The gentleman’s recollec- Mr. FRANK of Massachusetts. Mr. Green Meehan Schumer tion is correct. Speaker, I understand that the ruling Gutierrez Meek Scott Mr. DURBIN. Mr. Speaker, I would the Chair had the right to make a mo- Hall (OH) Menendez Serrano like to ask this of the Chair then; it is Hall (TX) Mfume Shays tion in this case. My question is, may Hamilton Miller (CA) Sisisky my understanding that the Chair has the Chair make any other motion as Harman Mineta Skaggs the right under the rules to make a well? I mean, in the middle of the de- Hastings (FL) Minge Skelton unanimous-consent request that an in- bate if we had an open rule, could the Hefner Mink Slaughter dividual be allowed to proceed after his Hilliard Mollohan Spratt Chair make an amendment during the Hinchey Montgomery Stark words have been stricken, but in this 5-minute rule? Holden Moran Stenholm case I wonder if it is the prerogative of The SPEAKER pro tempore. The Hoyer Murtha Studds the Chair to make such a motion, or Jackson-Lee Nadler Stupak Chair does not have the right to make whether it should have been made by a Jacobs Neal Tanner a motion. Under this circumstance the Member of the body? Johnson (SD) Oberstar Tauzin Chair has the right to put the question Johnson, E.B. Obey Taylor (MS) The SPEAKER pro tempore. The Johnston Olver Tejeda Chair has the right to entertain unani- to the body. Kanjorski Ortiz Thompson Mr. FRANK of Massachusetts. I have Kaptur Orton Thornton mous-consent requests. Under previous Kennedy (MA) Owens Thurman rulings of the Chair in 1991, the Chair another parliamentary inquiry, Mr. Kennedy (RI) Pallone Torres does have the right to put that ques- Speaker. There was no question if the Kennelly Pastor Torricelli tion to the body. Chair had not put the question. Some- Kildee Payne (NJ) Towns one made a unanimous-consent re- Kleczka Payne (VA) Traficant Mr. DURBIN. Beyond the unanimous- Klink Pelosi Tucker consent request? quest. But then I do not understand the LaFalce Peterson (FL) Velazquez The SPEAKER pro tempore. Beyond ruling. No one made the motion. so Lantos Peterson (MN) Vento how can the Chair put a question on an Laughlin Pickett Visclosky the unanimous-consent request, since Levin Pomeroy Volkmer it is ultimately the House’s decision, unmade motion? There was a unani- Lewis (GA) Poshard Ward no Member sought to question the rul- mous-consent request which was ob- Lincoln Rahall Waters ing of the Chair, the question was put jected to. Unanimous consent requests Lipinski Rangel Watt (NC) Lofgren Reed Wilson to the House. have never, in my experience, Lowey Reynolds Wise Mr. DURBIN. If I might conclude, I transmogrified into motions unless Luther Richardson Woolsey would take exception to the Chair’s someone makes them. So the question Maloney Rivers Wyden statement, and I of course defer to the Manton Roberts Wynn is, may the Speaker make a motion? Markey Roemer Chair’s authority on this question. The SPEAKER pro tempore. The gen- ANSWERED ‘‘PRESENT’’—2 But it would strike me that under tleman’s point of parliamentary in- these circumstances, once the Chair Gunderson McHugh quiry, to the extent the Chair under- has put the unanimous-consent request stands it, is whether or not the Chair NOT VOTING—23 and there has been objection, that at made a motion. The Chair cannot make Archer Hilleary Scarborough the very minimum there should be a a motion in the circumstance. Under a Bliley Horn Schaefer motion made by a Member of the floor. Brown (FL) Jefferson Souder previous ruling of the Chair, the Chair Clay Lazio Stokes It does not appear to me to be the can put the question to the Members Collins (IL) Moakley Waxman Chair’s right or prerogative to try to without a Member asking that the de la Garza Oxley Williams reinstitute the rights of the individual Gekas Parker Yates question be put. Hayes Saxton Member to proceed and to speak, once Mr. FRANK of Massachusetts. A par- his words have been stricken and objec- b 1308 liamentary inquiry, Mr. Speaker. What tion has been voted. question? If no one had made a motion, Mr. MURTHA, Mr. EDWARDS, Ms. I also find it unfortunate, I have to what is the question? say, for both sides of the aisle. I will KAPTUR, and Mr. HILLIARD changed The SPEAKER pro tempore. And the conclude, I find it unfortunate on both their vote from ‘‘yea’’ to ‘‘nay.’’ question is solely limited to whether or Mr. MCHUGH changed his vote from sides of the aisle that these motions not the Member can proceed in order. ‘‘nay’’ to ‘‘present.’’ which really go to the decorum of the Mr. VOLKMER. A parliamentary in- So the gentleman from Ohio [Mr. House have been partisan motions, and quiry. I have a parliamentary inquiry, HOKE] was allowed to proceed in order. I understand that in the past our side Mr. Speaker. The result of the vote was announced has been guilty as your side has. But if The SPEAKER pro tempore. The gen- as above recorded. we are to maintain decorum in this tleman will state the nature of his par- PARLIAMENTARY INQUIRIES body I hope we can take a second look liamentary inquiry. Mr. DURBIN. Mr. Speaker, I have a at this type of question. Mr. VOLKMER. The parliamentary parliamentary inquiry. Mr. FRANK of Massachusetts. A par- inquiry is whether the Chair now plans The SPEAKER pro tempore. The gen- liamentary inquiry, Mr. Speaker. to go back into the Committee of the tleman will state the nature of his par- The SPEAKER pro tempore. The Whole or the Chair plans to recognize liamentary inquiry. Chair will state these rules and prece- Mr. DURBIN. Mr. Speaker, I would dents have been developed over time the gentleman from Ohio at this time, like the Chair to clarify the vote that while both parties have been in the ma- and it has a lot to do with what the was just taken. It is my understanding jority and those precedents were fol- gentleman from Missouri that is now that words were taken down, words ut- lowed today. speaking does. tered by the gentleman from Ohio [Mr. The gentleman from Massachusetts b 1315 HOKE] and those words were deter- [Mr. FRANK], for what purpose does the mined by the Speaker to be out of gentleman rise? The SPEAKER pro tempore (Mr. order. At which point, if I recall cor- Mr. FRANK of Massachusetts. Mr. TORKILDSEN). If the gentleman from rectly, the words were stricken, and Speaker, I understand the explanation Ohio seeks recognition at this point, the Chair stated a unanimous-consent was that the Chair had the right to the Chair will recognize the gentleman request that the gentleman be able to make a motion, is that, because that is from Ohio. proceed. what the Chair did. Mr. VOLKMER. Mr. Speaker, I would There was objection to that unani- The SPEAKER pro tempore. Is the suggest, and I would hope, so we can mous-consent request, at which point, gentleman rising for a parliamentary move on, that the gentleman from Ohio if I am not mistaken, the Chair then inquiry? would request permission to speak. H 3898 CONGRESSIONAL RECORD — HOUSE March 29, 1995 The SPEAKER pro tempore. For Seventy-five to eighty percent of the ute if it were put to an up-or-down vote what purpose does the gentleman from Americans that have had the oppor- today, and when you go home and tell Ohio [Mr. HOKE] rise? tunity to vote on this have voted in them that you were for term limits, f favor of it. They voted ‘‘yes.’’ they will know that it was just a show. Clearly our constituents are saying, Let me also make it clear I hear a lot APOLOGY FOR ‘‘We want term limits. We want term of Republicans blaming Democrats in MISUNDERSTANDING OF REMARKS limits now.’’ case term limits does not pass. The Mr. HOKE. Mr. Speaker, I ask unani- I urge you to vote in favor of them, Democrats did not run on the Contract mous consent to address the House. and what I would say is if this does With America. Democrats did not say The SPEAKER pro tempore. Is there come down to a partisan fight, what we that there is a revolution in this coun- objection to the request of the gen- need is just 50 percent of the Demo- try and term limits will be the corner- tleman from Ohio? crats to vote in favor of this. We are stone. The Republicans did. There was no objection. going to get 90 percent of the Repub- And now there is too much party dis- Mr. HOKE. Thank you, Mr. Speaker. licans. If we can get 50 percent of the cipline to get one of the term-limits Mr. Speaker, I would like to just say Democrats voting in favor of it, we are bills passed. Well, look, party dis- to the gentleman from Michigan that I going to pass term limits. We are going cipline was not a problem when it came think it is unfortunate what has oc- to get 290 votes. That is all we need. to cutting school lunches or preventing curred and has taken place. It was not I urge you to vote in favor of it. If we Congress from passing real lobbyist re- my intent under any circumstances to do not, then so be it. The people, the form. So we all know the Republican direct my remarks in a way that you voters, will make this decision in No- leadership can get the votes when they would be personally offended, and if vember 1996, and they will have the op- want to. portunity to decide whether or not that is the case, my remarks are di- The American people who support they want term limits. rected at the larger debate with respect term limits are about to find out the Mr. CONYERS. Mr. Chairman, I yield to term limits, specifically the par- dirty little secret around here: The 30 seconds to the gentleman from Illi- liamentary maneuvering that is taking vast majority of Republicans support nois [Mr. GUTIERREZ]. place with respect to it and the sub- term limits, but only if it does not stance of the debate. Mr. GUTIERREZ. Mr. Chairman, I understand that when I left, the gen- apply to them. And certainly, there was no intent on Mr. SHAYS. Mr. Chairman, I yield 4 tleman from Ohio [Mr. HOKE] was won- my part, not now, not during the de- minutes to the gentlewoman from New bate, not in the future to make com- dering where I was it. I was back in my Jersey [Mrs. ROUKEMA]. ments that would be taken personally office doing the people’s business and ensuring that things are carried out. (Mrs. ROUKEMA asked and was by you in an offensive way, and to given permission to revise and extend whatever extent you perceived them in We speak here, and then we go about her remarks.) that way, I am sorry, and I apologize. our other duties and responsibilities, Mrs. ROUKEMA. Mr. Chairman, I Mr. DINGELL. Mr. Speaker, will the but I understand he had a question, and think it is about time we had some gentleman yield? the question may be the motives be- straight talk on this subject, and I am Mr. HOKE. I am happy to yield to the hind my speech. opposed to the term limits. gentleman from Michigan. And let me just be very clear with As a former teacher of history and Mr. DINGELL. Mr. Speaker, I accept the gentleman from Ohio that he can government, I consider myself a con- the apologies of the gentleman, and I sleep and rest assured that if a term- stitutionalist. The Constitution is a thank him. limit bill comes before this House that document that stood the test of time The SPEAKER pro tempore. The includes retroactivity, that is, imme- for two centuries and is the model for Committee will resume its sitting. diacy, 12 years, that this gentleman in- tends to vote for it, and is encouraging emerging democracies throughout the b 1316 and working with others to vote for it. world. Accordingly, the House resolved it- Mr. CONYERS. Mr. Chairman, I yield You know, the Founding Fathers got self into the Committee of the Whole 2 minutes to the gentleman from Mas- it right. They established term limits House on the State of the Union for the sachusetts [Mr. MEEHAN]. when they wrote the Constitution. further consideration of the joint reso- Mr. MEEHAN. Mr. Chairman, I rise They are called elections. Yet here we lution (H.J. Res. 73) proposing an as a supporter of term limits, and I are today in this debate, and we have amendment to the Constitution of the have to say, P.T. Barnum launched the heard that the majority of the Amer- United States with respect to the num- Greatest Show on Earth with the idea ican people, fueled by radio talk shows ber of terms of office of Members of the that a sucker is born every minute. and pollsters, support term limits. Senate and the House of Representa- Well, it looks like the circus is com- I believe their instincts are right, but tives, with Mr. KLUG in the chair. ing to town a little early, because the they have come up with the wrong so- The Clerk read the title of the joint Republican Party is applying that lution. We do need congressional turn- resolution. same philosophy to term limits. over experience fresh ideas, but we also The CHAIRMAN. When the Commit- In the Big Top we call the Capitol, need that combined with experience tee of the Whole rose earlier today, the there are Members of Congress who and expertise and institutional mem- following time remained in debate: The promise lower taxes, higher defense ory for more senior Members. gentleman from Florida [Mr. CANADY] spending, and a balanced budget all at Mr. Chairman, there is a learning had 611⁄2 minutes remaining; the gen- the same time. Now, these career poli- curve to every job. The same is true for tleman from Michigan [Mr. CONYERS] ticians say that they support term lim- new Members of Congress. To impose had 391⁄2 minutes remaining; and, fi- its, only if they are not retroactive and automatic term limits would generally nally, the gentleman from Connecticut do not have a chance of passing. increase the power of paid congres- [Mr. SHAYS] had 24 minutes remaining. The long and the short of it is they sional staff, unelected lobbyists, The Chair recognizes the gentleman support term limits as long as there is unelected government bureaucrats and from Ohio [Mr. HOKE] for the final 1 no chance that their own terms might regulators. This is something the peo- minute. be limited. ple have not figured out yet. Mr. HOKE. Mr. Speaker, I thank the I have news for the political contor- I would also submit that term limits gentleman from Florida for yielding. tionists of NEWT’s three-ring circus, will only exacerbate the so-called re- I would like to conclude my remarks the voters are not as dumb as you volving-door syndrome, elected offi- simply by saying that I rise in strong think. They believed you when you ran cials spending their time and energy support of term limits today. on the Contract With America and said while in office paving the way for a lu- We have waited for many, many you were not interested in a career in crative job in the private sector with years to get this vote to the floor. We Washington and would limit your term the special-interest groups they have have had over 24 million Americans al- in office. They know the House would been serving after they leave office. ready choose in favor of term limits. pass the Sanford-Deal term-limits stat- Automatic term limits will intensify March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3899 and institutionalize the resume-build- change the Rules of the House on our the House of Representatives have been ing that already occurs all too often in opening of the 104th Congress. elected since 1990. this Congress. Back in January, we voted for term Mr. Chairman, excuse the personal Voters already have the power to limits for the Speaker of the House. reference, but talking about the Mont- limit the terms of elected officials by And on that first historic day, we voted gomery GI bill, which is an educational exercising that right in the voting for term limits for our committee benefit for our active forces as well as booth. chairmen. the National Guard and Reserve. The most graphic evidence of this Now, it is time to vote for term lim- Our forces in the 1970’s were having was seen in the last two congressional its for the rest of us. problems. We were not getting the elections. As you know, large numbers This will be the first time on this quality into the military. So we had to of sitting Members, people right in floor that we have had the opportunity come up with something to attract here in this room, were elected to the to vote on term limits. And just as we these people into the Guard and Re- point where nearly one-half of all voted overwhelmingly to reform Con- serve and the active forces. We came up House Members here today have served gress on that opening day, I urge my with educational benefits. We started less than 3 years. The public spoke in colleagues to vote yes on term limits. working to help the military to get the the ballot box in the best tradition of Term limits is about changing Con- motivated young men and women into democratic government. gress—it is about changing the status the Service in the 1980’s. Mr. Chairman, And finally, I want to say that I rec- quo. That is why I ran for office in the it took us 5 years to get the educated ognize and I share the widespread pub- first place, and changing Congress is benefits enacted into law. We had the lic concern regarding the inevitable ad- why I am here today. same bill number, H.R. 1400, and we vantage congressional incumbents Opponents say that we don’t need used it from year to year. Finally, in enjoy over their election challengers. I term limits. That the elections in 1992 1985, we were able to get this legisla- know something about this, because I and 1994 show that the people can tion into law, which gave educational had to defeat an entrenched incumbent change Congress anytime they want to. benefits to the military service. to get here. Yet from 1976 through 1994, 9 out of After 1985 it took us 5 years to actu- But congressional term limits are every 10 incumbents were re-elected. ally get the program implemented, to not the answer. The answer is genuine Nine out of every 10 Members of Con- be used by the different Services. Now campaign finance reform, abolition of gress can pretty much count on having it is working well. Over 95 percent of PAC’s, limits on out-of-State fundrais- a political career in Congress as long as the young men and women who come ing, a ban on corporate soft money, and they want it. into the Service used these educational free access to radio and television Term limits will change that. It will benefits. time. create elections for open seats. It will My point is that major legislation, if Mr. Chairman, we need reform, but ensure that we have new Members of you are in Congress, it takes longer term limits are not the solution. I urge Congress, who come here with different than 4 or 8 years. It took 10 years to a ‘‘no’’ vote on this resolution. backgrounds, different experiences, and get this type of implementation of Mr. SMITH of Michigan. Mr. Chair- fresh ideas. man, will the gentlewoman yield? The concept of our democracy is that something that really helped our coun- Mrs. ROUKEMA. I yield to the gen- real people—average citizens—make try. tleman from Michigan. the decisions that will effect us as a So I say again that you cannot do Mr. SMITH of Michigan. Mr. Chair- nation. Term limits will ensure that major legislation in 6 years, it takes man, would the gentlewoman be aware more Members of the House and the longer. You have to pass the bill, then the Founding Fathers were aware of Senate have that real world experience. you have to nurse it through the Con- term limits and actually, in the arti- Mr. Chairman, the people who elected gress of the United States. cles, there was term limits that was us are watching. At least two-thirds of Mr. Chairman, I am working on a 2- not enacted? the American people support term lim- year contract with the people of the Mrs. ROUKEMA. I have read the arti- its and they want to see what we are Third District of Mississippi. They cle as well. That is not my reading of going to do. have chosen to renew that contract the Constitution, and finally, the Con- There is no place to hide on this vote. over the years. They should continue stitution was adopted with 2-year Will we vote to keep business as usual? to have that right without having a terms. Or are we willing to accept term limits term limitation imposed upon them. Mr. GONZALEZ. Mr. Chairman, will on ourselves in order to create a better I ask you to vote ‘‘no’’ on the four the gentlewoman yield? Congress. substitutes and ‘‘No’’ on final passage. Mrs. ROUKEMA. I yield to the gen- The American people will be watch- Mr. CANADY of Florida. Mr. Chair- tleman from Texas. ing to see who votes for congressional man, I yield 1 minute to the gentleman Mr. GONZALEZ. Mr. Chairman, I rise reform, and who votes to keep the sta- from Arkansas [Mr. HUTCHINSON]. in strong support of the gentlewoman’s tus quo. And make no mistake, they Mr. HUTCHINSON. I thank the gen- very trenchant observations—and his- will remember. tleman from Florida for yielding this torically correct. I urge my colleagues to vote ‘‘yes’’ time to me. Mrs. ROUKEMA. I thank the gen- on term limits, vote ‘‘yes’’ on final pas- Mr. Chairman, I point out to my col- tleman. sage. And vote yes to end the status league, the gentleman from Massachu- Mr. CANADY of Florida. I yield 3 quo. setts [Mr. MEEHAN], that when you minutes to the gentleman from New blame the Republicans for not passing b Jersey [Mr. LOBIONDO]. 1330 term limits and just say, ‘‘You have Mr. LOBIONDO. Mr. Chairman, I Mr. CONYERS. Mr. Chairman, I am party discipline,’’ I would remind him thank the gentleman from Florida for delighted to yield 4 minutes to the that, as best I know, we have 230 votes yielding me this time. ranking member of the Committee on and it takes 290 on vote to pass a con- I respectfully disagree with my col- Veterans’ Affairs, the gentleman from stitutional amendment. We simply league from New Jersey and the oppo- Mississippi [Mr. MONTGOMERY]. cannot do it by ourselves. My home nents of term limits. Mr. MONTGOMERY. I thank the gen- State of Arkansas has passed term lim- Mr. Chairman, I rise in support of tleman for yielding this time to me. its. It has been a very positive develop- term limits. Mr. Chairman, I rise in strong opposi- ment. It has meant new blood, it has Mr. Chairman, we have all seen the tion to these four substitutes which we meant fresh ideas. It has meant dif- faces of angry voters. They want a will be voting on today. ferent perspectives. And it will mean change. They are tired of the status As has been pointed out, we had term the same thing for the U.S. House of quo. They want Congress to work. limitations on November 8, 1994, where Representatives. As a freshman Member who came the organizations of both the House In Arkansas, it strengthened the po- here to change the status quo, I was and the Senate certainly were changed. litical system by increasing respon- proud to join with my colleagues to Fifty-two percent of the members of siveness and accountability. It will H 3900 CONGRESSIONAL RECORD — HOUSE March 29, 1995 move us in this body toward a true cit- ary 1985 if it had been in effect for 12 last election to vote a monumental izen legislature. years after I got elected, and if it change of control of the Congress. Long-term tenure too often results in passes today I can still go for at least Are we to now draw a conclusion that Members becoming allies of big govern- another 12 years plus how long it takes the people of this land can enjoy all the ment, not checks on big government. to adopt this thing. blessings of representative government Members lose touch with their con- Now, that is pretty remarkable. In in the future by giving up a significant stituents. Members become arrogant other words, what we are talking about portion of the most fundamental re- and, too often, they become elitist here are term limits that will only sponsibility of citizenship—full partici- when they stay here for long tenures. apply to other people, other people who pation in the choice of our political Mr. Chairman, since 1990, 22 States, will come in the future. So this is a leaders? For more than 200 years we including Arkansas, have passed laws great kind of reform. We will reform have changed people in office through respecting tenure of Federal legisla- the new guys whom we know will never elections. Why, in this generation, has tors. Recent polls indicate that 70 to 80 be quite as good as we old guys were. it become such a burden that we must percent of the American people support Now, I just think that that really find some automatic, no-bother way to term limits. Critics say, ‘‘Don’t limit puts it down where everybody, hope- help us do the job? Doesn’t freedom, the choice the American people have fully, begins to understand it. We also personal responsibility, tradition, re- by imposing limits.’’ I say, don’t hear people talking about the reason spect for experience, mean anything? thwart the choice of the American peo- for this is the citizen legislature. Well, These are values that ordinarily mean ple by stopping term limits. That is now, if you are really going to have a a lot to conservative people. their desire. We should pass it. citizen legislature, the way you would Do we believe that a competitive and Mr. CONYERS. Mr. Chairman, I am do that is to say that you are going to accountable political marketplace pleased to yield 4 minutes to the gen- run for only one office and that is it. can’t work; that people can’t decide for tlewoman from Colorado [Mrs. SCHROE- Because the other thing term limits themselves when and who to vote out DER]. does, as we know from countries like of office and who to keep? Do we really Mrs. SCHROEDER. I thank the gen- Mexico that have it, you create a new believe experience in Congress or, for tleman for yielding this time to me. that matter, in any other public office, professional class that hopscotches Mr. Chairman, I have a lot of dif- is a handicap? around the chairs of government. If ficulty with this issue because the Re- Didn’t James Madison, one of our Na- you are a Member of Congress, you are publicans have survived over 200 years tion’s Founding Fathers, state a point going to be a mayor and you are going without term limits mainly because when he observed that ‘‘a few of the to be a Governor, and you go on and on everybody knows we have term limits members (of Congress) * * * will pos- and on and on and on. every 2 years when we are up for elec- sess superior talents; will, by frequent The great thing about that is you tion. That makes all the sense in the reelections, become members of long never learn any of the jobs very well world to me. If you really think about standing; will be thoroughly masters of and you continually are trying to fig- it, the dream debate I wish we could the public business * * *’’? Do we reject ure out how you could use the job you have on this would be for everybody to this? have their ‘‘spoil date’’ on their fore- are in now to get the next job you want Why should we now limit the demo- heads; in other words, determining later. cratic right of ‘‘we the people’’ to se- whether you are going to have 6 years, So term limits do not do anything lect their representatives in the House 12 years, figure out when you came and about citizen legislatures or citizen of the people—the U.S. House of Rep- then put your ‘‘spoil date’’ cross your government, if you look at the coun- resentatives? forehead. tries that have tried it and found out I am not persuaded that term limits Now, if it had been in effect when I they ended up with a more professional is a wise course for a free and demo- got elected, my ‘‘spoil date’’ under 12 government than we ever dreamed of. cratic people; it subtracts—not adds— years would have been January 1985. If I think this is all about the relation- from the Bill of Rights of the people. it had been 6 years, it would have been ship between the person and the dis- The burden and responsibility for de- January of 1979. Those would have been trict they come from. That district can termining term limits belong fully and my ‘‘spoil dates.’’ have that option to reelect them or not irrevocably to the people who care I do not really feel I was rotten at reelect them. That is their choice enough to vote. that time, and I do not feel I am rotten under the Constitution. That is what it I have examined whether a 12-year term now. I think if you look at many, many should be. limitation would be an effective long-term solu- people who would have ‘‘spoil dates’’ But to decide that some term limits tion to Congress' problems. While at first which would have expired long ago and should apply to every single person no glance term limits are an appealing quick and have them talking about term limits, matter how well off they are, I think is easy fix, I have always felt there are many you begin to wonder what this is really very artificial, it does not belong in the problems with term limitations. all about. Constitution, and I certainly hope that It is a little known fact that the great majority Well, I think I am beginning to get a we can have a little more thoughtful- of Congress already turns over every 12 little idea of what it is about. You ness before we eagerly run out and do years. Of the 435 Members of the House of know, human nature is such that peo- something that does not apply to us, it Representatives serving 5 years ago, less ple love to make laws for other people will only apply in the future, and call than one-half are serving today. but hate to have them apply to them- it reform and think that we helped. We already have a mechanism to ``throw selves. Of course, because Congress is Mr. SHAYS. Mr. Chairman, I yield 3 the rascals out.'' It's called an election. All 435 made up of human beings, we have that minutes to the gentleman from Illinois members of the House face election every 2 same problem too. But I think it has [Mr. FAWELL]. years. At these intervals, incumbents must been really interesting this year that (Mr. FAWELL asked and was given face the voters and win their active approval. we have been willing to limit school permission to revise and extend his re- Citizens who dislike their incumbent Congress- lunches, we have been willing to take marks.) man already have a powerful tool to remove on student loans and limit those. We Mr. FAWELL. Mr. Chairman, politics themÐthe vote. Members of the House can have been willing to limit the number is the science of government. Govern- be challenged twice every two years (in a pri- of children on foster care. We have ment reflects the people’s interest or mary and general election). And, this is pre- been able to limit all sorts of things neglect. Too often it is the latter. In cisely what happened last November 8, when that did not affect us. And now we have the last election roughly 50 percent of voters imposed term limits on much of the a term limits bill that will be wonder- the people didn’t vote—most of them, I 103d Congress. ful. We can pass it, pose for holy pic- suppose, because they didn’t have One argument for term limits is that we will tures, and, guess what, it still will not enough interest in government to vote. get enlightened amateursÐpeople who will affect us, because here I would be But then enough people did have leave top posts in commerce, industry, and standing with my ‘‘spoil date’’ of Janu- enough interest in government in the other professions to spend a few years in March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3901 Washington before returning home. In prac- increasing each year. This effectiveness is in people who elected us. The only sure tice, it is becoming increasingly difficult to at- large part due to what I've learned as a Mem- way to accomplish that objective in tract and keep the best and the brightest, in ber of CongressÐabout the budget process this age with this many incumbent ad- part because of term limits. and the rules of the House, to name just two. vantages is through term limits. Moreover, like anyone taking a new job, In the end, I believe that we the people Now I do support reforming redis- there is a learning curve. In Congress, it can should be the final arbiters of who should rep- tricting law, I do support reforming be a long curve. As much as we desire sim- resented us. A set limit only curtails our campaign finance law, and I support plified government and policy, it is impossible choices. franking reform. But even after we to imagine government getting less com- Mr. CANADY of Florida. Mr. Chair- have accomplished all of those reforms plicated, given the incredible complexity of the man, I yield 3 minutes to the gen- one by one, we will not have dealt with world economy, the enormity of a $6 trillion tleman from New Jersey [Mr. ZIMMER]. a problem that still exists, which is domestic economy, and the mind-boggling Mr. ZIMMER. I thank the gentleman that it is too difficult to oust an in- $1.5 trillion Federal budget and the thousands for yielding this time to me. cumbent, it is too difficult to have a of programs it entails. As a result, I fear that Mr. Chairman, the founding fathers competitive election in this day and term-limited members would be more depend- did not intend for Congress to be a ca- age. That is why, my colleagues, we ent on staff and more influenced by special in- reer. And Congress was not a career, by should support term limits. terests. and large, for the first 150 years or so of Mr. CONYERS. Mr. Chairman, I yield Term limitation advocates correctly point out our history. 4 minutes to the gentleman from Mas- that some incumbent Congressman use the But in recent decades it has come to sachusetts [Mr. FRANK], the ranking advantages of their office unfairlyÐbut there pass that the people who run this insti- subcommittee member from whose are ways to eliminate these unfair advantages tution are people who have been committee term limits came. without eliminating the fundamental demo- around for a long time. They get out of Mr. FRANK of Massachusetts. Mr. cratic right of Americans to vote for the can- touch, become unresponsive, they are Chairman, I have heard some fascinat- didate of their choice. more a part of the Washington culture ing arguments today. My favorite I have cosponsored and/or voted for the fol- than the culture which elected them. though is the one where Republicans lowing congressional reforms to: Sharply cur- We are told this is not a problem be- get up and say that they could pass tail unsolicited congressional mailings; reduce cause we have term limits in the form this very important item in their con- congressional staff; eliminate congressional of a 2-year term in the Constitution for tract if they only got 50 percent of the perks and make Congress subject to the same Members of Congress. But the fact is Democrats. Now that is a fascinating laws it mandates on the private sector; fully that incumbents have so many advan- concept. enforce congressional ethics and disclosure tages in the late 20th century that that Mr. Chairman, the University of Mas- rules; enact congressional finance reforms; 2-year limit is meaningless in most in- sachusetts’, my home State, basketball and, mandate that members rotate House stances for most incumbents. team did very well in a recent tour- committee membership. The new House of Gerrymandering protects incum- nament, and they lost, but, if they had Representatives has instituted a 6-year limit bents, particularly those with consider- only gotten 50 percent of the points of on committee and subcommittee chairman- able seniority. their opponents, they would have won. shipsÐthis is the type of limit I support. Campaign finance patterns protect I mean Massachusetts lost a congres- Along with internal congressional reform incumbents, particularly those with sional seat in the last redistricting, there are also reforms that could be made to considerable seniority. but, if we could have only gotten 50 the budget process that would be far more ef- Campaign finance patterns protect percent of the population of our friends fective in controlling spending than term limits. incumbents. In the 1992 election cycle, from Connecticut, we would have a For instance, I have cosponsored the following 50 percent of challengers received less couple more seats. reforms: Legislation amending the Constitution than $90,000. The median receipts for I say to my colleagues, of the United States to require that the Federal incumbents were nearly $500,000. You I think this is a wonderful concept. You budget be balanced, and legislation giving the cannot oust an incumbent if you do not promised to do something, and then you say, President the authority to line-item veto appro- have a minimal amount of money. ‘‘By the way, my promise is conditioned,’’ priation bills, thereby giving the President the We have other benefits that come after the fact of course, after they get people power to veto pork barrel and other wasteful with out incumbency, such as the to do what they want, they then say, ‘Oh, by spending projects. franking privileges. Even if it is not the way, if I can get 50 percent of the opposi- What concerns me most about term limita- used for overtly political reasons, it al- tion to be with me, then I’ll win. tions is the implicit assumption that people lows us to keep in touch with our con- Well, I think that is pretty good cannot be trusted to make up their own minds stituents in a way that a challenger odds, and I will make this statement about who should represent them. Term limit would never be able to do. on behalf of the Democratic Party, and advocates presume that people are too easily I do not, I do not often, speak for the b influenced by incumbency, that they are too 1345 whole Democratic Party, but anytime readily gulled by professional politicians. Term We have a million dollars a year in we get 50 percent of the support of the limit advocates seem to believe that free citi- staff allowances, and we have easy ac- Republicans, we will accomplish our zens are unable to make the changes they cess to the press. Even if we do not use goal. feel necessary in the political process. these assets in a way that is overtly I say to my colleagues, I want to stress that my views of term limits political, if we simply do our job right, Now, if this is your idea of a contract, that do not result from my position as an incum- if we simply do the casework for the you tell people you’re going to do something, bent in Congress. The fact is that I would not people who come to us with their prob- you forgot to mention that you wouldn’t be gain by voting for this measure; by the time lems, it will be very difficult for us to able to do it unless you got 50 percent of the be defeated. opposition—if this is your idea of the con- the term limits would take effect, I will likely tract, no wonder you don’t like the Federal have retired from Congress. So, no wonder, even in a year when Trade Commission, no wonder you want to I believe that most Americans know that De- the gentleman from Illinois said that make it harder for people to sue, because you mocracy is not easy. ``Eternal vigilance is the we had monumental change in the Na- would be in serious difficulty, but let’s get price of liberty,'' said Thomas Jefferson. Term tion, even in 1994, we still reelected as beyond this wonderful concept that I can do limits are a false cure to a problem that can a Nation more than 90 percent of the anything I promise you if 50 percent of the only be solved by an electorate willing to hold incumbents who chose to stand for re- opposition would be with me. their representatives accountable. That is why election. That is not a 2-year contract. We are told this is the first time this our Founding Fathers twice rejected term lim- That is a contract for life, barring an has come to the floor. Last year, what its. extraordinary local political upheaval about a discharge petition? Well, fi- I encourage my constituents to look into my or being caught in an ethical or legal nally toward the end they filed a dis- record and hold me accountable. I believe my problem. I think that that is not in charge petition. They got about a hun- effectiveness in pursuing the objectives of the keeping with the vision of the Found- dred Republicans to sign it. voters of the 13th districtÐcutting billions of ing Fathers who intended for Congress Mr. Chairman, there are more people dollars in wasteful spending, for instanceÐis continually to reflect the views of the in this body voting yes and praying no H 3902 CONGRESSIONAL RECORD — HOUSE March 29, 1995 on term limits than there are on pay Over 50 percent of the Members of this enced legislators. Robert Livingston stated raises. body have come since 1990. That is 4 during the debates: Yes, term limits gets a lot of lip serv- years, or less, experience. Now that is The people are the best judges who ought ice, but there are not many teeth be- turning them over pretty fast. to represent them. To dictate and control hind it. The people here got the longest Who will challenge an incumbent? them, to tell them whom they shall not elect extended lips I have ever seen, and I Everybody says it is tough to challenge is to abridge their natural rights * * * We all suppose, if they had 50 percent of our an incumbent. I say, ‘‘Well, if you know experience is indispensably necessary lips, they would go even further on know he’s only going to be there for 6 to good government. Shall we, then, drive experience into obscurity? I repeat that this that wonderful, give me half of what years, who would bother to challenge? you got and I can have more than you is an absolute abridgement of the people’s Who would go try to raise money? Who rights. have policy, which I think is a very at- would contribute money and say, ‘Well, The Founding Fathers made a conscious tractive policy. I mean we would not wait your turn. he’s going to be gone in decision to do away with term limits. They left have an export-import problem with 4 more years, and then you can run.’ ’’ this matter to the judgment of the people; not Japan if Japan would give us half of No, Mr. Chairman, it is a bad idea. It only because they trusted the people but be- their exports. Our balance of trade is a bad idea because today committee cause it was the logically proper place to would be 100 percent. That would be staff has too much say-so, and, if we do leave it. In view of the deliberate rejection by very good. term limits, they will be omnipotent I keep going back to that concept be- the Founding Fathers, it appears that the Con- because they will be the only ones who stitution's qualification clauses can only be in- cause I love it, and I am going to bor- know—with an institutional memory row from it from time to time, but it is terpreted as a prohibition on the States from to know how this place works. limiting the reelection of their congressional also clear that the Republican Party’s Finally, history. I am privileged to commitment to term limits is rather delegations. Thus, the policy of State-imposed represent a district that was once rep- term limits was rejected. slender. resented by James Madison himself. As Now I understand the problem. They How did Madison propose to protect the so- my colleagues know, under the Articles cietyÐespecially the supreme values of liberty had to really break some arms to do of Confederation, we had term limits. welfare last week. They are going to and propertyÐagainst the encroachment of a Under the Articles of Confederation the potentially ignorant majority which could be have to break some arms to do taxes founders said, ‘‘You cannot serve more next week. Do my colleagues know the swayed by demagogues? Madison knew from than 3 years in a 6-year period,’’ but in history that such a peril did exist. But the an- problem that the Republican leadership 1787, at the Constitutional Convention has? Their Members only have two swer, Madison argued, lay not in depriving the in Philadelphia, after a long argument, people at large of any voice in the Govern- arms. The grab one arm for welfare, they took it out. they grab one arm for taxes. They got ment but in increasing group interest and par- Robert Livingston said, ‘‘This is not ticipation. nothing left. But do my colleagues democracy, term limits. You’re limit- know what? If they would take 50 per- From 1776 on, Madison was almost continu- ing the voters’ choice.’’ ously in public life until his retirement from the cent of our arms, then they would all James Madison said, ‘‘Frequent elec- have three arms, and then they could Presidency in 1817. James Madison served in tions; that’s the answer, that a voter the Virginia House of Delegates, Continental do it because they could twist three should be able to decide whether he arms. That is the problem. Once again Congress, the Constitutional Convention, four wants somebody new or whether he terms in the U.S. House of Representatives, it is the magic 50-percent solution. wants somebody with experience,’’ and I say to my colleagues, Secretary of State, and President for 8 years. that is the way it ought to be today, In the name of returning power to the people, If you could take one arm for welfare, and and that is the way it ought to be to- one arm for taxes, and then you could take term-limit proponents would have denied the morrow. Nation Madison's wisdom and experience in 50 percent of our arms, then you could twist Please vote this down. a third arm for term limits, but the term the early days of the Constitution and the Bill limits supporters should know that they’re Mr. Chairman, the public's disdain is the of Rights. getting the third arm. That’s what you’re people's greatest check on Congress. The In Federalist No. 57, James Madison giving the term limits people; you’re giving power unleashed by the people on November queried: ``Who are to be the electors of the them ice in the winter. You are saying, yes, 8, 1994, was another chapter in history's Federal representatives? The electors are the you’ll give them some votes. There’s very greatest example of man ruling man: democ- great body of the people of the United States,'' little energy on the other side. racy in America. As the current occupant of Madison responded. Madison studied the By the way, I think that makes per- the congressional seat once held by James bond between the people and the elected rep- fect sense because one of the things we Madison, the father of the Constitution, I op- resentative. Madison found this bond ``involv- would be doing wrong, if by some mir- pose congressional term limits. ing every security which can be devised or de- acle we pass this, and no one, including Term limits are not consistent with freedom sired for their fidelity to their constituents.'' The their side, expects that—one of the and the political institutions that make it pos- citizens would have distinguished the rep- things we would be doing wrong would sible to live freeÐthe rule of law, democracy, resentative with their preference in the elec- be for the first time amending the Con- and individual liberties. Term limits proponents toral process. Second, the adulation of victory stitution in a way that detracted from hypothesize that shortened tenures in Con- would have produced an ``affection at least to popular choice. Constitutional amend- gress will revitalize American democracy, but their constitutions'' as they enter public serv- ments have expanded the options of the the consequence of term limits would actually ice. voters. Women have been allowed to be a limitation of democracy. Madison also observed: vote. Blacks; we erased that terrible Term limits do more than limit the terms of All these securities however would be sin in America. Eighteen-year-olds. public officials. They limit the choices of the found very insufficient without the restraint This would be the first time the Senate voters. Why should we deny American citizens of frequent elections. The House of Rep- went to popular election. This would be the full democratic principles our Nation was resentatives is so constituted as to support the first time we took something back. established upon? in the Members a habitual recollection of So, Mr. Chairman, I say, ‘‘In this When the Founding Fathers met in Philadel- their dependence on their people. case I’m glad you don’t have our 50 per- phia in 1787, they gathered for the purpose of The majesty of democracy is an informed cent.’’ revising the Articles of Confederation. During electorate, and the ballot box is the corner- Mr. SHAYS. Mr. Chairman, I yield 2 that summer, James Madison and the Found- stone of a free and democratic society. To minutes to the gentleman from Vir- ing Fathers' concept of democracy was far deny the people's basic democratic right to ginia [Mr. BLILEY]. more limited than it is today. The concept of have whoever they choose to serve at their (Mr. BLILEY asked and was given rotation in office was embodied in the Articles pleasure is a vote of no confidence in Amer- permission to revise and extend his re- of Confederation, which provided that dele- ican democracy. Why should we deny the vot- marks.) gates to Congress could serve for no more ers this right? They possess both the ability to Mr. BLILEY. Mr. Chairman, my col- than 3 years in any 6-year period. After exten- throw out representatives who are ineffective leagues, term limits is a bad idea. sive debate, the Founding Fathers rejected and keep those who serve them well. Where I come from we have a saying, these term limits, citing the right of the people Mr. CANADY of Florida. Mr. Chair- ‘‘If the pump ain’t broke don’t fix it.’’ to freely elect and the importance of experi- man, I yield such time as he may March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3903 consume to the gentleman from Iowa come abusive with their power to the is, ‘‘Let’s have a fair election once [Mr. GANSKE]. extent that we have jeopardized the fu- every 12 years; once every 6 years let’s (Mr. GANSKE asked and was given ture of this economy. Look what we have a fair election. The others, let permission to revise and extend his re- have done: them be one sided.’’ That is ridiculous. marks.) We have increased the Federal debt Every election should be a fair and free Mr. GANSKE. Mr. Chairman, I am pleased by $5 trillion. We spent $5 trillion on a election. Campaign finance reform, not to rise today as a strong supporter of term lim- welfare program of putting poor people term limits, is the way to make that its. into their own sect and making them happen. For too long, the U.S. Capitol has been worse off. We are told that politicians who have filled with career politicians and the special in- As far as what the history is of the to worry about reelection often fail to terests to which they are beholden. I cam- Founding Fathers, certainly American do the right thing and, therefore, term paigned for term limits and am pleased that I democracy starts with the Athenian limits would promote better govern- will be able to fulfill that pledge this week. On democracy, but a lot of it comes from ment. What a vile, elitist idea. We have my own, I have promised the people of the John Locke, the British philosopher elections precisely because we want Fourth District that I will serve no more than who says government is simply a nui- our Representatives to be always mind- five terms, and I intend to keep that pledge, sance that we have to put up with to ful of what the people want. The word too. deal with some of the inconveniences. for that is ‘‘accountability,’’ and ac- Our action this week is significant, because His position was that we should not countability to the people is what good the American people have long been ahead of have to have the kind of giant govern- government in a free society is all Congress on the issue of term limits. In the ment for people to interact and deal about. with themselves in society, and I call last 5 years, 22 States have adopted term-lim- A lame duck, who is more likely to to the Members’ attention what hap- its legislation. be thinking about his or her next job pened when we reexamined the Con- Career politicians have become the norm in instead of thinking about representing Washington, with turnover in this body running stitution in the year 1788 and there- the people as they wished to be rep- at only 10 percent. And the prevalence of ca- abouts. resented will be more accountable to reer politicians have created the tremendous It was George Mason that said, the special interests with jobs to offer debt problem we face today. According to the ‘‘Nothing is going to make that legisla- than to the people whose ballot will be National Taxpayer's Union Foundation, House tor more conscious of the decisions Members who have been here more than 8 that he or she makes than having to debased to irrelevance. years supported an average of 55 percent return to his home community and live b 1400 more spending than Members with less than 8 under the laws which he passed.’’ years of service. The numbers in the Senate Mr. CONYERS. Mr. Chairman, I yield Let us not replace the ballot box are even more stark, as those in their first 4 minutes to the gentleman from New with the revolving door as the symbol term voted for 8.5 times less spending than York [Mr. NADLER], a member of our of our democracy. We will always have their more senior colleagues. Committee on the Judiciary. Representatives who believe they know Limiting the terms of Members of Congress (Mr. NADLER asked and was given better on a given matter than their will open our Government to more citizen in- permission to revise and extend his re- constituents, and from time to time volvement and will make the legislature more marks.) they may be right. They have the re- responsive to the American people. Term lim- Mr. NADLER. Mr. Chairman, I rise in sponsibility to do and vote as they be- its are strongly supported by the vast majority opposition to the popular, but mis- lieve to be right, and then to try to of the American people. And those who stand guided, idea of term limits. The push persuade the voters that they were in the way of term limits will have to answer for term limits is profoundly antidemo- right or that they nonetheless merit for their arrogance at the polls next November. cratic. It takes away the right of the reelection. But a free people has the ul- Mr. Chairman, I urge my colleagues to join people to choose whomever they want timate right and responsibility to con- me in voting in favor of term limits. I urge as their Representatives in free elec- trol its own destiny and to live with them to heed the wishes of their constituents. tions. the consequences of their judgments. And I urge them to have the courage to make What arguments have we heard for We should not take away or restrict Congress a legislature which is truly of the limiting the right of people to choose that freedom. people. their Representatives? We are told that There is one final argument that Mr. CANADY of Florida. Mr. Chairman, I incumbents are too entrenched and must be answered, that Congress yield 2 minutes to the gentleman from Michi- that challengers do not have a fair should be composed solely of people gan [Mr. SMITH]. chance of unseating them. Well, nearly serving relatively short stints before Mr. SMITH of Michigan. Mr. Chair- half of this House has been elected for returning to their real careers, that a man, as my colleagues know, being in the first time since 1992, and I am part career in service to one’s community Congress is a good job by anybody’s of that new wave. Senior Members, and country is somehow dishonorable. standard, the pay at $130,000 a year, committee chairmen, even the Speak- I reject that. We have elections to en- good retirement benefits, good health er, have been voted out of office. En- sure that the people retain the power benefits. But I ask, ‘‘What happens trenched incumbency just does not to judge the quality of their represen- when you’re a career politician, and seem to be what it used to be. tation. But if they deem that represen- you don’t have those job opportunities Still, Mr. Chairman, it is true that tation to be good and honorable, then outside, and you want to stay with this incumbents often do have an unfair ad- they should be permitted to continue it job that you’ve decided is the way you vantage in elections. We should remedy if they want. Are we to deny the people want to live and raise your family?’’ that unfair advantage by passing the right to choose modern-day Henry Mr. Chairman, I will tell my col- meaningful campaign finance reform, Clays or Daniel Webster if they want leagues what my observation is. It is: including giving challengers access to to? The proponents of term limits ‘‘You become somewhat more suscep- the publicly owned airwaves so the vot- would say yes. I say no. I believe we tible to those forces that might threat- ers will have an opportunity to learn should be about democracy and ac- en that job, so, as you look at the spe- more about them. That is how to battle countability, and I therefore oppose cial interest lobbyists, and when they the problem of entrenched incumbency, this dangerous, antidemocratic, and come to you with threats and money by making elections more fair and fundamentally elitist constitutional for your next election, I would suggest more democratic, not by making them amendment. that you’re a little more considerate of less democratic, carelessly casting Mr. CANADY of Florida. Mr. Chair- their point of view if you think they aside the right to vote for which Amer- man, I yield 2 minutes to the gen- have the opportunity to discharge you icans have struggled and died for more tleman from Oregon [Mr. BUNN]. from what’s a good job here in Con- than two centuries. Mr. BUNN of Oregon. Mr. Chairman, gress.’’ Besides, if term limits is my col- it is interesting to hear over and over Career politicians that want to per- leagues’ solution to making elections that somehow this is anti-democratic, petuate themselves in office have be- more fair, what they are really saying yet through the Democratic process H 3904 CONGRESSIONAL RECORD — HOUSE March 29, 1995 State after State after State has adopt- Never in history has a proposal to some who can understand what it is we ed term limits. Now, many States are limit congressional terms been allowed did and why, and why it was right, and not as fortunate as we in Oregon are to come to the floor. why it was wrong, and why we should because we have an initiative and ref- When I first ran for Congress in 1992, have done it, and why we should have erendum process that allows us to do I pledged to live by self-imposed term not. that. Other people do not. So we need limits. Some of my colleagues won- That is what makes this institution to step forward as Congress and make dered why, especially since I was one of great, the fact that we do produce peo- that happen. the youngest Members elected. There ple who are able to go home year after One of the things that is very, very was one very simple and direct answer. year and justify to the people the pro- clear today is that this has to be bipar- It is important to lead by example. priety of their service, what they have tisan. There simply are not enough Re- I will lead by example, with a self- done, how they have done it, and why, publicans. With 230 Members, every Re- imposed limit. and then come back and assist us by publican voting for this cannot make it Serving in Congress should not be a providing us with a corporate memory happen. lifetime job. Any Member elected and an understanding of what it is. should work for whatever change he or I regard public service as a great Mr. FRANK of Massachusetts. Mr. she deems important, and then move calling, as an honorable calling, as Chairman, will the gentleman yield? on. If you haven’t changed things with- something in which we give back to the Mr. BUNN of Oregon. I yield to the in 12 years in the majority, chances are people we serve something for what gentleman from Massachusetts. you never will, and you should step they give us. And we work together as Mr. FRANK of Massachusetts. I do aside to let someone else try. their spokesman, as their voice, as not have my copy of the contract. Voters in 22 States have approved their representative in the Congress, to Would you show me the footnote in the term limits, and chances are that, if do what it is that they would like to contract where it says this one is de- the other States had an initiative peti- have done. pendent on getting 50 percent of the tion process, the voters there would ap- Government is an honorable calling. Democrats? prove term limits too. It exists to enable the people to rule Mr. BUNN of Oregon. Mr. Chairman, I urge all my colleagues, Republican, themselves, to keep order, to see to it reclaiming my time, if you read the Democrat, and anyone else, to support that we have a just society, to address contract, you would know very clearly term limits. The voters will demand all of the proper responsibilities of gov- the contract commits to bring this to nothing less of this and any future ernment, such as the national defense, the floor, have an open debate and a Congress. or seeing to it that we have a just soci- vote for the first time. Now, I am a Re- Mr. FRANK of Massachusetts. Mr. ety which sees to it that no one suffers publican that did not sign the contract, Chairman, I yield myself such time as unduly in times of distress or hardship, but at least I know what it says. It I may consume. to take care of the old, to educate the says we will get this to the floor, which Mr. Chairman, before yielding, I just young. These are great callings, and we have done, and we will give it a want to note for trend watchers, today these are callings in which we are at vote. a lot of Republicans are talking about the center. Mr. FRANK of Massachusetts. If the how we must do what the public wants. It cannot be said that Members will gentleman will yield further, simply by Next week when we are dealing with not seek this job under the current sit- having this brought up and defeated the tax cut, which I believe public uation. Look and see the number. Look you have satisfied the contract? opinion polls will show is much less at the number of new Members who Mr. BUNN of Oregon. Absolutely not. popular, look out for a change. We will have come here. There has been a turn- By finally bringing it to the floor, we be told then that it is important to over. But it is necessary to have people have given the American people the op- stand up for what is right no matter who understand what it is, why it is, portunity, and if the Democrats will what a temporary poll shows. So enjoy how this institution works, and why, cooperate, we will deliver to the Amer- the allegiance to the short-term popu- and where the public interest lies. ican people what they deserve. lar vote. It will pass with the weekend. Those are the real things which are im- Now, I am willing, if the Democrats Mr. Chairman, I yield 5 minutes to portant. can get their version through, I will the gentleman from Michigan [Mr. DIN- According to the Congressional Re- vote for it. And if the Republicans can GELL]. search Service, the average length of 1 get their version through, I challenge (Mr. DINGELL asked and was given service in the 104th Congress is 7 ⁄2 you to vote for it. There are four ver- permission to revise and extend his re- years in this body, 10 years in the other sions coming to us today, every one of marks.) body, well under the 12 years that we Mr. DINGELL. Mr. Chairman, I want are talking about here in some of these which is better than the status quo, to begin by paying respect to all of my amendments. Throughout history only and I am willing to support any one. colleagues. Members here are said to 131⁄2 percent of all House Members have Whether they are retroactive or pro- represent their people. We are sent to served for more than 6 years. I would spective, whether they are in the 6 or go home and to justify what it is we do observe that in the 19th century, the 12 years, the people have a right to and what we have done and how we total percent was only 2.6 percent. term limits. have served our people. It is important we recognize not only We are going to deliver two-thirds of I regard public service as an honor- the honor of this calling, but we recog- the Republican votes and better. Can able calling. I have heard talk about nize the right of the citizens to choose you deliver two-thirds of the Democrat citizen legislators and lack of citizen who it is will serve them. That is why votes? I do not think so. And if term legislators. Under our system, we have we have elections. We go home to talk limits fail, it is going to be once again seen people like Washington, Jefferson, to our people, to tell them what we did. the Democrats have thwarted the will Madison, Clay. We have seen Rayburn, I have a home in Michigan. I live there. of the American people. It is about we saw Michel, we have seen NEWT I stay there. I talk to my fellow citi- time that you line up and support term GINGRICH, we have seen Tom Foley, we zens. I find out what their concerns limits, support a unified bipartisan ef- have seen all of the other leaders, GEP- are. And were that not so, I can assure fort. we can make a difference. HARDT. We have seen my friend HENRY you, I would not still be serving in this Mr. CANADY of Florida. Mr. Chair- HYDE. No one is going to tell me these institution. man, I yield 11⁄2 minutes to the gen- are not citizen legislators. One thing that has to be observed, I tleman from Massachusetts [Mr. There is a huge turnover in this oppose term limits. I think they are TORKILDSEN]. place. If you look, better than 50 per- unwise and I think they rob the people Mr. TORKILDSEN. Mr. Chairman, cent of the Members are new. Very few of a choice. However, if we are to do today the Republican majority is keep- remember Watergate. Virtually none something about term limits, they ing its promise to take the historic remember World War II. We need to should commence immediately. step of bringing term limits to the have people here who are able to under- Mr. INGLIS of South Carolina. Mr. floor for a full and fair vote. stand history, some who can recall it, Chairman, will the gentleman yield? March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3905 Mr. DINGELL. I yield to the gen- now employ highly toxic chemicals to In 1788, in New York, in debating tleman from South Carolina. produce their products. That means we ratifying the Constitution, Robert Liv- Mr. INGLIS of South Carolina. Mr. have to have clean air laws, clean ingston asked a haunting question: Chairman, I thank the gentleman for water laws, and when we write those ‘‘Shall we then drive experience into yielding. I would make two points, ob- laws, we have to know a lot about in- obscurity?’’ He called that an absolute servations, if you could underscore dustry, agriculture, and chemistry. abridgment of the people’s rights. them. Our security depends on understand- George Orwell, in a review of a book One, am I correct you are opposed to ing what kind of conflicts we will be a by Bertrand Russell, said it has become term limits? part of in 20 years, and for that reason the task of the intellectual to defend Mr. DINGELL. Mr. Chairman, re- then we need to understand what force the obvious. I make no pretense at claiming my time, absolutely, and I structure we will need, what arma- being an intellectual, but defending ex- have made no bones about it, and I ments we will need, and what invest- perience against ignorance is certainly have told my people so. By the way, I ments in research and development we obvious. was elected by a very large majority. must make now for the security of our Have you ever been in a storm at sea? Mr. SHAYS. Mr. Chairman, I am de- children. These issues take time, they I have, and I knew real terror until I lighted to yield 3 minutes to the gra- take study, they take years of under- looked up on the bridge and the old cious gentlewoman from Connecticut standing, knowledge, and work. Norwegian skipper, who had been to [Mrs. JOHNSON]. Our economic security depends on sea for 45 years, was up there sucking Mrs. JOHNSON of Connecticut. Mr. our success in the international mar- on his pipe. And I can tell you that was Chairman, I thank the gentleman. ket. Child and family security depends reassuring. First, Republicans have done exactly on getting rid of drugs. When that dentist bends over with what we promised to do in the Contract The issues demand an intelligent, the drill whirring, do you not hope he With America. We have brought the knowledgeable, and dedicated Con- has done that work for a few years? term limits debate to the floor of the gress. Vote against term limits. And when the neurosurgeon has House so that the arguments can be Mr. CANADY of Florida. Mr. Chair- shaved your head and they have made publicly and thoroughly aired. That is man, I yield 15 minutes to the gen- the pencil mark on your skull where what we promised, and that is what we tleman from Illinois [Mr. HYDE], the they are going to have the incision and are delivering. chairman of the Committee on the Ju- he approaches with the electric saw, I believe the interest in term limits diciary. ask him one question, are you a career- reflects people’s belief that Congress ist? b has been out of touch, that we have not 1415 Is running a modern complex society in recent years debated the issues that Mr. HYDE. Mr. Chairman, I ask that of 250 million people and a $6 trillion people felt were at the heart of their no Member ask me to yield until I fin- economy all that easy? To do your job, concerns, and in that I agree with ish because I do not want to be inter- to have a smattering of ignorance, in them. I agree that this body has been rupted. Oscar Levant’s phrase, you have to out of touch, but it is not for lack of I want to tell you how unpleasant it know something about the environ- Member turnover. is to take the well in militant opposi- ment, health care, banking and finance More than 50 percent of the Members tion to something that is so near and and tax policy, farm problems, weapons have been here less than 4 years. What dear to the hearts of so many of my systems, Bosnia and Herzegovina and great corporation with formidable re- colleagues and Members whom I re- North Korea, not to mention Nagorno- sponsibilities would seek greater turn- vere, but I just cannot be an accessory Karabakh, foreign policy, the adminis- over than that? to the dumbing down of democracy. tration of justice, crime and punish- The problem has been the entrenched And I think that is what this is. I ment, education and welfare, budgeting power structure that governs what this might also say, parenthetically, that it in the trillions of dollars and immigra- body is allowed to consider. That is the is a little amusing to see the stickers tion. And I have not scratched the sur- problem. The solution is the solution that have been worn by so many of my face. adopted by the Republican majority colleagues. It says, ‘‘term limits, yes.’’ We need our best people to deal with this term. We have limited the terms of It does not say, ‘‘term limits now.’’ It these issues. We in Congress deal with committee chairmen, limited the says, ‘‘term limits, yes.’’ ultimate issues: life and death, war and terms of all of our leadership, so that I am reminded of the famous prayer peace, drawing the line between liberty we will assure that turnover in com- of Saint Augustine who said, Dear God, and order. And do you ever really mittee chair and in leadership posi- make me pure, but not now. doubt that America will never again tions will guarantee that indeed the If someone told you on election day have a real crisis? With a revolving- agenda will change, that there will be you had to vote for a particular person, door Congress, where will we get our no chairman that can limit the agenda you would wonder if you were back in Everett Dirksens, our Scoop Jackson, to his interests and the interests of the Soviet Union. What is the essential our Arthur Vandenbergs, our Hubert those who sent him to Congress. differences if they tell you you may Humphreys, our Barry Goldwaters, our Limiting the terms of committee not vote for this person? They have Sam Ervins? You do not get them out chairmen and reforming our campaign limited your range of choices. You of the phone book. Where did Shimon finance laws so that challengers have a have narrowed the circle of possibili- Peres and Yitzak Rabin get the self- genuine opportunity to win are the an- ties. You have denied a fundamental confidence to negotiate peace for their swer. The solution is not term limits, right free people have in a free coun- people with the PLO? I will tell you because that simply transfers power to try. If this were a trial, I would call as where: experience, bloody, bloody expe- staff. They stay longer than Members, my first witnesses the Founding Fa- rience. they get to know the law better than thers who directly rejected term lim- To those of you that are over- Members, and they end up steering its. whelmed by the notion that this is a Members and controlling the agenda Chief Justice Earl Warren, in the fa- very popular cause, let me remind you when they are not elected and do not mous case of Powell versus of what Edmund Burke told the elec- go home. MacCormick, 1969, said, and I quote, ‘‘a tors of Bristol, November 3, 1774. He I do not want to transfer power to fundamental principle of our represent- said, a Member of Parliament owes to staff, but I also do not want to com- ative democracy is, in Hamilton’s his constituency his highest fidelity. promise the quality of the solutions words, ‘that the people should choose But he also owes them his best judg- that we develop here as this Congress. whom they please to govern them.’ As ment and he does not owe his con- And if we limit terms, we will surely Madison pointed out at the conven- science to anybody. compromise quality. Limiting terms tion,’’ still quoting Justice Warren, I once told an incoming class of will not simplify the problems. The ‘‘this principle is undermined as much freshmen back when they let me speak problems are complex because Amer- by limiting whom the people can select to them at lunch that they have to ican manufacturing and agriculture as by limiting the franchise itself.’’ know the issues to be prepared to lose H 3906 CONGRESSIONAL RECORD — HOUSE March 29, 1995 their seat over or they would do real made an investment challengers never needs us. Why do you want to stop us damage here. To me, this is such an make. I will not apologize for that. from running? Why do you want to issue. The case for term limits is a rejec- drive experience into obscurity? Have The unstated premise of term limits tion of professionalism in politics. Ca- you forgotten the report card we got is that we are progressively corrupted reer politician is an epithet. Careerism, last November? the longer we stay around here. In an- they say, places too much focus on get- I have one piece of advice: Trust the swer to that I say, look around. You ting reelected and not on the public in- people. will see some of the finest men and terest. That is a perfect nonsequitur. Mr. CONYERS. Mr. Chairman, after women you will ever encounter in your You get reelected by serving the public that remarkable performance by our life. The 12 apostles had their Judas interest. Professionals, my friends, will chairman of the Committee on the Ju- Iscariot. We have a higher ratio than run this Government. Only they will diciary, the gentleman from Illinois that. And I will tell you, I will not sur- not be elected, they will be the face- [Mr. HYDE], I yield 2 minutes to the render. I will not concede to the angry, less, nameless, try-to-get-them-on-the- gentleman from New Mexico [Mr. RICH- pessimistic populism that drives this phone, unaccountable permanent bu- ARDSON]. movement, because it is just dead reaucracy. (Mr. RICHARDSON asked and was wrong. There are two contradictory argu- given permission to revise and extend Our negative campaigning, our mud- ments which support this term-limits his remarks.) slinging, our name calling has made issue. One is that we are too focused on Mr. RICHARDSON. Mr. Chairman, anger the national recreation. But that reelection, not close enough to the peo- let me say that that speech by the gen- is our fault, not the system’s. America ple. Then you have the George Will tleman from Illinois made me feel needs leaders. It needs statesmen. It theory that we are too close to the peo- proud to be a Member of Congress. needs giants, and you do not get them ple, too responsive, and we need a con- Mr. Chairman, we already have term out of the phone book. stitutional distance from them. limits. They are called elections. And News is always better? What in the I suggest any cause that is supported every year the American people con- world is conservative about that? Have by two contradictory theories like this sider candidates and choose who they we nothing to learn from the past, tra- is standing on two stools which, as want to represent them. And the best dition, history, institutional memory? they separate, will give you an awful argument against term limits is the hernia. Do they not count? 104th Congress. Fifty percent of the Term limits limit the field of poten- They have a saying in the provinces, Congress has changed in the last 5 tial candidates. What successful person Ignorance is salvageable, but stupid is years. Term limits are an emotional re- in mid life will leave a career at 50 and sponse to political frustration. That is forever. try and pick up the pieces at 56 or 62? over. The voters spoke. We are the This is not conservative. It is radical This job will become a sabbatical for change, the 104th Congress. distrust of democracy. It is cynical. It the well-to-do elite and bored retirees. Mr. Chairman, what happens if we is pessimistic, devoid of the hope and And if you listen carefully, if this ever have term limits? Staff, the bureauc- the optimism that built this country. becomes law, that shuffling sound you racy, lobbyists would run the Govern- This corrosive attack on the consent hear is the musical chairs being played ment. Rural States will be hurt. How of the governed stems from two in every legislature in the country. So will a small State compete against the sources. One is well meaning but mis- the question of 1788 recurs. Shall we bigger States if they are not protected guided, and the other are those who then drive experience into obscurity? by the seniority of their Members? really in their heart hate politics and Shall we perpetrate this absolute b despise politicians. abridgment of the people’s rights? 1430 I confess, I love politics and I love Listen, last June 6, I had the honor of How can New Mexico compete politicians. They invest the one com- standing on the beaches at Normandy against New York and California when modity that can never be replaced, with BOB DOLE, Bob Michel, SONNY it comes to some basic interests? their time, their family life, their pri- MONTGOMERY, SAM GIBBONS, and JOHN Mr. Chairman, I saw the ad this vacy, and their reputation. And for DINGELL. I guess you would call us old morning by the term limits movement. what? To make this a better country. bulls today. But we were very young They talked about the bank scandal, Oh, incumbents have an advantage. I when we fought in battle 50 years ago. they talked about the midnight pay guess they do, although not nec- I guess we were citizen soldiers and cit- raise. That is over. That is years ago. essarily. You have a record to defend. izen sailors back then. By some per- There have been reforms in the Con- You have voted on hundreds of bills. verse logic, you withhold from us the gress. Why do we keep beating our- And you get socked with them by your title of citizen legislators today. selves up? There has been change. Why challenger who has nothing to defend, But I heard the mournful, piercing do we denigrate ourselves? What is and you better be ready to explain how sound of big pipes from a British band, wrong with experience? you voted back in 1988 on Gramm-Rud- scattered among the sea of white Let us have campaign finance reform, man or something like that. crosses and the Stars of David, playing Mr. Chairman. Let us have ethics re- But listen to me, it is 11:30 at night. ‘‘Amazing Grace.’’ And with eyes not form. Let us have challengers have a And it is January and the snow is quite dry, I read some of the names on better chance to defeat us, if that is whirling outside the window. And I am the crosses until I came to one that the worry. Let us address the problems in a banquet hall. I am at my one-mil- had no name. It just had a cross, stat- of the country. Mr. Chairman, let us lionth banquet. I am sitting there as ing ‘‘Here Lies in Honored Glory a not politicize this. we are honoring the mayor of one of Comrade in Arms Known but to God.’’ Members heard the gentleman from my local towns, and they have not even Then I saw another and another like Illinois [Mr. HYDE], the gentleman introduced the commissioner of streets that. No name, no family, just heroism from Louisiana [Mr. LIVINGSTON], the yet. And I am exhausted. And I look buried thousands of miles from home. gentleman from Texas [Mr. DELAY], out the window at the snowstorm and I It occurred to me what an unpayable distinguished Members from the other wonder where my opponent is. debt we owe these people because they side. There are going to be 40 Members He does not even know he is my op- died for freedom, and a part of that from that side voting against this. ponent. He is home, stroking his collie freedom is to choose who will govern Mr. Chairman, let us not politicize dog, smoking a Macanudo, sipping from you. this. Let us give it the slow death that a snifter of Courvoisier and watching I can never vote to disparage that this issue deserves. Term limits are an R-rated movie on cable. But I am at freedom. I pray you cannot either. wrong for this country, and I am proud that banquet. I presume to speak for SAM GIBBONS, to say that. Again and again, I will tell you why BOB STUMP, JOHN DINGELL, SONNY Mr. Chairman, we already have term limits. you have a leg up, good constituent MONTGOMERY, and yes, BOB DOLE. Fifty They are called elections. Every election year, service, accessibility, and availability. years ago our country needed us and we the American people consider candidates and You ought to have a leg up. You have came running. I think our country still choose who they want to represent them. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3907 I have two letters from my constituents with We know that you have already duly noted had those States that voted to adopt me. The first letter is from Nicole Beers from that you and your liberal policies were re- that amendment at that time said, Los Alamos, NM. She states, ``This letter is jected here in Curry County and hope this ‘‘Let us have a national standard with fact serves as a guide to your getting into sent with many thanks and great appreciation mainstream America. an asterisk on it, and say some States for the prompt and courteous treatment I re- You have been a very big spender; we hope can do it directly and some States can ceived from you and your staff * * * I will cer- now that you will be able to curb your insa- do it indirectly,’’ is there anybody here tainly be pulling for you in the next elections, tiable appetite for our money. that would disagree with the propo- as will my family.'' Of course, we have been labeled obstruc- sition that that would have thrown the The second letter is from Bill and Phyllis tionist for many years; now we’ll just have issue into the courts and probably to see if anyone else wears that label. Gaedke from Clovis, NM, who state, ``We re- would have resulted in the rejection of gret that you escaped the gigantic broom that [In percent] the 17th amendment? swept socialist liberals out of government Name Curry Precinct If we have the fortitude, if we decide Tuesday * * *''. County 23 that this is an issue that the people My point, Mr. Chairman, is that both of my Bemis ...... 50 60 should decide, let us give it to them constituents were able to vote the way that Richardson ...... 48 37 and say ‘‘Do you want a national they wanted to. Nicole for me and Bill and Sincerely, standard?’’ Phyllis against me. That is democracy. Term BILL AND PHYLLIS GAEDKE. Do we want to provide for that great limits will only take away the rights of the Mr. CANADY of Florida. Mr. Chair- process that brings us here today, for American people to choose their best voice in man, I yield 3 minutes to the gen- the people to decide that and set that the legislative process. tleman from Georgia [Mr. BARR]. standard based on the will of the peo- It is also hard for me to believe that support- Mr. BARR. Mr. Chairman, I thank ple? Let this debate continue. ers of term limits believe these limits are long my distinguished colleague from Flor- Mr. CANADY of Florida. Mr. Chair- overdue, yet they exclude themselves from ida for yielding time to me, to allow man, I yield such time as he may such limits. There is one word to describe this, me to say a few words about an historic consume to the gentleman from Ala- Mr. Chairman, and that word is hypocrisy. debate. bama [Mr. MCCRERY]. If the Republican Contract With America Mr. Chairman, as great as the debate (Mr. MCCRERY asked and was given promised that Congress should abide by the is that we have already heard here permission to revise and extend his re- same rules that everyone else must follow, today, most recently through the elo- marks.) then the Republican bill on term limits breaks quence of the chairman of the Commit- Mr. MCCRERY. Mr. Chairman, we the contract. tee on the Judiciary, and Mr. Chair- limit the terms of the President, and LOS ALAMOS, NM, man, as great as the debates that have we ought to limit the terms of Mem- August 16, 1994. raged in these hallways over the ages bers of Congress. Hon. BILL RICHARDSON, have been, and as great as the debate Mr. Chairman, I rise in support of term limits House of Representatives, Santa Fe, NM. will be that we will hear into the DEAR CONGRESSMAN RICHARDSON: This let- for Members of Congress. evening hours tonight on this issue, let ter is sent with many thanks and great ap- When I first arrived in Congress some 7 preciation for the prompt and courteous us not forget where the greatest, where years ago, I had mixed feelings about term treatment I received from you and your the most eloquent, where the most ap- limits. But since arriving, I have witnessed the staff. Once I contacted your office, the speed propriate debate on this issue is and House Bank scandal, the House Restaurant with which my problem was resolved was as- should be, and that is with the people. scandal, and the House Post Office scandal. I tounding. The frustration and helplessness Let us keep in perspective, Mr. Chair- believe all these sad events in the history of that I felt regarding the situation I was in man, what it is that we are debating our legislative branch are due to the arro- with the University of New Mexico’s scholar- and will be deciding this evening. We ship office is gone. Instead, I received the gance which results from human beings being will not be deciding whether or not the in power for too long. scholarship that I worked so hard for. American people should have term lim- Within one week of contacting your office, For those who contend that term limits run its. All we are deciding, the only issue I was contacted by someone from the schol- counter to our democratic principles and un- that we are deciding, is whether or not arship office who informed me that my duly restrict people's rights, I would point out the people of this country shall them- scholarship was still intact and that I would that the people of this country, in their wis- selves be able to make that decision. soon be receiving an award letter. This was dom, chose to restrict their right to elect a a dramatic change from the long minutes on I do not think there is anybody here hold and trying to schedule appointments that would deny that that is precisely President to only two terms. The people chose that I had previously experienced. the method for making these decisions to so restrict their rights because they rightfully Your staff was extremely cooperative and that our Founding Fathers had in recognized the danger of allowing the execu- unbiased. I value that tremendously. I want mind. That is all we are deciding. tive branch to be controlled by any one person you to know that I have relayed my experi- for too long. The same danger exists in the ence and expressed my gratitude to just Let us not take from the people the ability to decide this fundamental legislative branch. By not limiting terms of about anyone who would listen. Particularly, Members of Congress, we expose ourselves my family has heard the entire story, and issue. Let the debate go forward from everyone has agreed that having a congress- this Chamber to the halls of our State to the danger of a few men or women being man that is as close to the people of New legislatures and in the communities all in power, in positions of influence, in our legis- Mexico is a rare and special thing. across America, where it ought to be. lative branch, for too long. We expose our- I will certainly be pulling for you in the Let us not here today stifle that de- selves to the danger of the unbridled arro- next elections, as will my family. Thank you bate. It is a vigorous debate, it is a gance which can result from a set of human again to your superb office staff and also to great debate. Let it continue. beings being in power for too long. I believe you, Congressman Richardson. in the axiom, ``Power corrupts, and absolute Sincerely, Mr. Chairman, also with regard to power corrupts absolutely.'' NICOLE BEERS. one of the specific proposals that we P.S. Juan Wecaro is the gentleman that will be debating and voting on, and Mr. Chairman, it is time to impose on our worked directly with me. that is that proposal for a 12-year limit legislative branch the same kind of protection that would allow States to set lower against the accumulation of power and the CLOVIS, NM, limits, let me say that is a recipe for corruption which results from it that we have November 11, 1994. disaster. That is a recipe that guaran- imposed on our executive branch of Govern- Hon. BILL RICHARDSON, tees that the issue will in fact be bot- ment. Rayburn House Office Bldg., Washington, DC. tled up in our courts for decades or Mr. CANADY of Florida. Mr. Chair- DEAR REPRESENTATIVE RICHARDSON: We re- years to come. man, I yield 1 minute to the gentleman gret that you escaped the gigantic broom Let us reflect back to the last time from Michigan [Mr. HOEKSTRA]. that swept socialist liberals out of govern- this body did decide a similar issue, Mr. HOEKSTRA. Mr. Chairman, as I ment Tuesday; however, we feel somewhat encouraged that the great event will serve as and that is early in this century with listen to the debate today, I believe a very effective wakeup call that we will not the 17th amendment that provided for once again we see that Congress just tolerate business as usual in Washington, the direct election of Senators. Had does not get it. There continues to be a DC! those Members who voted for that, and huge disconnect between Congress and H 3908 CONGRESSIONAL RECORD — HOUSE March 29, 1995 the American people, between this sulting in a higher number of open nary Americans, we need campaign fi- beltway mentality in Washington and seats, which are easier for women and nance reform, not term limits. We need the rest of the country. minorities to win. Currently, 72 per- to stop millionaires from buying their I enjoy listening to the philosophical cent of the women and 81 percent of the own seats, and end the absurdity of 20 debate about the pros and cons for minorities serving in Congress were percent of the Members of Congress term limits, but coming from a busi- elected to open seats. being millionaires themselves. ness background, I think it is also im- Some say that we already have term We need to stop corporations from portant to come back and take a look limits in the form of elections. Unfor- putting huge amounts of campaign at reality. tunately, voters are reluctant to oust contributions into political parties as Let us take a look at what perform- their own incumbents—even in 1994, 90 soft money. We need to stop powerful ance this Congress has been giving to percent of incumbents were re-elected. interests like the insurance companies the American people: huge deficits; a At the same time, however the voters from buying the air waves to prevent process which has unempowered the in eight States enacted new term lim- real health care reform. people by developing a campaign proc- its laws. Mr. Chairman, let us pass campaign ess where Congress is forced to raise Others say that governing is too finance reform, not term limits, and re- huge amounts for campaign war chests, complicated to be left to citizen legis- turn power back to ordinary Ameri- and other failed programs. We have de- lators. If our Government is too com- cans. veloped a huge welfare state, a depend- plex to be understood by its citizens, Mr. CANADY of Florida. Mr. Chair- ency on Washington rather than the then we should be simplifying it, not man, I yield 11⁄2 minutes to the gen- American people. creating a class of professional politi- tleman from Virginia [Mr. GOODLATTE]. It is time that we move back, that we cians to run it. (Mr. GOODLATTE asked and was empower the American people, that we Take a look at the First Congress. given permission to revise and extend even the playing field. We have to rec- That group of novices managed to rack his remarks.) ognize that the only change and real up some pretty significant accomplish- Mr. GOODLATTE. Mr. Chairman, I reform that is taking place, is taking ments. The Bill of Rights, for example. thank the gentleman for yielding time place at the State level, where voters I am sure there were a lot of lofty ar- to me. are empowered to make change. guments put forward in this body 100 Mr. Chairman, I rise in strong sup- Mr. CANADY of Florida. Mr. Chair- years ago as to why women’s suffrage port of term limits. I have a great re- man, I yield 3 minutes to the gentle- should not be written into the Con- spect for some of those here today who woman from Florida [Mrs. FOWLER]. stitution. But while Congress was de- have argued against them, but I think Mrs. FOWLER. Mr. Chairman, the de- bating, States were taking action. they have missed the point and missed bate on term limits parallels the de- It is no different this time around. To the point entirely. It has been claimed bate over giving women the right to date, 25 million Americans in 22 States that term limits will give strength and vote. have voted for congressional term lim- power to the congressional staff, to bu- It took Congress 32 years to catch up its. When Members cast their vote reaucrats, to lobbyists who will be here with the public’s desire for women’s today, I urge them to come down on in Washington, DC perhaps forever to suffrage. The first vote in Congress on the side of the American people. I urge come. a constitutional amendment to give them to vote ‘‘yes’’ on final passage of I think that is entirely wrong. I women the vote took place in 1887, and term limits. think in fact the current system gives it was defeated. It was defeated again Mr. CONYERS. Mr. Chairman, I am strength to those institutions of Wash- in 1918 and once more in early 1919. It delighted to yield 2 minutes to the gen- ington, DC, because those who have wasn’t until later in 1919 that Congress tleman from Vermont [Mr. SANDERS]. been here for 20, 30, 40, and 50 years are finally approved the amendment and Mr. SANDERS. Mr. Chairman, the the ones who have institutionalized sent it to the States for ratification. American people are angry and frus- themselves as part of that process. During the three decades that Con- trated about the Congress and its lack They have been unwilling to change. gress was opposing women’s suffrage, of responsiveness to their needs. The That is what has been seen when we however, 30 of the 48 States went ahead rich get richer, the poor get poorer, have actually had some turnover here and gave women the right to vote in and the middle class continues to recently. some degree. shrink. Congress does not act and the Conventional wisdom is not being ac- The same thing has occurred with people are angry. cepted right now. The status quo is not term limits. During the last few years, The standard of living of the average being accepted. It is because of the fact when the Democratic leadership re- American continues to go down, down, that we have new Members bringing fused to even bring this issue to the down, and we continue to lose huge that about. Term limits is the only floor, 22 States have passed their own numbers of decent-paying jobs to des- way to assure that we will have this congressional term limits laws. The perate third-world countries. Congress constant turnover, this constant term limits provision in the Contract does not act and the people are angry. freshness. With America and today’s vote are The United States today is the only Those who suggest that the only kind signs that under our new Republican major industrialized Nation on Earth of experience in this Congress is the ex- leadership Congress is finally catching without a national health care system. perience of warming a seat here for 20, up with the States. Congress does not act and the people 30, 40, or in the case of one individual The very first bill I introduced when are angry. who set the all-time record of 54 years, I came to Congress was a term limits What are term limits going to do are wrong. I keep hearing Henry Clay’s bill tracking Florida’s 8-year limit, and about any of this? Nothing, except per- name being mentioned. Henry Clay was I introduced the same bill again this haps make a bad situation worse. Mr. elected Speaker of the House in the year. I will support both the Hilleary Chairman, the problem with American early 1800’s, not after he had been here and McCollum amendments because politics is not that we cannot force out for 20 years, in his very first term. they would not supersede Florida’s law, every Member of Congress every 6 Why? Not because of experience in the which passed in 1992 with 77 percent of years. That is not the problem. House of Representatives, but because the vote. National poll numbers show The problem is that the U.S. Con- of experience in life. It is time that we about the same percentage of support gress today is dominated by big money recognize that and return this institu- for term limits across the country. interests, and that this institution tion to the people. I urge support for Term limits will result in a Congress works primarily for the wealthy and term limits. that is closer to the people. They will the powerful, and not the ordinary Mr. CANADY of Florida. Mr. Chair- reduce the power of staff, since the American. That is the problem, and all man, I yield 1 minute to the gentleman most powerful staffers are always those of the term limits in the world are not from New York [Mr. QUINN]. who work for the most senior Members. going to change that reality. (Mr. QUINN asked and was given per- And they will make the Congress more Mr. Chairman, if we are going to mission to revise and extend his re- truly representative of America by re- make the Congress responsive to ordi- marks.) March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3909 Mr. QUINN. Mr. Chairman, later turn out representatives who they feel out of surgery, how I will never know, today the House will vote on the ques- have outlived their usefulness. they put through a call from North tion of whether or not to assign term Our Nation already has term limits: Carolina to my room, and this little limits to all Members of Congress. This it’s called ‘‘voting.’’ old lady said to me, ‘‘BILL HEFNER, I is truly an historic occasion. I do not subscribe to the theory that just want to call you and thank you be- I strongly support a 12-year term public service is the only job in our so- cause your office and your staff saved limit for both Senators and Represent- ciety in which experience is an evil. me from losing my home.’’ Our con- atives. Throughout my many years of serv- stituent service went to work for this In fact, when I first ran for Congress ice as a Member of this body, I have lady, and I do not know what we did, in 1992, the need for term limits was never experienced an unopposed elec- but in her mind it enabled her to save item No. 1 on my 11-point platform for tion. Every 2 years, I have defended the her home and that was precious to her. immediate congressional reform. positions I had taken, explained my I would hope that we would not pass I will quote from that list: voting record, and accounted to the an amendment that would prohibit any ‘‘No. 1. Term limits: With incum- people for my conduct in office. I be- member of this House from having bents winning re-election 90 percent of lieve that this was the way our Found- some precious soul in their district ex- the time, America’s electoral process is ing Fathers intended Congress to work, ercise their God-given right and their lacking the competition essential for and I see nothing wrong with that constitutional right to vote for who- true democracy. The life tenure of proposition. ever they want to if they get into the Members of Congress is the major con- Today, we are asked, for the first electoral process legally that they tributing factor to most of the prob- time in our Nation’s history, to turn could express their vote on confidence lems of Congress.’’ the clock back on 208 years of progress. in that person. Measures designed to effect congres- After two centuries of expanding the I think when you go to the American sional reform through term limitations electorate and the rights of our citi- people and tell them the truth, this is appeared on ballots in eight States dur- zens, for the first time, an amendment not a 12-year term limits, it is actually ing the 1994 election, and, in all but one is proposed that would restrict the at best a 17-year term limit prohibi- State, they were passed. rights of Americans to make a free and tion. Congressional term limits would en- open choice regarding their representa- Mr. CANADY of Florida. Mr. Chair- hance the democratic nature of our na- tives, and which would absolve them of man, I move that the Committee do tional legislature by opening it up to a the responsibility of remaining alert now rise. true, fair, and competitive election and active. The motion was agreed to. process. Mr. Chairman, term limits is much Accordingly, the Committee rose; more than just a bad idea. It is a threat and the Speaker pro tempore [Mr. b 1445 to our system of Government. I urge BARRETT of Nebraska] having assumed my colleagues to strongly reject this the chair, Mr. KLUG, Chairman of the Mr. SHAYS. Mr. Chairman, it gives amendment and to get on with the me great pleasure to yield 3 minutes to Committee of the Whole House on the business of governing. State of the Union, reported that that the gentleman from New York [Mr. Mr. CONYERS. Mr. Chairman, I yield GILMAN], chairman of a committee that Committee, having had under consider- 2 minutes to the distinguished gen- ation the joint resolution (H.J. Res. 73) focuses its attention around the world. tleman from North Carolina [Mr. HEF- (Mr. GILMAN asked and was given proposing an amendment to the Con- NER]. stitution of the United States with re- permission to revise and extend his re- (Mr. HEFNER asked and was given spect to the number of terms of office marks.) permission to revise and extend his re- of members of the Senate and the Mr. GILMAN. I thank the gentleman marks.) House of Representatives, had come to for yielding me the time. Mr. HEFNER. First of all I would no resolution thereon. Mr. Chairman, I am pleased to rise in like to say that I witnessed today from opposition to the term limits amend- the gentleman from Illinois [Mr. HYDE] f ments. Just last week, after a historic one of the greatest speeches I have ever debate, the Congress debated and ap- heard on the floor of this House of Rep- CONFERENCE REPORT ON H.R. 831, proved the Personal Responsibility resentatives. I think we are talking PERMANENT EXTENSION OF THE Act, sending a clear message: Ameri- about the wrong thing in this debate on HEALTH INSURANCE DEDUCTION cans must take responsibility for their term limits. FOR THE SELF-EMPLOYED own actions. Let’s try to put it in focus for the Mr. ARCHER submitted the follow- Two weeks ago, our debate on com- millions of people that are fortunate ing conference report and statement on monsense legal reform also focused on enough to hear this very high-level de- the bill (H.R. 831) to amend the Inter- the proposition that individual respon- bate today. I believe that if you went nal Revenue Code of 1986 to perma- sibility is the hallmark of our Nation. to the American people and you said to nently extend the deduction for health Is it not ironic that we are now con- the American people, ‘‘What do you insurance costs of self-employed indi- sidering stripping Americans of the think about term limits for Members of viduals, to repeal the provision permit- most basic, crucial responsibility of Congress in the other body?’’ they ting nonrecognition of gain on sales all: the responsibility to remain alert, would say, ‘‘We support term limits.’’ and exchanges effectuating policies of active, and informed; the responsibility But if you gave them the full facts and the Federal Communications Commis- to monitor elected officials; the re- you said the amendment that we are sion, and for other purposes: sponsibility to cast an intelligent vote considering today, a 12-year limit, and on election day. you said to them at the very best it is CONFERENCE REPORT (H. REPT. 104–92) Term limits are being proposed to going to take 5 years for it to work its The committee of conference on the dis- solve a problem that does not exist. way through the States, so that makes agreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. Over half the current Members of Con- 17 years and everybody that has spoken 831), to amend the Internal Revenue Code of gress began their service in this Cham- on this for and against has been here at 1986 to permanently extend the deduction for ber since 1990. During the 8 years that least one term, which is 2 more years, the health insurance costs of self-employed Ronald Reagan was President, the so you are talking about term limits to individuals, to repeal the provision permit- House experienced a 60-percent turn- get rid of all the riffraff here, you have ting nonrecognition of gain on sales and ex- over of membership. got 17 years. Term limits for 17 years. changes effectuating policies of the Federal Those Americans who have chosen to I happen to believe that public serv- Communications Commission, and for other exercise their responsibility in voting ice is the most honorable profession purposes, having met, after full and free con- ference, have agreed to recommend and do have been remarkably discriminating. that you can practice. I am going if recommend to their respective Houses as fol- It is an insult to their intelligence, and you will permit me to be personal for lows: to their patriotism, to contend term one minute. I had open heart surgery That the House recede from its disagree- limits are the only possible way to about 4 years ago and the second day ment to the amendment of the Senate and H 3910 CONGRESSIONAL RECORD — HOUSE March 29, 1995

agree to the same with an amendment as fol- (1) IN GENERAL.—Section 1033 of the Internal ‘‘(ii) the sum of— lows: Revenue Code of 1986 (relating to involuntary ‘‘(I) the deductions (other than interest) In lieu of the matter proposed to be in- conversions) is amended by redesignating sub- which are clearly and directly allocable to such serted by the Senate amendment, insert the section (i) as subsection (j) and by inserting gross income, plus following: after subsection (h) the following new sub- ‘‘(II) interest deductions properly allocable to SECTION 1. PERMANENT EXTENSION AND IN- section: such gross income.’’ CREASE OF DEDUCTION FOR ‘‘(i) NONRECOGNITION NOT TO APPLY IF COR- (b) EFFECTIVE DATE.—The amendments made HEALTH INSURANCE COSTS OF PORATION ACQUIRES REPLACEMENT PROPERTY by this section shall apply to taxable years be- SELF-EMPLOYED INDIVIDUALS. FROM RELATED PERSON.— ginning after December 31, 1995. (a) PERMANENT EXTENSION.—Subsection (l) of ‘‘(1) IN GENERAL.—In the case of— section 162 of the Internal Revenue Code of 1986 ‘‘(A) a C corporation, or SEC. 5. EXTENSION OF SPECIAL RULE FOR CER- (relating to special rules for health insurance ‘‘(B) a partnership in which 1 or more C cor- TAIN GROUP HEALTH PLANS. costs of self-employed individuals) is amended porations own, directly or indirectly (determined Section 13442(b) of the Omnibus Budget Rec- by striking paragraph (6). in accordance with section 707(b)(3)), more than onciliation Act of 1993 (Public Law 103–66) is (b) INCREASE IN DEDUCTION.—Paragraph (1) of 50 percent of the capital interest, or profits in- amended by striking ‘‘May 12, 1995’’ and insert- section 162(l) of the Internal Revenue Code of terest, in such partnership at the time of the in- ing ‘‘December 31, 1995’’. voluntary conversion, 1986 is amended by striking ‘‘25 percent’’ and in- SEC. 6. STUDY OF EXPATRIATION TAX. serting ‘‘30 percent’’. subsection (a) shall not apply if the replacement (a) IN GENERAL.—The staff of the Joint Com- (c) EFFECTIVE DATES.— property or stock is acquired from a related per- mittee on Taxation shall conduct a study of the (1) EXTENSION.—The amendment made by sub- son. The preceding sentence shall not apply to issues presented by any proposals to affect the section (a) shall apply to taxable years begin- the extent that the related person acquired the taxation of expatriation, including an evalua- ning after December 31, 1993. replacement property or stock from an unrelated tion of— (2) INCREASE.—The amendment made by sub- person during the period described in subsection section (b) shall apply to taxable years begin- (a)(2)(B). (1) the effectiveness and enforceability of cur- ning after December 31, 1994. ‘‘(2) RELATED PERSON.—For purposes of this rent law with respect to the tax treatment of ex- SEC. 2. REPEAL OF NONRECOGNITION ON FCC subsection, a person is related to another person patriation, CERTIFIED SALES AND EXCHANGES. if the person bears a relationship to the other (2) the current level of expatriation for tax (a) IN GENERAL.—Subchapter O of chapter 1 person described in section 267(b) or 707(b)(1).’’ avoidance purposes, of the Internal Revenue Code of 1986 is amended (2) EFFECTIVE DATE.—The amendment made (3) any restrictions imposed by any constitu- by striking part V (relating to changes to effec- by paragraph (1) shall apply to involuntary tional requirement that the Federal income tax tuate FCC policy). conversions occurring on or after February 6, apply only to realized gains, (b) CONFORMING AMENDMENTS.—Sections 1995. (4) the application of international human 1245(b)(5) and 1250(d)(5) of the Internal Revenue (b) APPLICATION OF SECTION 1033 TO CERTAIN rights principles to taxation of expatriation, SALES REQUIRED FOR MICROWAVE RELOCA- Code of 1986 are each amended— (5) the possible effects of any such proposals TION.— (1) by striking ‘‘section 1071 (relating to gain on the free flow of capital into the United (1) IN GENERAL.—Section 1033 of the Internal from sale or exchange to effectuate polices of States, FCC) or’’, and Revenue Code of 1986 (relating to involuntary (6) the impact of any such proposals on exist- (2) by striking ‘‘1071 AND’’ in the heading conversions), as amended by subsection (a), is thereof. amended by redesignating subsection (j) as sub- ing tax treaties and future treaty negotiations, (c) CLERICAL AMENDMENT.—The table of parts section (k) and by inserting after subsection (i) (7) the operation of any such proposals in the for such subchapter O is amended by striking the following new subsection: case of interests in trusts, the item relating to part V. ‘‘(j) SALES OR EXCHANGES TO IMPLEMENT (8) the problems of potential double taxation (d) EFFECTIVE DATE.— MICROWAVE RELOCATION POLICY.— in any such proposals, (1) IN GENERAL.—The amendments made by ‘‘(1) IN GENERAL.—For purposes of this sub- (9) the impact of any such proposals on the this section shall apply to— title, if a taxpayer elects the application of this trade policy objectives of the United States, (A) sales and exchanges on or after January subsection to a qualified sale or exchange, such (10) the administrability of such proposals, 17, 1995, and sale or exchange shall be treated as an involun- and tary conversion to which this section applies. (B) sales and exchanges before such date if (11) possible problems associated with existing ‘‘(2) QUALIFIED SALE OR EXCHANGE.—For pur- the FCC tax certificate with respect to such sale law, including estate and gift tax provisions. or exchange is issued on or after such date. poses of paragraph (1), the term ‘qualified sale (b) REPORT.—The Chief of Staff of the Joint (2) BINDING CONTRACTS.— or exchange’ means a sale or exchange before Committee on Taxation shall, not later than (A) IN GENERAL.—The amendments made by January 1, 2000, which is certified by the Fed- this section shall not apply to any sale or ex- eral Communications Commission as having June 1, 1995, report the results of the study con- change pursuant to a written contract which been made by a taxpayer in connection with the ducted under subsection (a) to the Chairmen of was binding on January 16, 1995, and at all relocation of the taxpayer from the 1850– the Committee on Ways and Means of the House times thereafter before the sale or exchange, if 1990MHz spectrum by reason of the Federal of Representatives and the Committee on Fi- the FCC tax certificate with respect to such sale Communications Commission’s reallocation of nance of the Senate. or exchange was applied for, or issued, on or be- that spectrum for use for personal communica- And the Senate agree to the same. tions services. The Commission shall transmit fore such date. BILL ARCHER, (B) SALES CONTINGENT ON ISSUANCE OF CER- copies of certifications under this paragraph to PHILIP CRANE, TIFICATE.— the Secretary.’’ WM. THOMAS, (i) IN GENERAL.—A contract shall be treated as (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to sales or ex- CHARLES B. RANGEL, not binding for purposes of subparagraph (A) if Managers on the Part of the House. the sale or exchange pursuant to such contract, changes after March 14, 1995. BOB PACKWOOD, or the material terms of such contract, were con- SEC. 4. DENIAL OF EARNED INCOME CREDIT FOR BOB DOLE, tingent, at any time on January 16, 1995, on the INDIVIDUALS HAVING EXCESSIVE IN- BILL ROTH, issuance of an FCC tax certificate. The preced- VESTMENT INCOME. JOHN H. CHAFEE, ing sentence shall not apply if the FCC tax cer- (a) IN GENERAL.—Section 32 of the Internal CHUCK GRASSLEY, tificate for such sale or exchange is issued on or Revenue Code of 1986 is amended by redesignat- DANIEL PATRICK MOYNIHAN, before January 16, 1995. ing subsections (i) and (j) as subsections (j) and MAX BAUCUS, (ii) MATERIAL TERMS.—For purposes of clause (k), respectively, and by inserting after sub- section (h) the following new subsection: CAROL MOSELEY-BRAUN, (i), the material terms of a contract shall not be Managers on the Part of the Senate. treated as contingent on the issuance of an FCC ‘‘(i) DENIAL OF CREDIT FOR INDIVIDUALS HAV- tax certificate solely because such terms provide ING EXCESSIVE INVESTMENT INCOME.— JOINT EXPLANATORY STATEMENT OF ‘‘(1) IN GENERAL.—No credit shall be allowed that the sales price would, if such certificate THE COMMITTEE OF CONFERENCE under subsection (a) for the taxable year if the were not issued, be increased by an amount not The managers on the part of the House and aggregate amount of disqualified income of the greater than 10 percent of the sales price other- the Senate at the conference on the disagree- taxpayer for the taxable year exceeds $2,350. wise provided in the contract. ‘‘(2) DISQUALIFIED INCOME.—For purposes of ing votes of the two Houses on the amend- (3) FCC TAX CERTIFICATE.—For purposes of paragraph (1), the term ‘disqualified income’ ment of the Senate to the bill (H.R. 831) to this subsection, the term ‘‘FCC tax certificate’’ means— amend the Internal Revenue Code of 1986 to means any certificate of the Federal Commu- ‘‘(A) interest or dividends to the extent includ- permanently extend the deduction for the nications Commission for the effectuation of sec- ible in gross income for the taxable year, health insurance costs of self-employed indi- tion 1071 of the Internal Revenue Code of 1986 ‘‘(B) interest received or accrued during the viduals, to repeal the provision permitting (as in effect on the day before the date of the taxable year which is exempt from tax imposed nonrecognition of gain on sales and ex- enactment of this Act). by this chapter, and changes effectuating policies of the Federal SEC. 3. SPECIAL RULES RELATING TO INVOLUN- ‘‘(C) the excess (if any) of— Communications Commission, and for other TARY CONVERSIONS. ‘‘(i) gross income from rents or royalties not purposes, submit the following joint state- (a) REPLACEMENT PROPERTY ACQUIRED BY derived in the ordinary course of a trade or ment to the House and the Senate in expla- CORPORATIONS FROM RELATED PERSONS.— business, over nation of the effect of the action agreed upon March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3911 by the managers and recommended in the ac- Senate Amendment must constitute a condemnation, as defined companying conference report: The Senate amendment is the same as the above. The Senate amendment struck all of the House bill, except that the deduction would Special rules under Code section 1071 House bill after the enacting clause and in- be increased to 30 percent for years begin- Under Code section 1071, if the FCC cer- serted a substitute text. ning after December 31, 1994. The House recedes from its disagreement tifies that a sale or exchange of property is Effective date.—The provision generally necessary or appropriate to effectuate a to the amendment of the Senate with an would be effective for taxable years begin- amendment that is a substitute for the change in a policy of, or the adoption of a ning after December 31, 1993. The increase in new policy by, the FCC with respect to the House bill and the Senate amendment. The the deduction to 30 percent of health insur- differences between the House bill, the Sen- ownership and control of ‘‘radio broadcasting ance costs would be effective for taxable stations,’’ a taxpayer may elect to treat the ate amendment, and the substitute agreed to years beginning after December 31, 1994. in conference are noted below, except for sale or exchange as an involuntary conver- clerical corrections, conforming changes Conference Agreement sion. The FCC is not required to determine made necessary by agreements reached by The conference agreement follows the Sen- the tax consequences of certifying a sale or the conferences, and minor drafting and cler- ate amendment. to consult with the IRS about the certifi- cation process. ical changes. B. REPEAL OF SPECIAL RULES APPLICABLE TO Under Code section 1071, the replacement A. PERMANENTLY EXTEND DEDUCTION FOR FCC-CERTIFIED SALES OF BROADCAST PROP- requirement in the case of FCC-certified HEALTH INSURANCE COSTS OF SELF-EM- ERTY PLOYED INDIVIDUALS sales may be satisfied by purchasing stock of (Sec. 2 of the House bill, sec. 2 of the Senate (Sec. 1 of the House bill, sec. 1 of the Senate a corporation that owns broadcasting prop- amendment, sec. 2 of the conference agree- erty, whether or not the stock represents amendment, sec. 1 of the conference agree- ment, and sec. 1071 of the Code) ment and sec. 162(l) of the Code) control of the corporation. In addition, even Present Law and Background if the taxpayer does not reinvest all the sales Present Law Tax treatment of a seller of broadcast property proceeds in similar or related replacement Under present law, the tax treatment of property, the taxpayer nonetheless may General tax rules health insurance expenses depends on wheth- elect to defer recognition of gain if the basis er the taxpayer is an employee and whether Under generally applicable Code provi- of depreciable property that is owned by the the taxpayer is covered under a health plan sions, the seller of a business, including a taxpayer immediately after the sale or that paid for by the employee’s employer. An em- broadcast business, recognizes gain to the is acquired during the same taxable year is ployer’s contribution to a plan providing ac- extent the sale price (and any other consid- reduced by the amount of deferred gain. cident or health coverage for the employee eration received) exceeds the seller’s basis in and the employee’s spouse and dependents is the property. The recognized gain is then Tax treatment of a buyer of broadcast property excludable from an employee’s income. The subject to the current income tax unless the Under generally applicable Code provi- exclusion is generally available in the case gain is deferred or not recognized under a sions, the purchaser of a broadcast business, of owners of a business who are also employ- special tax provision. or any other business, acquires a basis equal ees. Special rules under Code section 1033 to the purchase price paid. In an asset acqui- In the case of self-employed individuals sition, a buyer must allocate the purchase (i.e., sole proprietors or partners in a part- Under Code section 1033, gain realized by a taxpayer from certain involuntary conver- price among the purchased assets to deter- nership), no equivalent exclusion applies. mine the buyer’s basis in these assets. In a However, prior law provided a deduction for sions of property is deferred to the extent the taxpayer purchases property similar or stock acquisition, the buyer generally takes 25 percent of the amount paid for health in- a basis in the stock equal to the purchase surance for a self-employed individual and related in service or use to the converted property. The replacement property may be price paid, and the business retains its basis the individual’s spouse and dependents. The in the assets. This treatment applies wheth- 25-percent deduction was available with re- acquired directly or by acquiring control of a corporation (generally, 80 percent of the er or not the seller of the broadcast property spect to the cost of self-insurance as well as has received an FCC certificate exempting commercial insurance. In the case of self in- stock of the corporation) that owns replace- ment property. The taxpayer’s basis in the the sale transaction from the normal tax surance, the deduction was not available un- treatment. less the self-insured plan was in fact insur- replacement property generally is the same ance (e.g., there was appropriate risk shift- as the taxpayer’s basis in the converted FCC tax certificate program property, decreased by the amount of any ing) and not merely a reimbursement ar- Multiple ownership policy rangement. The 25-percent deduction was not money or loss recognized on the conversion, available for any month if the taxpayer was and increased by the amount of any gain rec- The FCC originally adopted multiple own- 4 eligible to participate in a subsidized health ognized on the conversion. ership rules in the early 1940s. These rules plan maintained by the employer of the tax- Only involuntary conversions that result prohibited broadcast station owners from payer or the taxpayer’s spouse. In addition, from destruction, theft, seizure, or con- owning more than one station in the same no deduction was available to the extent demnation (or threat or imminence thereof) service area, and, generally, more than six that the deduction exceeded the taxpayer’s are eligible for deferral under Code section high frequency (radio) or three television earned income. The amount of expenses paid 1033. In addition, the term ‘‘condemnation’’ stations. Owners wishing to acquire addi- for health insurance in excess of the deduct- refers to the process by which private prop- tional stations had to divest themselves of ible amount could be taken into account in erty is taken from public use without the stations they already owned in order to re- determining whether the individual was enti- consent of the property owner but upon the main in compliance with the FCC’s rules. tled to an itemized deduction for medical ex- award and payment of just compensation, ac- In November 1943, the FCC adopted a rule penses. The 25-percent deduction expired for cording to a ruling by the Internal Revenue that prohibited duopolies (ownership of more taxable years beginning after December 31, Service (IRS).1 Thus, for example, an order than one station in the same city).5 After 1993. by a Federal court to a corporation to divest these rules were adopted, owners wishing to For purposes of these rules, more than 2- itself of ownership of certain stock because acquire additional stations in excess of the percent shareholders of S corporations are of anti-trust rules is not a condemnation (or national ownership limit had to divest them- treated the same as self-employed individ- a threat or imminence thereof), and the di- selves of stations they already owned in uals. Thus, they were entitled to the 25-per- vestiture is not eligible for deferral under order to remain in compliance with the cent deduction. this provision.2 Under another IRS ruling, FCC’s rules. After Code section 1071 was Other individuals who purchase their own the ‘‘threat or imminence of condemnation’’ adopted in 1943, in some cases, parties peti- health insurance (e.g., someone whose em- test is satisfied if, prior to the execution of tioned the FCC for tax certificates pursuant ployer does not provide health insurance) a binding contract to sell the property, ‘‘the to Code section 1071 when divesting them- can deduct their insurance premiums only to property owner is informed, either orally or selves of stations. These divestitures were la- the extent that the premiums, when com- in writing by a representative of a govern- beled ‘‘voluntary divestitures’’ by the FCC. bined with other unreimbursed medical ex- mental body or public official authorized to When the duopoly rule was adopted, 35 li- penses, exceed 7.5 percent of adjusted gross acquire property for public use, that such censees that held more than one license in a income. body or official has decided to acquire his particular city were required by the rule ‘‘in- House Bill property, and from the information conveyed voluntarily’’ to divest themselves of one of the licenses.6 The House bill would retroactively rein- to him has reasonable grounds to believe state the deduction for 25 percent of health that his property will be condemned if a vol- insurance costs of self-employed individuals untary sale is not arranged.’’ 3 However, 4 Fed. Reg. 2382 (June 26, 1940) (multiple ownership for 1994 and would extend the deduction per- under this ruling, the threatened taking also rules for high frequency broadcast stations); 5 Fed. manently. Reg. 2284 (May 6, 1941) (multiple ownership rules for television stations). Effective date.—The provision would be ef- 1 Rev. Rul. 58–11, 1958–1 C.B. 273. 5 8 Fed. Reg. 16065 (Nov. 23, 1943). 2 fective for taxable years beginning after De- Id. 6 FCC Announces New Policy Relating to Issuance 3 cember 31, 1993. Rev. Rul. 74–8, 1974–1 C.B. 200. of Tax Certificates, 14 FCC2d 827 (1956). H 3912 CONGRESSIONAL RECORD — HOUSE March 29, 1995 Minority ownership policy more than 2,000 licenses to provide personal is unknown at present. If no agreement is In 1978, the FCC announced a policy of pro- communications services (‘‘PCS’’). PCS will reached within the 3-year voluntary negotia- moting minority ownership of broadcast fa- be provided by means of a new generation of tion period, the microwave operators will be cilities by offering an FCC tax certificate to communication devices that will include required by the FCC to vacate the spectrum; those who voluntarily sell such facilities (ei- small, lightweight, multi-function portable however, the timing of such relocation is un- ther in the form of assets or stock) to minor- phones, portable facsimile and other imaging certain because the relocation would take ity individuals or minority-controlled enti- devices, new types of multi-channel cordless place only after completion of a formal nego- ties.7 The FCC’s policy was based on the view phones, and advanced paging devices with tiation process in which the FCC would be a that minority ownership of broadcast sta- two-way data capabilities. The PCS auctions participant. tions would provide a significant means of (which began last year) will constitute the The FCC will employ the tax certificate fostering the inclusion of minority views in largest auction of public assets in American program for PCS to encourage fixed micro- programming, thereby serving the needs and history and are expected to generate billions wave operators voluntarily to relocate from interests of the minority community as well of dollars for the United States Treasury.14 the 1850–1990 MHz band to clear the band for as enriching and educating the non-minority The FCC has designed procedures to ensure PCS technologies.18 Tax certificates will be audience. The FCC subsequently expanded that small businesses, rural telephone com- available to incumbent microwave operators its policy to include the sale of cable tele- panies and businesses owned by women and that relocate voluntarily within three years vision systems to minorities as well.8 minorities have ‘‘the opportunity to partici- following the close of the bidding process. ‘‘Minorities,’’ within the meaning of the pate in the provision’’ of PCS, as Congress Thus, the certificates are intended to en- FCC’s policy, include ‘‘Blacks, Hispanics, directed in 1993.15 To help minorities and courage such occupants to relocate more American Indians, Alaska Natives, Asians, women participate in the auction of the PCS quickly than they otherwise would and to and Pacific Islanders.’’ 9 As a general rule, a licenses, the FCC took several steps includ- clarify the tax treatment of such trans- minority-controlled corporation is one in ing up to a 25-percent bidding credit, a re- actions.19 which more than 50 percent of the voting duced upfront payment requirement, a flexi- Congressional appropriations rider stock is held by minorities. A minority-con- ble installment payment schedule and an ex- trolled limited partnership is one in which tension of the tax certificate program for Since fiscal year 1988, in appropriations the general partner is a minority or minor- businesses owned by minorities and women.16 legislation, the Congress has prohibited the ity-controlled, and minorities have at least a The FCC will employ the tax certificate FCC from using any of its appropriated funds 20-percent interest in the partnership.10 The program in three ways: (1) initial investors to repeal, to retroactively apply changes in, FCC requires those who acquire broadcast (who provide ‘‘start-up’’ financing or pur- or to continue to reexamination of its com- properties with the help of the FCC tax cer- chase interests within the first year after li- parative licensing, distress sale and tax cer- tificate policy to hold those properties for at cense issuance) in minority and woman- tificate policies.20 This limitation has not least one year.11 An acquisition can qualify owned PCS businesses will be eligible for prevented an expansion of the existing pro- even if there is a pre-existing agreement (or FCC tax certificates upon the sale of their gram.21 The current rider will expire at the option) to buy out the minority interests at investments; (2) holders of PCS licenses will end of the 1995 fiscal year, September 30, the end of the one-year holding period, pro- be able to obtain FCC tax certificates upon 1995. the sale of the business to a company con- viding that the transaction is at arm’s- House Bill length. trolled by minorities and women; and (3) a In 1982, the FCC further expanded its tax cellular operator that sells its interest in an The House bill would repeal Code section certificate policy for minority ownership. At overlapping cellular system to a minority or 1071. Thus, a sale or exchange of broadcast that time, the FCC decided that, in addition a woman-owned business to come into com- properties would be subject to the same tax to those who sell properties to minorities, pliance with the FCC PCS/cellular cross- rules applicable to all other taxpayers en- investors who contribute to the stabilization ownership rule will be eligible for a tax cer- gaged in the sale or exchange of a business. of the capital base of a minority enterprise tificate. In addition, as discussed below, the Effective date.—The repeal of section 1071 would be entitled to a tax certificate upon FCC will issue tax certificates for PCS to en- would be effective for (1) sales or exchanges the subsequent sale of their interest in the courage fixed microwave operators volun- on or after January 17, 1995, and (2) sale or minority entity.12 To qualify for an FCC tax tarily to relocate to clear a portion of the exchanges before that date if the FCC tax certificate in this circumstance, an investor spectrum for PCS technologies. certificate with respect to the sale or ex- must either (1) provide start-up financing Microwave relocation policy change is issued on or after that date. The that allows a minority to acquire either PCS can operate only on frequencies below provision would not apply to taxpayers who broadcast or cable properties, or (2) purchase 3GHz. However, because that frequency have entered into a binding written contract shares in a minority-controlled entity within range is currently occupied by various pri- (or have completed a sale or exchange pursu- the first year after the license necessary to vate fixed microwave communications sys- ant to a binding written contract) before operate the property is issued to the minor- tems (such as railroads, oil pipelines, and January 17, 1995, and who have applied for an ity. An investor can qualify for a tax certifi- electric utilities), there are no large blocks FCC tax certificate by that date. A contract cate even if the date of the interest occurs of unallocated spectrum available to PCS. would be treated as not binding for this pur- after participation by a minority in the en- To accommodate PCS, the FCC has reallo- pose if the sale or exchange pursuant to the tity has ceased. In these situations, the sta- cated the spectrum; the 1850–1990MHz spec- contract (or the material terms of the con- tus of the divesting investor and the pur- trum will be used for PCS, and the micro- tract) were contingent on January 16, 1995, chaser of the divested interest is irrelevant, wave systems will be required to move to on issuance of an FCC tax certificate. A sale because the goal is to increase the financing higher frequencies. Current occupants of the or exchange would not be contingent on Jan- opportunities available to minorities. 1850–1990MHz spectrum allocated to PCS uary 16, 1995, on issuance of an FCC tax cer- must relocate to higher frequencies not later tificate if the tax certificate had been issued Personal communications services ownership by the FCC by that date. policy than three years after the close of the bid- ding process.17 In accordance with FCC rules, Senate Amendment In 1993, Congress provided for the orderly these current occupants have the right to be transfer of frequencies, including frequencies compensated for the cost of replacing their The Senate amendment is the same as the that can be licensed pursuant to competitive old equipment, which can operate only on House bill. bidding procedures.13 The FCC has adopted the 1850–1990MHz spectrum, with equipment Conference Agreement rules to conduct auctions for the award of that will operate at the new, higher fre- The conference agreement follows the quency. At a minimum, the winners of the House bill and the Senate amendment with a 7 Minority Ownership of Broadcasting Facilities, 68 new PCS licenses must pay for and install clarification that the material terms of an FCC2d 979 (1978). new facilities to enable the incumbent 8 Minority Ownership of Cable Television Systems, microwave operators to relocate. The 18 52 R.R.2d 1469 (1982). amount of these payments and characteris- See, Third Report and Order and Memorandum 9 52 R.R.2d at n. 1. Opinion and Order, 8 FCC Rcd 6589 (1993). tics of the new equipment will be the subject 10 Commission’s Policy Regarding the Advance- 19 The transaction between the PCS licensee and ment of Minority Ownership in Broadcasting, Policy of negotiation between the incumbent micro- the incumbent microwave operator might qualify Statement, and Notice of Proposed Rulemaking, 92 wave operators and the PCS licensees; thus, for tax-free treatment as a like-kind exchange under FCC2d 853–855 (1982). the nature of the compensation (i.e., solely Code section 1031 or as an involuntary conversion 11 See Amendment of Section 73.3597 of the Com- replacement equipment, or a combination of under Code section 1033. However, the availability of mission’s Rules (Applications for Voluntary Assign- replacement equipment plus a cash payment) deferral under these Code provisions may be uncer- ments or Transfers of Control), 57 R.R.2d 1149 (1985). tain in certain circumstances. For example, it may Anti-trafficking rules require cable properties to be be unclear whether the transaction would qualify as held for at least three years (unless the property is 14 Fifth Report and Order, 9 FCC Rcd 5532 (1994). an involuntary conversion under currently applica- sold pursuant to a tax certificate). 15 Omnibus Budget Reconciliation Act of 1993, P.L. 12 Commission Policy Regarding the Advancement 103–66, section 6002(a). ble IRS standards. 20 of Minority Ownership in Broadcasting, 92 FCC2d 849 16 Installment payments are available to small Pub. L. No. 100–202 (1987). (1982). businesses and rural telephone companies. 21 The appropriations restriction ‘‘does not pro- 13 Omnibus Budget Reconciliation Act of 1993, P.L. 17 The PCS auctions for the 1850–1990MHz spectrum hibit the agency from taking steps to create greater 103–66, Title VI. commenced in December, 1994. opportunity for minority ownership.’’ H. Rept. No. 103–708 (Conf. Rept.) 103d Cong. 2d Sess. 40 (1994). March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3913 otherwise binding contract in effect on Janu- Microwave relocation transactions because the phaseout limit depends on those ary 16, 1995, would not be treated as contin- The Senate amendment would provide that amounts, the phaseout rate, and the credit gent on the issuance of an FCC tax certifi- sales or exchanges that are certified by the rate, the phaseout limit will also increase if cate solely because the contract provides FCC as having been made by a taxpayer in there is inflation. Earned income consists of that the sales price is increased by an connection with the relocation of the tax- wages, salaries, other employee compensa- amount not greater than 10 percent of the payer from the 1850–1990MHz spectrum by tion, and net self-employment income. sales price in the event an FCC tax certifi- reason of the FCC’s reallocation of that spec- The credit rates and phaseout rates for the cate is not issued. trum for use for PCS would be treated as in- EITC change over time under present law. C. MODIFICATION OF CODE SECTION 1033 voluntary conversions to which Code section For 1996 and after, the credit rate will be 40 (Sec. 3 of the House bill, sec. 3 of the Senate 1033 applies. percent and the phaseout rate will be 21.06 amendment, sec. 3 of the conference agree- Effective date percent for taxpayers with two or more qualifying children. The credit rate and the ment, and sec. 1033 of the Code) The provision prohibiting the purchase of phaseout rate for taxpayers with one qualify- Present Law qualified replacement property from a relat- ing child or no qualifying children will be ed party would apply to involuntary conver- As described above (item B), under Code the same as those listed in the table above. section 1033, gain realized by a taxpayer from sions occurring on or after February 6, 1995. In order to claim the EITC, a taxpayer certain involuntary conversions of property The provision treating certain microwave must either have a qualifying child or must is deferred to the extent the taxpayer pur- relocation transactions as involuntary con- meet other requirements. A qualifying child chases property similar or related in service versions would apply to sales or exchanges must meet a relationship test, an age test, or use to the converted property within a occurring before January 1, 2000. and a residence test. In order to claim the specified period. Conference Agreement EITC without a qualifying child, a taxpayer Under rulings issued by the IRS to tax- The conference agreement follows the Sen- must not be a dependent and must be over payers, property (stock or assets) purchased ate amendment with a modification to pro- age 24 and under age 65. from a related person may, in some cases, vide that the amendments made to section qualify as property similar or related in 1033 will apply not only to C corporations, House Bill 22 service or use to the converted property. but also to certain partnerships. Specifi- Under the House bill, a taxpayer would not Thus, in certain circumstances, related tax- cally, the provision will apply to a partner- be eligible for the EITC if the aggregate payers may obtain significant (and possible ship if more than 50 percent of the capital in- amount of interest and dividends includible indefinite or permanent) tax deferral with- terest, or profits interest, of the partnership in the taxpayer’s income for the taxable year out any additional cash outlay to acquire are owned, directly or indirectly (as deter- exceeds $3,150. The otherwise allowable EITC new properties. In cases in which a taxpayer mined under section 707(b)(3)), by C corpora- amount would be phased out ratably for tax- purchases stock as replacement property, tions at the time of the involuntary conver- payers with aggregate taxable interest and section 1033 permits the taxpayer to reduce sion. If the provision applies to a partnership dividend income between $2,500 and $3,150. basis of stock, but does not require any re- under the above rule, the provision would For taxable years beginning after 1996, the duction in the basis of the underlying assets. apply to all partners of the partnership, in- $2,500 threshold and the $650 size of the Thus, the reduction in basis of stock does cluding partners that are not C corporations. phaseout would be indexed for inflation with not result in reduced depreciation deduc- If a partnership is not described by the above tions. rounding to the nearest multiple of $10. rule, none of the partners of the partnership Effective date.—The provision would be ef- House Bill will be subject to the provision by reason of fective for taxable years beginning after De- Under the House bill, a taxpayer would not their interest in the partnership. cember 31, 1995. be entitled to defer gain under Code section In addition, the conference agreement 1033 when the replacement property or stock clarifies that the determination of whether Senate Amendment is purchased from a related person. For pur- or not a partnership is related to another Under the Senate amendment, a taxpayer poses of the bill, a person would be treated as party will be made at the partnership level. would not be eligible for the EITC if the ag- related to another person if the relationship D. UNEARNED INCOME TEST FOR EARNED gregate amount of ‘‘disqualified income’’ of between the persons would result in a dis- INCOME TAX CREDIT the taxpayer for the taxable year exceeds allowance of losses under the rules of Code (Sec. 4 of the House bill, sec. 4 of the Senate $2,450. Disqualified income would be the sum section 267 or 707(b). The provision would be amendment, sec. 4 of the conference agree- of: intended to apply to all cases involving rela- ment, and sec. 32 of the Code) (1) interest (whether or not subject to tax) tionships to the taxpayer described in Code received or accrued in the taxable year, Present Law section 267(b) or 707(b)(1), including members (2) dividends to the extent includible in of controlled groups under Code section Eligible low-income workers are able to gross income for the taxable year, and 267(f). claim a refundable earned income tax credit (3) net income (if greater than zero) from Effective date.—The provision would apply (EITC). The amount of the credit an eligible rents and royalties not derived in the ordi- to replacement property or stock acquired taxpayer may claim depends upon whether nary course of business. on or after February 6, 1995. the taxpayer has one, more than one, or no Effective date.—Same as the House bill. Senate Amendment qualifying children and is determined by Conference Agreement Related-party transactions multiplying the credit rate by the taxpayer’s earned income up to an earned income The conference agreement provides that a Under the Senate amendment, subchapter threshold. The maximum amount of the taxpayer is not eligible for the EITC if the C corporations would not be entitled to defer credit is the product of the credit rate and aggregate amount of ‘‘disqualified income’’ gain under Code section 1033 if the replace- the earned income threshold. For taxpayers of the taxpayer for the taxable year exceeds ment property or stock is purchased from a with earned income (or adjusted gross in- $2,350. Disqualified income is the sum of: related person. A person would be treated as come, if greater) in excess of the phaseout (1) interest and dividends includible in related to another person if the person bears threshold, the credit amount is reduced by gross income for the taxable year, a relationship to the other person described the phaseout rate multiplied by the amount (2) tax-exempt interest received or accrued in Code section 267(b) or 707(b)(1). An excep- of earned income (or adjusted gross income, in the taxable year, and tion to the general rule would provide that a if greater) in excess of the phaseout thresh- (3) net income (if greater than zero) from taxpayer could purchase replacement prop- old. The credit is not allowed if earned in- rents and royalties not derived in the ordi- erty or stock from a related person and defer come (or adjusted gross income, if greater) nary course of business. gain under Code section 1033 to the extent exceeds the phaseout limit. There is no addi- the related person acquired the replacement Tax-exempt interest is defined as amounts tional limitation on the amount of unearned property or stock from an unrelated person required to be reported on the taxpayer’s re- income that the taxpayer may receive. within the period prescribed under Code sec- turn under Code section 6012(d). The parameters for the EITC depend upon tion 1033. Thus, property acquired from out- Effective date.—The provision is effective the number of qualifying children the tax- side the group within the period prescribed for taxable years beginning after December payer claims. For 1995, the parameters are as by section 1033 and retransferred to the tax- 31, 1995. follows: payer member of the group within the pre- E. EXTENSION OF RULE FOR CERTAIN GROUP scribed time period, would qualify in the Two or more One qualify- No qualifying HEALTH PLANS hands of the taxpayer to the extent that the qualifying ing child— children— property’s basis or other net tax con- children— (Sec. 5 of the conference agreement and sec. sequences to the group do not change as a re- Credit rate ...... 36.00% 34.00% 7.65% 162(n) of the Code) sult of the transfer. Phaseout rate ...... 20.22 15.98% 7.65% Earned income threshold .... $8,640 $6,160 $4,100 Present Law Maximum credit ...... $3,110 $2,094 $314 In general, present law disallows employer 22 See, e.g., PLR 8132072, PLR 8020069. Private let- Phaseout threshold ...... $11,290 $11,290 $5,130 ter rulings do not have precedential authority and Phaseout limit ...... $26,673 $24,396 $9,230 deductions for any amounts paid or incurred may not be relied upon by any taxpayer other than in connection with a group health plan if the the taxpayer receiving the ruling but are some indi- The earned income threshold and the plan fails to reimburse hospitals for inpa- cation of IRS administrative practice. phaseout threshold are indexed for inflation; tient services provided in the State of New H 3914 CONGRESSIONAL RECORD — HOUSE March 29, 1995 York at the same rate that licensed commer- Senate Amendment States cancels his certificate of naturaliza- cial insurers are required to reimburse hos- Under the Senate amendment, a U.S. citi- tion. pitals for inpatient services of individuals zen who relinquishes citizenship generally Under the amendment, an individual who not covered by a group health plan. This pro- would be treated as having sold all of his is subject to the tax on expatriation would vision applies with respect to inpatient hos- property at fair market value immediately be required to pay a tentative tax equal to pital services provided to participants after prior to the expatriation. Gain or loss from the amount of tax that would have been due February 2, 1993, and on or before May 12, the deemed sale would be recognized at that based on a hypothetical short tax year that 1995. time, generally without regard to other pro- ended on the date the individual relinquished his citizenship. The tentative tax would be House Bill visions of the Code. Net gain on the deemed due on the 90th day after the date of relin- No provision. sale would be recognized under the bill only to the extent it exceeds $600,000 ($1.2 million quishment. Senate Amendment in the case of married individuals filing a The amendment would provide that the time for the payment of the tax on expatria- No provision. joint return, both of whom expatriate). Property treated as sold by an expatriating tion may be extended for a period not to ex- Conference Agreement citizen under the provision would include all ceed 10 years at the request of the taxpayer, The conference agreement extends the items that would be included in the individ- as provided by section 6161. present-law deduction disallowance for ex- ual’s gross estate under the Federal estate The amendment would authorize the penses in connection with certain group tax if such individual were to die on the day Treasury Department to issue regulations to health plans through December 31, 1995. of the deemed sale, plus certain trust inter- permit a taxpayer to allocate the taxable Effective date.—The provision is effective ests that are not otherwise includible in the gain (net of any applicable exclusion) to the on the date of enactment. gross estate and other interests that may be basis of assets taxed under this provision, specified by the Treasury Department in thereby preventing double taxation if the as- F. IMPOSITION OF TAX ON U.S. CITIZENS WHO sets remain subject to U.S. tax jurisdiction. RELINQUISH CITIZENSHIP order to carry out the purposes of the provi- sion. Effective date.—The amendment would be (Sec. 5 of the Senate amendment, sec. 6 of Certain types of property generally would effective for U.S. citizens who relinquish the conference agreement, proposed new not be taken into account for purposes of de- their U.S. citizenship (as determined under sec. 877A, and secs. 877 and 7701 of the Code) termining the expatriation tax: U.S. real the provision) on or after February 6, 1995. The tentative tax would not be required to Present Law property interests, interests in qualified re- tirement plans (other than interests attrib- be paid until 90 days after the date of enact- U.S. citizens and residents generally are ment. subject to U.S. income taxation on their utable to excess contributions or contribu- tions that violate any condition for tax-fa- Present law would continue to apply to worldwide income. The United States im- U.S. citizens who relinquished their citizen- poses tax on gains recognized by foreign per- vored treatment), and, under regulations, in- terests in foreign pension plans and similar ship prior to February 6, 1995. sons that are attributable to dispositions of Conference Agreement interests in U.S. real property. Distribu- retirement plans or programs (up to a maxi- tions, including lump-sum distributions, mum amount of $500,000). The conference agreement does not include that foreign persons receive from qualified Under the amendment, an expatriate who the Senate amendment. U.S. retirement plans generally are subject is a beneficiary of a trust would be deemed The conference agreement, however, di- to U.S. tax at a 30-percent rate. to own a separate trust consisting of the as- rects that the staff of the Joint Committee A U.S. citizen who relinquishes U.S. citi- sets allocable to his share of the trust, in ac- on Taxation undertake a study of the issues zenship with a principal purpose to avoid cordance with his interest in the trust. The presented by any proposals to affect the tax Federal tax may be subjected to an alter- separate trust would be treated as selling its treatment of expatriation, including an eval- native taxing method for 10 years after expa- assets for fair market value immediately be- uation of (1) the effectiveness and enforce- triation (sec. 877). Under this alternative fore the beneficiary relinquishes his citizen- ability of current law with respect to the tax method, the expatriate generally is taxed on ship, and distributing all resulting income treatment of expatriation, (2) the current his U.S. source income (net of certain deduc- and corpus to the beneficiary. level of expatriation for tax avoidance pur- tions), as well as on certain business profits, Under the amendment, a U.S. citizen who poses, (3) any restrictions imposed by any at rates applicable to U.S. citizens and resi- renounces his U.S. nationality before a diplo- constitutional requirement that Federal in- dents. matic or consular officer of the United come tax apply only to realized gains, (4) the The United States imposes its estate tax States would be treated as having relin- application of international human rights on the worldwide estates of persons who were quished his citizenship on the date, provided principles to the taxation of expatriation, (5) citizens or domiciliaries of the United States that the renunciation is later confirmed by the possible effects of any such proposals on at the time of death, and on certain property the issuance of a certificate of loss of nation- the free flow of capital into the United belonging to nondomiciliaries of the United ality (‘‘CLN’’) by the U.S. Department of States, (6) the impact of any such proposals States which is located in the United States State. A U.S. citizen who furnishes to the on existing tax treaties and future treaty ne- at the time of their death. The U.S. gift tax Department of State a signed statement of gotiations, (7) the operation of any such pro- is imposed on all gifts made by U.S. citizens voluntary relinquishment of U.S. nationality posals in the case of interests in trusts, (8) and domiciliaries, and on gifts of property confirming the performance of an expatriat- the problems of potential double taxation in made by nondomiciliaries where the prop- ing act would be treated as having relin- any such proposals, (9) the impact of any erty is located in the United States at the quished his citizenship on the date such such proposals on the trade policy objectives time of the gift. Special rules apply to the statement is so furnished, provided that the of the United States, (10) the administra- estate and gift tax treatment of individuals voluntary relinquishment is later confirmed bility of such proposals, and (11) possible who relinquished their U.S. citizenship with- by the issuance of a CLN. Any other U.S. cit- problems associated with existing law, in- in 10 years of death or gift, if the individual’s izen to whom the Department of State issues cluding estate and gift tax provisions. The loss of U.S. citizenship has as one of its prin- a CLN would be treated as having relin- results of such study are to be reported to cipal purposes a tax avoidance motive. quished his citizenship on the date the CLN the Chairman of the House Committee on is issued to the individual. A naturalized cit- Ways and Means and to the Chairman of the House Bill izen is treated as having relinquished his Senate Committee on Finance by June 1, No provision. citizenship on the date a court of the United 1995.

ESTIMATED REVENUE EFFECTS OF H.R. 831 AS AGREED TO BY HOUSE AND SENATE CONFEREES—FISCAL YEARS 1995–2005 [Millions of Dollars]

Provision Effective 1995 1996 1997 1998 1999 2000 1995–00 2001–05 1995–05

1. Extend self-employed health deduction: 25% for 1994 and 30% tyba Dec. 31, 1993 ...... ¥514 ¥482 ¥527 ¥587 ¥649 ¥708 ¥3,467 ¥4,520 ¥7,987 thereafter. 2. Repeal section 1071 (FCC tax certificate program with transition) Jan. 17, 1995 ...... 303 379 135 135 170 201 1,323 1,465 2,786 3. Modify section 1033 for corporations with transition rule for Feb. 6, 1995 ...... 5 9 23 33 47 67 184 505 689 microwave relocation previously entitled to section 1071 (non- recognition of gain on involuntary conversions not to apply to ac- quisitions from related persons). 4. Deny earned income tax credit to individuals with interest, divi- Jan. 1, 1996 ...... 22 436 487 521 556 2,023 3,515 5,538 dends, tax-exempt interest income, and net rental and royalty in- come over $2,350 (the threshold is not indexed for inflation) 1. 5. Extension of rule for certain group health plans ...... DoE ...... ¥42 ¥11 ...... ¥53 ...... ¥53 Net totals ...... ¥248 ¥83 67 68 89 116 10 965 975 1 Included in this estimate are decreases in EITC outlays of $18 million for FY 1996, $353 million for FY 1997, $397 million for FY 1998, $426 million for FY 1999, $449 million for FY 2000, $495 million for FY 2001, $529 million for FY 2002, $566 million for FY 2003, $605 million for FY 2004, and $647 million for FY 2005. Note.—Details may not add to totals due to rounding. Legend for ‘‘Effective’’ column: tyba=taxable years beginning after. DoE=date of enactment. Source: Joint Committee on Taxation. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3915 BILL ARCHER, Today we are going to vote on help- have already seen how the public is PHILIP CRANE, ing make historical change to the way looking to us to in fact come through WM. THOMAS, this institution works. with the promises from the Contract CHARLES B. RANGEL, We have the opportunity to give back Managers on the Part of the House. With America. BOB PACKWOOD, power to the people. We have already seen the adoption of BOB DOLE, We have the opportunity to end the the Shays act, the accountability law, BILL ROTH, era of the career politician. the balanced budget amendment, the JOHN H. CHAFEE, We might not achieve that goal line-item veto, the prohibition of un- CHUCK GRASSLEY, today, but this is the first vote ever on funded mandates, legal reform, and DANIEL PATRICK MOYNIHAN, term limits and it should be considered now we are here on term limits. It is MAX BAUCUS, a win for the people no matter what the responsibility for each Member of CAROL MOSELEY-BRAUN, happens. Managers on the Part of the Senate. the House to decide which bill best fits If we garner the 290 votes we need, f their district or their view of how the then we are going to send this bill over United States should look at term lim- TERM LIMITS CONSTITUTIONAL to the Senate with an incredible its. But in any event, term limits is AMENDMENT amount of momentum. If we fall short, certainly what the people in great vast we have still made a huge down pay- The SPEAKER pro tempore (Mr. numbers want across the United ment on the concept of term limits. BARRETT of Nebraska). Pursuant to States. I say this sadly, but I believe that House Resolution 116 and rule XXIII, It is our job tonight to vote in favor those that vote against term limits the Chair declares the House in the of those legislative items. may have themselves in peril the next Committee of the Whole House on the Mr. CANADY of Florida. Mr. Chair- time they stand for reelection. Their State of the Union for the further con- man, I yield 21⁄2 minutes to the gen- constituents may decide not to send sideration of the joint resolution, tleman from Wisconsin [Mr. ROTH]. House Joint Resolution 73. them back. I say this with sadness be- Mr. ROTH. I thank my friend the cause I have nothing but respect for gentleman for yielding me the time. b 1453 the folks, men and women, who have Mr. Chairman, I am going to be vot- labored here for many years in service IN THE COMMITTEE OF THE WHOLE ing for term limits today, but that does to their country. But with all due re- Accordingly the House resolved itself not mean I am in favor of term limits. spect, I firmly believe that none of us into the Committee of the Whole House The reason I am voting for term limits are irreplaceable and as proud as I am on the State of the Union for the fur- is because we have a Contract With of our freshman class, none of us need ther consideration of the joint resolu- America and I signed the contract. I do to be here for the next 20 or 30 years. tion (H.J. Res. 73) proposing an amend- not want to renege on my word. Let’s support the wishes of the citi- ment to the Constitution of the United Last November 8, the American peo- zens of this country by passing term States with respect to the number of ple voted and we had wholesale change limits today. Regardless of what terms of office of Members of the Sen- in the House of Representatives. If I emerges from the Committee of the ate and the House of Representatives, have to go in for open heart surgery, I Whole, let’s support term limits on with Mr. KLUG in the chair. don’t want a man or woman just out of The Clerk read the title of the joint final passage. medical school, I want someone who resolution. Mr. CANADY of Florida. Mr. Chair- has been there for awhile and knows The CHAIRMAN. When the Commit- man, I yield 2 minutes to the gen- what they are doing. But I did sign the tee of the Whole rose earlier today, the tleman from Pennsylvania [Mr. FOX]. Contract With America last Septem- following time remained in general de- (Mr. FOX of Pennsylvania asked and ber, and I told the people that I would bate: was given permission to revise and ex- The gentleman from Michigan [Mr. tend his remarks.) vote for term limits, and that is why I feel honor bound and duty bound to CONYERS] had 91⁄2 minutes, the gen- Mr. FOX of Pennsylvania. Mr. Chair- vote for term limits. tleman from Connecticut [Mr. SHAYS] man, term limits is an idea whose time I did survey the people of my district. also had 91⁄2 minutes, and the gen- has arrived. The people of the United tleman from Florida [Mr. CANADY] had States have said in record numbers, In fact, I asked all the questions, all 10, 28 minutes remaining. over 80 percent, that they want term on the Contract With America. It Mr. CANADY of Florida. Mr. Chair- limits. It may be the most popular might be interesting that on term lim- man, I yield 2 minutes to the gen- item that we have in the Contract With its, we had some 15,534 people respond, tleman from Tennessee [Mr. HILLEARY]. America. If we vote today for any of 5,929 for, 9,605 against. So 61 percent of (Mr. HILLEARY asked and was given these various proposals, such as the 6- the people were against term limits. permission to revise and extend his re- year Inglis bill, the 12-year McCollum b marks.) bill or the Hilleary States rights legis- 1500 Mr. HILLEARY. Mr. Chairman, I rise lation, we will set in motion a chance Basically what I asked was whether in strong support of term limits today. for the people to decide. they want a 6-year term or 12-year Members of the House will have the The first step is the passage here in term, or neither. People should be able opportunity to vote on several versions the U.S. House. The second step would to vote whomever they want in the bal- of term limits. We all have our dif- be the passage in the U.S. Senate. The lot box and 61 percent of the people did ferences as to the one which we prefer. third step would be 38 States to adopt. pick the third one. But in the end, Members will have a California has already shown us that In 1787 after our forefathers crafted a chance to stand up and have their voice with issue and referendum, how fair it constitution at the Convention, it was counted, for the first time ever, either is to involve each of the citizens in the not ratified immediately, it went to for or against term limits. direct process of deciding the issues the States and there was a debate. And This will be an historic opportunity that affect their lives. This legislation I feel that is what we are going to be for this country to return to the citizen before us will again give power to the doing with this amendment. We are legislature envisioned by the Founding people to decide just how long the going to be sending it to the States and Fathers. terms in office should be. let us have a debate, a national debate, I am proud to be a part of this ener- With term limits, we bring to the and that probably it can lead to a na- getic class of freshman Members and I Congress an infusion of new ideas, new tional catharsis. We can debate this am proud of the bill we have crafted. enthusiasm, and a fresh perspective. By issue and allow the people to have an Over the past several weeks we have passing term limits, more people will ultimate say and that is why I think helped pass legislation to make his- have the chance to personally contrib- this particular amendment is impor- toric change in the way the rest of the ute their individual talent, their ener- tant. I think the people should have a Government works. gies to the representative process. We say throughout the land. H 3916 CONGRESSIONAL RECORD — HOUSE March 29, 1995 So, for that reason I think it is im- its want to see the effects of the frightening is the prospect that lobbyists will in portant that we pass it. But I do feel amendment as soon as possible. many cases exercise disproportionate powers that term limits should be extended to I expect to see all of the proponents over legislators with limited terms. Some the bureaucracy too. Otherwise the bu- of term limits leap at the opportunity Members may be quite willing to ignore their reaucracy is going to be much stronger to vote for the Peterson-Dingell sub- voting constituency if they know that their or the Supreme Court. stitute, because that makes it real. It terms are up regardless of how meritoriously Mr. FRANK of Massachusetts. Mr. makes it take place now, not in some they serve. For such Members, the lure of the Chairman, will the gentleman yield? 19 years. lobbyist will be great, and the voice of the Mr. ROTH. I am happy to yield to the So I expect to see a lot of people vot- voter will grow even fainter. gentleman from Massachusetts. ing for that who do not plan on it be- But term limits circumscribe democracy in Mr. FRANK of Massachusetts. Mr. cause otherwise you are going to be—I an even more insidious way. They allow to- Chairman, I appreciate the gentleman’s am not going to use the term or I may day's dissatisfied voters to dictate to future intellectual honesty, but my under- get my words taken down—maybe not voters in all districts for whom they can and standing of the contract was the con- being totally candid with the voters cannot vote. Under current law, voters dissat- tract simply called for this to be who sent you here. isfied with a Member's performance can vote brought to the floor. I would just suggest that those of us that Member out. Those who are satisfied can Mr. ROTH. I take back the balance of who oppose them, I do not think a lot vote to retain their Member. Under a term-lim- my time because I have only 30 sec- of us Members believe very strongly its amendment, satisfied voters will be re- that what needs to happen is our vot- onds. That might be true, but I feel I stricted from reelecting their Member as a re- ing constituency does not know what it signed the contract. I am talking for sult of the current discontent of voters in some is doing. A lot of us think they do. We myself, I am not talking for others. I other districts. Right now, every voter has the know that their terms are up. Of did sign the contract and I feel that I power to limit terms with the passing of each course, after they are passed, only we am honor bound to vote for term lim- election cycle. The term-limits amendment know that the people who know their its. But my heart is not in it because I terms are up, regardless of how meri- places new and unnecessary restrictions upon do not think it is the right thing. But toriously they serve, will hear the this tremendous power. If you truly believe I do say let us send it to the States, let voice of the lobbyists growing greater that this is the way democracy works, you the American people debate it and then in their ears, while the voices of the should let it start working now and support the we can still have a round with it. voters will become faint. Dingell substitute. I thank the gentleman from Con- I urge Members to vote against term It is strange that congressional experience necticut for yielding me the time. limits as a quick fix for what is wrong is automatically equated with being out of Mr. FRANK of Massachusetts. Mr. in America. touch. Clearly, the Members of the Republican Chairman, I yield 2 minutes to the gen- I rise today against all term-limit constitu- leadership seem to believe that they are still in tleman from Texas [Mr. COLEMAN]. tional amendments including the Peterson/Din- touch with the voters in spite of the fact that (Mr. COLEMAN asked and was given gell substitute. While the substitute takes the their terms far exceed 12 years. Hence the permission to revise and extend his re- important step of making term limits retro- notorious Contract With America. Why should marks.) active, and it injects a vital dose of reality into they be allowed to assume that they are Mr. COLEMAN. Mr. Chairman, I this week's term-limits debate, it still limits the unique? If they truly believe that lengthy terms thank the gentleman for yielding me prerogative of the American people. We have put Members out of touch, then let them sup- this time. all been talking about the effects of term limits port this substitute. If they do not believe it, Mr. Chairman, we were lectured a lit- on American democracy as if we are dealing then they should oppose a term-limits amend- tle while ago by the gentleman from with an abstract, academic concept. An in ment altogether as I am doing. Michigan who told us about when he truth, under the terms of House Joint Resolu- There are those who argue that the support- was a businessman, and we do not tion 73 and the other substitutes before us, we ers of the Peterson-Dingell substitute are know what we are doing when we are have indeed shaped the notion of term limits those who oppose term limits, and therefore inside the beltway, and I guess that into a policy prescription that has no bearing are backing a substitute that will not pass. may be right about some folks. on reality, because it will not touch any of us. This is simply not true. After all, if any Member But what is interesting to me is that The resolution at hand will have a 7-year al- is a genuine supporter of the principles of term he has indeed been a part of House Res- lotment for ratification. After that period, the limits, he or she will leap at the opportunity to olution 73, and the other substitutes 12-year clock will start ticking. This means that impose them as quickly as possible. Those before us, and we have a policy pre- the term-limits amendment will not affect a sin- Members who do not have the conviction to scription that has no bearing in any of gle Member of this body for 19 years. Even vote for this substitute are merely those substitutes, any of them, not a freshmen Members are assured long terms as masquerading as term-limits supporters. one in reality other than the Peterson- career politicians before the amendment takes Those of us who have opposed term limits in Dingell substitute. And the reason it effect. the past support this substitute because we has no bearing on reality is because it I do not believe this is what the voters have believe that we should all face the con- does not touch any one of us. Shame on in mind when they urge some in Congress to sequences of our vote. If we are willing to im- all of you for telling the American peo- support term limits. I believe that voters who pose the restrictions of term limits on future ple, ‘‘Oh, this is term limits; it is going support term limits want to see the effects of Representatives and Senators, we should to affect us.’’ It is not going to do any this amendment as soon as possible. If they show our willingness to face these problems such thing. cannot support retroactive term limits because ourselves. If term limits prove to be a poor The gentleman from North Carolina they are fearful of the possible effects on their policy alternative, those who support it should pointed out that it would take a num- Representatives and Senators, then perhaps be willing to deal with the consequences. If ber of years to pass a constitutional they will focus upon the true repercussions of they are effective, then we should all reap the amendment. You are going to start by a term-limits amendment. The same applies to benefits as soon as possible. giving yourself a 12-year term, are you all of us. If we cannot support the outcome of The Peterson-Dingell substitute is important not? Is that not what the resolution a term-limits amendment that impacts upon us because it exposes the real views of term-limit says? Is that not what you put in the directly, then we have no right to impose simi- supporters surrounding this debate. Anyone contract? Plus 7 years probably to get lar restrictions upon future generations. who votes against this substitute is voting to it enacted by the States makes it 19 What will those effects be? Term limits will maintain the current system for another 19 years. Even freshman Members who are certainly decrease the power of the Congress. years. No such Member can be considered a assured of long terms as career politi- They will ensure that experienced Members real supporter of term limits. Anyone who ran cians know it is going to take that cannot serve within the legislative branch. on a promise of enacting term limitsÐand this long before it takes effect. Unelected congressional staff members will encompasses almost the entire Republican I do not think that is what the voters thrive in an environment where they are more side of the aisleÐmust vote in favor of the Pe- had in mind when they urged some in seasoned and more powerful than elected offi- terson-Dingell substitute. A vote against this Congress to support term limits. I be- cials. Consequently, voters' input into the pol- substitute is effectively a vote against term lieve the voters who support term lim- icymaking process will decline. Even more limits. And if term limits aren't good enough for March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3917 you, why should you have the right to impose Members of this body, Republican or the Capitol and it is a quote by Alexan- these restrictions upon future representatives? Democrat, so you know what it is like der Hamilton, and it says: ‘‘Here, sir, Mr. CANADY of Florida. Mr. Chair- to live in America, not just Washing- the people govern,’’ the people govern man, I yield 2 minutes to the gen- ton, DC. this great Nation, and let us not take tleman from Oklahoma [Mr. ISTOOK]. And the fourth thing, I ran on term the power of the ballot box away from Mr. ISTOOK. Mr. Chairman, I thank limits to make sure you come up here the people of this country. the gentleman for yielding me this with a different motivation and your Mr. CANADY of Florida. Mr. Chair- time. whole purpose of being here is not to man, I yield 3 minutes to the gen- Mr. Chairman, I rise in support of en- get reelected and see how far you can tleman from Nebraska [Mr. BARRETT]. acting uniform national term limits on go. (Mr. BARRETT of Nebraska asked all Members of Congress, the House and I support the Peterson-Dingell legis- and was given permission to revise and the Senate. This country was founded lation for 12 years. I have been here al- extend his remarks.) by those who set aside, for so long as most 100 days and I find myself want- Mr. BARRETT of Nebraska. Mr. was necessary, their individual busi- ing to go vote for the 6-year version. I Chairman, I thank the gentleman for nesses and pursuits, but never intend- am going to vote for the Frank amend- yielding me this time. ing to become a professional political ment. I may not believe in it, but I do Mr. Chairman, I rise in support of class. They brought with them the va- if it takes retroactive term limits to limiting service in both the House and riety of strengths, background, and in- get this place cleaned up. I am going to Senate to 12 years. sights which can only be gained from vote for it. I am going to vote for all I am proud that House Republicans interaction with fellow citizens on a four versions. have fulfilled yet another promise in normal, everyday basis. If we want to change America we the Contract With America, by bring- Since then our country has grown need to send people up here with a dif- ing—and I stress bringing—before the large and Government has grown even ferent motivation for serving and it is American public a fair debate about larger. It has created a system whereby not going to happen until we have term limiting congressional terms. too many people in politics know no limits on this body. Our contract did not guarantee pas- other way to make a living. And too I think I know why 80 percent of the sage of every item. Whether term lim- often they are isolated and unfamiliar American public wants term limits. I its pass tomorrow or not, this debate is with normal and everyday life. do not believe 80 percent of the people a tribute to the Republican leadership, This is not healthy for America. It is in here really understand that. including Mr. MCCOLLUM, and it is a especially fascinating to read studies Mr. FRANK of Massachusetts. Mr. check mark in the success column. I which show the longer somebody serves Chairman, I yield 2 minutes to the gen- hope the media gets that straight. in Congress, the more they tend to vote tleman from Indiana [Mr. ROEMER]. I am of the opinion that, as provided for big government, and bigger taxes, (Mr. ROEMER asked and was given by our Founding Fathers, Members of and to oppose cutting spending and permission to revise and extend his re- Congress already serve limited terms— cutting the size of government. The marks.) 2 years in the House and 6 in the Sen- system has become a narcotic for too Mr. ROEMER. Mr. Chairman, I thank ate—and that they can be dismissed by many people. the gentleman for yielding me the the voters at the end of those terms. Many States, including my own, have time. The 104th Congress is evidence of voted to limit the terms of their own Mr. Chairman, Thomas Jefferson said those existing limits; 52 percent of the Congressmen and Senators. They did so that the price of democracy is eternal House is serving only their third term with the hope and expectation that vigilance, and what he meant by that I or less. this would create momentum to adopt think is there is a price for democracy. But the voters are not happy with term limits on a national level, to There is a price sometimes of people this result, and in response, we are treat all States equally. Now we have going to war and not coming back. here debating further limiting congres- the chance to adopt those term limits. There is a price of people going out and sional service. Although many may think it of registering voters, and there is a price Understandably, voters are frus- themselves, nobody in this Congress is of being eternally vigilant. That means trated and dissatisfied with the per- indispensable. We have term limits on keeping up to date on where your Rep- formance of Congress—legislative Presidents, on Governors, on State leg- resentatives and your Senators and gridlock, scandals of recent years, and islators, even on city council members your mayors stand on issues, and when the size and cost of Government are and others elected to public office. you agree with those people that you sample reason to earn the voters dis- Congress needs to listen to the people go and you work and you vote for dain. and adopt uniform national term lim- them. And when you disagree with We have also done our part to foster its. those people, you get off your couch their contempt by our increasing tend- I urge support and final passage of and out of your living room and you go ency to legislate for the sound bite. the measure. to vote for change. Nebraska is one of the 22 States that Mr. CANADY of Florida. Mr. Chair- In the last three elections we have have voted to impose term limits on its man, I yield 2 minutes to the gen- seen monumental change sweep across congressional delegation. The issue was tleman from South Carolina [Mr. GRA- this country, 50 percent of the Mem- on the ballot in both 1992 and 1994, and HAM]. bers elected since my class in 1990 are my constituents knew both times that, Mr. GRAHAM. Mr. Chairman, I thank now new; 50 percent of the U.S. Con- while I would support certain term lim- the gentleman for yielding me this gress has turned over since 1990. its, I opposed the Nebraska ballot ini- time. There is a study done by Dr. Robert tiatives. My votes today and tomorrow During the campaign I ran on four re- Putnam of Harvard and he called it will be fully consistent with that posi- form issues. I am the first Republican ‘‘Bowling Alone.’’ He said recently tion. to get elected in 120 years in my dis- while bowling membership is up in the I can realistically look at this point trict, and there are four things I talked United States, people are bowling by in my life, and service in the House, about. themselves, Lions Club membership is and say that should additional term I want a balanced budget amendment down, voting is down, Little League is limits be imposed, they’ll not have an so no party can spend beyond their lim- down. impact on me. So it’s with no self-in- its. I do not trust Democrats or Repub- We do not want him doing a study in terest or self-preservation in mind that licans enough to come up here and 20 years saying nobody is voting. We I say that there are serious drawbacks spend responsibly. I want a line item want people to get out there and vote to term limits. veto to be able to strike out pork bar- and not fix our country’s problems by But I will vote to respect the will of rel projects from what we do here and gimmicks and bumper stockers and the American people, who have given make sure we do not spend each month quick fixes. strong indication, that additional term getting reelected. I ran on the concept I proudly have hung a picture in my limits is their desire. I will also exer- every law in America should apply to congressional office. It is a picture of cise my personal judgment for the H 3918 CONGRESSIONAL RECORD — HOUSE March 29, 1995 country, however, that anything less middle of my career I am not sure Member, your Congressman from your than 12 years is unrealistic, and the when that person will get out. district?’’ then that drops rather dras- same limits must be imposed on both It is a good idea. Let us support it. tically. And proponents of term limits House Members and Senators from all Its time has come. do not find it very pleasant telling fel- 50 States. Mr. SHAYS. Mr. Chairman, I yield 6 low members they are part of the prob- I urge my colleagues to join me in minutes to the gentleman from Kansas lem, and it is time for them to say voting for the McCollum 12-year limit. [Mr. ROBERTS], the distinguished chair- ‘‘adios.’’ As a matter of fact, most of Mr. CANADY of Florida. Mr. Chair- man of the Committee on Agriculture, the term-limit proponents slide up to man, I yield 1 minute to the gentleman who is represented by two Senators you and say, ‘‘Don’t worry, we are not from Maryland [Mr. BARTLETT]. who, if this resolution were to pass and talking about you. It won’t affect (Mr. BARTLETT of Maryland asked would be in full operation, would not you.’’ And therein lies the truth of the and was given permission to revise and be allowed to serve, Mr. DOLE and Mrs. matter. extend his remarks.) KASSEBAUM. I know there are proponents who be- Mr. BARTLETT of Maryland. Mr. (Mr. ROBERTS asked and was given lieve a revolving-door Congress and Chairman, I thank the gentleman for permission to revise and extend his re- change for the sake of change would re- yielding time to me. marks.) store a citizen legislature, but you do Mr. Chairman, I just want to make Mr. ROBERTS. I thank the gen- not get too far in the debate before it just one simple point. Some 80 percent tleman for yielding. becomes obvious regarding the politics of all of our constituents favor term Mr. Chairman, I rise in opposition to of this purge. It is the other guy that is limits. This is nonpartisan. It goes term limits. I think with an issue as the problem, not me, and not thee. across party line, age, sex, and color; important as this, one Member’s warn- But if it is off with the public-service broad support for term limits. We need ing flag in regards to the law of unin- heads, whose heads are we talking to respect the wishes of our constitu- tended consequences is another’s ban- about? Who in this Congress has been ents, and vote today for term limits ner of reform. here too long? Using the automatic and send this to the States. There the I know that each Member’s convic- term limit theory, it appears as if we dialogue will continue in the State leg- tion is such that everybody becomes an are talking about most of the Repub- islatures. author of the best approach. I do appre- lican and Democrat leadership, the ciate that. gentleman from Georgia [Mr. GING- b 1515 I associate myself with the eloquent RICH], the gentleman from Texas [Mr. There will be ample opportunity to and persuasive remarks of the gen- DELAY], the gentleman from Missouri debate, and ultimately the will of an tleman from Illinois [Mr. HYDE]. I am [Mr. GEPHARDT], the gentleman from even more enlightened electorate will for the term limit, as has been said Michigan [Mr. BONIOR]. Let’s wipe out prevail. that was put in by the Founding Fa- the leadership. That is the ticket. Or is Term limits is not a new idea. We thers, a 2-year limit. It is called an it? My word, that is almost insurrec- have term limits for our Presidents. election. If you utilize your constitu- tion. So it must be somebody else that For those who are so vociferously op- tional voting rights, the voters can, is at the root of this problem. I took posing these term limits, they ought to has, will, continue to throw the rascals the liberty of just going down the be equally adamant in looking for an- out—if they so choose. State delegations. Let us see, there is other constitutional amendment to re- What term limits basically say is the gentleman from Alabama [Mr. BE- move term limits for the President. that for the sake of change the voters VILL], he has been there for 30 years, a They are not doing that. should be denied the right to keep their most respected Member. He cannot be We need to respect the will of these elected Representative—if they so part of the problem. Is it the gen- 80 percent of all of our constituents, choose. tleman from Arizona [Mr. STUMP], 24 and today vote to send this to the I am going to skip past all the pros years? I do not think it is BOB. The State legislatures where the dialog can and cons that have been highly fea- gentleman from California [Mr. DEL- continue. tured in this debate and get to the LUMS] and the gentleman from Califor- Mr. CANADY of Florida. Mr. Chair- basic point. The basic point is this: If nia [Mr. LEWIS]? I do not think so. My man, I yield 1 minute to the gentleman this House of Representatives is in cri- friend from Colorado, Mr. SCHAEFER? I from New York [Mr. HOUGHTON]. sis to the extent that we deny the vot- am not trying to single anybody out. Mr. HOUGHTON. Mr. Chairman, ers the right to reelect their represent- The voters can. But term limits can- there is not much time. I want to get atives after six terms, then it follows not. to the point. the people responsible for this sorry It must be the gentleman from Flor- And the point is that I believe in the state of affairs must be those Members ida [Mr. MCCOLLUM], that is who it is, concept of term limits, and I believe in who have served here over six terms. 4 years over this term limit at 16 years. the McCollum amendment. And, as Butch Cassidy and the He is the author of one of the propos- Let me tell you why. I understand Sundance Kid said, ‘‘Who are these als. But BILL was unopposed in the last the arguments of brilliant orators like guys?’’ election. His voters just apparently did the gentleman from Illinois [Mr. HYDE] Well, for one thing, after the briars not get it. The gentlewoman from Ha- and others who feel very strongly and brambles of past scandals and re- waii [Mrs. MINK], the gentleman from about this issue. I understand there sulting reform and the vote for change Illinois [Mr. HYDE], the gentlewoman will be an overreliance on staff. People in the last election, there are not near from Illinois [Mrs. COLLINS], the gen- will not be able to understand the as many as there were before. Over half tleman from Illinois [Mr. PORTER], the trends and how to get around here. of the Congress is new since 1990. gentleman from Indiana [Mr. BURTON], There will be an absence of understand- If you want to limit terms to 12 the gentleman from Kentucky [Mr. ing of the silent language that takes years, you better think about it. The ROGERS], the gentleman from Louisi- place in every profession. average term of service is now 10. Less ana [Mr. LIVINGSTON], the gentleman Let me tell you something, that I than one-third of the House has served from Massachusetts [Mr. FRANK], the come from an area of business, and the more than six terms. What we have gentleman from Massachusetts [Mr. CEO’s of companies do not stay very here is a mandate for term limits, but MOAKLEY], the gentleman from Mis- long. College presidents do not stay not for current Members. We have a sissippi [Mr. MONTGOMERY]. There is a very long. There is a concept now, be- terminal illness that is abound and good one, ‘‘SONNY’’ MONTGOMERY, one cause of the pressure of things, they rampant in the House, but we are going of the most respected Members of the must turn over and change and give it to wait 12 years before we take the House. The gentleman from Missouri to new and different people. Further- medicine. [Mr. EMERSON], the gentlewoman from more, if I as a businessman or I as a Why? I think the answer is pretty New Jersey [Mrs. ROUKEMA], the gen- doctor or a farmer or a college profes- simple. General support for term limits tleman from New York [Mr. SCHUMER], sor or whatever want to get in, I must is strong. It has been mentioned, 70, 80 the gentleman from New York [Mr. be able to plan, because right in the percent. But if you say, ‘‘Oh, it is your RANGEL], the gentleman from Ohio [Mr. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3919

OXLEY], the gentleman from Ohio [Mr. Our Founding Fathers never envi- Mr. CANADY. of Florida. Mr. Chair- REGULA], the gentleman from Oregon sioned a Congress made up of Members man, I yield 11⁄2 minutes to the gen- [Mr. WYDEN], the gentleman from who would serve for a lifetime. They tleman from Maine [Mr. LONGLEY]. Pennsylvania [Mr. FOGLIETTA], the gen- would be astonished to know that the Mr. LONGLEY. Mr. Chairman, I tleman from Pennsylvania [Mr. SHU- leadership in the previous Congress had think what we are talking about is giv- STER], the gentleman from Pennsylva- an average of 27 years in this House. ing the American public the oppor- nia [Mr. GEKAS], the gentleman from Over the past 10 years, 90 percent of in- tunity to see some form of reasonable Pennsylvania [Mr. GOODLING], the gen- cumbents have been reelected. They term limitation, and I think that is tleman from South Carolina [Mr. saw a Congress where individuals fully in respect to the Constitution. In SPENCE], the gentleman from South would leave their careers for a time, fact, I think we need to go back to not Carolina who wants term limits. Tell serve, and then return to live under the only the Constitution but the Declara- FLOYD he is out and you are in. The laws they passed. tion of Independence. gentleman from Tennessee [Mr. QUIL- I support term limits not only be- And Mr. Jefferson made in that dec- LEN]; who is going to tell us when to cause the people of my district and my laration the comment all men are cre- vote if we term limit JIMMY QUILLEN? State do, but because we have the op- ated equal, but that to secure these The gentleman from Texas [Mr. AR- portunity to again make our Congress rights, governments are instituted CHER], the gentleman from Texas [Mr. a citizen’s legislature. among men deriving their just powers FIELDS], the gentleman from Virginia Throughout these first 100 days, we from the consent of the governed. [Mr. BATEMAN], the gentleman from have worked some long hours to keep I think we have confused what was Virginia [Mr. BLILEY], the gentleman our promises. This is one of them. intended by the Founding Fathers of from Virginia [Mr. WOLF], the gen- Many Members have spoke of their sup- this country. Our President over the tleman from West Virginia [Mr. MOL- port of term limits, well when it is weekend made the comment in his LOHAN], the gentleman from Wisconsin time to vote. I urge my fellow members radio address that ‘‘Government is our [Mr. PETRI], PAT ROBERTS, PAT ROB- to vote ‘‘yes’’ on the McCollum amend- partner, that Government empowers us.’’ And I think that is the great fal- ERTS? Now, quiet, no applause. All ment. shapes and sizes and different stripes in Mr. FRANK of Massachusetts. Mr. lacy that has led to the difficulties regards to their politics. Chairman, I yield 2 minutes to the gen- that we are facing today as a Nation, that we allowed Government to become But you know something, all of these tleman from Tennessee [Mr. TANNER]. Members received over 70 percent of (Mr. TANNER asked and was given the preeminent institution in deroga- the vote, or they were unopposed. permission to revise and extend his re- tion of the rights and responsibilities of individuals, families, churches, Could these elected Representatives ac- marks.) schools, charities, every other institu- tually be doing a good job for their Mr. TANNER. Mr. Chairman, may I tion of private society that has made constituents and, depending on your just simply say something very, I hope, this country great. point of view, for their country? Did profound, but very simple. No matter There is the real foundation of our Senators Everett Dirksen, Hubert what you call it, an attempt to dimin- strength is the power of the individuals Humphrey, or do SAM NUNN and BOB ish the right of an American citizen’s and the aspects of our community, not DOLE, did Congressman Bob Michel and access, unrestricted access, to the bal- just the Federal Government. Bill Natcher, our beloved Bill Natcher? lot box in a free country is wrong. It is My State has spoken. My State has Every once in a while in a democracy not only wrong, it is dangerous. passed in referendum overwhelmingly a there comes a time when we succumb These people are asking us to vote 6-year limitation on the service of to populist sentiment, and the emotion today to take away from an American Members or citizens in this Congress. I of the moment. We usually call it re- citizen whom through the years people respect that vote. form, and then we experience the law have fought and died to protect, de- I think they have a right to see the of unintended effects and spend the fend, and honor, take away your right same vote brought to other States next several years trying to reform the as an American citizen to vote for across the country, and I think that we reform. whomever you wish, whenever you need to give them that opportunity. This is different. This is different. wish, for as long as you wish. It is that Mr. CANADY of Florida. Mr. Chair- This amends the Constitution. We do simple. You can call it anything you man, I yield 2 minutes to the gen- not need to go down this path in order want to. But it is a diminishment of an tleman from Florida [Mr. MICA]. to achieve reform and a House respon- American citizen’s right of unre- (Mr. MICA asked and was given per- sive to the people. stricted access to the ballot box. mission to revise and extend his re- It is a paradox of enormous irony The people on this floor are totally marks.) that in order to make the Congress irrelevant to this question. They are Mr. MICA. Mr. Chairman and my col- more responsive to the people, we are all, everyone you see, all on this floor leagues, under the Articles of Confed- recommending a limit on their voting today, tomorrow, or the next day are eration, there were term limits. If we rights. all going to die, get beat, leave, or oth- look back in history when the Con- The gentleman from Illinois [Mr. erwise retire or quit. They are not even stitutional Convention met in Phila- HYDE] is right. HENRY HYDE is right. a part of the question. delphia in 1787, they did not consider Trust the people. The question today is: Are we going any term limits. In fact, they wanted Mr. CANADY of Florida. Mr. Chair- to, for the first time in this country’s to preserve the experience and knowl- man, I yield 2 minutes to the gen- history, put a restriction on our citi- edge of Members who had provided tleman from Michigan [Mr. CAMP]. zens’ right of unfettered access to the prior service. (Mr. CAMP asked and was given per- ballot box? This book which I recommend to mission to revise and extend his re- The only other place I know in recent each and every one of you is entitled marks.) times that has been done was in the ‘‘The Miracle at Philadelphia.’’ It Mr. CAMP. Mr. Chairman, for the Soviet Union where only one party ap- chronicles the proceedings of the Con- first time in history, the House of Rep- peared on the ballot box. stitutional Convention, and it is really resentatives will debate and vote on a I want to ask the conservative con- one of my favorite books, and again I constitutional amendment to limit the stitutional scholars to speak up before recommend it for reading by every amount of time a Representative or we do something to the American peo- Member of Congress and every citizen. Senator can serve. It is about time. ple that is absolutely almost an out- In 1787 the Founding Fathers set 2- I support the McCollum amendment rage, to say the Government is going year terms for House Members. How- that provides a 12-year limit for both to tell you who you can vote for. That ever, 1787 is not 1995. Houses, ensuring consistency and is what this is. b equality between this House and the This is an attempt to muzzle the will 1530 Senate. It promotes a level playing of the American people, and it ought to Justice Oliver Wendell Holmes, when field for all States. be stopped today. reflecting upon the Constitution, said, H 3920 CONGRESSIONAL RECORD — HOUSE March 29, 1995 ‘‘The Constitution is an experiment, Third, the reason I oppose term lim- fication higher then anybody in the life is an experiment,’’ he said. its, I heard some of my colleagues say district.’’ They say, ‘‘We want to get We have had an opportunity for the that State legislators have term limits. rid of you.’’ That is what they are tell- past 200 years to reflect on this experi- Serving in the Congress of the United ing us in these term limits. ment provided by our Constitution. States is different. We not only deal I also point out, what about the argu- In 1787 they came, they served, and with the domestic issues, we have to ment about the careerists, the argu- they left. Today we have PACs, unlim- deal in the international scene. We ment of Mr. HYDE? I point out that we ited campaign spending, and media ex- have to understand the politics of the are not here looking for a brain sur- penditures that distort the entire proc- U.S. and foreign relationships involved geon. If I were looking for a brain sur- ess. I do not support 6-year term limits in decisions that we make. We will geon, I would agree, I would go to the or 8-year term limits—they leave the have our rookie legislators competing most experienced guy or go to the most bureaucrats & lobbyists in charge. Be- against sophisticated legislators in experienced lady. But I must say, that cause of that I believe the experiment other countries, putting our country at is not what we are looking for. We are and the experience we have says that 12 a disadvantage. This is no time for looking for somebody to represent us years can do it best. We have a dif- drive-by legislators. It is time to re- here. ferent situation, we have experience spect experience, it is time to oppose I would submit to you that experi- and experiment to draw upon, and it is term limits, and I urge my colleagues ence runs exactly contrary to represen- now our duty and responsibility to to oppose all the constitutional term tation. Experience here means experi- enact that provision into this docu- limits amendments. ence at the PAC game, getting PAC ment and into the laws of our land. Mr. CANADY of Florida. Mr. Chair- money, more and more and more. So, man, I yield 5 minutes to the gen- I support the 12-year terms in Mr. more and more seniority so you can do tleman from South Carolina [Mr. MCCOLLUM’s amendment and ask my the deals; more and more experience in INGLIS]. colleagues to do the same. this body removes you from the people Mr. INGLIS of South Carolina. I Mr. FRANK of Massachusetts. Mr. out there. They want you to go home. thank the gentleman for yielding this Chairman, I yield 2 minutes to the gen- They want you to run for something time to me. tlewoman from California [Ms. PELOSI]. Mr. Chairman, one of the arguments else if you choose, but submit your- Apparently, alligators are not subject made here today is it takes experience selves to that risk. to term limits, or we would have heard and a while to get used to this House. Do not stay here in an insulated situ- about that. It should be pointed out that the gen- ation where you can time and again re- Ms. PELOSI. I thank the gentleman tleman who just yielded me time is a turn to this place and, contrary to for yielding this time to me. sophomore, as I am, and he is already what the gentleman from Illinois said Mr. Chairman, I rise in opposition to a subcommittee chairman, doing an ex- about his challenger being at home sip- the constitutional amendments before cellent job as chairman of the Sub- ping brandy,I must say to you I ran us which would limit the congressional committee on the Constitution. There against an incumbent in 1992. And terms of Members of Congress. I have goes the argument for experience. while she was sitting home, I was down three major objections to the constitu- Let me make this point: Here is the at the office doing billable hours be- tional term limits. observation that was made time and tween 12 a.m. and 3 and 4 a.m. To make First of all, as a woman, I take issue again here today by those who defend up the billable hours because I did not with term limits because they rep- the current order. They say to us that have the luxury that we have here of resent an obstacle to the contribution this experience is what we need. We running so hard. that women can make to our country. need people of experience here. And let us be honest, that is what we Look around this capitol, and you will What I do not think the incumbents do; we run full-time. see in Statuary Hall the distinguished here are getting yet is that the Amer- We have a job that enables us to go American men who have served here in ican People say, ‘‘Experience at what? to butchershop openings, as the chair- this body and in the Senate. For over Experience at what? Balancing the man says, and to that meeting where 200 years men in Congress have had the budgets?’’ We are $4.7 trillion in debt. we can speak to hundreds of people. A opportunity to develop standing and to The gentleman who came earlier challenger does not have that. A chal- become internationally recognized with a long list of longtime incum- lenger has to make a living while run- leaders on the great issues of the day. bents, I ask, where were they when we ning for Congress against an en- To limit congressional terms just as ran up a debt of $4.7 trillion? Experi- trenched incumbent with all his advan- the number of women who are serving ence at what? Balancing budgets? tages. in Congress is increasing denies the Maybe experience at running a sav- Congress and the American people the ings-and-loan system that, because of ANNOUNCEMENT BY THE CHAIRMAN benefit of the wisdom and experience of the decision made in this body, created The CHAIRMAN. The Chair would re- America’s women. I do not think that a savings-and-loan disaster. Now, not mind our guests today who are with us is an intentional move on the part of the scapegoats, let us be honest, not in the Chamber that the rules of the the proponents of term limits, but it is the scapegoats; the people who de- House forbid any public demonstra- an unintended consequence. Just as frauded the savings-and-loans, not tions from the gallery. more women are coming into power, those folks. The decision here to in- The gentleman from Florida [Mr. term limit advocates are saying, ‘‘Not crease the insured limit from $40,000 to CANADY] has 4 minutes remaining, the so fast. We have changed the rules. You $100,000. gentleman from Connecticut [Mr. will not have the same opportunity as Experience at what? Running a good SHAYS] has 31⁄2 minutes remaining, and men to make your contributions to business? I would say, rather than the gentleman from Massachusetts America.’’ those kind of experienced people, what [Mr. FRANK] has a 11⁄2 minutes remain- Second, I oppose term limits because we need is an experienced businessman ing. the real winners, if term limits pass, or woman at home who has balanced a Mr. FRANK of Massachusetts. Mr. are the special-interest lobbyists in budget year after year after year in Chairman, I yield 30 seconds to myself. Washington, DC. They have no term their business. If they come here, Mr. Chairman, the gentleman from limits and are not forced to step down maybe they can do a better job. You South Carolina, or perhaps it may have after 6, 8, 10, or 12 years. Passage of know what? The arrogance of this been the gentleman from Maryland, congressional term limits, particularly place is showing today. The arrogance raised the question about the 22d in the absence of real lobbyist reforms, of Members who would say, ‘‘I am in- amendment, which prohibits the Presi- will pit seasoned lobbyists against dispensable. You can’t get rid of me.’’ dent from running for more than two rookie legislators. The American people are saying that terms. Several of us, I first cosponsored Mr. Chairman, the clear winner is what we want to do, ‘‘We want to get an amendment to repeal that with Mr. would be Washington’s professional rid of you, but we can’t because you Vander Jagt several years ago under lobbying corps while the American peo- have such enormous war chests. We the Reagan administration, and several ple will be the clear losers. can’t because you have name identi- others to repeal that. So, yes, that is March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3921 also inconsistent, I believe, with this way. And then the people decide service and because I believe I am mak- principle, and many of us have amend- through their elected Representatives. ing a difference. I may not be. My con- ments here to repeal it. I signed a Contract With America, and stituents can tell me that in a brutal Mr. Chairman, I yield the balance of there were parts I liked a lot, parts I message. They can decide not to re- our time to the gentleman from New did not like much at all. There was one elect me. York [Mr. ENGEL]. part I wanted not to be part of the con- We need in this Chamber a mix, we Mr. ENGEL. I thank the gentleman tract, and that was the concept of the need the young, we need the new, those from Massachusetts for yielding this term limits. I did not particularly like who have served here for some time, time to me. the language used, because it did not and those who have served here for a Mr. Chairman, let me just say to the describe the way I feel. long time. That mix will create the gentleman from South Carolina who But what we said in our contract is: change 40 years of one-party control. spoke about arrogance, the only arro- As Republican Members of the House of Mr. CANADY of Florida. Mr. Chair- gance I see today is by people who say Representatives and as citizens seeking to man, I yield myself such time as I may they are for term limits but they want join that body we propose not just to change consume. its policies, but even more important, to re- it to start with the next generation. store the bonds of trust between the people Mr. Chairman, the issue before this They do not want it to start right here, and their elected representatives. That is House today is this: Will we respond to they do not want it to be retroactive. why, in this era of official evasion and pos- the will of the people whom we rep- If you are really for term limits, then turing, we offer instead a detailed agenda for resent, or will we turn our backs on you ought to be for term limits right national renewal, a written commitment them in order to pursue our own insti- now. And very soon we will have a with no fine print. tutional interests? We talked about chance to vote on that amendment. The last item that we promised to do, many issues in this debate. We will be Term limits, we have term limits; and it is very clear, we said, ‘‘A first- discussing those issues as we go for- they are called elections. even vote on term limits to replace,’’ ward in the debates on the individual I won in 1988, beating a 10-term in- and this is the term I did not like, ‘‘ca- amendments that will be presented. cumbent entrenched. The voters in my reer politicians with citizen legisla- But that is the real issue. The Amer- district decided it was time for a tors.’’ That is what we are doing. And ican people are saying loudly and change. Republicans can feel very comfortable clearly that they want fundamental Let us let the voters decide. There that we are fulfilling our contract in change, not just a change in the leader- has been a 50-percent turnover in 1992 having this debate. ship of the Congress, but a change in and 1994 in this House. It shows that As an opponent of term limits, I am the way the Government does business, the American public does not need very happy we have had this debate. I a change in the way this institution is term limits to restrict terms. We have align myself with the remarks made by structured. a permanent staff here. You know what many on my side, the gentleman from b we will get with term limits? We will Kansas [Mr. ROBERTS] and the gen- 1545 get a permanent staff. This place will tleman from Illinois [Mr. HYDE]. I wish The American people are demanding be even more staff-dominated than it is I could be as eloquent in terms of their term limits because they want Govern- now. And it would be more bureau- message. I hope the American people ment to be more effective and less in- cratic, more bureaucracy-dominated have been listening to their comments. trusive. The American people are de- than it is now. I look at Mr. INGLIS and I say he is manding term limits because they are Why would anyone stop their lives to the best argument not to have term tired of having their lives run by politi- come here for a temporary amount of limits, because he defeated an incum- cians in Washington who have lost time? Do you know what this place will bent. And I say to Republicans, in the touch with what it means to live and turn into? This will be a plaything for late 1940’s and early 1950’s, ‘‘You got work in the real world. The American millionaires who want to come here, Mr. Roosevelt, you got him good, real people are demanding term limits be- this will be a plaything for mediocrity, good. You punished Eisenhower, and cause they are tired of having Rep- people who cannot do anything else, you punished Ronald Reagan because resentatives who come to Washington who will take time out of their lives. they could not return to a third term.’’ and never leave. They are demanding But competent people are not going to I have an amendment to repeal the more competitive elections and Rep- want to do that. 22d amendment. I say to the Repub- resentatives who will put the interests Daniel Webster, John Quincy Adams, licans on my side of the aisle, you can of the people and the interests of the people like that served more than 12 really get at the Democrats, you can Nation ahead of their own individual years. end 40 years of Democratic control. careers. The American people are de- Our buildings, the Rayburn Building, You thought we could not do it by manding term limits and for good rea- the Longworth Building, and the Can- beating them at the polls; so what we sons. non Building, let us rename them as did was we limited their terms. Our most responsible course of action Cells 1, 2, and 3 because they would not I had someone who said candidly is, indeed it is our duty, to respond to have been here 12 years. they did not like HENRY WAXMAN, so their demand, to listen to the voices of This is a bad idea, and it ought to be they wanted me to support term limits. the people, to vote in favor of limits on defeated. I said, wait a second, HENRY WAXMAN is the terms of Members of Congress. To Mr. SHAYS. Mr. Chairman, I yield in California, and they said, ‘‘I know. I my colleagues I say, ‘‘Listen to the myself such time as I might consume. can’t vote there. The only way I can voice of the people. Shut your ears to First, I would like to start off by get at HENRY WAXMAN is to vote for the voices of those who are defending thanking the gentleman from Michigan term limits.’’ Think of what we are the status quo.’’ [Mr. CONYERS] and the gentleman from saying. We are saying that Americans One other issue I think we must Massachusetts [Mr. FRANK] for yielding are trying to vote in districts they are focus on here is I do not think this time to the Republicans who opposed not even represented by. Mr. WAXMAN should be a partisan debate, but there, term limits. I thank the gentleman. I has been a very active Member. He was I believe, has been an attempt by some also thank my colleague, the gen- elected by his constituents because to confuse the issue and to avoid re- tleman from Florida [Mr. CANADY], for they want him here. We should not de- sponsibility. But despite those efforts, his graciousness in yielding time cide in another area whether he can the American people will now know against the amendment to the chair- run. I am in my 4th term. Since that who supports term limits. They will man of the Judiciary Committee. I time, 291 people have been elected, new see how the Members vote. We are would have loved that honor to yield to Members; 254 of them are serving right going to vote. There will be a final vote that gentleman, but I thank him for now. There are times I would love to be on this issue, yes or no, on what is left yielding time in that way. home living with my family 7 days a standing at the end of the day. What Mr. Chairman, lots of things we could week, having my weekends, and, yes, the American people will see is that say. But I think we all speak from our making more money, because I would. Republicans overwhelmingly support hearts, and that is probably the best I serve here because I think I am of term limits and that most Democrats, H 3922 CONGRESSIONAL RECORD — HOUSE March 29, 1995 sadly, are opposed to term limits. That of the House, and every 6 years, Members of irresponsible. We cannot and should not ex- is the undeniable truth. The American the Senate, must submit their political lives to periment with the Constitution, Americans' people also know that the Republicans the will the people who first elected them. The right to vote, or the stability and security of have brought this issue to the floor for American people have the right to determine this Nation to satisfy a campaign promise. the first time in the history of the Re- who serves them and how long they serve. I would also like to add that the historical public while the Democrats kept it bot- Establishing an arbitrary length of time for record for term limitations is not supported by tled up for years. I think the American Members of the House and Senate to serve a review of constitutional history, either. It is people understand that. the people is contrary to the Democratic prin- clear that the Founding Fathers of this Nation The American people can count. ciples upon which this Nation is based. Who believed that term limits were neither nec- They will see how the votes come are we to challenge the decisions of the peo- essary or appropriate, and those who did seek down. ple concerning who will represent them. It is such limits expressed a belief that the Con- Mr. STOKES, Mr. Chairman, I rise strong the height of arrogance for Members of this stitution itself needed to be fundamentally opposition to House Joint Resolution 73, the body to attack the wisdom of the American changed also. term-limits constitutional amendment. While I people and the genius of the architects of this This lack of historical support for term limita- am aware of the movement in the Congress to Nation. tions can also be found in the Founders' tran- change the Constitution to suit any whim that So cherished by the American people is the sition from the Articles of Confederation to the comes to the current majority, I am also mind- right to vote and participate in our representa- Constitution as we know it today. Although ful of my duty as a Member of this great body tive form of government that five historic con- term limits were included in the Articles of to act in the best interest of the people I rep- stitutional amendments have been enacted by Confederation, they were wisely specifically resent and in the best interest of the U.S. the Congress to ensure that all Americans excluded by the Founders of this Nation from Constitution I have sworn to uphold. have the right to select their representatives in the Constitution. The historical record simply We cannot and should not shirk our respon- CongressÐthe 15th amendment, 1870, pro- does not support the incorporation of term lim- sibility to act in the best interest of the Amer- hibited States from denying the right to vote its into the U.S. Constitution. ican people by disrespecting the Founding on account of ``race, color, or previous condi- Mr. Chairman, this legislation is unsur- document of this NationÐthe U.S. Constitu- tion of servitude;'' the 19th amendment, 1920, passed in its compromise of the people's right tion. This shortsighted legislation will not only enfranchised women; the 24th amendment, fail to ensure better representation of the 1964, banned poll taxes; the 26th amendment, to representative Government and the balance American people in Congress, but will cruelly 1971, directed States to allow qualified citi- of powers in our Nation. With very little oppor- snatch from all Americans their ability to ex- zens who were age 18 or older to vote and; tunity for open hearing, and with limited de- press their will through the ballot box. finally, the equal protection and due process bate, this measure has been placed before us. The bill before us today, the term-limits con- clauses of the 14th amendment, 1868, came A measure of this kind requires detailed analy- stitutional amendment, attempts to curtail the to be read as preventing States from enacting sis of the impact it may have on the American ability of the American public to choose their suffrage laws that conflict with fundamental people, and the greatest pillars of the Amer- Representative. It also weakens this Republic principles of fairness, liberty, and self-govern- ican Republic: the voting franchise and the by subverting some of the most important ment. separation of powersÐbut no such review Constitutional principles that represent the Term limits will upset the delicate balance of has, or will, take place. In the current rush to foundation of this Nation, the electoral process powers crafted in the U.S. Constitution. The force this bill through the House, the will of the and representative Government. Such an ab- Constitution clearly places with the people the American people and the Constitution I have dication of congressional responsibility will cer- power to select and elect their representatives sworn to uphold will certainly be compromised. tainly undermine many of our important efforts in Congress. The term limits constitutional I urge my colleagues to join with me and vote to enhance voting rights, civil rights, and our amendment will transfer a significant portion of against this bill. democratic system that is the envy of the this constitutional power to the President and Mr. FAZIO of California. Mr. Chairman, I rise world. the judiciary. The weakening of Congress by in opposition to House Joint Resolution 73. Mr. Chairman, the Republicans state in their arbitrarily prohibiting our most experienced Mr. Chairman, this bill comes to the floor Contract With America that the purpose of the legislators from serving this Nation in the Con- today with the Republican leadership knowing term limits constitutional amendment is to pro- gress is unwise and tips the balance of pow- that they do not have the votes to pass this vide for consideration in the House two dif- ers against the legislature of this Nation. legislation to amend our Constitution. History, ferent versions of a term limits constitutional The great constitutional significance of the public policy, and common sense dictate that amendment. The first version of the constitu- separation of powers cannot be questioned. In we reject this ill-conceived attack on the Con- tional amendment would impose a limit of six his famous Myers v. United States, 272 U.S. stitution. terms on serving in the House and two terms 52 (1926) dissent, Justice Louis D. Brandeis THE FRAMERS OF THE CONSTITUTION EXPRESSLY on serving in the Senate. The second version said: ``The doctrine of the separation of pow- REJECTED TERM LIMITS ers was adopted by the Convention of 1787, would impose a limit of three terms on serving The Framers of the Constitution debated not to promote efficiency but to preclude the in the House and two terms on serving in the and expressly rejected term limits. Few people exercise of arbitrary power. The purpose was Senate. Both versions are designed to be ap- know that the original document governing the not to avoid friction, but, by means of the inev- plied prospectively. newly formed Nation after the battle for inde- itable friction incident to the distribution of the House Joint Resolution 73, warps the Con- pendence, the Articles of the Confederation, governmental powers among three depart- stitution to such an extent that the overall sta- had term limits. ments, to save the people from autocracy.'' (p. bility of the Constitution would be placed in Those limits, known as rotation, limited dele- 293). question. While I agree that Congress should gates' service under the Articles of the Con- Mr. Chairman, I must also stress that the continue to make significant strides to en- federation to no more than 3 years in any 6- benefits of term limits are greatly exaggerated. hance service to the people we represent, this year period. As we all know, the Articles of the Without any term limit constitutional amend- proposed measure goes well beyond the legiti- Confederation were a failure. To replace that ment Congress receives regular transfusions mate objective of making the Government failed document, the Framers met in the Con- of ``new blood.'' If we look beyond the re-elec- more representative. The power the American stitutional Convention to write our Constitution. tion rates on a Congress-by-Congress basis, people have to select and elect representa- During that Constitutional Convention a del- we see that 52 percent of the current House tives to Congress has been granted exclu- egation from New York, who had the very Members were initially elected in 1990 or later. sively to the people by the United States Con- timely name of Robert Livingston, had this to If term limits of 6 years in the House and 12 stitution and should not be abridged. say: Mr. Chairman, removing from the American years in the Senate were in place, nearly half The people are the best judges of who people the power to select who represents of the current Congress would have been in- ought to represent them. To dictate and con- them in Congress is fundamentally antidemo- eligible to serve when the 104th Congress trol (the people), to tell them who they shall cratic. A term limits amendment to the U.S. convened. not elect, is to abridge their natural rights. Constitution in unnecessary. The fact is, term The devaluation of experience in the Con- . . . I repeat that (term limits are) an abso- limits already exist. Every 2 years, Members gress would not only be ill-advised, it would be lute abridgement of the people’s rights. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3923 At the close of that debate, the delegates to Perhaps the most important role of any one have a fundamental right to choose their own the Constitutional Convention expressly re- branch is to act as the check and balance on Representatives. jected term limits as a dangerous and destruc- the other two branches. Term limits rob Con- Term limits allow voters in one district to tive force that obliterates the people's right to gress of its ability to act as check on the exec- dictate to voters in another district that they chose their own leaders. The Constitution is a utive branch. cannot continue to reelect their own Member, timeless documentÐthe product of the finest During the 104th Congress, we have heard no matter how effective that Member has political minds ever to assemble for a single a steady stream of criticism about bureau- been. cause. crats: bureaucrats, bureaucrats, bureaucrats. Let's give the American public a little credit. As someone who reveres the Constitution If we pass term limits, does anyone believe After all, the voters really know best who and as someone who takes very seriously my that the bureaucracies will be more respon- they want to elect and for how long. In a de- sworn oath to support and defend the Con- sive? mocracy, individuals should be able to vote for stitution of the United States, I suggest that You think you have trouble getting re- the Representative of their choice. we adhere to the wisdom of the Framers of sponses to the letters and phone calls you Altering our Nation's Constitution to limit the the Constitution and reject term limits. make to Government bureaucracies todayÐ number of terms a person may serve restricts THE CONSTITUTION'S ``QUALIFICATIONS CLAUSE'' SETS imagine the response you'll get when you the right of voters to choose who will rep- FORTH THE ONLY REQUIREMENTS FOR CITIZENS TO have term limits hanging over your head. With BECOME MEMBERS OF CONGRESS resent them. Under term limits, the right of the term limits the bureaucrats can just burrow-in people to choose their own leadership is taken After rejecting the Articles of the Confed- and wait you out. eration's rotation term limit system, the Fram- away. Further, if every Member of Congress was Majority rule is a cornerstone of democracy; ers set forth the qualifications they deemed required to resign after 12 years, the influence essential to service in Congress. it's not majority rule for some arbitrary period that comes with experience and expertise not to exceed 12 years. Article I, section 2 sets forth the constitu- would be passed to longtime staff members. Respect the Constitution; respect the intel- tional qualifications for Members of the House These individuals are elected by no one, and, ligence of the American people; respect the of Representatives: therefore, are not directly accountable to the delicate balance embodied in the Constitu- No person shall be a representative who voters. Remember, you can't place term limits tion's separation of powers. Vote no on term shall not have attained the age of twenty- on the unelected. Bureaucrats, staff, and lob- five years, has been seven years a citizen of limits. byists all have the right to hang around, ma- the United States, and who shall, when elect- Mr. MANTON. Mr. Chairman, I rise in oppo- nipulating the process with the power of insti- ed, be an inhabitant of that state in which he sition to a constitutional amendment to impose tutional knowledge. shall be chosen. limits on the terms of Members of the House The Framers of the Constitution thus clearly THIS IS A PURELY SYMBOLIC ACT, NOT REAL TERM LIMITS and Senate. articulated three simple qualifications for Mem- Before the elections of November, the Re- Mr. Chairman, the well-oiled, elitist, multi- bers of the House of Representatives: Rep- publican Contract With America was pre- million-dollar campaign being waged in sup- resentatives must be 25 years of age, citizens sented as an iron clad promise to deliver. It port of term limits has disparaged the so- of the United States for at least 7 years, and was only after the election that the Repub- called career politician and attacked Members citizens of the State they will represent in this licans started to highlight that all they had of Congress as individuals who are intoxicated great body. really promised was a vote on the contract with power and out of touch with the people The Constitution's qualifications clause is provisions. they represent. unequivocal. The Constitution does not allow Today, they will hold this purely symbolic But the central issue in this debate is not for any additional restrictions on candidates for vote. The Republican leadership knows that the virtue or wickedness of incumbency; in- Congress. Nor does it give to the States the they do not have the votes to pass this meas- stead, this debate is about our faith in the abil- power to set additional, extra-constitutional re- ure. Now they are looking for a way to place ity of citizens to choose the person who can quirements for office. the blame on the Democrats. best represent them in Congress. Again, those who support the Constitution Term limit proponents cynically believe that and those who claim to adhere to original in- NINETEEN YEARS OF DELAY: THE HOLLOW REPUBLICAN SCHEME average citizens are simply incapable of mak- tent should heed the wisdom of the Framers ing a thoughtful decision when they enter the who set forth three very simple and clear Putting aside the fact that the votes are not voting booth every 2 years. I strongly reject qualifications for citizens to hold office. Apart here to pass this billÐlet's look at the hollow from these three qualifications, the only limit nature of this symbolic act. that notion. Since 1990, we have had a great- embraced by the Framers is the on-going re- First, the bill is a constitutional amendment er than 50-percent change in the membership quirement that any Member be able to com- that must go to the States. The measure gives of the House. This statistic proves that voters mand a plurality, if not a majority, of the vote. the States 7 years to ratify the amendment. In know how to rid themselves of an elected offi- addition, the 12-year limit is not retroactive. cial whom they do not support. WE HAVE TERM LIMITS: THEY'RE CALLED ELECTIONS That means it could be 19 years before any I have faith in the voters of the Seventh To those who say times have changed so person would be affected by this purely sym- now we must change by adding term limits, I Congressional District of New York, which I bolic actÐ7 years for enactment plus 12 years make two observations. First we have term represent. The citizens in Queens and the before it becomes applicable. limits alreadyÐthey're called elections. The Bronx are bright, hard working people who If the Republican leadership wants to ad- November election results show that term lim- have an active interest in the government and its are unnecessary. dress this issue and address it now, why have the elected officials who represent them. They Fifty-two percent of the Members of this they set in motion a 19-year process? Nine- often, and sometimes forcefully, express their House were elected in 1990 or later. teen yearsÐthis term limits plan is a fraud. views on the important issues that affect their The right to voteÐa right people all over the You can draw an analogy to the Republican everyday lives. And every 2 years they have world continue to fight and die forÐthat power tax plan. Just as Republicans want to handcuff an opportunity to determine who, from their to vote carries with it the right to vote people future generations with debt to pay for a tax community, can best represent those views in out of office. That's why we have elections. cut for people who make more than $200,000 the Congress. Second, the times do change but the Con- a year, this phony term limits bill aims that The right of the people to freely elect their stitution rarely changes form. saddling future generations some 19 years representatives is the fundamental foundation The Constitution has been amended only 27 down the road with term limits. of democracy. Any infringement on that right is times over 200 years since ratification. Times We shouldn't give a tax cut to people mak- a threat to democracy. change, but changes to the document that is ing $200,000 a year while we hand the bill to Despite the somewhat differing views the the very foundation of our democracy should your children. Likewise, we shouldn't pass a Founding Fathers may have had on the issue be carefully considered and well-reasoned. phony term limits bill and say to people 19 of term limits, the Constitution is unambiguous TERM LIMITS DESTROY THE DELICATE BALANCE OF years in the future, ``it's your problemÐdeal on this issue. The Founding Fathers expressly POWERS with it.'' rejected the idea that the terms of Members of The Constitution has in place a very deli- TERM LIMITS ABRIDGE THE FUNDAMENTAL RIGHTS OF Congress should be limited by anything other cate, well-balanced separation of powers. The VOTERS than place of residency, age, and, of course, three branches of GovernmentÐthe legisla- The measure of all things we do in this the voters. tive, the executive, and the judicialÐeach Chamber is and should be the effect of our Some term limits proponents have argued have a very specific role to play. actions on the citizens of this country. Voters that the Constitution should be amended from H 3924 CONGRESSIONAL RECORD — HOUSE March 29, 1995 time to time to reflect the changing needs of Although I intend to vote to initiate a na- there may be a basic conflict of interest in our society. They cite the 13th amendment tional debate on the issue, I have concerns Members of Congress deciding whether or not ending slavery, and the 19th amendment giv- about a constitutional amendment establishing to impose term limits on themselves. To some, ing women the right to vote as examples. I term limits. I am personally not convinced that it just does not pass the smell test. agree that we should improve the Constitution an arbitrarily imposed limit is necessary or If Congress blocks this term limits measure to expand and protect the fundamental rights wise. Voters have the power to limit an inef- and stifles the national debate on the value of of our democracy. But we should reject any fective Member's term every 2 years when term limits, I fear the American public will lose attempt to diminish or usurp those rights. they go the ballot box. In fact, about one half complete confidence in Congress. They will Mr. Chairman, I believe in our representa- of all Members currently serving in the House assume Members voted against term limits out tive democracy. I trust the wisdom of the have been elected since 1990. of self-interest, no matter how many convinc- Founding Fathers. And I have full faith and al- I also am concerned that term limits may ing arguments against term limits are raised. legiance in the ability of the citizenry to ensure severely diminish the power of the House and I feel it would be healthier for Congress as that government remains accountable to the Senate in relation to the executive branch. an institution and, indeed, our country as a people. Unelected bureaucrats, whose careers are not whole if we permit this debate to continue. Mr. CRANE. Mr. Chairman, I rise in strong limited, would hold a considerable advantage Mr. PACKARD. Mr. Chairman, when I ran support of a constitutional amendment to limit over inexperienced legislators in the technical for Congress in 1988, I explained very care- the terms of Members of Congress. While sev- knowledge that can only be learned over time. fully to the people of the then-22d Congres- eral different proposals have been discussed I have the same concern with regard to con- sional District of Illinois that I believed in a citi- today, I believe that it is vitally important that gressional committee staff, whose expertise zen-legislator form of government. we allow the States to ratify a constitutional on the issues may cause the people's elected I had taught American government for sev- amendment for congressional term limits, re- representatives to follow rather than lead. eral years and had no doubt that the Founding gardless of the final version. I understand the benefits of membership Fathers meant our national legislature to be a I have been a long-time supporter of term turnover, new blood brings new, often innova- citizen legislature. limits. In 1985, I introduced my first bill to set tive, ideas and solutions to our country's prob- Citizens were to train themselves for a pro- a 6-year limit on service for both Members of lems. Nevertheless, there is also something to fession, leave that profession for a time to the House and Senate. Although I promoted be said for experience and institutional mem- such an idea for a decade, neither I, nor my ory. Today's world and the problems confront- serve in the House, and return to their profes- colleagues who supported term limits, had an ing us are so complex that experience, exper- sion. Believing as such, I voluntarily limited opportunity to bring such an idea to the House tise, and institutional memory should be con- myself to 10 years of service if it was the will floor. While I personally prefer my term limits sidered an asset, not a liability. The Federal of the people to elect me for such a period of proposal, I am very pleased that the issue of Government alone has become so enormous time. I have every intention of keeping that term limits has finally come to the floor for a that it takes several terms just to get a handle promise. vote. on the thousands of Federal agencies and I have always believed, until the last couple To those of my colleagues who oppose term programs and their functions. of years, that any limitation on service in the limits because it was not part of the Constitu- Frankly, I feel there is a better alternative to Congress should not be mandated, except by tion, I would suggest that our Founding Fa- term limits which will improve membership a vote of the people with regards to the indi- thers did, indeed, believe that rotation in office turnover, infuse new blood and new ideas into vidual who seeks to represent them in this was vital to a representative democracy. In Congress, and ensure elective representatives body. fact, Thomas Jefferson, after reviewing the are held more accountable to their constitu- I would like to explain why I no longer be- Constitution, wrote to James Madison: ``The ents. That alternative is campaign finance re- lieve as I did and the reason I now favor term second feature I dislike [the first being the ab- form that levels the playing field between in- limits. sence of a Bill of Rights], and greatly dislike, cumbent and challenger. When I came here in January 1989, two is the abandonment in every instance of the I think Congress' problems may have less to things were readily apparent. One, the special necessity of rotation in office. * * *'' do with career politicians and more to do with interests had exaggerated influence on the de- During the early days of our Republic, serv- noncompetitive elections that allow velopment of legislation in this body by virtue ice in Congress was generally limited to 4 undeserving incumbents to return to Congress of the tremendous amount of money they years in the House and one 6-year term in the year after year. Incumbents are often left un- spent on congressional campaigns, and two, Senate. However, these were self-imposed accountable for their actions in Congress be- the ability of incumbents to advantage them- limits on service. cause of their overwhelming re-election advan- selves by use of the frank and other incum- In closing, I would urge my colleagues, de- tages including high name recognition, frank- bent promotion devices not available to a chal- spite their preferences for one term limit pro- ing privileges, campaign contributions from lenger, were truly overwhelming. posal or another, to vote yes on final passage PAC's and fellow congressional campaign Ninety-nine percent of all incumbents were for term limits, and send it on to the States for committees. reelected to office every term because they re- ratification. To restrict the incumbent's advantages, in ceived almost all special interest campaign Mr. CLINGER. Mr. Chairman, I rise in favor prior Congresses I have introduced three cam- funds and because of their use of the system of submitting to the states for consideration paign finance reform bills which would reduce to promote themselves. Even during the last Congressman MCCOLLUM'S proposed constitu- the role of PAC's and increase the role of con- two elections when we had tremendous turn- tional amendment limiting Members of Con- stituents, ban congressional leadership and over in the House, 94 and 90 percent of in- gress to 12 years of service. campaign committees from contributing to an- cumbents were reelected, respectively. Many advocates of term limits believe they other candidate's campaign, and create a tax I believed, at the beginning of my tenure are necessary to bring government closer to credit for instate contributors. I plan to reintro- here, that the Congress would enact meaning- the people by replacing career politicians with duce these bills after we return from April re- ful campaign finance reform eventually, level- citizen legislators. Other advocates suggest cess. ing the playing field for challengers and mak- term limits are needed to isolate Considering my misgivings about term lim- ing the possibility of reasonable turnover in the decisionmakers from the whims of their con- its, one might ask, why is BILL CLINGER cast- Congress possible. stituencies so they can do what is in the best ing an ``aye'' vote for the McCollum substitute? I no longer believe we will accomplish this interests of the country, not just their States or Clearly, the people have spoken on term task because of the wide differences in party districts. The common theme among all term limits, and I feel it is appropriate for the na- philosophies on this issue. Nearly every year limits supporters, however, is that Congress tional debate on this issue to continue. Should in which I have served we have addressed as an institution is not serving the American the House and Senate adopt identical amend- campaign finance reform only to see it dis- people well and it needs to be changed. ments, the measure would then go to the solve into a watered-down version of nothing. Whatever the reasons for their support of States for their consideration. I believe that Term limits of a reasonable length may be the term limits, advocates have made great strides this process should be allowed to move for- only way to level the playing field. in energizing and organizing grassroots Amer- ward, and that this important issue must be Let me address additional arguments put ica. The popularity of congressional term limits decided by the people. forth against term limits. has been demonstrated by their adoption in 22 Although I generally do not advocate gov- Some say term limits restrict voters choices. States since 1990Ð21 of which were passed erning by referendum, the debate on term lim- I believe the greater restriction on voters' by State ballot initiatives. its is unique. In the eyes of some Americans, choices is the ability of the incumbent to totally March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3925 dominate an election by outspending chal- gress for a total of 8 years of service. Madison it was ultimately rejected by the members of lengers sometimes 10 to 1 because of special finally served as Secretary of State and Presi- the Constitutional Convention. interest money that accrues primarily to them. dent in the final 16 years of his distinguished Aside from taking a fundamental right away Most campaigns are run by 30-second com- public service. from citizens, term limits pose a number of mercials and incumbents dominate the air- Thomas Jefferson served in various posi- risks that could aggravate the problems facing ways. The incumbent is allowed to send unso- tions in public office for 35 years. After serving Congress as an institution. For instance, they licited mass mailings for the 2 years in office as a member of the house of burgesses and are likely to increase the power of special in- telling the constituents of all the good things the Constitutional Congress, Jefferson was terest organizations and lobbyists, congres- that he or she is doing on their behalf. Chal- elected Governor of Virginia in 1779. Despite sional staff and the executive branch, all of lengers do not have that opportunity at tax- an announced ``end of his public life,'' Jeffer- whom are significantly less accountable to the payers expense. son was elected to Congress under the Arti- public. Others say the turnover of more than 50 cles of Confederation in 1783 and later served Term limits will also create the potential percent of the House in the last two elections as plenipotentiary to France and was ap- hazards that more Members of Congress will prove term limits are unnecessary. But the pointed as the first Secretary of State under favor special interests as their term of service turnover was almost exclusively in open seats George Washington's Cabinet. Jefferson later expires and they look forward to their next ca- where no incumbent was running. In 1992, in- served as Vice President and completed his reer. In this vein, Alexander Hamilton argued cumbents still won 94 percent of their seats, public service as President from 1801 to 1809. that term limits would tempt ``ignoble views'' and in 1994, they won 90 percent. Imagine the outcome of the Constitutional by office holders who would have thought Some people cite the loss of experience as Convention and the first formative days of our about nothing else than what their next job the most important reason to defeat term lim- Nation's evolution without Thomas Jefferson would be rather than focusing on the people's its. But the real experience that is important in and James Madison and other Founding Fa- business. As a Wall Street Journal columnist this job is the experience we bring to the job, thers such as John Quincy Adams who, be- recently indicated, ``Instead of fresh-faced citi- the experience of having been educators, cause of term limits, would not have had the zen legislators, we would end up with men farmers, or businessmen. opportunity to invest their lives in the genesis and women who knew that after 12 years they The experience we gain here is process and of the United States. had to seek a new line of work, most probably it is important. But the decision-making skills Do we want to send the wrong message to with the very interests that are lobbying them.'' we bring to the job are even more important. our Nation's brightest and most qualified indi- Term limits are not an appropriate or effec- How do we know unless we are willing to ex- viduals who look forward to serving their coun- tive solution to the problems facing our politi- pand the possibilities of other people bringing try and promoting the best interests of their cal system. They would undermine a corner- their skills to this job that we are not overlook- constituencies? Do we want to write this term stone of our democracyÐthe right to vote. ing other experiences that may have even limits disincentive into our Constitution? I have a picture of the U.S. Capitol in my greater impact on solving the problems of this What other countries have term limits? If we congressional office. Under the magnificent country. look to the South, Mexico has strict term lim- and historic picture of this building is a quote The voters are indeed the best judge of who its. Do we want to follow the lead of a nation from one of the most distinguished Founding ought to represent them but their deliberations of term limits such as Mexico, which despite Fathers, Alexander Hamilton. He said about must be exposed to a full and balanced view serious political and economic tumult, com- government and the Capitol; ``Here, Sir, the of each candidate. I do not believe our present pletely replaces its Senators and its President people govern.'' It is the people who should system allows this. every 6 years? run Congress. It is the people who should So therefore I intend to support the 12-year This Nation's future depends on the integrity vote. It is the people and the ballot box that term limitation as a constitutional amendment. and caliber of the people leading it. Important will suffer if a gimmick like term limits suc- Mr. ROEMER. Mr. Chairman, I rise in oppo- and substantive areas of legislation rely on in- ceeds. sition to term limits for Members of Congress. dividuals with the leadership, experience, wis- Mr. KIM. Mr. Chairman, the American peo- Since I have been in Congress, I have been dom and the judgment that might come from ple overwhelmingly support a constitutional a leading advocate for overhauling the way terms of service. We cannot afford to dis- amendment limiting the terms Members of Congress works. I have supported cuts in the qualify whose who can bring sound judgment Congress may serve in Washington. I believe size of congressional staff and committees achieved through years of experience to the that the power of term limits has become an and simplifying this institution's operations. But increasingly demanding tasks of elected office. issue of national debate because Washington we do not need term limits to make changes Term limits would destroy this opportunity and is simply out of touch with the voters back in Congress. The last two elections clearly make Congress an institution where inexperi- home. demonstrate the power of the ballot. Today, ence is more valued than professionalism and Today, votes will be taken on four term limit 40 percent of Members are serving their first experience. measures, and the one that receives the most or second terms and more than half of this The Founding Fathers used the same argu- over 218 will be the one voted on for final pas- body, including myself, was elected after ments against term limits during the Constitu- sage. While we have preferences, I nonethe- 1990. Real term limits are at the ballot box, tional Convention in 1787 that are being heard less intend to support every proposal. Any one and that is where they should be. Every time today. In the Federalist Papers No. 71, Alex- of them is better than none at all. voters go to the polls, they make the decision ander Hamilton challenged proposals amend- I am voting for the Peterson-Dingell-Frank of whether to limit the term of their elected ing the Constitution to include rotation for the amendment that imposes retroactive term lim- representatives. Delegates and the President because it ``inter- its of six terms on Representatives and two Most importantly, term limits would interfere fered with the people's right to choose their of- terms on Senators. Making the law apply to with the fundamental right of voters to elect ficials, depriving the new government of expe- those who impose it would be the best way to their own representatives. The people are the rienced officials and reducing the incentives serve the interests of the American people. best judge of who ought to represent them for political accountability.'' Why are 12 more years needed for those who and can be trusted to choose their representa- In the Federalist Papers No. 53, James have already served this amount of time? tives without Government stepping in to arbi- Madison wrote that a few Members of Con- Haven't they had a chance to fulfill their elect- trarily regulate their choice. gress will possess superior talents and will be- ed promises already? While this would affect Term limits ignore the need for experience come masters of public business. The greater the 218 Members who have or are already in Congress, where intricate public policy is- the proportion of new Members, Madison serving three terms in office, 218 is only half sues are deliberated. Imagine if term limits wrote, ``the more apt they will be to fall into of the House. We've had that kind of change had restricted the public service of our Found- the snares that may be laid for them.'' over the past 4 years. The result? Real ac- ing Fathers. James Madison spent a total of Robert Livingston, during New York's de- tionÐsuch as the Contract With America. Has 43 years in public office. His public career bate on the adoption of the Constitution, said the quality of representation declined in the began as a member of the committee of safe- that the people are the best judges of who 104th Congress or other States due to term ty from Orange County in 1774 and after hold- ought to represent them. To dictate and con- limits? I would have to say no. ing a number of other State offices, Madison trol them and to tell them whom they shall not I am also supporting the Inglis amendment. attended the Continental Congress for five 1- elect, ``takes away the strongest stimulus to My first choice is for the House to implement year terms and was then elected to the first public virtueÐthe hopes of honors and re- this measure, which provides three 2-year Congress in 1789. He was subsequently re- wards.'' Although rotation in office was consid- terms in the House and two 6-year terms in elected to the second, third, and fourth Con- ered as part of the Articles of Confederation, the Senate. Two years ago the citizens of H 3926 CONGRESSIONAL RECORD — HOUSE March 29, 1995 California, through a ballot initiative, limited the However, from a review of modern congres- Third, this Member intends to vote ``no'' on terms of Federal legislators to 6 years in of- sional history, this positive turnover is an ex- the Hilleary 12-year cap alternative because it fice. The Inglis amendment upholds the posi- ceptionÐnot the norm. The fact that one party does not preempt State law. Thus if the U.S. tion of California. controlled the House for 40 years straightÐ Supreme Court permits under the Arkansas The Hilleary amendment, my last choice, and that a noticeable number of older Con- case, or a subsequent case, other States have set lifetime limits of 12 years in the gressmen have served and in some cases could have a 12-year, a 10-year, or an 8-year House and 12 years in the Senate. It does not controlledÐthis House for 15, 20, 25, or 30 term limit while Nebraska will be stuck with a preempt any of the term limit proposals cur- years proves that change must be institutional- 6-year limit; that would put Nebraskans at a rently passed by the States and is not retro- ized. disadvantage. While it is true that the Inglis al- active. That means a 12-year term limit im- There is the illogical fear that the power will ternative also does not preempt State law, but posed by the State of North Dakota would be not remain with the representatives sent by it provides for a 6-year term limit and no State able to keep legislators in Congress longer the voters to Washington, but will slip into the is likely to limit terms to less than 6 years; than California because of its 6-year limit. I hands of the unelected bureaucrats who serve thus, Nebraska at least would not be at a dis- believe this would be unfair and would create them. This will never happen because elected advantage under the Inglis alternative. uneven representation on a national level. officials always have had the option to hire Finally, this Member will vote against the Nonetheless, this is still better than nothing. and fire congressional staffers. As a matter of Peterson-Dingell-Frank retroactive term limit The fourth measure I intend to vote for is fact, it was not until the House passed the the McCollum 12-year term limit amendment. Congressional Compliance Act of 1995 that alternative as a transparently disingenuous, This legislation limits Representatives to six staffers were given virtually any rights at all. partisan ploy. full terms and two terms for Senators. Be- Therefore, I believe the term limits amend- Again, this Member supports nationwide cause this is a 12-year limit and therefore dif- ment should be added to the Constitution so congressional term limits and will vote in ac- ferent from California's I concur with the we can move forward and restore accountabil- cordance with that stance. amendment's provision which preempts State ity to the U.S. Congress. It's time to stop talk- Mr. PASTOR. Mr. Chairman, supporters of law. That ensures that all States are on a level ing and start the term limit clock ticking. term limits suggest they are restoring the in- playing field and that no State has a seniority Mr. BEREUTER. Mr. Chairman, this mem- tent of the Founding Fathers of creating a citi- advantage over others. ber has supported nationwide congressional zen legislature. That's why the term limits con- I have been listening to opponents of term term limitations the past and currently is an stitutional amendment we are considering limits argue today that such an amendment original cosponsor of legislation in the 104th today is called the Citizens Legislature Act. would limit the amount of experience legisla- Congress to accomplish just that in the form of Those advancing that argument to justify tors have in representing their constituents in an amendment to the U.S. Constitution. In ad- term limits spin history on its head. According Washington. They also point out that there will dition, this Member cosponsored term limita- to the Congressional Research Service, the be a lack of qualified people to run for con- tion legislation the first day of the 103d Con- Framers of the Constitution were unequivocal gressional offices. These concerns are un- gressÐthe first legislative day after Nebraska in their rejection of terms limits for Members of founded. offered term limits by citizen initiative. This Congress. Our Founding Fathers thought term Term limits have already been imposed on was necessary to protect Nebraska's interest limits was a bad idea more than 200 years other State and Federal political offices. My vis a vis other States who had not passed ago; it is a bad idea now; and it will be a bad own State of California has passed a 6-year similar congressional term limits. This Member idea 100 years from now. term limit on State legislators. So far, it has believes that the prevailing criteria for any I call my colleagues' attention to excerpts not had a problem with attracting qualified in- congressional term limits must be a nation- from the Congressional Research Service re- dividuals to compete for open seats. As a mat- wide standard. Otherwise, this Member must port which treats the constitutionality of con- ter of fact, after California passed term limits reiterate his belief and previous statements gressional term limits. in 1990, the number of candidates running for that the unilateral action by this Member's office increased by 40 percent. Term limits home State of Nebraska in passing a term lim- [From the CRS Report for Congress, Jan. 2, have broadened the field and improved the itation for its congressional delegation places 1992] competition. Nebraska at a disadvantage in terms of se- THE CONSTITUTIONALITY OF STATES LIMITING The 22d amendment to the Constitution, niority and representation when compared with CONGRESSIONAL TERMS which took effect in 1951, restricts the term of the congressional delegations from other office for the President of the United States to States without such limitations. (By L. Paige Whitaker) two terms. Thirty-five States impose term lim- Under the rule, the House will consider four III. FRAMERS’ INTENT its on their Governors. And, the government constitutional amendments in the nature of a State imposed term limits appear to con- has not fallen apart. If term limits are good substitute under a winner-take-all procedure. flict with the intent of the Framers of the enough for them, they should be good enough This Member has carefully examined the four Constitution to eliminate the policy of com- for U.S. Congressmen and Senators. substitutes and provides the following analysis pulsory rotation in office. The concept of ro- The longer Members serve in Congress, the of these measures. tation in office was embodied in the Articles more removed they can become from the vot- First of all, this Member supports the pas- of Confederation, which provided that dele- ers who elected them. The American people sage of the McCollum 12-year term limit pro- gates to Congress could serve for no more want to send representatives to Washington posal, the base bill, since this Member has than three years in any six-year period.15 As who truly understand what it means to work been cosponsoring it since the first day of the a result, the issue of rotation in office was debated during the adoption of the Constitu- hard for a living, pay their taxes, and make 103d Congress. Therefore, this Member hopes tion. ends meet for their families. They believe that that the McCollum provisions are the final pas- Rotation, as proposed by the anti-federal- a citizen legislator rather than a career Con- sage vote. ists, would force members of Congress to gressman best represents their interests. Second, this Member will vote for the Inglis step down from office for a period of time The imposition of term limits is in no way a 6-year term limit alternative even though, in and live among the people in their former judgment on the quality of representation in this Member's judgment, it is not in the best rank of citizenship. It was intended to pro- the House today. I have served with some interest of the country. That is an issue about vide members with a greater knowledge of outstanding Representatives. However, I have which people can legitimately disagree, and their country and constituency, in order for noticed that the lure of Washington and all of voting for this provision which is, in this Mem- them to return to the Congress as more in- its trappings of power can overcome some. In- ber's judgment, of doubtful merit, is not a vio- formed legislators, with a greater sensitivity side-the-beltway politics have a way of taking lation of our oath of office. This Member's vote to the concerns of their constituents.16 The priority over the legitimate bread and butter for it can only be justified on the basis that it anti-federalists also argued that a rotation requirement would prevent the abuses of cor- concerns of average Americans. Term limits is what the people of Nebraska overwhelm- ruption and would encourage a greater num- should prevent Members from becoming out of ingly approved during the last election. This ber of people to hold public office.17 touch with their constituencies. Member does not see any clear justification After assiduous debate, however, the I also do not believe that term limits will for substituting his judgment for their collective Framers rejected rotation, citing the right of cause a disorderly transfer of power. As a re- judgment even though this Member laments the people to freely elect and the importance sult of the past two elections, almost 50 per- the payment for petition circulators and the in- of experienced legislators. As Robert R. Liv- cent of the House is comprised of new Mem- ordinate amount of out-of-state money used ingston stated during the New York debates: bers. This has not caused a breakdown of the by supporters as is unfortunately still permis- system. sible under Nebraska State law. Footnotes at end of article. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3927

‘‘The people are the best judges who ought to 19 Id. at 298 (speech of R. Harrison). publican leadership, and to Mr. MCCOLLUM, 20 Id. at 320 (speech of A. Hamilton). represent them. To dictate and control them, and it is a check mark in the success column. to tell them whom they shall not elect, is to 21 Note, Limits on Legislative Terms: Legal and Policy Implications, 28 Harv. J. Legis. 569, 586–87 (1991). The I hope the media get that straight. abridge their natural rights. This rotation is authoritative commentator on the Constitution, J. I'm of the opinion that, as provided by our an absurd species of ostracism—a mode of Story, similarly concluded: ‘‘the states have just as proscribing eminent merit, and banishing much right, and no more, to prescribe new qualifica- Founding Fathers, Members of Congress al- from stations of trust those who have filled tions for a representative, as they have for a presi- ready serve limited termsÐ2 years in the them with the greatest faithfulness. Besides, dent. Each is an officer of the Union, deriving his House and 6 in the SenateÐand that they can powers and qualifications from the Constitution, it takes away the strongest stimulus to pub- be dismissed by the voters at the end of those lic virtue—the hope of honors and rewards. and neither created by, dependent upon, nor control- lable by, the states.’’ J. Story, Commentaries on the terms. The acquisition of abilities is hardly worth Constitution of the United States § 626, at 101–102 (1970 As will be mentioned often in this debate, the trouble, unless one is to enjoy the satis- ed.)’’ the 104th Congress is evidence to those term faction of employing them for the good of Mr. CUNNINGHAM. Mr. Chairman, I rise in one’s country. We all know that experience limits; 52 percent of the House is serving their strong support of the Citizen Legislature Act, is indispensably necessary to good govern- third term or less. Overall, the average length ment. Shall we, then, drive experience into the constitutional amendment to provide term limits for Members of Congress. This impor- of modern service is between six and seven obscurity? I repeat that this is an absolute terms. And looking at our average age, which abridgment of the people’s rights.18’’ tant plank of our Contract With America dem- In response to the anti-federalists claim onstrates that we are serious about keeping falls just short of 51, it's obvious that most that rotation would prevent corruption, the our word with the American people: to hold a Members came to Congress after establishing federalists argued that indeed, the very pros- first-ever vote on term limits on the House themselves in the private sector. pect of reelection would provide a legislator floor. But the voters apparently aren't happy with with an incentive to be responsive to the Despite the tremendous changes in last No- these results, and in response to their de- needs of his constituents. If a legislator mands, we're here debating further limiting knows that his re-election depends on the vember's elections, many Americans are still ‘‘will of the people’’ and is ‘‘not fettered by mistrustful of Congress. Many Americans be- congressional service. any law,’’ he will serve the public well. On lieve that career legislators have too much Understandably, voters are frustrated and the other hand, if he knows that no matter power and too much at stake to make the dissatisfied with the performance of Con- how well he serves, he is precluded from re- tough decisions facing the Nation. I believe gressÐlegislative gridlock, scandals of recent election, ‘‘he will become more unambitious, our Founding Fathers never intended for years, and the size and cost of Government and regardless of public opinion. The love of Member of Congress to be a career choice. are ample reasons to earn the voters disdain. power, in a republican government, is ever Rather, they envisioned a system where peo- We have also done our part to foster their attended by a proportionable sense of de- ple from all walks of life would become in- pendence.’’19 As Alexander Hamilton simi- contempt by our increasing tendency to legis- larly remarked, ‘‘[w]hen a man knows he volved in public service for a few years, and late for the sound bite. I'm continually amazed must quit his station, let his merit be what then return to their profession or trade. Since how some Members find glory in despising it may, he will turn his attention chiefly to coming to Congress in 1991, I have always and trashing the institution in which they have his own emolument.’’20 known that I would return to the private sector, chosen to serve. As evidenced by their debate, it is clear sooner rather than later. In that respect, I am disappointed in this de- that the Framers intentionally rejected ro- On the first day of the 104th Congress, I co- bate. Members on both sides have forgotten tation in office. In so doing, it appears that sponsored both House Joint Resolution 2, the that honest men and women can disagree on they also rejected the policy underlying McCollum resolution, and House Joint Resolu- state imposed term limits. Commentators an issue of such magnitude. And while we have concluded that in view of this delib- tion 3, the Inglis resolution. I did so because were sent here to represent our constituents' erate rejection by the Framers, the quali- both of these resolutions were part of our wishes, we were also elected to exercise fications clauses can only be interpreted as a Contract With America and I believed that it some independent judgment and reasons on prohibition on the states from limiting the was part of my contract with California's 51st behalf of the Nation and her future. The Wall re-election of their congressional delega- District to bring the term limits issue to the Street Journal chart on the editorial page 21 tions. floor of the House. March 28 was unfair and misleading in this re- FOOTNOTES After a great deal of reflection, I have de- gard to Members who oppose additional term 15 Art. of Confed. art. V, cl. 2. cided that the best alternative before the limits. 16 2 Debates on the Adoption of the Federal Con- House is the McCollum amendment. Since. I My home State of Nebraska is 1 of the 22 stitution 288 (J. Elliot) (1888) (speech of G. Living- began my public service, I have consistently ston). States that have voted to impose term limits 17 stated that I believe a 12 year term limit is the Id. at 310 (speech of M. Smith). With regard to on its congressional delegation. The issue was corruption, Smith argued: ‘‘A rotation I consider as most appropriate manner to address this on the ballot in both 1992 and 1994, and my the best possible mode of effecting a remedy. The question. The McCollum amendment, as em- amendment will not only have a tendency to defeat constituents knew both times that, while I bodied in House Joint Resolution 2, would any plots which may be formed against the liberty would support certain term limits, I opposed mean a sweeping change in our political sys- and authority of the state governments, but will be the Nebraska ballot initiatives. My votes today the best means to extinguish the factions which tem, limiting House members to six terms and often prevail, and which are sometimes so fatal to Senators to two terms. and tomorrow will be fully consistent with that legislative bodies.’’ The McCollum amendment is fair and tough. position. Concerning the argument that rotation would en- I agree with the constitutional experts who courage participation in government Smith com- It is fair in that it preserves the balance of mented: ‘‘If the office is to be perpetually confined power between the House and the Senate. It conclude that limiting congressional terms to a few, other men, of equal talents and virtue, but is fair because it treats all States equally. And would require an amendment to the U.S. Con- not possessed of so extensive an influence, may be stitution, and I expect the Supreme Court will discouraged from aspiring to it. make no mistake, it is tough. Under McCol- 18 Id. at 292–93 (speech of R. Livingston). In accord, lum, those of my colleagues who have viewed later this spring or summer hold that term lim- Alexander Hamilton commented that, ‘‘It has been Congress as a career are in for a surprise. its imposed by the States are invalid. observed, that it is not possible there should be in a And just as importantly, I believe it would state only two men qualified for senators. But, sir, I urge my colleagues to support the McCol- the question is not, whether there may be no more lum amendment and support term limits. We upset any balance of power between the than two men; but whether, in certain emergencies, know that is what the American people de- States to impose limits in a patch-work fash- you could find two equal to those whom the amend- mand. We should heed their call. ion. It would be unwise and detrimental to Ne- ment would discard.*.*.* The difficulty of obtaining braska's representation in Congress to impose men capable of conducting the affairs of a nation in Mr. BARRETT of Nebraska. Mr. Chairman, dangerous times, is much more serious than the gen- I rise in support of limiting service in both the additional term limits on its small five-member tlemen imagine. Id. at 320–21 (speech of A. Hamil- House and Senate to 12 years, albeit I will delegation when other States, especially those ton).’’ vote to do so with reservations. more populous, could decide to have no limits. Also note that, as Madison made clear in Federal- ist 63, the purpose of the Senate was to provide sta- I'm proud that House Republicans have ful- Further, I believe firmly in the equality of the bility and expertise: ‘‘Without a select and stable filled yet another promise in the Contract With two Chambers established by our Founding member of the government, the esteem of foreign America by bringingÐand I stress bringingÐ Fathers. They improved upon the English powers will not only be forfeited by an unenlightened and variable policy, proceeding from before the American public a fair debate about model of an upper and lower House to estab- the causes already mentioned; but the national limiting the terms of Members of Congress. lish Chambers of equal power, with one more councils will not possess that sensibility to the opin- Our contract did not guarantee passage nor deliberative and the other more responsive to ion of the world, which is perhaps not less necessary enactment of every item. Whether term limits the mood of the country. in order to merit, than it is to obtain, its respect and confidence. The Federalist No. 63, at 422 (J. pass on Thursday afternoon or not, this de- I can realistically look at this point in my life, Madison) (J. Cooke ed. 1961).’’ bate is a tribute to Speaker GINGRICH, the Re- and service in the House, and say that should H 3928 CONGRESSIONAL RECORD — HOUSE March 29, 1995 additional term limits as now discussed be im- H.J. RES. 73 ‘‘ARTICLE — posed, they will not have an impact on me. Resolved by the Senate and House of Rep- ‘‘SECTION 1. No person who has been elected Therefore, it is with no self-interest or self- resentatives of the United States of America in to the Senate two times shall be eligible for preservation in mind that I say that there are Congress assembled (two-thirds of each House election or appointment to the Senate. No concurring therein), That the following article serious drawbacks to term limits. person who has been elected to the House of is proposed as an amendment to the Con- Representative six times shall be eligible for And most certainly, I think it is a disservice stitution of the United States. election to the House of Representatives. to the electorate if these drawbacks are not ‘‘ARTICLE — ‘‘SECTION 2. Election as a Senator or Rep- thoroughly understood and part of the public ‘‘SECTION 1. No person who has been elected resentative before this Article is ratified debate. These include: for a full term to the Senate two times shall shall be taken into account for purposes of Additional congressional term limits will limit be eligible for election or appointment to the section 1. Any State limitation on service for the voters right to chose their representation. Senate. No person who has been elected for a Members of Congress from that State, Term limits assume that new is always better full term to the House of Representatives six whether enacted before, on, or after the date of the ratification of this Article shall be and, unlike other vocationsÐand I am talking times shall be eligible for election to the House of Representatives. valid, if such limitation does not exceed the about the citizen legislator as a vocationÐthat ‘‘SECTION 2. No person who has served as a limitation set forth in section 1.’’. experience does not make for a better legisla- Senator for more than three years of a term Mrs. FOWLER. Mr. Chairman, I tor. Also, term limits would, without doubt, put to which some other person was elected shall claim the time in opposition to the much more power into the hands of non- subsequently be eligible for election to the amendment offered by the gentleman elected congressional staff, bureaucrats, and Senate more than once. No person who has from Florida [Mr. PETERSON]. special interest lobbyists. Those are not tired served as a Representative for more than one year shall subsequently be eligible for elec- The CHAIRMAN. Pursuant to the arguments, and they should not be dismissed tion to the House of Representatives more rule, the gentleman from Florida [Mr. out of hand. than five times. PETERSON] will be recognized for 30 It is, at best, a toss up of whether term lim- ‘‘SECTION 3. This article shall be inoper- minutes, and the gentlewoman from its, had they been in place, would have solved ative unless it shall have been ratified by the Florida [Mrs. FOWLER] will be recog- the problems that have generated the public's legislatures of three-fourths of the several States within seven years from the date of nized for 30 minutes. frustration with Congress. Operational and The Chair recognizes the gentleman procedural reforms in the institution of Con- its submission to the States by the Congress. ‘‘SECTION 4. No election or service occur- from Florida [Mr. PETERSON]. gress itselfÐwhich we now have begun to ac- ring before this article becomes operative Mr. PETERSON of Florida. Mr. complish under Republican leadershipÐand shall be taken into account when determin- Chairman, I invite everyone to study campaign finance reform are just two areas ing eligibility for election under this arti- closely the Peterson-Dingell amend- cle.’’ where directing our effort could make more ment. certain and better changes. The CHAIRMAN. No amendments to As the gentleman from Illinois [Mr. Having said all this, I will, as I stated at the the joint resolution are in order except HYDE] so eloquently put it today, we beginning of these comments, vote to limit the amendments specified in House Re- see signs all over the Hill today saying, congressional service. port 104–82, which shall be considered ‘‘Term limits, yes.’’ What they fail to I will vote to respect the will of the American in the order specified in the report, say is, ‘‘Term limits now.’’ That is people, who have given strong indication that may be offered only by the Member what this amendment is all about. designated in the report, may be con- additional term limits is their desire. I'll also I want to go back though through a sidered notwithstanding the adoption exercise my personal judgment for the coun- lot of the general debate we had, a lot of a previous amendment in the nature try, however, that anything less than 12 years of people talking about what was the of a substitute, is considered read, is is unrealistic, and the same limits must be im- reason why we are doing term limits. I debatable for 1 hour, equally divided posed on both House Members and Senators have my own thoughts on that, and and controlled by the proponent and an from all 50 States. may I relate that to my colleagues? opponent of the amendment, and is not I urge my colleague to join me in voting for Virtually every Member of this subject to amendment. the McCollum 12-year limit. House has run against the House to get If more than one amendment is Mr. BALLENGER. Mr. Chairman, the con- elected, as have all the candidates as cept of term limits, while at least as old as our adopted, only the one receiving the greater number of affirmative votes well. We have had scandals galore, we Government itself, has been repeatedly re- have had gridlock, we have had per- jected by complacent Members of Congress shall be considered as finally adopted. In the case of a tie for the greater sonal attacks on this floor, and we whose tenures have lasted as long as 53 have had, yes, unfair rules, and the years. Unfortunately for these career politi- number of affirmative votes, only the last amendment to receive that num- people out there understand this. They cians, Congress can no longer ignore the understand that the sitting members Americans voter's profound and growing de- ber of affirmative votes shall be consid- ered as finally adopted. are the ones that are accountable, and sire for a true citizen-legislature that is in- that is what this amendment is all tended to serve the people in a better, more The Chair, in addition, also an- nounces that under rule XIV, clause 6, about. responsive manner. Since 1990, 22 States the proponent of each amendment My amendment is a 12-year limit, have imposed their own term limits, 21 made in order under the rule will have much like H.R. 73. It also allows a through voter initiatives, and polls consistently the right to close debate since the State preemption as long as they do show public support at as high as 80 percent. measure under consideration has been not exceed the 12 years, and, as I say Though it is clear why career politicians do not reported from the committee without a and repeat, it is the only amendment wish to place limitations on themselves, it is recommendation. that has immediacy, retroactivity. It time to obey the will of the American public. It is now in order to consider amend- applies immediately upon the ratifica- With much of the Contract With America com- ment No. 1 printed in House Report tion of the amendment in the United pleted, this is one more opportunity to show 104–82. States. our commitment to those who elected us and AMENDMENT IN THE NATURE OF A SUBSTITUTE Mr. Chairman, I reserve the balance to respond to the change they demanded on OFFERED BY MR. PETERSON OF FLORIDA of my time. November 8. By passing term limits and put- Mr. PETERSON of Florida. Mr. Mrs. FOWLER. Mr. Chairman, I yield ting the interests of our constituents before our Chairman, I offer an amendment in the myself such time as I may consume. own, we can institute the concept of the citi- nature of a substitute. (Mrs. FOWLER asked and was given zen-legislature that our Founding Fathers envi- The CHAIRMAN. The Clerk will des- permission to revise and extend her re- sioned over 200 years ago. ignate the amendment. marks). The CHAIRMAN. All time for general The text of the amendment in the na- Mrs. FOWLER. Mr. Chairman, I rise debate has expired. Pursuant to the ture of a substitute is as follows: in strong opposition to this amend- rule, the joint resolution is considered Amendment in the nature of a substitute ment. While I have the greatest respect as having been read. offered by Mr. PETERSON of Florida: Strike for my fellow Floridian, I think his The text of House Joint Resolution 73 all after the resolving clause and insert the amendment is out of step with what is as follows: following: the American people want. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3929 The American people want term lim- but they actually went the other way and it is upon all of us because that is its. They want them now. And they and grandfathered the incumbent. what the situation is. want them to apply to incumbents. Also keep in mind that article 1, sec- Let us reflect a bit on what we have: And the three Republican-offered tion 9 of the Constitution states, ‘‘No First of all, it will be 5 to 7 years be- amendments do all of these things. bill of attainder or ex post facto shall fore term limits are approved by the Let me say that again: All three Re- be passed.’’ Any retroactive action vio- States. Then it will be an additional 6 publican-offered amendments apply to lates the spirit of the Constitution it- years or an additional 12 years. So we each and every one of us who are here self. are now up to somewhere between 11 to now. They treat us no differently than This amendment is offered and sup- 19 years before term limits will go into any other person who might run for of- ported by the most vocal opponents of effect. The newest of the new Members fice—neither preferentially nor puni- term limits. will at the time that term limits have tively. The term limits movement is Every major proponent of term lim- gone into effect have served probably not motivated by a desire to be puni- its opposes the amendment—Mr. as much as 20 years. During that time tive. MCCOLLUM, Mr. INGLIS, Mr. HILLEARY, they would have achieved all of the Supporters of this amendment cite and myself. It is also opposed by grass- emoluments of long-term service, and, poll numbers that they claim show a roots supporters of term limits: the if a Member who serves here for a long majority of the American people sup- Term Limits Legal Institute, the time is achieving some measure of cor- port retroactive term limits. Christian Coalition, Citizens Against ruption by having so done, they will I say, let us look at the most accu- Government Waste, the National Tax- become amongst the most corrupt then rate polling data—elections. Twenty- payers Union, United We Stand, and of the Members. two States have put term limits ques- the American Conservative Union. Now here is again what happens with tions on the ballot, and not one of A vote for the Peterson-Dingell- regard to term limits under the Con- them adopted retroactive term limits. Frank amendment is a vote against tract With America: Keep in mind, these were all citizen term limits. I urge Members to vote Years of service. At the time this initiatives drafted by the people them- ‘‘no’’ and support any of the three real goes into effect, instead of having selves. Only once—in Washington term limits amendments that will fol- served 40 years, I will serve 59 years. State—did anyone even try to impose The gentleman from Georgia [Mr. low. retroactive limits, and that bill was GINGRICH] under the McCollum- Mr. Chairman, I reserve the balance soundly defeated. It appeared on the Hilleary amendment will have served of my time. ballot the next year without retro- 36 years, almost as long as I have Mr. PETERSON of Florida. Mr. activity and passed. This amendment served today. The gentleman from Mis- Chairman, I yield myself such time as would force Washington State to make souri [Mr. GEPHARDT] 38 years; the gen- I may consume for just a reply to my their term limits retroactive. tleman from Texas [Mr. ARMEY] 30 colleague the gentlewoman from Flor- Members should also know that this years; the gentleman from Michigan ida. amendment is poorly drafted. [Mr. BONOIR] 38 years; the gentleman This is a real amendment. This is the The first part of section 2 declares from Tennessee [Mr. HILLEARY] and all that any prior service will count toughest amendment. This affects of his class will have served 20 years. against the limit. In other words, it is every sitting House Member. This is a They will have achieved the status of retroactive. cop-out if anybody walks away from old bulls. They will have served here a The very next sentence is the States this. long time. rights clause, declaring that the Mr. Chairman, I yield 3 minutes to Now I say to my colleagues, con- amendment respects all the State laws. my friend, the gentleman from Michi- template yourself going home and try- The problem is, as I mentioned ear- gan [Mr. DINGELL]. ing to explain to the people that you lier, not one of the States wanted ret- (Mr. DINGELL asked and was given serve. ‘‘I’m for term limits,’’ you say, roactive term limits. Every single permission to revise and extend his re- and they say, ‘‘Hooray,’’ but you don’t State term limits law was drafted spe- marks.) tell them that you are for term limits cifically to be prospective. Mr. DINGELL. Mr. Chairman, this is which will begin somewhere between 13 This amendment preempts the pro- the real thing. I say to my colleagues, and 20 years from today. It’s pretty spective nature of all 22 State term if you’re for term limits, you’re for this hard to say that you are expecting that limits laws and forces them to accept amendment. If you’re not for this people are going to believe you if they retroactivity. All the while pretending amendment, you’re not for term limits. know the facts as to whether you’re to be respectful of States rights. What this says is that term limits go really for term limits or opposed. The The 22-State term limits laws are not into effect immediately upon the rati- hard fact is, if you don’t vote for the identical. Some are 6-year limits on fication of this amendment if the amendment which is cosponsored by House Members, some are 8, some are States act upon it. A large number of the gentleman from Florida [Mr. PE- 12. Some are lifetime bans, others are Members will depart. If that is the will TERSON], the gentleman from New York not. The one feature that is consistent of this body and the will of the people, [Mr. ENGEL], the gentleman from Illi- through all the States is the prospec- then so be it. I, as the dean of the nois [Mr. GUTIERREZ], the gentleman tive nature of their term limits laws. It House, will be amongst the first to go. from Texas [Mr. BARTON], and I, you’re is the one feature that this amendment Many of my colleagues think that this voting for something which essentially seeks to undo. is just fine because, ‘‘It’s not going to is an illusion. It is, in fact, regrettably Members should feel comfortable re- affect me in the immediate future.’’ something which deceives the average jecting this amendment based solely on The answer to all of this is that imme- person because you will never make a its schizophrenic nature and poor diately, upon the adoption of this person believe that you are out to drafting. amendment, if you have served your 12 clean up a situation with which you Members should also keep in mind years, you will be ineligible for reelec- say they find fault if you don’t vote to that we are hardly breaking new tion. make this of immediate effect. ground here. There is already a term A lot of people think that the people What this says is that immediately limits amendment in the Constitution. are in favor of term limits. If they, in upon ratification term limits goes into The 22d amendment limits the Presi- fact, are in favor of term limits, they effect. Under McCollum-Hilleary it will dent to two terms. That amendment are in favor of this amendment because go in somewhere between 17 and 19 states, ‘‘this Article shall not apply to it is immediate, and the polls so show. years in the future, and under Inglis, any person holding the office of Presi- If the Members are trying to identify somewhere between 11 and 13 years. My dent when this Article was proposed by whether people are angry with them, counsel for my dear colleagues is, ‘‘If the Congress.’’ Not only did Congress and with whom they are angry, and on you want to be judged fairly as having reject the idea of retroactivity when it whom they want term limits, my col- been somebody who believed in what came to term limits for the President, leagues, it is upon you, it is upon me, you did and believed in what you said, H 3930 CONGRESSIONAL RECORD — HOUSE March 29, 1995 vote for the Peterson-Dingell sub- strained by it, and the Republicans sought vig- Eight out of ten Americans support stitute, vote for a real honest limita- orously to find away around it for the patron term limits, yet, for years the Demo- tion on term limits, and then go home saint of their party, President Reagan. crat-controlled Congress ignored the and justify what you have done.’’ One of the major arguments for adopting a will of the people and in their arro- Mr. Speaker, George Santayana once said term limits constitutional amendment is be- gance, refused to even debate the issue. that, ``Fanaticism consists of redoubling your cause its popular. We have been bombarded But, when the American people swept a efforts when you have forgotten your aim.'' by reports in the press that up to four out of new majority into the House for the This point seems particularly relevant today. five Americans wants term limits. If any of my first time in 40 years, Democrats You might recall that in 1947, a constitutional colleagues are basing today's decision on scrambled for a purely political posi- term limit on Presidents was ratified by a Re- popular opinion polls, I feel it is my duty to in- tion. And retroactivity is the rock they publican Congress, which had been entrusted form you of one fact: that same majority wants are hiding under. Members on the other by the American people to make the difficult congressional limits applied to you. side of the aisle have wrapped them- decisions necessary to move our Nation for- Only the Peterson-Dingell amendment gives selves in the banner of term-limits and ward in the postwar era. In reality, the 22d Members a chance to avoid the charge of hy- proclaim themselves as having the only amendment was a Republican attempt to get pocrisy by addressing immediacy; in other consistent position: applying term lim- even with Franklin Roosevelt and the New words, the immediate application of all time its retroactively. Deal. served by sitting Members of the House and But as the term-limit debate has un- Almost a half century later, we find a Re- Senate. The Peterson-Dingell amendment is folded this year, I realize that many of publican Party still spooked by FDR's legacy, simple: apply to yourself that which you would those who most vigorously support ret- and 40 years of progress under a Democratic apply to others. Under the amendment, all roactive term limits are the very same House. Showing a renowned lack of original- service counts, whether you're in your first Members who worked to block consid- ity, they have dusted off term limits as part of term or your 20th term. In the 104th Congress, eration of term limits in the past. their new agenda in the Contract With Amer- this means that 157 House Members would be Because I wanted to know what my ica, this time to limit the length of service for ineligible to run for another term if Peterson- colleagues had previously said about Members of Congress. I am pleased that, de- Dingell were ratified today. A list of those making term limits retroactive, I went spite the inclusion of term limits in the con- Members is available for those who wish to through the transcript of the hearings tract, that this plank is in trouble because of consult it. In addition, 67 Senators could never held in the last Congress—the 103d Con- opposition from Republicans and Democrats. again run for the U.S. Senate under the Peter- gress—on term limits. Mr. Chairman, I These are Members on both sides of the aisle son-Dingell amendment. could not find any reference by my col- who share a faith in the ability of Americans As some of your might guess, I must con- leagues to applying term limits retro- to make up their own minds when they go to fess that Senate term limits would trouble me actively. the polls. quite a bit less than House term limits. Twenty-two States have passed term Those who charge that retroactive term lim- It was expressed in earlier debate that Pe- limits, yet not one State has made its are unfair may recall that President Truman terson-Dingell might lead to a very disorderly term limits retroactive. In fact, only was grandfathered from the 22d amendment. transfer of power. However, a look at recent one State has put a retroactive term At the time, the Republicans did not want to history shows that chaos is unlikely. In fact, limit on the ballot, Washington State, appear too partisan by attacking Truman. the House has just completed a transfer of and that initiative was defeated. Why? For them, the pleasure came in attacking power between the parties, and the Republic Because the voters are smarter than his deceased predecessorÐwho was elected is still in tact. In 1993, 11 freshman Members the retroactivity proponents think to the Oval Office four times and is viewed by took seats in the 103d Congress. So 157 re- they are. The voters know that this is most historians as among our best Presidents. tirements would not be devastating on a nu- a debate about principle, not personal- Despite the Republican special exemption merical basis. As I have long stated, the loss ity. The voters are not looking to send given to President Truman, he limited his own would be in terms of legislative experience half this Congress home next year service and chose not to run for reelection in which would empower bureaucrats, lobbyists, automatically—through retroactive 1952. and congressional staff to make decisions term limits. The voters are looking to In the spirit of this Truman exemption, the made today by all of us, who are held ac- ensure that the abuses wrought in past Republican leadership has presented us with countable by the people every 2 years. Congresses by too much seniority— four amendments under a closed rule. Three It's no secret. I oppose term limits. Why? ranging from the post office scandal to of these choices exempt the service of current Because I believe in the power of democracy, the national debt—can never happen Members of Congress, so that when this de- the sanctity of the ballot box, and most of all, again. bate is over, the Speaker will have the chance the ability of voters to decide for themselves As this debate began, I considered to serve almost as long as I have. This is be- who will best represent them. I am joined by the principle of retroactivity very cause under the main amendment, it could like-minded people from both sides of the carefully. I looked at both pros and the take another 19 years before any constitu- aisle, Republicans and Democrats who under- cons. I looked at what the voters have tional amendment would completely remove stand that term limits would imperil democ- done in 22 States already. But when I current Members of the House. racy. However, if in a rush for results, we de- looked at who was pushing retro- Mr. Speaker, beside me is a partial list of cide to impose congressional term limits to ad- activity the hardest, I realized it was current Members who would be forced into re- dress problems better solved through mean- the same people who tried to kill term tirement the Peterson-Dingell amendment ingful campaign finance reform, we have a limits in the past. Retroactivity is a were ratified by the States today. As you can duty to approve a constitutional amendment stumbling block that has been thrown easily see, it limits all sorts of people from which is free from hypocrisy. The other up to stop term limits. Members who both side of the aisle. amendments cast a shroud of self-interest oppose term limits have dressed them- To give a little more perspective, in 2014, over the Constitution. There is only one selves in the proverbial sheep’s cloth- that would give me just over 59 years of serv- amendment which puts truth in term limits. ing in an attempt to suppress the will iceÐif I run and the people of Michigan's 16th Vote only for Peterson-Dingell. of the people. Congressional District so choose. The Speak- Mr. Chairman, term limits will re- er would have 36 years under his belt, al- f store the idea of a citizen legislature to though not all of those could be as Speaker, this Congress. It will forever block the b since under the new House rules, he is under 1600 excesses of seniority that have marred a self-imposed term limit of four consecutive Mrs. FOWLER. Mr. Chairman, I yield this House and robbed the people of terms that will force him to leave the Speaker- 2 minutes to the gentlewoman from their faith in their Government. ship for a 2-year sabbatical every 8 years. Utah [Mrs. WALDHOLTZ]. If term limits fails in the House this Santayana also observed that those who fail Mrs. WALDHOLTZ. Mr. Chairman, it day, it will not be because of the over- to learn from history are condemned to repeat is time to expose those who now pi- three-fourths of Republicans who will it. Today's debate fulfills that prophecy. When ously stand as would-be term-limit vote for it. It will be because of those one examines the history of the Presidential martyrs. I stand as an unquestionable on the other side who hope to regain term limit. Moreover, only two PresidentsÐRe- supporter of term limits, and as unal- and hoard their political power and se- publicansÐhave found themselves con- terably opposed to this amendment. niority, and who are now seeking to March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3931 save their own political image. I urge amendment, they will not apply for re- to, if not in excess of, one-half of the my fellow Members to reject this false election in their primaries in the Members of this House leaving at one attempt to kill term limits. Let us lis- spring of 1996. They would not be al- time. ten to the people who sent us here and lowed to. Term limits should be phased in. pass the term limits that they have Term limits are an issue which needs That is why they have been made pro- passed. Vote ‘‘no’’ this substitute and to be debated on the floor of the House spective in every single State that has vote ‘‘yes’’ on final passage of term of Representatives. We should com- enacted term limits, and that is why limits. mend the Republican leadership for they should be made prospective only Mr. PETERSON of Florida. Mr. doing that. We should commend the as we vote on them in this House of Chairman, I yield myself such time as Republicans like the gentleman from Representatives as well. I may consume. Florida [Mr. MCCOLLUM] and the gen- Mr. Chairman, I urge my colleagues Mr. Chairman, there have been four tleman from South Carolina [Mr. to reject what is a sham, and I urge ev- national polls on term limits in the INGLIS], and others who have worked so eryone to look at who votes for real past 4 or 5 months, and all have over- hard to bring the issue before the term limits on the final vote today to whelmingly supported retroactivity. American people. tell you who really supports them. Mr. Chairman, I yield 3 minutes to Mr. Chairman, I would hope that all Mr. PETERSON of Florida. Mr. the gentleman from Texas [Mr. BAR- Republicans would vote for this sub- Chairman, I yield 2 minutes to the gen- TON]. stitute because again, it solves the tleman from Illinois [Mr. GUTIERREZ]. (Mr. BARTON of Texas asked and problem that term limits are supposed Mr. GUTIERREZ. Mr. Chairman, I was given permission to revise and ex- to solve. It affects us in this body often hear Republicans say we need tend his remarks.) today. Today. And if we are not willing term limits because ‘‘It’s time to clean Mr. BARTON of Texas. Mr. Chair- to vote for this, unless you are willing out the barn.’’ I have never said that in man, I rise in support of the Dingell- to limit yourself individually, like the a campaign. First of all, in Chicago I Peterson amendment, and I want to gentleman from South Carolina [Mr. am not sure what kind of response we make several things absolutely crystal INGLIS] is, then you are really not a would be getting because there are not clear. supporter of term limits. a lot of barns. Maybe in Chicago we No. 1, I drafted this amendment as Mrs. FOWLER. Mr. Chairman, I yield would say something like ‘‘It is time to the Barton amendment, not knowing 2 minutes to the gentleman from Vir- shovel the snow off the street.’’ that the gentleman from Michigan [Mr. ginia [Mr. GOODLATTE]. When I hear someone say ‘‘We need DINGELL] and the gentleman from Flor- Mr. GOODLATTE. Mr. Chairman, I to clean out the barn,’’ it sounds like ida [Mr. PETERSON] had already drafted thank the gentlewoman for yielding. something that is awfully important, the amendment. When I found out that Mr. Chairman, I rise in strong sup- not a few years down the road, but they had already presented it to the port of term limits, but I am not going today, right now. And it should not Committee on Rules, I asked if I could to participate in what I perceive to be wait until you have sold the farm and add my name to the bill. But I had a sham, in suggesting that after we turned over the cleaning to someone drafted the identical amendment that have had term limits adopted by the else. is before us, so I do not consider this to people of 22 different States and all of So I do not understand when those be necessarily the Democratic amend- them have adopted them without retro- who have been in Congress for 12, 20, 25 ment. activity, that somehow people want to years say they support term limits, but No. 2, if this passes, I am going to have retroactive term limits. In fact, they plan to stick around Washington vote for it on final passage. I am not the proof is in Washington State. The just a little bit longer, because these doing this simply as some sort of sub- voters there had term limits offered to are the same folks that said ‘‘We have terfuge. I am doing it because, as has them with retroactivity. They rejected got to clean out the barn.’’ been pointed out repeatedly on the them, brought them back 2 years later Fine, grab a broom, clean out the floor this afternoon, overwhelming without a retroactive provision, and barn. But what happens when it turns numbers of American citizens support they passed them. out that you are the one who is making term limits. They happen to think that Mr. Chairman, let us not fool our- the mess? What happens when you look if we pass a term-limit bill, it should selves. This is an effort to provide at your own resume and realize that be effective immediately, not 12 years cover for people who do not truly sup- you have been here for 12 years or more from now, not 19 years from now, that port term limits. If you do not believe and your limit is up? Well, then you it should be effective immediately. it, look and see what they do on the better get out of the barn, too. Now, I have the greatest respect for final vote for final passage of a con- That is what the Dingell-Peterson people like the gentleman from Flor- stitutional amendment for term limits. amendment does. It turns term limits ida, Mr. BILL MCCOLLUM, and the gen- They are not going to vote for it unless from rhetorical cheap shot into real tleman from South Carolina, Mr. BOB it has this retroactivity in it, when, in change. Retroactivity, Mr. Chairman, INGLIS, who have steadfastly for many point of fact, term limits will apply cleans out the barn now. years campaigned on term limits and going forward prospectively anyway. Look, this amendment is not a cheap support term limits and say they are Why not support it even if you do not shot. It is not a threat to you or any- going to abide by their self-imposed get your retroactivity that you seem one else. It is an opportunity for every- limit whether the Congress passes any- to want to have, when you can still im- one, an opportunity to prove that you thing or not. So I think they are to- pose term limits on yourself if you are are serious. tally sincere. But the bills they are a Member of Congress? Now, if you still want a 12-year limit supporting do not take effect imme- Now, the reason why retroactive and you have been here more than diately. term limits are a bad idea is very sim- that, there is a very simple option. There is only one bill that automati- ple: We hear those who oppose term There is the door. It is very easy to get cally takes effect immediately. That is limits all the time telling us we should to National Airport. It takes about 10 this one and, you can perhaps make the not lose the institutional memory of minutes from here. And if you are a argument, the bill of the gentleman this House of Representatives. Yet Member of Congress, they have even from Tennessee [Mr. VAN HILLEARY], they want to turn around and in one got a free parking lot there for you. which gives the States the right to set single election cycle, turn over half of You know, people say that they are a term-limit bill that would be effec- the membership of the House of Rep- opposed to retroactivity because the tive immediately. resentatives, and you take those who people are not for it, and as evidence If there is a problem that term limits have been here more than 12 years, add for this they point to various polls. is the real solution to, the problem is to those who will voluntarily leave, as Well, Mr. Chairman, in a recent CNN- current Members of Congress that have many Members do before they ever get USA Today-Gallup poll, respondents already been here too long. This is the to term limits, add to that those who were asked, if there is a 12-year term only vote that affects those people are defeated and those who run for limit for Members of Congress, do you today. If we pass the Dingell-Peterson other offices, and you will have close think Members should be allowed to H 3932 CONGRESSIONAL RECORD — HOUSE March 29, 1995 run for another 12 years in office, or submit, however, that for most of us it quoted as stating that retroactive term should current Members who have been takes a few years to really do this very limits would violate the American in Congress 12 years not run again? tough job, and even more to do it well. sense of fairness and change the rules Seventy-one percent of the respond- So one more time, do not leave our in the middle of the game. Let me sub- ents replied that such Members should Government in the hands of the mit to you that any term limit changes not be allowed to run again. Mr. Chair- unelected. Experience is necessary, and the rules in the middle of the game. man, if we are going to put our faith in citizens in each district have the good And speaking to the freshman, how is polls, we should put our faith in all the sense and, indeed, the responsibility to it fair that we perpetuate the seniority polls and be consistent. know there is a difference. system? Mrs. FOWLER. Mr. Chairman, I yield A last point, not from Robert Living- Mrs. FOWLER. Mr. Chairman, I yield 4 minutes to the gentleman from Cali- ston, but from myself. I will not vote 2 minutes to the gentleman from Mas- fornia [Mr. LEWIS]. for the retroactive amendment because sachusetts [Mr. TORKILDSEN]. Mr. LEWIS of California. Mr. Chair- I do not believe in term limits. I be- Mr. TORKILDSEN. Mr. Chairman, I man, I very much appreciate my col- lieve in the people’s government that is thank my colleague and friend, the league yielding this time. She knows the result of the people’s choice. If ap- gentlewoman from Florida [Mrs. FOWL- my general position on term limits and plied retroactively, this proposal would ER] for yielding time to me. is most generous in offering that time. overnight eliminate from the House Mr. Chairman, I rise today in opposi- Term limits, my colleagues, were a the likes of HENRY HYDE, Speaker tion to this amendment, which is a part of the Articles of Confederation. NEWT GINGRICH, RICHARD GEPHARDT, charade. During the debates leading to ratifica- LEE HAMILTON, and, yes, even our own Caveat Emptor. Let the buyer be- tion of our Constitution, our Founding BOB LIVINGSTON, giants of our time ware. We should all beware of this Fathers soundly rejected that idea. without whose leadership and dedica- amendment, given that two of its three Today term limits as a populist issue tion the people’s House would be se- sponsors oppose any and all term lim- has come about because of a deep-seat- verely diminished. its. Given their opposition, why would ed frustration that has boiled over be- But if you, my colleagues, happen to they offer a trojan horse limit? Simply cause of the people’s sense that their be one of those who is considering to put, to scuttle any chance of term lim- Congress was not responding to the vote for term limits, I would suggest in its passing in this House. public’s priorities. all sincerity that you ought to go down The only term limit amendment de- During the last two elections, that the hall and take a look in the mirror. bated and passed by Congress was in same public reflected by their actions Look very closely. Are you sure you the Republican 80th Congress in 1947. that the genius of our Founding Fa- are not just reacting to the fear of a This term limit became known as the thers continues to work in our system. populist firestorm and, in doing that, 22d amendment. It was specifically not They simply decided to throw many of you have traded in your responsibility retroactive, and specifically excluded the rascals out. Today over one-half of in this body to lead. my conference is made up of people the sitting President of the United b who have been here essentially 2 years 1615 States—Harry S. Truman. For very or less. Mr. PETERSON of Florida. Mr. logical reasons, a precedent was estab- With that in mind, let me share with Chairman, I yield 1 minute to the gen- lished when Congress voted against ret- you the words of one of those early tleman from Texas [Mr. BENTSEN]. roactive term limits in 1947. founders. ‘‘The people are the best (Mr. BENTSEN asked and was given I oppose retroactive laws in general, judges of who ought to represent them. permission to revise and extend his re- as I opposed President Clinton’s retro- To dictate and control them, to tell marks.) active tax increase in 1993. Personally, them whom they ought to elect, is to Mr. BENTSEN. Mr. Chairman, first I pledged, prior to my election in 1992, abridge their natural rights.’’ He goes let me state for the record that the that I would voluntarily serve no more on to say, ‘‘We all know that experi- voters of Houston have voted twice for than six terms, so retroactivity will ence is indispensably necessary to good retroactive term limits. I think some not affect my length of service. government. Shall we, then, drive expe- of the speakers should do their re- Of the 22 States whose voters have rience into obscurity? I repeat, this is search so that they know that. Twice passed term limits, none—I repeat, an absolute abridgement of the people’s they voted for retroactive term limits none—have imposed them retro- rights.’’ That quote is from Robert Liv- and the city of Houston continues to be actively. Clearly, the voters of 22 ingston during the New York debates strong and vibrant. States have spoken on the issue of on ratification of our Constitution. My colleagues, if we feel compelled retroactivity. Robert Livingston, reflecting the ge- to change the Constitution,which has Serving in Congress should not be a nius of our earliest leaders, made two worked effectively for over 200 years, in lifetime career. I urge my colleagues to points which I wish to emphasize. order to limit the people’s right to vote against this charade of a sub- First, the people’s right to choose choose their representatives, then we stitute, and vote for genuine term lim- should not be abridged. Term limits must do so not haphazardly, but fully. its. today reflects the people’s frustration It is hypocritical of this House to say Mr. PETERSON of Florida. Mr. with Members elected in other people’s it is for term limits, and yet give mem- Chairman, I yield 1 minute to the gen- districts. Today in America people bers 6, 12, or 24 more years in Congress tleman from Alabama [Mr. BROWDER.] across the country essentially want as House Joint Resolution 73 and the Mr. BROWDER. Mr. Chairman, I rise their own Member to remain in Con- other substitutes would do. in support of retroactive term limits. gress. Let us not detract from the peo- What is the point of term limits if As a matter of fact, Mr. Chairman, I ple’s right to choose whom they wish they do not take effect immediately? am going to vote for anything up on to serve as their Representative. Why should my friend, the chairman of that board regarding term limits and Livingston’s second point, experience the Ways and Means Committee, who for final passage. is a necessary ingredient in our rep- hails from the great State of Texas, Last year, when we were closing the resentative system. That is very fun- who was first elected when I was 11 term and I saw that we were not going damental to our work. Without it, we years old, be given 12 more years? Thir- to pass campaign reform, we were not completely turn our Government over ty-six years is a career to many Ameri- going to pass lobby reform, I decided if to the unelected bureaucrat. cans. we are not going to change the way we I do not know about you, but it took I do not want to single out my fellow do business around here, then maybe this Member a few years to really un- Texans. Many Members on both sides term limits is a good idea. And I think derstand the challenges involved in of the aisle could be examples of the that is true today. making the people’s government work. folly of House Joint Resolution 73. I look around on the agenda. I do not Maybe some of my colleagues were Rather, I do so out of fairness. see cleaning up the way we do things struck with inspired genius the day I further notice that one of the advo- around here with lobby reform or cam- they were elected to office. I would cates of House Joint Resolution 73 was paign reform. I do not even see it on March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3933 the horizon. So let us do something dif- thers had in mind. But like many other port term limits that are for this sub- ferent. Let us vote for term limits and bills, that has not reached the floor. stitute. Every other one is opposed, am let us make them retroactive. My legislation would apply to all of I not correct? Name another one. Mrs. FOWLER. Mr. Chairman, I yield us in this Congress and would be retro- Mr. PETERSON of Florida. There are 2 minutes to the gentleman from Indi- active. Every single day of this 104th at least 40 Members on this side. If I ana [Mr. SOUDER]. Congress has started with a Republican can name them, I have got a list. It Mr. SOUDER. Mr. Chairman, as For- telling America that under the new re- was printed in the Roll Call this morn- rest Gump might say, the Democrats gime Congress will be required to ‘‘live ing. And so it is public knowledge. We are like a box of chocolates, you never under the same laws as every one else.’’ are not alone, and this should not be a know what you are going to get. I think it is time to make this law partisan issue. It is only partisan be- But unlike Forrest Gump, the Amer- apply to every one in this House. cause it was printed as part of a con- ican people are not gullible enough to If we are going to talk about congres- tract that you all signed. believe that the Democrats are taking sional accountability, it should be ap- Mr. INGLIS of South Carolina. Mr. this amendment and proposal seri- plied to term limits as well. Chairman, reclaiming my time, it is a ously. This is how the Democratic- I think the American people deserve very important point to make, though, sponsored proposal will affect House some political genuineness in this. I with all due respect, that one of the Democrats: 82 of them can just resign am afraid that with the retroactive chief authors of this, and I think every- right now. Under this amendment, 82 of issue being left out of the debate, that one who has spoken on the floor, with them would no longer be here. Thirty there is a great deal of political dis- the few exceptions you have named by should have left 8 years ago at least. ingenuousness. So I rise in support of name, are adamantly and fundamen- Even two of the proponents of this ret- the Dingell-Peterson substitute, cer- tally opposed to term limits. So it does roactive proposal have been in Con- tainly in terms of the legislation that not take a rocket scientist to figure gress longer than 12 years and thus will I sponsored in the 104th Congress, and I out what is going on here. be ousted by their own proposals. urge my colleagues on both sides of the This is designed to be a poison pill in One sponsor has served 40 years. He is aisle to vote in favor of congressional two ways. The point is, it is a poison accountability and term limits for pill for the Senate and for the State like 31⁄2 Congressmen. When you go out and talk to the average people, they every one here and retroactivity. legislatures. It is very important that Mrs. FOWLER. Mr. Chairman, I yield we defeat this substitute. understand the hypocrisy of this par- 3 minutes to the gentleman from South There is another important point to ticular amendment since we have not Carolina [Mr. INGLIS]. make here. That is, we are talking here had a first hearing on term limits in Mr. INGLIS of South Carolina. Mr. about the Democratic alternative. I see the House until November 1993. They Chairman, I thank the gentlewoman my good friend from Massachusetts have been opposed by the prior leader- for yielding time to me. here, the batter on deck, to get ready ship. I would rise to make two observa- to speak. I would point our that we During the 40 years prior to that tions. First, it is very important for ev- needed to have more Republican votes. hearing there was never a single vote eryone to realize that every single per- It is a very interesting situation here. on term limits. The former speaker son speaking in favor of this particular Eighty percent of the American people even sued his own constituents on the substitute is opposed to term limits favor term limits; 80 percent of the Re- term limit law. with the exception, I believe, of the publican conference favors term limits I, like other of my freshman col- gentleman from Florida [Mr. PETER- and will vote for it today. leagues, have made a pledge. We will SON]. Every other person who has spo- If the Democratic caucus would sim- only serve 12 years, whether or not ken is against term limits. ply vote by the same margins and rep- Congress passes an amendment. We are That makes an important point. In resent America, we would have term not just voting; we are actually acting. fact, with all due respect to the gen- limits by the end of the day. But the I challenge others who plan to vote for tleman from Michigan [Mr. DINGELL], fact is the Democratic caucus will not this amendment, as I plan to do, to act, earlier I asked him on the floor to yield represent America at the end of the not just talk. People are tired of politi- and he was gracious enough to yield. day. They will not vote by an 80-per- cians who just talk. Join with me in And he told me he is absolutely op- cent margin for term limits. We will. committing to resigning after 6 or 12 posed to term limits. Certainly he is You will not. years, whatever you vote for, whether opposed to term limits. Very important As a result, we will not have term or not this passes. point to make. limits. It is very important that we ac- Actions speak louder than words. Folks that are proposing this amend- tually come forward and produce the Mr. PETERSON of Florida. Mr. ment are adamantly opposed to term votes. We need votes on your side for Chairman, I yield 2 minutes to the gen- limits. So let us make it clear what term limits today. tlewoman from California [Ms. ESHOO]. they are trying to do. Vote in proportion to the American Ms. ESHOO. Mr. Chairman, unlike Mr. PETERSON of Florida. Mr. people, 80 percent of you, vote for term many Members of Congress, I have ac- Chairman, will the gentleman yield? limits and we will have it by the end of tually had term limits applied to me. Mr. INGLIS of South Carolina. I the day. We will be way over the 290 The San Mateo County Board of Super- yield to the gentleman from Florida. margin. visors in California, on which I served, Mr. PETERSON of Florida. Mr. Mr. PETERSON of Florida. Mr. was the first legislative body in Cali- Chairman, that is absolutely false. I Chairman, I yield 1 minute to the gen- fornia back in the 1970’s to adopt term stand before you a strong supporter. I tlewoman from California [Ms. HAR- limits. I have seen for myself the value know the gentlewomen from Califor- MAN]. of replacing incumbents with new lead- nia, Ms. ESHOO, Ms. HARMAN, a whole (Ms. HARMAN asked and was given ership which brings fresh perspectives host of us here are very strongly in permission to revise and extend her re- to the body politic. support of term limits. And so I would marks.) Now we hear Members saying that ask the gentleman to retract that. Ms. HARMAN. Mr. Chairman, I am they are for term limits. They were for Mr. INGLIS of South Carolina. Re- one of a number of Democrats who rise them during their campaigns, but they claiming my time, I saw you were not in strong support of term limits and of do not insist that a term limits bill listening when I mentioned you as the this amendment. I have always be- apply to everyone here today. one person that I knew of at the time. lieved that politics is public service, In this Congress I introduced a bill Now I understand there are two more. not a career, and there are many ways which would allow Members of Con- Mr. PETERSON of Florida. Mr. to serve. Term limits ensure a constant gress to serve three terms of 4 years Chairman, if the gentleman will con- supply of new ideas and new energy. each. I personally believe that the tinue to yield, there is a whole host of Term limits are good for both parties. terms should be expanded. Two years us here. They are good for Congress and, most and campaigning all year-round I do Mr. INGLIS of South Carolina. That of all, they are good for the American not think is what our Founding Fa- makes three that I know now that sup- people. I support them prospectively H 3934 CONGRESSIONAL RECORD — HOUSE March 29, 1995 and retroactively, and I did so when Constitution, even though he penned the Members who feel so strongly Democrats were in the majority. that Bill of Rights for the Common- about term limits and who have served But term limits are not enough. Un- wealth of Virginia which was the model more than 12 years, I encourage them less term limits are coupled with tough for our Bill of Rights: not to run for reelection. campaign finance reform, I do not be- Nothing so strongly impels a man to re- Mrs. FOWLER. Mr. Chairman, I yield lieve true reform will be achieved. gard the interest of his constituents as the myself such time as I may consume. Today a broad bipartisan group that certainty of returning to the general mass of Mr. Chairman, I would like to point supports term limits is sending a letter the people, from whence he was taken. out that several of us, the gentleman to Speaker GINGRICH strongly encour- So said Mr. Mason. I think those are from South Carolina [Mr. INGLIS] and aging him to include campaign finance valid words, and I think he was right myself, many proponents of term lim- reform as a high priority for the second not to sign the Constitution until he its, have committed to abide by the 100 days of this session. had a commitment to the Bill of term limits either passed by our State I look forward to working with Mem- Rights, and when he finally did get the or by the ones we have self-imposed, so bers from both sides of the aisle on Bill of Rights in there, I think he there are many supporters of term lim- campaign finance reform, regardless of would have been glad to sign it. its who are abiding by them and will do the vote today and tomorrow. The CHAIRMAN. The gentleman so, no matter what is passed today. Let us enact true reform, term limits from Florida [Mr. PETERSON] has 15 One other point I would like to make: and campaign finance reform. minutes remaining, the gentlewoman The average time for ratification of a Mrs. FOWLER. Mr. Chairman, I yield from Florida [Mrs. FOWLER] has 10 min- 2 minutes to the gentleman from Flor- utes remaining, and under the rules of constitutional amendment during this ida [Mr. GOSS]. the House the gentleman from Florida century has been 18 months. In fact, it (Mr. GOSS asked and was given per- [Mr. PETERSON], as the proponent, has only took 100 days to ratify the 26th mission to revise and extend his re- the right to close. Amendment, so when we talk of taking marks.) Mr. PETERSON of Florida. Mr. 7 years to ratify this amendment, peo- Mr. GOSS. Mr. Chairman, I thank the Chairman, I yield myself 10 seconds to ple have not looked at their history. It gentlewoman from Florida, my col- respond to one point. would only take probably, at the most, league, for yielding time to me. Mr. Chairman, the Committee on 18 months to ratify this amendment. This sudden interest in promoting Rules, of which the gentleman from We could get it in effect. term limits by the advocates of this Florida [Mr. GOSS] was a member, al- Mr. Chairman, I yield 2 minutes to amendment is a little misleading and, I lowed the Democratic side one sub- my colleague and one of the leading have to admit, a bit intriguing. stitute, and therefore we had only one proponents on term limits, the gen- I think we have got to be clear on opportunity to present the Democratic tleman from Tennessee [Mr. HILLEARY]. one thing, because the time is short side. This is the bill that is before us (Mr. HILLEARY asked and was given and it is time for candor. Many who are today with the retroactivity. permission to revise and extend his re- supporting the Peterson-Dingell-Frank Mr. Chairman, I yield 1 minute to the marks.) amendment are the same Members who gentleman from Mississippi [Mr. TAY- Mr. HILLEARY. Mr. Chairman, I rise freely admit, at least to the press they LOR]. in opposition to the Peterson amend- freely admit, that they oppose term Mr. TAYLOR of Mississippi. Mr. ment. This bill is totally retroactive, limits. Chairman, let me begin by saying how as has already been mentioned. We appropriate it is that a former prisoner b 1630 know the voters reject retroactivity. of war for 7 years in Hanoi Hilton is the Just as retroactivity in the Tax Code is They are the same people who helped sponsor of this amendment. Unlike a bad idea, it is also a very bad idea in ensure that under 40 years of Democrat many Members of this body who claim the term limits area. rule no debate or vote on term limits to be promilitary but sought student This amendment would preempt the would take place. They are the same deferments, the gentleman from Flor- term limits laws passed already in 22 people who have shown little interest ida [Mr. PETERSON] is promilitary and States in this country. The Peterson- in responding to the will of the Amer- enlisted in our country’s Armed ican people on this issue. Dingell amendment does allow States Forces. to impose term limits as long as the re- We know almost 80 percent of Ameri- I say this because he also, on the strictions do not exceed the Federal cans support term limits. They want us first day of this body, voted to put Con- term limit in their amendment. to deal with it. We also know that 22 gress under the same laws as every This is very similar to the Hilleary States have adopted them. In every other member of the American society, amendment. However, the term limit case, those term limit proposals pre- as did I, and as did the majority in this imposed is clearly retroactive in this dominantly written by citizens are not, body. We did not say we are special; we repeat, not, retroactive. said we should live by the same laws as case. All the term limits statutes on If, as the proponents of this smoke- everyone else. the books in all the 22 States, whether screen amendment argue, Americans Yet, some people in this room this it is 6, 8, or 12 years, are prospective in want retroactive term limits, then why very day will say they are better than nature. The 12-year retroactive Federal have those 22 States passed citizen a prospective Congressman because ceiling in Peterson-Dingell preempts referenda that are not retroactive? they should be allowed to serve their 20 the prospectivity provisions in all 22 of Why, in the one State that voted on years, their 18 years, their 50 years, and those States. such a proposal, was the proposal of then and only then should the 12-year It does not protect the 25 million vot- retroactivity soundly defeated? limit go on top of that. That is wrong. ers who cast ballots in favor of impos- It is because Americans are smarter That is egomaniacal of the worst sort. ing term limits on Members of Con- than the status quo Democrats seem That is the sort of thing that really gress from their States. It does not willing to believe. Americans know a makes America mad at Congress. protect the thousands of dedicated in- true term limits supporter from one I want to commend my good friends, dividuals, not Republicans, not Demo- who is simply seeking to score political the gentleman from Florida [Mr. PE- crats, no liberals, not conservatives, points on its way to the dust bin, which TERSON], the gentleman from Michigan but people who just want to do some- is what this amendment will do. [Mr. DINGELL], both former service peo- thing to change this country for the Vote against this amendment. Its ple serving our country, both of whom better. It does not protect their wishes sole purpose is to provide political realized that Congress ought to live by and their hard work in gathering signa- cover for those politicians who like the the same laws as everyone else. tures on those petitions in those park- status quo and want term limits to go I will say one last thing, Mr. Chair- ing lots all over this country to get away. man, I am a cosponsor of an amend- those issues put on the ballot. Of the man who wrote the first Bill of ment to prohibit the burning of the Mr. Chairman, I urge my colleagues Rights in this country, George Mason flag. Until it becomes law, I am not to oppose the Peterson-Dingell amend- the Fourth, a man who did not sign the going to burn any flags. For those of ment. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3935 Mr. PETERSON of Florida. Mr. talking about 14 years, you are talking Representatives of their choice to serve in this Chairman, I yield 2 minutes to the gen- about 14 years. Chamber. tleman from Utah [Mr. ORTON]. Under this amendment, I will be out, My position on this issue has been very (Mr. ORTON asked and was given the gentleman from Michigan, JOHN consistent. If we were serious about term lim- permission to revise and extend his re- DINGELL, will be out, all the leadership its, the House of Representatives would pass marks.) on the Democratic side will be out, but the term limits bill sponsored by my col- Mr. ORTON. Mr. Chairman, I rise that is the way the cookie crumbles. If leagues, PETE PETERSON and JOHN DINGELL. I first of all to answer the question why you are serious, if you are serious will vote for their bill because it is the only bill have 22 States who have passed legisla- about term limits and you want to go that would actually apply to Members who are tion not made it retroactive. Why? Be- to the American people and be truthful voting on the bill because it would apply retro- cause we have not acted. They do not to them, and not do slogans and sign- actively. All of the other bills would apply pro- want to put themselves in their own ing contracts and doing 30-second spectively. State at a disadvantage during the sound bites, you will say to the Amer- Let us not take away any rights from Amer- time that we are debating and attempt- ican people ‘‘As soon as the States rat- ican citizens. Let us respect the abilities of our ing to deal with term limits at a na- ify this, we are out of here, if it takes constituents to act in their best interests. Let tional level. 2 years, if it takes 4 years, or if it takes us support free and open elections. This right It has been suggested that this is a 6 years.’’ So put your money where is a key component of our democratic system retroactivity amendment. It is not. It your mouth is. I am talking about a of Government. simply says that the terms that Mem- fallacy. Twelve years is a total fallacy Mr. PETERSON of Florida. Mr. bers have served apply toward the limit and it is a sham on the American peo- Chairman, I yield 2 minutes to my of total terms they can serve. ple. friend, the gentleman from New York Mr. Chairman, it has also been sug- Mr. PETERSON of Florida. Mr. [Mr. ENGEL]. gested that only those people support- Chairman, I yield 1 minute to the gen- Mr. ENGEL. Mr. Chairman, I thank ing this amendment are the ones who tleman from California [Mr. TUCKER]. the gentleman from Florida for yield- oppose term limits, and that this is a Mr. TUCKER. Mr. Chairman, I thank ing time to me. smokescreen and somehow a dastardly the gentleman from Florida for yield- Mr. Chairman, I am not for term lim- ing time to me. I thank the gentleman its, but I am for honesty. If we are attempt to kill term limits. Absolutely from Florida [Mr. PETERSON] and the going to have term limits, let us have untrue. I have supported term limits gentleman from Michigan [Mr. DIN- true term limits. I am not doing this from before I came to this body. I am GELL] for bringing this amendment to for cover, as was suggested by some of a cosponsor with my good friend, the the floor, because truly this amend- my friends on the other side of the gentleman from Florida [Mr. MCCOL- ment says it is time to put up or shut aisle. I am doing this for honesty. LUM], of his legislation. He is a cospon- up. If we are going to impose things upon sor of my legislation. I support apply- If you are really for term limits, Congress that we say are for the rest of ing term limits to everyone. term limits, this is the ultimate term the American people, then let us im- Let us unmask the real hypocrisy limit amendment. Trying to have term pose this as well for current Members. going on in this debate. It is not people limits prospectively is saying, ‘‘We I am for truth in term limits packag- who oppose term limits, but say if you want term limits, but don’t limit my ing. That is why I am proud to be an are going to apply it, at least be honest term. It is great for everybody in the original cosponsor of this substitute. and apply it to everyone. It is those future, but please, please, let me be all Let us stop the nonsense and arro- people who, first of all, voted to apply right.’’ That is not a person who is gance. If we are going to pass a con- all the laws to us in Congress, stood really for term limits. stitutional amendment on term limits upon a soap box and said ‘‘Look what What I say, Mr. Chairman, is I chal- for future Members of Congress, let us we have done: The first thing we did in lenge my colleagues, not only on the make sure it also covers current Mem- this Congress is apply all the laws to other side of the aisle, but on both bers. us,’’ and then they vote for term lim- sides of the aisle, if you are really for The Republican term limits resolu- its, but not to us. term limits, let us make it real, let us tions are nothing short of incumbent That gives a new meaning to hypoc- make it retroactive, let us make it protection, because they only hold fu- risy, I tell the Members. I could not apply as soon as the States ratify it. ture Members to its standards. Let us look my voters in the eye if I stood up I heard my colleagues say, ‘‘Well, the not hold a future generation to its and told them I voted to apply all of States could probably ratify this in a standards, let us hold our generation to the laws to Congress; I voted, as you year and a half, 18 months.’’ If they do, its standards, and I am willing to abide have told me to vote, for term limits. then fine. But at the time they do rat- by that. You support term limits, I voted for ify it, it should be effective. That The Peterson-Dingell substitute is term limits, for everybody else that means whoever has to bear the burden the only term limits bill that counts comes in the future, but I don’t want of that retroactivity then would have time already served by Members of that term limit to apply to the time to be honest and would have to accept Congress. Many of our colleagues say that I have spent in Congress. I want to that as a way and as a voice of the they support term limits to prevent be able to serve another 6 or 12 or 18 American people. Members from becoming arrogant and years; a new meaning to hypocrisy. Mr. PETERSON of Florida. Mr. entrenched politicians. However, it is Mr. PETERSON of Florida. Mr. Chairman, I yield such time as she may obvious these same colleagues believe Chairman, I yield 1 minute to the gen- consume to the gentlewoman from they are immune from this temptation tleman from North Carolina [Mr. HEF- Texas [Ms. JACKSON-LEE]. by exempting themselves from the Re- NER]. (Ms. JACKSON-LEE asked and was publican term limits legislation. Mr. HEFNER. Mr. Chairman, I men- given permission to revise and extend Voting for any of the other 3 term tioned earlier when we were talking her remarks.) limits legislation proposals do not about term limits the fallacy of what Ms. JACKSON-LEE. Mr. Chairman, I count previous service, and that to me, has been told to the American people. rise to support the Dingell-Peterson Mr. Chairman, is the height of arro- Some mentioned that it is a total fal- amendment, the only honest term lim- gance. Voting for the Republican term lacy. its amendment and legislation. limits bill will only delay the effect of The gentleman from South Carolina The U.S. Constitution clearly sets forth the our Government that this legislation said if Democrats would represent requirements that are necessary to serve in will oppose. Americans, and I would have them Congress. Those requirements are age, citi- If the bureaucrats are going to start know that I represent about 500,000 zenship, and residence. The American people running this country, let them start Americans and have for 22 years, but already have term limits for their Federal elect- now. Why wait 12 years down the line, let me put out the fallacy here. We are ed officials. Every 2 years, the Members of the or 19 years down the line? If you have talking about 12 years. Even if we rat- House must stand for reelection and the already served here for 20 years, how ify it in 2 years, all the States, you are American people have the right to select the can you say you are for term limits H 3936 CONGRESSIONAL RECORD — HOUSE March 29, 1995 when you want to serve here another means that there are Republicans there Mr. PETERSON of Florida. Mr. 19? It is absolutely ridiculous. who are for it in theory but do not Chairman, I yield 30 seconds to the Mr. Chairman, we have a contract want to have to live with it. gentleman from Michigan [Mr. DIN- with the voters of our districts that Mrs. FOWLER. Mr. Chairman, I yield GELL]. can be renewed or ended every 2 years. 1 minute 15 seconds to the gentleman Mr. DINGELL. It is not important Clearly the backers of the contract for from South Carolina [Mr. GRAHAM]. what I think about term limits. It is America only support their contract if Mr. GRAHAM. I thank the gentle- important what is right and what is they are not held to its standards. Sup- woman for yielding me the time. wrong. The substance is important. port the Peterson-Dingell substitute. Mr. Chairman, I would like to re- I never heard any of my colleagues Mr. PETERSON of Florida. Mr. spond to my friend the gentleman from on that side complaining about the fact Chairman, I yield 2 minutes to my Massachusetts. I am one of these Re- that this matter was to be pushed into friend, the gentleman from Massachu- publicans who really believe this stuff. the future some 19 years. What we are setts [Mr. FRANK]. I am going to vote for your amendment talking about is truth in term limits. Mr. FRANK of Massachusetts. Mr. even though you do not believe it. The Speaker yesterday said the Unit- Chairman, this is not the first time our When I get through voting for your ed States no longer needs or desires a Republican friends have held out the amendment, I am going to vote for the class of permanent career politicians. view that virtue is a good idea, but you other three that come after it. Neither he nor anyone on that side of should not rush into it all at once. the aisle has ever told us that what was With the balanced budget amendment You have had 40 years as a party to do something about career politics. To really here before us in the amendment it was 2002. This one will take effect in they laid before us today is a 19-year 2009. Unfunded mandates, it is again for say that we do not care and the Repub- lican Party is a sham is an absolute in- delay in the effective date. the future, while at least for Massachu- Mr. PETERSON of Florida. Mr. setts, they are making worse the un- sult to the voters in 1994. Chairman, I yield 11⁄2 minutes to the funded mandate under which we cur- I am going to vote for your amend- ment. Will you vote for the three that gentleman from Massachusetts [Mr. rently struggle. MEEHAN]. People have said ‘‘You can’t be for come after yours? Mr. FRANK of Massachusetts. Mr. Mr. MEEHAN. Mr. Chairman, it is in- making this apply immediately unless teresting because last week my friend Chairman, will the gentleman yield? you are for the concept.’’ Many Mem- the gentleman from New Jersey [Mr. bers in this House who do not like Mr. GRAHAM. I yield to the gen- FRANKS], a Republican, sent a letter to tleman from Massachusetts. OSHA and do not like the Fair Labor all the Members of Congress asking Mr. FRANK of Massachusetts. First, Standards Act and NLRB voted to them to come down and join him in a 40 years ago I was recovering from my apply it to Congress. Many of us feel press conference and submit their res- bar mitzvah so I cannot be held ac- Congress has suffered from the percep- ignation. countable for what happened then. But tion of seeking special treatment for I have heard 80 percent of the Repub- itself. We are saying that if you are I will say this. The gentleman is appar- licans support term limits. I thought 80 going to do something, do not single ently joining us. I heard people on his percent of the Republicans would be at out the institution or the current side say anybody who votes for this this press conference to submit their Members of the institution from being amendment is a saboteur and is trying resignation in whatever appropriate covered by it. That is all this says. to undermine it. I am glad the gen- year it was, whether it was 8 years, 10 b 1645 tleman is going to vote with us. I just years, or 12 years. want to defend him from his fellow There were only 8 Members who That is all this says. But I am espe- South Carolinian who was suggesting cially intrigued by the argument that showed up. Eighty percent of the Re- that in voting for this he is somehow publicans are for term limits but only this, if it passes, would kill the amend- trying to undermine it. I think he has ment. 8 Members showed up to submit their effectively repudiated that unfair accu- resignation at the appropriate time. Understand what that means, be- sation. I welcome his vindication. cause a lot of Democrats are for this Mr. Chairman, I insert into the Mr. GRAHAM. I think the problem RECORD an op-ed piece by Speaker substitute. Therefore, there must be that my colleagues have is they know Republicans who are prepared to vote GINGRICH that appeared in yesterday’s that you do not mean it and it bothers for this and impose it on others but Washington Post. In the piece, the them for you to play a game. I think it whom if they become immediately sus- Speaker called on Democrats to join bothers the American public. I am will- ceptible to it will vote against it. Be- him in passing term limits. The op-ed ing to play the game with you. Maybe cause I submit there is no other logical piece accurately points out that at basis on which this could damage the I am not quite up to their level. least 60 Democrats are needed to vote amendment. After all, it is not going to Mr. PETERSON of Florida. Mr. for term limits passage. turn away State ratifications. The Chairman, I yield 30 seconds to the Well, I say to the Speaker, I estimate State legislatures will not be affected gentleman from Massachusetts [Mr. there could be anywhere from 70 to 100 by this. This deals only with Congress. FRANK]. Democrats who will support this So to the extent that you argue that Mr. FRANK of Massachusetts. I have amendment. What a golden oppor- this hurts the process, it must mean never said that I was for term limits. I tunity to pass term limits today. Sev- that there are, as we have long sus- do believe one should listen to the peo- enty to 100 Members. pected, some very unenthusiastic sup- ple and that people in my district in a Let us get all of the Republicans be- porters of term limits over there, and referendum voted against term limits, hind this amendment and pass it right they will vote for it if it will lose and and I think they were right. I under- here because this is the amendment they will vote for it if it will have no stand why they did that. Democrats are willing to support. effect, but God forbid that it should ac- But I have said this. As many of you There is nothing wrong with putting tually go into effect and affect them. who oppose OSHA voted to cover Con- your votes where your principles are. If So, therefore, we have an admission. gress under OSHA, there are two prin- we have to institute term limits retro- They tell us if this amendment be- ciples here. Do you have the term lim- actively, then it is worth it to get term comes the pending one, it will not do its and if you have them, do you give a limits passed today. well. Why? Because we know there are special exemption to sitting Members I have heard at least 10 different Democrats who will vote for only this who will be the only ones hereafter Members on the other side of the aisle version. who will not be subject to a strict 12- declare that Republicans cannot pass Therefore, what the Republicans are year limit? term limits on their own, they need the telling us is that if this applies imme- So, no, I am not for term limits, but help of the Democrats. This is your op- diately, not retroactively, this does not I am also not for a double standard portunity. You have the votes, 70 to say that Tip O’Neill only served 12 that protects sitting Members. 100. years and he has got to give back 30, Mrs. FOWLER. Mr. Chairman, I re- Mr. Chairman, I include the following this says it applies immediately, it serve the balance of my time. for the RECORD: March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3937 [From the Washington Post, Mar. 28, 1995] support, or 290 House votes. Thus, we will thers, we have become a full-time, TURNOVER TIME need significant Democratic support. The year-round Congress. Instead of having (By Newt Gingrich) Republican commitment to seeing term lim- Members like they did in the old days its pass is shown in the fact that two out of Americans should turn their TV sets to C– three House Republicans have co-signed at come here and only serve 2 months out SPAN today to witness an important debate. least one term limits bill. Even if every Re- of the year, they serve the whole year, The citizens of the nation can determine for publican (230)—including those who cur- they have to give up jobs, we are not themselves whether their elected representa- rently might oppose it on philosophical tives trust them to take an increased role in allowed to have professions any longer, grounds—voted for term limits, we would so on and so forth, no outside earning leading this country. The debate is about still be 60 votes shy of passage in the House. term limits. Yet, fewer than two dozen members of the for most Members. Consequently, the Term limits is, at heart, a statement on Democratic Caucus have signed on to any of attitude has been created of being ca- how our country has been run over a certain the term limit proposals so far suggested— reer-oriented. That is, naturally there period of time and how it should be run in including those sponsored by Democrats. Our is a tendency on the part of many to the future. Some might say that the demand Democratic president has continually op- for a constitutional amendment for congres- want to stay here and to get reelected posed term limits even though his own home because they do not have a job to go sional term limits is, like a balanced budget state of Arkansas overwhelmingly passed a amendment, merely a temporary, impulsive term limits initiative in 1992. back to back home. mood on the part of a public frustrated by The opposition of the president and the We need to break that cycle because wasteful, free-spending actions of an arro- majority of congressional Democrats is un- it leads to distortions in the voting gant Congress. This would be an incorrect fortunate. We hope they will consider the pattern, it leads to the results where reading of the current sentiment. time and reassess their position (as, in fact, House Republicans see it differently, and Members will tend to try to protect several Republicans have). As a new millen- every interest group in order to get re- that is why we are as committed to bringing nium approaches, people pause to reflect term limits to the House floor for a meaning- upon their communal rights and responsibil- elected. That means we do not get bal- ful debate and vote as we were on Sept. 27, ities. At the end of the 19th century, the anced budgets and we get other bad when we signed the Contract With America. movement began for the direct election of policy decisions that the Founding Fa- House Republicans see the overwhelming United States senators. It took 20 years, but public support (nearly 80 percent in some thers could never envision. eventually the people’s will was fulfilled in I take term limits and term limits polls) as more than a brief feeling of disgust the 17th Amendment. A constitutional limi- with government on the part of the Amer- tation on congressional terms is no less sig- amendments very, very seriously. I ican people. Rather we understand what our nificant. take it seriously as I know some of my citizens know in their hearts: This is an This vote says to the American people that colleagues who support this amend- America, standing on the doorstep of the 21st this is their country. It says to our citizens ment do. Some who believe in retro- century, which no longer needs or desires a that they are entrusted with greater control. class of permanent career politicians who activity are very genuine term limits The people must now work harder to run supporters. I have heard them this are there to solve each and every problem. their country; it’s no longer ‘‘autopilot’’ Admittedly, this view is a stark contrast votes for entrenched incumbents. Term lim- afternoon, I have known them before, to the history of the 20th century. The its will stimulate voter interest and, there- and I believe that they are. There are ‘‘American century’’ saw a young country fore, voter participation. others who support this amendment, grow to adulthood and accept leadership re- House Republicans are committed. If a though, who are indeed opposed to sponsibilities. The 20th century saw two term limits amendment does not pass this world wars and a Cold War that demanded an term limits as several of them have ad- year, subsequent Republican-lead Congresses mitted on the floor this afternoon. America with a strong federal government will introduce a bill until one eventually standing at the ready to keep the world from passes. We invite our friends on the Demo- They view this as simply an oppor- falling into complete totalitarian rule. Fur- cratic aisle to join us in ending the political tunity to get up and poke at those of us thermore, a legitimate argument could be careerism of the past to cast the first impor- who have long supported it. made that between the Depression and the tant vote for the new realities of the 21st They should know full well as has civil rights movement, a strong federal gov- century. Vote for term limits. ernment was appropriate at the domestic been stated out here many times before level as well. Mr. PETERSON of Florida. Mr. that 22 States that have adopted term Regardless, the American people realize Chairman, I reserve the balance of my limit initiatives have not included that that time has passed. Today, a profes- time. retroactivity. That Americans gen- sional political class produces inertia. This, Mrs. FOWLER. Mr. Chairman, I yield erally think there is a fundamental un- 1 understand, is a time when technological and 5 ⁄2 minutes to my good friend and col- fairness about anything that is retro- cultural change put a premium on swift re- league, the gentleman from Florida sponse and adaptability to changing cir- active, whether it is in tax laws, or [Mr. MCCOLLUM], one of the original term limits or whatever. cumstance. The current state of the federal leaders in the term limits movement. government is totally unprepared for this They also should know and probably (Mr. MCCOLLUM asked and was new reality. A 20th century America, almost do that in the one State where retro- given permission to revise and extend in a perpetual ‘‘state of war,’’ may well have activity was proposed, in the State of his remarks.) benefited from having seasoned leaders Washington, it was voted down by a whose experience was essential for the next Mr. MCCOLLUM. I thank the gentle- fairly sizable margin. campaign. woman for yielding me the time. I do not think retroactivity is the But the 21st century America will benefit Mr. Chairman, I do not believe the more from having regular turnover in its term limits cause is a throw-the-bums- question here. The real question is elected leaders; the 21st century America going to be, though many of us like will gain insight from the influx of new out or a clean-out-the-barn movement that some folks I have heard say this this Member oppose this particular ver- ideas; the 21st century America will thrive sion for that and another reason I will with continual waves of new leaders with afternoon characterize it as. fresh alternatives. Upon doing their period of The term limits movement that I get to in a moment, the real question service, these citizen-statesmen will return have been associated with the whole is going to be, will these Members to their private-sector lives and remain pro- time I have been in Congress has been march out after this vote if they do not ductive resources for their own communities. a movement to provide fundamental succeed and vote for final passage, not House Republicans understand this vision change in the structure of Government necessarily for another particular ver- of the new America and want to bring it to designed to create a different attitude sion, but for whatever stands there at reality. That is why this week, for the first the end of the day? time ever, the House will vote on a constitu- on the part of those who serve in Con- tional amendment to limit the terms of gress. That is the reason why I support I am willing to say I will do that. I members of Congress. It should not come as term limits. That is why I think it is am not going to vote for every amend- a surprise that this historic vote is being important. That is why I think that 12 ment out here today, but whatever is brought by Republicans. By contrast, the years and a permanent change is there. standing at the end of the day, though last Democratic speaker joined in a suit It is something we need to be careful I have preference, I am going to vote against his own state’s constituents to chal- about, we need to put it in the Con- for it. lenge a term limits ballot initiative that had passed overwhelmingly. stitution with due deliberation, and we There is another reason that I am not Republicans cannot by themselves execu- need to have it take effect. going to vote for this particular tive the will of the American people. A con- Because what has happened is that amendment that has not been dis- stitutional amendment requires two-thirds since the days of our Founding Fa- cussed today and it does not apply to H 3938 CONGRESSIONAL RECORD — HOUSE March 29, 1995 all of my colleagues over here. We all The answer is, though, retroactivity licans say they are for term limits, the have different views. is nonsense. Retroactivity is not a Democrats say we are for honesty. We The underlying proposal here beyond means that is justifying a ‘‘no’’ vote at are more honesty, because today is the the question of retroactivity is not the the end of the day. It is something that day when we stand before Members and original McCollum 12-year amendment a lot of us simply do not think will say we will vote for term limits and we that I have offered that is the base bill. work, it will not gain the kind of votes will vote for them for ourselves. It is the Hilleary proposal that would in the end that we would like to see it Before us we see two questions that engraft into the Constitution a perma- have, and it is nonsense to support were done for two national polls. There nent opportunity for the States under a this. Twenty-two States have not done have been four. But it says term limits 12-year cap to set limits of length of it. for Members of Congress are estab- It really is a killer amendment, I time less than 12 years for House Mem- lished. Should the years already served think, in the true sense of that word bers. by current Members count toward the even though I understand some people I do not think that that is a smart time? Fifty-four percent said they genuinely support it. I strongly urge a thing to do. I do not agree with that. It should apply, 40 percent said no, and 6 would create in my judgment a perma- ‘‘no’’ vote on this proposal. It does not get at what we need to get at. percent were not sure. nent hodgepodge of 6, 8, and 12-year Let’s at the end of the day, though, In another poll, a similar question, 71 limits around the country, and there is all of us who support term limits, get percent said yes, term limits should nothing we are going to be able to do together and vote for whatever comes apply to sitting Members. about it after that. Whereas the under- out. Clearly retroactivity is the real de- lying bill remains silent on that issue Mrs. FOWLER. Mr. Chairman, I yield fining moment for term limits. and lets the decision of the Supreme 30 seconds to the gentleman from Cali- This provision clearly separates the Court, whatever it is in the Arkansas fornia [Mr. BONO]. sincere term limits supporters from the case, be the deciding factor. State ini- Mr. BONO. Mr. Chairman, I have pretenders. Members who have publicly tiatives would be protected if indeed been watching the dialog down here. I shouted the praise of term limits for the Court rules that currently under want to make a comment. Put all the years freeze in their tracks when con- the Constitution they have a right to term limits aside and when you refer to fronted with the realization that term do this, but on the other hand if the the public, I think the big issue here is limits means them too. court shortly rules that the procedures that you are gaming, you are running a I would have Members focus back to of the State is unconstitutional, the game, and that is exactly what the the first order of business for the 104th underlying amendment, the McCollum public hates. You are just shoving it Congress. We just said it was a wonder- amendment would apply for uniformity right back in their face. You don’t care ful thing, we are going to pass laws throughout the Nation, which I think about term limits. that apply to Congress too, except for is a far better course. I just want to say, stop gaming the term limits; no, no, that is a toughie, I do not agree with some also who public. Stop playing games at the pub- we do not want to do that. think that 6 years are better than 12. I lic expense. You are saying I don’t like Anything short of immediate applica- think we ought to do the same balance term limits, yet I like retroactive. tion of this constitutional amendment with the Senate and the House. That is absolutely a game. You are will be an affront to the people of the I am opposed to this amendment for going to damage yourself and you will United States, because I can tell you a number of reasons, not just to retro- with this vote. activity. I would like to also point out Mrs. FOWLER. Mr. Chairman, I yield the people of the United States believe the idea that several Members have myself the balance of my time. term limits means now, not 19 years suggested that we all ought to volun- Mr. Chairman, in closing I just would from now. tarily walk out of here who believe in like to urge my colleagues to vote Opponents cry over and over that a certain number of years at the end of against this amendment. Term limits this is a killer amendment. This is sim- that time. That is fine. If some Mem- was intended as a gradual and an or- ply wrong. These doomsayers just do bers want to do that, great. But that derly transfer of power from profes- not want it to apply to them. Imme- does not promote the cause of term sional politicians to citizen legislators diate application of this constitutional limits and that does not necessarily with firsthand perspective of how Fed- amendment to all sitting Members of serve the constituency well. eral laws affect ordinary people. Congress is exactly, as I say, what the Until we have a uniformity through- This amendment would cause a sud- American people want us to do. out this Nation and everybody is under den and chaotic shake-up of Govern- These two polls and two others that I a term limit and everybody under- ment. I urge Members to vote ‘‘no.’’ do not have time to cite are clearly in- dicative of what America wants us to stands what that is, then it does not b 1700 really make logical sense to leave right do here today. Mr. PETERSON of Florida. Mr. at the time when you are going to get Another thing that people say, that Chairman, if I may start by replying to a chance to be a committee chairman this detracts from, the retroactivity some of the last comments. This is not or a senior member of the minority aspect, from your ability to enact be- a game, sir. I have been in Congress a cause the States said it was a killer party on a committee and to gain the little longer than the gentleman has, most influence around this place. amendment. That discounts the fact and my record is very clear. And to that a ratification process is required I have always favored 12-year limits, have someone stand and say we are at a Federal level and not at State I believe they should be engrafted into gaming something at this time and to level. the Constitution, I think they should impugn my integrity, I take that per- Ladies and gentlemen, this is an easy be permanent in nature. I do not be- sonally. lieve in retroactivity, but I definitely For the gentleman from Florida [Mr. vote for those who really believe in term limits. It is a cop-out for those believe they should have a starting MCCOLLUM], please, just last week ev- point, an ending point and let’s go out eryone on the gentleman’s sided voted who vote ‘‘no’’ today. of here together. time and time again to say take it to Support for term limits: First let me make it I have always said that when KEN- the States, they do it better, they absolutely clear, PETE PETERSON strongly sup- NEDY and GEPHARDT and BONIOR and know better than you. Now the gen- ports term limits in principle. I made my posi- DINGELL are ready to walk out to- tleman has stood before this crowd tion clear during my first congressional cam- gether voluntarily, that will be a great today and said essentially he will not paign in 1989 and have continued to support day, I will walk out with them if that vote for this amendment because it that original position. Further, I introduced my would really serve this cause, but I gives the States the right to determine own term limits bill in the House on January know that it won’t. And just like some term limits. And I would only suggest 11 this year, well before opponents of term people listening to me say this, I know that is a reversal. limits jumped on the retroactivity bandwagon. that they are thinking, ‘‘Aha, what’s Finally, if there is any argument I have not supported my colleague from Flor- he saying?’’ today, the argument is that the Repub- ida, Mr. MCCOLLUM's amendment because it March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3939 lacked immediacy. Nevertheless, I will vote for I strongly support this limit on congressional Members who have publicly shouted the every proposal offered for term limits during service because 12 years is the logical time to praises of term limits for years freeze in their this debate except for Mr. INGLIS' plan limiting end service in the House and the Senate. At tracks when confronted with the realization terms to 6 years. That limit is unreasonable 6 years a Member is truly at his/her peak, that term limits means term limits for them too. and counterproductive. leaving 6 additional experienced years to I would have you focus back to the first Term limits moves us closer to the original guide legislation and to bring thoughtful de- order of business of the 104th Congress. With image of the citizen legislator envisioned by bate to the floor. near unanimous support we quickly passed our Founding Fathers and as specified in the There should be no fear of creating a void legislation that said the law Congress passes Republican Contract on America. of experience in the Congress with a 12-year must also be applicable to Congress itself. It This act will help break the gridlock associ- limit. As I alluded to earlier, the vast majority doesn't require a leap of faith to understand ated with national legislation by ensuring a of Members of the House serve here for less that this is one of those laws we pass that greater turnover of senior Members, who are than 8 years. In fact, over half of the member- should indeed apply to every sitting Member. often able to use the perks of their seniority to ship of the House has turned over since 1990 Anything short of immediate application of this tie up publicly popular legislation in the inter- alone. Just 2 years ago 114 new Members ar- constitutional amendment will be an affront to est of personal gain. rived in Congress and no one spoke of the the people of United States. Statistics on length of service: The average void created by those new Members number Failure to make term limits immediate in length of terms for Members of the 104th Con- replaced. their application will have the effect of allowing gress is 7.5 years. However, most people do Further, not unlike a military commander members to serve another 17 to 19 years. not realize that high turnover rates are largely taking over a new major command assignment This takes into account the 5 to 7 years re- confined to junior Members. As an example, or a new CEO taking over a major corpora- quired for ratification by the States plus the during the 103d Congress average length of tion, one moves into Congress and imme- additional 12 years of service authorization by service for senior MembersÐthose serving diately must assume the vast responsibilities the amendment. For a member like the more than 6 termsÐwas 21 years. associated with that service. These are tested Speaker of the House, that means that with Let me relate to you some very somber sta- individuals who are expected to be prepared passage of a bill without retroactivity, he can tistics: to assume whatever level of responsibility nec- serve a total of 36 years, 17 already served During the 19th century, less than 3 percent essary to carry out their representatives du- plus 7 years of ratification, plus 12 years in of the Members elected to serve in the House ties. The only reason that younger members the amendment. do not now have their capabilities truly tested Opponents will cry over and over that this is served over 12 years. In the Senate, only 11 in their first years of service is because the a killer amendment. They are simply wrong. percent served more than 12 years. In con- seniority system has them locked into a junior These doomsdayers just don't want term limits trast, during the 20th century the percentage role. to apply to them. Immediate application of this of Members serving for more than 12 years A by-product of imposing a 12-year limit to constitutional amendment to all sitting Mem- has skyrocketed to 27 percent in the House congressional service is the benefit ordinary bers of Congress is exactly what the American and 32 percent in the Senate. Studying the communities would gain from the experience people understand term limits to be all about. data during the post-World War II era is even of former Members of Congress who have re- Many on the other side of the aisle cite the more alarming. From 1947 to the present, 37 turned to the local area. Importantly, these in- overwhelming public support of term limits as percent of House Members and 42 percent of dividuals would help to provide a more realis- the reason we are here debating this today. Senate Members have served longer than 12 tic grasp of what can and cannot be construc- Well, in the past 5 months four nationwide years. A problem clearly exists and a correc- tively accomplished at the Federal level of polls have been taken to test the American tion is clearly in order. Government. This is a very valuable factor people's views on term limits and specifically We are not setting a precedent when ad- that exceeds current estimation. on the issue of retroactivity. I cite these polls dressing term limits. The 22d amendment to The State preemption clause is designed to for your information: November 28, 1994Ð the Constitution, ratified in 1951, limits the commemorate the work of the 22 States that CBS NewsÐ51 percent for counting previous terms of office of the President of the United have already passed term limits for Members service; 13 percent opposing retroactivity; 33 States to two terms. of Congress. Under my amendment a State percent opposed to term limits altogether; De- Why did a Democrat craft this substitute? may limit terms of its congressional delegation cember 5, 1994ÐCNN/USA Today/GallopÐ71 Simply because, as I stated before, term limits to any year limit so long as it does not exceed percent of those favoring term limits support will ultimately lead to better representation by 12 years. counting previous service; 23 percent oppose giving the people of the United States greater State preemption was not part of my original retroactivity; December 13, 1994ÐWall Street confidence in those who serve them in Con- term limit proposal; however, given the fact JournalÐ54 percent of Americans believe gress. I believe the serious lack of confidence that 22 States have already determined length years served prior to the enactment of term the people have in their elected officials today of service for its Member of Congress it is only limits should be counted toward the limit, 40 could one day place the Republic in jeopardy. common sense to honor those expressed percent opposed, and January 13, 1995Ð We must renew the people's faith in rep- State wishes. Otherwise, without the State NewsweekÐ53 percent of Americans support resentative government. It is that simple. preemption, those of us who represent States retroactive term limits, 37 percent oppose Originally, term limits was not a partisan with less than 12-year limits would actually be retroactivity. issue. Only after it became part of the Con- voting to extend out allowable length of serv- In all, 157 current Members of Con- tract on America did it become a Republican ice. gress would be affected if the Peterson litmus test. Many Democrats, including me, Further, just last week virtually every one of amendment was ratified today. For have been way out front on this issue for a my Republican colleagues voted repeatedly to those who say that is a dangerous loss long time. But now that it is clearly partisan it move more responsibility for Federal programs of experienced Congressmen at one is up to my Republican friends to deliver on to the States. The base argument is that the time let me remind you that just last their promise. Many Democrats will vote for States can ``do it better''. Clearly, following year 114 new Members entered Congress this substituteÐeach for their own reasonsÐ that logic, my colleagues would surely agree in the 103d Congress and nothing dan- the vast majority because they believe like me that States are best qualified to determine gerous occurred. In fact, the Republic that it is in the best interests of the Republic. length of service in the Congress for their was likely strengthened. Plus they understand that this substitute rep- Members. The detractors say that retroactivity resents the honest alternative; it states exactly The retroactivity clause is unlike that con- has not been enacted in the States be- what the people on the street have said they tained in any other amendment made in order cause it is a killer amendment. That want in limits. under this rule. Simply stated, once term limits discounts the difference between a Fed- This is the people's term-limit proposal: 12- are ratified by 38 States and become the law eral constitutional amendment and year lifetime limit for House and Senate; al- of the land, previous congressional service State constitutional amendment. In lows State preemption up to 12 years, and im- would be counted toward the term limit. There- the case of a State an amendment is mediacy-retroactivity; which applies imme- fore, current Members of Congress who have often effective virtually immediately diately upon ratification. served more than 12 years would be prohib- after the vote. For Federal ratification, The 12-year limit is identical to that con- ited from seeking reelection. on average it takes 5 to 7 years for 38 tained in H.R. 73. There should be no argu- This provision clearly separates the sincere States to complete work on the amend- ment against this provision. term limit supporters from the pretenders. ment. Even the highly popular term H 3940 CONGRESSIONAL RECORD — HOUSE March 29, 1995 limit for presidents took 4 years to rat- not anymore than they do presently. Pomeroy Solomon Towns Poshard Souder Traficant ify. In fact, the most recent one took We just had a major change in the Pryce Stark Tucker over 200 years. Although I know that 104th Congress yet by and large most Salmon Studds Ward we now impose a 7-year limit under committees and congressional offices Sanford Talent Waters which a State must complete action— are filled with competent, professional Scarborough Tauzin Weldon (FL) Schiff Taylor (MS) Whitfield it is clear it will take some time. That staff who learned their trade right Schroeder Tejeda Wilson time is wholly adequate for any sitting here. Staff acquire power and clout Schumer Thompson Wise Member to adjust to the reality of the through their member association. Scott Thornberry Wyden law. Shadegg Thurman Young (AK) With a higher turnover in Members Smith (MI) Tiahrt Zimmer Further, the Washington State expe- staff will likely be unable to continue rience is not as clear as one would sup- clout from one Congress to the next. I NOES—297 pose. First, their 1991 amendment was do not see staff being either responsible Abercrombie Fawell McDade for 6 rather than 12 year limits, which for the changes that are currently oc- Ackerman Fazio McDermott would have made the entire Washing- curring in this Congress nor do I see Allard Fields (LA) McHale ton State delegation ineligible for re- Andrews Filner McInnis them preventing change. Archer Flake McKeon election. In addition, there was a major Finally, if one truly believes in the Armey Flanagan Meek debate brewing in the State about Cali- validity of term limits rather than tak- Bachus Foglietta Menendez fornia and the Columbia River Basin Baesler Ford Metcalf ing a political ride on the issue for re- Baker (CA) Fowler Meyers dams water issue. Reapportionment election—that person must honor their Baker (LA) Franks (CT) Mfume was about to give California 7 new con- position and vote for the Peterson-Din- Ballenger Franks (NJ) Mica gressional seats, and many in Washing- gell amendment. I know those on the Barcia Frelinghuysen Miller (CA) ton State feared that California was Barr Frisa Miller (FL) other side of the aisle want to blame Barrett (NE) Frost Mineta gaining too much political clout at the democrats if term limits do not pass Bass Gallegly Mink same time Washington would be losing here today. But the facts are clear: our Bateman Ganske Moakley most of influence at a critical period of amendment goes further than any Becerra Gekas Molinari decision over the use of the Columbia Beilenson Geren Mollohan other proposal, and if we get the sup- Bereuter Gibbons Montgomery Basin water. port of those of you on the other side, Berman Gilchrest Moorhead Again, immediacy or retroactivity, this amendment will pass here today. Bevill Gillmor Morella whatever you call it is the very heart Bilirakis Gilman Murtha The American people support this ef- Bishop Goodlatte Myers of any term-limit amendment. If you fort; there can be no excuses. This Bliley Goodling Myrick support term limits on principle or just amendment is exactly what the Amer- Blute Gordon Nadler flat out do not support term limits in ican people think term limits is all Boehlert Goss Neal any form—this is an easy vote. On the Boehner Greenwood Nethercutt about. Listen to the people, vote yes. Bonilla Gunderson Norwood other hand if you are supporting term The CHAIRMAN. All the time has ex- Bonior Gutknecht Nussle limits as a political vehicle for your pired. Bono Hamilton Oberstar Borski Hancock Obey own reelection, this is an extremely The question is on the amendment in tough vote because this is truly a term Boucher Hansen Olver the nature of a substitute offered by Brown (FL) Hastert Owens limit amendment. the gentleman from Florida [Mr. PE- Brownback Hastings (FL) Oxley If you promised your constituents Bryant (TX) Hastings (WA) Packard TERSON]. Bunning Hayworth Pallone term limits as part of your political The question was taken; and the campaign—this is their idea of true Burton Hefley Pastor Chairman announced that the noes ap- Buyer Heineman Paxon term limits. peared to have it. Callahan Herger Payne (VA) Yes, we will indeed lose some very ef- Calvert Hilleary Pelosi fective professional members if this RECORDED VOTE Camp Hobson Petri Mr. PETERSON of Florida. Mr. Canady Horn Pickett amendment passes, and perhaps its Cardin Hostettler Pombo true that we will have several less ef- Chairman, I demand a recorded vote. Castle Houghton Porter fective members in the same process. A recorded vote was ordered. Chambliss Hoyer Portman However, this is a huge country and I The vote was taken by electronic de- Chapman Hunter Quillen vice, and there were—ayes 135, noes 297, Chenoweth Hyde Quinn remain confident that the shoes of Chrysler Inglis Radanovich those leaving Congress would be re- not voting 2, as follows: Clayton Istook Rahall placed with dedicated, competent peo- [Roll No. 274] Clement Johnson (CT) Ramstad Clinger Johnson, Sam Rangel ple. Plus the country will not lose the AYES—135 Coleman Johnston Reed services of this quality people. They Baldacci Eshoo Kanjorski Collins (GA) Kaptur Regula will carry out perhaps even more im- Barrett (WI) Everett Kim Collins (IL) Kasich Reynolds portant tasks as a private citizen, Bartlett Farr Klug Combest Kelly Richardson Barton Fattah LaFalce Conyers Kennedy (MA) Riggs unencumbered by congressional rule or Bentsen Fields (TX) Lantos Cooley Kennedy (RI) Rivers constraints. Bilbray Foley Largent Costello Kennelly Roberts There was a time in my life that I Brewster Forbes LaTourette Cox Kildee Roemer Browder Fox Laughlin Coyne King Rogers thought I was indispensable to the U.S. Brown (CA) Frank (MA) Lincoln Crane Kingston Rohrabacher Air Force. I was a highly trained fight- Brown (OH) Funderburk Livingston Crapo Kleczka Ros-Lehtinen er pilot, instructor pilot, with consid- Bryant (TN) Furse LoBiondo Cubin Klink Rose erable combat experience. Guess what? Bunn Gejdenson Lofgren Cunningham Knollenberg Roth Burr Gonzalez Luther DeFazio Kolbe Roukema Due to circumstances beyond my con- Chabot Graham Manzullo DeLauro LaHood Roybal-Allard trol I was removed from my regular du- Christensen Green Martinez DeLay Latham Royce ties and did not return for nearly 7 Clay Gutierrez Matsui Dellums Lazio Rush Clyburn Hall (OH) McCarthy Diaz-Balart Leach Sabo years. I would like to say that I was so Coble Hall (TX) McCrery Dicks Levin Sanders sorely missed that the mission suf- Coburn Harman McHugh Dixon Lewis (CA) Sawyer fered, well as much as I would like to Collins (MI) Hayes McIntosh Dooley Lewis (GA) Saxton think I was that important, the fact is, Condit Hefner McKinney Doolittle Lewis (KY) Schaefer Cramer Hilliard McNulty Doyle Lightfoot Seastrand a pilot of equal or better qualifications Cremeans Hinchey Meehan Dreier Linder Sensenbrenner filled the void created by my departure Danner Hoekstra Minge Duncan Lipinski Serrano immediately without the air force Davis Hoke Moran Dunn Longley Shaw Deal Holden Neumann Durbin Lowey Shays missing a single step. My colleagues, Deutsch Hutchinson Ney Edwards Lucas Shuster rest assured there are many highly Dickey Jackson-Lee Ortiz Ehlers Maloney Sisisky qualified people in your district right Dingell Jacobs Orton Ehrlich Manton Skaggs now fully capable of filling your shoes. Doggett Jefferson Parker Emerson Markey Skeen Dornan Johnson (SD) Payne (NJ) English Martini Skelton Won’t staff take over if we impose Engel Johnson, E.B. Peterson (FL) Evans Mascara Slaughter term limits. The short answer is no, Ensign Jones Peterson (MN) Ewing McCollum Smith (NJ) March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3941 Smith (TX) Thornton Watt (NC) ‘‘ARTICLE— which 135 people voted for retroactive Smith (WA) Torkildsen Watts (OK) Spence Torres Waxman ‘‘SECTION 1. No person who has been elected application of term limits. I will now Spratt Torricelli Weldon (PA) for a full term to the Senate two times shall expect in honesty and truth in legislat- Stearns Upton Weller be eligible for election or appointment to the ing for every one of those 135 to vote Stenholm Velazquez White Senate. No person who has been elected for a for final passage, whether it is my bill Stockman Vento Wicker full term to the House of Representatives Stokes Visclosky Williams three times shall be eligible for election to or whether it is the Hilleary approach Stump Volkmer Wolf the House of Representatives. or whether it is the approach offered by Stupak Vucanovich Woolsey ‘‘SECTION 2. No person who has served as a the gentleman from Florida [Mr. Tanner Waldholtz Wynn Tate Walker Yates Senator for more than three years of a term MCCOLLUM]. Because I will assure you Taylor (NC) Walsh Young (FL) to which some other person was elected shall whichever one comes forward as the Thomas Wamp Zeliff subsequently be eligible for election to the will of this House I will support. I will Senate more than once. No person who has NOT VOTING—2 not insist on six. I think it is a little served as a Representative for more than one bit better. But I am happy to vote for de la Garza Gephardt year shall subsequently be eligible for elec- tion to the House of Representatives more one of the 12-year proposals. b 1721 than two times. So I particularly would hope that Mr. BARCIA, Mrs. COLLINS of Illi- ‘‘SECTION 3. No election or service occur- those on the Democratic side, the 81 nois, Mrs. MEEK of Florida, Mr. RUSH, ring before this article becomes operative that just voted for a retroactive appli- shall be taken into account when determin- and Mr. OWENS changed their vote cation of term limits, as this House ing eligibility for election under this arti- works its will, that you will vote with from ‘‘aye’’ to ‘‘no.’’ cle.’’. Mr. NEY and Mr. BILBRAY changed us on final passage. We need your help The CHAIRMAN. Pursuant to the to get 290 votes. We have an oppor- their vote from ‘‘no’’ to ‘‘aye.’’ rule, the gentleman from South Caro- So the amendment in the nature of a tunity. If every one of those 81 come lina [Mr. INGLIS] will be recognized for with us, we will have term limits at substitute was rejected. 30 minutes, and a Member opposed, the The result of the vote was announced the end of the night, and I look forward gentleman from Michigan [Mr. CON- to that day. as above recorded. YERS], will be recognized for 30 min- The CHAIRMAN. The Committee will Mr. Chairman, I reserve the balance utes. of my time. rise informally in order that the House The Chair recognizes the gentleman may receive a message. from South Carolina [Mr. INGLIS]. b 1730 f Mr. INGLIS of South Carolina. Mr. Chairman, I yield myself 3 minutes. Mr. CONYERS. Mr. Chairman I yield MESSAGE FROM THE PRESIDENT Mr. Chairman, we now come to the myself 3 minutes. (Mr. CONYERS asked and was given The SPEAKER pro tempore (Mr. continuation of this historic debate on permission to revise and extend his re- LINDER) assumed the chair. term limits. It is a very exciting day in marks.) The SPEAKER pro tempore. The America that we now have the oppor- Mr. CONYERS. Mr. Chairman, we Chair will receive a message. tunity to move on to real term limits and the opportunity to vote for term now come to the most objectionable of f limits for the first time in the history all the term limit proposals. The Inglis substitute would limit Congressmen to MESSAGE FROM THE PRESIDENT of this country. Before we vote in this House on a a mere 6 years—or three terms—in of- A message in writing from the Presi- real term limits proposal, the three fice. The proposal would make it im- dent of the United States was commu- that are about to come before us, let possible to run this institution in an nicated to the House by Mr. Edwin me make the point of what has hap- orderly and intelligent fashion. Thomas, one of his secretaries. pened out there in America in the If the Inglis substitute had been law The SPEAKER pro tempore. The States. none of the leaders selected by the Re- Committee will resume its sitting. Twenty-two States, now, in the Unit- publican Party—not Majority Leader f ed States have enacted term limits. Of ARMEY, not Speaker GINGRICH, and in- those States, as you can see here col- deed not a single Republican commit- b 1724 ored on this chart, 15 have adopted 6- tee chair—would have been eligible for year term limits. Four have adopted 8- office, let alone to assume their new TERM LIMITS CONSTITUTIONAL leadership roles this Congress. AMENDMENT year term limits. And three have adopted 12-year term limits. And if the Inglis proposal is such a The Committee resumed its sitting. Any of those is acceptable in my good idea, why didn’t the Republicans The CHAIRMAN. It is now in order to mind. Twelve years would be good if choose any committee chairs from consider amendment No. 2 printed in that is the one we end up with at the among those Members serving in their House Report 104–82. end of the day. Six years might be a first three terms? I think the answer is AMENDMENT IN THE NATURE OF A SUBSTITUTE little bit better, in my opinion, but the obvious—a 6-year term limit does not OFFERED BY MR. INGLIS OF SOUTH CAROLINA important thing is we pass term limits. make sense. It is the most radical of all Mr. INGLIS of South Carolina. Mr. It is important to note though if we the term limit substitutes. It would se- Chairman, I offer an amendment in the are looking at what States have done verely distort and disfigure the legisla- nature of a substitute that is made in that they have, a majority, adopted the tive process and recast our two century order under the rule. 6-year approach. It is also something to old Constitution so significantly that The CHAIRMAN. The Clerk will des- point out that when asked, the Amer- its authors would no longer recognize ignate the amendment in the nature of ican people apparently preferred the 6- the first branch of Government. The a substitute. year version. In fact, if you ask the jockeying for power that would occur The text of the amendment in the na- American people which one they prefer, in this place under a three-term cap ture of a substitute is as follows: 82 percent prefer three terms, and six would be unprecedented. Amendment in the nature of a substitute terms are preferred by 14 percent of the The Inglis substitute would create a offered by Mr. INGLISH of South Carolina: American people. This, I think, is con- Congress of lame ducks and lead to an Strike all after the resolving clause and in- sistent with most polls on the subject even greater proliferation of wealthy sert the following: and accurately reflects the view of candidates who could afford to abandon That the following article is proposed as an most people that 6 years is about right. their business careers for a few years. amendment to the Constitution of the Unit- Others are a little bit longer. And the few Members who were not ed States, which shall be valid to all intents But now that we have gotten that independently wealthy would be forced and purposes as a part of the Constitution when ratified by the legislatures of three- out of the way and I have advocated at to spend most of their time currying fourths of the several States within seven least on the 6-year bill, let me make a favor with special interests so that years from the date of its submission to the very important point to all of my col- they could further their States by the Congress: leagues here. We just had a vote on postcongressional career opportunities. H 3942 CONGRESSIONAL RECORD — HOUSE March 29, 1995 The Inglis proposal would severely Let me just pose one hypothetical No matter what the outcome of this limit the Members’ opportunity to gar- that could become, that would become vote. I will end my service in Congress ner the experience needed to master reality if this approach were to become after 6 years—that is what is right and the many important substantive areas law. The Speaker of the House of Rep- that is what I promised my constitu- of Federal legislation. Issues relating resentatives, the third ranking con- ents. to civil rights, intellectual property, stitutional officer in the Republic after Support the Inglis amendment and Federal procurement, communications, the President and the Vice President support real term limits. intelligence, labor, and income tax pol- would be presumptively a Member of Mr. CONYERS. Mr. Chairman, I yield icy—to name but a few—are all highly the House who had served all of 4 21⁄2 minutes to the gentleman from complex and sensitive. A 6-year term years. Had had 4 years to garner the Pennsylvania [Mr. GEKAS], a colleague limit would significantly diminish the kind of experience and perspective and on the Committee on the Judiciary ability and incentives for Members to understanding of this enormous coun- with whom I have served in many ca- understand and positively influence try and its complex Government, to be pacities. legislation in these areas. able to carry out the profound respon- Mr. GEKAS. I thank the Chairman The Members would have no choice sibilities, constitutional as well as ad- and I thank the gentleman, my col- but to turn to career staffers and bu- ministrative, of this body. league on the Committee on the Judi- reaucrats. The result would be a mas- I recall growing up and listening ciary, for yielding this time to me. sive shift of power from elected offi- sometimes to one of those early tele- Mr. Chairman, I rise to oppose the cials to unelected legislative and exec- vision shows, Ted Mack’s American current amendment because I am in utive branch staffers and lobbyists. Amateur Hour, in which we would all favor of term limitations and propose I urge the Members to reject this ill- sort of chuckle watching the little later to vote for the 12-year plan. But I considered proposal. black-and-white screen as persons oppose this facet of the process because Mr. Chairman, I reserve the balance would come up and often make fools of I also oppose legicide, because in of my time. themselves trying to perform in front adopting this amendment we would be Mr. INGLIS of South Carolina. Mr. of a television audience. I do not want killing the legislative branch of our Chairman, I yield 1 minute to the gen- to turn this body, much less the speak- government. Legicide we cannot afford, changing the terms we can afford. But tleman from Washington [Mr. ership of the House of Representatives, just as the gentleman from Michigan NETHERCUTT]. into some new amateur hour. Our re- has so adequately articulated, to (Mr. NETHERCUTT asked and was sponsibilities are far too important in shrink the individual service of Mem- given permission to revise and extend service to this country. bers to 6 years is to decimate the legis- his remarks.) The underlying assumption that we lative process; it is to take the legisla- Mr. NETHERCUTT. Mr. Chairman, I need anything like term limits of tive branch and make it each more sub- thank the gentleman for yielding this course is an assumption that needs to servient to the executive branch than time to me. be attacked at every turn in this de- ever it was before. On the one hand we Mr. Chairman, I rise today as the bate, has been mentioned time and grant the line-item veto which Representative of the fifth District of again already. When we have more strengthens the hand of the President, Washington in strong support of the than half of this body elected for the and then with the other hand we pull Inglis amendment. first time in the 1990’s, please tell me, back on the already limited power of In 1992 the voters in my State spoke where is the need? the legislative branch by having only 6- loud and clear on term limits. They Mr. INGLIS of South Carolina. Mr. year terms and no time for individuals 1 passed an amendment to impose 6 year Chairman, I yield 1 ⁄2 minutes to the to build up that institutional knowl- term limits on the House and 12 years gentleman from North Carolina [Mr. edge and the institutional power that on the Senate. HEINEMAN]. is necessary to make sure that the leg- The voters of Washington State were (Mr. HEINEMAN asked and was given islative process works. not alone. Since 1990, 22 States have permission to revise and extend his re- Now I owe it to the record and to my passed term limits. Fifteen of them marks.) constituents to explain my personal were for the limits of the Inglis amend- Mr. HEINEMAN. I thank the gen- position on this issue. When I was vac- ment: 6 years and 12 years. tleman for yielding this time to me. illating a few years ago, when this de- The Inglis amendment not only re- Mr. Chairman, I rise in strong sup- bate erupted, I said that the term lim- flects the will of my constituents and port of term limits. its are guided by the votes of the public the American people, it returns the The Constitution fixes certain limits every 2 years. But that did not satisfy House of Representatives to the role on the terms of Congress. Thomas Jef- my people. the Founding Fathers intended: ‘‘the ferson explained that his reason for fix- So I ran a questionnaire on this very peoples House.’’ Six years provides us ing terms on Congressmen was so that same subject; 27,000 questionnaires enough time to come to this great they would return to the people and be- were returned in my district and 82 body, pass laws on behalf of our con- come the governed instead of the gov- percent of those questionnaires said stituents and then return home to live ernors. that they opposed the proposal and under those laws. He believed that this would force supported term limits. Mr. Chairman, I am personally com- Congressmen to keep the public good in So any doubt that I had about where mitted to respecting the will of my mind. I would fall on this momentous issue constituents and the voters of Wash- Jefferson’s underlying premise is was sanctified by the opinion of my ington. I encourage my colleagues to simple—the longer a Representative is constituents, 82 percent said they want respect their constituents and return in the Congress and away from his con- term limitations. this body to the American people by stituents, the less likely he is to truly I am going to abide by their wishes joining me in support of the Inglis represent their interests. and then exercise my own judgment in amendment. Our Founding Fathers envisioned view of my previous remarks to vote Mr. CONYERS. Mr. Chairman I yield Congress not as a career as it is now, against this amendment and for the 12- 2 minutes to the distinguished gen- but a brief honor. After a short stint in year plan that will yet come to this de- tleman from Colorado [Mr. SKAGGS]. public service, the politicians were sup- bate. Mr. SKAGGS. I thank the gentleman posed to return home. Mr. INGLIS of South Carolina. Mr. from Michigan for yielding this time to A 6-year term limit will allow more Chairman, I yield 11⁄2 minutes to the me. citizens to serve in Congress, destroy gentleman from Massachusetts [Mr. Mr. Chairman, there are so many rea- the evils of incumbency, and keep BLUTE]. sons to be not just skeptical, but de- those who serve in Congress closer to Mr. BLUTE. I thank the gentleman spairing, of this particular variation on those who elected them. This is what for yielding this time to me. the term limits madness, that it is the Founders sought—a citizen legisla- Mr. Chairman, I think the American hard to know where to start. ture. people owe a debt of gratitude to the March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3943 gentleman from South Carolina [Mr. linois [Mr. HYDE]. I think he was cor- the most important issues facing the INGLIS] for his leadership on this issue, rect. American people. I think it is a credit for spearheading the term limits move- Adlai Stevenson was once asked his to Mr. INGLIS’ leadership, and I thank ment in our country and for self-impos- philosophy of democracy, and his re- him for yielding this time to me. ing his own term limit. Voters across sponse was, ‘‘Trust the people, trust It has amazed me, as we hear over America have already expressed their their good sense, their decency, their and over again 70 to 80 percent of the support for it through the ballot boxes. fortitude, their faith. Trust them with American people support term limits, In my own State of Massachusetts, the facts. Trust them with the great to hear the critics of term limits to say voters last year imposed a 8-year limit decisions.’’ that somehow term limits are going to on Members of the U.S. House; 21 other Every year the people consider the impede the will of the American people States have imposed term limits on deliberations of Congress, and every and prevent them from exercising their their Federal representatives. Organi- other year, every second year, they will every 2 years. Not at all. The fact zations have mobilized to get term lim- make a choice. They decide whether or is that it is the clear choice of the its passed in every State in the Union. not the Representative that they have American people to have term limita- They agree with people across the sent to Washington to represent them tions, and only if this Congress refuses country that the United States would has carried out the objectives that to submit a term limitation amend- be best served by a citizen Congress. they believe are appropriate. ment to the people and to the States Now despite the vision of our Found- We have term limits; that has been for ratification have we thwarted their ing Fathers, a class of professional stated over and over. It is 2 years. will, and to that extent we will do that. politicians has developed which, to Under the Constitution we must return But I want to address one particular to the people. prove the point, will reject legislation criticism of term limitations, and that Now I am one of those who returns to supported by 80 percent of the Amer- is that term limits will create an envi- my people every night because I live in ican people. ronment where professional bureau- this area, so I do not feel that I ever I call term limits antitrust legisla- crats will run the Federal Government, lose touch with my people. But the fact tion for politicians. We do not like mo- and that is simply not the case. Bu- nopolies in the private sector because of the matter is it is appropriate that every 2 years they can assess whether reaucrats enjoy the current system of they lead to two things: Higher prices professional politicians with a very fa- and less service. When politicians gain STENY HOYER has been a Representa- tive in which they have faith and trust miliar and cozy relationship that they monopoly power over their offices, build with those politicians that re- taxes go up and service and quality go and which they believe is carrying out their best interests. Do they agree with sults in too little accountability and, down. oftentimes, too little results. Once again the States are far ahead me on every issue? Of course not. They are, like every constituency, filled I attended a conference, a southern of Congress in reflecting the public legislators conference, a few years ago. sentiment, proving the argument Re- with people who believe that we ought to pass this bill or we ought not to pass They had a seminar on term limita- publicans have been making that tions. There were a number of bureau- States are where the will of the people this bill. Ultimately, however, they make a choice. crats there, there were a number of is heard most clearly. Mr. Chairman, the genius of our sys- elected officials there, and they asked I urge Congress today to listen to the tem is that in a democracy we give us to hold up our hands if we were in people and support term limits. them that choice. We do not need to favor of term limits. Out of the entire Mr. CONYERS. Mr. Chairman, I am protect them against themselves. They body there was one. That was myself. delighted to yield 4 minutes to the gen- have made choices, and in point of fact The fact is that roomful of bureaucrats tleman from Maryland, Mr. STENY it is a shame that the demagoguery felt very comfortable with a system in HOYER, a veteran of this process and a that sometimes passes for debate and which they had a relationship built leader in the Democratic Party. alleges that we have an institution with career politicians who defended Mr. HOYER. I thank the gentleman, peopled with careerists who have 25, the status quo. It is time that we give my friend from Michigan, for yielding and 35, and 45 years is simply not true. the States and the people term limita- this time to me. Do we have people who have been here tions. Mr. Chairman, I rise in opposition to that long? Yes, we do. But the average Mr. CONYERS. Mr. Chairman, I yield this amendment. My predecessor who term, as so many have said, is 7 years 2 minutes to the gentlewoman from spoke, the gentleman from the State of in this House. Over half of the House is California [Ms. PELOSI]. Pennsylvania, indicated that he owed new since 1990. Ms. PELOSI. Mr. Chairman, I rise in it to his constituents to state his posi- We have turnover, and that is, while opposition to this amendment. We have tion. I think that is fair and correct. an accelerated phenomenon, not a new heard some great speeches, I think, on We ought to state our position. I have phenomenon. It was a phenomenon the floor today on both sides of this consistently and without fail told my that in 1992, with 11-year service, issue, and many of us, of course, were constituents that I opposed the limita- maybe the senior member of my dele- impressed by the speech of the chair- tions of terms. This is a bipartisan po- gation, the other seven elected after man of the Committee on the Judici- sition. I was on the floor and I hope that. ary, the gentleman from Illinois [Mr. many of you, if you were not on the So the fact of the matter is the HYDE]. In it he referred to term limits floor, heard the remarks of the distin- American public is doing its job well. as the dumbing-down of democracy, guished chairman of the Committee on Do we always agree? No, we would and I thought, since he said that, he the Judiciary, the gentleman from Illi- have, on our side, have preferred they gave me license to tell another little, nois, HENRY HYDE, when he spoke. He voted for us this time. They did not. make another little, analogy about referred to this amendment and to But let us not diminish their choices what I think of these limits. other amendments imposing restraints by this unwise policy. Mr. Chairman, it is with the highest on the people—forget about the re- Reject term limits. regard and respect for the maker of straint on us—the restraint on the peo- Mr. INGLIS of South Carolina. Mr. this motion, the presenter of this ple to select from all the options peo- Chairman, I yield 11⁄2 minutes to the amendment, the gentleman from South ple they wanted to come to this House, gentleman from Arkansas [Mr. HUTCH- Carolina [Mr. INGLIS] that I referenced the people’s house and to speak for INSON], a good friend. Yogi Berra’s story. Yogi Berra in high them and represent them. Mr. HUTCHINSON. Mr. Chairman, I school did very poorly on his test, and want to join my colleagues in com- his teacher said, ‘‘Don’t you know any- b 1745 mending the gentleman from South thing?’’ Mr. Chairman, he referred to the im- Carolina [Mr. INGLIS] for his very Yogi Berra said, ‘‘I don’t even sus- position of this restriction on the elec- strong leadership on this issue and the pect anything.’’ torate as the dumbing-down of democ- fact that we have come this far in hav- Mr. Chairman, that is what I think is racy. That was the gentleman from Il- ing an open and recorded vote on one of part of the problem here. H 3944 CONGRESSIONAL RECORD — HOUSE March 29, 1995 When I came to the Congress, as I am will vote for final passage on the bill Although I have committed to vote sure every person in this room can tell left standing. for any term limit measure that will us, we thought we had a handle on it The majority of American people, come through this House, I strongly all. We thought we had developed judg- Mr. Chairman, favor term limits, and it believe that 12 years is too long. Pro- ment that would make us best is a major plank in the Contract With ponents of the 12-year limit and those equipped to answer all the problems America. Let us enact this day some who oppose term limits will argue that facing our society, and indeed our sort of term limit proposal. Congress needs Members with experi- freshman class, when it comes to the Mr. CONYERS. Mr. Chairman, I yield ence. I present to my colleagues that I Congress each time, every 2 years, is a 2 minutes to the gentlewoman from bring a body of experience to this insti- source of reinvigoration to this body. California [Ms. WATERS]. tution and that I plan on leaving here Many of us look to the freshman re- Ms. WATERS. Mr. Chairman, I rise in 6 yeras from now, if I am so fortunate cruits and say: opposition to the Inglis substitute. to be reelected, but I think, more im- Who among them will be President of Mr. Chairman, I have tried hard to portantly, the experience is not needed the United States? understand the position of those who within the hallowed halls of this insti- Who among them will have an answer support a constitutional amendment to tution, but out in the real world. to solving the problems in our society? impose congressional terms limits. I As my colleagues know, we hear lots Who will have the answer to making must admit, I am somewhat mystified of criticism about the lack of biparti- peace? by the implications of constitutionally sanship in this Congress. Well, there is Who will preserve the environment? imposed terms limits. one source of bipartisanship. It is the Who will make a better future for our Here is a sample of slogans for terms arrogance of career political elitism children? limit supporters: stop me before I win that we have heard today in this Certainly all of them will have a role, again; vote for—that way someone else House. but one or so of them may really rise can serve. Vote for term limits, that I say to the gentleman, ‘‘Mr. INGLIS, to the top, and so we look with great way I won’t have to retire; support I support your bill, and I urge my com- anticipation to that new class. term limits—I just can’t stop running. rades and constituents to do the But that is not to say that there is Voters of the world unite, you have same.’’ not a role in this body for many ranges nothing to lose but your power. Mr. CONYERS. Mr. Chairman, I yield of experience, the fresh, reinvigorating It’s funny, we have heard a lot from 3 minutes to the gentleman from Mon- freshmen, as well as the seasoned sen- the Republicans these past few months tana [Mr. WILLIAMS]. ior legislators in this body, institu- about the message voters sent last No- b 1800 tional Members from whom we can all vember. At the very least, Mr. Chair- Mr. WILLIAMS. Mr. Chairman, the learn, and so, whether it is dealing do- man, the voters said they wanted their proposal that the proponents of term mestically or in foreign affairs, we elected representatives to be the people limits, and I am an opponent of it, need to have people who know politics, they voted for. If the voters said any- place before us is based on follow the know the relationships our Govern- thing, it was that they want the people will of the people. The majority of the ment has with other countries and they voted for to serve in Congress. people want this; therefore, we should know how to solve problems in our But this constitutional amendment do it. country. undermines that choice. If politicians Now, let me speak to that. President Mr. Chairman, I say with high regard want politicians to serve shorter Harry Truman’s last words to this Na- for my colleagues that I urge my col- terms, they should just serve fewer tion were I have a deep and abiding leagues to vote against this. years. Do not restrict voters ability to faith in the destiny of a free people. So Mr. INGLIS of South Carolina. Mr. elect who they want. do we will. And all of us go home al- Chairman, I yield 2 minutes to the dis- To those who support term limits, most every weekend and listen to our tinguished gentleman from the great give yourself a break, the voters like people because it is from them that the State of North Carolina [Mr. COBLE]. you. Do your duty, serve them. Don’t great ideas for democracy have come Mr. COBLE. Mr. Chairman, I thank beat yourself up. and been allowed to flourish in this the gentleman from South Carolina, This bill is a gimmick designed to hall and in the United States Senate and I commend the gentleman from the fool people. Every term limit supporter and become law. land of the palmetto for the lead role in this House can personally enforce But the hard fact is, and I have not he has played regarding this issue. term limits. I’m afraid the real slogan heard anyone say it yet so I shall say Mr. Chairman, the Congress by its in- for the term limit Members of Congress it, sometimes the American people are action and inaccessibility has invited should be do as I say, not as I do. simply wrong, and on the matter of the anxiety that surrounds the term Mr. INGLIS of South Carolina. Mr. term limits they are simply incorrect. limit issue. The best course is for con- Chairman, I yield such time as he may It does not mean they are uninformed. stituents to determine the number of consume to the gentleman from Okla- It does not mean they are ignorant. It terms their Members of Congress serve. homa [Mr. COBURN] who, I might note, is just that on this issue they are in- But considering the chaos that domi- represents the fact that there is no correct. nates our lives, it has not worked well, dumbing-down in term limits, and who Now, I know that the Contract With and I, therefore, support term limits is a fine physician who has come to America is based on polling. The Re- with this thought: Let’s try change this House. publican leadership tells us that. They even though it may be wrong. Mr. COBURN. Mr. Chairman, I, too, would pass laws based on polling. They This reflects my frustration and the rise in strong support of the amend- would with this bill even change the frustration of the American people. ment offered by the gentleman from basic law of the land based on that I find it intriguing, Mr. Chairman, South Carolina [Mr. INGLIS]. will-o’-the-wisp, changing public opin- that this issue, which was so evasive I come from the Second District of ion. during decades of Democrat control, Oklahoma. Oklahoma has not dumbed- And it is a will-o’-the-wisp. You has incredulously found its way to this down. They have asked for term limits, know the American mood changes im- House floor for a vote under Repub- they have passed term limits, and they mediately following every 60 Minutes lican leadership in less than 3 months. know what they are doing. My support show. It changes following every The 12-year proposal applicable to for term limits goes beyond my obliga- Nightline show. And you would so Senate and House in my opinion is the tion to support the will of my constitu- change the Constitution based on that best plan before us. The 6-year House ents. I truly believe that the only way will-o’-the-wisp. Today’s popular view plan and the 12-year Senate plan is in- to restore the integrity to Congress is is quite often tomorrow’s public embar- consistent on its face and affords me to renew our belief that this House rassment. little comfort even though I may vote should be a citizen legislature, not a In the early 1960s, the Vietnam War for it. I voted in favor of the retro- safe haven for permanent professional was outrageously popular, only to be active proposal just before us, and I politicians. an embarrassment, only to have the March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3945 American people change their mind on tion in office was a way of life in the they voted out his majority, and now the Vietnam War before that decade early part of the House, and in the War we are back to divided government was out. between the States was the first time again. Just prior to the attack on Saddam we got up to a 4-year term limit. The problem with our inability to Hussein, Desert Storm, that military We have a mandate. Congress should solve major conflicts in this country action was unpopular. The American enact term limits for itself as it did for such as how to write a budget is not people did not want us to take it. And the Presidency. due to evil people ensconced in the cor- within 1 week it was enormously popu- Mr. CONYERS. Mr. Chairman, I yield ridors of this Capitol. It is due to the lar. myself 15 seconds. fact that, unlike any corporation, un- Not long ago a poll was done on the I want to commend the last speaker, like any human institution, whether it first 10 amendments, the Bill of Rights the gentleman from Washington State be a church, a company, a labor union, of the Constitution, without identify- [Mr. METCALF]. He is the first person or anything else, we have a system ing them. The American people said that has gotten up and said I am going that allows a president of one party they would get rid of half of the 10 to invoke term limits on myself, I do and a board of directors of the other amendments in that poll. Sometimes not need a constitutional amendment, party that can go exactly the opposite the American people are wrong. I urge and support one, but I am going direction, and in fact that is the way That is why the founders did not cre- to be my own controller of my fate. we have had to govern this country ate an Athenian democracy because Now, if we could get all of the Mem- now for 12 of the last 14 years. they knew a representative democracy bers that are anxious to have term lim- I suggest to you that if we want to was better. Why? Because there is a its to support them, we will take care really solve this problem, once this de- tyranny in a pure democracy and be- of this problem and maybe pass a con- bate is over, once the contract is over cause sometimes people are wrong, as stitutional amendment. with, let us sit down and look at a way they are in this matter of term limits. Mr. Chairman, I yield 3 minutes to to try to engineer an election system Vote against this amendment and vote the gentleman from Texas [Mr. BRY- whereby we discourage the possibility against the term limits proposal. ANT], a member of the Committee on of divided government every few years, Mr. INGLIS of South Carolina. Mr. the Judiciary. give one side or the other 4 years to try Chairman, I yield 2 minutes to the dis- (Mr. BRYANT of Texas asked and to govern this country and see if they tinguished gentleman from the State of was given permission to revise and ex- can be successful with a coherent pro- Washington [Mr. METCALF], where ap- tend his remarks.) gram of how to write the budget, co- parently 1.1 million people were wrong Mr. BRYANT of Texas. Mr. Chair- herent program of how to write all of in 1992 when they voted for term lim- man, this is a time when the new Re- the legislation that we deal with, the its. publican majority is attempting to appropriations process and all of it. Mr. METCALF. Mr. Chairman, I rise pass its platform; and it is, therefore, At the end of 4 years, if they did a to support the 6-year term limitation not a good time to introduce a new pro- good job, they will be reelected. If they bill. I worked hard in support of Wash- posal or a new concept into this discus- did not, they will be voted out of here. ington State’s initiative, which we sion. That is the way to deal with the prob- passed in 1992, which contained a 6-year I think it is a good time, however, to lem, I think. term limit, and it was an initiative, at least suggest a concept that is wor- I hope that once this is over we can and the public passed it. thy of exploring after this process is perhaps enter into a real discussion of We have a 6-year term limit in the over, and that is simply this: The prob- how to answer this problem in a way Second Congressional District. I have lems that have beset this country and that relates to the real causes of our pledged that I will serve no more than that have made it difficult for this inability to answer the problems and 6 years, whether it is finally declared Congress and the President to resolve the difficulties that face this country constitutional or unconstitutional. If our most fundamental problems has rather than try to blame it on some the people supported it, I will obvi- not been evil, long-tenured Republicans mysterious, unnamed evil people some- ously pledge that. or evil, long-tenured Democrats. In where in the corridors of this Capitol. It was said by a previous speaker fact, there are relatively few long The CHAIRMAN. The gentleman that a 6-year term limit was a bad mis- tenured of either party. from Michigan [Mr. CONYERS] has 8 take. He said those naive new Mem- The problem really has been divided minutes 15 seconds remaining, and the bers, or words to this effect, would be government, the fact that the budget gentleman from South Carolina [Mr. putty in the hands of the skilled pro- deficits went from about an average of INGLIS] has 15 minutes and 30 seconds fessional lobbyists, the staff and the about $60 billion during the presi- remaining. bureaucrats. dencies of Nixon, Ford, and Carter to Mr. INGLIS of South Carolina. Mr. You know, that certainly would not about $300 billion beginning in 1980 is Chairman, I am happy to yield 2 min- have been true with the freshman ti- the result principally of the fact that utes to the distinguished gentleman gers we elected this year. In fact, the we had divided government for 12 from South Carolina [Mr. SANFORD]. exact opposite is true. Talk to any per- years. While he is coming, I would point out son, talk to a person who has not even What am I talking about? Consider that he, too, represents the best in been here. Who would they be most this. In 1980, Ronald Reagan was elect- America that proves that this is not suspicious of, most cautious of, most ed with a mandate for change, promis- the dumbing down of America, for he is standoffish of? The lobbyists. Certainly ing big, important, dramatic changes, a successful businessman and farmer the staff and the bureaucrats. They are and indeed he was elected with a work- himself. the ones that would be most concerned ing majority in the House and a major- Mr. SANFORD. Mr. Chairman, I and careful. ity in the Senate. He instituted those would applaud my colleague’s efforts It is the long-time Members who changes, major tax cuts, major defense because he has gone from being a voice have become comfortable with those spending increases, and within 2 years in the wilderness to the leader in this people. They find that they are nice the public was so concerned about what national change. people, they like them, and they are they saw they voted out his working I rise in general behind the idea of the ones who are unduly influenced by majority in the House, and he did not term limits but very specifically be- the lobbyists, staff, whatever. have another one the entire rest of the hind the idea of a three-term limit. I do Short-term limits are a part of our time he was President. that because I think it most directly national history. In some of the colo- In 1992, President Clinton was elect- affects this culture of spending that we nial legislatures before the Revolution- ed. He came into office promising big have in Washington. ary War they had a rotation in office, change. Change was the main theme of Some would say, well, it does not an informal and some a formal term his campaign. He began to institute big matter how long people serve as long limit. There was a 3-year term limit in changes, including a dramatic health as there is some sort of limit. That is the Continental Congress for a while care plan. Two years later, the public the equivalent of saying it does not during the Revolutionary War. Rota- was so concerned about what they saw matter how long we stick somebody in H 3946 CONGRESSIONAL RECORD — HOUSE March 29, 1995 jail, just as long as they go there to limit our terms by just saying no. And deliberates issues, not merely brokers stay a little while. That does not, they have. Most Members of Congress of power. again, directly affect that which we have served only 3.5 terms. In fact, Mr. CONYERS. Mr. Chairman, I yield need to change, and that is this culture nearly half of the Members of the 2 minutes to the gentleman from Mis- of spending. present House have been elected in the sissippi [Mr. TAYLOR]. I think that the American taxpayer last two election cycles. Mr. TAYLOR of Mississippi. Mr. is the one in jail right now, and the The real joke here is that the pro- Chairman, I thank the gentleman for three-term limit affects this in a cou- ponents of term limits want term lim- recognizing me. ple of different ways. its, but not for themselves. It is like an Mr. Chairman, I think term limits is One, it reflects the will of the people. alcoholic calling for prohibition, but a foolish idea, and I think this is a par- Overwhelmingly, people have said on not for himself. And, is it any wonder? ticularly foolish idea. I was privileged the basis of 82 to 14 percent, and that is Of the 20 Members who serve either in to be elected to this body in October of a Frank Lynch poll, that they would the Republican leadership or as com- 1989. My very first meeting in the rather see people serving three terms mittee chairmen, only two—the major- House Committee on Armed Services than six terms. ity whip and the majority leader— also happened to be Colin Powell’s very Two, I think it goes back to the will would still be here today if we had 12- first meeting before that committee as of the Founding Fathers. They planned year House term limits. Chairman of the Joint Chiefs of Staff. for a citizen legislature in which people In fact, the average Republican lead- He had over 30 years to learn his job, went up for a little while and tried to er and committee chairman has served yet he makes recommendations that make a difference and then went home. 18 and a half years. One Senate term- only the House Committee on Armed In fact, what you see is that, on aver- limit advocate has been in the Senate Services and then this body and the age, for the first 100 years of this coun- for 41 years. It would be funny if it U.S. Senate can vote on, because the try’s existence, people came to Con- were not a truth that is making this Constitution gives us the authority to gress and there was 50 percent turn- debate so tragic. declare war. The Constitution says we over. That number has fallen down to, Let us protect the sanctity of democ- shall provide for an Army and for a for the last 40 years, about 10 percent racy by maintaining one of its most turnover in Congress. Navy. critical ingredients, unfettered deci- I would think the proponents of this Twelve years will not get you there. sionmaking by voters. Three terms would get us much, much measure could not stand before this Mr. INGLIS of South Carolina. Mr. body right now and tell us what a D–5 closer to that citizen legislature Chairman, I am happy to yield a model. is or Mark 48, or why we need a Seawolf minute and a half to a strong supporter submarine or the Centurion submarine. Last, I would go back to where we of term limits, the gentleman from started, and that is the American tax- The bottom line is the House Com- Pennsylvania [Mr. ENGLISH] payer who is now stuck in jail. The Na- mittee on Armed Services makes 275 Mr. ENGLISH of Pennsylvania. Mr. billion dollars’ worth of decisions every tional Taxpayers Union did a study and Chairman, I thank the gentleman for what they found was that there was di- year. These are decisions that affect yielding this time to me, and I rise in your lives. This body can vote to anni- rect correlation between the length of strong support of the Inglis amend- time in office and propensity to spend hilate the world. These decisions ment. other people’s money. So 12 years will should not be made lightly, and they As someone who ran as a supporter of begin to get us that. It is better than should not be made by people who do term limits and committed myself to no term limits at all. What they found not know what they are talking about. limit my own term of service, I believe was that three terms would do a much And if it took Colin Powell, who is a this amendment would be a huge im- better job at that. brilliant man, 30 years to learn his job, provement on current law and would be So I would hope that we would sup- then I would say that people in this a major improvement for this institu- port this measure. I think it represents body need at least 12 to learn theirs. tion. a real jailbreak for the American tax- Mr. INGLIS of South Carolina. Mr. payer. Chairman, I am happy to yield a b 1815 Mr. CONYERS. Mr. Chairman, I yield minute and a half to the gentleman 2 minutes to the chairman of the Urban I believe that term limits will help from Pennsylvania [Mr. FOX]. Caucus, the gentleman from Penn- circulate new blood and new ideas into (Mr. FOX of Pennsylvania asked and sylvania [Mr. FOGLIETTA]. Congress, and for that reason it has was given permission to revise and ex- Mr. FOGLIETTA. Mr. Chairman, I been the focus of enormous vilification tend his remarks.) thank the gentleman for yielding this by the political establishment, of lob- Mr. FOX of Pennsylvania. Mr. Chair- time to me, and I rise in opposition to byists, of political careerists and mem- man, I want to take this opportunity this specific amendment and to the bers of the news media. I believe that to thank the gentleman from Green- constitutional amendment for term congressional term limits will be a cat- ville, South Carolina, the distinguished limits generally. alyst for change and a seminal reform Mr. INGLIS, for his leadership with this Mr. Chairman, you have not found which will return this institution back important reform. The gentleman’s bill me rising to say much good about the to a citizen legislature, the way the which years ago would have gone unno- Contract With America, but there is founders conceived it. ticed, now it is the focal point of the one theme of the contract which I be- I have heard many speeches to day by public’s attention tonight. lieve is positive: that is putting more Members of this body, whom I regard Now, many Congresses of the past power in the hands of the people. very highly, that he will be losing would have been perceived as being out But this constitutional amendment enormous experience by instituting of touch or spent too much or may directly contradicts the theme of em- term limits. But I would argue to them have been perceived as being lifetime powering individual Americans. And it that the experience that this institu- term wishers. Now we have the 104th seeks to fix America through another tion needs is not of this institution, it Congress, 435 strong, a different Con- arbitrary and empty-headed gimmick. is from the professions, it is from the gress, one that has proven its account- One of the beauties of our democracy business community, it is from the ability, first with the adoption of the is that it gives power to the people core of our neighborhoods and our com- Congressional Accountability Act, the through choice. Expanding democracy munities. There are experiences that Shays Act; the three-fifths rule to pre- should be about expanding the deci- we need here that are underrepresented vent tax increases unless there are 60 sions people can make—not limiting that in my view would be brought in by percent to vote for it. We have cut them. term limits. This institution was es- house committee staff by one-third, a But this amendment would take tablished to contain citizens from all line-item veto to cut out wasteful away choice. It cannot be repeated too walks of life serving their country. In spending, no proxy voting in commit- many times that we already have term my view, term limits will make con- tee, legal reform and regulatory re- limits. Every 2 years, the people can gress a more diverse institution that form. That is what kind Congress this March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3947

104th Congress is. Pending reform legis- California [Mr. DORNAN], who rep- Speaker of the House, had 6 years of lation includes franking reform, cam- resents some of the 6.5 million people experience. It is not simply in the mat- paign reform, gift ban reform, and pen- in California who voted for term lim- ters of defense or national security, but sion reform. its. in every issue that comes before a de- But consistent with this excellent Mr. DORNAN. Mr. Chairman, I put in mocracy. There needs to be some bal- record of accountability, accessibility, my first term limits bill in my fresh- ance, and our Founding Fathers recog- and general reform, would be the adop- man year in 1977–78. I put in a 12-year nized that. tion of term limits, like the Inglis bill. House and 12-year Senate term limit The people have the ability to insti- I submit to you, Mr. Chairman, as bill every Congress over the past al- tute term limits. I have just come off a you know, our U.S. Constitution per- most two decades, and now I have come close race. The people make those mits amendments, and this effort of to the position with the gentleman choices every 2 years, and we do not many of us here is not approached from South Carolina [Mr. INGLIS] that 6 need a group of outside or inside ex- lightly. It will take a great deal of years in the House and 12 in the Senate perts limiting the options of the Amer- work. But the first step is tonight by is the way to go. ican people to make sure there is a passing this in the House before we go There have been many good speeches Congress that is as strong as they want to the Senate and the States. Eighty today. The best was on the opposite it to be to protect their rights and in- percent of the public favors and 22 side of my position from one of my terests. States have overwhelmingly adopted dearest friends in the House, HENRY Mr. INGLIS of South Carolina. Mr. term limits legislation. The American HYDE, the supreme protector of inno- Chairman, I am happy to yield a people are right. This body is the peo- cent human life in the mother’s womb minute and a half to the gentleman ple’s House and we should reflect their in this Chamber or the other body. But from Arizona [Mr. SALMON], who was will by voting for the Inglis bill to- I have been telling the gentleman for 18 one of the strong supporters of term night. years that his destiny was to be the limits legislation there which was Mr. INGLIS of South Carolina. Mr. Governor of Illinois for 8 years after he passed in 1992 by 74 percent. Chairman, I yield 11⁄2 minutes to the served 12 here. He would be serving in Mr. SALMON. Mr. Chairman, I have distinguished gentleman from Michi- the Senate today and probably be the to commend the gentleman from South gan [Mr. CHRYSLER]. front-runner for the Presidency of the Mr. CHRYSLER. Mr. Chairman, 70 United States of America if he had Carolina [Mr. INGLIS] for putting to- percent of the people in the State of been pushed out of this House with his gether a bill that does not violate the Michigan voted for term limits which best years ahead of him. And he has vote of the Arizona voters. I appreciate called for 6 years in the House and 12 still got a lot of great years here. that. years in the Senate, and I will too. I But, Mr. Chairman, 82 percent of the Let me tell you one compelling rea- applaud the gentleman from South American people want term limits. It son, one big large fat reason why we Carolina [Mr. INGLIS] for bringing this has passed almost after half of our should vote for term limits. It is the effort to the floor of the House and let- States, and about eight States have number 5 trillion, because this Con- ting us all have the opportunity to come down from 12, 8 or 10 to 6. Forty- gress, over the last few decades, has vote on real term limits, the way the two people in this Chamber did not plunged this country $5 trillion in debt. American people have wanted, the even have an opponent in the last elec- Maybe, just maybe, if we know we are term limits that American people tion. Ninety-one percent of incumbents going to be here for a time certain, 6 wanted and voted for. in both the Senate and House who years, we will have some guts and Term limits does not exclude people wanted their seat got it back. make the proper decisions to make the or prohibit people from running for of- Mr. Chairman, it simply comes down cuts where they need to be cut. Fifteen fice. You can run for the State house to this: The strength of this House will States have passed term limit laws and serve for 6 years, you can run for be in new blood, old blood, young that are limiting the House Members the State senate, you can run for Gov- blood, Hispanic blood, conservative, to 6 years, and 82 percent of the term ernor. You can run for the U.S. House black African-American blood, more limit supporters out there support 6 of Representatives, spend 6 years, you ideas in this Chamber. That will come years. can run for the U.S. Senate, spend 12 through term limits. I personally support the toughest years, and you can even run for Presi- Mr. CONYERS. Mr. Chairman, I am possible amendment in keeping with dent. You can spend your whole life very pleased to yield 11⁄2 minutes to the the will of the people in Arizona who running for political office and serving gentleman from Connecticut [Mr. sent me here, and that is why I cospon- in politifcal office if that is what you GEJDENSON]. sored the Inglis amendment. A limit of want. Mr. GEJDENSON. Mr. Chairman, it three terms for House Members will re- But there is one major distinction, seems to me that what we are doing store this body to a citizen legislature, and that is that you have to appeal to today unravels the balance of power because it will mean an average turn- a larger group of constituents each that the Founding Fathers established over approaching 50 percent. Now, if we time you run, and I think that is the when they wrote the Constitution of limit it to just six terms, the average true measure of your effectiveness as a this country. And my sense has been turnover is only going to be about 20 public servant. For those Members who for some time that if this generation of percent. Right now it is 16. So we are are so full of themselves that they politicians and citizens changed the only going to pick up a net of 4 per- think that they are the only ones that Constitution, we would not necessarily cent. can do this job, I have news for them. improve it. And the case in point to The Founding Fathers never intended There are many good Americans who here is clear. We only need to look to for us to become professional politi- can and have and will step into their our southern border to see what hap- cians. They intended for Members of shoes and do an excellent job. pens when you have a weak Congress Congress to serve for a limited time It is time to give America a citizens’ and a strong Presidency. Mexico has a and then go back to their farms at that legislature that will pass laws and then Congress with a term limit. One term time and work under the laws that go home and live under those laws. We and you are out of there. They have they passed. We will get better laws are public servants, and I support what been incapable of reviewing the actions out of this body. Let us abide by the the public wants. of the executive. will of the American people. Let us Mr. INGLIS of South Carolina. Mr. When you add the line-item veto in a support the 6-year Inglis amendment. Chairman, we just heard from some- Congress that is here for less time than Mr. INGLIS of South Carolina. Mr. body who represents some of the 2.3 it takes to become expert in almost Chairman, I am happy to yield 1 million people in Michigan that appar- any of the complex matters we deal minute to the gentleman from Arkan- ently made the wrong decision on term with today, a President, misguided or sas [Mr. DICKEY]. limits, according to a previous speaker. mistaken, would have no review from Mr. DICKEY. Mr. Chairman, what I Mr. Chairman, I am happy to yield an institution where the most senior want to do is stand here today and say 11⁄2 minutes to the gentleman from member of a committee, where the that what we need to do in our Nation H 3948 CONGRESSIONAL RECORD — HOUSE March 29, 1995 and in this Congress is to have the Na- Mr. Chairman, I would like to just tion out, by saying yes. And it is much tion speak through the various States. observe that we are marching our own easier to say yes than it is to say no. This legislative process is only a start. institution into oblivion. I am trying We also know that the trends indi- We need to pass a term limits amend- to search for the reasons why. What cate that the longer someone serves in ment, and we ought to send it to the would lead us to come to such a sorry this body, the more likely they are to various States and have them make conclusion that we need to regulate by become a big spender. their expressions. Constitution our own terms? Second, the longer they stay here in My State of Arkansas, we have 6 Oh, not for us exactly, after it suc- this body, the more dependent they be- years for the House and then 12 years ceeds through the ratification process. come on special interest contributions for the Senate. That is fine with me. My hat goes off to those three Members to finance their reelection campaigns. That is my direction and I am going to that I have heard that said they are So really term limits should be vote for this bill, and I am going to be going to impose constitutional limita- known as the empowerment act for a supporter of it as I have always been. tions on themselves that they would Members of Congress. It will clearly It is not because I want to be reelected, put into the Constitution. Those are help the Members of this body bite the it is not because some people have my kind of guys. bullet and make the very difficult deci- come to me and said if you do not do If we had a whole Congress like this, sions, the budgeting decisions that this, something is going to happen. It everybody that wants to impose limita- have to be made in the interest of this is because it is right. We need to re- tions should impose them on them- country. strict it. selves. And if Members did that, we I for one intend to respect and honor There are times for different meas- would probably be cured of the problem the will of California voters who voted ures, and the time has come for term that we complain of. loud and clear in 1992 to limit the limits. I am for it, I am going to vote Mr. Chairman, I yield to the gen- terms of Members of the California for this bill. I am also going to vote for tleman from Pennsylvania [Mr. congressional delegation to three 2- all the other bills so that we can even- FATTAH]. year terms in the House, two 6-year tually get a bill passed, an amendment Mr. FATTAH. Mr. Chairman, I rise to terms in the Senate. passed, that will go to the States. oppose this amendment and oppose Mr. Chairman, I thank the gentleman Mr. INGLIS of South Carolina. Mr. term limits as they are being proposed for his leadership on this issue. Elec- Chairman, I am happy to yield a here this evening. tive office should be short-term public minute and a half to the gentleman I think that we keep hearing about service and not a career. from Arizona [Mr. SHADEGG], who rep- these polls and how people want to I urge my colleagues to support the resents some of the 1 million people have term limits. In my district in Inglis amendment. who voted for term limits in 1992. Pennsylvania, over the last 16 years Mr. INGLIS of South Carolina. Mr. the voters have decided to replace two Chairman, I yield myself the balance of b 1830 incumbents, and they realized that my time. Mr. SHADEGG. Mr. Chairman, I there are limits already in place. Every Mr. Chairman, as we close this de- thank the gentleman. 2 years they get a chance to vote. And bate on this 6-year version of term lim- The people of Arizona have embraced in fact, in some 85 weeks from now its, I think it is important not to stress term limits. They have done so with they will have a chance to vote on all the 6 years or the number of years but full knowledge. They are intelligent, of us and whether they want to see us rather go back to the foundational and they can make their own decisions. return to the Congress. principle here of why we need term I listened to impassioned speeches on It is of interest that when you look limits. this floor today about how the Found- at the Republican chairs of committees Once again, that reason is the perma- ing Fathers would not have tolerated and all of their leadership, they are in nent Congress that we have got in the it. I heard quotes read from the Found- their sixth term or better. So, there- United States at this point. For all the ing Fathers’ papers. But the Founding fore, for all of the 12-year advocates or change we are talking about, we have Fathers wrote into our Constitution less, they should not be returning here heard a lot of speakers refer to the fact the ability to change the Constitution, to the Congress. They should, as the that we have got 50 percent of the body and it is important to harken back to ranking member has said, if they want is new in the last two cycles, all of that the fact that when the Founding Fa- to go, they should go. And for all of may be true. But the critical thing is, thers wrote that document, they had those who support this notion, they who came back that wanted to come no idea that the Congress would de- should look at their votes back in the back? What is the rate of reelection volve into what it is today, that it Republican conference, in which they among those who wanted to come back. would sit 50 out of 52 weeks of the year voted to elect all these people chairs Do not look at open seats, because we here, that it would not be a citizen leg- and Speaker GINGRICH to the Speaker’s know people die or retire or move on islature, made up of people who go chair after he served 17 years. for whatever reason. home and work in their districts and So the point is that after 6 years you But of those who wanted to come then come back here, citizens who somehow do not have the ability to back in 1994, with all of the change we write laws part of the time and live represent the legitimate interests of got, 90 percent of us were reelected. under those laws the other part of the your constituents, those people who That is a higher rate of reelection than time. are prepared to adopt that logic need the rate of reelection that used to ob- I am prohibited by the ethics code of to act on it and follow their wisdom to tain in the Soviet Union, when the Po- this body from continuing to engage in its more interesting and more ironic litburo ran the Soviet Union. my livelihood. I am a full-time Con- collusion, which is that they would It is very important that we limit gressman. have to leave the U.S. Congress. terms so that we can get a different If we want to return to a citizen leg- Mr. INGLIS of South Carolina. Mr. kind of person here. And yes, a person islature, then it is time to recognize Chairman, I yield 2 minutes to the gen- without that experience that so many that we have got to enact term limits. tleman from Windsor, CA [Mr. RIGGS], Members have talked about, with, The arrogance of saying those who are who represents some of the 6.5 million frankly, such arrogance, to assume here are the only ones who have the people in California who voted for term that we have such experience to run wisdom to govern this Nation is dead limits. these huge programs, that experience wrong. Mr. RIGGS. Mr. Chairman, I thank has landed us $4.8 trillion in debt. It is time to recognize the wisdom of the gentleman for yielding time to me. It is time for a different kind of expe- the Founding Fathers in allowing us to I thank him for his very strong leader- rience in this body, the experience of amend the Constitution and to return ship on this particular issue. ordinary people who would come here to a concept they embraced, which was My colleagues, if things work so well and work for a limited period of time that citizens write laws for America. at the present, how did we get a $5 tril- on their specific agenda and then go Mr. CONYERS. Mr. Chairman, I yield lion debt. We all know that Members of home to live under the laws they cre- myself the balance of my time. Congress get reelected, election in elec- ated. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3949 I urge Members support for this sub- Goodlatte Manzullo Sanders The text of the amendment in the na- Goodling Markey Sawyer stitute. Gordon Martinez Saxton ture of a substitute is as follows: The CHAIRMAN. The question is on Green Martini Schiff Amendment in the nature of a substitute the amendment in the nature of a sub- Greenwood Mascara Schroeder offered by Mr. HILLEARY: Strike all after the stitute offered by the gentleman from Gunderson Matsui Schumer resolving clause and insert the following: Gutierrez McCollum Scott That the following article is proposed as an South Carolina [Mr. INGLIS]. Gutknecht McDade Sensenbrenner amendment to the Constitution of the Unit- The question was taken; and the Hall (OH) McDermott Serrano Chairman announced that the noes ap- Hamilton McHale Shaw ed States, which shall be valid to all intents Hansen McHugh Shays and purposes as part of the Constitution peared to have it. Hastert McKinney Shuster when ratified by the legislatures of three- RECORDED VOTE Hastings (FL) Meek Sisisky fourths of the several States within seven Mr. INGLIS of South Carolina. Mr. Hastings (WA) Menendez Skaggs years from the date of its submission to the Hayes Meyers Skeen States by the Congress: Chairman, I demand a recorded vote. Hayworth Mfume Skelton A recorded vote was ordered. Hefley Mica Slaughter ‘‘ARTICLE — The vote was taken by electronic de- Hefner Miller (CA) Smith (NJ) ‘‘SECTION 1. No person who has been elected Hilliard Miller (FL) Smith (TX) to the Senate two times shall be eligible for vice, and there were—ayes 114, noes 316, Hinchey Mineta Smith (WA) not voting 4, as follows: Hobson Mink Souder election or appointment to the Senate. No Hoke Moakley Spratt person who has been elected to the House of [Roll No. 275] Holden Molinari Stark Representatives six times shall be eligible AYES—114 Horn Mollohan Stearns for election to the House of Representatives. Hostettler Montgomery Stenholm ‘‘SECTION 2. Election as a Senator or Rep- Allard Ensign Metcalf Houghton Moorhead Stokes Armey Everett Minge resentative before this Article is ratified Hoyer Moran Studds shall not be taken into account for purposes Bachus Fields (TX) Myrick Hunter Morella Stump Baker (CA) Flanagan Nethercutt Hyde Murtha Stupak of section 1, except that any State limitation Baldacci Forbes Neumann Istook Myers Tanner on service for Members of Congress from Barcia Fox Ney Jackson-Lee Nadler Tauzin that State, whether enacted before, on, or Bartlett Franks (NJ) Norwood Jefferson Neal Taylor (MS) after the date of the ratification of this Arti- Bass Funderburk Packard Johnson (CT) Nussle Taylor (NC) cle shall be valid, if such limitation does not Bereuter Furse Peterson (MN) Johnson (SD) Oberstar Tejeda exceed the limitation set forth in section 1.’’. Bilbray Ganske Pombo Johnson, E. B. Obey Thomas Blute Goss Pryce Johnson, Sam Olver Thompson The CHAIRMAN. Pursuant to the Bono Graham Radanovich Johnston Ortiz Thurman rule, the gentleman from Tennessee Browder Hall (TX) Riggs Kanjorski Orton Tiahrt [Mr. HILLEARY] will be recognized for 30 Brownback Hancock Rohrabacher Kaptur Owens Torkildsen Bryant (TN) Harman Ros-Lehtinen Kasich Oxley Torres minutes, and the gentleman from Bunn Heineman Roth Kelly Pallone Towns Michigan [Mr. CONYERS] will be recog- Burr Herger Royce Kennedy (MA) Parker Traficant nized in opposition for 30 minutes. Calvert Hilleary Salmon Kennedy (RI) Pastor Tucker Chabot Hoekstra Sanford Kennelly Paxon Upton The Chair recognizes the gentleman Christensen Hutchinson Scarborough Kildee Payne (NJ) Velazquez from Tennessee [Mr. HILLEARY]. Chrysler Inglis Schaefer King Payne (VA) Vento Clyburn Jacobs Seastrand Kingston Pelosi Visclosky b 1900 Coble Jones Shadegg Kleczka Peterson (FL) Volkmer Coburn Kim Smith (MI) Klink Petri Waldholtz Mr. HILLEARY. Mr. Chairman, I Condit LaHood Solomon Klug Pickett Walker yield myself such time as I may Cooley Largent Spence Knollenberg Porter Walsh consume. Cramer LaTourette Stockman Kolbe Portman Ward Mr. Chairman, tonight I am offering Crane Lewis (KY) Talent LaFalce Poshard Waters Cremeans LoBiondo Tate Lantos Quillen Watt (NC) an amendment to protect the rights of Cubin Longley Thornberry Latham Quinn Waxman individual States to impose term limit Davis Lucas Thornton Laughlin Rahall Weldon (PA) restrictions. DeFazio McCarthy Vucanovich Lazio Ramstad Weller Deutsch McCrery Wamp Leach Rangel Wicker First, my amendment sets a national Dickey McInnis Watts (OK) Levin Reed Williams term limit of 12 years in the House and Doolittle McIntosh Weldon (FL) Lewis (CA) Regula Wilson 12 years in the Senate. These are life- Dornan McKeon White Lewis (GA) Reynolds Wise time limits. Dunn McNulty Whitfield Lightfoot Richardson Wolf English Meehan Zimmer Lincoln Rivers Woolsey Second, our proposal allows States to Linder Roberts Wyden set limits less than 12 years if they so NOES—316 Lipinski Roemer Wynn choose. Abercrombie Camp Duncan Livingston Rogers Yates Ackerman Canady Durbin Lofgren Rose Young (AK) It does not preempt any of the term Andrews Cardin Edwards Lowey Roukema Young (FL) limit proposals currently passed by the Archer Castle Ehlers Luther Roybal-Allard Zeliff States. Do not confuse this with retro- Baesler Chambliss Ehrlich Maloney Rush activity. The Federal term limit provi- Baker (LA) Chapman Emerson Manton Sabo Ballenger Chenoweth Engel sion clock starts when the amendment Barr Clay Eshoo NOT VOTING—4 is ratified. For States that currently Barrett (NE) Clayton Evans de la Garza Pomeroy have State-imposed term limits, they Barrett (WI) Clement Ewing Gephardt Torricelli Barton Clinger Farr continue as enacted. This legislation Bateman Coleman Fattah b 1857 does not reach back to count any serv- Becerra Collins (GA) Fawell ice prior to what is included in the Beilenson Collins (IL) Fazio Mr. JONES and Mr. MINGE changed State term limit law and it does not Bentsen Collins (MI) Fields (LA) their vote from ‘‘no’’ to ‘‘aye.’’ Berman Combest Filner preempt any State term limits by Bevill Conyers Flake So the amendment in the nature of a resetting the clocks back to zero. Our Bilirakis Costello Foglietta substitute was rejected. legislation leaves the State-passed Bishop Cox Foley The result of the vote was announced Bliley Coyne Ford term limit laws alone and totally en- Boehlert Crapo Fowler as above recorded. forceable. Boehner Cunningham Frank (MA) The CHAIRMAN. It is now in order to Although term limits is a new issue Bonilla Danner Franks (CT) consider amendment No. 3 printed in being considered by the House of Rep- Bonior Deal Frelinghuysen House Report 104–82. Borski DeLauro Frisa resentatives, the citizens of 22 States Boucher DeLay Frost AMENDMENT IN THE NATURE OF A SUBSTITUTE around this country have already Brewster Dellums Gallegly OFFERED BY MR. HILLEARY passed term limits in their States. Brown (CA) Diaz-Balart Gejdenson Brown (FL) Dicks Gekas Mr. HILLEARY. Mr. Chairman, I Tonight we have the opportunity ei- Brown (OH) Dingell Geren offer an amendment in the nature of a ther to protect the hard work of those Bryant (TX) Dixon Gibbons substitute. people or turn our backs on them and Bunning Doggett Gilchrest The CHAIRMAN. The Clerk will des- let 9 justices in black robes across the Burton Dooley Gillmor Buyer Doyle Gilman ignate the amendment in the nature of street over here decide the fate of their Callahan Dreier Gonzalez a substitute. work. H 3950 CONGRESSIONAL RECORD — HOUSE March 29, 1995

My amendment has the support of Term limits would establish a Congress of lina [Mr. WATT], our colleague on the grassroots organizations which have lame ducks, rich people who could afford to Committee on the Judiciary. fought the hardest in support of term spend a few years away from their life’s Mr. WATT of North Carolina. I thank work, corporation executives sent by their limits. These groups have said that my employers for business purposes, and men my colleague from Michigan for yield- amendment is the best one to protect and women with a single passionately held ing time to me. term limits. It includes: United We goal. Mr. Chairman, at the end of the day, Stand America; the Heritage Founda- What is strikingly absent from this I think the American public will under- tion; National Taxpayers Union; Citi- list is the person whose public service stand that we have been engaged in a zens Against Government Waste; is marked by commitment to the best giant charade throughout the course of America Conservative Union, and the ideals of the Nation, who is not captive today. Everybody in this body knows Christian Coalition. to special interests and who has gained that this term limit proposal, any ver- I urge all of my colleagues to support the experience and expertise to best sion of it, is going down to defeat. the Hilleary amendment. serve the people who elected him or her Every version of it is going down to de- Mr. Chairman, I reserve the balance to Congress. feat. of my time. Term limits is a narrow slogan that So why are we here? We are here be- Mr. CONYERS. Mr. Chairman, I yield offers a ‘‘magic bullet’’ solution to a cause there was a reference to term myself such time as I may consume. set of concerns that the voters have al- limits in the Contract With America. (Mr. CONYERS asked and was given ready resolved through the ballot box So in debating this term limit issue, I permission to revise and extend his re- by giving the Republicans a majority think it is necessary to talk a little bit marks.) in Congress and electing new represent- about some myths about this Contract Mr. CONYERS. Mr. Chairman, this atives in half the races since 1990. With America and expose some myths amendment calls for a 12-year national Reject this simplistic and dangerous about this whole idea of term limits. term limit but at the same time allows solution. Vote ‘‘no’’ on the Hilleary First of all, there is this myth out the States to adopt shorter term limits term limit proposal. there that the Contract With America and then apply them retroactively. Mr. Chairman, I reserve the balance is conservative. Well, let me tell you, Ladies and gentlemen, this is a 12- of my time. my friends, since when is reversing 200 year term limit that allows each State Mr. HILLEARY. Mr. Chairman, I years of history and democracy a con- in the Union to adopt a shorter than 12- yield 2 minutes to my good friend the servative philosophy? year term limit if it so chooses. Do you gentlewoman from North Carolina Since when is a constant attack on have any idea what kind of chaos we [Mrs. MYRICK] who along with her staff the Constitution of the United States a are suggesting under a term limitation has put in countless hours on this bill. conservative philosophy? of this nature? Mrs. MYRICK. Mr. Chairman, our That is what we have been engaged in It is the most undemocratic and un- Founding Fathers established this body this entire term as we have addressed constitutional choice of term limits on the ideal of a citizen legislature. these issues in the Contract With that we could possible make. The Su- Their goal was to maintain the free America. preme Court will shortly decide the flow of ideas through a steady rotation In dealing with the line-item veto, we constitutional question of whether the of individuals who saw public service, have had under attack article 1, sec- States are prohibited from determining as just that, a service to the public— tion 1 of the Constitution. The Effec- qualifications for Members of Congress, not a career. tive Death Penalty Act, article 1, sec- as I believe they are, but Congress We have a chance to uphold the wish- tion 9 of the Constitution. National De- es of our Founding Fathers this should not adopt a proposal as patently fense Revitalization Act, the Defense evening by passing a term limits undemocratic and unfair as this. This Reauthorization Review Commission amendment. takes the cake. being set up, an attack on article 2, In addition we have a chance to pass Voters in some term-limits States section 2 of the Constitution. Exclu- an amendment that would not only re- will be denied the right to elect experi- spect the wishes of our Founding Fa- sionary Rule Reform Act, an attack on enced and effective legislators but thers but would also respect the spirit the fourth amendment to the Constitu- those limits may not apply in other of the Contract With America, by rec- tion. The takings legislation, the fifth States. ognizing States rights. amendment to the Constitution under Do you realize what that would mean The amendment is the Hilleary-fresh- attack. in terms of seniority and chairman- man amendment. Mr. Chairman, the And here we are again calling our- ships across this Congress if some contract reads: selves conservatives as we constantly States would have shorter term limits ‘‘House Republicans respect the seek to undermine the most conserv- than other States? I think it would be- rights of the States and respect the ative document, the contract, the ulti- come a nightmare that we would not rights of citizens to limit the terms of mate Contract With America, the Con- want to contemplate. their elected officials.’’ stitution of the United States. Some current Members, then, would The Hilleary amendment sets a maxi- Since when is limiting the voters’ gain seniority and others would be un- mum 12-year limit on the terms of both choice in who they can elect to the able to. Lack of uniformity means un- House and Senate Members. However, Congress of the United States a con- equal rights. it respects the limits, even stricter servative philosophy? It is not conserv- The present Speaker of the House has limits, already established by 22 States ative, my friends, this whole term said that 6 years was not enough time nationwide. limit debate. It is undemocratic and I for him to understand what is needed Mr. Chairman, whether it be the submit to you, it is un-American. It is to be an effective Member of this body. amendment offered by Mr. HILLEARY, radical. But this proposal would allow the Mr. INGLIS, or Mr. MCCOLLUM, I will Since when is this cavalier notion States to adopt a 6-year limit, or support final passage. that these group of people in this body maybe even a 2-term limit, or maybe, In 22 States, term limits have been are smarter than the Founding Fathers as in Mexico, a 1-term limit. There is initiated by citizens and have passed, of our country a conservative philoso- no prescription, no prohibition from on average 2 to 1; 80 percent of Ameri- phy? each State adopting whatever term cans support term limits, and I am one But my friends here would have us limit they might choose. of them. I urge all my colleagues—on believe that we are engaged in some Who will be elected to Congress if both sides of the aisle—to join with the kind of conservative undertaking by people who want to devote their ca- American people. supporting their effort, their Contract reers to public service are discouraged The public has spoken. We must pass With America, by supporting term lim- from seeking office? term limits tonight. its in this case. Remember our Judiciary colleague Mr. CONYERS. Mr. Chairman, I am There is a second myth I want to go Don Edwards of California who said it pleased to yield 6 minutes to the dis- after about this Contract With Amer- best: tinguished gentleman from North Caro- ica. That is the myth that there is March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3951 something consistent about this Con- Following the logic of Plessy versus ANNOUNCEMENT BY THE CHAIRMAN tract With America, or that it is based Ferguson, the 13th amendment and The CHAIRMAN. The Chair must ad- on some consistent philosophical prin- 14th amendment, and those who op- monish our guests again this evening ciples. posed that, using the gentleman’s that under the rules of the House pub- You tell me how it is consistent to logic, we would still have slavery be- lic displays, outbursts and displays are tell the American people you believe in cause anybody that wanted to end slav- not permitted. The Chair thanks them States rights when you preempt State ery would have been ‘‘smarter than the for their cooperation. law on legal standards which have been Founding Fathers.’’ Mr. CONYERS. Mr. Chairman, I am the exclusive province of the States for Mr. WATT of North Carolina. Will pleased now to yield 3 minutes to the years and years? Tell the States how the gentleman yield? distinguished gentleman from Illinois much time they must give to a crimi- Mr. SCARBOROUGH. I would love to, [Mr. DURBIN]. nal under their own laws and tell them but I think my time has expired. you believe in States rights. Block- (Mr. DURBIN asked and was given Mr. CONYERS. Mr. Chairman, I yield permission to revise and extend his re- grant one day and preempt State laws 1 minute to the gentleman from North marks.) the next day and tell them you believe Carolina [Mr. WATT]. Mr. DURBIN. Mr. Chairman, this is in States rights, and, my friends, the Mr. WATT of North Carolina. Mr. our weekly constitutional amendment Hilleary amendment, this amendment Chairman, I just want to make sure that we are here talking about today, that we understand the height of hy- and this week we are debating term wants to tell the American people that pocrisy. The height of hypocrisy is limits. There is lots of debate in this you believe in States rights and you when anybody black gets up to talk on Chamber over the last several months believe in Federal rights. Inconsist- this floor, we end up talking about about school prayer. Tonight we are ency. You want to have your cake and slavery on the other side. That is the dealing with the politician’s prayer, eat it too. height of hypocrisy. the prayers of many of my colleagues Mr. Chairman, this amendment does Mr. SCARBOROUGH. Mr. Chairman, who give spirited speeches in favor of not know whether it believes in States will the gentleman yield? term limits but pray to God it will not rights on the one hand, we are going to Mr. WATT of North Carolina. No, I pass or at least not apply to them. give the States the right to do what will not yield. The history of the House of Rep- they want, or whether you want to fed- Mr. SCARBOROUGH. It is about con- resentatives tells us that about 12,000 eralize the standards. So this whole stitutional law, it is not about whether men and women have had the high philosophy that the Contract With you are black or white. America is based on some consistent honor to serve in this body. Many have Mr. KLINK. Regular order. philosophical principle that you be- been real giants on both sides of the The CHAIRMAN. The gentleman lieve in States rights is just a charade. aisle, and it has been my honor in the from Florida was not recognized. It is a charade. 12 years I have served to know them. Mr. SCARBOROUGH. Will the gen- Claude Pepper, Tip O’Neill, Lindy b 1915 tleman from North Carolina yield? Boggs. On the Republican side, Silvio And, my friends, there is a third Mr. WATT of North Carolina. I will Conte, Bob Michel, and so many others myth about this Contract With Amer- not yield. Would you yield to me when who would have been precluded from I have the time? You use your time and ica. And that is that it has been well completing their careers by the debate we will have a colloquy about Plessy thought out and that it is good for the that we have in this Chamber today. versus Ferguson not Plessy versus Rob- American people. In fact, it is short- Here is the bottom line: For many sighted, it is mean-spirited and I will inson, as you are talking about. If you want to have a colloquy with me, you members of the House of Representa- submit that at the end of the day today tives, 2 years are too long and for oth- Members will see that even the Repub- get the time and I will be happy to de- ers, 20 years are not long enough. licans will not support this plank in bate with the gentleman. The judgment on the men and women the Contract With America. They say Mr. SCARBOROUGH. I will gladly do it will yield a common people’s Con- it, gladly. who serve in this House whether it gress. It will yield a rich people’s Con- Mr. HILLEARY. Mr. Chairman, I should be 2 years, 20 years or more is a gress. yield 1 minute to my very good friend judgment in America to be made by the Let us dispense with the charade and and colleague, the gentleman from real power brokers, the people we vote this piece of trash down. Tennessee [Mr. WAMP]. serve. And in the case of this House of ANNOUNCEMENT BY THE CHAIRMAN Mr. WAMP. Mr. Chairman, I person- Representatives, every 24 months we The CHAIRMAN. The Chair will ad- ally wish that we did not need term stand to be judged by those voters. monish our visitors this evening that limits but we do. The institution of Let me tell my colleagues what a public displays are not permitted under Congress became arrogant and out of House of Representatives populated by the rules of the House. touch. The people want a citizen legis- lame ducks, idle rich, dim-witted Mr. HILLEARY. Mr. Chairman, I lature. short-timers means. It is a dream come yield 45 seconds to my good friend, the I have some friendly advice for some true for the lobbyists, for the special gentleman from Florida [Mr. of the senior Members of this body interests and the bureaucrats, because SCARBOROUGH]. from both sides of the aisle. If you as Members of Congress come and go Mr. SCARBOROUGH. Mr. Chairman, think your seat in Congress belongs to under these term limits scenarios, the you, and not the people, it’s time for talk about a charade and wanting to lobbyists and the bureaucrats are going you to go home. have your cake and eating it too; to to linger on. They will be the ones with Because the Republican leadership say that it is undemocratic and radical the information, the money, and the had the courage to finally bring a vote and to say we think we are smarter power. And the people just passing than the Founding Fathers because we on term limits, you can vote against through will be doing their bidding in- want to amend the Constitution when term limits this year, and the folks stead of calling the tune. Their power it is time to amend the Constitution back home can vote against you next smacks of blatant hypocrisy. year. will grow as the quality and experience If we followed this reasoning we When I was growing up, the Fram oil of Members of Congress diminishes would follow the reasoning of those filter man used to say: ‘‘Pay me now or under term limits. who supported Plessy versus Robinson. pay me later.’’ It was my honor in the last 2 years to Mr. WATT of North Carolina. If the While I plan to vote for all of the ma- chair a subcommittee of Appropria- gentleman will yield, I knew we would jority amendments, I much prefer the tions which appropriated $67 billion a be talking about slavery before we Hilleary amendment. I commend my year and was responsible for 130,000 were through. colleague the gentleman from Ten- Federal employees. After 8 years of Mr. SCARBOROUGH. There is some- nessee for his recognition of the peo- serving on the committee, I had the re- thing we have called the 13th amend- ple’s will in 22 States and urge my col- sponsibility and honor of chairing it. ment and 14th amendment. leagues to vote yes on this amendment. At that point, I felt I had reached a H 3952 CONGRESSIONAL RECORD — HOUSE March 29, 1995 level where I could debate with the bu- gentleman from Massachusetts [Mr. they want to do whenever they want to reaucracy and the special interests and FRANK], the comanager of this bill and do it? And the honest thing I have make real and significant reform and the ranking member of the Constitu- heard is constant invocation of the change, and it happened. tion Subcommittee. Founding Fathers, the people who Had I been wandering through here in Mr. FRANK of Massachusetts. Mr. wrote the Constitution, to be told that 2 years or 4 years or 6, folks, it would Chairman, I thank the gentleman for they are really for something that is in have been a lot tougher. We count on yielding the time. there. I have to ask the brilliant con- experience in every walk of life. You do The Chairman, I am voting against stitutional scholars who have been ad- not ask for the surgeon fresh out of term limits. People have talked about vancing that, is it your contention medical school, you do not ask for the the effect on the competency of the that the Constitutional Convention banker fresh out of business school, body, and I agree; and they have talked meant to include term limits but they you ask for people with experience be- about other things. For me there is one forgot? Was it a drafting error, did cause experience counts in real life and overriding reason. I believe in democ- they run out of time? If they wanted to experience counts in the House of Rep- racy, in representative democracy, do it, why did they not do it? resentatives. untrammeled, unrestricted, unre- Mr. SCARBOROUGH. Mr. Chairman, Think twice before we impose term strained. will the gentleman yield? limits and lose the real strength of our What this amendment does is im- Mr. FRANK of Massachusetts. I yield House of Representatives. pinge on the right of a given group of to the constitutional scholar from Mr. HILLEARY. Mr. Chairman, I voters at a given moment in time to Florida. yield 11⁄2 minutes to my good friend, make whatever decision it wishes. Mr. SCARBOROUGH. Mr. Chairman, the distinguished gentleman from People have said well, how can it be I thank the gentleman so much. I will Washington State [Mr. NETHERCUTT]. undemocratic, a majority is for it. I did not expand on Plessy v. Ferguson, but I (Mr. NETHERCUTT asked and was not think in the 20th century, after all will answer the gentleman’s question given permission to revise and extend that we have seen, in which majority with a question. There are writings in his remarks.) have people temporarily taken away the Federalist Papers by James Madi- Mr. NETHERCUTT. Mr. Chairman, I democratic rights from others and in- son that say that in general he would thank the distinguished gentleman deed even yielded up their own, I did support the idea of a limited term for from Tennessee for yielding me this not think that needed to be explained. Representatives. time. But democracy is not simply what a Mr. FRANK of Massachusetts. That Mr. Chairman, I rise in strong sup- given majority in a public opinion poll answer is astounding. port of the Hilleary amendment. thinks at a given time. It is an entire Mr. SCARBOROUGH. Well, thank The American people already know structure of government, it is majority you, I appreciate that. about term limits. They are watching rule with minority rights; it is the pre- Mr. FRANK of Massachusetts. I say us closely to see if our actions speak as vention of permanence, because with in my question if the Founding Fathers loud as our words. Twenty-two States majority rule you recognize the right wanted to put it in the Constitution, have term limits, with more surely to of a later majority, a differently com- why did they not? The gentleman said follow. posed majority of newer people to well, after the Constitution was over My election to this body is a direct change things. and it was not in there, in the Federal- result of my recognizing the right of What you would do if you amended ist Papers, one member of the Con- the people of the State of Washington the Constitution today in this manner stitutional Convention said he liked it. to enact term limits. or began the process is to lock in what b That is the beauty of this amend- today’s majority thinks as a restric- 1930 ment. It respects the decision in my tion on any future group. Maybe he liked the idea later. Maybe State to limit terms. Second, you would take away the he did or did not. But the notion that The Hilleary amendment is carefully rights from individuals. Particular the later reference to a concept in a se- drafted to embody the spirit of the groups of individuals may not want to ries of essays somehow explains why Contract With America, and the spirit have their Representative limited. that concept was not in the document of the freshman class. That is what you are doing, what you is mindless. The gentleman did a better We freshman have come to Washing- are saying. And we are being told 80 job before. ton to change the status quo to be dif- percent think that. Again, the question was if the Found- ferent than our predecessors. As the It has not been my impression that 80 ing Fathers meant to do this, why did new majority party, we have the abil- percent has been the uniform vote in they not. That would seem a simple ity now to make it easier for future referenda, so maybe it is 50 percent question. The answer is, well, they did generations to serve in this body. plus 2, maybe it is 65 percent, but the not, but one of them mentioned it in a The Hilleary amendment provides for number is not the relevant factor. book. If the gentleman thinks that is a uniform upper limit of 12 years of What is relevant is that democracy an answer, he understands even less service, but it also allows States to says at any given time the voters than I thought. create their own more restrictive lim- should be allowed to make up their Mr. SCARBOROUGH. Mr. Chairman, its or keep the ones they already have. minds. will the gentleman yield? The Contract With America calls for What this amendment is fundamen- Mr. FRANK of Massachusetts. I yield change in the way we do business in tally is an effort to find a shortcut to the gentleman from Florida. Congress and a reduction in the size around tough decisions. We have had a Mr. SCARBOROUGH. I thank the and scope of the Federal Government. number of these coming in the con- gentleman for yielding. I will say this, This amendment accomplishes both tract. Cutting the budget and reducing not only were there certain things ex- goals. It allows a regular, reasonable the deficit is hard, because the deficit cluded from the Constitution, there turnover in the membership of Con- is an agglomeration of programs that were other things mentioned that were gress. It will assure that new people got there because they got political not included in there such as issues re- with new energy and new ideas contrib- support. garding what eventually came in under ute to better government. And, it will Rather than talk about the specifics the 13th and 14th amendments and the demonstrate to the American public of cutting, the majority leader said you women’s right to vote. that States’ rights are not ignored by do not want people’s knees to buckle Mr. FRANK of Massachusetts. Re- Congress. when they see what is really up. People claiming my time, I have to say to the I urge my colleagues to remember provide procedural approaches to try to gentleman the answer gets less and less the mandate of election day 1994. get around tough issues. This is one intelligible. The fact is he says, oh, the Vote ‘‘yes’’ on the Hilleary amend- more of those. But it is a procedural explanation for that not being in there ment. approach that restricts democracy. is that there are other things that were Mr. CONYERS. Mr. Chairman, with What is the matter with a system not in there. I understand that. There some pleasure, I yield 7 minutes to the that says the voters can do whatever were a lot of things that were not in March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3953 there. But do not take the absence of York [Mr. SERRANO], a member of the Mr. Chairman, term limits are sim- this concept from the Constitution and Committee on the Judiciary. ply silly. The American people already argue that its absence really meant Mr. SERRANO. I thank the gen- have—and exercised as recently as last that they meant it. tleman for yielding. November 8—the right to limit the This is fundamentally a derogation I rise in opposition to all term limit length of service of their own Senators from the democratic process. It is an amendments as they come here today. and Members of the House of Rep- argument that you really cannot trust It is a silly notion put together by a resentatives. elections on a year-in, year-out basis, bunch of losers. It is argued that term limits are nec- and it deprives individuals of their Let us understand what we mean by essary to wrench legislatures away right to vote for whoever they want to that. The current movement started from entrenched career politicians, and vote for whenever they want to vote when some people who were running the evidence of entrenchment is the for them, and for that reason more against incumbents lost and decided high reelection rate of incumbents who than any other, I oppose it. they were going to fix their defeats by seek reelection. Mr. MORAN. Mr. Chairman, will the creating this new movement. You re- Incumbents who seek reelection, Mr. gentleman yield? call a few years ago that is how it Chairman. We all know—or know of— Mr. FRANK of Massachusetts. I yield started. incumbents who chose not to run for to the gentleman from Virginia. I stand before you today as probably reelection because they knew they Mr. MORAN. I would just suggest the person that should be used as the were likely to lose. Likely to lose, Mr. that there is an answer to why it was poster child for the anti-term-limits Chairman. They decided to go out not included in the Constitution. movement. gracefully rather than spend the time In the original Articles of Confed- Yesterday was my 5th anniversary in or raise and spend the money and be re- eration there was a limit on the period Congress. I have already gone more jected all the same. of time in which you could serve. You than half the House in seniority in But look at my brief service in the could not serve for longer than 3 years those 5 years. So obviously there is House. I was elected in March 1990. In within a 6-year period. It did not work. nothing broken that needs to be fixed. November 1990, 45 seats changed hands. And so there was a debate, in fact, People are leaving this place. People In November 1992, another 110. In No- are making other decisions. People are vember 1994, another 87. By my calcula- precedent to the Constitution, and it being defeated. There is no need to do tions, at least 242 seats—more than was deliberately decided not to include this kind of a thing. half the membership of the House— term limits, because it did not work Now, every so often you get an oppor- have changed hands since March 1990. when the Articles of Confederation tunity to speak to people from Latin The term limits movement is the were the law of the land. So it is delib- America who always question why we brain child of losers, plain and simple. erate that we do not have term limits spend so much time in this country They ran for Congress and lost. Unable in the Constitution, and that is one of trying to undo our democracy. They to remove incumbents through the nor- the reasons why I do not think we tell us, ‘‘You know, we would give our mal political process, they have cre- should change the Constitution at this lives, and we do in many cases, to have ated a movement to remove incum- point either. your democracy. And what do you do? bents automatically. They have been Mr. FRANK of Massachusetts. I You talk about airport parking, you helped, and much public support has thank the gentleman for clearing that talk about salaries, you talk about been whipped up, by radio talk show up. people’s private lives and term limits. hosts and other professional Congress- Mr. HILLEARY. Mr. Chairman, I We want an election. We want the abil- bashers, who persist in painting gov- yield 1 minute to my colleague, the ity to elect someone, and you want to ernment service as corrupting. gentleman from Iowa [Mr. LATHAM]. unelect people.’’ You know, Mr. Chairman, I am bilin- Mr. LATHAM. Mr. Chairman, I just Now, in the last election, I receive 98 gual in Spanish and English, so I can want to say, the gentleman earlier re- percent of the vote with an opponent. keep in touch with scholars and politi- ferred to the idea of a charade around That was the highest in the Nation. Ac- cians in Latin America. And all the here. What has been the charade cording to you, the voters in my dis- time I hear, ‘‘What is it about you around here has been the past 40 years trict were dumb and did not know what Americans, that you are constantly when this issue has never come up for they were doing, and they should not trashing your own Government? What a vote on this floor of the House of be allowed to do that ever again, be- is it about you Americans that you Representatives in the past, and when cause they are dangerous to us, to spend so much time worrying about the former Speaker of this House, the themselves, and to their families, to how much money Members of Congress Democrat, sues his own State because their community, and certainly they make, what they drive, where they they want to limit his terms. That is a are endangering my life. park, whether they have a gym? And charade, folks. And last but not least, under your now you are going to kick them out And tonight I rise in support of term plan, you would have to elect the most after a certain amount of time regard- limits, the substitute offered by my progressive people in the Nation who less of how the people they represent colleague and good friend, the gen- would come together every so often, feel about them?’’ tleman from Tennessee [Mr. HILLEARY]. look at each other and say, ‘‘A couple Mr. Chairman, this comes from a I have been a strong supporter of of Hispanics, a couple of African-Amer- part of the world where people literally term limits in my campaign and was a icans, a couple of women, let’s make die to have a government like ours, lit- proud cosponsor of the McCollum term those two chairmen of committees, erally die for the opportunity to elect limits bill. However, the gentleman that one subcommittee chairman. Let someone and keep electing them for as from Tennessee [Mr. HILLEARY] has de- us give them equality.’’ The seniority long as they want, not see them shot in veloped even stronger language than system works. Term limits is for los- the middle of the campaign. And they the base bill, because the Hilleary sub- ers. Let it stay with the losers. look at us and say to me, ‘‘Serrano, stitute maximizes the ability of voters Mr. Chairman, I rise in opposition to que es lo que pasa?’’ to participate in their government. It amending the U.S. Constitution to And they’re right, Mr. Chairman. recognizes the rights of the people and limit the terms of Members of Con- This is crazy. the rights of the States over the rights gress. Mr. Chairman, term limits aren’t of the Washington politicians, and I The Republicans keep talking about just silly, they are unfair to groups would also like to say that no matter what a historic day this is. Well, that within our society that have tradition- whether the Hilleary version or the may be, but not for the reasons they ally been underrepresented in Con- McCollum version get the most votes, I claim. The House is being asked to vote gress. In the 30 years since the Voting urge my colleagues to vote for final on a measure of historic silliness, a Rights Act was enacted, minority and passage tonight. measure that represents a knee-jerk re- women Members have increased in Mr. CONYERS. Mr. Chairman, I yield action to a problem that, if it ever ex- numbers and increased in influence 2 minutes to the gentleman from New isted at all, no longer exists. through the seniority system. H 3954 CONGRESSIONAL RECORD — HOUSE March 29, 1995 In fact, cynics observe that just as This amendment provides for 12-year opinion poll in 1905 and you were in certain people—minorities and limits of service for both House and Congress, of course, you were going to women—begin to gain some power in Senate Members, yet—and this is very vote against women’s suffrage. Congress, some people decided it is important—it protects individual Please, do not give me that. Between time to curtail terms. And once that’s States’ laws limiting the congressional death, voters, and voluntary change of done, only the most good-hearted, pro- terms of service for their own Mem- occupation, 206 Members of this body gressive group of Members would look bers. Since the Hilleary amendment in the last 3 years are no longer here. around and say, You know, Mr. CON- works within the framework estab- That is almost half. You do not need YERS, Mr. WATTS, Ms. VELA´ ZQUEZ, we lished by the people of Missouri, I term limits to do that. You will not think we will share some of the power strongly believe this amendment is the need them in the future to do that. and influence in this place with you. best alternative. People make the choices as they have Term limits aren’t just silly and un- Therefore, Mr. Chairman, I urge my the right to do every 2 years, and for fair, they represent a major shift in colleagues to remember where they those who keep quoting the Constitu- power away from the people’s branch of came from, and remember where they tion, well, here it is, ladies and gentle- the Government. If we limit terms, are, in most cases, going back to—and men. I do not know when is the last sooner or later we will find Congress vote to allow the States to implement time any of you read it. Beside it hap- playing catchup to the executive their own term limits. pens to be the Federalist papers, but, branch, congressional staff, and lobby- Mr. CONYERS. Mr. Chairman, I yield look, there is nothing in it that says ists. So 10 years from now, we will see 3 minutes to the gentleman from Mary- you have to stay here. You can leave. a new movement of people who demand land [Mr. MFUME], the distinguished And, in fact, if you believe in 6 years, unlimited terms, who say ‘‘let people former chairman of the Congressional please, go, so that we can carry on the run.’’ Black Caucus. people’s work. Mr. Chairman, I was sworn in on Mr. MFUME. Mr. Chairman, I thank Let us not be disingenuous. Every March 28, 1990. I chose that day because the gentleman from Michigan for yield- Member of this body knows that none it was the 38th anniversary of my par- ing me this time. of these measures are going to pass to- ents’ arrival from Puerto Rico. I I want to stand here this evening and night. Everybody knows that. And if thought it would be a great tribute to join with other Members of this body you are honest, you would say it. But their many years of working in a fac- in absolute and unequivocal opposition we are going to play games and have a tory to give their children a better life of this nonsense in all of its versions charade. to have their son enter Congress that that have been before us tonight and The gentleman from Illinois [Mr. day. I know they would not have state a brief but very succinct case as HYDE], the most distinguished Member thought of Congress as an institution to why. And on this particular bill, be- I have served with on the other side of that would corrupt their son or turn cause it allows for all sorts of limits to the aisle, has said over and over again him into something they did not bring be placed, in other words, you could we do not need the dumbing down of him up to be. serve for 12 years or your State could the Congress. This ought to be about And that is why at bottom term lim- have you serve for 2 years, it creates substance and true debate and not a its are dangerous. they reinforce the chaos in a Government that is already charade. We know that all of these false notion that Congress and our en- too chaotic, and has no uniformity measures are going to fail tonight. tire Federal Government are corrupt that brings about any sense of resolu- Mr. HILLEARY. Mr. Chairman, I and that anyone who serves more than tion of problems. yield 11⁄2 minutes to my good friend, a certain time, regardless of his or her I keep hearing over and over and over the gentleman from Washington [Mr. accomplishments or contributions, is again from Members who are in sup- TATE], who, along with his staff, helped by definition crooked and unworthy of port of this, ‘‘Well, you know, the ma- an awful lot on this amendment. serving the American people any more. jority of the American people want Mr. TATE. Mr. Chairman, first of all, That simply is wrong, and serves only this. The majority of the American I would like to thank the gentleman to further diminish our most basic in- people think it is the right thing to from Tennessee for his hard work. He stitutions in the public’s eyes. do.’’ took the best of the McCollum bill and Mr. Chairman, some of our most emi- We were sent here to govern on what the best of the Inglis bill and put to- nent Members on both sides of the aisle was right and what was wrong and not gether an even better bill, a bill that are walking advertisements for letting to read some poll commissioned and will protect the rights of the citizens, the people choose their own representa- published in a publication. If we have those citizens of Washington State, for tives as many times as they like. I urge to do that, we do not need to be here, example, who took out petitions, went my colleagues to oppose any constitu- and maybe then term limits are effec- door to door, went to shopping malls, tional amendment to impose term lim- tive. I do not want anybody represent- went outside at the State fairs, went its on Congress. ing me reading poll results and basing out and gathered signatures, because Mr. HILLEARY. Mr. Chairman, I their work on that instead of using they wanted to change Congress. yield 2 minutes to the distinguished their judgment that they ought to have Why did they want to change Con- gentlewoman from Missouri [Ms. intuitively to do what is right and to gress? Because we had a Congress that DANNER]. see beyond the hype. was more interested in doing what they Ms. DANNER. Mr. Chairman, I rise The last time I looked, since someone wanted to do than what the people today in unequivocal support of term raised the question before, slavery was wanted to do, that was more interested limits. In 1992, 74 percent of the people considered to be all right in the minds in getting reelected than it was doing of Missouri voted in favor of an 8-year of most people in this country, so per- what was right, and things need to term limit for their U.S. representa- haps that is why all of those former change. tives and a 12-year term limit for their Congresses just kept on voting it We have heard a lot on this floor U.S. Senators. through and voting it through. The last about the reason why we need term As a strong supporter of term limits time I looked, in 1939, the majority of limits, because we need experience. while serving in the Missouri State the people in this country turned their Well, the folks across the aisle for the Senate and now as a member of the backs on Jewish Americans and turned last 40 years have had a lot of experi- United States Congress, I agree with around the Saint Louis from the ports ence, experience in raising our taxes, the peoples’ decision. of Florida and sent it back to Europe experience in raising the debt, experi- Unfortunately, the original amend- so that people could be killed and ence in raising the deficit. ment I cosponsored, which would have found to be in all sorts of, or all kinds Now, to use the example, the Found- provided limits identical to those of things happening to them because ing Fathers did not talk about that, passed in Missouri, will not be consid- the majority of people wanted it. well, maybe they did not know we ered under the existing rule. There is, The majority of people in this coun- would have 40 years of raising taxes however, an acceptable alternative— try did not want women to have the and raising the debt. They would have the Hilleary amendment. right to vote. So if you read a public wanted term limits. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3955 The people want a new experience, the political reality means some States stitution, but it was put forward by the my friends. They want a new change. will always have lower limits than the people after we had a President that And they want term limits. And that is cap is, and therefore some States will served nearly four terms, a very good exactly what we plan on giving them, have big advantages out here. Those President, I might add, that served and the Hilleary amendment is the best who do not go to those higher limits nearly four terms, but the people said approach. will be disadvantaged, their Members we do not need the same leaders for I urge your support. will be in committee work, in seniority life, we do not need them for a career, Mr. CONYERS. Mr. Chairman, I am in the system that we have under term we ought to have different people cy- trying to move the debate along as limits. cling in and out with new ideas and quickly as we can, and I would like to So I think the absence of uniformity new leadership, and that is what term reach across the aisle and yield 3 min- is generally a bad idea, though my un- limits is about, new ideas, new leader- utes to the gentleman from Florida derlying base amendment allows what- ship. We do not need the same people [Mr. MCCOLLUM], the distinguished ever the Supreme Court to decide to be even though they are good people. member of the Committee on the Judi- the case, and if indeed the Supreme There should be turnover coming into ciary. Court decides that the States currently this body, and I think that is what the (Mr. MCCOLLUM asked and was have the right to do what they have people are saying in their support for given permission to revise and extend been doing, then so be it. I am silent on term limits, and those are the reasons his remarks.) it, the base bill is silent on it, but I that I strongly support term limits. Mr. MCCOLLUM. Mr. Chairman, I must, as I say, oppose this now. I do Mr. HILLEARY. Mr. Chairman, I thank the gentleman for yielding me not believe we ought to give the States yield 2 minutes to the distinguished this time, and I rise here tonight reluc- a right in the Constitution they do not gentleman from Arkansas [Mr. HUTCH- tantly to oppose the Hilleary amend- currently have, and I urge a no vote on INSON]. ment, and I say reluctantly because of the Hilleary amendment. several reasons. Mr. HUTCHINSON. Mr. Chairman, I Mr. HILLEARY. Mr. Chairman, I thank the gentleman from Tennessee One, I respect the gentleman very yield 2 minutes to the gentleman from [Mr. HILLEARY] for yielding this time much, and I know what he has offered Kansas [Mr. BROWNBACK]. is genuine. There are many Members to me, and I want to compliment and Mr. BROWNBACK. Mr. Chairman, I commend the freshman class for their on my side of the aisle and the other thank the gentleman from Tennessee initiative and for the good work they side of the aisle who do accept the con- [Mr. HILLEARY] for yielding this time have done on the term limits proposal cepts embodied in this amendment, and to me. before us. reluctantly because I am a term-limits Mr. Chairman, I rise in support of I believe in term limits. I have sup- supporter, and I will vote for this ver- term limits and the Hilleary sub- ported it in the Arkansas Legislature. sion should it prevail and get to final stitute. My comments will probably I think that we have come a long, passage. not be as eloquent as a number of the long ways in the last 2 years in the I do not agree with a lot of the rhet- other people on the other side of the House of Representatives. I say to my oric we have heard here tonight in op- aisle that have been here quite a bit colleagues, I can remember 2 years ago, position to this amendment and others. longer than we have. But I do, nonetheless, believe I need This is primarily a freshman initia- when you could only get a handful of to put on the record why I am going to tive and one that we are putting for- cosponsors for term limits legislation. vote against this amendment in the ward, and so we do not, perhaps, have I can remember when we couldn’t get a Committee of the Whole. The reason quite the member of years of experi- hearing, we couldn’t get a committee why is because I do not want to see us ence that a number of other people do to take this proposal seriously. We put into the Constitution a provision in this body. I think that we bring the have come a long way. that gives the States greater rights will of the people clearly with us be- Twenty-two States have adopted it, than they have today under the Con- cause one of the key reasons to have and, Mr. Chairman, where the States stitution, because I fear that if we wind term limits, one of the key reasons it have it it is working. It has brought up, after the Supreme Court decides has not been discussed so much today healthy change, and the question ought the Arkansas case with a ruling, that to have term limits and limiting terms, not be before us: Well, how many good says that under the present constitu- is limiting government. I say, if you public servants are we going to lose if tional provisions, the States cannot do generally have people here for long pe- we have term limits? The question what they have been doing in these ini- riods of time, they’re looking to build ought to be: How many great public tiatives; we will then have passed the something for a legacy to live for for servants will we never give an oppor- Hilleary amendment, and we will wind their life, and here is something of a tunity to serve in the House of Rep- up in a situation where we will have resentatives because we do not have given the States more rights than the legacy that they put forward, and the longer one is here, the more they want term limits? Supreme Court says they have today, Mr. Chairman, the Hilleary amend- and that will assure a hodgepodge for a to build something, and that builds some more government, and that gets ment, I think, is a good approach. It es- long time to come of 6 years, 8 years, 12 tablishes a 12-year ceiling. It respects years for the House for many of the away from limited government toward an expansive government that we have the rights of States to be more restric- States around the country and many of tive. In my home State of Arkansas the the locations. had over the past number of years to a $5 trillion debt that is a mortgage on people, by more than a 60-percent vote, b 1945 the children, and we have got to cut it established a 6-year term limit. What Now there are some who will say that back. The reason to have term limits is right do we have up here to double that is perfectly fine. I disagree with some to limit government. by passing a 12-year without allowing of my colleagues who like the 6 years Mr. Chairman, I would like to re- them to have more restrictive laws and or the 8 years in large measure because spond very briefly to a couple of the ar- honoring what they have done? I do not think that it is smart for us to guments put forward here tonight al- Politicians are like cookies. They get have a term limit less for the House ready. One is that, well, if we have stale, and term limits will freshen this than for the Senate. I think it makes a term limits, we are going to give all place up. weaker body for the House vis-a-vis the the power to the lobbyists and bureau- One of my colleagues said term lim- Senate in conference committees and crats. I would ask my colleagues, ‘‘Who its are for losers, and I suggest to my so on. has it now? Who is taking it now?’’ I colleagues that it is that very attitude I also think that it is a problem if we concede that a number of it would go that has fueled the term limits move- do that and have a hodgepodge. I do to those places already. ment. It is not for losers. Eighty per- not believe that we will see the States A second point that people put for- cent of the American people support it, do what some have suggested and, over ward is, well, it was not in the Con- and there is wisdom in the common time, go up to the cap of 12 years the stitution. Well, limiting the President sense of mainstream America who says gentleman sets. I think the politics and to just two terms was not in the Con- we need to have term limits. It is a H 3956 CONGRESSIONAL RECORD — HOUSE March 29, 1995 populist movement that is sweeping perately need to do, and it allows the trolled Senate and they would not even America. States to chart their own course. hear the bill. Well, the people in Ari- How can we deny the people, through Two things I ran on: reforming this zona got so frustrated that they, their State legislatures, the right to institution and allow the States to through the initiative process, went debate and, if they so desire, to ratify chart their own course. out and collected tens of thousands of an amendment to the Constitution I say to my colleagues, please vote signatures during the hot Arizona sum- that would limit the terms of their for this amendment if you want to mer, and let me tell my colleagues it is elected Congressmen, a proposal sup- change America. hot and sweltering, and they collected ported by almost 80 percent of the Mr. HILLEARY. Mr. Chairman, I the signatures to get it on the ballot. American people? yield 1 minute to the gentleman from Seventy-four percent of the people in Mr. HILLEARY. Mr. Chairman, I Nebraska [Mr. CHRISTENSEN]. our State voted in favor of term limits. yield 1 minute to the distinguished Mr. CHRISTENSEN. Mr. Chairman, Now I think that we have talked a gentleman from Georgia [Mr. KINGS- earlier we heard that term limits is lot about deferring to the States, about TON]. mean spirited. I thought I heard it all deferring to the will of the people. Here Mr. KINGSTON. Mr. Chairman, I sup- last week, but this statement takes the we have an opportunity to put up or port the Hilleary amendment and the cake. Somehow the protectors of the shut up. The amendment offered by the substitute tonight. I think it is a very old order think that 70 percent of the gentleman from Tennessee [Mr. reasonable approach. It allows States American people are mean spirited. HILLEARY] gives the ability of the to have their own term limit if they Well, we are having a debate, the first States to determine how long that want to go for 6 years, 10 years or one here on term limits in 40 years, and their Representatives will serve. It is whatever. It is important. But I also it is welcomed by the American people. the ultimate in democracy. It allows think the thing about the amendment In my State of Nebraska, Mr. Chair- the States to make that decision, but offered by the gentleman from Ten- man, the voters overwhelmingly sup- it sets a 12-year cap. I cannot under- nessee [Mr. HILLEARY] that is impor- port term limits. As their Representa- stand why there would be any opposi- tant is that it does embody not just tive and as their hired hand, I am look- tion to that. this current freshman class, but a new ing forward to casting that vote here Now I do not know if the Founding spirit in America saying, ‘‘Come on tonight. As my colleagues know, I was Fathers would have ever placed term home, guys. We don’t want you to be an original cosponsor on the McCollum limits initially. I cannot say that; I prima donnas and become Washing- bill, but, as my colleagues know, the was not there, did not even get the T- tonian on us.’’ McCollum bill takes away States shirt. But I will tell my colleagues Term limits is a concept. Think rights, and I will be voting against the this: about it. We limit the term of the McCollum bill, and I urge my col- The Founding Fathers never envi- President of the United States. He is in leagues to vote for the amendment of- sioned a Congress like this that has charge, he or she is in charge, of the fered by the gentleman from Tennessee plunged this country $5 trillion into greatest country the world has ever [Mr. HILLEARY] because it protects debt. The American people deserve bet- seen, 260 million people, but a limited States rights in the 22 States who have ter, and, if we had 6 years or 12 years to term. In my hometown on a smaller term limits. serve in Congress, we would have a basis we limit the term of our mayor, We need to pass the amendment of- time certain, and we might stop the and yet our mayor does a fine job. fered by the gentleman from Tennessee nonsense. Mr. Chairman, I was a part of the [Mr. HILLEARY]. I urge my colleagues Mr. HILLEARY. Mr. Chairman, I Georgia General Assembly. The Geor- to vote yes. yield 2 minutes to the gentleman from gia General Assembly is comprised of Mr. HILLEARY. Mr. Chairman, I South Carolina [Mr. INGLIS]. citizen legislators, housewives, doctors, yield 2 minutes to my good friend, the Mr. INGLIS of South Carolina. Mr. railroad retirees, lawyers, teachers, gentleman from Arizona [Mr. SALMON]. Chairman, I thank the gentleman from farmers, business people. All of them Mr. SALMON. Mr. Chairman, I thank Tennessee [Mr. HILLEARY] for yielding are connected to the real world. That is the gentleman from Tennessee [Mr. this time to me. what term limits is all about, to get rid HILLEARY] for all his hard work on this Mr. Chairman, I rise in support of the of professional politicians. issue. He has put together a coalition, amendment offered by the gentleman Mr. Chairman, I think this a good I believe, that is the envy of everybody from Tennessee [Mr. HILLEARY] and idea, and I hope my colleagues will sup- in this body in a very, very short time, think that it really is an excellent way port the Hilleary amendment. and I praise his efforts. I would also to go here, and I want to thank two Mr. HILLEARY. Mr. Chairman, I like to praise the 20 percent of my folks or two groups of people in par- yield 1 minute to my very good friend, Democrat colleagues who support the ticular. First is the freshmen that have the gentleman from South Carolina term limits concept and the 80 percent made such a tremendous contribution [Mr. GRAHAM]. of my Republican colleagues who sup- to where we are today. Mr. GRAHAM. Mr. Chairman, this is port the same concept. As my colleagues know, prior to the the only place in America that I know As my colleagues know, it is inter- 1992 election there were 30 cosponsors of where there is really a whole lot of esting. I heard one of the opponents of term-limits legislation. After the doubt about this issue. There is a fog say that only losers support term lim- 1992 election, where my class came in, around this place like I have never seen its. Twenty-two States have passed there were over a hundred. Now, as a before. I said something this morning term-limits laws, and what I am hear- result of this new freshman class, I that I believe more this evening. I ran ing from the opposition is the voters think today we are going to be way on term limits personally saying I were smart because they voted for over 200. That is tremendous growth, would only serve 12 years. I regret that them, but they were not so smart when and it is because of the people that are the 6-year amendment did not pass. I they voted for term-limits laws. What standing right here. am about to change my mind. could be more democratic than 38 And in answer to something that the This place up here is amazing. We States having to ratify what we pass gentleman from Michigan asked ear- spend money like they are not going to out today? lier, how many of these folks would make it anymore, and I wonder why This does not end here. After we pass limit themselves, well, look at the the government is the way it is. this as a constitutional amendment, it freshman class, and my colleagues will I say, ‘‘You need to come up here and goes out to the States, and they then find the answer. As I look across this visit for a while. People are so de- will make that decision. sea of freshmen over here that are sup- tached from reality that it really is I would like to tell my colleagues a porting this amendment, I will tell the amazing.’’ little bit about Arizona’s term-limits gentleman from Michigan that quite a The amendment offered by the gen- law because 5 years ago, when I started few of them are going to limit them- tleman from Tennessee [Mr. HILLEARY] in the Arizona legislature, I sponsored selves to the term limit that they pro- in my opinion is a good compromise. It the first term-limits law. I might point pose. The proof is in the pudding with reforms Congress, which we des- out also that it was a Democrat con- these folks, and it is very exciting to March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3957 have them here and to have them part trillion debt and about to add another Thirty-eight States still have to rat- of this exciting and historic debate. trillion to it if we do not do something ify this amendment. That gives the The second group that I think it is about it. people of America the opportunity to important to thank at this point for That is why we need term limitations express clearly to us whether or not where we are in term limits is the lead- in the worst possible way, so that these they want term limits. I believe they ership of this House. What a tremen- Members will not depend on this job do. I believe they ought to have that dous thing, to have a Speaker who is and all of its salary and all of its bene- opportunity to decide, and that is why willing to bring this to the floor, a ma- fits for a career. They need to come I am supporting this amendment. jority leader who is passionately for us, here, do the job and go back home. Mr. HILLEARY. Mr. Chairman, I a subcommittee chairman of the con- Mr. HILLEARY. Mr. Chairman, I yield 1 minute to my colleague the gen- stitutional committee of the Commit- yield 1 minute to my colleague and fel- tleman from Missouri [Mr. HANCOCK]. tee on the Judiciary who helped us get low cosponsor, the gentleman from In- Mr. HANCOCK. Mr. Chairman, you this far and everybody in between. It is diana [Mr. MCINTOSH]. know there has been a lot of conversa- an exciting day for term limits. There (Mr. MCINTOSH asked and was given tion about the sincerity of the people is the Committee on Rules chairman permission to revise and extend his re- who say they believe in term limits. right there who worked very hard to marks.) Are they political opportunists? Is this get this rule to where we could win or Mr. MCINTOSH. Mr. Chairman, I rise just something that is a fad, that they get the closest to winning. It is an ex- in support of the Hilleary amendment do not really mean? citing day for term limits, and I par- and am proud to be an original cospon- In 1988, when I originally came to the ticularly support the approach of the sor of it. I think it is a valuable con- Congress, I said I would run for four tribution to one of the most important gentleman from Tennessee [Mr. terms. This is my fourth term. I will things we will be voting on in this 100 HILLEARY] here. It makes a whole lot of not be a candidate for the next term, days. sense. even though we are now in a majority. There has been a lot of talk about Mr. CONYERS. Mr. Chairman, I yield Mr. CONYERS. Mr. Chairman, will myself such time as I may consume. the Founding Fathers not putting term the gentleman yield? Mr. Chairman, I enjoyed the debate limits in the Constitution. But there Mr. HANCOCK. I yield to the gen- on the most mixed up term-limit pro- have been many fundamental changes tleman from Michigan. posal of all, and that is the one that we in our political process: limits on con- Mr. CONYERS. Mr. Chairman, may I are going to vote on in just a few min- tributions, campaign limits that have extend to the gentleman my serious utes. Why is it mixed up? Well, it says made it very difficult for challengers congratulations because he is the not only will we put a 12-year Federal to be able to actually challenge an in- fourth person who is dedicated enough limitation on, but we will also allow cumbent, franking and other means in to impose term limits upon himself. each State to put six, five, four, three, which the incumbents can preserve The gentleman is to be congratulated. two, one, yes, one term, if they choose, their powers. Mr. HANCOCK. Mr. Chairman, re- on, and it gives the States, as the gen- We are making great changes in this tleman from Florida pointed out, pow- Congress, and the people made great claiming my time, I thank the gen- ers that are not presently in the Con- changes in the last election. But we tleman very much. I appreciate the stitution. need to be reminded, as Lord Acton kind words. pointed out, that power corrupts and However, I am convinced, I am con- b 2000 absolute power corrupts absolutely. We vinced that with term limits the situa- I am also delighted to hear the in- do not have absolute power, but we do tions that occurred since I have been in creasing number of Members that real- have power in this Congress, and we the Congress, the type of thing that ize that the constitutional dodge, should guard against the possibility went on, quite frankly, with the House which is what all this is tonight, is not that this new majority would be cor- Bank, that went on with the Post Of- going to be adhered to because they are rupted by that power. fice would never have occurred if we going to voluntarily impose limita- For that reason, I favor term limits had had term limits in the first place. tions on themselves. And I got up to because I think it would be a shame if Mr. HILLEARY. Mr. Chairman, I the magnificent number of three people what we see as a great advance forward yield an additional minute to my good that I have recorded that have admit- is ended up being corrupted by the in- friend, the gentleman from Arizona ted that they would do that. There may fluences in this institution. [Mr. SALMON]. be a fourth or a fifth around, I am not Mr. HILLEARY. Mr. Chairman, I Mr. SALMON. Mr. Chairman, I would sure, and if they are, we want them to yield 1 minute to my good friend and just like to respond. identify themselves. colleague, the gentleman from Ten- From the other side I have heard the I will still be earnestly soliciting the nessee [Mr. BRYANT]. allegation now that there is only four fervent supporters of constitutional Mr. BRYANT of Tennessee. Mr. people. I just kind of wonder where you amendments to find out who is going Chairman, I thank my colleague from have been because last week there was to impose it on themselves. You will Tennessee for yielding this time. a press conference held, and there were not have to wait seven years. You will I rise in strong support of this at least nine of us, some from the Dem- not have to take it through State legis- amendment to limit the terms for peo- ocrat ranks as well, that went and latures. ple in Congress. I am one of those folks signed a pledge and turned it in to the In closing, on polls, the assault weap- who have only been up here about two Secretary saying that we would not ons ban poll says that there are a lot of months as a freshman, and I have run more than our States had author- people in America that want an assault taken the voluntary 12-year limit on ized us to run. weapon ban, and it is not stopping my term, whether these amendments The State of Arizona has a six-year about half the Members of this Con- pass or not. term limit and has stated that they do gress. Vote this amendment down. I think what it boils down to tonight, not want our representatives serving Mr. HILLEARY. Mr. Chairman, I from what I have listened to as I hear any more than six. I have made that yield 1 minute to my colleague, the the debate, is who is better to decide pledge, as have a number of other gentleman from New York [Mr. SOLO- whether or not we have term limits. Members in this Congress, and just be- MON], the distinguished Chairman of Many of my colleagues feel that we cause the other side does not know it the Committee on Rules. have more wisdom, we are better suited happens does not mean it ain’t so. Mr. SOLOMON. Mr. Chairman, I to decided if we need term limits. I Mr. ARMEY. Mr. Chairman, I rise in support thank the gentleman for yielding the think it is the American people that of the amendment from the gentleman from time. need to decide that. And by simply vot- Tennessee. And let me say I am glad that our My colleagues, how did we get our- ing for this amendment tonight we do Contract With America has enabled us to have selves in this mess? Because this Con- not make that decision. We simply this first-ever vote on an idea so popular with gress says yes to everybody and no to hand it over to the people back in the the American people. Given that our prede- nobody. And that is why we have a $4.5 States. cessors in the Democrat Congress were never H 3958 CONGRESSIONAL RECORD — HOUSE March 29, 1995 even willing to let term limits be debated, that Now we have a chance to join to- Chenoweth Hall (TX) Petri Christensen Hancock Portman alone is progress. gether in a bipartisan manner to honor Chrysler Harman Pryce And let me add that I am very proud of our that work. With this freshman term Clement Hastert Quinn Republicans. We have overwhelming support limits amendment we have a chance to Coble Hastings (WA) Radanovich tell people who voted for term limits, Coburn Hayworth Ramstad for term limits on our side of the aisle, more Cooley Heineman Riggs than 90 percent of us will vote ``yes'' tonight. this Congress is different. This Con- Cox Herger Rohrabacher So after tonight, the American people will gress heard your concerns and re- Cramer Hilleary Ros-Lehtinen know exactly which party is for term limits, and spected your wishes. Or we can tell the Crane Hoekstra Roth Crapo Hoke Royce which party is against. people in 22 States that they do not Cremeans Hutchinson Salmon To the distinguished gentleman from Illinois, know what they are doing. Danner Inglis Sanford and to all of you who oppose term limits on The people have always been way Davis Jacobs Scarborough ahead of the politicians on the issue of Deal Jones Schaefer principle, let me say I respect your position. Deutsch Kelly Schiff Reasonable people can and do disagree on term limits, and now is not the time Dickey Kim Scott this issue, and I have heard eloquent argu- for the Congress to tell the people they Doolittle Kingston Seastrand were absolutely wrong. Dornan Klug Shadegg ments on both sides. Dunn LaHood Shaw James Madison and George Mason sup- We all remember a former Speaker of Ehlers Largent Smith (MI) ported term limits. Other equally luminous this House who told the people of his English Latham Smith (WA) Founders opposed the idea. Obviously, the home State they were wrong to pass Ensign LaTourette Solomon term limits. He second-guessed the Everett Lazio Souder opponents prevailed back then. And perhaps Ewing Lewis (KY) Stearns that was the right decision 200 years ago. But people who sent him here, and he paid Fields (TX) LoBiondo Stockman times have changed, in two important ways. a price on election day. Those of us in Flanagan Luther Stump the 104th Congress, Democrats and Re- Foley Manzullo Talent First, reelection rates have skyrocketed. Forbes McCarthy Tate Thanks to gerrymandering and other devices, publicans alike, should not make that Fowler McCrery Tauzin challengers now have an unfairly steep hill to same mistake. Fox McInnis Taylor (NC) climb. Term limits would, in effect, return mat- Tonight, I urge my colleagues to vote Franks (CT) McIntosh Thornberry for a solution that shows respect for Franks (NJ) McKeon Tiahrt ters to where they stood in the beginning, re- Frelinghuysen McNulty Torkildsen storing what George Will has called a greater the most democratic form of lawmak- Frisa Meehan Traficant constitutional space between incumbents and ing in this country, the citizen initia- Funderburk Metcalf Waldholtz tive. But, most importantly, I urge all Furse Miller (FL) Walker the special interests that seek to control them. Ganske Minge Wamp Term limits would take away a politician's in- of my colleagues to vote for the people Gillmor Myrick Watts (OK) centive to try to build his own personal empire who stood in those parking lots and to Goodlatte Nethercutt Weldon (FL) with other people's money. vote for those 25 million people who Goodling Neumann Weldon (PA) have already cast their votes for term Gordon Ney Weller The second important change is that the Goss Norwood White American people now overwhelmingly support limits. I urge my colleagues to support Graham Orton Whitfield term limits, to a degree verging on national the Hilleary amendment. Greenwood Paxon Wolf Before I yield back the balance of my Gunderson Peterson (FL) Zimmer consensus. A number of people today have Gutknecht Peterson (MN) argued that term limits show insufficient trust time, I would just simply like to say in the people. Well, I would argue just the op- that we have had an incredible amount NOES—265 posite. The best way to show trust in the peo- of work put in by so many freshmen Abercrombie Cunningham Hinchey ple is to respect their overwhelming support and sophomores and even some upper- Ackerman DeFazio Hobson classmen here who got behind this bill Andrews DeLauro Holden for term limits. Archer DeLay Horn To those of you who plan to vote ``no'' on in a very short period of time, got an Baesler Dellums Hostettler everything todayÐor vote ``no'' on final pas- awful lot of resolve behind it, and it Baker (CA) Diaz-Balart Houghton shows a lot of steam. We do not know Baker (LA) Dicks Hoyer sageÐI would simply remind you, as a friend, Barr Dingell Hunter that anything your constituents support by a if we are going to win or not, but we Barrett (NE) Dixon Hyde margin of 4-to-1 merits a good second look are awful proud that we actually paid Barrett (WI) Doggett Istook before you vote ``no.'' respect to the contract and even the Bateman Dooley Jackson-Lee implied promise not only to bring it to Becerra Doyle Jefferson Finally, to those of you who are truly unde- Beilenson Dreier Johnson (CT) cided on this issueÐto those of you who are the House floor for a vote but to do ev- Bentsen Duncan Johnson (SD) open to persuasionÐI would simply urge you erything we could possibly do to have Bereuter Durbin Johnson, E. B. real term limit reform in this House. Berman Edwards Johnson, Sam to give term limits the benefit of the doubt and Bishop Ehrlich Johnston vote ``yes.'' Mr. Chairman, I yield back the bal- Bliley Emerson Kanjorski Mr. HILLEARY. Mr. Chairman, I ance of my time. Boehlert Engel Kaptur yield myself the balance of the time. The CHAIRMAN. The question is on Bonilla Eshoo Kasich the amendment in the nature of a sub- Bonior Evans Kennedy (MA) Tonight, Mr. Chairman, I stand on Borski Farr Kennedy (RI) the floor of the House and represent al- stitute offered by the gentleman from Boucher Fattah Kennelly most 25 million Americans who cast Tennessee [Mr. HILLEARY]. Brown (CA) Fawell Kildee The question was taken; and the Brown (FL) Fazio King votes for term limits in 22 States. I Brown (OH) Fields (LA) Kleczka stand here and represent the thousands Chairman announced that the ayes ap- Bryant (TX) Filner Klink of Americans who stood out in parking peared to have it. Bunning Flake Knollenberg Burton Foglietta Kolbe lots, gathered petitions, signatures in RECORDED VOTE Buyer Ford LaFalce sweltering summer heat in Arizona, Mr. CONYERS. Mr. Chairman, I de- Callahan Frank (MA) Lantos Oklahoma, and California, the frosty mand a recorded vote. Calvert Frost Laughlin weekend mornings in the northeast and A recorded vote was ordered. Camp Gallegly Leach Cardin Gejdenson Levin the rainy afternoons in the Pacific The vote was taken by electronic de- Castle Gekas Lewis (CA) Northwest. vice, and there were—ayes 164, noes 265, Chapman Geren Lewis (GA) Mr. Speaker, those people who have answered ‘‘present’’ 1, not voting 4, as Clay Gibbons Lightfoot already fought and won the term limit Clayton Gilchrest Lincoln follows: Clinger Gilman Linder wars in 22 States did not get involved [Roll No. 276] Clyburn Gonzalez Lipinski because they were Republicans or Coleman Green Livingston AYES—164 Democrats or liberals or conservatives. Collins (GA) Gutierrez Lofgren Allard Bass Browder Collins (IL) Hall (OH) Lowey They got involved because they were Armey Bevill Brownback Collins (MI) Hamilton Lucas not happy with the Government they Bachus Bilbray Bryant (TN) Combest Hansen Maloney were getting. They thought the Con- Baldacci Bilirakis Bunn Condit Hastings (FL) Manton gress was too permanent and too arro- Ballenger Blute Burr Conyers Hayes Markey Barcia Boehner Canady Costello Hefley Martinez gant. They saw a problem and were Bartlett Bono Chabot Coyne Hefner Martini willing to do something about it. Barton Brewster Chambliss Cubin Hilliard Mascara March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3959 Matsui Pelosi Stark tion to the House of Representatives more and not be able to appear on the bal- McCollum Pickett Stenholm than five times. McDade Pombo Studds lots. ‘‘SECTION 3. No election or service occur- McDermott Porter Stupak Whatever the Supreme Court decides ring before this article becomes operative McHale Poshard Tanner under this amendment would be the shall be taken into account when determin- McHugh Quillen Taylor (MS) law of the land, if this one were to McKinney Rahall Tejeda ing eligibility for election under this arti- Meek Rangel Thomas cle.’’. pass. Menendez Reed Thompson I, of course, prefer uniformity. If the Mr. MCCOLLUM. Mr. Chairman, I ask Meyers Regula Thornton Court decides that what the States Mfume Reynolds Thurman unanimous consent that the time for have been doing is unconstitutional Mica Richardson Torres debate on this amendment in the na- and this amendment were to go out and Miller (CA) Rivers Torricelli ture of a substitute be limited to 15 Mineta Roberts Towns be ratified by the necessary number of minutes per side. We do not need to Mink Roemer Tucker States, then this 12-year limit would be Moakley Rogers Upton have a vote on the amendment now, the law of the land. It would be written Molinari Rose Velazquez and we can go to final passage after Mollohan Roukema Vento into the Constitution. It would be uni- that time, if everybody is agreeable. I Montgomery Roybal-Allard Visclosky form nationwide. If on the other hand Moorhead Rush Volkmer can later withdraw the amendment, if the Supreme Court decides that indeed Moran Sabo Vucanovich the gentleman from Michigan [Mr. Morella Sanders Walsh the States have the power that they Murtha Sawyer Ward CONYERS] is agreeable to that. might have under the argument being Myers Saxton Waters The CHAIRMAN. Is there objection made over there right now, the States Nadler Schroeder Watt (NC) to the request of the gentleman from would, of course, which have passed Neal Schumer Waxman Florida? Nussle Sensenbrenner Wicker these initiatives, have the power that Oberstar Serrano Williams Mr. CONYERS. Mr. Chairman, re- is granted by the Constitution as it ex- Obey Shays Wilson serving the right to object we agree to ists today. Olver Shuster Wise the request, and I withdraw my res- Ortiz Sisisky Woolsey It is nothing more than and nothing Owens Skaggs Wyden ervation of objection. less than that. Oxley Skeen Wynn The CHAIRMAN. Is there objection Let me assure my colleagues, this is Packard Skelton Yates to the request of the gentleman from Pallone Slaughter Young (AK) the term limits vote. For those of us Parker Smith (NJ) Young (FL) Florida? who believe deeply, as I do, and I know Pastor Smith (TX) Zeliff There was no objection. many Members do, that we need to Payne (NJ) Spence The CHAIRMAN. The gentleman Payne (VA) Spratt limit the terms of the Members of the from Florida [Mr. MCCOLLUM] will be U.S. House and Senate in order to re- ANSWERED ‘‘PRESENT’’—1 recognized for 15 minutes, and the gen- store what the Founding Fathers really Longley tleman from Michigan [Mr. CONYERS] envisioned in the way of balancing this NOT VOTING—4 will be recognized for 15 minutes. Constitution of ours, if you believe as I The Chair recognizes the gentleman de la Garza Pomeroy do that we need to end what has be- Gephardt Stokes from Florida [Mr. MCCOLLUM]. come a career orientation attitude on the part of Congress, with a tendency b 2026 b 2030 to vote more frequently to please spe- So the amendment in the nature of a Mr. MCCOLLUM. Mr. Chairman, I cial interests than is good for the coun- substitute was rejected. yield myself such time as I may try, and if you believe that we need to The result of the vote was announced consume. put permanently into the Constitution as above recorded. Mr. Chairman, we have reached a a restriction that makes sure that no The CHAIRMAN. It is now in order to point in this debate on term limits now time in the future will we have any sit- consider amendment No. 4 printed in where we are going to have a historic uation again where Members can serve House Report 104–82. final passage vote in a few minutes on as chairman of committees for 15 or 20 AMENDMENT IN THE NATURE OF A SUBSTITUTE the underlying bill, which is the same years and hold that kind of power, if OFFERED BY MR. MCCOLLUM as my amendment. So with the consent you believe as I do that you will bring Mr. MCCOLLUM. Mr. Chairman, I of everybody involved to save time, as new blood to Congress and refresh this offer an amendment in the nature of a I said a moment ago, I will in a few place if we have a renewal every so substitute. minutes, after the agreed-upon time often of new Members with term limits The CHAIRMAN. The Clerk will des- has passed, ask unanimous consent to and if you believe as I do that while we ignate the amendment in the nature of withdraw the amendment and move on will lose some experienced men and a substitute. to the final passage vote. women who have served well and hon- The text of the amendment in the na- What I think needs to be explained, orably in this Congress but that it is ture of a substitute is as follows: first of all, is what is the vote going to absolutely necessary, if we are going to Amendment in the nature of a substitute be on final passage? get rational debate into things like offered by Mr. MCCOLLUM: Strike all after What my amendment is is a pure va- balanced budget issues and so forth, the resolving clause and insert the following: nilla 12-year term limit for both the then you are going to vote for the term That the following article is proposed as an House and the Senate. There is no limits proposal that is here for final amendment to the Constitution of the Unit- retroactivity. There is no State pre- passage night that is supported in gen- ed States, which shall be valid to all intents emption. There is a provision that sim- eral principle by nearly 80 percent of and purposes as part of the Constitution ply says that each body, no one may the American people. when ratified by the legislatures of three- fourths of the several States within seven serve more than 12 years in either I would urge a ‘‘yea’’ vote. years from the date of its submission to the body. It is a permanent lifetime limit Mr. Chairman, I reserve the balance States by the Congress: on both sides. of my time. ‘‘ARTICLE — It leaves the question of the current Mr. CONYERS. Mr. Chairman, I yield ‘‘SECTION 1. No person who has been elected debate in front of the Supreme Court myself 2 minutes. for a full term to the Senate two times shall on the Arkansas case and the state ini- I would like to ask my colleagues, be eligible for election or appointment to the tiatives up to the court. It is com- the gentleman from Florida [Mr. Senate. No person who has been elected for a pletely silent on the question with re- MCCOLLUM] if I can gain his attention, full term to the House of Representatives six spect to whether or not the States cur- please, your proposal before us tonight, times shall be eligible for election to the rently have any right or any power the final one, is silent on the question House of Representatives. with respect to the election clause in of States’ preemption. ‘‘SECTION 2. No person who has served as a the Constitution, which is where that I presume that that means that there Senator for more than three years shall sub- sequently be eligible for election to the Sen- debate is over there right now, to set will not be State preemption. Does the ate more than once. No person who has term limits indirectly through the gentleman agree with that? served as a Representative for more than one process they have been using of having Mr. MCCOLLUM. Mr. Chairman, will year shall subsequently be eligible for elec- people have to be a write-in candidate the gentleman yield? H 3960 CONGRESSIONAL RECORD — HOUSE March 29, 1995 Mr. CONYERS. I yield to the gen- capably represent their State and com- private sector experience, knowledge, and mo- tleman from Florida. munities in Congress. Term limits en- tivation. Mr. MCCOLLUM. Mr. Chairman, the courage broader participation. Our Nation is endowed with a multitude of interpretation, given to me by Griffin Another goal is to find a balance be- bright and talented people. While it is true that Bell, who is the former attorney gen- tween an effective Congress—one that some very good Members of Congress may eral who represents Arkansas and knows enough to stand up to the execu- be forced into early retirement by term limits, Washington State, is that that would tive branch and to the bureaucrats— those limits are necessary to remove the men- be the case. He has the cases before the and one that includes the freshness, tality that politics as a career that permeates Supreme Court now. He has read the the openness, the new ideas, and the this institution. Creating open seats with term amendment. It is his opinion and that creativity that turnover provides. A limits will increase representation of more of several other legal scholars whom I well-crafted term limit can strike that women and minorities, and more small busi- have sought that indeed if my amend- balance. ness operators and educators, making Con- ment passed there would be no State Term limits helps to avoid the natu- gress more reflective of the American people. preemption of the existing constitu- ral instinct that each of us has that we Congress must pass this constitutional amend- tional provisions. are indispensable. No one wants to see ment guaranteeing that more Americans have Of course, if the U.S. Supreme Court this great Nation and the American ex- real opportunities to serve the public. ruled that what the States are doing periment fail. But we can smother it If we fail to garner 290 votes for this amend- now is unconstitutional, then obvi- with love and neglect by our longevity ment, be assured like the fight for the bal- ously there would be a uniformity of 12 in office and the cult of personality. anced budget amendment and the line-item years throughout the country written Term limits offset the impact of parochial in- veto, we will continue to keep the pressure on into it. terests that can exercise a distorting influence this body to do the right thing and vote again Mr. CONYERS. Mr. Chairman, I on our legislative process given the continuing and again until we pass term limits. think that is very interesting because role of seniority. Turnover not only gives more If we do approve this amendment, it will free it leaves it wide open. It might have people a chance to participate, it also reduces Congress from the grip of entrenched incum- been more settling for the decisions of the time one Member in a leadership position bency and prevent the abuses of office that many of the Members had you put it in can protect a policy or the interests of one fueled the term limits movement in the first one way or the other, but just leaving State or congressional district. Term limits as- place. It will help ensure that our Nation's leg- it to be decided. Griffin Bell was an OK sure turnover in leadership, something that is islative body, when making tough decisions, is attorney general. I am not sure where healthy for any institution. beholden to the most special interest of all: he will go down in the record of attor- In summation, I support a term limit amend- the citizens of America. neys general, but at any rate, we see ment for the broader participation and the Mr. MCCOLLUM. Mr. Chairman, I what a slim reed you are using here in more democratic process it promises. I urge yield such time as he may consume to this instance and for this part of your its passage. the gentleman from Ohio [Mr. OXLEY]. amendment. Mr. MCCOLLUM. Mr. Chairman, I (Mr. OXLEY asked and was given Mr. Chairman, I yield 2 minutes to yield such time as she may consume to permission to revise and extend his re- the gentleman from Minnesota [Mr. the gentlewoman from Washington marks.) MINGE] who has sought the floor con- [Ms. DUNN]. Mr. OXLEY. Mr. Chairman, I rise in stantly. (Ms. DUNN of Washington asked and opposition to all term limits. We have Mr. MINGE. Mr. Chairman, term lim- was given permission to revise and ex- term limits now, they are called elec- its are a tough proposition for any tent her remarks.) tions. elected official. Term limit proposals Ms. DUNN of Washington. Mr. Chair- Mr. Chairman, this vote is a classic example are fundamentally an attack on the na- man, I rise in support of House Joint of a solution in search of a problem. ture of the political process and politi- Resolution 73. Let us consider the facts. More than half of cians. Naturally, we resent this. We Mr. Chairman, like many Members of Con- the House of Representatives was elected in must, however, look at the positive gress, I campaigned on the issue of reform. It the 1990's. The momentous change of most side of term limits. is my belief that in order to change govern- recent election ended 40 continuous years of They help ensure a participatory, ment we must change the attitudes of those one-party rule. The average length of time a representative, and sensitive democ- who govern. We need public servants who are Member of Congress serves is 81¤2 Years. Be- racy—one that is inclusive. One of the closely attuned and accountable to their con- cause of this fact, it is entirely possible that a themes of American constitutional his- stituents. The evidence suggests that, under 12-year term limit would create less competi- tory is the drive for inclusiveness in current law, we have a system that ultimately tion for congressional seats not more, the our political process and avoidance of erodes accountability and responsiveness. exact opposite of its intention. Right now, with the creation of a political elite. Conversely, we now have the opportunity to energetic freshman and sophomore classes, The original Constitution requires reverse the downward trend by limiting the this House is more vibrant and more respon- the direct election of representatives terms of our elected officials. This is the first sive than it has been in years. to Congress. step toward putting our legislative system back For this supposed problem, we must amend The 15th amendment adopted in 1870 on track. the Constitution of this Nation? guaranteed the right to vote to all citi- Term limits will help revive the concept of a I do not minimize or ignore the public frus- zens regardless of their race. citizen legislator. Officials should serve their tration and outrage that brought us to this de- The 17th amendment adopted in 1913 communities in a national forum for a limited bate. It is real and justifiable. We have already required the direct election of Sen- time and then return to private life to live passed and implemented a great number of ators. under the laws they have created. Term limits significant congressional reforms in response The 19th amendment adopted in 1920 provide the necessary turnover to ensure that to that sentiment. The Speaker of the House guaranteed the right to vote to all citi- fresh new minds are given a chance to partici- can now serve for 8 years only. Chairmen zens regardless of their gender. pate in the process. We do not need any more may hold their posts for 6 years. Congress is The 22d amendment adopted in 1951 lifetime professional politicians. now accountable to all the laws of the land. limited the President to two terms. In 1992, my State of Washington passed This body is leaner than it was last year, and The 24th amendment in 1964 prohib- what has become the most famous term limit it costs the taxpayers less. ited a poll tax to vote. law in the country. Former House Speaker One of the hallmarks of American democ- And the 26th amendment adopted in Tom Foley sued the voters of Washington, his racy is orderly change directed by the voters. 1971 guaranteed the right to vote to all own State, to overturn the peoples' decision to The voters are powerful, and the Constitution citizens at least 18 years of age. impose term limits. This ``Washington D.C. provides them regular opportunities to use that Each of these proposals had its crit- Knows Best'' attitude of entrenched politicians power for change. ics. But all recognized the overwhelm- proves that the longer Members serve in Con- Mr. Chairman, we owe our constituents rep- ing value of a participatory democracy. gress, the more removed they become from resentation of their views. But we also owe Term limits embody a positive view the people who elect them. This lack of ac- them our best judgment. This is not a miracle of the American people. There are countability must be replaced with citizen-leg- cure. This is not the real thing. This is the thousands of men and women who can islators who would bring with them valuable wrong way to go. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3961

Mr. MCCOLLUM. Mr. Chairman, I yield 2 legislature did nothing on this issue, in watched the keel come asunder when minutes to the gentleman from Georgia [Mr. their frustration took on the initiative the Senate refused to accept the mora- BARR]. process and braved the summer heat torium on regulations. The Speaker Mr. BARR. Mr. Chairman, I thank the distin- collecting tens of thousands of signa- has announced the tax bill is a goner, guished gentleman from Florida for yielding tures just to get this issue on the bal- and now, and now the rudders are fall- me 2 minutes to speak to this extremely im- lot. And they voted for a 6 and 12, over- ing off with term limits. The good ship portant issue. whelmingly. Seventy-four percent of Contract With America is sinking at Mr. Chairman, what we are doing here to- Arizonans voted for a 6 and 12. I, in sea. night is the culmination of a process that good conscience, cannot come to this Mr. MCCOLLUM. Mr. Chairman, I began over 200 years ago, based on that body and say Arizona voters, you do yield 30 seconds to the gentlewoman magical document, the Constitution of the not know what you were doing. We from Florida [Mrs. FOWLER]. United States. know better than you. We are the font Mrs. FOWLER. Mr. Chairman, I just Our Founding Fathers, the Framers of that of all knowledge in this hallowed place. want to stress to my colleagues, we document, I think envisioned exactly what we I cannot do that here today. It is for have an historic opportunity here to- are doing here this evening. And that is not that reason, even though I support night. I urge all Members to vote ‘‘yes’’ strongly the concept of term limits, I being presumptuous and making a decision on on final passage of term limits. cannot sell Arizona voters down the the part of the American people for the Amer- This is the first time this House has river on this issue by voting for some- ican people, but being their voice and their ve- been allowed to vote on term limits. thing that is silent. hicle to ensure that a very broad proposition, This is important reform for the House And if the Supreme Court does, and I such as whether or not there shall be limits on of Representatives. We need to pass it. think it will, I think most of us here the number of terms that a Member of Con- We need to show the American people gress may serve, shall indeed be presented to know that the Supreme Court will probably overturn the States laws, it that we will send this back to the the American people so that they can decide. States. That is what we are doing here this evening, will become null and void. I cannot in good conscience do that to my voters. What we do tonight is just saying Mr. Chairman. We are not making that deci- yes, we will allow the citizens of the sion for the American people. What we are Mr. MCCOLLUM. Mr. Chairman, I yield 1 minute to the gentleman from States of this country to make the doing is ensuring the process that has been final decisions on whether our terms used over and over again on the fundamental Virginia [Mr. GOODLATTE]. Mr. GOODLATTE. Mr. Chairman, I should be limited. I urge Members to issues of our day, representing the Constitu- vote ‘‘yes.’’ tion and changes thereto, simply to ensure thank the gentleman from Florida for yielding time to me. Mr. CONYERS. Mr. Chairman, I yield that where there is a broad interest on the part 1 minute to the gentleman from Hawaii of the people to decide an issue that goes to Mr. Chairman, now is the moment of [Mr. ABERCROMBIE]. a constitutional issue, that that issue shall be truth for those who say they support Mr. ABERCROMBIE. Mr. Chairman, I indeed heard and there will be a vehicle term limits. Those who voted for any rose last week and spoke of three through which the voice of the people can be one of the other three amendments things that determine what a democ- heard. should step forward now and vote for racy is, particularly American democ- It is for that very limited purpose here this real term limits, because this is cer- racy. Among them was the right to a evening, Mr. Chairman, that we rise and that tainly a step in the direction that the trial by jury, the right to sue, and the I support this amendment, not because I pre- American people want us to take. absolute right to be able to cast our sume to speak for the American people but b 2045 votes freely and without coercion. simply because I want the American people to This is, indeed, the opportunity to I have heard the word ‘‘absolute’’ have the right to make the decision. That is change the seniority system in this used many times today. I will say this, the very limited purpose for which we seek Congress. This is the opportunity to this evening to pass not a constitutional that restricted access to the ballot box create more balance in terms of people is what this is all about. Term limits is amendment but the vehicle through which the having the opportunity to run for Con- people in their State legislatures all across this a way to tell the American people who gress. It is one that is vastly supported they cannot vote for. It is an oppor- country can indeed make that decision. by the American people. That is precisely the way the system is sup- tunity for those who want to restrict Mr. Chairman, I have heard during access to the ballot box. posed to operate. Let us not tonight stifle that this debate those who have said our process. Let us open it up and say to the I have a term limit. We all have term Founding Fathers did not want to have limits. The Constitution says every 2 American people, you decide this issue. It is term limits, but I do not think our that fundamental an issue. It is that important. years we must present ourselves before Founding Fathers ever contemplated the American people, before our con- And I rise in strong support of the gentleman's the situation we have today, where the stituents, to seek their judgment on amendment. vast majority of Members run for far our performance. It could not be short- Mr. CONYERS. Mr. Chairman, I yield 3 min- longer terms than they ever ran for in er. utes to the gentleman from Arizona [Mr. SALM- the 19th century or the 18th century. The gentleman from Tennessee [Mr. ON]. Fifty-four years is now the new record. ANNER] made the point earlier today, Mr. SALMON. Mr. Chairman, with Before 1895, there was never an in- T utmost respect, I must differ with my stance when more than 20 Members of not only is it wrong to restrict access friend and colleague from Florida, al- this house had served more than 12 to the ballot, but it is dangerous, a fun- though I know he has championed the years. It is time to restore this citizen damental danger to American democ- idea of term limits for a lot of years. I legislature. I urge Members to vote for racy. I say, turn down term limits and respect him for that. I have got to dif- term limits. vote for democracy in America. fer on this issue. Mr. CONYERS. Mr. Chairman, I yield Mr. MCCOLLUM. Mr. Chairman, I We have had three amendments so 1 minute to the gentleman from Mon- yield 1 minute to the gentleman from far tonight on term limits. I voted for tana [Mr. WILLIAMS]. South Carolina [Mr. INGLIS] who has every one of them. One was a term Mr. WILLIAMS. Mr. Chairman, I ask worked so long and hard with the gen- limit proposal which would be retro- my colleagues if they can hear that tlewoman from Florida [Mrs. FOWLER] active. The second one was the Inglis 6 sound. That is the sound of the good and the gentleman from Tennessee [Mr. year in the House, 12 year in the Sen- ship Contract With America breaking HILLEARY] on term limits. ate. And the third one was the Van apart and sinking at sea only 3 months Mr. INGLIS of South Carolina. Mr. Hilleary amendment which was a 12 away from port on what was supposed Chairman, I thank the gentleman for and 12 but would yield to the states to have been a 2-year cruise. yielding time to me. that have already passed term limit It is not that the political waters Mr. Chairman, I would make two laws. were choppy, it is that the passengers points. First, in response to the gen- I said this earlier, when I testified for began to abandon ship. They watched tleman from Hawaii [Mr. ABERCROM- the Van Hilleary bill, that the citizens the mainsail go when the balanced BIE], I do not know that democracy is of Arizona, because the Arizona State budget amendment was killed. They in danger due to the fact that all but 19 H 3962 CONGRESSIONAL RECORD — HOUSE March 29, 1995 Governors have term limits, and the legislatures for debate and ratification or rejec- encompasses every demographic group in the President of the United States is lim- tion. I am voting to do that. country. If it is our job as legislators to rep- ited to two terms in office. I have not I believe the substantive debate on this sub- resent the will of the American people, this heard any hue and cry on this floor ject has some way to go. The debate is not amendment is a way to do that more than al- about how dangerous ground democ- fully joined at this time. I don't believe the is- most any other. racy is on by virtue of those term lim- sues involved, pro and con, have adequately Twenty-two States have already approved its. been laid before the people; and I believe de- term limits, with an average level of support of The second observation, on the first bate in State legislatures will help heighten the 66 percent. All across the Nation, whenever vote today, the Democratic alternative people's awareness of what is at stake. For voters have had the opportunity to impose offered by admitted opponents of term example, I am not certain that the arbitrary term limits, they have done so. This broad- limits, there were 81 Democrats voting limitation of terms will result in the positive based support shows the American people un- in favor of term limits. We need some benefits that ardent proponents believe would derstand what our Founding Fathers believed: votes right now for final passage. result. The arbitrary limitation of terms could that rotation in office is essential to preserve Eighty percent of the American people limit the choice of the people and empower an a truly representative government, indeed, to want term limits. Eighty percent of unselected bureaucracy to stretch beyond its preserve a citizen legislature. this side is going to vote for term lim- current reach. We must bring to an end the career politi- its. If the debate were to end right here and the cian. We must bring to an end a system that We need 80 percent on this side. If we choice devolved purely upon the House of looks to most Americans like oligarchyÐrule get 80 percent over here, particularly Representatives, I would consider my respon- by the few for the fewÐthat has come to de- those 81 folks who voted for term lim- sibility to be different than it is in the current fine business as usual in Washington. There is its first out today, we will pass term context. My vote is to not be an impediment no better way, and perhaps no other way, to limits in a matter of minutes. of the people's will. I am voting to send the do this than with term limits. Please, vote for term limits. We have issue to the respective states for further dis- Today, the House has a chance to make a the opportunity here in a matter of cussion and debateÐratification or rejectionÐ change that will give the American people the moments. whatever the will of the people may be. kind of government they not only demand, but Mr. CONYERS, Mr. Chairman, I re- Mr. MCCOLLUM. Mr. Chairman, I deserve. It would be ironic, not to mention of- serve the balance of my time. We have yield 30 seconds to the gentleman from fensive, to vote against the one change the one speaker remaining. Pennsylvania [Mr. FOX]. people back home endorse more strongly than The CHAIRMAN. The gentleman Mr. FOX of Pennsylvania. Mr. Chair- almost any other. In my State of Florida, the from Florida [Mr. MCCOLLUM] is recog- man, the McCollum amendment is the voters have already sent a resounding mes- nized as the proponent of the amend- last effort to answer the call of the sage to the politicians by voting in overwhelm- ment, and the gentleman from Florida people for term limits. Over 85 percent ing numbers for term limits. has the right to close. of the American people want term lim- Obviously, not all the Members of this body Mr. MCCOLLUM. Mr. Chairman, may its. People expect us to listen to their share the same opinion about term limits, I inquire how much time I have re- call. which explains why we have four alternative maining? Term limits will ensure vitality, pro- versions of the bill before us today. We can The CHAIRMAN. The gentleman vide an infusion of new ideas, people vote for whatever bill we like best. But the cru- from Florida [Mr. MCCOLLUM] has 71⁄2 who will question the system. We were cial vote is not on which of the four versions minutes remaining, and the gentleman sent here to serve, but not sent here to you like best, it is on final passage. Support from Michigan [Mr. CONYERS] has 6 stay. Republicans and Democrats can whichever substitute you want, but band to- minutes remaining. join together for term limits. Vote for gether for the American people and vote for Mr. MCCOLLUM. Mr. Chairman, I the McCollum bill. final passage. yield such time as he may consume to Mr. McCOLLUM. Mr. Chairman, I Remember the people back home and cast the gentleman from Missouri [Mr. EM- yield 30 seconds to the gentleman from the vote you know will be best for them. My ERSON]. Florida [Mr. STEARNS]. colleagues, vote for final passage of House (Mr. EMERSON asked and was given (Mr. STEARNS asked and was given Joint Resolution 2Ðvote for term limits. permission to revise and extend his re- permission to revise and extend his re- Mr. MCCOLLUM. Mr. Chairman, I marks.) marks.) yield 1 minute to the gentleman from Mr. EMERSON. Mr. Chairman, in 1992, Mis- Mr. STEARNS. Mr. Chairman, today Indiana [Mr. BUYER], a member of the sourians voted in overwhelming numbers for the House of Representatives can make Committee on the Judiciary and a term limits. What they voted for is not what is history. I want to compliment my col- strong term limit supporter. before the House, and I have never come to league, the gentleman from Florida (Mr. BUYER asked and was given the conclusion that the arbitrary limitation of [Mr. MCCOLLUM], for all the hard work permission to revise and extend his re- terms is a very good idea. I have long main- he has done. marks.) tained that we have a good term limitation pro- Today, after years of delay and ob- Mr. BUYER. Mr. Chairman, I rise in cedure in place right now that was devised by struction and partisan politics, we will strong support of the McCollum the Founding Fathers. It's called an election, vote on term limits on the floor of this amendment. I do not believe that the and one occurs every 2 years. Chamber for an amendment that is Founders ever visualized a system of There is no panacea to solving problems; truly the best one of the four. Today incumbency that produces lifetime there are no magic answers; and, I am con- we will finally have that chance. I ask politicians here in Congress. cerned that the arbitrary limitation of terms will all my colleagues to come forward and The uniformity issue I think is ex- create as many problems, if not more, than it vote for the McCollum amendment. tremely important. We can talk about may by chance resolve. Mr. Chairman, I rise in support of the whether or not the Supreme Court is There is no panacea to solving problems; McCollum amendment. Today the House of going to act on that issue, but I think there are no magic answers; and, I am con- Representatives will make history. Today, after we have to be very careful. cerned that the arbitrary limitation of terms will years of delay, obstruction, and partisan poli- Mr. Chairman, if we are going to set create as many problems, if not more, than it tics, we will vote on term limits on the floor of a constitutional amendment, it would may by chance resolve. this chamber for the first time ever. Today we be very unfortunate if we had Members At the same time, I have no interest in will finally have the chance to prove to the serving in this body, those only here blocking the will of the people. They do have American people that their elected representa- for three terms, some here for only the right to amend the Constitution on this tives truly place the interests of the Nation four terms, some five, some six. It issue if that is their will. I think that the best above their own. would be very difficult to operate in way to have a reasonable national debate on As we all know, the American people have this body, especially if you could try to this subject is for Congress itself to not be the consistently voiced strong support for a con- visualize a system of seniority, I think impediment, to set the wheels in motion for an stitutional amendment limiting the terms of it would be very, very difficult. amendment to the Constitution if the people their elected leaders. Recent polls indicate I think that the gentleman from so desire, and thus return the matter to state that support now approaches 80 percent and Montana [Mr. WILLIAMS], who spoke, March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3963 tried to visualize some form of politi- decide that States have the right to set that has enabled so many on this side cal eloquence with regard to the sink- their own, then this will not preempt, to resist the corruption that inevitably ing of the Contract With America. I but if the Supreme Court decides that occurs when you have been here 12 would only say to the gentleman, I do the States cannot do it on their own, years, but they will not tell us how, be- not believe that he meant to insult then this would preempt the States. cause all of them who have been here conservative Democrats who have been If Members doubt that, they have to more than 12 years skedaddled. They supporting most of the issues in the ask why 90 Republicans voted against did not want to be here. They did not Contract With America with regard to the Hilleary amendment, because the want to be asked ‘‘How can you do his issues. Hilleary amendment differed from this this?’’ Mr. Chairman, I support the amend- one in one particular: It explicitly al- Let us be very clear. We have an ment. lowed the States to do what they want. amendment which would preempt the Mr. MCCOLLUM. Mr. Chairman, I The only difference between the McCol- States, so we have no democratic argu- yield myself 30 seconds. lum and the Hilleary amendments is ment here, because you are overruling Mr. Chairman, I simply want to say that the McCollum amendment is in- every referendum if you vote for this that this is our opportunity to vote for tended to preempt. amendment. Every referendum will be term limits. It is the last opportunity. What does that mean? First of all, all overruled. It is going to be a victory tonight for this invocation of public opinion gets In fact, the philosophical argument term limits, regardless of whether we invalidated because, as has been point- comes down again to this: Yes, the ma- get 290, but we certainly need it to get ed out, the States, 20-some-odd States jority of the public in a poll says they there. that have voted by referendum for are for this today, but democracy is The fact of the matter is, a few years term limits, have voted for less than 12 not permanently enshrining what a ago we only had 33 Members, three or years, so vote for this amendment and majority thinks at any one time. De- four years ago, willing to support term you probably overrule all those States. mocracy is a system which guarantees limits. Last Congress it was 107. Now How are you going to claim to wrap to people the right to participate, the we are going to go well over 200 on this yourself in the mantle of pure democ- right to debate, the right to change the vote, I am sure. It is a movement racy and public opinion when you will whose time has come. be overruling the States? minds of others, and a majority cannot It is time to vote for term limits. California will get 12 years instead of give away the fundamental democratic Eighty percent or so on our side of the 6. Massachusetts will get 12 years in- right of others. aisle are going to vote for term limits. stead of 8. Therefore, this amendment If some people think that you should I would urge at least 50 percent, and cleverly puts it right back where it not serve more than 12 years, and oth- hopefully 80 percent, on the other side was. It is intended to preempt. ers think you should, let them contest to do it. This is the opportunity for The gentleman from Florida [Mr. that at the polls. Do not rig our basic term limits. MCCOLLUM] said that, and the previous document and say ‘‘From now on we Mr. Chairman, I reserve the balance Speaker said that. They said, and I will not have free and open elections, of my time. I only have one closing have heard the gentleman from Florida we will from here on forever have elec- speaker. say it, ‘‘This is too important to be left tions that reflect one particular view- Mr. CONYERS. Mr. Chairman, I yield to the States to make their own deci- point, and we will lock that in.’’ such time as he may consume to the sions. We have to state it uniformly. This is the most restrictive amend- gentleman from New York [Mr. FLAKE]. This is not poor people’s income, some ment ever adopted to the Constitution. (Mr. FLAKE asked and was given trivial subject like that. This is not The Constitution began somewhat re- permission to revise and extend his re- whether or not kids get enough to eat. strictively. I do not believe we never marks.) This is our careers. We cannot allow change it, but almost every other Mr. FLAKE. Mr. Chairman, I rise in that to be done on a State-by-State change has gone to the expansion of de- strong opposition to the amendment. basis.’’ mocracy: so black people could vote The people have determined who they There goes the democratic argument, and women could vote and 18-year-olds want to represent them and how long. because Members are going to overrule could vote. This one says that because I think we should let the people speak. 20-some-odd States. Congress recently fell into disrepute, Mr. CONYERS. Mr. Chairman, it has The leadership, I understand the and because we had during the 1980’s a been a long day. We have had an excel- Speaker is going to close, and that is a large deficit, we will lock in forever lent debate. I yield the balance of my great day, because the Members of the under our constitutional system a re- time to the gentleman from Massachu- leadership have been as scarce on the striction on the right of the voters. setts [Mr. FRANK], our ranking member floor of this House as it is possible to b on the Constitutional Subcommittee, be. The gentleman from Mississippi 2100 to close the debate for our side. showed us a list of Members who co- This is not about the individuals Mr. FRANK of Massachusetts. Mr. sponsored a 12-year limit who have here. No, we are not the important Chairman, I congratulate the Repub- been here more than 12 years. They ones, although we were important lican leadership, because they have may have been here more than 12 enough for you all to vote for preemp- outmaneuvered the U.S. term limits years, but they were not on this floor tion because you want to protect your people. They have gotten where they for 12 seconds today. Not one of them uniformity, but we are not the key. wanted to be. spoke except the gentleman from Flor- The key is the right of the voters. The Committee on the Judiciary re- ida. Do not enshrine in this Constitution ported out a bill which preempted This side of the aisle is full of Mem- the biggest restriction on the State term limits less than 12 years. bers who are in their 15th and 20th untrammeled right of the voters to That caused a great hullabaloo. What year, and they are very consistent. In vote for whomever they want. If some ensued was not a charade, because cha- their 15th and 20th years, they have voters think that someone should be rades do not have words that are spo- been saying for 12 years, ‘‘You have got here for more than 12 years and others ken. It was an elaborate grand opera. to get out,’’ but they do not want to do not, the place to solve that is in de- The result is, we are right back just make it effective immediately. bate and at the ballot box. Don’t rig about where the Committee on the Ju- My friend, the gentleman from Flor- that contest now by this particular diciary was because, be very clear, this ida, said ‘‘You know, if you are here amendment. I hope that you will be amendment is intended to preempt. more than 12 years you start to get consistent to democracy in the broad- The gentleman from Arizona who sour. You start to lose your integrity est sense, that you will not overrule all spoke against it on this ground was to the process.’’ I asked him at what those State referenda and that you will correct. point did this happen? not for the first time put the Constitu- It is silent on the question, but the I want to know. Maybe they did not tion in reverse and say the result of Supreme Court is now dealing with it. tell us this. Maybe the rest of us could this particular amendment will be less If it is true the Supreme Court would benefit from the superior moral fiber democratic choice and not more. H 3964 CONGRESSIONAL RECORD — HOUSE March 29, 1995

Mr. MCCOLLUM. Mr. Chairman, stay entrenched, and they want to find The CHAIRMAN. Is there objection while holding a few seconds for the pur- a device to take power back from the to the request of the gentleman from pose of asking unanimous consent in a professional political class. They say it Florida? few minutes to withdraw the substitute in New York City, they say it in Los Mr. FRANK of Massachusetts. Mr. amendment, I yield 41⁄2 minutes to Angeles. They say it in Idaho, they say Chairman, reserving the right to ob- close the debate to the gentleman from it in Florida. Everywhere in America. ject, I take this time just because I had Georgia [Mr. GINGRICH], the Speaker of Now, we are being visited tonight by had some questions. Previously some of the House. the fifth grade from Cliffside School in us talked about the gentleman’s Mr. GINGRICH. I thank my friend Rutherford County, North Carolina. I amendment being one more substitute. the gentleman for yielding me the would bet a great deal of money that If he gets unanimous consent, as I hope time. by the time they are old enough to he will, that will be withdrawn as a Mr. Chairman, I listened with great vote, we will have passed term limits, substitute and we will go immediately fascination to the extraordinarily ar- because in the end, the will of the to a vote on whether or not we adopt ticulate gentleman from Massachu- American people is sovereign, no mat- his version as the amendment. So there setts, and I tried to remember back to ter how much sophistry, and no matter will be no more vote about substitutes. the platonic concern about the ability how many reservations. The fact is The next vote then would occur on of one to argue any side of a question that if over time in State after State in whether or not we adopt the joint reso- with equal facility. I looked up the county after county the American peo- lution. word ‘‘sophistry’’. ple say this is an experiment they are Mr. MCCOLLUM. Mr. Chairman, will A subtle, tricky, superficially plau- willing to risk, sooner or later they the gentleman yield? sible but generally fallacious method will get their way. Mr. FRANK of Massachusetts. Fur- of reasoning. One of our good friends the gen- ther reserving the right to object, I And I realized that speed of language tleman from Montana got up and said. yield to the gentleman from Florida. is not the same as wisdom. Let me give ‘‘This is the sound of the Contract Mr. MCCOLLUM. The gentleman is just a few examples. dying.’’ Let me tell you, my friend, to- 100 percent correct. We would be going This amendment does not preempt the States. It sets a cap. The Supreme night 85 percent or more of the Repub- to final passage. I do not believe the Court will decide what that cap means, lican Party will vote with the Amer- minority is going to offer a motion to but the cap is not in any way worded to ican people for term limits. My guess is recommit. I think we will be going to be binding and, in fact, in no way tonight 60 to 70 percent of the Demo- the next vote, and it will be on the would change any of the current rela- cratic party will vote against the final passage of the underlying bill. tionship of the States to their ability American people and against term lim- Mr. TAYLOR of Mississippi. Mr. to do what they wish to do. its. We will go to the country in 1996 Chairman, will the gentleman yield? I can assure the House that if the Su- with a simple pledge. It will be a new Mr. FRANK of Massachusetts. Fur- preme Court rules later on this year version of the contract. We are not ther reserving the right to object, Mr. that the Congress need act, that we going to have one of these between now Chairman, I yield to the gentleman will visit that question and it may well and 1997, but a new version. It will say from Mississippi. be on a legislative rather than con- H.R. 1, Term Limits, will be voted on Mr. TAYLOR of Mississippi. Mr. stitutional basis which will take 218 as the first item in the new Congress if Chairman, I was hoping that at some and not 290 votes. we are the majority. point this body would be made aware, Let me say second that I believe this The Democratic Party has it in its at which point in his 17 years as a Con- is a historic vote. I have been frankly power tonight, if half the Democrats, gressman did the Speaker decide that surprised by our friends on the left. I only half, vote with 85 percent of the he was for a 12-year term limit. would have thought, having been de- Republicans, term limits will pass to- Mr. FRANK of Massachusetts. I did feated last fall for the first time in 40 night. It will take deliberate decision not know the gentleman was going to years, that paying some attention to of the Democratic Party to deny the say that. the American people would have been American people an opportunity, and Mr. Chairman, I withdraw my res- useful. we are not even fully passing it, we ervation of objection. But I will tell you where I think we just send it to the Senate, then the The CHAIRMAN. Is there objection are historically. This is not a new expe- Senate has to send it to the States. to the request of the gentleman from rience in America. In the late 19th cen- We are not afraid to allow the Amer- Florida? tury, a radical idea emerged, that Sen- ican people to have a chance in their There was no objection. ators should be elected by popular State legislatures to render judgment. The CHAIRMAN. Under the rule, the vote, that State legislatures should no We are not afraid to allow the Senate Committee rises. longer select the Senators. This was a to look at this amendment. But I can Accordingly, the Committee rose; change in the Constitution, an effort to promise you, if the Democratic Party and the Speaker pro tempore (Mr. take power away from professional tonight defeats term limits, the Con- TORKILDSEN) having assumed the chair, politicians, the State legislature, and tract may have been postponed in one Mr. KLUG, Chairman of the Committee return it to the people. of its 10 items, but it will be back and of the Whole House on the State of the It took about 20 years for the idea to when we have picked up enough addi- Union, reported that that Committee, permeate Washington. But in that 20- tional seats in 1996, we will pass it as having had under consideration the year period, it became obvious and H.R. 1 in 1997. joint resolution (H.J. Res. 73) proposing even the most entrenched old-time po- Mr. MCCOLLUM. Mr. Chairman, I an amendment to the Constitution of litical machine came to realize that in yield myself the remaining 30 seconds the United States with respect to the fact there was no alternative. for the sole purpose of offering a unani- number of terms of office of Members I think term limits is a very similar mous-consent request in order for us to of the Senate and the House of Rep- pattern to the election of U.S. Sen- avoid an unnecessary vote tonight. The resentatives, pursuant to House Reso- ators. When it first came up, I rejected underlying bill is precisely the same as lution 116, he reported the joint resolu- it. I am troubled by it. I think in some the amendment that I would have of- tion back to the House. ways it is anti-democratic. I think that fered or would be offering here tonight The SPEAKER pro tempore. Under part of the argument is fair. On the we have been debating on the agreed- the rule, the previous question is or- other hand, from city council to coun- upon timetable. dered. ty commission, to school board, to With the agreement with the gen- The question is on the engrossment State legislature, to governor, to the tleman from Michigan and the gen- and third reading of the joint resolu- Congress, everywhere in America the tleman from Massachusetts and others tion. people say they are sick of the profes- on that side of the aisle, I now then re- The joint resolution was ordered to sional politicians, they are tired of quest unanimous consent to withdraw be engrossed and read a third time, and those who use the taxpayers’ money to the substitute amendment. was read the third time. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3965

(By unanimous consent, Mr. ORTON Moorhead Roth Thornberry NOT VOTING—3 Myrick Royce Thornton was allowed to speak out of order). de la Garza Frost Pomeroy Nethercutt Sanford Tiahrt PERSONAL EXPLANATION Neumann Saxton Torkildsen b 2133 Mr. ORTON. Mr. Speaker, on yester- Ney Scarborough Traficant Norwood Schaefer Upton Mr. CLYBURN changed his vote from day evening, I was unavoidably de- Nussle Schiff Vucanovich ‘‘no’’ to ‘‘aye.’’ tained at the hospital with my wife Orton Seastrand Waldholtz Walker Mr. STOCKMAN changed his vote who gave birth to our first-born child. Packard Shadegg Walsh from ‘‘aye’’ to ‘‘present.’’ I preferred to be there but had I been Paxon Shaw Wamp Mr. LONGLEY changed his vote from here, I would have voted ‘‘aye’’ on re- Peterson (FL) Shuster Watts (OK) Peterson (MN) Smith (MI) ‘‘present’’ to ‘‘no.’’ corded vote No. 270, ‘‘aye’’ on recorded Weldon (FL) Pombo Smith (TX) Weldon (PA) So (two-thirds not having voted in vote No. 271, and ‘‘aye’’ on recorded Portman Smith (WA) Weller favor thereof) the joint resolution was vote No. 272. Poshard Solomon White not passed. I ask unanimous consent that my Pryce Souder Whitfield Quinn Spence The result of the vote was announced statement be included in the RECORD at Wilson Radanovich Stearns Wolf as above recorded. the end of those votes. Ramstad Stump Young (AK) A motion to reconsider was laid on The SPEAKER pro tempore. Without Young (FL) Regula Talent the table. objection, so ordered. Riggs Tate Zeliff The Chair joins the House in con- Rohrabacher Tauzin Zimmer GENERAL LEAVE Ros-Lehtinen Taylor (NC) Mr. CANADY of Florida. Mr. Speak- gratulating the gentleman from Utah. Rose Thomas The question is on the passage of the er, I ask unanimous consent that all joint resolution. NOES—204 Members may have 5 legislative days within which to revise and extend their The question was taken; and the Abercrombie Hamilton Pallone Speaker pro tempore announced that Ackerman Hastings (FL) Parker remarks on the joint resolution just the ayes appeared to have it. Allard Hefley Pastor considered. Andrews Hefner Payne (NJ) The SPEAKER pro tempore (Mr. RECORDED VOTE Archer Hilliard Payne (VA) TORKILDSEN). Is there objection to the Mr. CONYERS. Mr. Speaker, I de- Baesler Hinchey Pelosi Baker (LA) Hostettler Petri request of the gentleman from Florida? mand a recorded vote. Barrett (WI) Hoyer Pickett There was no objection. A recorded vote was ordered. Barton Hunter Porter The SPEAKER pro tempore. This Bateman Hyde Quillen f will be a 17-minute vote. Becerra Jackson-Lee Rahall Beilenson Jefferson Rangel REPORT ON RESOLUTION WAIVING The vote was taken by electronic de- Bentsen Johnson (CT) Reed POINTS OF ORDER AGAINST CON- vice, and there were—ayes 227, noes 204, Berman Johnson, E. B. Reynolds FERENCE REPORT ON H.R. 831, answered ‘‘present’’ 1, not voting 3, as Bishop Johnston Richardson Rivers PERMANENT EXTENSION OF follows: Bliley Kanjorski Boehlert Kaptur Roberts HEALTH INSURANCE DEDUCT- [Roll No. 277] Bonior Kennedy (MA) Roemer IBILITY FOR THE SELF-EM- Borski Kennedy (RI) Rogers PLOYED AYES—227 Boucher Kennelly Roukema Armey Cunningham Hayworth Brown (CA) Kildee Roybal-Allard Mr. SOLOMON, from the Committee Bachus Danner Heineman Brown (FL) King Rush on Rules, submitted a privileged report Baker (CA) Davis Herger Bryant (TX) Kleczka Sabo Baldacci Deal Hilleary Cardin Klink Salmon (Rept. No. 104–93) on the resolution (H. Ballenger Deutsch Hobson Chapman LaFalce Sanders Res. 121) waiving points of order Barcia Diaz-Balart Hoekstra Christensen Lantos Sawyer against the conference report to ac- Schroeder Barr Dickey Hoke Clay Laughlin company the bill (H.R. 831) to amend Barrett (NE) Doolittle Holden Clayton Levin Schumer Bartlett Dornan Horn Coleman Lewis (CA) Scott the Internal Revenue Code of 1986 to Bass Doyle Houghton Collins (IL) Lewis (GA) Sensenbrenner permanently extend the deduction for Serrano Bereuter Duncan Hutchinson Collins (MI) Lincoln Shays the health insurance costs of self-em- Bevill Dunn Inglis Conyers Lipinski Sisisky ployed individuals, to repeal the provi- Bilbray Ehlers Istook Costello Livingston Skaggs Bilirakis Emerson Jacobs Coyne Lofgren sion permitting nonrecognition of gain Skeen Blute English Johnson (SD) DeFazio Longley on sales and exchanges effectuating Skelton Boehner Ensign Johnson, Sam DeLauro Lowey Slaughter policies of the Federal Communica- Bonilla Eshoo Jones DeLay Maloney Smith (NJ) Bono Everett Kasich Dellums Manton tions Commission, and for other pur- Spratt Brewster Ewing Kelly Dicks Markey poses, which was referred to the House Stark Browder Fields (TX) Kim Dingell Martinez Stenholm Calendar and ordered to be printed. Brown (OH) Flanagan Kingston Dixon Matsui Stokes Brownback Foley Klug Doggett McDade f Bryant (TN) Forbes Knollenberg Studds Dooley McDermott Stupak Bunn Fowler Kolbe Dreier McHale REPORT ON ADMINISTRATION’S Bunning Fox LaHood Tanner Durbin McHugh Taylor (MS) RECORD OF SUPPORT FOR Burr Franks (CT) Largent Edwards McKinney Burton Franks (NJ) Latham Tejeda SOUND INVESTMENTS IN Ehrlich Meek Thompson Buyer Frelinghuysen LaTourette Engel Menendez SCIENCE AND TECHNOLOGY— Callahan Frisa Lazio Thurman MESSAGE FROM THE PRESIDENT Evans Mfume Torres Calvert Funderburk Leach Farr Miller (CA) OF THE UNITED STATES Camp Furse Lewis (KY) Torricelli Fattah Mineta Towns Canady Gallegly Lightfoot Fawell Mink The SPEAKER pro tempore, laid be- Castle Ganske Linder Tucker Fazio Moakley Velazquez fore the House the following message Chabot Gekas LoBiondo Fields (LA) Molinari Chambliss Gilchrest Lucas Vento from the President of the United Filner Mollohan Visclosky Chenoweth Gillmor Luther Flake Montgomery States; which was read and, together Chrysler Gingrich Manzullo Volkmer Foglietta Moran Ward with the accompanying papers, without Clement Goodlatte Martini Ford Morella Clinger Goodling Mascara Waters objection, referred to the Committee Frank (MA) Murtha Watt (NC) on Science: Clyburn Gordon McCarthy Gejdenson Myers Coble Goss McCollum Waxman Gephardt Nadler Wicker To the Congress of the United States: Coburn Graham McCrery Geren Neal Collins (GA) Greenwood McInnis Williams This Nation’s future depends on Gibbons Oberstar Wise Combest Gunderson McIntosh Gilman Obey strong public and private support for Condit Gutknecht McKeon Woolsey Gonzalez Olver Wyden science and technology. My Adminis- Cooley Hall (TX) McNulty Green Ortiz Cox Hancock Meehan Wynn tration’s decision to make sound in- Gutierrez Owens Yates Cramer Hansen Metcalf Hall (OH) Oxley vestments in science and technology Crane Harman Meyers even as the Federal Government cuts Crapo Hastert Mica Cremeans Hastings (WA) Miller (FL) ANSWERED ‘‘PRESENT’’—1 other spending is premised on three Cubin Hayes Minge Stockman basic assumptions: H 3966 CONGRESSIONAL RECORD — HOUSE March 29, 1995 —Technology is the engine of eco- mission we have used science and tech- SEVENTH DISTRICT, NEW JERSEY, nomic growth. nology cooperation to ease the Rus- March 21, 1995. —Scientific knowledge is the key to sians’ transition to democracy and a Hon. NEWT GINGRICH, the future. Speaker, U.S. House of Representatives, Wash- market economy. We have received ington, DC. —Responsible government advances valuable new technology and cul- DEAR MR. SPEAKER: This is to formally no- science and technology. tivated a crucial partner in global af- tify you pursuant to Rule L (50) of the Rules The Congress and the American peo- fairs through Russian participation in of the House that I have been served with a ple can find evidence of the Adminis- the international space station. We subpoena issued by the Municipal Court for tration’s dedication to responsible gov- have used the Megasciences Forum of Manville, New Jersey. ernment support for science and tech- After consultation with the General Coun- the Organization for Economic Co- sel, I have determined that compliance with nology in our defense and economic operation and Development and other policies as well as our management of the subpoena is not consistent with the international forums to explore ways the science and technology enterprise. privileges and precedents of the House. to share the increasing costs of cut- Sincerely, We have decreased the Federal deficit, ting-edge research while maintaining BOB FRANKS, helped to create millions of new jobs, Member of Congress. and improved the tax treatment of our position of world leadership. Bilat- f small businesses and of investments in eral science and technology coopera- tion with other nations, including ad- research and development. Hemi- SPECIAL ORDERS spheric and global trade agreements as vanced industrial economies such as The SPEAKER pro tempore. Under well as relaxation of outdated export Japan, and big, emerging markets such the Speaker’s announced policy of Jan- controls have opened huge export mar- as the People’s Republic of China, serve uary 4, 1995, and under a previous order kets to America’s high-tech industries. us well in the global economy—giving of the House, the following Members My us access to new ideas and new tech- National Security Strategy of Engage- are recognized for 5 minutes each: ment and Enlargement (February 1995) nologies while creating new opportuni- depends on farsighted and efficient ties for business. f science and technology investments. Economists have estimated that the The SPEAKER pro tempore. Under a Our foreign policy and security inter- social rate of return on investments in previous order of the House, the gen- ests are also supported by mutually research and development averages tleman from Michigan [Mr. HOEKSTRA] beneficial international cooperation in about 50 percent, or about double the is recognized for 5 minutes. science and technology. average private rate of return. Clearly [Mr. HOEKSTRA addressed the We have consistently endorsed tech- a solid Federal investment program is House. His remarks will appear here- nology policies to increase prosperity justified even in the leanest times. It is after in the Extensions of Remarks.] and enhance environmental quality. In especially important for the Federal f Technology for America’s Economic Government to maintain its invest- The SPEAKER pro tempore. Under a Growth (February 1993) and Technology ments in science and technology when previous order of the House, the gentle- for a Sustainable Future (July 1994) this the pressures of the international com- Administration conveyed to the Amer- woman from Ohio [Ms. KAPTUR] is rec- petition are leading businesses to focus ognized for 5 minutes. ican people our plans for public/private on shorter term payoffs at the expense [Ms. KAPTUR addressed the House. partnerships to improve the business of more basic, longer term, and riskier environment, enhance access to quality Her remarks will appear hereafter in research and development. the Extensions of Remarks.] education and training, support devel- In Science in the National Interest (Au- opment of information infrastructure, gust 1994), the Vice President and I f ensure continued excellence in health reaffirmed our longstanding commit- TERM LIMITS care, and strengthen America’s global ment to world leadership in science, competitiveness. The SPEAKER pro tempore. Under a mathematics, and engineering. Sci- Streamlined government based on previous order of the House, the gen- entific discoveries inspire and enrich strong partnerships—within the gov- tleman from California [Mr. DORNAN] is us. Equally important, science and ernment, with the private sector, and recognized for 5 minutes. mathematics education provides all among nations—is a hallmark of the Mr. DORNAN. Mr. Speaker, what was Americans with the knowledge and Clinton/Gore Administration. The ‘‘vir- the final vote there? Do any of my col- tual department’’ I created by estab- skills they need to prepare for and leagues know? 227 to 204? So our bril- lishing the National Science and Tech- adapt to the high-technology jobs of liant Speakers prediction was right on nology Council (NSTC) has cut bureau- the future and to exercise the respon- the nose almost. We got way in the cratic red tape and produced a historic sibilities of citizenship. high 80’s on the Republican side of the first: an integrated research and devel- This Administration has articulated aisle and let me see, let me do a little opment budget that focuses on na- clear goals and established priorities arithmetic, 205 Democrats in this tional goals. The NSTC has also pro- for Federal spending, and our economic Chamber, the oldest party in America, duced large savings by enabling agen- policies have improved the climate for Andy Jackson, great tradition, and, cies to coordinate their efforts, divide private investment as well. We intend yeah, they did not give us enough here tasks, and share resources. to work closely with the Congress to to get through. My Committee of Advisors on ensure the well-being of our children OK. Do we not already have term Science and Technology (PCAST) pro- and grandchildren. These investments limits by way of elections? Well, obvi- vides critical links to industry and aca- will prepare us for the challenges of the ously not when 90 percent of all the in- demia. Their oversight of NSTC activi- 21st century. cumbents in the House and Senate who ties, such as development of strategies WILLIAM J. CLINTON. wanted their seats back got it. Forty- for the management and disposition of THE WHITE HOUSE, March 29, 1995. two people did not even have an oppo- fissile materials, promises to improve nent. I guarantee you that number will f the Federal effort. So, too, do the fo- not be that high on November the 5, rums and workshops that have drawn 1996. Particularly if this great oldest COMMUNICATION FROM THE HON- in thousands of experts and stakehold- party in America puts up Clinton, we ORABLE BOB FRANKS, MEMBER ers to help develop priorities in areas are not going to have 42 unchallenged OF CONGRESS FROM THE STATE as diverse as fundamental science; en- seats. The goal of the Grand Old Party OF NEW JERSEY vironmental technology; and health; is to have no unchallenged seat in the safety; and food research. The SPEAKER pro tempore laid be- United States of America comes 1996 I am also very proud of the steps we fore the House the following commu- election year. have taken to improve international nication from the Honorable BOB Number two, is it hypocritical for cooperation in science and technology. FRANKS, a Member of Congress from anyone to advocate term limits who Through the Gore-Chernomyrdin Com- the State of New Jersey: have already served longer than that? March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3967 Now, they were throwing around a lot and it says 587 days to the election day. not matter; the Contract With America of false figures here. I have announced My wife has one that is 76 days longer. is bad news for you. Last week we that I am in my last term. Nobody Her watch counts down to the inau- passed in this House welfare proposals gave me credit for that all during the guration, January 20, 1997, 587 days. that were contained within the Con- debate. I served 6 years, had my seat And if the American people give us the tract With America. Unfortunately, chopped in four parts because they White House to sink it up for the first what this proposal did was cut school could not find a candidate, including time since I was too young to vote, and lunch programs, it cut child care, it Gregory Peck’s son, to whip me twice, we have the House and the Senate and cut aid to disabled students, all for the the most expensive race in the history the White House, as Eisenhower had in purpose of trying not just as we were of the House. I raised over $2 million, January of 1953 when I got sworn in told to try to reform welfare, but also he raised over $1.5 million in 1980, then, that same week into the Air Force, you to provide billions of dollars to pay for bingo, they cut my seat up. are going to see amazing things happen these tax cuts that we will see next I said to President Reagan, ‘‘What do in this country. The gentleman from week on the floor of this House for dis- you think I should do?’’ He said, ‘‘Bob, New York [Mr. SOLOMON], one of our there is a Democrat liberal down there finest Congressmen, was saying in the cussion, which will ultimately go most- in Orange County and don’t you guys cloakroom after the vote, imagine, ly as I said before to the privileged few. call that Reagan country. Why don’t imagine, he said, if we get the White Within the next weeks we will also you go down there and knock him off.’’ House, and hold the House and Senate, see something that will be of interest So I did and I said I would only stay for what we can do for this great country not to just to those that are 5 years of 12 years because one of the most arro- of ours. Faith, family and freedom. age, not just to those who have chil- gant things I heard here all night is That should be the focus of this House, dren 5 years of age, but to those who that in each district in America, and and that freedom means liberty from wish to go on to college, and that is, of some compliments went back and big, oppressive taxing-taxing, spend- course, what we see written, for exam- forth, each district has found the ing-spending government. $5 trillion, ple, in U.S. News and World Report greatest statesman or stateswoman term limits, maybe in the next Con- where they say that ‘‘Every major Fed- that that district was ever going to gress. God bless you, Madam Speaker. eral college aid program is considered a produce in American history. Thank you for those 5 minutes. target in one form or another by the Well, I can tell you something, in f new Republican majority in Congress.’’ every district in America there is a The SPEAKER pro tempore. Under a What does that mean? Financial aid woman, there is a man, there is a re- previous order of the House, the gen- for middle-class students today is in tired military person, there is a sharp tleman from Maryland [Mr. MFUME] is jeopardy. In fact, it is not only in jeop- young man or woman just out of col- recognized for 5 minutes. ardy, it may become a thing of the lege that would like to serve for 6, 12 [Mr. MFUME addressed the House. past. Why? The Contract With America years, get it over with and then go in calls for the Congress to pay for these the private sector and create jobs and His remarks will appear hereafter in tax cuts. And one of the ways they plan carry that government experience with the Extensions of Remarks.] to do that, as we understand so far them the rest of their life. f from the majority, is they plan to Has it ever occurred to anybody that The SPEAKER pro tempore. Under a since Jeremiah Dent left the House eliminate four major student aid pro- previous order of the House, the gen- grams. The first is subsidized Stafford there is not a single admiral or general tleman from Georgia [Mr. KINGSTON] is student loans; the second is work study over in the other body and only SONNY recognized for 5 minutes. MONTGOMERY in this House, and then programs; the third is supplemental [Mr. KINGSTON addressed the House. people complimented all the World War education opportunity grants for very His remarks will appear hereafter in II people in this House. I have watched low income and disadvantaged stu- the Extensions of Remarks.] Watergate babies, pro-Sandinista, pro- dents; and fourth is a Perkins loan pro- Hanoi demonstrators try to knock off f gram, which also provides loans to low- all our World War II people in this ma- STUDENT LOAN PROGRAMS IN and middle-income students. These jority party and take their chairman- JEOPARDY four programs constitute about 75 per- ships away from them. So where was cent of all the student aid that we see the respect factor for World War II vet- The SPEAKER pro tempore. Under a given out in this Nation. erans there? previous order of the House, the gen- Why are the Republicans in this Con- Then it was inherent on both sides of tleman from California [Mr. BECERRA] tract on America doing this? As I said is recognized for 60 minutes. the aisle, arguing against term limits before, they have to pay for their tax Mr. BECERRA. Madam Speaker, I that somehow or other the process is cuts, which amount to about $200 bil- would like to discuss something of not broken. If this process is not bro- lion over 5 years, and I believe over grave concern to me, because although ken, how do we get into bloody $5 tril- $800 billion over 10 years. Somewhere I do not have a child who is of college lion worth of debt this coming Septem- they need to find the money, and they age yet, in about 6 years I will, and in ber? Every man, woman and child, are doing it going after not just the every newborn baby on September 20 of about 18 years, God willing, I will also have another child that will be prepar- kids and school lunch, but we now see this year and every man or woman college students will have to pay the about to meet their maker owes $20,000. ing to go to college. Today I would like to address the price. Just how did that happen, if this proc- What we find is that on November 8 ess is so wonderful? whole issue of what is happening in this Congress, and to me what is hap- people said they wanted to vote for And we are the greatest assemblage change, but what we are finding is peo- of statesmen and women that this Na- pening and what will happen perhaps ple are beginning to realize this is not tion has ever seen. No, I loved it when next week is the devastation of the op- the kind of change that they wish to our dynamic Speaker said this will be portunity of young people to become have. When you talk to people, they H.R. 1 next year. professionals and become productive members of our society. say that along with things like Social b 2145 The Republican Contract With Amer- Security, we wish to preserve programs Look, folks, here is the countdown ica calls for cuts. It calls for tax cuts that help people become professionals, watch. I may market these later in the that will go to those privileged few in to become productive citizens. We do year if I can get it through the Com- our society that are very wealthy. And not wish to deny them the opportunity mittee on Ethics. Here is the count- it calls for cuts, cuts to programs that to become full-fledged members of our down watch. I do not like that back- help seniors, cuts to programs that society. ward running watch. I am an analog help children, and cuts to people who These cuts to student aid programs guy. I want it to go the right way, are preparing to go on to college. will be devastating. Millions of individ- clockwise. Here is the countdown. Here Whether you are 5 years of age or uals may very well see their economic is Clinton taking a little tumble there whether you are 22 years of age, it does futures go down the drain. This in turn, H 3968 CONGRESSIONAL RECORD — HOUSE March 29, 1995 of course, will threaten the economic Bailey. I had the chance to meet and visit with The SPEAKER pro tempore. Under a future of our own country. Getting rid this outstanding young lady when she came to previous order of the House, the gentle- of these four student aid programs will Washington recently. Her patriotic essay is woman from New York [Mrs. MALONEY] cost about $20 billion over the next 5 one of the best I have read and commend it is recognized for 5 minutes. years for middle-income families. to all my colleagues. [Mrs. MALONEY addressed the Now, let us look at it this way. It is ‘‘MY VISION FOR AMERICA’’ House. Her remarks will appear here- not just the cost, it is a tax. Because after in the Extensions of Remarks.] these are middle-income families that The people who fought for the American otherwise would have been able to help Revolution had a vision of a country they f their children go on to college. But be- governed themselves. The South had a vision KEEP LONG ISLAND SMALL BUSI- cause they are being taxed in higher of keeping their slaves. The North had a vi- sion of defeating the South. Abraham Lin- NESS ADMINISTRATION OFFICE fees, less money for student loans, they coln had a vision of forming a Union again, OPEN will now be paying the cost of these tax and the slaves had a vision of being free. His- cuts that will be going mostly to the tory is a picture show of many groups with The SPEAKER pro tempore. Under a privileged few in their Contract With many visions. I am following in a long line of previous order of the House, the gen- America. history because I, too, have a vision. tleman from New York [Mr. FORBES] is This is the worst time, by the way, to Everyday I go to school, and, to me, it is a recognized for 5 minutes. be cutting back on student aid. Tuition small scale America. In our school we have Mr. FORBES. Madam Speaker, I rise is rising rapidly throughout the coun- black people, white people, people with today on behalf of the hundreds of try. Without any assistance, the cost of learning disabilities, and straight A stu- thousands of small businessmen and attending college will go up even more. dents. We have as many visions as we do women and the potential hundreds of Some will be forced to forgo school al- groups of people, but all the students and thousands of small businessmen and faculty come together five days a week for together. women on Long Island. Earlier this one purpose, whether it is conscious or bur- In California, tuition rates have sky- ied under all their other concerns. We come week the Clinton Administration an- rocketed. The goal of California’s mas- to school to educate and to be educated be- nounced that they were going to ter plan of giving every young person cause we all have a vision of success. My vi- streamline and consolidate depart- the chance to go to college, whether it sion for America is that, like the school, we ments at the Small Business Adminis- is community college, State university will recognize that we, too, have a common tration, something that I on the face of or the University of California cam- goal to work towards—unity. it applaud, and I commend the admin- puses, is evaporating rapidly. Those The civil rights movement was perhaps a istrator, Phil Lader of the Small Busi- students who represent the first gen- time when many people combined dreams to ness Administration, for his leadership eration of college students in their form one vision. Sit-ins, boycotts, and in that endeavor. family just might come home without marches were all a part of a people’s fight for Unfortunately, included in this meas- justice. The civil rights movement was spe- a degree, a devastating blow for par- ure to downsize the agency is the clos- cial because it included everyone. The object ents, students and siblings alike. of the movement was unity. A person did not ing of a very valuable office, the Small I can give an example: I myself am have to be black to fight for civil rights but Business Administration’s Long Island the first in my family to get an edu- simply a person with an eye for justice and office in Melville. I am most supportive cation. My parents were immigrants. I a belief that it was time for the truth to be of the efforts to consolidate. As a would not have been able to go, but I acted upon that all people are created equal, former head of the Small Business Ad- took advantage of work study and stu- not ‘‘separate but equal,’’ equal. ministration in New York, we led a dent aid and student loans. We tend to focus on the qualities that we pilot program to do just that. I strong- I hope we will understand this is not can see are equal—like our color or our fi- ly urge, however, that the Clinton Ad- the way to go, and we will not support nancial status—rather than the qualities ministration reconsider closing the the Contract With America’s attempt that we cannot see. In my vision our new Long Island office. to go after our college students. focus will be on equality of mind and spirit, of opinions and beliefs, equality, not agree- Long Island is in a unique situation. f ment, unity of spirit, not race. Spirit has no For most of the century, Long Island’s The SPEAKER pro tempore. Under a color; it has no age, it is not divided into economy has been dependent on a previous order of the House, the gen- categories. healthy defense industry. However, in tleman from Connecticut [Mr. SHAYS] I had the privilege of standing on the steps recent years, draconian cuts to the de- is recognized for 5 minutes. of the Lincoln Memorial in Washington, D.C. fense budget have left the Long Island The Washington Monument pierced the air, economy reeling, and today we are [Mr. SHAYS addressed the House. His and the green glow of the Capitol filtered remarks will appear hereafter in the searching for an alternative. Forced to from behind it. I felt powerful, humble, and diversify, Long Island now more than Extensions of Remarks.] thankful. Not only are those monuments re- ever looks to the small business sector f flected in the water they rise above, they are as its major source of jobs, revenue, The SPEAKER pro tempore. Under a reflected in me. I realize that even though the states are and income. Small businesses on Long previous order of the House, the gen- not always united, and that corruption Island look to the local Small Business tleman from New York [Mr. OWENS] is threatens our freedom, in the capital of my Administration office for valuable help recognized for 5 minutes. country I can stand and ponder and pray for and counsel. The closing of the Long [Mr. OWENS addressed the House. as long as I want without being threatened Island office would be devastating to His remarks will appear hereafter in or dragged away or embarrassed. We have a an economy so dependent on a viable the Extensions of Remarks.] starting point for equality. We are all free. small business sector. The answer for a truly united nation is not f at the top of the Washington Monument or Madam Speaker, the administra- tion’s plan to close the Long Island of- JULIA BAILEY IS MISSISSIPPI clutched by Lady Freedom on the tip of the Capitol. It is as low and as humble as we fice would negatively impact, as I have WINNER IN VFW VOICE OF DE- make it in our hearts. Those monuments are said, over 82,000 small businesses in MOCRACY SCHOLARSHIP PRO- not representing a country about to fall, but Nassau and Suffolk County. This is an GRAM a country with the potential to rise, not in area larger in population than some 20 The SPEAKER pro tempore. Under a concrete, in power, or money, but in unity States. While the economy in most of previous order of the House, the gen- and goodness. My vision for our nation to be the Nation has rebounded of late, the united through spirit begins in the seedbed tleman from Mississippi [Mr. MONT- Long Island economy continues to lag. of real freedom—our hearts. GOMERY] is recognized for 5 minutes. Long Island has endured extensive cuts Mr. MONTGOMERY. Mr. Speaker, I want to The SPEAKER pro tempore. Under a in defense spending and the loss of the share with my colleagues the winning entry previous order of the House, the gen- SBA office on Long Island would be an- from Mississippi in the VFW's annual Voice of tleman from Virginia [Mr. DAVIS] is other blow to an economy already Democracy contest. It was submitted by Julia recognized for 5 minutes. struggling to right itself. Bailey of West Point, MS. [Mr. DAVIS addressed the House. His For the months ahead, Congress will Julia is a senior at West Point High School remarks will appear hereafter in the have some very difficult decisions to and the daughter of Eugene and Elizabeth Extensions of Remarks.] make about the budget and the future March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3969 spending by the Federal Government. TERM LIMITS AMENDMENT have term limits out there and state But instead of eliminating an SBA of- SHOULD HAVE PASSED assemblies, the state Senate, the staff fice that is a value-added commodity The SPEAKER pro tempore. Under a does not bother us. They do not take to the taxpayers, that the Small Busi- previous order of the House, the gen- over any powers. They are running fine ness Administration generates more in tleman from California [Mr. KIM] is in Sacramento. That is another stupid local income and is a stimulus to the recognized for 5 minutes. argument that I cannot understand. local economy and is not, I repeat, not Mr. KIM. Madam Speaker, I was very Finally, this retroactive. I voted yes a drain on Federal taxpayers, it would disappointed today that we were not on that, 12 years retroactive. What is be wrong-headed to go forth and close able to pass the resolution to limit our wrong with it? Is not 12 years long an office that is a value-added com- own congressional terms. I was very enough? modity to the taxpayer. disappointed. I think it is a sad day for The argument is we need an orderly transfer, otherwise we are going to I propose that instead the Small us. Shame on us. I cannot understand have a chaotic situation, that so many Business Administration consider clos- it, because more than two dozen states Members will resign. That is nonsense. ing down the Office of Advocacy. This sent a strong message to us that they want some kind of term limits. The The last 2 years ago, when I came to Office of Advocacy was created in a po- Congress, we had 110 freshmen. This litical climate and for political rea- people are tired of all these profes- sional politicians entrenched in Wash- year something like 87. Added to- sons, and with today’s budget of $7 mil- gether, more than 200 changes in the lion, it is an economy well worth con- ington, D.C. They want some circula- tion. Yet we ignore them, because we last 3 years. I do not see any chaos. It sidering. The Office of Advocacy is are so arrogant that we know the best. was very, a very orderly transfer. As a often the source of reports and re- Today, again, we ignored those people’s matter of fact, we made so much search that many have come to under- wishes. change, so much dynamic changes the stand to be 7, 8, 9, 10 years old, research I was listening carefully why some last two years, I think it is good that that is often outdated. Members are opposed to term limits. we should have such a dramatic By retaining the Long Island office of Let me tell you how ridiculous it is, change. the Small Business Administration, we the arguments I heard today. The first Look at California. I do not see any can generally give a hand up to the argument is experience. We need the disorderly chaotic situation out there local people in Nassau and Suffolk experience here. What kind of experi- serving only 2 years, only 6 years and County. I urge that the Clinton admin- ence do we need, experience how to give up the seat. istration reconsider the closing of that play politics? Experience how to Also they say that they are against it office. present speech, feel good speech? Expe- because Democrats are playing games. Let me just mention one case in rience how to understand the par- They do not want to have a term limit. point. There are many small businesses liamentary procedure? Is that experi- They are playing games. They are that have been helped through the ence we need? using this as an excuse to play games. I do not understand that. I do not know guaranteed loan program that works All this Washington, D.C. experience what kind of playing games they are with private lenders. One such case is we do not need. All we need is experi- doing. If it is true, then shame on J. D’Addario and Company, a family ence, fresh experience from the out- them. But that is another reason why owned small business that produces side, the real world. What is happening there us people are suffering every day. we have to get rid of those folks who guitar and other instrument strings. know how to play games. They have This company benefited from several Small business is suffering, trying to maintain their business, trying to meet been here too long. That is why they loans administered by the Long Island are playing games. I do not know how office of the Small Business Adminis- the payroll. That kind of experience we need, not inside-the-beltway experi- to play games. Maybe I should be here tration that eventually allowed the ence. It is a ridiculous comparison. 10 years, and then I know how to play business to relocate from rented space Also one Member from the other side games. This bunch of rhetoric that I where they employed originally 25, to a of the aisle mentioned Gen. Colin Pow- cannot understand coming from the new location where they are now em- ell’s statement that it took him 30 private sector, it is totally beyond my ploying over 250 people. They pur- years to learn the job, implying that it comprehension why we are rejecting chased the land and constructed a site will take us 30 years to learn this job. our own term limits. that was four times the size of the pre- That is a ridiculous comparison. I think it is really a sad day. vious location. f b 2200 There are literally hundreds and hun- The SPEAKER pro tempore (Mrs. dreds of success stories as a result of I think it is a sad day that Members SEASTRAND). Under a previous order of the efforts made by the men and using that kind of comparison try to the House, the gentleman from Illinois women who work for the Small Busi- justify why term limits should not be [Mr. POSHARD] is recognized for 5 min- ness Administration on Long Island. I implemented. The second argument I utes. am hearing is that people should de- know the difficulties administrator [Mr. POSHARD addressed the House. cide, not us. Especially from the gen- Phil Lader faces in making the tough His remarks will appear hereafter in tlewoman from California, I was sur- decisions, and he is right to consolidate the Extensions of Remarks.] prised. Only 30 years ago the California duplicating programs. To date his ef- f forts have been superb. But again I voters voted overwhelmingly to sup- would ask that the Clinton Adminis- porting term limits. How quickly we PERMISSION TO SUBSTITUTE forgot. That is another reason why we tration and the Small Business Admin- SPECIAL ORDER have got to have some rotation here. istration in particular reconsider clos- How arrogant it is. Only 30 years ago Mr. HOKE. Madam Speaker, I ask ing the Long Island office, and add that the California people overwhelmingly unanimous consent to speak in substi- this important resource to the small passed this term limit, yet we forgot. tution for the gentleman from Califor- businessmen and women of Long Island Say they, people should decide. They nia [Mr. RIGGS] for 5 minutes. be kept open. did, they spoke already. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Under a The other one I am hearing is this objection to the gentleman from Ohio? previous order of the House, the gen- nonsense that we are going to give There was no objection. tleman from Oregon [Mr. DEFAZIO] is more power to nonelected staff mem- f recognized for 5 minutes. bers. Come on. Our staff members, [Mr. DEFAZIO addressed the House. until we passed the bill not too long TERM LIMITS His remarks will appear hereafter in ago, they do not have very much The SPEAKER pro tempore. Under a the Extensions of Remarks.] power. They can be fired, they can be previous order of the House, the gen- dismissed any time. Laws do not apply tleman from Ohio [Mr. HOKE] is recog- to them even. Look at California, we nized for 5 minutes. H 3970 CONGRESSIONAL RECORD — HOUSE March 29, 1995 Mr. HOKE. Madam Speaker, I want, to do this for some time, but I have not Those words were uttered by Daniel first of all, to commend the gentleman had the courage, the motivation, the Webster, a former member of this body from California [Mr. KIM]. He is a genu- specific interest, the specific initiative and a former member of the United ine American hero. Those were great to do this. Doggone it, there are 22 States Senate. remarks. Absolutely truthful, abso- States out there that have already en- Intrigued by that, I happened to lutely right on the money, right on the acted term limits. Or is it 24? Twenty- check his biography and noted that he mark, cutting through the, well, I can- two? served in both the House and the Sen- not say that, just cutting through it Mr. HAYWORTH. Twenty-two. ate, that he first served in the House all. And really telling it exactly like it Mr. HOKE. Twenty-two States have for 4 years, was defeated, took 6 years is. Maybe a lot of people are in mourn- enacted term limits; 24 million people in the private sector, ran again for the ing tonight because they feel like they in this country have voted for them. House, this time from another State. have been betrayed by this Congress They have carried by a margin of 70 to Initially he had been in New Hamp- because the American public under- 80 percent in every single one of those shire, moved to Massachusetts, and stands that term limits is the corner- States. In each of those 22 States, there then switched, ran for the Senate, stone of congressional reform. The pub- are men and women who ought to use served 14 years, resigned, spent 4 more lic understands that. this as their issue, because if your rep- years in the private sector and ended But do not be in mourning. Do not be resentative voted against term limits his career in the Senate with a term of in mourning. There is no reason to, be- in one of those 22 States, that rep- 4 years before he resigned in, I believe, cause really, this is a situation of pay resentative is saying, I know better 1851 or 1852. me now or pay me later. Vote for term than the people. I do not care what the I mention that because there has limits tonight or your replacement will people say. I do not care that 70 or 80 been a lot that has changed in this vote for term limits in 2 years. percent of the people demand that we country since men of the caliber of That is exactly what goes on here. have limited terms. I do not care that Daniel Webster served here. Let us What you are going to have tonight or the public understands that this truly hope that the actions that we take what we have seen tonight is with the is the cornerstone of congressional re- today and in the future will encourage defeat of this bill, we are going to see form, that this is the way that we are more men and women of his caliber to a ton of replacements in two years. going to eliminate congressional ca- Mr. HAYWORTH. Madam Speaker, reerism forever. serve in this body. will the gentleman yield? I do not care because I know better. But I was very torn today on the Mr. HOKE. I yield to the gentleman And I know better because, gosh, after issue of term limits. As many may from Arizona. all, I have been here 20, 30, 40 years. know, my State enacted a referendum Mr. HAYWORTH. Madam Speaker, I How else would I not know better? in the fall of 1994 imposing a 6-year thank the gentleman for yielding to Those people should be inspired to- limit, which I intend to honor, and me. It has been very interesting to lis- night and they should grab this and which I believe is binding on represent- ten to the debate, and I would associ- take this opportunity and get involved. atives from the State of Maine. But ate myself in full with the remarks of And this is your campaign issue for No- given the fact that we were presented the gentleman from California who vember 1996. with a bill tonight on the floor that did preceded you in the well. Mr. HAYWORTH. Madam Speaker, I not provide me with the required de- But, Madam Speaker, it was very in- think the gentleman from Ohio has gree of certainty that it would not pre- teresting earlier tonight to hear one of noted, as many of us have, during the empt State law, I voted against the bill our friends on the other side talk about course of these first 100 days, that in- and I did so reluctantly. But I want to the ship Contract with America listing deed many folks who walk to the add a message because it would be in- and creaking and the bow breaking and chamber in fact become walking adver- appropriate to say that the debate has all these terrible things. Amazingly, tisements for term limits, walking ex- taken place entirely on this floor. Be- and undoubtedly since so many mem- amples of the reasons why we should cause I think the debate has taken bers of the media in this town work in enact them. place across the country in all 50 complicity with those on the left, I just Let me pause here to make a distinc- States and in the thousands of commu- think they have missed the story. tion because I also want to point out nities that make up this great land. The fact is that we pledged to bring that good people can disagree and no I think the people are speaking very 10 items to the floor for an up or down doubt others will follow us in the loudly and clearly that they want some vote. And even though there is dis- chamber, making distinctions of con- form of system that will guarantee appointment tonight, as my friend science, of conviction, but we abhor the that the lack of professionalism in the from Ohio mentions, the fact is there is gamesmanship that was played during sense of people making a lifetime ca- cause for jubilation because now we the course of this debate, really spurn- reer out of service in this body, and we have enjoined the dialogue. And com- ing the notion of what the will of the have seen enough information about ing from a State in which the major people might be. the longevity of service, I think an av- city is named Phoenix, I assure the f erage of some 25 or 30 years, particu- American people tonight, Madam larly for committee chairs, and ex- Speaker, that this issue will again rise MORE ON TERM LIMITS tended service by others well past their from the ashes. The SPEAKER pro tempore. Under a prime of life and well past their ability Mr. HOKE. Let us look at the num- previous order of the House, the gen- to display the type of sensitivity to the bers on this. The fact is the Repub- tleman form Maine [Mr. LONGLEY] is private sector that we would like to see licans voted 189 yes, 40 no. That is recognized for 5 minutes. displayed by representatives in this about 82, 83 percent of the Republican Mr. LONGLEY. Madam Speaker, I body. And so I call upon the three Conference voted in favor of term lim- think sometimes it is appropriate, groups that have been active across the its. On the other hand, Democrats again, to reflect a little bit on history. country, the groups supporting the 6- voted 38 yes, 163 no; 80 percent of the I happened to be sitting in the well this year term limit, the group supporting Democrat Caucus voted against term evening and looking up to the ceiling. the 8-year limit, and the group sup- limits. Who defeated term limits? Just behind the speaker’s platform and porting the 12-year limit, to get to- Democrats defeated term limits. above the clock is a saying on the wall gether and, in the words of our speak- Who is going to be defeated in No- and it is a very appropriate quote. It er, be prepared to support H.R. 1 on the vember of 1996? Well, the public will de- says, ‘‘Let us develop the resources of first day of the next session that will cide. The public will decide. But what I our land, call forth its powers, build up somehow or other find a way to respect would urge, right out there tonight, its institutions, promote all its great the difference in the diversity among there are people who should be stirred. interests and see whether we also in the 50 States and provide for a term- There are men and women who have our day and generation may not per- limit because that will allow us to have thought, I want to serve my country, I form something worthy to be remem- once and for all one standard that we have something to offer. I have wanted bered.’’ can apply in this country and not March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3971 confront representatives such as my- kind of experience, particularly if that and how to limit terms on their own, self with a very difficult dilemma experience has been reinforced every 2 and that is through a process, a won- where we are being asked to support a years in something wonderful called an derful process called an election. concept that we believe in very deeply election? I refuse to be ashamed for the but, yet, which we find at odds with the fact that I have developed more experi- f laws of our own State. ence, and feel that I am a more able Madam Speaker, I appreciate the op- representative of my constituency, but A HISTORIC NIGHT WITH VOTES portunity to serve in this body. knowing all the time that my constitu- ON TERM LIMITS f ency decides every 2 years whether or The SPEAKER pro tempore (Mrs. not that is the kind of experience they SEASTRAND). Under a previous order of ANOTHER VIEW ON TERM LIMITS want, or whether I am exercising that the House, the gentleman from South The SPEAKER pro tempore. Under a properly, or in what they think is a Carolina [Mr. GRAHAM] is recognized previous order of the House, the gen- proper format. for 5 minutes. tleman from West Virginia [Mr. WISE] Does anyone around here ever walk Mr. GRAHAM. Mr. Speaker, rather is recognized for 5 minutes. into a law office, a physician’s office, than to try to make a speech, I just Mr. WISE. Madam Speaker, I rise as or any there office, into a store, and have a few minutes of reflection on one who voted against the term-limit say ‘‘Hey, could I have the most junior what I think happened tonight and limitations, because as I have heard person around here? I want the one who what is going to happen in the future. the arguments tonight, it is not how just got here, the one who just got out It is a historic night. The Contract many terms you have, it is what you do of medical school, the one who just got With America said we would allow with the term, the term, the one term their certification. Please, I want to votes on term limits, and we did. Now at a time. It is what you do with that skip over the most senior person. I it is up to the public to see who voted term and then it is what the voters don’t want to get to somebody who has and how they voted on all the votes. If think that you have done with that had even maybe 13 years, of course you really want term limits, you are term and how they feel about that not.’’ going to have to act on what the body term that determines or should deter- What is it that is supposedly bad did tonight. If you think there is some mine whether or not you return. about experience if the voters are truly correcting that needs to be done, it is In the case of my State, West Vir- exercising their control? That gets to a up to you to do it. very important point, Madam Speaker, ginia, we are a small state. We have I can assure you this, after having that what we are talking about here is three House Members. Other States been here almost 100 days, that this the frustration that is very real in our have far bigger delegations. I think body is not going to give in to the will country about whether or not Congress that my State would be, the majority of the people easily. There is plenty of is responding. That frustration needs of my State would say, why is it that blame to go around, and the numbers to be dealt with in campaign finance we should be limited as to whether or speak for themselves. Eighty percent of not we can vote for ROBERT C. BYRD, reform. the Democratic Party voted against for instance, and the distinguished It would be my hope that H.R. 1 final passage on this bill. Eighty per- service that he has had? Why is it that would not be a term-limit bill. Actu- cent of the Republican Party voted for we should be limited in whether or not ally, let us hope there does not need to final passage. Those are pretty compel- we can vote for other leaders who may be a campaign finance reform bill in ling numbers. However, to be honest, rise and show themselves to be able? 1997, because I would like to see it out Mr. Speaker, there is shared blame In the case of a small State like West on the floor in 1995. That, I think, lim- here. The Republican Party needs to Virginia, with three House Members, iting the amounts of money, curbing push term limits harder, from the bot- please remember that when you have the money chase, making it easier for tom and the top. My class, 73 Repub- term limits what you are going to do is challengers to take on incumbents, to turn this place over to the large that is real term limitation. lican freshmen, about 90, 95 percent of States. And so the Californias, the Somebody pointed out that 90 per- us believe in term limits and believe in Floridas, the Texases will dominate cent of incumbents, 91 percent, were re- it deeply. I admire people who disagree every 2 years who it is that becomes elected last time, but what they did with me who have equally strong be- chairs and subcommittee chairs and not point out was that so many chose liefs, and they do exist, but what we ranking Members. not to run because they saw the odds, have to do as a party is to get more fo- So small States have a vested inter- they read the polls, they talked to cused and make sure the bill does not est in making sure that there is some their constituents. The fact of the mat- get messed up in committee and have kind of equality here so that we have ter is that over half this Congress, 219 to explain our positions here and get an equal say as well. There are many Members, have been here 5 years or off track. here who say, term limits, we will real- less. Almost one-half has been renewed I think we will learn something from ly rein in the Members on this thing. in just the last two elections, the last tonight, that we will be more focused Nobody ever talks about the staff. No- 4 years. next year, and when the vote comes in body limited the staff. Nobody limited Madam Speaker, I think those are the first part of the 105th Congress, the lobbyists. Nobody limited the oth- important statistics. The average life- that we will be more focused as a party ers that all are part of this mix called span, political lifespan of a Member of and we will really, really push for term democracy and called a legislative Congress in the House is less than 12 limits. body. years, that very term, that very limi- The good news is that people have So what happens is then the institu- tation which many would seek to im- voted, they are sort of out in the tional memory now resides entirely pose. public’s eye now, and you can deter- with those who are truly the paid pro- Madam Speaker, for all those reasons mine who is with you and who is fessionals here. I do not say that dis- I happen to think that term limits is against you. The bad news is that the paragingly of them, except just to one of those bumper sticker phrases people who are not members of a term make that observation that those peo- which sounds good, but which in re- limits organization, and I do feel sorry ple who become the ranking members ality does not further our democracy. for those people who are Members of and subcommittee chairs and the I think our voters, in West Virginia term limits organizations that have chairs will have less and less to say our voters do not need term limits. I worked so hard to get their message about what actually happens in their would point out that in our State, for across, that it fell short, but the aver- committees. instance, over half of the House of Del- age, everyday citizen who is not a egates, on any given election 40 to 50 member of anything, other than maybe b 2215 percent of our House of Delegates is their church, who is trying to raise I would also like for people to think changed. Indeed, many members of our their kids, trying to make it through for a second, what is it that everyone is State Senate this year were changed. life, we let them down. That is what to be ashamed about for having some Our voters know how to judge people really bothers me the most. H 3972 CONGRESSIONAL RECORD — HOUSE March 29, 1995 The only hope that we have in chang- tween the people who defied the will of I would ask those listening tonight ing this country, in my humble opin- the American people in this body and and those in the gallery and my col- ion, is to pass some form of term lim- those who get reelected on both sides leagues who are still here in the Cham- its. I ran on four issues. I am the first of the aisle. ber and those in their offices, consider Republican to be elected in 120 years in f when this legislation is brought back my district. I ran not so much on Re- up, if you were not part of the move- publican-Democrat differences, and THE VOTE ON TERM LIMITS ment to make the change, please talk they are great, and I am very proud to The SPEAKER pro tempore. Under a to your constituents, talk to your be a Republican, but I ran on the idea previous order of the House, the gen- friends and neighbors, and realize that of let us change Congress for the good tleman from Pennsylvania [Mr. FOX] is along with the kinds of reforms we are of our country. recognized for 5 minutes. going to have with franking and the Let us have a balanced budget Mr. FOX of Pennsylvania. Madam gift ban and with campaign reform, amendment and make sure both par- Speaker, I want to also join with my this is just one more reform that the ties, regardless of who is in control, colleague, the gentleman from South American people want us to do, be- spend within their limits. Let us give Carolina, LINDSEY GRAHAM, who I cause they realize that Congress can be the President of the United States, re- think spoke eloquently about the fact accountable and can be accessible, and gardless of party, the line-item veto so that the fight is not over. We may have with their help and God’s, we will he or she can strike from our budget fallen short tonight by not having 290 make the final reform of term limits. pork barrel projects to get us reelected, votes, but we had 208 votes, which as which both parties can succumb to. compared to years ago when they had f Let us make every law in the land 107 votes, we are much closer to our apply to every Member of Congress, so goal. AN IMPORTANT FACTOR IN TERM we will understand what it is like to The Contract With America pledged LIMITS: CHANGING PEOPLE’S AT- live in America, not just in Washing- to the American people that the House TITUDES ton, DC, in a protected class. Republicans would bring this to a floor The fourth institutional reform I ran The SPEAKER pro tempore. Under a vote, and we are pledged to getting a previous order of the House, the gen- on was term limits. After being up here successful 290 votes. This is going to 100 days, that is the cornerstone of re- tleman from Minnesota [Mr. happen one day. form. We need to have people come to GUTKNECHT] is recognized for 5 min- Remember what brought us to this this body with a different motivation, utes. point. Forty years of Democratic rule with a different mind-set. People Mr. GUTKNECHT. Madam Speaker, in the House has created an institution should come here wanting to make the this has been a very historic day. For less accountable by the American peo- world where they came from better, many years the Congress has wrestled ple. The longer Members have served in not the world in Washington better for with whether or not they would have Congress, the more removed they be- themselves. The game should not be an open vote under rules in which come to the people who elected them. ‘‘How can I become a committee chair- amendments could be offered to the That lack of accountability in prior man or subcommittee chairman?’’ The whole issue of term limits. Congresses forced an environment that game should be ‘‘How can I make my I come to the Congress from the resulted in corruption of the House community better, how can I make my State of Minnesota, and having served bank and the House post office. Nation better, and go home?’’ 12 years in the Minnesota legislature, I Those scandals, along with Congress’ There are so many people in America became a late adapter to the whole no- who have been denied the opportunity inability to balance the budget and control runaway deficit spending, have tion of term limits. On the front of the to serve in this body because when you House Chamber in the Minnesota are an incumbent, the money is great. rallied a significant majority of the American people in support of term House of Representatives, there is a I agree with the gentleman about lob- sign in gold leaf. It says ‘‘Vox bying reform and finance reform. I limits. Term limits will end careerism in Congress. The Founding Fathers Populorum est vox Dei.’’ In Latin I came from a State, South Carolina, guess that translates to the voice of where 18 people went to jail, who never envisioned the House as a House of Lords, but rather as a citizen legisla- the people is the voice of God. served in the General Assembly, for Before I was in the legislature, I was taking bribes. We have the strongest ture. Term limits provide real choices for in sales, and went to a number of sales ethics law in the country. You can op- training programs. One of the most im- erate government and have reform, lob- voters. Term limits do not restrict voter choices. On the contrary, they portant words in terms of changing bying reform, campaign finance re- human behavior is the word ‘‘atti- form. I am for that. create more choices. After California, tude.’’ Before you can change people’s However, the gentleman who just for instance, passed its term limits in behavior, you have to change their at- spoke misses the point for the needs of 1990 for State legislators, the number titude. I think one of the most impor- term limits. It works hand-in-hand. of candidates running for office in- tant arguments in favor of term limits Money is a problem, but motivation is creased by 40 percent. the real problem. People come up here The American people also over- is changing the word attitude or chang- and get trapped in the world which whelmingly support term limits. That ing people’s attitudes. they become a part of, Washington, DC. is why tonight we should have passed I think if people go to the Congress It is unlike any world I have ever been it. There should have been more Demo- or if they go to the State legislature, if in in my life. People spend money up cratic support for this legislation. they go to the presidency, whatever here like you are not going to make it Eighty-three percent of the Repub- the public office may be, if they know anymore. It is the most detached place licans supported it and only 18 percent they are only going to serve for a lim- I have ever been. It is so different from of the Democrats. Yet poll after poll ited amount of time, I think they go the world that I know. shows overwhelming support for term into that office with a much different The only way you are going to limits, in some polls as high as 85 per- attitude than if they see that as a life- change our country, in my opinion, is cent of the public. There are already 22 long career. to make sure that people come up here States that have adopted term limit I think the American people are way for a limited period of time and that laws. out in front of us on this. I think in the they are working on improving the Finally, I would say this, Madam final analysis they will prevail. In fact, world from which they came. Speaker. The term limit laws are al- the late Senator Everett Dirksen per- Term limits, unfortunately, in many ready imposed on other political of- haps said it best when he said ‘‘The ways, is the only vehicle I know to fices. There is legal precedent for this. more I feel the heat, the more I see the bring that about. I am optimistic in The President is limited to two terms light.’’ I think more and more Members 1996 that the votes of the American of offices. Thirty-five States impose of Congress now are beginning to feel public will reflect the votes tonight, term limits on their Governors, as they the heat from the American people, and that there will be a correlation be- do in our State of Pennsylvania. and they are beginning to see the light. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3973

Am I disappointed, I would ask the (The following Members (at the re- Mr. BILIRAKIS. gentleman from South Carolina [Mr. quest of Mr. BECERRA) to revise and ex- Mr. PACKARD. GRAHAM], in the outcome tonight? To tend their remarks and include extra- Mr. LAZIO of New York. be sure, I am. I thought we were going neous material:) Mr. WALSH. to do much better. As a matter of fact Ms. KAPTUR, for 5 minutes, today. (The following Members (at the re- I am an incurable optimist, and I Mr. MFUME, for 5 minutes, today. quest of Mr. GUTKNECHT) and to include thought if we could ever get this item Mr. BECERRA, for 5 minutes, today. extraneous matter:) up for a vote, the pressure of the Amer- Mr. OWENS, for 5 minutes, today. Ms. FURSE. ican people alone would cause us to Mrs. MALONEY, for 5 minutes, today. Mr. FILNER. vote for it. Mr. DEFAZIO, for 5 minutes, today. Mr. KLECZKA. Mr. POSHARD, for 5 minutes, today. This is only round one in what will f probably be a 15-round fight. I am re- Mr. MONTGOMERY, for 5 minutes, minded again when I think of the peo- today. b 2230 ple of the immortal poem of Carl Sand- (The following Members (at the re- burg. He wrote the poem ‘‘The People, quest of Mr. HAYWORTH) to revise and ADJOURNMENT extend their remarks and include ex- Yes.’’ He said ‘‘The people will live on. Mr. GRAHAM. Madam Speaker, I traneous material:) The learning and blundering people move that the House do now adjourn. Mr. FORBES, for 5 minutes, today. will live on. They will be tricked and The motion was agreed to; accord- sold, and again sold, and return to the Mr. NORWOOD, for 5 minutes, on March 30. ingly (at 10 o’clock and 31 minutes nourishing earth for root holds. The p.m.), the House adjourned until to- people, so amazing in their resiliency, Mr. BEREUTER, for 5 minutes, on March 30. morrow, Thursday, March 30, 1995, at 10 you can’t laugh off their capacity to a.m. take it.’’ Mr. KIM, for 5 minutes, today. Well, the people have been tricked Mr. RIGGS, for 5 minutes each day, on f and the people have been sold, and the today and March 30. people will be tricked and sold again, Mr. LONGLEY, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, but sooner or later, the people will pre- (The following Member (at his own ETC. vail. The people of this country will request) to revise and extend his re- Under clause 2 of rule XXIV, execu- stand loudly and strongly on the next marks and include extraneous mate- tive communications were taken from election and they will say ‘‘We want rial:) the Speaker’s table and referred as fol- people to go to Washington who will Mr. WISE, for 5 minutes, today. lows: vote for term limits.’’ (The following Member (at his own 636. A letter from the General Counsel, De- I believe and I predict that if we request) to revise and extend his re- partment of Defense, transmitting a draft of don’t pass term limits yet in this ses- marks and include extraneous mate- proposed legislation entitled, ‘‘National De- sion of the Congress, they will be rial:) fense Technology and Industrial Base, De- passed in the 105th Congress, because I Mr. FOX of Pennsylvania, for 5 min- fense Reinvestment, and Defense Conver- sion’’; to the Committee on National Secu- believe the Speaker was correct. It was utes, today. (The following Member (at his own rity. not a hollow threat. I think he was 637. A letter from the Comptroller of the only stating fact, that sooner or later request) to revise and extend his re- marks and include extraneous mate- Currency, transmitting the annual report on the will of the people will prevail. As enforcement actions taken by the Office of rial:) Sandburg said, ‘‘The People, Yes.’’ the Comptroller of the Currency during the Mr. GRAHAM, for 5 minutes, today. 12-month period ending December 31, 1994, f (The following Member (at his own pursuant to 12 U.S.C. 1833; to the Committee The SPEAKER pro tempore. There request) to revise and extend his re- on Banking and Financial Services. being no designee of the majority lead- marks and include extraneous mate- 638. A letter from the Secretary of Health er, under the Speaker’s announced pol- rial:) and Human Services, transmitting a draft of icy of January 4, 1995, the gentlewoman Mr. GUTKNECHT, for 5 minutes, today. proposed legislation to extend the authoriza- tion of appropriations for programs under from Georgia [Ms. MCKINNEY] is recog- f nized for 60 minutes as the designee of the Native American Programs Act of 1974, EXTENSION OF REMARKS and for other purposes, pursuant to 31 U.S.C. the minority leader. 1110; to the Committee on Economic and [Ms. MCKINNEY addressed the By unanimous consent, permission to Educational Opportunities. House. Her remarks will appear here- revise and extend remarks was granted 639. A letter from the Secretary of Com- after in the Extensions of Remarks.] to: merce, transmitting the Department’s final (The following Members (at the re- spectrum reallocation report, pursuant to f quest of Mr. BECERRA) and to include title VI of the Omnibus Budget Reconcili- The SPEAKER pro tempore. Under a extraneous matter:) ation Act of 1993; to the Committee on Com- merce. previous order of the House, the gen- Mr. NEAL. 640. A letter from the Director, Defense Se- tleman from Vermont [Mr. SANDERS] is Mr. ROMERO-BARCELO´ . recognized for 60 minutes. curity Assistance Agency, transmitting the Ms. RIVERS. Department of the Army’s proposed lease of [Mr. SANDERS addressed the House. Mr. HAMILTON. defense articles to the Netherlands (Trans- His remarks will appear hereafter in Mr. STOKES. mittal No. 16–95), pursuant to 22 U.S.C. the Extensions of Remarks.] Mrs. MEEK of Florida in three in- 2796a(a); to the Committee on International f stances. Relations. 641. A letter from the Assistant Secretary The SPEAKER pro tempore. Under a Mr. GIBBONS. Mr. ENGEL in two instances. for Legislative Affairs, Department of State, previous order of the House, the gen- transmitting a copy of Presidential Deter- Mr. HOYER. tleman from Florida [Mr. mination No. 95–17: Drawdown of Commod- Mr. MONTGOMERY. SCARBOROUGH] is recognized for 60 min- ities and Services from the Inventory and Mr. BERMAN. utes. Resources of the Department of Defense to Ms. LOFGREN. Support Activities of the Palestinian Police [Mr. SCARBOROUGH addressed the Mr. ACKERMAN. Force, pursuant to 22 U.S.C. 2348a; to the House. His remarks will appear here- Mr. KILDEE. Committee on International Relations. after in the Extensions of Remarks.] Mr. SANDERS. 642. A letter from the Director, Defense Se- f Mr. JACOBS. curity Assistance Agency, transmitting a Mr. MANTON. copy of Transmittal No. C–95 which relates SPECIAL ORDERS GRANTED (The following Members (at the re- to enhancements or upgrades from the level of sensitivity of technology or capability de- By unanimous consent, permission to quest of Mr. HAYWORTH) and to include scribed in section 36(b)(1) AECA certification address the House, following the legis- extraneous matter:) 93–22 of June 24, 1993, pursuant to 22 U.S.C. lative program and any special orders Mr. DAVIS. 2776(b)(5); to the Committee on International heretofore entered, was granted to: Mr. GILMAN. Relations. H 3974 CONGRESSIONAL RECORD — HOUSE March 29, 1995 643. A letter from the Assistant Secretary tuaries Act of 1972 to direct the Under Sec- executive branch generally; to the Commit- for Legislative Affairs, Department of State, retary of Commerce for Oceans and Atmos- tee on House Oversight, and in addition to transmitting notification that the Depart- phere to conduct a research program to the Committee on Government Reform and ment has authorized danger pay for DEA em- evaluate technology for depositing certain Oversight, for a period to be subsequently de- ployees assigned to Colombia, Bolivia, Peru, waste on the deep ocean seabed; to the Com- termined by the Speaker, in each case for and Mexico, pursuant to 5 U.S.C. 5928; to the mittee on Science, and in addition to the consideration of such provisions as fall with- Committee on International Relations. Committee on Resources, for a period to be in the jurisdiction of the committee con- 644. A letter from the Federal Housing Fi- subsequently determined by the Speaker, in cerned. nance Board, transmitting the annual report each case for consideration of such provi- By Mr. PAYNE of New Jersey: under the Federal Managers’ Financial In- sions as fall within the jurisdiction of the H.R. 1354. A bill to eliminate the Depart- tegrity Act for fiscal year 1994, pursuant to committee concerned. ment of Agriculture and certain agricultural 31 U.S.C. 3512(c)(3); to the Committee on By Mr. DAVIS (for himself, Ms. NOR- programs, to transfer other agricultural pro- Government Reform and Oversight. TON, Mr. WALSH, Mr. DIXON, Mr. grams to an agribusiness block grant pro- 645. A letter from the Chairman, Thrift De- CLINGER, Mrs. COLLINS of Illinois, Mr. gram and other Federal agencies, and for positor Protection Oversight Board, trans- MCHUGH, Mr. GUTKNECHT, Mr. other purposes; to the Committee on Agri- mitting the annual report on the status of LATOURETTE, Mr. FLANAGAN, Mr. culture, and in addition to the Committee on the Board’s audit and investigative coverage, FATTAH, Miss COLLINS of Michigan, Government Reform and Oversight, for a pe- pursuant to 5 U.S.C. app. 8G(h)(2); to the Mr. WOLF, Mr. MORAN, Mrs. riod to be subsequently determined by the Committee on Government Reform and MORELLA, and Mr. WYNN): Speaker, in each case for consideration of Oversight. H.R. 1345. A bill to eliminate budget defi- such provisions as fall within the jurisdic- 646. A letter from the General Counsel, De- cits and management inefficiencies in the tion of the committee concerned. partment of Commerce, transmitting a draft government of the District of Columbia By Mr. SANDERS: of proposed legislation entitled, the ‘‘Patent through the establishment of the District of H.R. 1355. A bill to amend the National Reexamination Reform Act of 1995’’; to the Columbia Financial Responsibility and Man- Committee on the Judiciary. Labor Relations Act, to establish the Na- agement Assistance Authority, and for other tional Public Employment Relations Com- 647. A letter from the Director, Federal Ju- purposes; to the Committee on Government dicial Center, transmitting the Federal Judi- mission, and to amend title I of the Employ- Reform and Oversight. ment Retirement Income Security Act of cial Center’s annual report for 1994, pursuant By Mr. SPENCE (for himself, Mr. DEL- to 28 U.S.C. 623(b); to the Committee on the 1974 to provide for joint trusteeship of single- LUMS, Mr. BATEMAN, and Mr. TAYLOR employer pension plans; to the Committee Judiciary. of Mississippi) (all by request): 648. A letter from the Director, U.S. Office on Economic and Educational Opportunities. H.R. 1346. A bill to amend the guarantee By Mr. SANDERS (for himself, Mr. of Personnel Management, transmitting fee provisions of the Federal Ship Mortgage HINCHEY, Ms. MCKINNEY, Mr. OPM’s report on actions taken to implement Insurance Program in the Merchant Marine DEFAZIO, and Ms. VELAZQUEZ): the metric system of measurement, pursuant Act, 1936; to the Committee on National Se- H.R. 1356. A bill to amend the Ethics in to Public Law 100–418, section 5164(c) (102 curity. Government Act of 1978 to strengthen finan- Stat. 1452); to the Committee on Science. H.R. 1347. A bill to authorize appropria- cial disclosure requirements, and for other f tions for fiscal year 1996 for certain maritime purposes; to the Committee on Rules, and in programs of the Department of Transpor- addition to the Committee on House Over- REPORTS OF COMMITTEES ON tation, and for other purposes; to the Com- sight, for a period to be subsequently deter- PUBLIC BILLS AND RESOLUTIONS mittee on National Security. mined by the Speaker, in each case for con- H.R. 1348. A bill to amend the Panama Under clause 2 of rule XIII, reports of sideration of such provisions as fall within Canal Act of 1979 to reconstitute the Panama committees were delivered to the Clerk the jurisdiction of the committee concerned. for printing and reference to the proper Canal Commission as a United States Gov- ernment corporation, and for other purposes; By Mr. SANDERS: calendar, as follows: to the Committee on National Security. H.R. 1357. A bill to provide certain em- Mr. ARCHER: Committee of conference. H.R. 1349. A bill to authorize expenditures ployee protection benefits for railroad em- Conference report on H.R. 831. A bill to for fiscal year 1996 for the operation and ployees; to the Committee on Transportation amend the Internal Revenue Code of 1986 to maintenance of the Panama Canal, and for and Infrastructure. permanently extend the deduction for the other purposes; to the Committee on Na- By Mr. TORKILDSEN: health insurance costs of self-employed indi- tional Security. H.R. 1358. A bill to require the Secretary of viduals, to repeal the provision permitting By Mr. SPENCE (for himself, Mr. DEL- Commerce to convey to the Commonwealth nonrecognition of gain on sales and ex- LUMS, and Mr. BATEMAN) (all by re- of Massachusetts the National Marine Fish- changes effectuating policies of the Federal quest): eries Service laboratory located on Emerson Communications Commission, and for other H.R. 1350. A bill to amend the Merchant Avenue in Gloucester, MA; to the Committee purposes (Rept. 104–92). Ordered to be print- Marine Act, 1936 to revitalize the U.S.-flag on Resources. ed. merchant marine, and for other purposes; to By Mr. HOYER (for himself, Mr. HYDE, Mr. QUILLEN: Committee on Rules. House the Committee on National Security. Mr. BERMAN, Mr. SKAGGS, Mr. SEN- Resolution 121. Resolution waiving points of By Ms. DANNER (for herself, Mr. EM- SENBRENNER, Mr. GIBBONS, Mr. WIL- order against the conference report to ac- ERSON, Mr. SKELTON, Mr. TALENT, Mr. SON, Mr. OXLEY, Mr. SABO, Mr. FRANK company the bill (H.R. 831) to amend the In- VOLKMER, and Mr. HANCOCK): of Massachusetts, and Mr. PALLONE): ternal Revenue Code of 1986 to permanently H.R. 1351. A bill to ensure the primary H.J. Res. 81. Joint resolution proposing an extend the deduction for the health insur- principle and priority of the Missouri River amendment to the Constitution of the Unit- ance costs of self-employed individuals, to system focus on the control of water relative ed States repealing the 22d article of amend- repeal the provision permitting nonrecogni- to navigation and flood control, and for ment to the Constitution; to the Committee tion of gain on sales and exchanges effec- other purposes; to the Committee on Trans- on the Judiciary. tuating policies of the Federal Communica- portation and Infrastructure. By Mr. MASCARA: tions Commission, and for other purposes By Mr. DE LA GARZA (for himself, Mr. H.J. Res. 82. Joint resolution proposing an (Rept. 104–93). Referred to the House Cal- ROBERTS, Mr. EMERSON, Mr. CONDIT, amendment to the Constitution of the Unit- endar. Mr. STENHOLM, Mr. BOEHNER, Mrs. ed States relating to the terms of office of Mr. CLINGER: Committee on Government THURMAN, Mr. CANADY, Mr. ROSE, Mr. Senators, Representatives, and the President Reform and Oversight. H.R. 1271. A bill to EWING, Mr. DOOLEY, and Mr. and Vice President; to the Committee on the provide protection for family privacy; with POMEROY): Judiciary. an amendment (Rept. 104–94). Referred to the H.R. 1352. A bill to amend the Federal In- By Mr. LANTOS (for himself, Mr. SOL- Committee of the Whole House on the State secticide, Fungicide, and Rodenticide Act OMON, Mr. TORRICELLI, and Mr. ACK- of the Union. with respect to the minor use of a pesticide; ERMAN): f to the Committee on Agriculture. H. Con. Res. 53. Concurrent resolution ex- By Mr. MINGE (for himself, Mr. DICK- pressing the sense of the Congress regarding PUBLIC BILLS AND RESOLUTIONS EY, Mr. SHAYS, Mr. KLUG, Mr. a private visit by President Lee Teng-hui of Under clause 5 of rule X and clause 4 BARRETT of Wisconsin, Mr. MCHALE, the Republic of China on Taiwan to the Unit- of rule XXII, public bills and resolu- Mr. CASTLE, Mr. DEAL of Georgia, and ed States; to the Committee on Inter- Mrs. WALDHOLTZ): national Relations. tions were introduced and severally re- H.R. 1353. A bill to amend title 5, United By Mr. STEARNS: ferred as follows: States Code, to provide that, for purposes re- H. Res. 120. Resolution expressing the sense By Mr. BURTON of Indiana: lating to retirement, Members of Congress of the House of Representatives regarding H.R. 1344. A bill to amend title II of the and congressional employees shall be treated American citizens held in Iraq; to the Com- Marine Protection, Research, and Sanc- in the same manner as are employees in the mittee on International Relations. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3975

By Mr. GORDON: H.R. 1073: Mrs. LOWEY, Mr. DEFAZIO, Mr. (B) Subsections (a)(1), (b), and (j) of section H. Res. 122. Resolution expressing the sense FROST, Ms. MOLINARI, Mr. TEJEDA, Mr. ABER- 408. of the House of Representatives that the lev- CROMBIE, Ms. RIVERS, Mr. DELLUMS, Mr. FOG- (2) CONFORMING AMENDMENT.—Sections els for higher education financial aid pro- LIETTA, and Mr. EVANS. 219(c)(2) and 408(d)(5) are each amended by grams should not be reduced; to the Commit- H.R. 1074: Ms. LOWEY, Mr. DEFAZIO, Mr. striking ‘‘$2,250’’ and inserting ‘‘$3,500’’. tee on Economic and Educational Opportuni- ABERCROMBIE, Ms. RIVERS, Mr. DELLUMS, Mr. (b) HIGHER INCOME PHASEOUT LIMITS.— ties. FOGLIETTA, and Mr. EVANS. (1) Subparagraph (B) of section 219(g)(3) is By Mr. ROHRABACHER (for himself, H.R. 1085: Mr. DAVIS. amended— Mr. TORRES, Mr. MORAN, Mr. BURTON H.R. 1090: Mr. DEUTSCH. (A) by striking ‘‘$40,000’’ and inserting of Indiana, Mr. PAXON, Mr. CALVERT, H.R. 1103: Mr. RADANOVICH and Mr. HAST- ‘‘$60,000’’, and Mr. WILSON, and Mr. NETHERCUTT): INGS of Florida. (B) by striking ‘‘$25,000’’ and inserting H. Res. 123. Resolution relating to the con- H.R. 1118: Mr. HANCOCK and Mr. KIM. ‘‘$40,000’’. H.R. 1127: Mr. WELLER and Mr. BROWN of flict in Kashmir; to the Committee on Inter- (2) Clause (ii) of section 219(g)(2)(A) is Ohio. national Relations. amended to read as follows: H.R. 1143: Mrs. KELLY and Mr. HUTCHINSON. f ‘‘(ii) $15,000.’’ H.R. 1144: Mrs. KELLY and Mr. HUTCHINSON. (c) INFLATION ADJUSTMENT OF MAXIMUM H.R. 1145: Mrs. KELLY and Mr. HUTCHINSON. PRIVATE BILLS AND IRA DEDUCTION AND INCOME PHASEOUT LIM- RESOLUTIONS H.R. 1150: Ms. NORTON. H.R. 1233: Mr. COLEMAN, Ms. ESHOO, Mr. ITS.—Section 219 is amended by inserting Under clause 1 of rule XXII, FATTAH, Ms. FURSE, Mr. HINCHEY, Mr. LIPIN- after subsection (f) the following new sub- section: Mr. TORKILDSEN introduced a bill (H.R. SKI, Mr. UNDERWOOD, Mr. JEFFERSON, and ‘‘(g) INFLATION ADJUSTMENT OF MAXIMUM 1359) to authorize the Secretary of Transpor- Mrs. MINK of Hawaii. DEDUCTION AND INCOME PHASEOUT LIMITS.— tation to issue a certificate of documenta- H.R. 1256: Mr. ACKERMAN, Mr. SMITH of New tion with appropriate endorsement for em- Jersey, and Mr. PAYNE of New Jersey. ‘‘(1) IN GENERAL.—In the case of any tax- ployment in the coastwise trade for the ves- H.R. 1258: Ms. MCKINNEY, Mr. HASTINGS of able year beginning in a calendar year after sel Triad; which was referred to the Commit- Florida, Mrs. CLAYTON, Ms. JACKSON-LEE, 1995, each applicable dollar amount shall be tee on Transportation and Infrastructure. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. increased by an amount equal to— SCOTT, Mr. OWENS, Ms. WATERS, Mr. LEWIS of ‘‘(A) such dollar amount, multiplied by f Georgia, Mr. TUCKER, and Mr. FROST. ‘‘(B) the cost-of-living adjustment under ADDITIONAL SPONSORS H.R. 1278: Mr. JACOBS, Mr. MEEHAN, Mr. section 1(f)(3) for the calendar year in which DEUTSCH, Mr. ROMERO-BARCELO, Mr. the taxable year begins, determined by sub- Under clause 4 of rule XXII, sponsors UNDERWOOD, Ms. WOOLSEY, Mr. LIPINSKI, and stituting ‘calendar year 1994’ for ‘calendar were added to public bills and resolu- Mr. DEFAZIO. year 1992’ in subparagraph (B) thereof. tions as follows: H.R. 1302: Mr. CLYBURN, Ms. ESHOO, Mr. ‘‘(2) APPLICABLE DOLLAR AMOUNT.—For pur- BOUCHER, Ms. FURSE, Mr. JEFFERSON, and poses of paragraph (1), the term ‘applicable [Omitted from the Record of March 28, 1995] Mrs. MINK of Hawaii. dollar amount’ means— H.R. 849: Mr. PETERSON of Minnesota. H.J. Res. 79: Mr. EWING. ‘‘(A) the $3,000 amount in subsections [Submitted March 29, 1995] H. Con. Res. 5: Mr. LEWIS of Kentucky, Mr. (b)(1)(A), (c)(2), and (c)(3) of this section and LUCAS, and Mr. ENGLISH of Pennsylvania. H.R. 65: Mr. SAXTON. in subsections (a)(1), (b) and (j) of section 408, H. Con. Res. 12: Mr. YOUNG of Alaska. H.R. 95: Mr. HOLDEN. ‘‘(B) the $3,500 amount in subsection (c)(2) H. Con. Res. 23: Mr. DEAL of Georgia, Mr. H.R. 103: Mr. COOLEY, Mr. HILLIARD, and of this section and in section 408(d)(5), LIGHTFOOT, Mr. STUDDS, Mr. WATT of North Mr. PICKETT. ‘‘(C) the $60,000 and $40,000 amounts in sub- Carolina, Mr. ROBERTS, Mr. BOEHLERT, Mr. H.R. 127: Mr. LEWIS of Georgia and Mr. section (g)(3)(B), and TANNER, Mr. TORKILDSEN, Mrs. KELLY. Mr. MARKEY. ‘‘(D) the $15,000 amount in subsection MINGE, Mr. ENGLE, and Mr. SMITH of New H.R. 218: Mr. WELDON of Pennsylvania. Jersey. (g)(2)(A)(ii). H.R. 303: Mr. SAXTON. H. Res. 21: Mr. PETERSON of Minnesota, Mr. ‘‘(3) ROUNDING.—If any amount as adjusted H.R. 311: Mr. LUTHER. MINGE, and Mr. FILNER. under paragraph (1) is not a multiple of $50, H.R. 312: Mr. LUTHER. such amount shall be rounded to the nearest f H.R. 326: Mr. TORKILDSEN. multiple of $50.’’ H.R. 467: Mr. STEARNS. AMENDMENTS (d) EFFECTIVE DATE.—The amendments H.R. 485: Mr. TAYLOR of North Carolina. made by this section shall apply to taxable H.R. 500: Mr. ALLARD, Mr. BLILEY, Mr. COM- Under clause 6 of rule XXIII, pro- years beginning after December 31, 1994. BEST, Mr. CREMEANS, Mr. EVERETT, and Mr. posed amendments were submitted as SOUDER. follows: SEC. 112. IRA FOR NONWORKING SPOUSE WITH H.R. 530: Mrs. LINCOLN, Mr. WELLER, Mr. YOUNG CHILDREN COMPUTED ON H.R. 1215 BASIS OF COMPENSATION OF BOTH BACHUS, and Mr. CHRISTENSEN. OFFERED BY: MR. GOODLING SPOUSES. H.R. 582: Mr. ENGLISH of Pennsylvania. ‘‘(a) IN GENERAL.—Subsection (c) of section H.R. 592: Mr. TAYLOR of North Carolina and AMENDMENT NO. 3: In section 23 of the In- Mr. SHADEGG. ternal Revenue Code of 1986 (relating to fam- 219 (relating to special rules for certain mar- H.R. 731: Mr. FRAZER, Mr. CLYBURN, Mr. ily tax credit), as proposed to be added by ried individuals) is amended by adding at the JEFFERSON, Mr. THOMPSON, Mr. SCOTT, Ms. section 101 of the bill— end thereof the following new paragraph: BROWN of Florida, Mr. DIXON, Mr. MFUME, (1) strike ‘‘$200,000’’ each place it appears ‘‘(3) HIGHER LIMIT FOR SPOUSE WITH YOUNG Ms. NORTON, Mr. BISHOP, Mr. FATTAH, Mrs. and insert ‘‘$95,000’’, CHILDREN.— CLAYTON, Ms. JACKSON-LEE, Mr. TUCKER, Mr. (2) strike ‘‘100 times’’ in subsection (b)(2) of ‘‘(A) IN GENERAL.—In the case of a qualify- FLAKE, Ms. MCKINNEY, Mr. LEWIS of Georgia, such section 23 and insert ‘‘50 times’’, ing spouse, the amount allowable as a deduc- Mr. HILLIARD, Ms. WATERS, Mr. CLAY, Mr. (3) strike subsection (d) of such section 23 tion under paragraph (1) shall not exceed the PAYNE of New Jersey, Mr. WYNN, and Mr. (relating to inflation adjustment), and lesser of— OWENS. (4) redesignate subsection (e) as subsection ‘‘(i) $3,000, or (d). H.R. 797: Mr. MARTINEZ, Mr. UNDERWOOD, ‘‘(ii) the sum of— Mr. FILNER, Mr. FRANK of Massachusetts, H.R. 1215 ‘‘(I) the compensation includible in such Mr. EVANS, and Ms. RIVERS. OFFERED BY: MR. SANDERS individual’s gross income for the taxable H.R. 801: Ms. DELAURO and Mr. OBERSTAR. AMENDMENT NO. 4: Strike sections 103 and year, plus H.R. 804: Mr. CANADY. 104 of the bill and insert after section 102 the ‘‘(II) the compensation includible in the H.R. 820: Mr. SENSENBRENNER, Mr. following new subtitle (and conform the gross income of such individual’s spouse for SCARBOROUGH, Mr. CLYBURN, and Mr. DUN- table of contents accordingly): the taxable year reduced by the amount al- CAN. Subtitle B—Middle Class Flexible Savings lowable as a deduction under subsection (a) H.R. 833: Mr. BEILENSON. to such spouse for such taxable year. SEC. 111. HIGHER MAXIMUM IRA DEDUCTION ‘‘(B) QUALIFYING SPOUSE.—For purposes of H.R. 843: Mr. ENSIGN and Mr. ENGLISH of AND INCOME PHASEOUT LIMITS; IN- Pennsylvania. FLATION ADJUSTMENT OF MAXI- subparagraph (A), the term ‘qualifying H.R. 860: Mr. LINDER. MUM IRA DEDUCTION AND PHASE- spouse’ means any spouse of an individual H.R. 932: Mr. MCHUGH. OUT LIMITS. if— H.R. 940: Mr. TORRES and Mr. ENGEL. (a) HIGHER MAXIMUM IRA DEDUCTION.— ‘‘(i) such individual and spouse file a joint H.R. 941: Mr. HILLIARD, Mr. FATTAH, Mr. (1) IN GENERAL.—The following provisions return for the taxable year, CLEMENT, and Mrs. MINK of Hawaii. of the Internal Revenue Code of 1986 are each ‘‘(ii) such spouse has less than $1,000 of H.R. 967: Mrs. LOWEY and Mr. EVANS. amended by striking ‘‘$2,000’’ and inserting compensation (determined without regard to H.R. 997: Mr. FILNER. ‘‘$3,000’’: section 911) for the taxable year, and H.R. 1024: Mr. BURTON of Indiana. (A) Subsections (b)(1)(A) and (c)(2) of sec- ‘‘(iii) such spouse has a child (as defined in H.R. 1033: Mr. FOX and Mr. SHAYS. tion 219. section 151(c)(3)) who has not attained age 6 H 3976 CONGRESSIONAL RECORD — HOUSE March 29, 1995

as of the close of such taxable year and who (c) PENALTY-FREE DISTRIBUTIONS FOR CER- ‘‘(II) on which construction or reconstruc- is a dependent (as defined in section 152) of TAIN UNEMPLOYED INDIVIDUALS.—Paragraph tion of such a principal residence is com- the taxpayer for such year.’’ (2) of section 72(t) (as amended by the preced- menced. ‘‘(b) EFFECTIVE DATE.—The amendment ing provisions of this section) is amended ‘‘(D) SPECIAL RULE WHERE DELAY IN ACQUISI- made by this section shall apply to taxable further by adding at the end the following TION.—If any distribution from any individ- years beginning after December 31, 1994. new subparagraph: ual retirement plan fails to meet the re- SEC. 113. PENALTY-FREE WITHDRAWALS FROM ‘‘(E) DISTRIBUTIONS TO UNEMPLOYED INDI- quirements of subparagraph (A) solely by CERTAIN PLANS TO PAY EDU- VIDUALS.—A distribution from an individual reason of a delay or cancellation of the pur- CATIONAL EXPENSES, MEDICAL EX- retirement plan to an individual after sepa- chase or construction of the residence, the PENSES, BUSINESS START-UP EX- amount of the distribution may be contrib- PENSES, AND FIRST-TIME HOME- ration from employment, if— BUYER EXPENSES. ‘‘(i) such individual has received unem- uted to an individual retirement plan as pro- vided in section 408(d)(3)(A)(i) (determined by ‘‘(a) EDUCATIONAL EXPENSES AND BUSINESS ployment compensation for 12 consecutive substituting ‘120 days’ for ‘60 days’ in such STARTUP EXPENSES.— weeks under any Federal or State unemploy- (1) IN GENERAL.—Paragraph (2) of section ment compensation law by reason of such section), except that— 72(t) (relating to exceptions to 10-percent ad- separation, and ‘‘(i) section 408(d)(3)(B) shall not be applied ditional tax on early distributions from ‘‘(ii) such distributions are made during to such contribution, and qualified retirement plans) is amended by any taxable year during which such unem- ‘‘(ii) such amount shall not be taken into adding at the end thereof the following new ployment compensation is paid or the suc- account in determining whether section subparagraph: ceeding taxable year.’’ 408(d)(3)(A)(i) applies to any other amount.’’ ‘‘(D) DISTRIBUTIONS FROM CERTAIN PLANS (d) EXPENSES FOR FIRST-TIME HOME- (e) CONFORMING AMENDMENTS.— FOR EDUCATIONAL EXPENSES AND BUSINESS BUYERS.— (1) Section 401(k)(2)(B)(i) is amended by START-UP EXPENSES.— (1) IN GENERAL.—Paragraph (2) of section striking ‘‘or’’ at the end of subclause (III), by ‘‘(i) IN GENERAL.—Distributions to an indi- 72(t) (as amended by the preceding provisions striking ‘‘and’’ at the end of subclause (IV) vidual from an individual retirement plan, or of this section) is amended further by adding and inserting ‘‘or’’, and by inserting after from amounts attributable to employer con- at the end the following new subparagraph: subclause (IV) the following new subclause: tributions made pursuant to elective defer- ‘‘(F) DISTRIBUTIONS FROM INDIVIDUAL RE- ‘‘(V) the date on which distributions for rals described in subparagraph (A) or (C) of TIREMENT PLANS FOR FIRST-TIME HOME- qualified higher education expenses (as de- section 402(g)(3) or section 501(c)(18)(D)(iii) to BUYERS.— fined in section 72(t)(6)) or start-up expenses the extent such distributions do not exceed ‘‘(i) IN GENERAL.—Distributions to an indi- (as defined in section 195(c)) or qualified the sum of— vidual from an individual retirement plan first-time homebuyer distributions (as de- ‘‘(I) the qualified higher education ex- which are qualified first-time homebuyer fined in section 72(t)(7)(A)) are made, and’’. penses (as defined in paragraph (6)) of the distributions (as defined in paragraph (7)). (2) Section 403(b)(11) is amended by strik- taxpayer for the taxable year, and ‘‘(ii) ADJUSTED GROSS INCOME LIMIT.— ing ‘‘or’’ at the end of subparagraph (A), by ‘‘(II) the start-up expenditures (as defined Clause (i) shall apply to distributions from striking the period at the end of subpara- in section 195(c)) of the taxpayer for the tax- an individual retirement plan only if the ad- graph (B) and inserting ‘‘, or’’, and by insert- able year. justed gross income of the distributee for the ing after subparagraph (B) the following new ‘‘(ii) ADJUSTED GROSS INCOME LIMIT.— taxable year in which the distribution occurs subparagraph: Clause (i) shall apply to distributions from does not exceed— ‘‘(C) for the payment of qualified higher an individual retirement plan only if the ad- ‘‘(I) $60,000 in the case of an unmarried in- education expenses (as defined in section justed gross income of the distributee for the dividual, 72(t)(6)), start-up expenses (as defined in sec- taxable year in which the distribution occurs ‘‘(II) $80,000 in the case of a joint return, tion 195(c)), or qualified acquisition costs (as does not exceed— and defined in section 72(t)(7)) with respect to a ‘‘(I) $60,000 in the case of an unmarried in- ‘‘(III) $40,000 in the case of a married indi- principal residence (as so defined) of a first- dividual, vidual filing a separate return.’’ time homebuyer (as so defined).’’ ‘‘(II) $80,000 in the case of a joint return, (2) DEFINITION.—Section 72(t) (as amended (f) EFFECTIVE DATE.—The amendments and by the preceding provisions of this section) is made by this section shall apply to payments ‘‘(III) $40,000 in the case of a married indi- amended further by adding at the end the and distributions after the date of the enact- vidual filing a separate return.’’ following new paragraph: ment of this Act. (2) QUALIFIED HIGHER EDUCATION EXPENSES ‘‘(7) QUALIFIED FIRST-TIME HOMEBUYER DIS- After the title heading for title I of the bill DEFINED.—Section 72(t) is amended by adding TRIBUTIONS.—For purposes of paragraph insert the following (and conform the table at the end thereof the following new para- (2)(F)(i)— of contents accordingly): graph: ‘‘(A) IN GENERAL.—The term ‘qualified Subtitle A—Family Tax Credit; Credit to ‘‘(6) QUALIFIED HIGHER EDUCATION EX- first-time homebuyer distribution’ means Reduce Marriage Penalty PENSES.—For purposes of paragraph (2)(D)— any payment or distribution received by an At the end of title III of the bill insert the ‘‘(A) IN GENERAL.—The term ‘qualified individual to the extent such payment or dis- following new subtitle: higher education expenses’ means tuition, tribution is used by the individual before the fees, books, supplies, and equipment required close of the 60th day after the day on which Subtitle F—Minimum Tax on Foreign and for the enrollment or attendance of— such payment or distribution is received to Foreign-Owned Corporations ‘‘(i) the taxpayer, pay qualified acquisition costs with respect SEC. 361. MINIMUM TAX ON FOREIGN AND FOR- ‘‘(ii) the taxpayer’s spouse, or to a principal residence of a first-time home- EIGN-OWNED CORPORATIONS. ‘‘(iii) a child (as defined in section 151(c)(3)) buyer who is such individual or such individ- (a) IN GENERAL.—Subchapter A of chapter 1 of the taxpayer, ual’s spouse. (relating to determination of tax liability) is at an eligible educational institution (as de- ‘‘(B) QUALIFIED ACQUISITION COSTS.—For amended by adding at the end thereof the fined in section 135(c)(3)). purposes of this paragraph, the term ‘quali- following new part: ‘‘(B) COORDINATION WITH SAVINGS BOND PRO- fied acquisition costs’ means the costs of ac- ‘‘PART VIII—MINIMUM TAX ON CERTAIN VISIONS.—The amount of qualified higher quiring, constructing, or reconstructing a FOREIGN AND FOREIGN-OWNED CORPORATIONS education expenses for any taxable year residence. Such term includes any usual or shall be reduced by any amount excludable reasonable settlement, financing, or other ‘‘Sec. 59B. Minimum tax on certain foreign from gross income under section 135.’’ closing costs. and foreign-owned corpora- (b) CATASTROPHIC ILLNESS EXPENSES.—Sub- ‘‘(C) FIRST-TIME HOMEBUYER; OTHER DEFINI- tions. paragraph (A) of section 72(t)(3) is amended TIONS.—For purposes of this paragraph— ‘‘SEC. 59B. MINIMUM TAX ON CERTAIN FOREIGN to read as follows: ‘‘(i) FIRST-TIME HOMEBUYER.—The term AND FOREIGN-OWNED CORPORA- ‘‘(A) CERTAIN EXCEPTIONS NOT TO APPLY TO ‘first-time homebuyer’ means any individual TIONS. INDIVIDUAL RETIREMENT PLANS.— if such individual (and if married, such indi- ‘‘(a) IMPOSITION OF TAX.—In the case of a ‘‘(i) IN GENERAL.—Except as provided in vidual’s spouse) had no present ownership in- corporation to which this section applies, clause (ii), subparagraphs (A)(v), (B), and (C) terest in a principal residence during the 10- there is hereby imposed (in addition to any of paragraph (2) shall not apply to distribu- year period ending on the date of acquisition other tax imposed by this subtitle) a tax tions from an individual retirement plan. of the principal residence to which this para- equal to the excess (if any) of— ‘‘(ii) DISTRIBUTIONS FOR MEDICAL EXPENSES graph applies. ‘‘(1) 35 percent of the product of— FROM CERTAIN INDIVIDUAL RETIREMENT ‘‘(ii) PRINCIPAL RESIDENCE.—The term ‘‘(A) 9 percent, and PLANS.—Subparagraph (B) of paragraph (2) ‘principal residence’ has the same meaning ‘‘(B) an amount equal to 75 percent of the shall apply to distributions from an individ- as when used in section 1034. gross receipts of the taxpayer from the sale ual retirment plan if the adjusted gross in- ‘(iii) DATE OF ACQUISITION.—The term ‘date or leasing of property manufactured by the come of the distributee for the taxable year of acquisition’ means the date— taxpayer or by any foreign person that is a in which the distribution occurs does not ex- ‘‘(I) on which a binding contract to acquire related party of the taxpayer, over ceed the applicable limitation under para- the principal residence to which subpara- ‘‘(2) the aggregate tax imposed under sec- graph (2)(D).’’ graph (A) applies is entered into, or tions 11, 55, and 1201 for such year. March 29, 1995 CONGRESSIONAL RECORD — HOUSE H 3977

‘‘(b) TAXPAYERS TO WHICH SECTION AP- ‘‘(A) the property was completed in the ‘‘(ii) the percentage set forth in clause (iii) PLIES.—This section shall apply to a corpora- United States, and of such table shall be 33 percent, and tion for the taxable year if— ‘‘(B) more than 50 percent of the basis of ‘‘(iii) clauses (iv) and (v) of such table shall ‘‘(1) such corporation is— the property is attributable to value added not apply.’’ ‘‘(A) a domestic corporation which is 25- within the United States. (4)(A) The section heading for section 48 is percent foreign-owned, or For purposes of the preceding sentence, the amended to read as follows: ‘‘(B) a foreign corporation engaged in a term ‘United States’ includes the Common- ‘‘SEC. 48. OTHER CREDITS.’’ trade or business within the United States, wealth of Puerto Rico and the possessions of and (B) The table of sections for subpart E of the United States. ‘‘(2) the gross receipts from the sale or part IV of subchapter A of chapter 1 is ‘‘(4) SECTION 38 PROPERTY.—For purposes of leasing of property manufactured by the amended by striking the item relating to this subsection, the term ‘section 38 prop- such corporation or by any foreign person section 48 and inserting the following: erty’ means— that is a related party of such corporation ‘‘(A) tangible personal property (other ‘‘Sec. 48. Other credits.’’ are greater than the lesser of— than an air conditioning or heating unit), or ‘‘(A) $2,000,000, or (d) EFFECTIVE DATE.—The amendments ‘‘(B) an amount equal to 10 percent of the ‘‘(B) other tangible property (not including made by this section shall apply to periods total gross receipts of such corporation. a building and its structural components) after December 31, 1994, under rules similar ‘‘(c) DEFINITIONS.—For purposes of this sec- but only if such property— to the rules of section 48(m) of the Internal tion, the term ‘25-percent foreign-owned’, ‘‘(i) is used as an integral part of manufac- Revenue Code of 1986 (as in effect on the day ‘foreign person’, and ‘related party’ have the turing, production, or extraction or of fur- before the date of the enactment of the Reve- respective meanings given such terms by sec- nishing transportation, communications, nue Reconciliation Act of 1990). tion 6038A(c).’’ electrical energy, gas, water, or sewage dis- posal services, or SEC. 362. CREDIT FOR PURCHASES OF DOMESTIC (b) CLERICAL AMENDMENT.—The table of DURABLE GOODS. parts for such subchapter A is amended by ‘‘(ii) constitutes a research facility used in (a) IN GENERAL.—Subpart A of part IV of adding at the end thereof the following new connection with any of the activities re- subchapter A of chapter 1 (relating to non- item: ferred to in clause (i), or refundable personal credits) is amended by ‘‘Part VIII. Minimum tax on certain foreign ‘‘(iii) constitutes a facility used in connec- tion with any of the activities referred to in inserting after section 25B the following new and foreign-owned corpora- section: tions.’’ clause (i) for the bulk storage of fungible commodities (including commodities in a ‘‘SEC. 25C. PURCHASES OF DOMESTIC DURABLE (c) EFFECTIVE DATE.—The amendments liquid or gaseous state), or GOODS. made by this section shall apply to taxable ‘‘(a) GENERAL RULE.—In the case of an indi- years beginning after December 31, 1994. ‘‘(C) elevators and escalators, but only if— ‘‘(i) the construction, reconstruction, or vidual, there shall be allowed as a credit H.R. 1215 erection of the elevator or escalator is com- against the tax imposed by this chapter for OFFERED BY: MR. TRAFICANT pleted by the taxpayer, or the taxable year an amount equal to 7 per- AMENDMENT NO. 5; At the end of title III of ‘‘(ii) the original use of such elevator or es- cent of the aggregate amount paid during the bill insert the following new subtitle calator commences with the taxpayer, or the taxable year for the purchase of domestic (and conform the table of contents accord- ‘‘(D) single purpose agricultural or horti- durable goods. ingly): cultural structures; or ‘‘(b) DOMESTIC DURABLE GOODS.—For pur- Subtitle F—Investment for America ‘‘(E) a storage facility (not including a poses of this section— SEC. 361. REINSTATEMENT OF 10-PERCENT DO- building and its structural components) used ‘‘(1) IN GENERAL.—The term ‘domestic du- MESTIC INVESTMENT TAX CREDIT. in connection with the distribution of petro- rable good’ means any durable good if— (a) ALLOWANCE OF CREDIT.—Section 46 (re- leum or any primary product of petroleum. ‘‘(A) the property was completed in the lating to amount of investment credit) is Such term includes only property to which United States, and amended by striking ‘‘and’’ at the end of section 168 applies without regard to any ‘‘(B) more than 50 percent of the basis of the property is attributable to value added paragraph (2), by striking the period at the useful life and any other property with re- within the United States. end of paragraph (3) and inserting ‘‘, and’’, spect to which depreciation (or amortization ‘‘(2) UNITED STATES.—The term ‘United and by adding at the end thereof the follow- in lieu of depreciation) is allowable and hav- States’ includes the Commonwealth of Puer- ing new paragraph: ing a useful life (determined as of the time to Rico and the possessions of the United ‘‘(4) the domestic investment credit.’’ such property is placed in service) of 3 years States. (b) AMOUNT OF CREDIT.—Section 48 is or more. amended by adding at the end thereof the ‘‘(c) LIMITATION.—The amount of the credit ‘‘(5) COORDINATION WITH OTHER CREDITS.— allowed under subsection (a) for any taxable following new subsection: This subsection shall not apply to any prop- ‘‘(c) DOMESTIC INVESTMENT CREDIT.— year shall not exceed $1,000.’’ erty to which the energy credit or rehabilita- ‘‘(1) IN GENERAL.—For purposes of section (b) CONFORMING AMENDMENT.—The table of tion credit would apply unless the taxpayer 46, the domestic investment credit for any sections for such subpart A is amended by in- elects to waive the application of such cred- taxable year is an amount equal to 10 per- serting after the item relating to section 25B its to such property. cent of the qualified investment for such tax- the following new item: able year. ‘‘(6) CERTAIN PROGRESS EXPENDITURE RULES MADE APPLICABLE.—Rules similar to rules of ‘‘(2) QUALIFIED INVESTMENT.— ‘‘Sec. 25C. Purchases of domestic durable subsection (c)(4) and (d) of section 46 (as in ‘‘(A) IN GENERAL.—For purposes of para- goods.’’ effect on the day before the date of the en- graph (1), the qualified investment for any (c) EFFECTIVE DATE.—The amendments actment of the Revenue Reconciliation Act taxable year is the aggregate of— made by this section shall apply to taxable of 1990) shall apply for purposes of this sub- ‘‘(i) the applicable percentage of the basis years beginning after December 31, 1994. of each new domestic section 38 property section.’’ placed in service by the taxpayer during such (c) TECHNICAL AMENDMENTS.— SEC. 363. CREDIT FOR CERTAIN COSTS IN- taxable year, plus (1) Subparagraph (C) of section 49(a)(1) is CURRED IN PURCHASING AN AMER- ICAN-MADE PASSENGER VEHICLE. ‘‘(ii) the applicable percentage of the cost amended by striking ‘‘and’’ at the end of of each used domestic section 38 property clause (ii), by striking the period at the end (a) IN GENERAL.—Subpart A of part IV of placed in service by the taxpayer during such of clause (iii) and inserting ‘‘, and’’, and by subchapter A of chapter 1 (relating to non- taxable year. adding at the end thereof the following new refundable personal credits) is amended by inserting after section 25C the following new ‘‘(B) APPLICABLE PERCENTAGE.—For pur- clause: poses of subparagraph (A), the applicable ‘‘(iv) the basis of any new domestic section section: percentage for any property shall be deter- 38 property and the cost of any used domes- ‘‘SEC. 25D. CERTAIN COSTS INCURRED IN PUR- mined under paragraphs (2) and (7) of section tic section 38 property.’’ CHASING AN AMERICAN-MADE PAS- 46(c) (as in effect on the day before the date (2) Subparagraph (E) of section 50(a)(2) is SENGER VEHICLE. of the enactment of the Revenue Reconcili- amended by inserting ‘‘or 48(c)(6)’’ before the ‘‘(a) IN GENERAL.—In the case of an individ- ation Act of 1990). period at the end thereof. ual, there shall be allowed as a credit against ‘‘(C) CERTAIN RULES MADE APPLICABLE.— (3) Paragraph (5) of section 50(a) is amend- the tax imposed by this chapter for the tax- The provisions of subsections (b) and (c) of ed by adding at the end thereof the following able year an amount equal to the qualified section 48 (as in effect on the day before the new subparagraph: payments made by the taxpayer during such date of the enactment of the Revenue Rec- ‘‘(D) SPECIAL RULES FOR CERTAIN PROP- year. onciliation Act of 1990) shall apply for pur- ERTY.—In the case of any domestic section 38 ‘‘(b) QUALIFIED PAYMENTS.—For purposes of poses of this paragraph. property which is 3-year property (within the this section, the term ‘qualified payments’ ‘‘(3) DOMESTIC SECTION 38 PROPERTY.—For meaning of section 168(e))— means any payment of— purposes of this subsection, the term ‘domes- ‘‘(i) the percentage set forth in clause (ii) ‘‘(1) any State or local sales tax imposed tic section 38 property’ means any section 38 of the table contained in paragraph (1)(B) on the purchase by the taxpayer of any property if— shall be 66 percent, qualified automobile, and H 3978 CONGRESSIONAL RECORD — HOUSE March 29, 1995

‘‘(2) any interest on any loan which is se- suggests that the product was made in Amer- (d) REGULATIONS.—Not later than 12 cured by a qualified automobile and which ica unless— months after the date of the enactment of was incurred by the taxpayer to purchase (1) the product has been registered with this Act, the Secretary shall promulgate reg- such automobile. the Department of Commerce under sub- ulations establishing procedures under which ‘‘(c) QUALIFIED AUTOMOBILE.—For purposes section (b); and a person shall register a product under this of this section, the term ‘qualified auto- (2) the Secretary of Commerce has deter- section. mobile’ means any automobile (as defined in mined that— (e) DEFINITIONS.—For purposes of this sec- section 4064(b))— (A) 60 percent of the product was manufac- tion: ‘‘(1) which is purchased after December 31, tured in the United States; and (1) LABEL.—The term ‘‘label’’ means any 1994, (B) final assembly of the product took written, printed, or graphic matter on, or at- ‘‘(2) which is domestically produced, place in the United States. tached to, a product or any of its containers ‘‘(3) the original use of which begins with or wrappers. (b) REGISTRY OF AMERICAN-MADE PROD- the taxpayer, and (2) SECRETARY.—The term ‘‘Secretary’’ UCTS.—Not later than 12 months after the ‘‘(4) substantially all of the use of which is means the Secretary of Commerce. Secretary has promulgated regulations re- for personal, nonbusiness purposes. garding the registration of products with the H.R. 1215 For purposes of the preceding sentence, an Department of Commerce under this section, OFFERED BY: MR. TRAFICANT automobile is domestically produced if more a person shall register with the Department AMENDMENT NO. 6: Strike subtitles A and B than 50 percent of the automobile is pro- of Commerce any product on which there is of title III of the bill (other than section 322) duced in the United States and its final as- or will be affixed a label which states or sug- and insert the following (and conform the sembly occurs in the United States. gests that the product was made in America. table of contents accordingly): ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No de- (c) PENALTIES FOR FRAUDULENT USE OF LA- duction or credit shall be allowed under any Subtitle A—Reduction of Tax on Capital BELS.— other provision of this title for any payment Gain If Proceeds Used To Purchase Public (1) CIVIL FINE.—Any person who, with an for which a credit is allowable under this Debt Obligations intent to defraud or mislead, places on a section.’’ SEC. 301. REDUCTION OF TAX ON CAPITAL GAIN product a label which states or suggests that (b) CLERICAL AMENDMENT.—The table of IF PROCEEDS USED TO PURCHASE the product was ‘‘made in America’’ in viola- sections for such subpart A is amended by in- PUBLIC DEBT OBLIGATIONS. serting after the item relating to section 25C tion of this section may be assessed a civil (a) IN GENERAL.—Subsection (h) of section the following new item: penalty by the Secretary of not more than 1 (relating to maximum capital gains rate) is $100,000. The Secretary may issue an order amended to read as follows: ‘‘Sec. 25D. Certain costs incurred in purchas- assessing such civil penalty only after notice ‘‘(h) MAXIMUM CAPITAL GAINS RATE.— ing an American-made pas- and an opportunity for an agency hearing on ‘‘(1) IN GENERAL.—If a taxpayer has a net senger vehicle.’’ the record. The validity of such order may capital gain for any taxable year, then the (c) EFFECTIVE DATE.—The amendments not be reviewed in an action to collect such tax imposed by this section shall not exceed made by this section shall apply to taxable civil penalty. the sum of— years ending after December 31, 1994. (2) INJUNCTIVE RELIEF.—The Secretary may ‘‘(A) a tax computed at the rates and in the SEC. 364. PLACEMENT OF MADE IN AMERICA LA- bring an action to enjoin the violation of, or same manner as if this subsection had not BELS ON PRODUCTS. to compel compliance with, this section, been enacted on the greater of— (a) REQUIREMENTS FOR USE OF LABELS.—No whenever the Secretary believes that such a ‘‘(i) taxable income reduced by the amount product may bear a label which states or violation has occurred or is about to occur. of the net capital gain, or E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, MARCH 29, 1995 No. 58 Senate (Legislative day of Monday, March 27, 1995)

The Senate met at 9:45 a.m., on the RECOGNITION OF THE ACTING Mr. DASCHLE. Mr. President, I will expiration of the recess, and was called MAJORITY LEADER use my leadership time this morning to to order by the President pro tempore The PRESIDING OFFICER (Mr. talk about a couple of issues, if I may. [Mr. THURMOND]. BURNS). The distinguished Senator f from Colorado is recognized. REGULATORY TRANSITION ACT PRAYER SCHEDULE Mr. CAMPBELL. Mr. President, this Mr. DASCHLE. Mr. President, I wish The Chaplain, Dr. Lloyd John Ogilvie morning the leader time has been re- to commend, first of all, Senator NICK- offered the following prayer: served, and there will be a period for LES and Senator REID for their leader- Let us pray: morning business until the hour of ship over the last couple of days. The Holy, Holy, Holy, Lord God almighty. 10:45 a.m., with Senators to speak for legislation that the Senate will be vot- Heaven and Earth are filled with Your up to 5 minutes each with the excep- ing on a little later on is legislation glory. Praise and honor be to You, Lord tion of the following: Senator CAMP- that I believe enjoys broad bipartisan most high. Lord of all creation, re-cre- BELL, 10 minutes, and Senators NICKLES support. It does so because it is mod- ate our hearts to love You above all. and REID, 10 minutes combined. At the erate, because it addresses a serious Ruler of the universe, reign over us. hour of 10:45 a.m. today, the Senate problem, and because it gives us a tool Lord of our Nation, we invite You to will proceed to a 15-minute rollcall with which to work more effectively live in us as our personal Lord. Sov- vote on passage of S. 219, the regu- through the regulatory morass that ereign of history, guide the vital page latory moratorium bill. Immediately has existed now for a long period of in history that will be written today. following the vote on passage of S. 219, time. As we begin this new day, we declare the Senate will begin consideration of I think it is equally clear that the our dependence and interdependence. H.R. 1158, the supplemental disaster as- moratorium is dead. We have driven a We confess with humility that we are sistance bill. Therefore all Senators wooden stake through the heart of the totally dependent on You, dear God. should be aware that votes can be ex- moratorium. It is dead and I say good We could not breathe a breath, think a pected throughout today’s session. riddance. thought, or exercise dynamic leader- f This legislation, were it to come up again out of conference, would suffer ship without Your constant and con- MORNING BUSINESS sistent blessing. We praise You for the the same consequences. I want every- (The remarks of Mr. CAMPBELL per- gifts of intellect, education, and expe- one to understand the great disappoint- taining to the introduction of S. 644 are ment that would be felt on our side rience. All You have done in us has located in today’s RECORD under were the moratorium to come back at been in preparation for what You want ‘‘Statements on Introduced Bills and some later date or in some other form. to do through us now. We are here by Joint Resolutions.’’) We have negotiated and worked in good Your divine appointment. Mr. CAMPBELL. Mr. President, I faith, and I think we, as a result of And we know we could not achieve note the absence of a quorum. that good-faith work over the last cou- the excellence You desire without the The PRESIDING OFFICER. The ple of days, have come up with an al- tireless efforts of others. We thank You clerk will call the roll. ternative to the moratorium, some- for our families and friends, the faith- The legislative clerk proceeded to thing that we expect to be an effective ful and loyal staffs that make it pos- call the roll. tool, something that we strongly sup- sible for the Senators to function so ef- Mr. DASCHLE. Mr. President, I ask port on this side of the aisle. fectively, and for all who make the unanimous consent that the order for We have laid out the adverse con- work of this Senate run smoothly. Help the quorum call be rescinded. sequences of a moratorium. I believe us express our gratitude by singing our The PRESIDING OFFICER. Without that both Republicans and Democrats appreciation for the unsung heroes and objection, it is so ordered. want to ensure that we do not jeopard- heroines who do ordinary tasks with f ize meat safety, that we do not jeop- extraordinary diligence. We praise You ardize children with dangerous toys, for the gift of life and those who make RECOGNITION OF THE MINORITY that we do not jeopardize women with work a joy. In the name of Him who LEADER the loss of good mammography, that taught us the greatness of being serv- The PRESIDING OFFICER. The mi- we do not jeopardize people with the ant leaders. Amen. nority leader is recognized. problems that a moratorium would

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

S 4749 S 4750 CONGRESSIONAL RECORD — SENATE March 29, 1995 have created in our efforts to achieve 12 tons an acre to just over 1 ton an ety have been generated by the CRP clean air and clean water. acre over the last 10 years—a dramatic over the life of the program. So we recognize that a moratorium is reduction in destructive and wasteful So I guess the short summary is, Mr. an extreme measure that, frankly, does erosion. All told, the CRP has gen- President, if you look at endangered not work. It is an extreme measure erated a reduction of soil erosion in my species, if you look at the tree plant- that may have been part of a 100-day State alone of over 22 million tons. ings, if you look at the consequences plan in the House. Nevertheless, I do Nationwide, soil erosion has de- for recreation and tourism—and in my not care whether we take 1,000 days in creased by 19 tons per acre. So the pro- State, something I love personally to the State, it is not something that we gram has had an even greater effect in do, the opportunities for more pheas- can support here. other States than it has had in South ant, goose, and duck hunting—CRP has Let me also commend Senators Dakota. vastly expanded the opportunities to GLENN and LEVIN for their work over Chart 1 shows where the bulk of the do the kinds of things that we go out the last couple of days. They have im- success has been. The red depicts those West to do each and every year. proved the original version of the regu- areas where we have seen significant CRP has also had significant con- latory veto in a very significant way. I soil erosion reduction—the Mountain sequences with regard to reductions in think their efforts have given even States, the southern plains, and the Federal spending. We have saved the greater life and support to the concept northern plains, which includes, of Federal Treasury $16 million in subsidy that Senators REID and NICKLES have course, South Dakota. We have seen payments just in 1 year alone by re- presented to the Senate in the regu- about 126 million tons of soil erosion moving the marginal lands from pro- latory veto. reduction in the Mountain States; 145 duction. We save money in large meas- Let me just say in closing, Mr. Presi- million tons of soil erosion reduction ure because the CRP gives farmers an dent, that this is an example of the in our area of the country; and in the opportunity to do something other moderating influence of the Senate. We southern plains, we have seen the than plant for the program on their have seen extreme measures acted greatest success story of all, 170 mil- highly erodible acres. It is no longer upon in the House over the last couple lion tons in soil erosion reduction. necessary for producers to plant their of months. Those extreme measures are So in every part of the country, we erodible land just to get deficiency not ones that we feel very comfortable have seen a substantial degree of payments, to get disaster payments, or with on this side of Capitol Hill. In- to get whatever other payments the progress in reduction of soil erosion. deed, we had similar reactions to the Federal Government may have. Now, But if you look more carefully at the House proposals on unfunded man- CRP gives them an ecologically and chart you will see that where the dates, congressional coverage, and line- economically sound alternative. greatest potential lies for soil erosion, item veto, and a number of very impor- In South Dakota, nearly 1.5 million where we saw the greatest con- tant pieces of legislation. cropland base acres were enrolled into sequences of soil erosion in the past, Because of the moderating influence the CRP. If commodities had been we have now seen the greatest of the Senate, because of the ability of planted on this land, taxpayers would progress. That really, in one picture Democrats and Republicans to work to- have paid crop subsidy payments on alone, depicts what I consider to be the gether more effectively, we have been these acres, and the figure would have success story of CRP over the last 10 able to take the extreme proposals and been millions of dollars more than put them away, hopefully for good, and years. what it is right now. pass legislation that many of us are Simply looking at the topsoil savings Chart 2 depicts really the anticipated very pleased to support. really does not tell the whole story, result of what would happen if we lost however. Costs to society of impaired f the CRP in the future. The post con- water quality from farmland erosion tract CRP land uses have been the sub- CONSERVATION RESERVE are $208 billion a year. We are substan- ject of a good deal of discussion. What PROGRAM tially preserving and improving water we see here is that all of the green Mr. DASCHLE. Mr. President, this quality through the CRP because it would be what we anticipate going year we are going to be involved in a idles so much highly erodible land. back into production. There would be very significant debate about the Con- The CRP has also had a significant plant to crop, 43 percent; cash rent to servation Reserve Program. From time positive effect on several species that other farmers, 13 percent; annual set- to time, I want to address the Senate were endangered. The prairie chicken asides, 4 percent; and, of course, some on various agricultural-related issues. and the sharp-tailed grouse were would go into the 0/92 program. Perhaps one of the most important of threatened and endangered species. In essence, you have a good percent- all is the Conservation Reserve Pro- Those have come back to flourish as a age of current CRP acreage that would gram. It has touched nearly every facet result of the efforts in CRP. go back into the same kind of produc- of life in rural States, including that of More than 85 percent of the CRP tion activity that we experienced in the distinguished Presiding Officer. It acres have now been planted to grasses. the mid-1980’s, that massive production has reduced soil erosion, it has sub- The CRP also has fostered tree plant- was one of the primary causes of the stantially increased wildlife habitat, it ings on 3,600 square miles. That, Mr. cataclysmic economic situation that has improved water quality, and it has President, is the equivalent of Yosem- rural America experienced in the mid- reduced crop surpluses. ite and Glacier National Parks com- 1980’s. As I look back at the many programs bined. In a sense, with the CRP, we The contracts begin to expire this that Congress has contemplated, con- have actually created the equivalent of year, and over half of the CRP con- sidered, and ultimately enacted in the two new national parks, if you just tracts will expire by 1997. All will ex- last 10 years, I think one would be hard consider the effect in tree plantings pire by the year 2001. Only 63 percent of pressed to find a program that has alone. So the program has created a contract holders now plan to return worked better than the CRP. No pro- substantial new incentive to plant the CRP acres. That is this green that gram has more effectively invested trees and, obviously, when trees are I have mentioned. Only 9 percent would Federal dollars in natural resources planted, it is far less likely that the en- voluntarily keep their land in wildlife than has the CRP. As a consequence of rolled land will come back into produc- habitat or trees. That is something we the program’s tremendous success, it tion in the future. hope to expand dramatically. Obvi- enjoys broad support from agricultural In my State, of course, pheasants are ously, 9 percent is a good start, but we groups, conservation groups, environ- very prominent, and we are very proud have to go a lot further than 9 percent mental groups, and virtually everybody of the fact that we are probably the if, indeed, the CRP will have the last- else in rural America. pheasant capital of the world. We have ing benefits that we all hope it will Mr. President, 2.1 million of the 36.4 attracted 128,000 hunters in 1993 who have. million acres enrolled in the CRP are spent more than $50 million in our The third chart depicts, Mr. Presi- located in my State. In South Dakota, rural communities. More than $13 bil- dent, the effect of the CRP on the ac- the erosion rate on CRP land fell from lion in resource-based benefits to soci- tual farm program itself. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4751 When all CRP contracts expire, Without objection, it is so ordered. The PRESIDING OFFICER. The Sen- wheat and sorghum prices may actu- Mr. REID. Mr. President, if I could, ator from California. ally fall by 36 cents. The effects of CRP with the approval of the Senator from Mrs. BOXER. Mr. President, I want on farm program expenditures and Oklahoma, the Senator from Michigan to congratulate Senators REID and prices are even more impressive in the wishes 2 minutes; the Senator from NICKLES for drafting the alternative to aggregate. This chart depicts the mil- California, 2 minutes; the Senator from the regulatory moratorium bill passed lions of dollars we can save with the Texas, 2 minutes. Is that true? by the House. The truth is almost any- continuation of the CRP. As you can Mr. NICKLES. Yes. thing would be better than the House see, continued enrollment of 50 percent Mr. REID. Could we have that, and bill, but in fact the Nickles-Reid bill is of the CRP acres are depicted in the the remainder of the time will be split a very reasonable response to the prob- purple; 100 percent in the red. For ex- between me and the Senator from lem of unreasonable regulations. ample, if in 1996, 100 percent of the CRP Oklahoma? It is good to see the Senate playing acres are reenrolled, as we hope they Mr. NICKLES. Yes. the role the Founding Fathers intended will be, we could actually save about Mr. LEVIN. Mr. President, the Amer- for it. We have rejected a poorly con- $100 million in farm program expendi- ican people are winning a double vic- ceived and inadequately considered tures. But the real savings come in the tory today here in the Senate. First, House bill and offered instead a reason- outyears. The program could generate we are defeating the regulatory mora- able and workable solution, one that savings in the years 2000 and 2001 of torium. This bill that came over from does not relinquish our responsibility over $1.5 billion a year. As you can the House was a reckless and arbitrary plainly see, a substantial amount of bill. It caught all new regulations in its to public health and safety. savings is generated as a result of the web. Even health and safety regula- Unfortunately, this responsible alter- CRP. tions would have been stymied, which native must be conferenced with the I am very hopeful that people will are important to gaining uniform, draconian House bill. Our Republican understand that CRP generates those high-quality mammograms; new regu- colleagues say they will try to con- savings, in large measure, because the lations that would have protected chil- vince House conferees that the Nickles- program effectively helps manage the dren from unsafe toys; new regulations Reid bill is a better approach, but they supply of many program crops. If we that would have protected the Amer- also say they continue to support the lose this supply management tool, sor- ican people from E. coli bacteria. All of moratorium itself. Let me be very ghum prices would fall 36 cents; barley those would have been caught and sty- clear about this: I oppose a regulatory prices would fall 53 cents; corn prices mied in the House regulatory morato- moratorium, and if the conferees re- would fall 6 cents; and oats prices rium. It was a bad, reckless, arbitrary turn to the Senate with anything like would fall 17 cents. Without the CRP, bill. It is important that the Senate it, I will filibuster it. we would, once again, be forced to con- stop it, and we did stop it. For that, I A moratorium would bring to a dead sider more dramatic efforts to try to think the American people can claim stop scores of sensible rules, including bring balance to commodity prices by victory No. 1. safety standards to protect our chil- increasing farm program benefits and Victory No. 2 is that we are passing dren from food poisoning, our workers outlays. legislative veto or legislative review. It from cancer-causing indoor air pollu- CRP can certainly be improved, Mr. is long overdue that Congress take the tion, and our elderly people from dead- President. We want rental rate reform. responsibility to look at the regula- ly contaminants in tap water. We want expanded economic uses of tions which come out of the regulatory A moratorium is bad for California CRP acreage, including limited haying process and to have a realistic oppor- and bad for the Nation. It would stop and grazing. We want partial field en- tunity to veto those regulations which needed health and safety standards and rollments. We want management to are excessive, which cannot be justified do nothing to address the underlying control noxious weeds. We want com- by the benefits, and which are not car- problems that produce unreasonable, petitive bids for enrollment. We want rying out legislative intent. burdensome, or unnecessary regula- sensible reform. And I think we can For 15 years, I have fought for legis- tions. build a strong, bipartisan consensus in lative veto. When I came here, I intro- Let us look at some of the standards support of continuing the CRP and re- duced and got passed, with Senator that would be stopped by the House forming it to ensure that its benefits Boren and others, legislative veto leg- bill. will grow in the future. islation. Today’s generic legislative I know that there are those who are veto or review legislation is a great SAFER MEAT AND POULTRY PRODUCTS here to resume debate and consider- victory for the American people. It will The moratorium would stop new ation of amendments on the Reid-Nick- put the responsibility here to look at meat and poultry inspection rules pro- les legislation. regulations one on one, not to sweep posed by the USDA. These rules would At this time I yield the floor. all regulations into a net and to sweep help end the threat that has killed Mr. LEVIN addressed the Chair. out the good with the bad, but to force hundreds of Americans in the past few The PRESIDING OFFICER. The Sen- Congress to take responsibility to look years, including Eric Mueller, a 13- ator from Michigan is recognized. at regulations one on one and to veto year-old from Oceanside, CA. Mr. LEVIN. Mr. President, I think those which are excessive or cannot be In late 1993, Eric died from eating a time is now controlled. I wonder if the justified by the benefits. fast-food cheeseburger tainted with the Senator from Nevada will yield me 2 Finally, Mr. President, we must E. coli bacteria. Eric had been his class minutes. make sure that in conference this so- president, on his school’s honor roll, Mr. REID. Mr. President, if I could called moratorium stays dead. It does captain of his soccer team, an assistant say to my friend from Oklahoma, it is not belong on the books, and it is now coach for his little sister’s soccer team, my understanding that there is a Re- up to the Senate not just to win these a member of his school’s surfing team, publican Senator who wishes to speak two victories for the American people a member of the school band, and a for a couple minutes; Senator BOXER today, but to maintain these two vic- member of Oceanside’s all-star Little wishes to speak for a couple minutes; tories as we proceed to conference with League baseball team. and Senator LEVIN for 6 minutes. It is the House. Death by E. coli poisoning is a very my understanding that the majority I congratulate the Senators from painful and tortuous death. Eric’s fa- leader also wishes to speak prior to the Oklahoma and Nevada for this legisla- ther recently testified before the Gov- vote. Is that true? tive review mechanism. It is a very sig- ernmental Affairs Committee to pro- Mr. NICKLES. The Senator is cor- nificant achievement. They are to be test the regulatory moratorium. He rect. congratulated for their efforts. I also told the committee: Mr. President, I ask unanimous con- thank Senator GLENN for the work he As a parent standing by and watching my sent that the vote occur at 10:50 a.m. has put in on this bill. only son go through incredible agony and The PRESIDING OFFICER. Is there I yield the floor. pain before he lost consciousness and died, objection? Mrs. BOXER addressed the Chair. was something I don’t even wish on my worst S 4752 CONGRESSIONAL RECORD — SENATE March 29, 1995 enemy. Immediately before slipping into un- growth, behavioral, or developmental develop lung cancer than those who consciousness, Eric screamed, ‘‘Get my problems. The principal source of lead work in smoke-free environments. Dad!’’ Those were the last words he ever said. exposure is lead-based paint. I should say a word about some of I couldn’t do anything for him. I am haunted Regulations that are set to become daily by this incredible, totally senseless these regulations and the argument tragedy.—Statement of Rainer Mueller be- effective October 28, 1995, require that that the moratorium might not affect fore the Senate Committee on Governmental people be notified about the potential them. As the Senate sponsor of the Affairs, February 22, 1995.) danger associated with lead-based moratorium says, the rules on E. coli Implementation of the USDA’s pro- paints used in homes built prior to and cryptosporidium might come under posed rules to improve meat and poul- 1978. Until the regulations are in place, the ‘‘imminent threat to public health try inspection would help prevent or the kind of tragedy that happened to or safety’’ exemption of his bill. But he reduce the 20,000 illnesses a year and the Sauser’s will happen again and has been asked repeatedly for a defini- 500 deaths a year from E. coli bacteria. again. In fact, after the house that tion of ‘‘imminent threat’’ from the According to the Centers for Disease poisoned the Sauser’s two sons was re- bill’s backers and has yet to respond. Control, foodborne illness from all food possessed, it was sold to another Would the rules on lead contamination sources range from 6.5 million to 81 unsuspecting family with three young or indoor smoke come under the ex- million cases each year, and up to 9,000 children. emption? What about the bay-delta deaths. We cannot afford to impose a According to HUD, approximately 57 water accord that is so important to moratorium that would simply cause million pre-1978 housing units contain my State of California? Because we more needless death and injury from lead-based paint, of which 13.2 million have no definition of imminent threat contaminated meat. contain chipping and peeling lead- it is impossible to say. based paint. EPA has proposed certifi- PROTECTION FROM LEAD CONTAMINATION cation and training standards for lead- SAN FRANCISCO BAY-DELTA ACCORD The moratorium would also leave based paint testing and abatement American children vulnerable to the I believe that the exemption would work. These regulations will ensure ravages of lead poisoning. This is a to- not apply to rules like the one imple- such work will be done in a safe man- tally preventable tragedy that strikes menting the historic bay-delta agree- ner, but would be delayed by a morato- families all across the nation. ment—an agreement that will have rium. In 1990 the Sauser family bought a 67- major repercussions in California and year-old home in Kalamazoo, MI, which DRINKING WATER STANDARDS all across the country. they decided to renovate themselves. Public health in the United States Late last year, California farmers, The Sausers were never informed of the also continues to be threatened by con- bankers, municipalities, and environ- possibility of lead-based paint hazards. taminated drinking water. Under the mentalists all came together to ap- The family refurbished hardwood current Safe Drinking Water Act that prove a plan to provide the certainty floors, repaired cracks in the plaster, is being criticized as overly burden- they need to allocate water in the San and scraped and sanded old paint from some—a law approved by a Republican- Francisco Bay-Delta among competing the windowsills, door frames, and controlled Senate by a vote of 94 to 0 users. The agreement is a direct result walls, unaware that renovation work and signed into law by President Ron- of years of negotiation, and provides a that disturbs lead-based paint can cre- ald Reagan—people all across America blueprint for managing fresh water ate serious lead poisoning hazards. have been getting sick and even dying supplies, minimizing water quality im- from drinking tap water. Six months into the renovations, 21⁄2- pacts on San Francisco Bay, and pro- year-old Jonathan began acting up—he In 1987, 13,000 people became ill in viding the assurances that the finan- was easily excited, easily frustrated, Carrollton, GA, as a result of bacterial cial community needs to support eco- and violent. Soon after Jonathan’s neg- contamination in their drinking water. nomic activities throughout California. ative behavior change, Margaret In 1990, 243 people became ill and 4 died The beneficiaries of the agreement, Sauser became pregnant with their sec- as a result of E. coli bacteria in the memorialized in an EPA rule finalized ond son. Although Cameron was born a drinking water in Cabool, MO. In 1992, in January, are the consumers of food little early, he seemed healthy. Then, 15,000 people were sickened by contami- produced with delta water—45 percent at 11 months, his weight and height, nated drinking water in Jackson, of the Nation’s fruit and vegetable pro- which had been in the 95th percentile County, OR. And in late 1993, over duction—and the 20 million Califor- at his birth, dropped to the 25th per- 400,000 people in Milwaukee became ill nians who rely on the delta for drink- centile. It also became clear that he and 120 died as a result of drinking the ing water. was not progressing in speech or move- water from their taps. Due to the lack of an agreement, no The House regulatory moratorium ment as a healthy baby should. Mean- new investment decisions had been bill would disrupt efforts to establish a while, Jonathan was still throwing made with respect to new canals, major new rule on microbiological contami- himself into walls. construction projects, water alloca- nants in drinking water supplies. The Eventually both boys were diagnosed tion, alternative sources of water sup- new safety standards, produced by a as lead poisoned. The poisoning had ply, canal systems, or reservoir man- team consisting of industry, State, and come from their home’s lead pipes and agement in the bay-delta for the last 20 local government and citizen rep- by the dust created by their home’s years. resentatives would protest against renovation. The lead hazard in the The moratorium could void the cryptosporidium, E. coli, and other home was so severe that no matter how agreement and eliminate the oppor- contaminants. The moratorium would much cleaning, mopping, and washing tunity it offers to maintain the delta the parents did, the boys’ blood lead delay the information collection nec- essary to finalize the standards. as a viable source of drinking and irri- levels continued to climb. gation water. Long-term use of the SECOND-HAND SMOKE The family could not afford to move bay-delta as a viable source of water and eventually had to declare bank- The moratorium would also delay would be threatened because of over- ruptcy in order to get the boys into OSHA’s proposed rule to protect work- use and lack of coordination among the lead-safe housing. At age 2, Cameron ers against second-hand smoke in the millions of users of bay-delta water, es- Sauser has hearing loss and is devel- workplace. According to the American pecially during droughts. Vacating the opmentally delayed. His big brother Lung Association, environmental to- agreement could threaten the State of Jonathan, now age 6, is still hyper- bacco smoke causes an estimated 3,000 California’s credit rating and our econ- active and doctors believe he has atten- lung cancer deaths, 12,000 non-lung omy. tion deficit disorder due to lengthy ex- cancer deaths, and 35,000 to 40,000 posure to lead and possible neuro- deaths from cardiovascular disease TRUTH IN POULTRY LABELING logical damage. each year. The Association also esti- Finally, Mr. President, the morato- Some 1.7 million American children mates that 14 million to 36 million non- rium would stop a very simple rule de- have blood lead levels high enough to smoking adults are exposed to environ- signed to protect consumers against cause reading and learning disabilities, mental tobacco smoke at work. Those fraud every time they go to buy a reduced IQ and attention span, and workers are 34 percent more likely to chicken or turkey at the supermarket. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4753 Current law allows poultry that has from the original bill. I think a regu- going to bring common sense into the been frozen hard as a bowling ball to be latory moratorium is called for. I think process.’’ thawed out and labeled ‘‘fresh’’ for sale it is something that is needed. I am I hope our colleagues will vote for to consumers—consumers who will pay still strongly in support of it. And this today. It will give Members that significantly more for a fresh project. while you might say this is a kiss, it is first measure to say the regulators In January the Agriculture Depart- a kiss from your sister and not your have gone beyond where we wanted ment proposed a commonsense rule to sweetheart. them to go, and we are going to have a restrict the use of the term ‘‘fresh’’ to This is not something that is going say. poultry that has never been kept fro- to dramatically change American Gov- Thank you, Mr. President. I thank zen. In fact, this was actually just a ernment. The Congress is already bur- the Senator from Oklahoma for his reissuance of a rule that was first pro- dened with doing what it is doing. The leadership on this issue. posed at the end of the Reagan admin- idea that we will be able to go through Mr. REID. Mr. President, would the istration and then shelved. The mora- regulations and assess them, I think, is Chair advise the Senator from Nevada torium would add at least another year fairly unrealistic. and the Senator from Oklahoma how to the delays that began in 1988. While There will be one positive result that much time we have? 8 years is far too long for consumers to will come out of it, however. That is, The PRESIDING OFFICER (Mr. wait for basic truth in labeling, the 45- we will be able do zero in on some DEWINE). There are 3 minutes on each day review period contemplated by the items where clearly the Federal Gov- side remaining. Nickles-Reid bill is not unreasonable. ernment is dramatically increasing the Mr. REID. Mr. President, Business Mr. President, like many of the pro- cost of doing business, dramatically Week on the 23d day of January of this visions of the Contract With America, limiting our ability to create jobs, and year, wrote, among other things: the regulatory moratorium may look making decisions through regulations Lately there has been a wave of creative at first glance, but it begins to look that do not make any sense. regulatory reform at both State and Federal pretty ugly upon closer examination. So, this is a marginal improvement. levels, relying on such devices as free com- The moratorium is nothing more than This is a long way from a victory. I petition under price caps and mandated cost a valentine to industry, to polluters, to think the House approach was better. I sharing by competitors. Such reforms are de- the tobacco companies, and others who intend to vote for this because it is an signed to reconcile the contradictory goals would prefer not to live up to the re- improvement on the current procedure. of universal service and increased competi- sponsibilities we all share to our neigh- This is not the end of this debate. tion. bors, our communities, and our Nation. This is the first short step in trying to Mr. President, the reason I mention Our responsibility is to improve the bring rationality to Government regu- this is that we have a magazine such as lives of all the American people, not lations which, today, cost the average Business Week, we have entities such just the bottom line of the corpora- American family $5,000 a year. as the chemical manufacturers saying tions. We must do the hard work to Something has got to be done about regulations are good if they are han- produce real regulatory reform—not these regulations. This is a marginal dled properly. And that is what this walk away by putting a stop to all reg- improvement. This is a long way from substitute deals with. If we handle reg- ulations, reasonable and unreasonable victory. ulations properly, as we will do after alike. I yield the floor. this, this is a giant step forward for the I agree with Senator GLENN that we Mr. NICKLES. Mr. President, I yield American business communities and should simply declare the moratorium the Senator from Texas 2 minutes. the American people, in general. dead. The 45-day review provided in the Mrs. HUTCHISON. Thank you, Mr. I believe, as I have stated on this Reid-Nickles bill will give Congress an- President. I thank the Senator from floor the last 2 days, that there will be other chance to stop the unintended Oklahoma for his leadership on this by the Federal bureaucracy, a more consequences of well-intentioned regu- issue. stringent review of regulations than we lations before they burden the Amer- I was one of the original cosponsors intend to promulgate. Why? Because ican people. If the bill comes back from of the moratorium bill. I would like to we legally have the right to veto those conference in this form, I will give it say to my senior colleague from Texas regulations. my full support. However, if it comes that I agree with everything he said. This, Mr. President, is good. It is an back looking like a moratorium, on be- But I would just add that a kiss from indication that bipartisan work in this half of the people of my State and the your sister is better than no kiss at all. Chamber can produce good legislation. 49 others, I will stand on this floor as I think it is very important that we This final product is the result of not long as it takes to stop it. understand that we are taking a giant only the work of the Senator from Mr. NICKLES. Mr. President, I yield first step toward reining in regulators Oklahoma and this Senator, but also the Senator from Texas 2 minutes. that have gone far beyond congres- the good work done by the Senator Mr. GRAMM. Mr. President, on the sional intent. from Michigan, the Senator from Ohio, day that President Clinton gave the Some people say, ‘‘We really do not the Senator from Alaska, Senator STE- last State of the Union Address during have the right in Congress to assess VENS, and a number of individuals on which he talked about reducing the what regulators do.’’ To them I would both sides of the aisle who have worked regulatory burden, his administration say, ‘‘If we do not have the right, who toward making this more meaningful published over 300 pages of new regula- in the world does?’’ legislation. tions in the Federal Register. In fact, Why are the regulators out there? I indicated yesterday I appreciate the in the first 2 years of the Clinton ad- They are out there implementing con- work of the Senator from Oklahoma. I ministration, the level of regulatory gressional legislation. If Congress does want to reiterate that. The work that burden, as measured by the number of not rein them in and say, ‘‘You are not he has done has been exemplary in pages in the Federal Register, has been doing what we intended for you to do being able to listen to both sides and higher than the first 2 years of any in implementing our laws,’’ who will? then make decisions. We have been President in the history of the United The answer is, no one will. able to work together on this. States. Despite all of the rhetoric to It is our responsibility to rein in reg- This legislation, Mr. President, will the contrary, the Clinton administra- ulators to whom we have authorized go a long way to meeting what the tion is imposing more regulations than implementation of the laws that we American public said they want. That any administration at a comparable pass. The buck stops here. is, they want product without people point in that administration’s term in With this bill today, we are taking taking credit for it. There is no party the history of the United States of the responsibility that we have to the that can take credit for this legisla- America. people of America, to the small busi- tion. It is a product of the Senate of I congratulate our leader here, DON ness people of America. We are saying the United States. We will work very NICKLES, for bringing to a final vote a ‘‘We are going to look at everything hard to make sure that this bill that bill that does make some marginal im- the people we have delegated our au- will pass out of here by a very large provement. But this bill is a far cry thority are doing, and hopefully we are margin is the final product that comes S 4754 CONGRESSIONAL RECORD — SENATE March 29, 1995 out of this Congress and be sent to the We also have the opportunity, I need to reduce paperwork, and repet- President. might tell my colleagues, to review the itive, unnecessary regulations are a Mr. NICKLES. Mr. President, I wish regulations that are not classified as good place to do it, but only so long as to thank my friend and colleague from significant but yet we find are trouble- we do not compromise public health or Nevada, Senator REID, for his leader- some or confusing or do not make safety. ship not only on this amendment but sense. We would have a chance to re- Some regulations are necessary and on several other issues that we have view those, to reject those, to repeal beneficial for the public. In my State had the pleasure of working on in the those. of Washington, we saw first hand how past. So I would just urge my colleagues to dangerous ineffective regulations can Also, Mr. President, I wish to thank take a close look. I will urge my col- be during a deadly outbreak of E. coli Senator BOND and Senator HUTCHISON leagues in the House to look at this contamination in 1993. Tragically, four for their cooperation and leadership, as legislation and to realize that their children died and many more children well as Senator LEVIN and Senator temporary moratorium would have no and adults got sick from eating ham- GLENN for their contributions in mak- effect probably in 60 days because we burger contaminated with this virulent ing this bill a reality. Hopefully, this will pass comprehensive regulatory re- pathogen. In the absence of a single bill will become law. form legislation. clear Federal standard ensuring the Mr. President, during this process I The bill before us today has a chance safety of the food supply, a host of in- have heard a several comments regard- to become law and have a significant sufficient regulations offered poor pro- ing this legislation. Some people are impact for the for years into the fu- tection at best. Subsequent to this epi- still debating the regulatory morato- ture, and therefore, in my opinion, is a demic, USDA proposed reforms of its rium passed by the House. I have heard far superior piece of legislation than meat and poultry inspection system to that it is bad and reckless and if it the original regulatory moratorium bring these inspections into the 21st passed we will have E. coli in meats, legislation. century. USDA’s proposal would re- and we will have cryptosporidium in I urge my colleagues to adopt it. I quire the Nation’s 9,000 slaughter and our water, and people are going to die. think it is a big step in the right direc- inspection plants to adopt preventa- I disagree with that assertion. The tion. I also want to say that we have tive, science-based inspection systems. original regulatory moratorium did had good support from Democrats and A regulatory freeze such as that im- have problems, but frankly it was not Republicans. posed by the House or by S. 219 as that it was too strong but that it had This idea, I might mention, came passed out of committee would have numerous exceptions that could have from a State representative in the prevented USDA from responding to left the bill inadequate. State of Oklahoma, Danny George, who this public health emergency. I want to get the attention of my contacted my staff. I think it is an ex- Moreover, I have concerns that the friend from Texas, Senator GRAMM, be- cellent idea. I am hopeful it will be proposal passed by the House would tie cause I think this is a better bill than agreed upon by a very large margin, the hands of the fisheries management the original regulatory moratorium. that the House would concur, the councils around the country. I com- One of the reasons is because the President would sign it, and we would mend the amendment approved in com- strength of original moratorium has take a giant step toward real regula- mittee by my colleague from Alaska, mischaracterized by saying such things tion reform this year. I thank my col- Senator STEVENS. Without such a pro- as saying E. coli regulations would be leagues. I yield the floor. vision, the recently enacted halibut stopped. That is false, because there Mrs. MURRAY. Mr. President, I rise and sablefish ITQ Program would be are broad exceptions to exempt regula- today to make two points regarding negated. Furthermore, the National tions such as the E. coli regulations. the efforts made in the Senate to craft marine Fisheries Service would not be The bill that passed the House and the meaningful regulatory reform. able to manage the opening or closing bill that passed the Governmental Af- First, let me say I support the efforts of fishing seasons, thereby gutting the fairs Committee had lots of excep- we are making in the Senate to reform oversight authority of a very credible tions—enough exceptions to drive Government regulations and I look for- agency. trucks through. ward to participating in this bipartisan Our deliberation about this morato- We started out with 8 exceptions, and effort to make Government more effec- rium proposal is just the beginning of it ended up 10 or 12, and frankly these tive and meaningful. Everyone has ex- the broader debate about regulatory re- exceptions gave the President complete amples of Government regulations that form. In fact, the alternative proposal discretion to determine any exception have gone too far, become too onerous, offered by Senator REID and Senator that he would want. or have otherwise disrupted peoples’ NICKLES, allowing Congress to veto new Also, I might mention and tell my lives. This is not the goal of the House- regulations, has generated support, friend from Texas that the House bill passed regulatory moratorium pro- having passed the Senate Government was temporary, it would only last until posal, however, which brings me to my Affairs Committee unanimously. I am we passed permanent regulatory re- second point. confident that this body can address form. That is probably going to happen I have serious objections to any the need for regulatory reform without in 60 days. It is a temporary morato- measure that would jeopardize public resorting to a heavy-handed morato- rium. health and safety by suspending Fed- rium, which could threaten the public The bill the Senate is about to adopt eral rules on health, safety, or the en- good. is a permanent moratorium on new sig- vironment. As a legislative body, our I support the Nickles-Reid amend- nificant regulations. If this bill be- job is not to police the rest of Govern- ment and hope that we can reach a comes law, it will still be in effect 3 ment; but it is to enable legislation compromise with the House in con- years from now, 5 years from now. And that sets in motion solutions. It would ference. so Congress will have a chance to re- be irresponsible to paralyze the Gov- Mr. HATFIELD. Mr. President, I view significant regulations. It is a ernment process with a regulatory would like to announce my support for moratorium on significant regulations freeze, or by imposing costly, inflexi- the substitute amendment offered by of 45 days. During this 45-day morato- ble, and bureaucratic procedures. Senator NICKLES and Senator REID and rium, Congress would have the oppor- In yesterday’s debate, my colleagues offer my name as a cosponsor of this tunity to repeal those regulations and brought to the floor reams of paper amendment. This amendment starts reject them if we felt it was necessary. representing regulations recently ap- the Senate down the road toward regu- I think this is a vital improvement to proved by Federal agencies. I was re- latory reform. While I view our action regulatory process. It is not a panacea. minded of the piles of paper that Vice today as an important step, I look for- It is not a cure-all, but this gives Con- President GORE saved through the ward to a more comprehensive regu- gress a chance to carry out its over- streamlining of the National Perform- latory reform bill which is working its sight responsibility in making sure ance Review. It seems we are all work- way through the Senate. that excessive regulations can be ing for the same thing—to make Gov- I would like to take this opportunity stopped. ernment work better for people. We to highlight the fact that the Federal March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4755 Government places burdensome regula- creation of about four GAO reports regarding the whereabouts and status tions on State and local governments every working day of the year, the vast of Mr. Bamaca, Mr. DeVine and others as well. Often times these regulations majority of which will be unnecessary who have disappeared or been murdered tie the hands of these governments in and unread. These reports will cover in Guatemala. I have written letters or their attempt to address the needs of functions already assigned to OIRA and inquiry to the President, the National their citizens. That is why I introduced in some cases duplicate the mission of Security Council, and to the President S. 88, the Local Empowerment and independent peer review provisions in of Guatemala, Ramiro De Leon Carpio, Flexibility Act of 1995, on the first day legislation ordered reported by the expressing my concern with these of this Congress. The need to provide Committee on Governmental Affairs. cases. Last year, I also introduced leg- flexibility to local and State govern- Moreover, we all need to be reminded islation urging the need for greater ments is enormous. While I intended to that serious discussions are underway protection of human rights in Guate- offer S. 88 as an amendment to the leg- to cut the budget of GAO by 25 percent. mala. islation on the floor, I did not want to By its own admission, GAO lacks ex- Throughout these efforts, and specifi- delay passage of this bipartisan bill. pertise in the area of regulatory re- cally on the case of Jennifer Harbury, However, I will continue to offer the view. This would be a new mission for I have been told that every attempt Local Empowerment and Flexibility that agency coming at a time when we was being made to investigate her case, Act as an amendment to legislation need to see how the present core mis- so that she could finally know the fate which comes before the Senate. I will sion of GAO can be preserved on a also work with other Members to push of her husband. Likewise, Congress has smaller budget. pressed time and again to resolve the this legislation forward as I believe it f addresses regulations which are often questions surrounding the killing of overlooked and are as burdensome as WAS CONGRESS IRRESPONSIBLE? Michael DeVine, an American inn- those that this amendment addresses. THE VOTERS HAVE SAID YES keeper who was brutally murdered in Mr. ROTH. Mr. President, I am Guatemala in 1990. Mr. HELMS. Mr. President, before And now it is being reported that a pleased that the Senate is about to contemplating today’s bad news about Guatemalan Army colonel linked to pass legislation establishing an expe- the Federal debt, let’s do that little the deaths of Michael Devine and Jen- dited procedure for congressional con- pop quiz again: How many million dol- nifer Harbury’s husband was, in fact, sideration and, where necessary, dis- lars are in $1 trillion? When you arrive employed by the CIA and twice trained approval of regulations. I believe this at an answer, bear in mind that it was by the United States Army. is the right choice. The original legis- Congress that ran up a debt now ex- According to Thomas Stroock, who lation, which provided for a morato- ceeding $4.8 trillion. rium on regulations, was fraught with To be exact, as of the close of busi- served as United States Ambassador to difficulty. It was legislation which ness Tuesday, March 28, the total Fed- Guatemala from 1989 til 1992, our Em- could not pass this body and which, if eral debt—down to the penny—stood at bassy, having investigated Mr. it did, would probably have been ve- $4,849,995,857,343.69—meaning that DeVine’s murder, came to the conclu- toed. The approach we take today every man, woman, and child in Amer- sion that Col. Julio Roberto Alpirez holds far greater promise for respon- ica now owes $18,410.67 computed on a was behind it. Reportedly, Ambassador sible review of regulations. And I ap- per capita basis. Stroock then told his staff at the Em- plaud the efforts made by Senator Mr. President, again to answer the bassy that they were to have nothing NICKLES, Senator REID, and Senator pop quiz question, How many million more to do with the colonel. Nonethe- GLENN who floor managed and per- in a trillion? There are a million mil- less, reports indicate that the CIA sta- fected this legislation. lion in a trillion; and you can thank tion chief in Guatemala keep Col. However, there was one provision in- the U.S. Congress for the existing Fed- Alpirez on the payroll for nearly 2 serted in the legislation yesterday that eral debt exceeding $4.8 trillion. more years. The reports go on to indi- deserves further scrutiny. That provi- cate that much later the CIA, in 1992, f sion would require the General Ac- paid Alpirez a lump sum of $44,000 for counting Office to provide a report to CIA LINKS TO GUATEMALAN intelligence work done for the Agency, Congress on each and every significant MURDERS nearly 46 times the average yearly in- regulation promulgated by an agency Mrs. MURRAY. Mr. President, I am come in Guatemala. If these reports informing Congress whether the agency are true, it is difficult to understand has performed its job. Among other deeply troubled by new information re- ported in the New York Times and else- how and why the policy carried out by things, GAO’s functions would include the CIA was so clearly at odds with the checking out whether the agency con- where linking the CIA to those respon- policy established years earlier by the sulted with State, local, and tribal gov- sible for the murders of United States U.S. Ambassador. How could the CIA ernments under the unfunded mandates citizen Michael DeVine and Efrain justify providing U.S. taxpayer dollars legislation recently signed into law as Bamaca Velasquez, the Guatemalan to this criminal? And whom did the well as checking on the agency’s com- husband of United States citizen Jen- CIA station chief answer to, if not the pliance with cost-benefit and risk anal- nifer Harbury. At this point, we do not yses requirements under Executive have all the facts necessary to get a U.S. Ambassador? Order 12866 and under legislation the full picture of what occurred, but these The Clinton administration must Committee on Governmental Affairs preliminary reports raise serious ques- continue to push the Guatemalan Gov- last week ordered reported. tions. ernment to prosecute Alpirez and any We are now in conference on the Pa- For most of the last 30 years, system- others who were involved in these mur- perwork Reduction Act of 1995. In nei- atic human rights violations have been ders. And if the reports I have de- ther body was a single vote cast committed with impunity against Gua- scribed here are true, the CIA must be against that legislation. We all agree temalan civilians. The political repres- held accountable for their deeply trou- the Government generates too much sion and deplorable practices of the bling involvement. paperwork. While the central com- Guatemalan military—extrajudicial It is equally of concern to me that plaint concerns burdens on the public, killings, political kidnappings, and Col. Alpirez evidently oversaw the kill- there is also the recognition that Gov- death threats—have taken the lives of ing of Michael DeVine just 6 months ernment imposes needless paperwork at least 100,000 citizens since the early after Alpirez had graduated from an requirements on itself. In fact, Sen- 1980’s. elite course for senior officers at the ators MCCAIN and LEVIN added impor- It is because of Guatemala’s miser- School of the Americas, a U.S. Army tant provisions to the paperwork legis- able human rights record that I have School in Fort Benning, GA. It was the lation that would reduce unnecessary closely followed the cases involving second time that U.S. taxpayers paid reports to Congress. U.S. citizens, including the case of Jen- to train Col. Alpirez, who evidently Now before those provisions even nifer Harbury’s husband and Michael then went on to thank this country by have a chance to get enacted, the Sen- Devine. Over the last 2 years, I have ordering the murder of one of our own ate contradicts itself, mandating the taken several steps to find information citizens. S 4756 CONGRESSIONAL RECORD — SENATE March 29, 1995 It remains unclear how long and for tions on U.N. economic sanctions, it is and what the facilities can do for both what reasons the CIA knew informa- sadly mistaken. Nothing less than the Rhode Island and the Nation. First and tion related to the fate of Jennifer immediate release of Mr. Barloon and foremost, I want to underscore why the Harbury’s husband, and withheld it Mr. Daliberti will be satisfactory. coastal area is clearly an agricultural from those within the administration Finally, I want to take this oppor- concern. who had explicitly sought it. tunity to thank those countries that The coastal area includes the con- Serious questions have been raised are assisting the U.S. Government on tinental shelf, the shore area—includ- about the CIA’s involvement in both of this matter. Poland, in particular, de- ing highly productive estuaries and these cases, and a full accounting is in serves our gratitude for making sure wetlands, and the land areas which order. Congressman TORRICELLI, in that its diplomats have visited the make up the first tier of inshore water- making information related to these Americans in prison and were present sheds. cases public, has said, ‘‘This is the sin- at their trial. I hope other countries This encompasses rich agricultural gle worst example of the intelligence will prove to be as cooperative as we lands, forest resources, and both urban community being beyond civilian con- work to resolve this situation. and rural communities. Coastal lands trol and operating against our national Mr. President, as we all work to gain are among the most productive and the interest.’’ the quick release and safe exit from most heavily populated on the earth. A central United States objective in Iraq for Mr. Barloon and Mr. Daliberti, The primary mission of the Coastal Guatemala is to contribute to an im- our prayers and thoughts are with Institute is to carry out research and proved human rights environment in them and their families. analyze policies to better enable soci- that troubled nation. If the reports of f ety to manage its coastal resources recent days are true, then clearly the wisely. This research and analysis in- CIA has failed to embrace this goal and COASTAL INSTITUTE IS WELL cludes such USDA priorities as agricul- may, in fact, be part of the problem in UNDERWAY tural production, aquaculture produc- Guatemala. Mr. President, Congress Mr. PELL. Mr. President, I rise to tion, rural welfare, watershed manage- and the taxpayers deserve answers to object to any amendment affecting Co- ment, and the maintenance of water all of these questions. operative State Research Service fund- quality. f ing that would rescind funds, already USDA is concerned about nonpoint obligated by the U.S. Department of source pollution from agriculture and THE AMERICAN CITIZENS HELD IN Agriculture, for building educational rural homes—pollution which hurts the IRAQ facilities at the University of Rhode Is- productivity of our coastal estuaries. Mr. GRAMS. Mr. President, I rise to land. The Coastal Institute will investigate share my strong concerns about the USDA already had obligated $6.2 mil- the origins, transport, and fate of these safe and prompt return of two Amer- lion, appropriated in fiscal year 1993, contaminants and will develop im- ican citizens currently being held in an fiscal year 1994, and fiscal year 1995 for proved practices to reduce them. Iraqi prison. the Federal matching share of funds to It also will evaluate policy alter- William Barloon, the brother of one build the University of Rhode Island’s natives for implementation that recog- of my constituents in Minnesota, and Coastal Institute. I have been person- nize the legitimate interests of all David Daliberti unintentionally ally involved in this project since the groups involved, especially the rural strayed into Iraqi territory on March 1980’s, but it will be destroyed if these and farm communities. 13 while seeking to visit friends in the funds are rescinded. USDA also must address manage- demilitarized zone between Kuwait and Both the Senate Agricultural Appro- ment of water resources in complex Iraq. priations Subcommittee and the full coastal areas. The Coastal Institute They were allowed to pass through Appropriations Committee decided not will investigate salt and other loadings two check points, one run by the Unit- to rescind this $6.2 million. These funds of drainage water from irrigated agri- ed Nations and the other by Iraqis, be- represent the authorized, appropriated, culture and subsequent effects on soils, fore they were arrested for not possess- and obligated Federal share of an ongo- rivers, streams, and adjacent wetlands. ing appropriate visas to enter Iraq. ing agricultural education building It also will investigate salt water in- Thus, the very vulnerable position in project. trusion as a result of ground water which these men found themselves was Rhode Island already has completed withdrawals—a worldwide problem. not altogether of their own making. construction of one Coastal Institute The Coastal Institute will follow Following their arrest, Mr. Barloon building and I plan to attend a formal through by evaluating improved man- and Mr. Daliberti were given a rushed groundbreaking for the second building agement practices and mitigating poli- trial with no Americans present and in about 3 weeks. These buildings con- cies. without satisfactory legal counsel. An stitute the State match—totaling The Coastal Institute also will focus Iraqi court sentenced them to 8 years $12.56 million—for a third building to on fish and aquaculture as an area of in prison, a very severe and dispropor- be built with anticipated Federal intensive research. tionate punishment for what was, at matching funds. The Coastal Institute will be working most, simple carelessness and neglect. Mr. President, it strikes me as poor to develop aquaculture first, as a Mr. President, I also rise in strong policy for the Federal Government to source of affordable fish for consumers; support of the amendment offered yes- require Rhode Island to spend $12.56 second, as a way to reduce our annual terday by the gentlemen from Iowa to million to receive a like amount of trade deficit of almost $3 billion in condemn the conviction and sentencing Federal funds only to reneg on the Fed- fisheries products; third, as a potential of Mr. Barloon and Mr. Daliberti. We eral share once the State had spent market for feed products such as must send a loud and clear message to more than enough funds to meet its soymeal; and fourth, as a means to pro- the Iraqi Government: Under no cir- match. vide employment and increase the wel- cumstances should it even attempt to I also want to emphasize that this is fare of our rural communities. link its unjustified detention of the not a project that came in through a Mr. President, I regret to say that, in Americans to other international is- backdoor. The University of Rhode Is- general, the United States is lagging sues. land’s Coastal Institute went through behind other nations in technological The Iraqi Government must be made the most rigorous USDA feasibility re- innovations that will allow the expan- to realize that the longer they hold view, including a peer review, and its sion of aquaculture systems. these two men, the more they will funding has been approved step by step Scientists of the Coastal Institute heighten tensions and damage rela- in the appropriations process for more will continue: first, to develop environ- tions with the United States and the than 5 years. mentally sustainable aquaculture tech- rest of the international community. I would like to tell you just a bit nologies for new species and for If Iraqi hopes to use American citi- about why the USDA approved match- multiproduct aquaculture systems; sec- zens as bargaining chips in negotia- ing funding for the Coastal Institute ond, analyze international trade and March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4757 help U.S. producers capture larger mar- And then, Mr. President, on Decem- been equally adept in producing win- ket shares; and third, evaluate the im- ber 19, 1966, Joe Marm was awarded the ners of Olympic medals as Nobel prizes. pact of U.S. regulatory policies on the Congressional Medal of Honor. California is home to more division 1 industry. Needless to say, Mr. President, all of schools than any other State. So it The facilities which are being built us are proud of Col. Walter Joseph should come as no surprise California by Rhode Island, along with those rec- Marm. And I am personally delighted has sent a team to both the men’s and ommended for Federal financing, are that he and Debbie may shortly move women’s college basketball Final Four. not a duplication of facilities any- to North Carolina. It also should not be a surprise that where. The emphasis of the Coastal In- His present responsibility with the those two teams are the University of stitute is on a multidisciplinary teams Army is in Willow Grove, PA, where he California, Los Angeles, and Stanford to address complex problems in a holis- serves as the Senior Army Adviser for University, my alma mater. tic manner. The facility is designed to the 79th Army Reserve Command. These two teams are not unique take advantage of the information su- Mr. President, in honor of our friend, among Golden State colleges, rather perhighway and long distance inter- Col. Joe Marm, and as a matter of in- they are representative of numerous active communication. terest to all who peruse the CONGRES- schools with great academic and ath- The private sector has been involved SIONAL RECORD, let me now read into letic traditions. In this past year Cali- in the concept and design of compo- the RECORD the text of the Congres- fornia has provided the national cham- nents of the facility, such as the policy sional Medal of Honor awarded to Joe: pions in men’s tennis, men’s water simulation laboratory, and is expected The President of the United States in the polo, women’s volleyball, and men’s to be an active participant in its pro- name of the Congress takes pleasure in pre- golf. California’s universities and col- senting the Medal of Honor to MARM, Wal- leges have produced such sports leg- grams. The Coastal Institute is the ter Joseph, Jr. ends as Jackie Robinson, Bill Walsh, outgrowth of decades of research which Rank and organization: First Lieutenant Matt Biondi, Jackie-Joyner Kersee, has gained international stature. The (then 2d Lt.), U.S. Army, Company A, 1st Marcus Allen, Cheryl Miller, Arthur facilities are a logical next step and Battalion, 7th Cavalry, 1st Cavalry Division Ashe, Bill Russell, Dwight Stones, are in the Nation’s interest. (Airmobile). Place and date: Vicinity of Ia Drang Valley, Republic of Vietnam, 14 No- Rafer Johnson, and Kathy Jordan. f vember 1965. Entered service at: Pittsburgh, The UCLA basketball program is one Pa. Born: 20 November 1941, Washington, Pa. of the finest in the Nation, and is cur- COL. JOSEPH MARM, JR.: TRUE G.O. No.: 7, 15 February 1967. Citation: For rently the No. 1 ranked team. It has PROFILE IN COURAGE conspicuous gallantry and intrepidity at the won more national championships than risk of life above and beyond the call of duty. any other school. More than Kentucky, Mr. HELMS. Mr. President, a little As a platoon leader in the 1st Cavalry Divi- Kansas, North Carolina, or Indiana. more than a month from now, on April sion (Airmobile), 1st Lt. Marm demonstrated Under the leadership of John Wood- 30, 1995, in Willow Grove, PA, a gallant indomitable courage during a combat oper- en, the UCLA men’s basketball team American will formally retire from the ation. His company was moving through the won 10 national titles in 12 years. To Army after nearly 31 years of extraor- valley to relieve a friendly unit surrounded by an enemy force of estimated regimental follow in Wooden’s footsteps has been dinary service to his country. size. 1st Lt. Marm led his platoon through difficult at UCLA. The last time they His name is Walter Joseph Marm, but withering fire until they were finally forced went to the Final Four was 1980, where everyone knows him as Joe. For my to take cover. Realizing that his platoon they lost to Louisville, coached by part, I know and respect him for his could not hold very long, and seeing four Wooden protege Denny Crum. willingness to lay down his life for his enemy soldiers moving into his position, he moved quickly under heavy fire and annihi- Coach Jim Harrick has returned country. Many times, he almost did. them to the Final Four now, for the Joe Marm is a part of the Helms Sen- lated all 4. Then, seeing that his platoon was receiving intense fire from a concealed ma- first time in 15 years. But, maybe what ate family due to his having had the chinegun, he deliberately exposed himself to is more impressive, at least to the Sen- good fortune to be married to the draw its fire. Thus locating its position, he ator from California, is that it is a former Deborah Yelverton of North attempted to destroy it with an antitank team of Californians. Four out of five Carolina who served in our Washington weapon. Although he inflicted casualties, the starting players are from California, office for 9 years. We were sad for us weapon did not silence the enemy fire. Tyus Edney from Long Beach, the sen- but glad for Debbie when she departed Quickly, disregarding the intense fire di- rected on him and his platoon, he charged 30 sational siblings Charles and Ed in 1987 to become the bride of Colonel O’Bannon from Lakewood, and fresh- Marm and move to Pennsylvania to be meters across open ground, and hurled gre- nades into the enemy position, killing some man Toby Bailey from Los Angeles. with him. of the 8 insurgents manning it. Although se- Other Californians on the team are Mr. President, Colonel Marm has verely wounded, when his grenades were ex- J.R. Henderson, Bob Myers, Kris John- earned so many medals and awards pended, armed with only a rifle, he continued son, and Kevin Dempsey. I am proud to that it takes awhile to identify all of the momentum of his assault on the position say that not only is it a California them. I’ll start with the Congressional and killed the remainder of the enemy. 1st school, it is a California team. Lt. Marm’s selfless actions reduced the fire Medal of Honor and then return to it Rounding out the team are Cameron after I have identified some of the oth- on his platoon, broke the enemy assault, and rallied his unit to continue toward the ac- Dollar, George Zidek, Ike Nwanko, ers in the chronological order in which complishment of this mission. 1st Lt. omm’A Givens. The players on this Joe was awarded them: Marm’s gallantry on the battlefield and his team are worthy successors of the The Army Commendation Medal with extraordinary intrepidity at the risk of his greats of a generation ago Alcinder, Oak Leaf Cluster; the National Defense life are in the highest traditions of the U.S. Johnson, Walton, and Hazzard. In fact Service Medal, the Presidential Unit Army and reflect great credit upon himself Marques Johnson’s son, Kris, is a mem- Citation, the Air Medal with two Oak and the Armed Forces of his country. ber of the current team. Leaf Clusters, the Meritorious Service f Stanford women’s basketball Coach Medal with four Oak Leaf Clusters, the Tara VanDerveer is creating a legend Purple Heart, the Bronze Star, the UCLA AND STANFORD IN THE of her own. In the 10 years since she Ranger Tab, the Parachute Badge, the FINAL FOUR took over the Stanford program they Combat Infantryman Badge, the De- Mrs. FEINSTEIN. Mr. President, the have gone to the Final Four four times partment of the Army Staff Officers tradition and success of collegiate ath- and won the national championship Badge, the Cross of Gallantry with letics in California is as deep and rich twice. Palm, the Cross of Gallantry with as our academic excellence. Three dif- Rachel Hemmer and Anita Kaplan Palm Unit Citation, the Republic of ferent California universities have won are the senior low-post players who Vietnam Ground Campaign Unit Cita- the national championship in both lead the way with aggressive defense tion, the Vietnam Campaign Medal, the men’s and women’s basketball in the and consistent offense. Kristin Folkl, a Republic of Vietnam Campaign Unit past 53 years, and over a century of two-sport star who was part of the na- Citation, the Army Service Ribbon and football competition has been played. tional championship Stanford the Vietnam Service Medal. Over the years our universities have volleyball team this fall, got her first S 4758 CONGRESSIONAL RECORD — SENATE March 29, 1995 start of the year this past Saturday, Pryor Shelby Thomas (B) if the Congress passes a joint resolution and she knocked down ‘‘clutch’’ three Reid Simon Thompson of disapproval described under section 104 re- Robb Simpson Thurmond lating to the rule, and the President signs a pointers for her team to advance to Rockefeller Smith Warner veto of such resolution, the earlier date— next weeks game against the No. 1 Roth Snowe Wellstone (i) on which either House of Congress votes ranked women of the University of Santorum Specter Sarbanes Stevens and fails to override the veto of the Presi- Connecticut. Kate Paye paces the team dent; or from the guard position, while Kate So, the bill (S. 219) as amended, was (ii) occurring 30 session days after the date Starbird leads the team in scoring. passed as follows: on which the Congress received the veto and Also contributing to the team effort S. 219 objections of the President; or are Olympia Scott, Jamila Wideman, Be it enacted by the Senate and House of Rep- (C) the date the rule would have otherwise Vanessa Nygaard, Regan Freuen, resentatives of the United States of America in taken effect, if not for this section (unless a Charmin Smith, Bobbie Kelsey, Tara Congress assembled, joint resolution of disapproval under section 104 is enacted). TITLE I—REGULATORY TRANSITION Harrington, Naomi Mulitauaopele, and (4) EFFECTIVE DATE FOR OTHER RULES.—Ex- Heather Owen. Their 30–2 record this SEC. 101. SHORT TITLE. cept for a significant rule, a rule shall take year is a mark of dedication and tal- This title may be cited as the ‘‘Regulatory effect as otherwise provided by law after sub- ent. The trip they make to Minnesota Transition Act of 1995’’. mission to Congress under paragraph (1). to be in the Final Four is a deserved re- SEC. 102. FINDING. (5) FAILURE OF JOINT RESOLUTION OF DIS- ward. The Congress finds that effective steps for APPROVAL.—Notwithstanding the provisions I salute these two teams and all the improving the efficiency and proper manage- of paragraph (3), the effective date of a rule ment of Government operations will be pro- student athletes from California, and shall not be delayed by operation of this title moted if a moratorium on the effectiveness beyond the date on which either House of wish them the best in both competition of certain significant final rules is imposed Congress votes to reject a joint resolution of and scholarship. in order to provide Congress an opportunity disapproval under section 104. f for review. (b) TERMINATION OF DISAPPROVED RULE- SEC. 103. MORATORIUM ON REGULATIONS; CON- MAKING.—A rule shall not take effect (or con- CONCLUSION OF MORNING GRESSIONAL REVIEW. tinue) as a final rule, if the Congress passes BUSINESS (a) REPORTING AND REVIEW OF REGULA- a joint resolution of disapproval described TIONS.— under section 104. The PRESIDING OFFICER. Morning (1) REPORTING TO CONGRESS AND THE COMP- (c) PRESIDENTIAL WAIVER AUTHORITY.— business is closed. TROLLER GENERAL.— (1) PRESIDENTIAL DETERMINATIONS.—Not- f (A) Before a rule can take effect as a final withstanding any other provision of this sec- rule, the Federal agency promulgating such tion (except subject to paragraph (3)), a rule REGULATORY TRANSITION ACT rule shall submit to each House of the Con- that would not take effect by reason of this gress and to the Comptroller General a re- title may take effect, if the President makes The PRESIDING OFFICER. Under port containing— a determination under paragraph (2) and sub- the previous order, the Senate will now (i) a copy of the rule; mits written notice of such determination to resume consideration of S. 219, the (ii) a concise general statement relating to the Congress. Regulatory Transition Act of 1995, the rule; and (2) GROUNDS FOR DETERMINATIONS.—Para- which the clerk will report. (iii) the proposed effective date of the rule. graph (1) applies to a determination made by The legislative clerk read as follows: (B) The Federal agency promulgating the the President by Executive order that the rule shall make available to each House of rule should take effect because such rule is— A bill (S. 219) to ensure economy and effi- Congress and the Comptroller General, upon (A) necessary because of an imminent ciency of Federal Government operations by request— threat to health or safety or other emer- establishing a moratorium on regulatory (i) a complete copy of the cost-benefit gency; rulemaking actions, and for other purposes. analysis of the rule, if any; (B) necessary for the enforcement of crimi- The PRESIDING OFFICER. Under (ii) the agency’s actions relevant to section nal laws; or the previous order, the question now 603, section 604, section 605, section 607, and (C) necessary for national security. occurs on final passage of S. 219, as section 609 of Public Law 96–354; (3) WAIVER NOT TO AFFECT CONGRESSIONAL amended. (iii) the agency’s actions relevant to title DISAPPROVALS.—An exercise by the President The yeas and nays have been ordered II, section 202, section 203, section 204, and of the authority under this subsection shall section 205 of Public Law 104–4; and have no effect on the procedures under sec- and the clerk will call the roll. (iv) any other relevant information or re- tion 104 or the effect of a joint resolution of The legislative clerk called the roll. quirements under any other Act and any rel- disapproval under this section. The PRESIDING OFFICER. Are there evant Executive Orders, such as Executive (d) TREATMENT OF RULES ISSUED AT END OF any other Senators in the Chamber Order 12866. CONGRESS.— who desire to vote? (C) Upon receipt, each House shall provide (1) ADDITIONAL OPPORTUNITY FOR REVIEW.— The result was announced—yeas 100, copies to the Chairman and Ranking Member In addition to the opportunity for review nays 0, as follows: of each committee with jurisdiction. otherwise provided under this title, in the (2) REPORTING BY THE COMPTROLLER GEN- case of any rule that is published in the Fed- [Rollcall Vote No. 117 Leg.] ERAL.— eral Register (as a rule that shall take effect YEAS—100 (A) The Comptroller General shall provide as a final rule) during the period beginning Abraham Dodd Johnston a report on each significant rule to the com- on the date occurring 60 days before the date Akaka Dole Kassebaum mittees of jurisdiction to each House of the the Congress adjourns sine die through the Ashcroft Domenici Kempthorne Congress by the end of 12 calendar days after date on which the succeeding Congress first Baucus Dorgan Kennedy the submission or publication date as pro- convenes, section 104 shall apply to such rule Bennett Exon Kerrey vided in section 104(b)(2). The report of the in the succeeding Congress. Biden Faircloth Kerry Comptroller General shall include an assess- (2) TREATMENT UNDER SECTION 104.— Bingaman Feingold Kohl Bond Feinstein Kyl ment of the agency’s compliance with proce- (A) In applying section 104 for purposes of Boxer Ford Lautenberg dural steps required by subparagraph (B) (i) such additional review, a rule described Bradley Frist Leahy through (iv). under paragraph (1) shall be treated as Breaux Glenn Levin (B) Federal agencies shall cooperate with though— Brown Gorton Lieberman the Comptroller General by providing infor- (i) such rule were published in the Federal Bryan Graham Lott mation relevant to the Comptroller Gen- Register (as a rule that shall take effect as Bumpers Gramm Lugar eral’s report under paragraph (2)(A) of this a final rule) on the 15th session day after the Burns Grams Mack Byrd Grassley McCain section. succeeding Congress first convenes; and Campbell Gregg McConnell (3) EFFECTIVE DATE OF SIGNIFICANT RULES.— (ii) a report on such rule were submitted to Chafee Harkin Mikulski A significant rule relating to a report sub- Congress under subsection (a)(1) on such Coats Hatch Moseley-Braun mitted under paragraph (1) shall take effect date. Cochran Hatfield Moynihan as a final rule, the latest of— (B) Nothing in this paragraph shall be con- Cohen Heflin Murkowski (A) the later of the date occurring 45 days strued to affect the requirement under sub- Conrad Helms Murray after the date on which— section (a)(1) that a report must be submit- Coverdell Hollings Nickles Craig Hutchison Nunn (i) the Congress receives the report submit- ted to Congress before a final rule can take D’Amato Inhofe Packwood ted under paragraph (1); or effect. Daschle Inouye Pell (ii) the rule is published in the Federal (3) ACTUAL EFFECTIVE DATE NOT AF- DeWine Jeffords Pressler Register; FECTED.—A rule described under paragraph March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4759

(1) shall take effect as a final rule as other- (d) FLOOR CONSIDERATION.— enactment of a joint resolution under sec- wise provided by law (including other sub- (1) IN GENERAL.—When the committee to tion 104, that deadline is extended until the sections of this section). which a resolution is referred has reported, date 12 months after the date of the joint (e) TREATMENT OF RULES ISSUED BEFORE or when a committee is discharged (under resolution. Nothing in this subsection shall THIS ACT.— subsection (c)) from further consideration of, be construed to affect a deadline merely by (1) OPPORTUNITY FOR CONGRESSIONAL RE- a resolution described in subsection (a), it is reason of the postponement of a rule’s effec- VIEW.—The provisions of section 104 shall at any time thereafter in order (even though tive date under section 103(a). apply to any significant rule that is pub- a previous motion to the same effect has (b) DEADLINE DEFINED.—The term ‘‘dead- lished in the Federal Register (as a rule that been disagreed to) for a motion to proceed to line’’ means any date certain for fulfilling shall take effect as a final rule) during the the consideration of the resolution, and all any obligation or exercising any authority period beginning on November 20, 1994, points of order against the resolution (and established by or under any Federal statute through the date on which this Act takes ef- against consideration of resolution) are or regulation, or by or under any court order fect. waived. The motion is not subject to amend- implementing any Federal statute or regula- (2) TREATMENT UNDER SECTION 104.—In ap- ment, or to a motion to postpone, or to a tion. plying section 104 for purposes of Congres- motion to proceed to the consideration of sional review, a rule described under para- other business. A motion to reconsider the SEC. 106. DEFINITIONS. graph (1) shall be treated as though— vote by which the motion is agreed to or dis- For purposes of this title— (A) such rule were published in the Federal agreed to shall not be in order. If a motion (1) FEDERAL AGENCY.—The term ‘‘Federal Register (as a rule that shall take effect as to proceed to the consideration of the resolu- agency’’ means any ‘‘agency’’ as that term is a final rule) on the date of the enactment of tion is agreed to, the resolution shall remain defined in section 551(1) of title 5, United this Act; and the unfinished business of the respective States Code (relating to administrative pro- (B) a report on such rule were submitted to House until disposed of. cedure). Congress under subsection (a)(1) on such (2) DEBATE.—Debate on the resolution, and (2) SIGNIFICANT RULE.—The term ‘‘signifi- date. on all debatable motions and appeals in con- cant rule’’— (3) ACTUAL EFFECTIVE DATE NOT AF- nection therewith, shall be limited to not (A) means any final rule that the Adminis- FECTED.—The effectiveness of a rule de- more than 10 hours, which shall be divided trator of the Office of Information and Regu- scribed under paragraph (1) shall be as other- equally between those favoring and those op- latory Affairs within the Office of Manage- wise provided by law, unless the rule is made posing the resolution. A motion further to ment and Budget finds— of no force or effect under section 104. limit debate is in order and not debatable. (i) has an annual effect on the economy of (f) NULLIFICATION OF RULES DISAPPROVED An amendment to, or a motion to postpone, $100,000,000 or more or adversely affects in a BY CONGRESS.—Any rule that takes effect or a motion to proceed to the consideration material way the economy, a sector of the and later is made of no force or effect by the of other business, or a motion to recommit economy, productivity, competition, jobs, enactment of a joint resolution under sec- the resolution is not in order. the environment, public health or safety, or tion 104 shall be treated as though such rule (3) FINAL PASSAGE.—Immediately following State, local, or tribal governments or com- had never taken effect. the conclusion of the debate on a resolution munities; (g) NO INFERENCE TO BE DRAWN WHERE described in subsection (a), and a single (ii) creates a serious inconsistency or oth- RULES NOT DISAPPROVED.—If the Congress quorum call at the conclusion of the debate erwise interferes with an action taken or does not enact a joint resolution of dis- if requested in accordance with the rules of planned by another agency; approval under section 104, no court or agen- the appropriate House, the vote on final pas- (iii) materially alters the budgetary im- cy may infer any intent of the Congress from sage of the resolution shall occur. pact of entitlement, grants, user fees, or loan any action or inaction of the Congress with (4) APPEALS.—Appeals from the decisions programs or the rights and obligations of re- regard to such rule, related statute, or joint of the Chair relating to the application of cipients thereof; or resolution of disapproval. the rules of the Senate or the House of Rep- (iv) raises novel legal or policy issues aris- SEC. 104. CONGRESSIONAL DISAPPROVAL PROCE- resentatives, as the case may be, to the pro- ing out of legal mandates, the President’s DURE. cedure relating to a resolution described in priorities, or the principles set forth in Exec- (a) JOINT RESOLUTION DEFINED.—For pur- subsection (a) shall be decided without de- utive Order 12866. poses of this section, the term ‘‘joint resolu- bate. (B) does not include any agency action tion’’ means only a joint resolution intro- (e) TREATMENT IF OTHER HOUSE HAS that establishes, modifies, opens, closes, or duced during the period beginning on the ACTED.—If, before the passage by one House conducts a regulatory program for a com- date on which the report referred to in sec- of a resolution of that House described in mercial, recreational, or subsistence activity tion 103(a) is received by Congress and end- subsection (a), that House receives from the relating to hunting, fishing, or camping. ing 45 days thereafter, the matter after the other House a resolution described in sub- (3) FINAL RULE.—The term ‘‘final rule’’ resolving clause of which is as follows: ‘‘That section (a), then the following procedures means any final rule or interim final rule. As Congress disapproves the rule submitted by shall apply: used in this paragraph, ‘‘rule’’ has the mean- the ll relating to ll, and such rule shall (1) NONREFERRAL.—The resolution of the ing given such term by section 551 of title 5, have no force or effect.’’. (The blank spaces other House shall not be referred to a com- United States Code, except that such term being appropriately filled in.) mittee. does not include any rule of particular appli- (b) REFERRAL.— (2) FINAL PASSAGE.—With respect to a reso- cability including a rule that approves or (1) IN GENERAL.—A resolution described in lution described in subsection (a) of the prescribes for the future rates, wages, prices, paragraph (1) shall be referred to the com- House receiving the resolution— services, or allowances therefor, corporate or mittees in each House of Congress with juris- (A) the procedure in that House shall be financial structures, reorganizations, merg- diction. Such a resolution may not be re- the same as if no resolution had been re- ers, or acquisitions thereof, or accounting ported before the eighth day after its sub- ceived from the other House; but practices or disclosures bearing on any of the mission or publication date. (B) the vote on final passage shall be on foregoing or any rule of agency organization, (2) SUBMISSION DATE.—For purposes of this the resolution of the other House. personnel, procedure, practice or any routine subsection the term ‘‘submission or publica- (f) CONSTITUTIONAL AUTHORITY.—This sec- matter. tion date’’ means the later of the date on tion is enacted by Congress— which— (1) as an exercise of the rulemaking power SEC. 107. JUDICIAL REVIEW. (A) the Congress receives the report sub- of the Senate and House of Representatives, No determination, finding, action, or omis- mitted under section 103(a)(1); or respectively, and as such it is deemed a part sion under this title shall be subject to judi- (B) the rule is published in the Federal of the rules of each House, respectively, but cial review. Register. applicable only with respect to the procedure SEC. 108. APPLICABILITY; SEVERABILITY. (c) DISCHARGE.—If the committee to which to be followed in that House in the case of a (a) APPLICABILITY.—This title shall apply is referred a resolution described in sub- resolution described in subsection (a), and it notwithstanding any other provision of law. section (a) has not reported such resolution supersedes other rules only to the extent (b) SEVERABILITY.—If any provision of this (or an identical resolution) at the end of 20 that it is inconsistent with such rules; and title, or the application of any provision of calendar days after the submission or publi- (2) with full recognition of the constitu- this title to any person or circumstance, is cation date defined under subsection (b)(2), tional right of either House to change the held invalid, the application of such provi- such committee may be discharged from fur- rules (so far as relating to the procedure of sion to other persons or circumstances, and ther consideration of such resolution in the that House) at any time, in the same man- the remainder of this title, shall not be af- Senate upon a petition supported in writing ner, and to the same extent as in the case of fected thereby. by 30 Members of the Senate and in the any other rule of that House. House upon a petition supported in writing SEC. 105. SPECIAL RULE ON STATUTORY, REGU- SEC. 109. EXEMPTION FOR MONETARY POLICY. by one-fourth of the Members duly sworn LATORY AND JUDICIAL DEADLINES. Nothing in this title shall apply to rules and chosen or by motion of the Speaker sup- (a) IN GENERAL.—In the case of any dead- that concern monetary policy proposed or ported by the Minority Leader, and such res- line for, relating to, or involving any rule implemented by the Board of Governors of olution shall be placed on the appropriate which does not take effect (or the effective- the Federal Reserve System or the Federal calendar of the House involved. ness of which is terminated) because of the Open Market Committee. S 4760 CONGRESSIONAL RECORD — SENATE March 29, 1995 SEC. 110. EFFECTIVE DATE. (B) that expired in 1994 and was not re- under subsection (a)(1) not later than 15 days This title shall take effect on the date of placed with a new term grazing permit solely after the date of enactment of this Act. the enactment of this Act and shall apply to because the analysis required by the Na- (2) EXPIRATION AFTER DATE OF ENACT- any rule that takes effect as a final rule on tional Environmental Policy Act of 1969 (42 MENT.—In the case of an expiring term graz- or after such effective date. U.S.C. 4321 et seq.) and other applicable laws ing permit that expires after the date of en- has not been completed. actment of this Act, the Secretary shall TITLE II—TERM GRAZING PERMITS (2) FINAL AGENCY ACTION.—The term ‘‘final issue a new term grazing permit under sub- SEC. 201. FINDINGS AND PURPOSE. agency action’’ means agency action with re- section (a)(1) on expiration of the expiring (a) FINDINGS.—Congress finds that— spect to which all available administrative term grazing permit. (1) the Secretary of Agriculture (referred remedies have been exhausted. (3) WAIVED PERMITS.—In the case of a term to in this title as the ‘‘Secretary’’) admin- (3) TERM GRAZING PERMIT.—The term ‘‘term grazing permit waived to the Secretary pur- isters the 191,000,000-acre National Forest grazing permit means a term grazing permit suant to section 222.3(c)(1)(iv) of title 36, System for multiple uses in accordance with or grazing agreement issued by the Sec- Code of Federal Regulations, between Janu- Federal law; retary under section 402 of the Federal Land ary 1, 1995, and December 31, 1996, the Sec- (2) where suitable, one of the recognized Policy and Management Act of 1976 (43 retary shall issue a new term grazing permit multiple uses for National Forest System U.S.C. 1752), section 19 of the Act entitled under subsection (a)(2) not later than 60 days land is grazing by livestock; ‘‘An Act to facilitate and simplify the work after the date on which the holder waives a (3) the Secretary authorizes grazing of the Forest Service, and for other pur- term grazing permit to the Secretary. through the issuance of term grazing permits poses’’, approved April 24, 1950 (commonly SEC. 204. ADMINISTRATIVE APPEAL AND JUDI- that have terms of not to exceed 10 years and known as the ‘‘Granger-Thye Act’’) (16 U.S.C. CIAL REVIEW. that include terms and conditions necessary 580l), or other law. The issuance of a new term grazing permit for the proper administration of National SEC. 203. ISSUANCE OF NEW TERM GRAZING PER- under section 203(a) shall not be subject to Forest System land and resources; MITS. administrative appeal or judicial review. (4) as of the date of enactment of this Act, (a) IN GENERAL.—Notwithstanding any SEC. 205. REPEAL. the Secretary has issued approximately 9,000 other provision of law, regulation, policy, This title is repealed effective as of Janu- term grazing permits authorizing grazing on court order, or court sanctioned settlement ary 1, 2001. approximately 90,000,000 acres of National agreement, the Secretary shall issue a new TITLE III—GENERAL PROVISION Forest System land; term grazing permit without regard to (5) of the approximately 9,000 term grazing whether the analysis required by the Na- SEC. 301. SENSE OF SENATE REGARDING AMER- permits issued by the Secretary, approxi- tional Environmental Policy Act of 1969 (42 ICAN CITIZENS HELD IN IRAQ. mately one-half have expired or will expire U.S.C. 4321 et seq.) and other applicable laws (a) FINDINGS.—The Senate makes the fol- by the end of 1996; has been completed, or final agency action lowing findings: (6) if the holder of an expiring term grazing respecting the analysis has been taken— (1) On Saturday, March 25, 1995, an Iraqi permit has complied with the terms and con- (1) to the holder of an expiring term graz- court sentenced two Americans, William ditions of the permit and remains eligible ing permit; or Barloon and David Daliberti, to eight years and qualified, that individual is considered (2) to the purchaser of a term grazing per- imprisonment for allegedly entering Iraq to be a preferred applicant for a new term mit holder’s permitted livestock or base without permission. grazing permit in the event that the Sec- property if— (2) The two men were tried, convicted, and retary determines that grazing remains an (A) between January 1, 1995, and December sentenced in what was reported to be a very appropriate use of the affected National For- 1, 1996, the holder has waived the term graz- brief period during that day with no other est System land; ing permit to the Secretary pursuant to sec- Americans present and with their only legal (7) in addition to the approximately 9,000 tion 222.3(c)(1)(iv) of title 36, Code of Federal counsel having been appointed by the Gov- term grazing permits issued by the Sec- Regulations; and ernment of Iraq. retary, it is estimated that as many as 1,600 (B) the purchaser of the term grazing per- (3) The Department of State has stated term grazing permits may be waived by per- mit holder’s permitted livestock or base that the two Americans have committed no mit holders to the Secretary in favor of a property is eligible and qualified to hold a offense justifying imprisonment and has de- purchaser of the permit holder’s permitted term grazing permit. manded that they be released immediately. livestock or base property by the end of 1996; (4) This injustice worsens already strained (b) TERMS AND CONDITIONS.—Except as pro- (8) to issue new term grazing permits, the vided in subsection (c)— relations between the United States and Iraq Secretary must comply with the National (1) a new term grazing permit under sub- and makes resolution of differences with Iraq Environmental Policy Act of 1969 (42 U.S.C. section (a)(1) shall contain the same terms more difficult. 4321 et seq.) and other laws; and conditions as the expired term grazing (b) SENSE OF SENATE.—The Senate strongly (9) for a large percentage of the grazing permit; and condemns the unjustified actions taken by permits that will expire or be waived to the (2) a new term grazing permit under sub- the Government of Iraq against American Secretary by the end of 1996, the Secretary section (a)(2) shall contain the same terms citizens William Barloon and David Daliberti has devised a strategy that will result in and conditions as the waived permit. and urges their immediate release from pris- compliance with the National Environ- on and safe exit from Iraq. Further, the Sen- (c) DURATION.— mental Policy Act of 1969 and other applica- ate urges the President of the United States (1) IN GENERAL.—A new term grazing per- ble laws (including regulations) in a timely mit under subsection (a) shall expire on the to take all appropriate action to assure their and efficient manner and enable the Sec- earlier of— prompt release and safe exit from Iraq. retary to issue new term grazing permits, (A) the date that is 3 years after the date Mr. NICKLES. Mr. President, I move where appropriate; on which it is issued; or to reconsider the vote. (10) for a small percentage of the grazing (B) the date on which final agency action Mrs. HUTCHISON. I move to lay that permits that will expire or be waived to the is taken with respect to the analysis re- Secretary by the end of 1996, the strategy motion on the table. quired by the National Environmental Pol- The motion to lay on the table was will not provide for the timely issuance of icy Act of 1969 (42 U.S.C. 4321 et seq.) and new term grazing permits; and other applicable laws. agreed to. (11) in cases in which ranching operations (2) FINAL ACTION IN LESS THAN 3 YEARS.—If Mr. NICKLES addressed the Chair. involve the use of a term grazing permit is- final agency action is taken with respect to The PRESIDING OFFICER. The Sen- sued by the Secretary, it is essential for new the analysis required by the National Envi- ator from Oklahoma. term grazing permits to be issued in a timely ronmental Policy Act of 1969 (42 U.S.C. 4321 Mr. NICKLES. Mr. President, again I manner for financial and other reasons. et seq.) and other applicable laws before the (b) PURPOSE.—The purpose of this title is wish to thank my colleague, Senator date that is 3 years after the date on which REID, but also I wish to thank Senator to ensure that grazing continues without a new term grazing permit is issued under HUTCHISON and Senator BOND, Senator interruption on National Forest System land subsection (a), the Secretary shall— in a manner that provides long-term protec- (A) cancel the new term grazing permit; LEVIN, and particularly, on Senator tion of the environment and improvement of and LEVIN’s staff, Linda Gustitus, and Sen- National Forest System rangeland resources (B) if appropriate, issue a term grazing per- ator GLENN. while also providing short-term certainty to mit for a term not to exceed 10 years under In addition, I wish to thank several holders of expiring term grazing permits and terms and conditions as are necessary for the of my staff members who have worked purchasers of a permit holder’s permitted proper administration of National Forest livestock or base property. on this for the last couple of months— System rangeland resources. Diane Moery, Mark Whitenton, Les SEC. 202. DEFINITIONS. (d) DATE OF ISSUANCE.— Brorsen, and Bret Bernhardt—for their In this title: (1) EXPIRATION ON OR BEFORE DATE OF EN- (1) EXPIRING TERM GRAZING PERMIT.—The ACTMENT.—In the case of an expiring term tireless efforts. term ‘‘expiring term grazing permit’’ means grazing permit that has expired on or before Mr. President, I think this is a good a term grazing permit— the date of enactment of this Act, the Sec- bill, one that in my opinion is a signifi- (A) that expires in 1995 or 1996; or retary shall issue a new term grazing permit cant improvement over the House, and March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4761 I will be urging our House colleagues to The assistant legislative clerk read side are reductions in the rate of in- adopt the Senate approach. as follows: crease, rather than a true cut. Mr. REID. Mr. President, I wanted to A bill (H.R. 1158) making emergency sup- Let me underscore that. We read in make sure that those people who plemental appropriations for additional dis- the media, see on the television, and worked on this side of the aisle on the aster assistance and making rescissions for we hear from many voices that the last piece of legislation, which I believe the fiscal year ending September 30, 1995, and House or the Senate Appropriations is some of the best work we have done for other purposes. Committee has cut these funds; we are this year in the Senate, have proper The Senate proceeded to consider the putting the poor out in the street; we recognition. bill. are doing all these things because we We spent most of the last 2 days Mr. HATFIELD. Mr. President, I sug- have cut funds, making it appear as working out problems that developed gest the absence of a quorum. though we have excised the account in the legislation. It could not have The PRESIDING OFFICER. The dealing with that particular human been accomplished without my per- clerk will call the roll. need. sonal staff representative, Paul Henry, The assistant legislative clerk pro- We have also undertaken to take the and especially the former chief of staff ceeded to call the roll. unobligated balances which have lan- Mr. HATFIELD. Mr. President, I ask of the Governmental Affairs Commit- guished for years after their initial ap- unanimous consent that the order for tee, Len Weiss, who was instrumental propriation. We call that the pipeline the quorum call be rescinded. in our being able to develop and craft money and we have taken them as re- The PRESIDING OFFICER. Without various amendments, and also the per- scissions. objection, it is so ordered. son who had as much to do as anyone So let us get our nomenclature clari- with our being able to pass this impor- Mr. HATFIELD. Mr. President, the fied that the cuts are reducing the rate tant legislation, Linda Gustitus, who Senate now has under consideration of growth. We are not, in effect, dis- has been with Senator LEVIN since he legislation to provide the Federal locating people or ignoring the needs of has been in the Senate. Her help on Emergency Management Agency with people. this matter was vital. an additional $1.9 billion in fiscal year So what we bring to the Senate I wish to make sure the RECORD re- 1995 and $4.8 billion for fiscal year 1996 flects again that this was a bipartisan for emergency disaster relief and to today, Mr. President, represents the piece of legislation, not only as the make savings in prior year appropria- committee’s considered reevaluation of vote indicates but also as indicated in tions through rescissions and other ac- prior year funding levels, based on a re- newed commitment to thoroughly the statement made by Senator NICK- tions by a total of approximately $13.5 LES and me. The staff was also biparti- billion. scrutinize every spending proposal. san. The supplemental appropriation is This is not to say that scrutiny did Mr. GLENN addressed the Chair. recommended in response to the Presi- not exist before. It did. But we should The PRESIDING OFFICER. The Sen- dent’s request of February 6, 1995. The always be willing to take a second ator from Ohio. President requested a FEMA supple- look, and that is what the Senate is Mr. GLENN. If the Senator will yield, mental of $6.7 billion for disaster relief doing. I just wanted to associate myself with efforts in California and 40 other Some of those unobligated funds we the remarks of the Senator from Ne- States. The House has recommended a found in the pipeline were unobligated vada about the staff members on both reduced amount of $5.3 billion, all in transportation funds from 1982, 13 years sides. On something like this, there are fiscal year 1995 supplementals. Our ago. It was our feeling it was better to a lot of controversial items. I see Sen- Senate committee recommends $1.9 bil- take those unobligated funds out of the ator NICKLES still in the Chamber. The lion for fiscal year 1995, which is the pipeline for our rescissions and, at the staff of the Senator from Oklahoma amount most immediately required, same time, to recognize, as an exam- and all of our staff members—we get and an advance appropriation for fiscal ple, low-income energy assistance for credit for a lot of things done around year 1996 of the balance of the $4.8 bil- people of need in particularly cold here, but the staffs are the ones who lion. The committee makes this rec- weather. put these things together and spend ommendation as a first step in estab- It is not unusual for us to do this the long hours back and forth working lishing a new procedure for the provi- type of thing. Our committee has rec- out all the details. sion of disaster relief. ommended rescissions and the Congress There has not been anything pass As noted in our committee report, has enacted rescissions in every year through the Senate in some time that Mr. President, funds appropriated for for the past 20 years. Rescissions are required more negotiating back and FEMA disaster relief have escalated not an innovation of the Executive. forth, I think, than we did in this legis- sharply in recent years. Between 1990 Since the rescission process entered lation—all done in good faith by staff. and 1994, 195 disasters were declared by and the Budget Act was created—now We trust them. I am glad the Senator the President and nearly $15 billion that is 1974—Congress has enacted into from Nevada chose to honor them. was appropriated in emergency supple- law a grand total of $92,940,296,915 in re- They deserve it. ments for disaster relief. We should not scissions in that period of time, which Mr. LEVIN. Mr. President, if the Sen- abandon Federal disaster assistance for is $20 billion more than we have been ator will yield, let me also thank him people and communities in need, but asked to rescind by Presidents Ford, and Senator NICKLES and their staffs we cannot afford to continue this level Carter, Reagan, Bush, and Clinton. for the work that they put in on this of spending. I want to focus on that again. In the bill and for taking the time, both of Senators BOND and MIKULSKI are parlance of today’s communications, it them, to thank the staffs for the tre- making a good start in the right direc- is the Congress that is the big spend- mendous work that they have done. We tion, and they are to be commended. ers; it is the Congress that has to be thank them for their own work and for They are the chair and the ranking mi- brought under control. And yet, at the recognizing the importance of our nority member of the Subcommittee same time, in this 20-year period, we staffs. on HUD and Independent Agencies, have rescinded $20 billion more than f under which FEMA comes for its fund- these Presidents, five Presidents, have ing. asked for. THE EMERGENCY SUPPLEMENTAL Most of the attention given this Nor is the size of the package we APPROPRIATIONS ACT measure has been directed at the re- bring to the floor today unprecedented. The PRESIDING OFFICER. Under scissions we are recommending. I think In 1981, when I was first honored to be the previous order, the Senate will now there has been a considerable degree of chairman of the Appropriations Com- proceed to the immediate consider- overreaction to our proposals. We are mittee, we brought to the Senate a $15 ation of H.R. 1158, the Emergency Sup- not engaged in a barn-burning exercise. billion rescission package. There may plemental Appropriations Disaster As- In the main, the rescissions and other be others who find this a novel experi- sistance Act. The clerk will report. savings we recommend on the Senate ence, but I do not. S 4762 CONGRESSIONAL RECORD — SENATE March 29, 1995 Mr. President, I think we also have there were a number of concerns ex- the committee substitute proposes re- to recognize that, as noted in our re- pressed about the bill by various mem- scissions totaling $6.8 billion, or $2.5 port, we have amendments to offer bers of the committee on both sides of billion less than the House bill. today to change the committee’s rec- the aisle. For the Military Construction Sub- ommendations. We expect those and we Among those concerns was the need committee, the House bill contains no welcome them. We welcome them up to to find a way to fund disaster assist- rescissions, but the committee sub- a degree, not an unlimited welcome. ance programs, such as the $6.7 billion stitute would rescind $231 million in Some will want to restore funding. appropriation for the Federal Emer- military construction funding. Some will want to cut more. We will gency Management Agency [FEMA] For Transportation, the House bill engage in those debates and invite contained in the committee substitute. recommends rescissions totaling a lit- those amendments. But I hope there In his supplemental request, the Presi- tle over $700 million and the committee will not be an effort to unduly delay dent designated this $6.7 billion FEMA substitute recommends rescissions to- this legislation. supplemental as an emergency appro- taling $1.9 billion, or $1.2 billion more I believe we all share a desire to re- priation under section 251(b)(2)(D)(i) of in cuts than the House bill. duce Federal spending. We know very the Balanced Budget and Emergency Mr. President, these are very dif- significant reductions are coming in Deficit Control Act of 1985. Senators ficult times for the portion of the Fed- fiscal year 1996 and the years beyond, will recall that under the terms of the eral budget that is controllable by the and every dollar we are able to save 1990 budget summit agreement, Presi- Appropriations Committees; namely, today will make tomorrow’s task easi- dents may designate discretionary ap- discretionary spending. As noted on er. It is time we begin, and this is the propriations as emergencies and, if page 3 of the committee report accom- beginning. Congress so designates in statute, such panying S. 617, discretionary spending To honor the request I have made to appropriations are, in effect, not has decreased from 14.4 percent of GDP move this bill along expeditiously, I charged against discretionary spending in fiscal year 1968 to less than 7.7 per- am very happy to say that two Sen- caps in any year. cent of GDP in fiscal year 1995. This ators, who are on the floor, have indi- In this instance, President Clinton fact should be ample evidence to those cated that they will agree to a time exercised his authority to designate who bemoan Federal deficits and the limit; some more and some less. But, the $6.7 billion FEMA request as an resulting massive increase in the na- nevertheless, we are starting out right emergency requirement. The House tional debt that discretionary spend- by trying to get time agreements and chose to appropriate $5.4 billion for ing—other than the Reagan defense not to have open-ended affairs that can FEMA and to designate this amount as buildup—has not caused the deficit in- drag this bill on and on ad infinitum. an emergency. However, the House- creases. The additional $13.5 billion in So I wish to thank the Senators who passed bill also contains rescissions discretionary spending cuts rec- have indicated they would consider a and other reductions totaling $17.4 bil- ommended in this bill are further evi- time agreement. When we get ready for lion in budget authority. These rescis- dence that, as painful as it is to cut those amendments, we hope to have sions are far in excess of what would be Federal spending, the Appropriations that agreement. required to offset the cost of the FEMA Committee has always done its share, Mr. President, at this time, I yield to supplemental. and more than its share. the ranking member of our Committee The Senate Appropriations Commit- Nevertheless, I am certain there will on Appropriations and former chair- tee’s substitute, as set forth in S. 617, be a number of amendments offered to man of the Appropriations Committee, recommends an emergency appropria- this measure which will propose res- Senator BYRD, of West Virginia, for tion of $1.9 billion for FEMA for fiscal toration of funds for many worthwhile any opening statement that he wishes year 1995, together with an additional programs. I shall withhold judgment on to make. $4.8 billion which would become avail- such amendments until I can deter- Mr. BYRD addressed the Chair. able for fiscal year 1996. These funds mine their merits on a case-by-case The PRESIDING OFFICER. The Sen- would become available only after re- basis and to see whether offsets are ator from West Virginia. ceipt of an official budget request for a provided and whether the offsets are Mr. BYRD. Mr. President, I thank specific amount of the $4.8 billion and reasonable that are provided. the distinguished Senator from Oregon only if such amount includes a designa- Mr. President, in closing, I com- [Mr. HATFIELD] the chairman of the tion as an emergency requirement. pliment the chairman, Senator HAT- committee. What we have attempted to do, then, FIELD, for his leadership in bringing Mr. President, the Appropriations is to provide the amount needed by this measure to the Senate expedi- Committee reported this emergency FEMA for fiscal year 1995, namely $1.9 tiously, in order to allow the Senate to supplemental and rescission bill, S. 617, billion, and to establish a disaster re- work its will on the issues that are on Friday, March 24. The motion to re- lief emergency contingency fund into raised in the bill, some of which, I fear, port the bill also included the commit- which $4.8 billion would be deposited will be very troublesome to a number tee’s authorization for the chairman to for use in amounts which Congress and of my colleagues. offer S. 617 as a complete substitute for the President agree to in fiscal year I also thank the members of the the House-passed companion measure, 1996 and beyond. staffs, the dedicated members of our H.R. 1158. This was an unusual, but by I am certain that the distinguished staffs, both in the majority and in the no means unique, action by the com- chairman and ranking member of the minority, for their usual fine coopera- mittee. In order to facilitate compari- VA–HUD Subcommittee, Senators tion and excellent advice and dedicated son of the differences between the com- BOND and MIKULSKI, will talk further effectiveness as they have worked so mittee substitute and H.R. 1158, the on this issue during the debate on the hard to help the chairman and myself committee report on S. 617, a copy of bill. and the members of the committee to which is on each Senator’s desk, con- The committee substitute also con- bring this bill to the floor. tains comparisons between the com- tains rescissions and other spending re- I thank all subcommittee chairmen mittee’s recommendations and the ductions totaling $13.5 billion, or ap- and all ranking members, Mr. Presi- House-passed bill. The report to which proximately $4 billion less in rescis- dent, for a job well done. I thank the I refer is Senate Report 104–17. sions than the House bill. The major chairman. As has been the practice in the past, differences in rescissions between the Mr. HATFIELD addressed the Chair. I, as the ranking minority member, two bills are as follows: The PRESIDING OFFICER. The Sen- joined Chairman HATFIELD during the One, for the Labor-HHS Subcommit- ator from Oregon. markup in urging members of the com- tee, the House bill rescinds a total of Mr. HATFIELD. Mr. President, I mittee to withhold controversial $5.9 billion; the committee substitute want to express my deep appreciation amendments, in order to expedite the recommends $3.05 billion, or $2.85 bil- to the ranking member of the full com- markup of this emergency supple- lion less in rescissions. mittee. As is traditional in our com- mental and rescission bill. That re- For the VA–HUD Subcommittee, the mittee, we have worked in a very bi- quest was largely accommodated, but House bill rescinds $9.3 billion; whereas partisan spirit. It has been with the March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4763 support of the ranking member and tesies that have been afforded me, my Mr. President, though the President members of that side, as well as our staff, and other people on this side of has declared this FEMA supplemental own Republican colleagues, that have the aisle. to be a disaster, under the rules of the made this product possible today. I believe that Senator BOND, in the Senate we do not have to pay for it. It AMENDMENT NO. 420 approach he used, tried to do the best would be off budget. I believe people on Mr. HATFIELD. Mr. President, I send with the deck that was dealt him. But both sides of the aisle agree that it an amendment to the desk and ask for I do not think it was a great deck. We should be paid for, and I agree that it its immediate consideration. essentially feel like we are a couple of should be paid for. I also agree with the The PRESIDING OFFICER. The cards short. principle that my colleague, Senator clerk will report. Mr. President, let me go through the BOND, is doing, which is to essentially The assistant legislative clerk read principles of the bill, and I would like establish a rainy day fund—only I want as follows: to amplify my remarks. to establish this rainy day fund for The Senator from Oregon [Mr. HATFIELD] First, what this amendment does is rainy days, both literally and figu- proposes an amendment numbered 420. replaces title I and it offsets the earth- ratively, prospectively out of this sub- Mr. HATFIELD. Mr. President, I ask quake relief aspects by applying a 1.7- committee. unanimous consent that the reading of percent across-the-board cut to all dis- The reason I say that is the recent the amendment be dispensed with. cretionary spending, except VA medi- disasters like Hurricanes Hugo, An- The PRESIDING OFFICER. Without cal care, nutrition programs, Social drew, Iniki, floods in the Midwest, the objection, it is so ordered. Security, Medicare administrative Northridge earthquake, and the Loma (The text of the amendment is print- costs, and defense readiness. It also, as Prieta earthquake, have proven a com- pelling need to reevaluate Federal dis- ed in today’s RECORD under ‘‘Amend- the second part, requires Congress to ments Submitted.’’) set up a rainy day fund. aster assistance policy. The first cru- Mr. HATFIELD. Mr. President, I sub- Let me explain where we are. The cial step is to establish the rainy day mit this amendment on behalf of the President has declared the need for a fund so that we can respond and meet Committee on Appropriations, pursu- Federal emergency management sup- our responsibilities. ant to a rollcall taken in the commit- plemental to the tune of $6.7 billion to What the Mikulski substitute does is to direct the appropriate authorizing tee. This is a substitute for the House pay for the disasters that the United committees to establish both the bill that we received on this particular States of America has faced—like in mechanism and the source of funding subject. Northridge, CA, and the remaining as- for a rainy day fund before the start of UNANIMOUS-CONSENT AGREEMENT pects of Hurricane Andrew. That is the fiscal year 1996. good news. The bad news is that Con- Mr. HATFIELD. Mr. President, I ask I am offering this substitute because gress is being asked to pay for it out of unanimous consent that on an amend- I have, as I said, two serious concerns one appropriations subcommittee, the ment to be offered by Senator MIKUL- with the bill reported to us: The bad subcommittee called VA, HUD, and SKI, the ranking member, and Senator precedent set by requiring that disas- Independent Agencies. These are 25 dif- BOND, the chairman of the Subcommit- ter assistance be offset by cuts in ferent agencies. tee on VA, HUD, and Independent spending in other areas. Second, the Agencies, that there be 2 hours equally So essentially, one subcommittee dangerous precedent by taking all of divided. within the U.S. Senate becomes the these offsets or sources of funds from The PRESIDING OFFICER. Is there bank to fund disaster relief, and it is one subcommittee, VA, HUD, Appro- objection? Without objection, it is so being done out of the rescission bill, priations Committee. VA, HUD is 25 ordered. when we do not have the money unless different agencies. It funds all of veter- Mr. HATFIELD. I yield the floor. we take it from those programs that ans, all of housing, all of EPA, admin- Ms. MIKULSKI addressed the Chair. have already been appropriated. istrative expenses of FEMA, National The PRESIDING OFFICER. The Sen- I disagree with the President in tak- Science Foundation, and even agencies ator from Maryland. ing and funding emergency disaster re- like Arlington Cemetery. AMENDMENT NO. 421 TO AMENDMENT NO. 420 lief out of one subcommittee. That is I believe that we should not be the (Purpose: To propose a substitute for title I) the reason I am offering my substitute. bankroll. I am also concerned that it Ms. MIKULSKI. Mr. President, I send I believe that natural disasters, which would come out of primarily HUD and an amendment in the nature of a sub- are acts of nature, should be funded EPA, National Service, and VA medical stitute to the desk and ask for its im- and all the Government should bear care. mediate consideration. the burden and not just a few pro- Mr. President, I am all for reducing The PRESIDING OFFICER. The grams. the deficit, but what we must under- clerk will report. Therefore, what my substitute does stand is that requiring offsets in dis- The assistant legislative clerk read is replace the rescission contained in cretionary spending to cover the cost as follows: the bill with an across-the-board cut of of disaster assistance represents a fun- The Senator from Maryland [Ms. MIKUL- 1.72 percent. This across-the-board cut damental change in Federal disaster SKI] proposes an amendment numbered 421 to will raise the $6.7 billion necessary to policy. This was established with the amendment No. 420. offset the cost of providing disaster as- enactment of discretionary budget caps Ms. MIKULSKI. Mr. President, I ask sistance to complete the recovery ef- and the pay-as-you-go and the balanced unanimous consent that the reading of forts in Northridge, CA, and for pre- budget and emergency deficit control the amendment be dispensed with. viously declared disasters in 46 other of 1985. The PRESIDING OFFICER. Without States. This longstanding policy is based on objection, it is so ordered. My substitute also specifically ex- the principle that natural disasters are (The text of the amendment is print- empts those four areas which I feel unprecedented acts of nature, and na- ed in today’s RECORD under ‘‘Amend- should not bear any more cuts. First, ture cannot be accommodated in the ments Submitted.’’) VA medical care. Promises made, standard appropriations process. By Ms. MIKULSKI. Mr. President, I rise promises cut. Let us not cut VA medi- definition, these acts are extraordinary today to offer this substitute which I cal care. Second, it exempts defense and catastrophic and beyond the scope feel greatly improves the manner in readiness because I believe we need to of what we could normally confront in which Congress deals with the disaster be able to stand sentry and have our the annual battle with both the weath- assistance. I call it the Truth in Disas- force structure ready. er, elements, and the battle of the ter Budgeting Act. The other is that it exempts food and budget. Before I describe my amendment in nutrition programs at the Department Historically, since 1988, Congress has the nature of a substitute, I would like of Agriculture, like Meals on Wheels enacted seven major disaster to thank the chairman of the VA, HUD, and school lunches. It also exempts the supplementals, and they total $22.5 bil- and Independent Agencies Subcommit- administrative costs related to Social lion to aid virtually every State in the tee, Senator BOND, for all of the cour- Security and Medicare. Union. The Appropriations Committee S 4764 CONGRESSIONAL RECORD — SENATE March 29, 1995 never had to come up with offsets, and fund. I believe we need an earthquake the measure reported out of the Appro- the Senate continually rejected amend- fund. That is why I direct the author- priations Committee totally fails to ments which called for offsets. It was izers to come up to deal with this. address the vital need to stop the out- funded off budget. Our guiding prin- This amendment is about fundamen- of-control commitments by the Depart- ciple was to provide relief to those who tal fairness. Who pays? Who pays for ment of Housing and Urban Develop- desperately need it. national disasters? Who pays for natu- ment for future spending which this Whether it was Hugo, the riots in Los ral disasters? That is why I believe it Congress and this budget cannot afford. Angeles, CA, flooding in Chicago, the should be borne by the entire Nation. That is why I think that this meas- terrible floods in Missouri, we never So, Mr. President, what this amend- ure should be tabled. I will urge my adopted offsets. Each of these was sud- ment does is try to show that it is a colleagues to do so. den, unforeseen, and funded outside of new world order. We should not just Now, let me say something about the the budget caps. fund things off budget and make out proposal of the VA, HUD, and Inde- I do not want to argue that. I believe, they do not exist, because we cannot pendent Agencies Subcommittee in the along with my colleague, and I believe keep racking up the deficit. FEMA disaster relief supplemental and the majority of my colleagues, that we But, at the same time, I believe that rescission bill. should pay for it. But I believe we one subcommittee should not be the This chapter, our chapter, rescinds should pay for it across the board and bankroller. That is why I offer what I more than $6.8 billion and includes a not out of the bank of one subcommit- originally called my 2 percent solution. supplemental for FEMA disaster relief tee. I was able to lower that, and it essen- of $1.9 billion for the current fiscal Mr. President, all of this is going to tially now is a 1.72-percent across-the- year and provides the balance of $6.7 change if the offsets are the name of board cut, exempting VA medical care, billion requested as an advance appro- the game. I believe they should. But nutrition programs, defense readiness priation for FEMA for fiscal year 1996. natural and national disasters should and those administrative costs, and So- This will enable the Congress to mon- be a national responsibility. Therefore, cial Security and Medicare. itor the utilization of the amount pro- that is why I establish this rainy day Mr. President, I could elaborate more vided before further releases of the fund. on this. In the interest of moving in an The bill before us establishes a sec- expeditious way, I will yield the floor, contingency appropriation for the next ond precedent which is that the source yet reserve the time remaining for my fiscal year. of FEMA will be the VA, HUD. I think side. With respect to the rescissions, the it is outrageous that one subcommittee Mr. BOND addressed the Chair. subcommittee’s total of $6.8 billion is needs to pay for what happened in Cali- The PRESIDING OFFICER (Mr. more than half of the rescissions con- fornia, Florida, Missouri, Maryland, or THOMAS). The Senator from Missouri. tained in this bill. As my ranking any other State. What is about to hap- Mr. BOND. Mr. President, I yield member pointed out, this is a level pen is a disaster for the appropriations. such time as I may require. I ask unan- that is almost double the subcommit- What do I mean? imous consent that no second-degree tee’s proportionate share of total Well, first, out of that $6.7 billion, amendments be in order on this amend- nondefense discretionary spending. $4.6 billion will come from Housing and ment prior to the motion to table, However, the committee’s rec- Urban Development, the one agency in which I will make at the end of the ex- ommendation is less than the House- our Federal Government that has pri- piration of the time or yielding back. passed total of $9.3 billion; it also sub- mary responsibility for the needs of the The PRESIDING OFFICER. Without stantially exceeds the President’s re- elderly, children, disabled, and home- objection, it is so ordered. quest of only $648 million in rescis- less. Also, $1.3 billion would be taken Mr. BOND. Mr. President, I want to sions. from EPA programs designed to assist thank my ranking member, Senator Mr. President, the committee’s rec- States in complying with safe drinking MIKULSKI, and commend her. ommendation reflects the urgency of water and wastewater treatment stand- I have appreciated her courtesy and beginning the long and difficult task of ards. It also will come from national the continuing cooperation that we curbing Federal spending. I am mindful service, veterans care, and the Na- have had. I had the pleasure of serving that the Appropriations Committee has tional Science Foundation. on this committee when she was the direct jurisdiction over only one-third I know that the Senator from Mis- chair. I have only recently found how of the Federal budget, which is discre- souri, in taking the money from HUD, large a job it was. tionary spending. tried to protect the most vulnerable— She mentioned something about the I certainly agree with those who the homeless and the elderly—and I hand we have been dealt. Both of us, as point out that a balanced budget can- thank him for that. But still, it will chair and ranking member, now have a not be achieved in any way solely take HUD’s annual budget, which is very difficult hand to play. through cuts in discretionary spending. over $26 billion, and this represents a Senator MIKULSKI is extremely well Let me be clear about that. 20-percent cut. informed and dedicated to the pro- There can also be no doubt that fur- The VA subcommittee cannot be ei- grams in this subcommittee. Her con- ther reductions can and must be made ther the bank or the will-call window gressional role as an appropriator and in these activities if we are ever to for disaster relief. I believe it is bad an overseer she does with extreme skill erase our budget deficit, or hope to do policy. I also believe it is absolutely and dedication and concern. I have the so, and to stop passing on to our chil- unfair. What happens the next time highest regard for her and her staff. We dren and our grandchildren the burdens disaster strikes? Will we continue to have worked together to try to obtain of the debt that we were too profligate take it from HUD? Will we eliminate information on these programs, which to stop running up during our steward- the National Science Foundation? Will has not been provided to members in a ship of the Federal Government and its we just shut down a few hospitals out timely manner by the agencies, par- resources. of VA? I do not know what will be ticularly by HUD. The formulation, the putting to- done. What I do know, though, is that Having said that, I could not disagree gether of this large package of rescis- we anticipate more disasters. The U.S. more strongly with the amendment sions, has been difficult. The commit- Geological Survey estimates the prob- that the Senator has offered. As I indi- tee was limited in its recommendation ability of earthquakes only escalating cated, I will, at the appropriate time, to funds which have not been obligated and that there is a 80 to 90 percent move to table the amendment because, and which are not constrained by con- probability of another major earth- No. 1, this amendment does nothing to- cerns over disruption of important on- quake in California within the next 20 ward deficit reduction. going activities. years. The message I believe the people of Necessarily, we directed our focus to- There is the strong probability of America sent last November is that we ward rescissions which would not only earthquakes in San Francisco and have to get the deficit under control. curb expenditures in the short term, other areas. How are we going to pay That is No. 1. No. 2, and I think even but which would yield the effect of for this? I believe we need a rainy day more serious, is that this substitute for redirecting programs and terminating March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4765 activities to yield further savings in fu- But we should be mindful that this year appropriation available in budg- ture years. revision in our current budgetary prac- etary resources when you include the Finally, the committee’s rec- tice demands a reappraisal of how sub- massive amount of unspent, unobli- ommendations reflect our attempt to committee allocations are treated, gated HUD funding. be as balanced and as fair as possible. since the bulk of emergency Simple mathematics do not tell the No major agency within our jurisdic- supplementals are provided for the whole story. We have to cut HUD. We tion was spared. Out of NASA, we took Federal Emergency Management Agen- have to stop spending new dollars. The $150 million. Out of the National cy, which just happens to fall within chairman of the committee, the distin- Science Foundation, we took $132 mil- the jurisdiction of the VA, HUD, and guished Senator from Oregon, made the lion. Out of the Department of Veter- Independent Agencies Subcommittee. point very clearly. When we say ‘‘cut’’ ans Affairs, we took $100 million. The fact that we have to increase ap- in this context, we are not talking As noted, the largest reductions were propriations for FEMA, in my view about throwing people out of housing taken in the Department of Housing should not mean that in the future we or imposing burdens on people now and Urban Development, $4.6 billion; have to make cuts from very important being served. We are talking about cut- and in the Environmental Protection programs in HUD, VA, NASA, and ting new commitments, additional Agency, from which $1.4 billion was other agencies which are dispropor- spending requests, commitments that taken—not because of a policy of deter- tional to the cuts taken by other do- could be extremely expensive over time mination against these activities, but mestic discretionary programs. and are not now undertaken. simply because of the fact that these There is no way that our subcommit- We have to begin now, if there is any two agencies have the largest unobli- tee can, in the future, be expected to hope of surviving the very constrained pay for supplemental emergency re- gated balances which can be rescinded freeze minus future for discretionary quests for FEMA disaster relief. The and which will curb future year ex- funds that we expect to see throughout number of Presidential-declared disas- penditure growth. the appropriations committee and even ters and the amount of funding for Now, a number of these reductions in our subcommittee. such emergencies have been dramati- are painful. I have discussed these with The Congressional Budget Office re- cally rising in recent years. A total of officials in the administration who $14.8 billion has been appropriated in cently analyzed the HUD reinvention wonder why we are making these cuts. the last 5 years. blueprint and discovered that the cost I have had calls especially with re- The pending supplemental bill car- of HUD-subsidized housing will in- spect to termination of new initiatives, ries the request of $6.7 billion, which is crease by over 50 percent under the such as the Community Development almost 10 percent of the entire discre- President’s plan over the next 5 years. Financial Institutions Program and tionary allocation of the subcommit- Let me point out that currently, this halting previously planned expansions, tee. We cannot be expected to offset year, we are spending $26.4 billion. such as National Service or such massive requests without dra- That is how much we are spending this AmeriCorps. I also know that many of matic impacts on other ongoing activi- year. The Congressional Budget Of- my colleagues would rather not deal ties within our jurisdiction in future fice—which as we will all recall, the with reductions in popular programs budgets. President in 1993 said is the independ- such as VA medical care, no matter These are national disasters. My ent scorekeeper, the objective score- how modest. ranking member has pointed out the keeper to whom we must turn for the However, Mr. President, let me be scope of these disasters. If they are most honest, most accurate estimates clear: If we are going to cut, we have to paid for, resources should be identified of spending—took a look at the infor- cut something. There is nothing in this on a Federalwide basis, not just by one mation HUD provided at the time of budget that was put in because people subcommittee which happens to have the budget submission. There have did not like it. Everything that was FEMA within its jurisdiction. Match- been subsequent discussions and sub- put in here was put in last year or in ing such supplementals with rescis- missions, but based on what HUD, the years before because somebody ar- sions within the subcommittee should through OMB and the President, pre- gued successfully that it was a good not and cannot be a precedent for how sented to us, HUD spending would in- idea. We cannot cut spending without such needs will be addressed in the fu- crease to $28 billion next year, $30.7 bil- cutting things that have some support. ture. lion the following, then $33.8, then $38.9 Frankly, with the budget crisis that Let me move to the second point, billion; by the year 2000, HUD-assisted we face, one of the things we have had which is more complicated but has an housing would be $39.9 billion—50 per- to do is put a hold on new commit- equally clear answer. That is the con- cent more than we are spending this ments. Given the state of our budget cern that we are rescinding too much year. And, also, incidentally, the total deficit and the tremendous debt that from HUD. The answer is simply ‘‘no,’’ of all these five red bars would come to we have driven up, a debt which will we are not. Some have questioned why about $39 billion. So we would be add- hit $5 trillion and require Congress to HUD is being cut more than $4.6 bil- ing $39 billion to the national debt over raise the debt ceiling before the sum- lion, or two-thirds of the total rescis- 5 years, according to CBO’s estimate. mer is over, we have to start making sion of $6.9 billion for the subcommit- Unless we act now to curb the spiral- some cuts no matter how difficult they tee. The answer is simple. The cut is ing growth in outlays, we are going to are. roughly proportionate to the Depart- have to make some very draconian cuts It is clear we must make reductions ment’s available budgetary resources. in the near future and be in a position now or face even greater cuts and dis- Although HUD received new appropria- where we cannot honor commitments locations in the future under a very tions for fiscal year 1995, that is the made to those in public and assisted constrained allocation for discre- current spending year we are in, of housing. tionary spending. $25.7 billion, HUD represents about 39 As I have indicated, I have had meet- Mr. President, two additional con- percent of the funding for our four ings with the Secretary of HUD and the cerns have been raised over the general major agencies—almost $2 out of every Director of OMB. We have gone over approach of this supplemental and re- $5—it also carried into this fiscal year many of these questions. They have scission measure. The first relates to $35 billion in unobligated prior year promised us additional details, which the prevailing sentiment that all balances. In fact, it carried more we have not yet had an opportunity to supplementals, even emergencies which money in unobligated balances than we see and analyze. They have said they are or can be procedurally outside the appropriated for this year. We could will meet with the Congressional Budg- caps, should be offset by reductions in have the anomaly, even if we wiped out et Office to explain and perhaps even other discretionary spending. I accept all new authority for HUD, that HUD suggest revisions. But let me point out, and support this greater standard of could spend more than its current year even under the President’s own budget budgetary discipline because we need appropriation because of the unobli- submission, the President asked for to do it. It is a necessary step toward gated balances. In other words, HUD HUD to be increased by $20 billion in balancing our budget. has more than double its current fiscal budget authority over the next 5 years S 4766 CONGRESSIONAL RECORD — SENATE March 29, 1995 and by $14 billion in outlays. The Presi- we cannot spend enough money on Yes. Added to the deficit but it will not dent is asking us, at a time when we HUD and its programs to satisfy them. count against the appropriation. know that discretionary spending must Frankly, let us be clear that we are My bill maintains the President’s be kept under control, to increase out- sensitive to and very concerned about declaration of an emergency and a dis- lays, to increase actual spending, by the obligations and the undertakings of aster. But in the interest of deficit re- his own numbers, by $14 billion. HUD. That is why we want to make duction we are willing to pay for it. I suggest there is no way we can do sure that they do the job properly. It is Therefore, this $6.7 billion does not go that. I suggest we are faced with a dif- I think not helpful for those who would off into some limbo and yet add to the ficult—but a simple—solution, and that be advocates for the programs of HUD deficit. It will be both through my sub- is turn off the pipeline of new sub- to make the kinds of irresponsible stitute a pay-as-you-go. It will be a sidized units. That is the fundamental charges that some local officials have one-time only pay-as-you-go through focus of the committee’s recommenda- made. That does not advance the level this across the board with the prospec- tions for this rescission bill. We are of discussion. That does not assist in tive establishment of a rainy day fund. also recommending a portion of the helping us formulate responsible pro- So you see. I believe that the Mikul- funds rescinded by the House be re- grams given the long-term nature of ski substitute which is a pay-as-you-go stored, and that we redirect resources the obligations and commitments. substitute does reduce the deficit by to another urgent priority; namely, the Halting the budgetary growth of the $6.7 billion. There is a great deal of de- restoring of budgetary sanity to this Department can only be accomplished bate about what this rescission money out-of-control department. We say go with a focused, determined, multiyear will be used for. Is it going to be used ahead with the programs to demolish effort. Unless we begin now with this for deficit reduction or is it going to be the failed housing developments and bill we will lock ourselves into another used for tax cuts to be offered by the put the rest on a sound footing to sur- multibillion-dollar chunk of long-term other party? There are those of us who vive the competition and the subsidy budget obligations. support deficit reduction and, there- reductions coming down the pike. This is only a first step, one of many fore, know that if that is the point of Some of my colleagues have said we in which we will go beyond the limited the rescission package we will look for do not need to deal with severely dis- fixes in cuts that can be accomplished elements to do the deficit reduction, tressed public housing. This is one area in a rescission bill. We have to enact but here is a whole other substantial where I believe I agree very strongly through the authorizing committee school of thought within this institu- with the Secretary of HUD. There is no major reform legislation later this tion led by the Senator from West Vir- greater problem in many of our com- year. ginia, Senator ROBERT BYRD, who says munities than the uninhabitable, often I look forward to working with my ‘‘yes’’ to deficit reduction but ‘‘no’’ for vacant, thoroughly unlivable, large colleagues in the Appropriations Com- the savings to be done on tax cuts. I public housing units in many of our mittee, my colleagues on the authoriz- will not debate the points that Senator metropolitan areas today. Too many of ing committee and other interested BYRD wishes to bring to the body’s at- them have become havens for crime, Members in this body in formulating a tention later this afternoon. He will do for drugs, and violence. They are not responsible program. But we are not it in his own usual eloquent, persuasive only not a safe place to raise a family, going to be able to adopt a responsible way. But I believe the Mikulski sub- they are a great danger to the neigh- program if we allow the budget to con- stitute does, because we are doing pay- bors who live in the vicinity and they tinue to spin out of control to run up as-you-go not by putting it off budget are tremendous blots on the landscape obligations and commitments now that but with $6.7 billion for deficit reduc- of our major metropolitan areas. will cost us billions of dollars we do tion. To me, this is an investment in the not have in the future. Only if we put Do I go as far as the House? No. Do I future which must be made now if we a tourniquet on the bleeding and stop go as far as the Hatfield-Bond legisla- are to stop some of the spread of blight the new commitments can we make tion? The answer is no. The House went that has been generated by poorly sure that our restorative work, our sur- to $17 billion. The efforts by the distin- maintained and poorly conceived gery and our treatment of the patient, guished chairman of the committee, projects of the past. a very sick patient of HUD, can be suc- Senator HATFIELD, and the subcommit- Amid all the debate over the future cessful. tee, Senator BOND, goes to $13 billion. of HUD, it is important to keep in I will ask my colleagues to join me in But when I knew I was going to try to mind that over 4.8 million families re- a motion to table. But for the moment, deal with this problem by an across- ceive Federal housing assistance, and I yield the floor. I reserve the remain- the-board cut, I did not want to gouge over half of them are elderly or dis- der of my time. other subcommittees by paying—for abled. It is also important to note that Ms. MIKULSKI addressed the Chair. the fact that we do not have a mecha- such housing assistance is expensive. The PRESIDING OFFICER. The Sen- nism for a rainy day fund. So I kept it As I said, $26 billion in current year ator from Maryland. under what I called the Mikulski 12.2- fiscal year 1995 outlays and current Ms. MIKULSKI. Mr. President, how percent solution. Sure. I could have costs are rising. In fact, with the long- much time do I have remaining? come up with more rescissions to do an term contractual commitments pre- The PRESIDING OFFICER. The Sen- across-the-board. But I did not want to viously made by HUD the Government ator has 47 minutes and 45 seconds. gouge the criminal justice system. I is currently obligated to pay over $187 Ms. MIKULSKI. Mr. President, I did not want to gouge Labor, HHS. I billion over the life of these contracts, know that there are others who wish to did not want to gouge the important some stretching out 40 years. speak. While we are waiting for them funding that needs to go on in defense. Many of my colleagues have ap- to come, I want to comment on the So that is why my amendment is so proached me to express grave concern comments of my colleague, the Sen- modest. It is 1.7 percent. It is abso- over some of the battles of the press re- ator from Missouri. lutely modest. I say to my colleagues, leases in the State demonstrations First, the Senator said that the Mi- I do not like across-the-board cuts ei- characterizing those of us who wish to kulski substitute does nothing for defi- ther. Hopefully we can do this with cut HUD’s new commitments as being cit reduction. I respectfully disagree line-item evaluations. It is natural dis- ready to throw people who are getting with that because you see under the aster funding that should be borne by assisted housing out on the street, hav- rules of the 1985 Budget Act, disasters, the Nation doing this across-the-board ing no concern for the people who are if declared by the President as an cut. assisted by HUD. I am told that C– emergency, do not have to be paid for. I can comment on other aspects of it. SPAN carried a program this weekend President Clinton declared these disas- But I note that the distinguished chair- that featured HUD officials but it also ters in the FEMA supplemental an man, ranking minority of the authoriz- featured special interest groups and emergency. So, therefore, under the ing committee, Senator SARBANES, is local officials who want to spend as if rules of the Budget Act, they could be on the floor. He is interrupting his there was no tomorrow, who think that placed on the discretionary spending. other important work to be here. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4767 So I will yield the floor and yield to The housing department finds itself ture. I know the Senator from Mary- Senator SARBANES such time as he within that grouping of agencies that land has pushed the notion of providing might consume to elaborate on this are covered by the arbitrary differen- an anticipatory mechanism to meet fu- subject. tiations that are made within the Ap- ture disasters. Under that approach The PRESIDING OFFICER. The Sen- propriations Committee. you would set up a fund and appro- ator from Maryland. If there is anything that calls for the priate to it in anticipation of future Mr. SARBANES. Mr. President, what kind of approach that the distinguished disasters since it is fairly reasonable to is the time situation? Senator from Maryland has taken, it is hypothesize that there will be natural The PRESIDING OFFICER. The Sen- handling disaster relief. Obviously, if disasters at some time. Natural disas- ator has 41 minutes and 67 seconds. you are going to cut other programs to ters do occur on a periodic basis, and Mr. SARBANES. If the Senator will pay for disaster assistance, the burden we need to address them. An advanced yield me 5 minutes. of these cuts ought to be borne across funding mechanism would be a better Ms. MIKULSKI. I yield the Senator the board. There is no rationale, no way of doing it. such time as he may consume. logical or rational reason, why paying However, that is not now before us. Mr. SARBANES. Mr. President, I rise for the disaster relief ought to come Confronted with the problem that we in very strong support of the amend- out of those few agencies that happen have, I think this amendment makes a ment that has been offered by my dis- to be grouped with the Federal Emer- great deal of sense and is certainly a tinguished colleague from Maryland, gency Management Agency for pur- far preferable approach than the one the substitute amendment to the sup- poses of handling an appropriations contained in the legislation that is now plemental appropriations bill. bill. pending. First of all, traditionally we have Providing for disaster relief must be Therefore, I very strongly support considered disaster relief measures as done; I support this supplemental for Senator MIKULSKI’s substitute amend- an emergency supplemental and han- disaster relief. In fact, I would support ment and urge my colleagues to sup- dled that way, if I am correct. I believe doing it as an emergency the way the port it. that is correct. President submitted it to the Congress. Mr. President, I thank the Senator Ms. MIKULSKI. The Senator is cor- If, in effect, the cost of the disaster is for yielding me time. rect. going to be covered by diminishing Ms. MIKULSKI. I thank the Senator Mr. SARBANES. The last six or other accounts—and we are talking for speaking in behalf of this amend- seven disaster supplementals over the about the very fiscal year in which we ment. He makes excellent points, par- last few years have all been handled in find ourselves—I do not think that the ticularly the consequences to the hous- that fashion, I believe. disaster spending ought to be covered ing programs and the compelling needs Ms. MIKULSKI. That is correct. out of those agencies that are grouped we have to meet. I thank him for inter- They total $22 billion. They have been within this particular Appropriations rupting his schedule. funded off budget as prescribed by law subcommittee. That is illogical, not How much time would the Senator as the President declares it an emer- logical, and that is inequitable, not eq- from California like to have? gency disaster. uitable. Mrs. BOXER. Seven minutes. Mr. SARBANES. As I understand it, The amendment that has been put Ms. MIKULSKI. I yield to the distin- the President declared this supple- before us would recognize that national guished Senator from California, who mental request an emergency disaster. disasters are a national responsibility. has faced her share of earthquakes and Ms. MIKULSKI. The President has It would avoid setting a precedent, slides and really knows what these is- declared it an emergency disaster and that you are going to pay for disasters sues are, 10 minutes. therefore follows the same procedure out of the accounts of this particular Mrs. BOXER. I thank the Senator under the law. subcommittee. With the bill before us, from Maryland. I thank her for her Mr. SARBANES. What is happening you are going to establish a precedent leadership in giving this Senate a real- is that there is a move afoot to, in ef- that makes this particular subcommit- ly fine alternative to the bill that is fect, cover the amounts needed for the tee the window to which you go for all before us. I certainly want to associate disaster relief. future disaster relief. What is the logic myself with Senator SARBANES’ re- Now, I have obviously some questions in that? We could just as easily put marks, and I will try not to repeat about this decision on the basis of past FEMA over into the Defense Sub- them but to be very specific on why I practice, but let me pass beyond that committee. We could combine FEMA feel the Mikulski substitute is so pref- issue and simply address the manner in with emergency preparedness which erable to the committee-reported bill. which disaster spending is being cov- covers not only disaster relief, but First of all, why are we here? We are ered in the proposed supplemental ap- other emergencies. At one point, here on this bill because we have had propriations bill before us. A very FEMA’s prime responsibility was to ad- disasters in this Nation, certainly in heavy proportion of the disaster spend- dress questions of how we would react California more than our fair share, ing amount in the supplemental is to a nuclear attack. So maybe FEMA that required payments to the local being taken out of the allocation to the should be put in the Defense Appropria- governments, the local people. We have VA–HUD Appropriations Subcommit- tions Subcommittee, and then, if you buildings that need to be repaired from tee in which the FEMA funding is lo- followed the principle that is being earthquakes. We have buildings that cated. used here, when we have a national dis- need to be repaired from floods. This is Now, it is my understanding that aster, we would pay for it entirely out happening not only in California but more is coming out of that subcommit- of the defense budget. across this great Nation. We have pre- tee than the cost of the disaster relief I am not arguing that should be done. dictions, as the Senator from Maryland that is before us. So, in effect, this par- I am only making that point to illus- said, for other disasters, and I wish to ticular subcommittee, which by chance trate the lack of logic of what has been make a point to my colleague, Senator has jurisdiction over FEMA, is absorb- done in the supplemental appropria- MIKULSKI, of which perhaps she is not ing the entire additional amount given tions bill that is before us. This is not aware. to FEMA for disaster relief out of the the way to handle the funding of disas- If I might make a point to the Sen- allocations for the other agencies ters. I very much hope the amendment ator on this issue of the future projec- under its jurisdiction. of the Senator from Maryland—which I tions of disasters, what is very inter- This just does not make sense. It think provides a much more equitable esting is that the USGS has looked at leads to great inequities that a dis- way of paying for disasters—passes. the earthquake situation and not only proportionate burden is borne by the This amendment is an across-the-board do they predict a terrible earthquake other agencies within the jurisdiction cut with respect to all agencies and de- in California sometime in the future, of that subcommittee. partments. It is a much more sensible but they also talk about a devastating I am particularly concerned because I way to go about this at this time. An earthquake in Seattle and one in the have a responsibility with respect to across-the-board cut may not be the midsection of the country from the the authorization of housing programs. best way to pay for disasters in the fu- Tennessee fault. S 4768 CONGRESSIONAL RECORD — SENATE March 29, 1995 So I stand here as a Californian, but taking computers that were going into stands up here and says, ‘‘Drugs, they I also say to my friend that other areas classrooms. They are not going to be are a curse on our society.’’ It is in in this Nation are very apt to be vis- able to put them there. Rescinding the here, a $100 million cut from that pro- ited by these crises. I wonder if she was summer jobs program for our kids, gram. My State loses $10 million. Nine- aware of that study. which is so important. ty-seven percent of all school districts Ms. MIKULSKI. Mr. President, I am I visited some of these young people in California benefit from this pro- aware of the study. We spoke about the who had the benefit of these jobs. What gram, keeping drugs away from kids by work being done by the Geological Sur- a way to slash and burn, using as an ex- teaching them. I do not get it. I do not vey of the Department of the Interior cuse, you know, the FEMA requests. get where that makes sense for this that is trying to develop sophisticated The House bill was even worse. I great Nation. methods for earthquake prediction. compliment my friends. They made Sixty-nine million dollars for teacher They are predicting future—within the this a little bit better. But it still training under the Eisenhower Profes- next decade or so—severe earthquakes hurts. It hurts business. It hurts jobs. sional Development Program—Eisen- on the west coast but possibly in the Let me tell you, the Community De- hower, a great Republican President Midwest itself. I might add, you never velopment Financial Institutions Fund who understood the need for math and know when an earthquake is going to program account, this gives credit to science. As a matter of fact, it was Ei- hit. As the Senator knows, the State of businesses to expand, to create jobs. senhower who wrote the Defense Edu- Maryland is not an earthquake State. Cut severely. EDA creates jobs. We are cation Act. And do you know what he We are more a hurricane State. looking at a cut in California here and said, a military man? ‘‘You can have Yet we had earthquakes in a small across the Nation. The National Insti- all the bombers you want. If you do not county in the Baltimore metropolitan tute of Standards and Technology, have smart kids who can read and can area. It was shocking. Fortunately, we these are funds that help our manufac- write and can do math, this country had no major loss of property and no turers. It is very successful. It is cut. It will never be the greatest country on loss of life. is going to be hurt. And that is going Earth.’’ Well, they are slashing and So, yes, we have to be ready to stand to hurt my State’s economy. burning from that program too. centrally on the whole issue of earth- Slashing funds from the Base Align- quakes, but we do need that rainy day ment and Closure Commission, needed I told you about computers in the fund. desperately to clean up these bases, to classroom. I know many of us go I thank the Senator for reiterating move them into productivity. Cut, around to schools. These computers the report. slashed, and burned. open up the eyes of these children. Oh, Mrs. BOXER. Mr. President, I think EPA, safe drinking water. Some peo- we are cutting that program, too, $5 it is so key here, because when some- ple do not like it. They say it goes too million for education technology pro- one who is an expert says that this far. Well, let me tell you what is going grams. We are going to lose $500,000 in country is going to be visited by floods to happen here. We are going to have our State. That goes a long way. and earthquakes and other disasters, big problems in my State. In L.A., in You know, if there is any consensus we cannot just throw up our hands. Lake County, in San Diego, water around this place, I would have hoped Why are we doing this particular bill cleanup. We need to clean up the water. it would have been around the children. at this particular time? Clearly, the People need to be able to drink the There is a $42 million cut from Head President asked for $6.7 billion. The water. This bill slashes that program. Start. U.S. Senate has decided to go beyond Agriculture: $1.5 million cut from the The PRESIDING OFFICER. The time that and cut out $13 billion—$6.7 for new USDA salinity research lab. And yielded to the Senator has expired. FEMA, the added extra billions just be- all farmers know that controlling that Mrs. BOXER. I ask the Senator for an cause they wanted to cut more. salt water incursion is very important additional minute to wrap up. I point out, as Senator MIKULSKI has, to them. That is going to hurt our Ms. MIKULSKI. I yield the Senator that since 1988, Congress has enacted farmers. an additional minute. seven major disaster bills and none has Interior: We know that some of our Mrs. BOXER. We have cuts in Head been offset. This has been done over threatened species will not be listed. Start. We have cuts in child care. We earthquakes and floods and storms Again, some people here hate this En- have cuts in national service—national across this Nation, with Republican dangered Species Act. They want to see service. Again, I urge my colleagues, go Presidents as well as Democratic. I it destroyed. Well, do not back-door it speak to those volunteers from suggest to my colleagues, this is not a by doing these kinds of cuts. Let us AmeriCorps. And my friend Senator partisan issue. have the debate. Let us find out where MIKULSKI was so instrumental in that. We need to be ready for these disas- the American people are on saving the I cannot believe we are cutting that ters. So I support that part of the bill bald eagle. I will take you on in that program, because it was working out to be ready for the disasters. But, on fight any day. But, no, it sneaks in this there. I have so many personal stories the other hand, I have to say to my bill back-door. I could tell about AmeriCorps. friends, we should make this a clean There is a $35 million cut from solar I met a young man who was shot in bill. We should give the President the and renewable energy research. That a drive-by shooting in Los Angeles. An money that he needs to meet these dis- makes a lot of sense. The biggest cause Americorps volunteer visited him in asters and then have another bill that of our trade deficit is imported oil. the hospital every single day, got him looks at rescissions and not hold these Why do we want to hurt these alter- on the right path, got him back to communities hostage. native energy programs? Again, if you school. And we are going to cut Let me explain what I mean. want to debate it, let us bring it on to AmeriCorps. What we are doing, for the first time the floor. But this is done in a back- So let me just say, in closing, I thank in history, is going beyond what even door approach. my friend, Senator MIKULSKI, for giv- the President has asked and cutting all I told you about education—$6 mil- ing us a chance to substitute spending these other programs. I know a lot of lion in Federal funds lost to my State cuts that are fairly done across the my colleagues are thrilled to do it. to be used for innovative programs em- board, that do not hurt the children, They are thrilled to do it. But I want phasizing math and reading. that do not hurt the businesses, that do to point out what it does to California. How about a cut in title I funds for not hurt jobs, that do not hurt the en- It hurts my people. And I hear, educating our most disadvantaged vironment. I cannot tell the Senator ‘‘Well, wait a minute, Senator. You are kids? Mr. President, 8,500 California how pleased I am to support her in this the ones who have all these disasters.’’ students are going to suffer from this amendment. That is true, and we need that FEMA cut. Mr. BOND addressed the Chair. money. How about this one: Safe and Drug- The PRESIDING OFFICER. The Sen- But you should see what these cuts Free Schools Program for drug preven- ator from Missouri. do to the people of California, to the tion. I cannot believe that Senators Mr. BOND. Mr. President, I yield my- children, to the children of California— want to cut that program. Everyone self 5 minutes. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4769 Let me just follow up on some of the we have now? That is a tremendous across-the-board cut would not hit ad- points so eloquently made by my good burden for future generations to carry, ministrative costs for Social Security friend from California. She was kind and we have seen what happened to our and Medicare. It would not cut defense enough to invoke the memory of Presi- neighbor to the south when they spent readiness. It would not cut veterans dent Eisenhower. You have to have a more money than they had. The inter- medical care. It would not hurt the pretty good memory, because after national market said the peso is weak. food and nutrition programs. World War II, I believe that was prob- They did not get their economic house I am particularly concerned about ably about the last time we balanced a in order, and there is a crisis in Mex- the rescission package because the budget around here and stopped run- ico. brunt of the cuts will fall on the pro- ning a deficit that adds to the debts of What has happened in Mexico to the grams of the Department of Housing our children. peso could happen in the United States and Urban Development. This bill be- She has made a very strong argu- to the dollar. The dollar has fallen fore us would cut $4.6 billion from ment for every spending dollar that we against the value of the yen, lost al- HUD’s programs. This cut represents 18 have. She said it is all being spent just most a third of its value because the percent of HUD’s 1995 appropriation properly and we can take an even cut international markets think we are not and 35 percent of this entire rescission across the board. Frankly, I hope that getting serious about cutting spending. package. we have come beyond that point where We are cutting spending here to get This cut would injure important HUD we can say that the only way to cut our house in order, and we are also try- programs like public housing mod- is to cut across the board. We have ing to fund supplemental emergency ernization, an important pension fund seen examples in recent years of how appropriations for disasters. Disaster demonstration, and section 8 vouchers various agencies can look at pro- spending over recent years has been that help us meet the housing needs of grams and make cuts to programs about $19 billion. I am pleased that we the poorest of the poor. All of these that are not working or that have been heard about how important it is to programs are serving to help us with overappropriated. California, because you know how reforming HUD. Modernization is criti- The current administration calls it much of that went to California? Mr. cal for fixing up public housing, the Reinventing Government. The current President, $11 billion. Sixty percent of pension fund demonstration is helping administration has asked that we cut the money that we have spent on disas- us dispose of the HUD-owned inven- $5 billion from NASA, not across the ters has gone to California—$11 billion. tory, and the vouchers are important board, not across from everything. We are stepping up to the table to tools in helping us solve the problems They are asking the Administrator, meet the needs of our friends and of mixing the elderly and the young and I believe we are going to support neighbors in California, as this body mentally disabled in public housing as him, to take a look at where cuts can stepped up to help the people in the well as helping us relocate people when be made, not across the board, not off State of Missouri and the Midwest we tear down the older, dilapidated of everything, but combined activities, when we were struck by floods. But stock. combined areas where cuts can best be when we make those cuts, Mr. Presi- I also urge the Members to look at made because we cannot keep spending dent, I suggest that the only respon- the situation that these specific cuts like money is going out of style or our sible way to make cuts is to eliminate will set up for next year. Many are dollar will go out of style. low-priority items, to eliminate money sighing a sigh of relief that the cuts in Our friend from California mentioned that is not being spent or that does not the Senate bill were not as draconian taking computers away from children. need to be spent or, as we are doing in as the House cuts, but by taking these Computers are very important for chil- this bill, to cut spending that we can- resources away today, the programs in dren, but I have been in schools where not afford for the future. the VA–HUD subcommittee will be I have seen rows and rows of computers That is why I believe that all these under even greater pressure next sitting on empty desks with no chil- wonderful arguments do not hold any year—these include not only HUD and dren in front of them. water when you look at the cuts that EPA, but also NASA and veterans. I cannot address all of the cuts made are made in the portion of the bill be- I urge my colleagues to support the in other parts of the bill, and I will rely fore us today; that is HUD, VA, and Mikulski amendment. on my colleagues who serve on those independent agencies. Ms. MIKULSKI. Mr. President, as we subcommittees to talk about those, but Mr. President, I yield the floor and debate this substitute, I want to, let me talk about the cuts in EPA. We reserve the remainder of my time. again, say that there are two issues have cut money that was funded for a Ms. MIKULSKI. Mr. President, how that the Senator from Missouri and I program that was not authorized last much time do I have? absolutely agree on. First, that we year. We have left in the safe drinking The PRESIDING OFFICER. The Sen- need to reform HUD, and the other, water funds for EPA the amount of ator has 21 minutes 24 seconds. that FEMA must have a rainy day money that the administration has re- Ms. MIKULSKI. Thank you, Mr. fund. quested for next year on the hope that President. I know we are awaiting to If I can just comment on the need to we will reauthorize the Safe Drinking hear from the leadership their advice reform HUD, the Senator from Mis- Water Act and be able to spend that on the hot line as to when they wish to souri is absolutely right about the need money. We are not cutting jobs, we are establish the vote. I believe the vote to organizationally reform HUD and cutting money that cannot be spent. will occur sometime within the next then to deal with the conflicting and My colleagues talked about the hurt, half an hour. confusing budget information we re- what a tremendous hurt is being im- While we are waiting for that, I know ceive that is demonstrated on the Sen- posed by cutting off some of the Fed- one other Senator wishes to speak. ator’s charts presented by CBO. eral spending. Let me tell you about Mr. KERRY. Mr. President, I rise in First, what my colleagues might be the hurt that is going to be inflicted on support of the Mikulski amendment. interested to know is that I was one of our country and on future generations I am concerned that the programs of the ones to talk about reforming HUD if we continue to build this deficit. We the VA–HUD Appropriations Sub- before the Cisneros plan came in. When have a commitment to spend far more committee are taking an inordinate I chaired the subcommittee, I actually than we are taking in and, unfortu- cut in the rescission package before us. commissioned a report by the National nately, we have no leadership from the If we are to pay for disasters, and not Association of Public Administrators President in cutting that spending. He declare these as emergencies, then the to identify what are the areas to do raised taxes and promised to cut spend- spending for these should come from a that. I am happy that the Senator from ing, and his budget projections show broader base of programs. The Mikul- Missouri and his very competent staff our spending increasing $366 billion ski amendment’s 1.72-percent cut is an have also picked up on that. over the next 5 years. He would add $1 appropriate way to spread the cost of In essence, what they said was that trillion to the national debt. natural disasters. HUD was an organizational disaster. What about the hurt of that $1 tril- The amendment would exempt im- They have over 240 different programs, lion added on to almost $5 trillion that portant accounts from the cut. This sometimes serving such a narrow need S 4770 CONGRESSIONAL RECORD — SENATE March 29, 1995 that it becomes dysfunctional from a mother of national service, and I honor back all of my time and reserve the managerial standpoint. HUD has been that because, you see, national service right, should he be here, I am in abso- crippled not by us trying only to meet is not just one more Government pro- lute agreement to having the vote at compelling human needs, but HUD has gram. Many might think that, but it 1:15. been crippled by the passion of both was meant to be a new social move- Members of the House and the Senate ment. It was designed to deal with cer- UNANIMOUS-CONSENT AGREEMENT on both sides of the aisle to pursue tro- tain issues before us. No. 1, that for Mr. BOND. Mr. President, I ask unan- phies: ‘‘Let’s come up with a program many college students, their first imous consent that at the hour of 1:15 for this. The new trophy is new pro- mortgage, their first debt, is their stu- I be recognized to offer a motion to grams.’’ A line item for this, a line dent loans. Many of our young people table and that after the yeas and nays item program for that. are loaned $10,000, $15,000, $20,000. Also, are granted, there be a vote at 1:15 on So I look forward to working with we are faced with the declining ethic of the motion to table. the authorizing committees, as well as voluntarism in our society, and also The PRESIDING OFFICER. Is there my colleague on the Appropriations such compelling need that we cannot objection? Committee, to move HUD from these meet it all by more Government pro- Without objection, it is so ordered. 240 different programs often with their grams. Mr. BOND. I thank my ranking mem- own bureaucracy to six programs and So, therefore, what national service ber for accommodating me. This is a that needs to be done in an orderly, is—and it was a bipartisan effort that very important amendment because it methodical, prudent way. passed it; and, yes, President Clinton does go to the philosophy of the ap- Then there is the second issue about amplified it—it enables young people proach that was taken in the Appro- the question about the so-called CBO to volunteer and work in the service of priations Committee. The ranking scoring and about OMB. the United States of America, pri- member has offered a different ap- Mr. President, in the interest of marily working in nonprofits, to pay proach. time, I will not go through these de- off student debt, but also to make a I just want to touch very briefly on a tailed commentaries that I have re- sweat equity investment in the United couple of things she mentioned so that ceived from the Office of Management States of America. my colleagues will understand what we and Budget. But there is a great deal of Last year, we funded it for $200 mil- are doing. difference between what the assump- lion. I believe over 20,000 volunteers are We took $90 million out of lead paint. tions are by the Congressional Budget now working. It is the first year that Why did we do something like that? Office and by the Office of Management the program is fully operational. I am Are we not concerned about lead paint? and Budget. concerned that the cut in national You bet we are concerned about lead They use technocratic words and I service will, No. 1, devastate the pro- believe I like to use diner vocabulary. gram and, No. 2, be a deterrent for vol- paint. There is an ongoing $10 million Essentially, from the diner’s stand- unteers, community service people, study of the best way to establish point, we need to get OMB and CBO to even applying because they think the standards for removing lead paint. Yes, resolve their assumptions. The Senator money will not be there. we need to get lead paint out, but we is right, there is absolute confusion This is not some Great Society pro- are not going to spend that $90 million over what we need to pay for, what we gram. This is not a handout or another until we know the best way to do it. I need to pay for in the future and Government gimmick and social engi- ask the distinguished occupant of the whether there is a train wreck. neering. It is about instilling the hab- chair if he remembers the tremendous So I do not dispute the nature of his its of the heart in our young people, amount of money we spent and wasted argument, nor am I here to defend making sure that they help and volun- on removing asbestos because we acted OMB against CBO. Believe me, I am teer, getting lots of benefit out of their first, without thinking about it and going to let those people with green volunteer community service. I really without planning and getting the best eyeshades and bifocals far better cali- like the fact that it is primarily in scientific information? Yes, we took brated than mine to get into a room nonprofits and not in big bureaucracies $90 million out, but it is $90 million and actually advise the distinguished and that we now do not know the full that we cannot spend. chairman of the subcommittee and my- impact of helping these young people Modernization for public housing. self as to what are the real assump- learn these habits of the heart. Because Yes, we recommended taking $836 mil- tions, so that we can come up with a like with the Peace Corps, long after lion out of the modernization fund, real appropriation. they left volunteer service in a foreign about 20 percent—a little more than However, at the request of Dr. Rivlin, country, they came home and kept that—and it would still leave over $3 I will put into the RECORD her concerns that spirit of voluntarism right here billion. We also proposed to do some- about the differences between CBO and and made important contributions in thing also to let local housing authori- OMB. the private sector in philanthropic ties do the modernization without What I am concerned about, though, work. I am concerned about the cuts in playing ‘‘mother may I’’ with HUD. is the $4 billion cut. While we under- national service. I could elaborate, but HUD is an agency that cannot man- stand that the prospective aspects are I believe the time is short. age itself, and it has not done a good troubling, two programs are cut: $835 I am going to yield the floor and re- job of managing the decisions of local million for modernization of public serve the remainder of my time and see public housing authorities. I will be housing, though it does leave $2.5 bil- if the leadership has decided that they proposing in the authorizing commit- lion in this account; $90 million for would like to vote. tee a bill to change the way we do this lead-based paint hazard reduction. Mr. BOND. Mr. President, I think Mr. President, I have been concerned there has been agreement on both sides and to say that unless the public hous- for some time that HUD itself, in many that the vote occur at 1:15 p.m. today. ing authority fails on the basic stand- cities, is the biggest slum landlord in I have just a few comments. I do not ards that we set, the PHMAP standards that town. It often has lead paint that believe there are any further speakers we set several years ago, we are going has been there for a number of years, on this side. I had a few comments, and to let them exercise their discretion in and we do know that lead paint and after that I will be prepared, if my dis- how to utilize funds made available. flaking of lead paint does have nega- tinguished ranking member is, to yield We believe that even with $836 million tive health damages. Also, we know the remainder of the time, ask for the less, they can do a far better job if that much of the public housing is ob- yeas and nays, and ask unanimous con- HUD is off their backs. solete and is very much in need of mod- sent that the vote be held at 1:15. My distinguished ranking member ernization if it is going to be fit for Ms. MIKULSKI. Reserving the right has mentioned the national service, or duty. Those two items, I believe, would to object. I will not object to the con- AmeriCorps, a program very near and give one cause and concern about that. sent. I have been notified that Senator dear to her heart. Let me say that we The other areas that I am concerned BAUCUS of the Environment and Public have cut almost in half the proposed about is the issue of national service. I Works Committee wanted to speak be- rescissions proposed by the House. The have often been teased and called the tween 1 and 1:10. So if I could not yield House wanted to slash it deeply. In our March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4771 committee, we are asking that the First, we need to look and make sure aid, the TRIO Program for first genera- funding be kept level so we can find out the dollars are going where they actu- tion college students, and the safe if the program works. Yes, they are ally do some good and are not wasted; drinking water revolving fund. spending money right now. They have and, second, we need to keep our con- Nearly 650,000 low-income children, hired people. We would allow them to trol on the Federal budget to make including more than 30,000 in Michigan continue throughout this year. But I sure we do so in a responsible way. participate in Head Start which has think before we go charging down the I think something like the rainy day been shown to increase the likelihood road and say we can have a 40- or 50- fund that my colleague from Maryland of healthy development, improved edu- percent increase, actually in the year has suggested is a good idea, so we cational achievement and to be related beginning with the school year, we would set aside a set amount of money to decreased involvement in criminal ought to find out if it works. I have had each year. We do not know where the activity in later years. Over 600,000 people call me and tell me about one or disasters will strike. We do not know young men and women will lose the op- two instances where very good things whether it is a flood, hurricane, tor- portunity for summer jobs, and 17,000 were done. I like to encourage volun- nado, or an earthquake. Earthquakes young Americans working to give teers. There have been instances where are not just located in California. something back to their communities the National Service Corps volunteers Earthquakes can hit the east coast. through the national service have worked with true volunteers, not Earthquakes have occurred, of a very AmeriCorps Program while receiving people being paid, but people who are significant magnitude, in my home some assistance toward obtaining a really volunteers. State of Missouri in the Midwest. college education will lose that chance. I like the concept of VISTA, because There are many, many, types of dis- The disproportionate and unfair im- VISTA enabled us to provide resources asters each year. They are different pact of this legislation on the least for- to organize volunteers. I believe in vol- kinds, and we know $1 to $2 billion will tunate among us is made all the worse untarism. We have literally hundreds be spent. Maybe we ought to have a by the indication that the majority in of millions of people who are volun- separate line in the budget, a 14th de- the Congress intends to use the funds teers every year, and not because they partment that is disasters, and set it to pay for a tax cut targeted to benefit are paid in a program that provides aside. It could be appropriated so that the most well off. The $189 billion tax over $25,000 a year, more than the me- it comes, not from this one subcommit- cut proposed in the Contract With tee’s jurisdiction, but from across the America according to a Department of dian wage. That is not a volunteer, board. the Treasury analysis would provide that is a public employment job. I look forward to working with my more than 51 percent of its benefits to I have heard other questions raised colleague from Maryland and other col- the wealthiest 12 percent of families. and suggestions that maybe leagues as we attempt to reform FEMA The Mikulski amendment would also AmeriCorps, national service corps is to make sure the money is spent well maintain funding for important not working well. I suggest that we not and within the budget constraints. projects already announced and under- throw a lot more money at it until we Mr. President, I yield the floor, and I way, such as the EPA center in Bay see if it works. That is why we are will- reserve the balance of my time. City, MI, and the Job Corps Center in ing in the measure before us that was Mr. LEVIN. Mr. President, I will sup- Flint, the CIESIN facility in Saginaw, passed out of the Appropriations Com- port the Mikulski amendment which and Sea Grant zebra mussel research. mittee, to let the program continue would replace the rescissions in the Many important projects such as throughout this year, so we can find supplemental appropriations bill with a those are caught up in this rescission out how it works and to see whether 1.72-percent across-the-board reduction bill, despite the fact that they are of the supporters, my ranking member, or of domestic spending to pay for the $6.7 proven value and have already obtained the skeptics, myself and others, are billion in emergency disaster relief ac- strong community support and are un- right and make the decisions then. tivities to deal with the 1994 earth- derway. That is the philosophy, Mr. Presi- quake in California. The Milukski amendment would pay dent, that we followed, trying to cut The legislation before the Senate for disaster relief which under the law things where spending was not critical, cuts too deeply into necessary pro- and the President’s emergency designa- trying to stop commitments for new grams, particularly those affecting tion need not be paid for by reductions spending that will bankrupt America children and low-income families. We in other spending. By paying for the re- in the future. That is our philosophy. should and must be prepared to pay for lief, the deficit will be reduced. The Mi- I also want to mention that I have emergency operations of the Federal kulski amendment does this in a more had discussions with the ranking mem- Government during such natural disas- equitable way by effecting domestic ber. We are working on a sense-of-the- ters as the earthquake, and the numer- spending broadly rather than targeted Senate resolution to set up a rainy day ous hurricanes, floods, fires, and other on education, children, and housing fund or a California disaster fund, and disasters which like this one have na- programs. to encourage a study of the way we do tional scope. Also, we should and must Mr. LEAHY. Mr. President, I rise it, to begin to set aside money to start be prepared to reduce the size of gov- today in support of Senator MIKULSKI’s reforms in FEMA. ernment and to continue the budget amendment to replace the emergency I believe that this is the road we discipline necessary to reduce the size spending and rescission bill the Senate must go. A report was prepared by the of the Federal budget and to continue is now considering with a more equi- task force which the Senator from the 3 consecutive years of reduction in table across-the-board cut. The Appro- Ohio, Senator GLENN, and I chaired last the Federal deficit. However, this priations Subcommittee on Veterans session, to report on the confused and should not be used as an excuse for a Affairs, HUD and Independent Agencies conflicting means that the Federal hard-hearted and mean reduction of is responsible for the Federal Emer- Government has gone about assisting programs which affect the Nation’s gency Management Agency’s budget— in disasters. least fortunate and most vulnerable but it is not and cannot be held respon- Is it really assistance or have we citizens, especially children, programs sible for bankrolling disaster assist- thrown a lot of money out the door? which the American people approve of. ance. We need to take a hard look at that I do not believe that most Americans About half of the cuts in both the disaster assistance approach and make want a cut in Head Start, education re- House and Senate rescission bills come sure that the money we spend on disas- form, the National Service College from programs under the jurisdiction ters is well spent. Scholarship Program—AmeriCorps, of the VA–HUD Subcommittee. Veter- There is no question about the out- safe and drug-free school programs, the ans and lower income Americans pouring of concern and sympathy in Women, Infants, and Children Pro- should not be asked to foot the bill for this body when a severe disaster gram, the Childcare Block Grant Pro- California’s earthquakes or flooding in strikes. And FEMA has gotten much gram, title I programs to improve read- the Midwest. The burden of paying for better. They get the dollars out the ing, writing, and math skills for educa- these costly disasters should be shared door very quickly. tionally disadvantaged kids, impact among all Federal programs—not just S 4772 CONGRESSIONAL RECORD — SENATE March 29, 1995 those under the jurisdiction of the VA– nature, and thus eligible for funding be of high national importance and HUD Subcommittee. outside of the discretionary caps. value. While I support the Mikulski amend- Since the Appropriations Committee But the issue here is not whether this ment, I would have preferred that the refused to handle this emergency fund- is a ‘‘worthy’’ project, but rather that Pentagon chip in. Senator MIKULSKI’s ing in that normal way, the VA-HUD the University of Wyoming and the across-the-board cut goes a long way Subcommittee was forced to dras- State legislature have fully supported toward bringing some equity to the tically reduce fiscal year 1995 funding this proposal through its planning proposed cuts. Including defense in for housing programs by more than $4.6 stages and now that we are nearly those cuts would go even further. billion, environmental funding in ex- ready to break ground, Congress is con- Mr. MACK. Mr. President, I rise in cess of $1.4 billion, national service $210 sidering pulling the plug and chucking opposition to the amendment. Reduc- million, veterans programs $100 mil- all the time and money already spent ing appropriations accounts across the lion, and NASA by $150 million. There down the drain. I would urge that you board as proposed in the amendment is no rational explanation for such carefully consider the investments and would have the effect of freezing in large reductions in already appro- commitments that have previously place the spending priorities estab- priated funds solely from these ac- been made and vote against this lished in the previous Congress by the counts. amendment. former majority party. We must begin As a reasonable alternative, the Sen- Ms. MIKULSKI. Mr. President, I sug- the process of reordering some of the ator from Maryland now seeks to im- gest the absence of a quorum. budget priorities established in the last pose an across-the-board cut of 1.72 per- The PRESIDING OFFICER (Mr. Congress. Unless we do so, it will be cent in all discretionary funding except CAMPBELL). The clerk will call the roll. virtually impossible to control spiral- for veterans’ medical care and a few The bill clerk proceeded to call the ing Federal spending in fiscal year 1996 other accounts. While I do have res- roll. and beyond. ervations in general about across-the- Mr. BAUCUS. Mr. President, I ask I am especially concerned that we get board percentage reductions and their unanimous consent that the order for a handle on the looming budget crisis meat-ax approach, in this case, the the quorum call be rescinded. at the Department of Housing and medicine is totally justified. Urban Development. For example, cut- The PRESIDING OFFICER. Without The committee bill would pay for objection, it is so ordered. ting spending across the board this emergency funding by reducing wouldn’t do a thing to help us to begin Mr. BAUCUS. Mr. President, what is housing, veterans, and environmental the pending business? controlling now future obligations to programs. There is simply no logic to renew expiring section 8 contracts. The PRESIDING OFFICER. The doing this and not at the same time, pending business is the Mikulski These obligations will reach $20 billion equally distributing the funding reduc- annually by the year 2000. amendment. tions to other accounts. We will look Ms. MIKULSKI. How much time does This rescission package takes a rea- back on this day and regret this action. sonable approach to the HUD budget, the Senator desire? A vote is set at I do believe that we need to continue 1:15. which had been among the fastest to attack the deficit aggressively, and growing in the Federal Government Mr. BAUCUS. Mr. President, 2 or 3 so I continue to seek every reasonable minutes. over the past few years. We target the opportunity to do that. HUD rescissions to new obligations and Ms. MIKULSKI. Mr. President, I At the same time, I will oppose the yield 5 minutes. commitments, such as section 8 incre- motion to table the Mikulski amend- mental assistance. No one currently re- Mr. BAUCUS. Mr. President, I thank ment because of my very strong opposi- ceiving assistance should lose that as- the Senator from Maryland. tion to forcing multibillion-dollar—and sistance as a result of the rescission of Mr. President, the amendment by the what must be called draconian—cuts this funding. Senator from Maryland makes sense. It on housing and environmental needs. But if we fail to rein in new obliga- is a commonsense amendment. This is a dangerous precedent that we tions now, it is likely that down the The Senator’s amendment would set by insisting that unforeseeable, road—in a year or two—we may be spread the pain of the cuts across all catastrophic events must be paid for faced with the reality of not renewing areas of the government to pay for the solely by reductions in a very few ac- section 8 contracts or recapturing recent natural disasters. Under the counts—most notably veterans, hous- turnover section 8 units as they be- present system, all of the cuts needed come available because we will not ing, the environment, NASA, and na- to pay for these disasters must come have the money to do it. That would tional service. from her Appropriations subcommit- truly represent a reduction in the ENVIRONMENTAL SIMULATION FACILITY tee—that is, the VA, HUD Subcommit- housing assistance we now provide to Mr. SIMPSON. Mr. President, this tee. That is not fair. It does not make 2.8 million families receiving section 8. amendment would unfairly rescind sense to cut programs in this sub- As a rule, I would agree that all building and facilities money that was committee over $6 billion to pay for budget accounts should share equally finally committed 2 years ago to the these disasters. in meeting national disaster needs. Environmental Simulation Facility at Mr. President, I strongly agree that However, at this point, there is merit the University of Wyoming. Years ago, we should pay for these disaster in achieving the reductions in other the Wyoming Legislature resolved to supplementals. We should make cuts in ways that will reduce our future obli- assist the University of Wyoming in spending to pay for them and not add gations. matching the Federal grant of $9.2 mil- to the deficit. We have to pay for them Mr. ROCKEFELLER. Mr. President, I lion. This amendment would rescind and we should pay for them. But, applaud the Senator from Maryland for $1.1 million, a most vital part of the again, these cuts should not come only her leadership on this and many other commitment made by Congress to this from the programs in this subcommit- issues. important environmental project. tee. The Senator, as usual, raises argu- The laboratory, which is now in the So the amendment before us would ments which are, substantively and in- final planning stages, would provide re- spread these cuts across all programs. stitutionally, absolutely correct. Sim- search in surface and groundwater con- It would spread these cuts evenly. ply stated, the HUD-VA Subcommittee tamination caused by agricultural Mr. President, I would like to briefly programs—for housing, veterans, and chemicals. It will give us a testing fa- talk about the underlying amendment. the environment—should not be singled cility in which we can control key en- I do not agree with many of the cuts out to pay for emergencies which under vironmental conditions and apply seri- proposed in the underlying amend- law are to be considered emergency ous environmental management tech- ment. Some programs would be dra- spending. As my colleagues know, the niques to evaluate their effectiveness matically cut. For example, the safe President has declared the catas- and cost. As we work to bring about in- drinking water revolving loan funds trophes being funded in this supple- creased efficiency in our agricultural that States and communities really mental appropriation as emergency in conservation efforts—this facility will need, or clean water funds for sewage March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4773 and waste treatment projects that would like, again, to thank the chair- [Rollcall Vote No. 118 Leg.] States and communities rely on. man of the subcommittee for the cour- YEAS—68 Mr. President, we just passed an un- tesies. We have a long row to hoe to Abraham Feingold Mack funded mandates bill. An unfunded the next fiscal year. Ashcroft Frist McCain mandates bill that said we are not Bennett Gorton McConnell The PRESIDING OFFICER. The Sen- Bingaman Graham Moynihan going to add new mandates if we do not ator from Missouri. Bond Gramm Murkowski have the funds. Mr. BOND. Mr. President, I thank my Bradley Grams Nickles Brown The result of the cuts proposed in the ranking member for her kind com- Grassley Nunn underlying amendment would result in Burns Gregg Packwood ments. We have a lot more battles to Byrd Hatch Pressler a sort of defunded mandate. We will work on. We are working together on Campbell Hatfield Robb unfund mandates that exist. That is, Chafee Helms Roth we will take money away and dramati- many things. I would conclude by Coats Hollings Santorum cally cut safe drinking water revolving pointing out some of the differences in Cochran Hutchison Shelby our approaches. Cohen Inhofe Simpson loan funds and waste water treatment Conrad Inouye Smith projects. As I said, the Senator from Maryland Coverdell Jeffords Snowe I disagree with that. Mr. President, it would cut across the board, cut across Craig Kassebaum Specter the board. Her proposal, as best we can D’Amato Kempthorne Stevens seems we are not looking at the policy DeWine Kohl Thomas reasons for these cuts. Sometimes I calculate it, would take another Dole Kyl Thompson think we make cuts simply to say we $2.589—almost $6.2 billion in budget au- Domenici Lieberman Thurmond did so. thority from defense and $1.243 billion, Dorgan Lott Warner Faircloth Lugar Mr. President, I have noticed that or $1,243,000,000 out of outlays for de- our actions around here are entirely fense. NAYS—32 budget driven with no thought to the We are working right now on a de- Akaka Ford Mikulski policy considerations. We need to find Baucus Glenn Moseley-Braun fense supplemental which is vitally Biden Harkin Murray ways to reduce spending and reduce the needed if we are not to deprive our Boxer Heflin Pell deficit. But we need to do it wisely. Let fighting men and women of the sup- Breaux Johnston Pryor Bryan Kennedy Reid us stop and think before we act. Let us port, the ongoing assistance, that they think about the implications of our ac- Bumpers Kerrey Rockefeller need. This would be a disaster. We can- Daschle Kerry Sarbanes tions. not take more out of defense than we Dodd Lautenberg Simon Mr. President, I want to stress again Exon Leahy Wellstone that the amendment offered by the just did in the defense supplemental Feinstein Levin that is pending in conference right Senator from Maryland is an effort to So the motion to lay on the table the now. reduce the budget deficit and cut amendment (No. 421) to the amendment spending but spread the pain around. My good friend from Montana said it (No. 420) was agreed to. Everybody has to be part of this effort makes no sense; our proposal is not Mr. HATFIELD. Mr. President, I to pay for these disasters. policy driven. Unfortunately, he is move to reconsider the vote. Mr. President, our national motto is talking about something that is not be- I move to lay that motion on the ‘‘e pluribus unum,’’ one out of many. fore us because we have based the rec- table. We are all Americans, we are all in this ommendations in this measure brought The motion to lay on the table was together. We all have to find solutions from the Appropriations Committee on agreed to. together. That is what the people who policy. He was not able to get safe Mr. HATFIELD. Now, Mr. President, elected us want us to do—be reason- drinking water authorized for the last 2 I would like to propound a unanimous- able. Not partisan; not do just what the years. The money has not been used. consent time agreement for the Republicans want to do; not do just What we are rescinding is safe drinking Wellstone amendment which will be what the Democrats want to do—but water money that is not even author- now offered by the Senator from Min- think. We need to exercise common ized. We have left in the $500 million nesota, a 20-minute time agreement to sense. that the administration requests for be equally divided. Most people in my State of Montana next year, in hopes we finally can get The PRESIDING OFFICER. Is there do not care whether a candidate is Re- safe drinking water reauthorized. I objection? Without objection, it is so publican or Democrat. They vote for ordered. the person—the right person. That is strongly support the reauthorization. There is no sense in leaving money Mr. HATFIELD. I yield the floor. what the people want us to do. I Mr. WELLSTONE. Mr. President, I strongly urge Senators to consider the which cannot be spent because there is no authorization. thank the distinguished chairman of commonsense nature of the Mikulski the Appropriations Committee. amendment. I urge they support the The PRESIDING OFFICER. Under able Senator from Maryland and I yield the previous order, the Senator from AMENDMENT NO. 422 TO AMENDMENT NO. 420 the floor. Missouri is recognized for the purposes Mr. WELLSTONE. Mr. President, I The PRESIDING OFFICER. Who of making a motion. send an amendment to the desk. yields time? Mr. BOND. Mr. President, I move to The PRESIDING OFFICER. The clerk will report the amendment. Ms. MIKULSKI. Mr. President, I table the amendment before us. The assistant legislative clerk read thank the Senator from Montana for Mr. President, I ask for the yeas and as follows: his remarks. I thank him for his sup- nays. port of this amendment. He has had a The PRESIDING OFFICER. Is there a The Senator from Minnesota [Mr. very difficult job, trying to bring the WELLSTONE] proposes an amendment num- sufficient second? bered 422 to amendment No. 420: authorizing legislation to the floor. I There is a sufficient second. know there were many roadblocks The amendment is as follows: The yeas and nays were ordered. placed in the way of his excellent At the appropriate place, add the following The PRESIDING OFFICER. The skills, in both content and parliamen- new title: question is on agreeing to the motion tary procedure. So I thank him for this TITLE —IMPACT OF LEGISLATION ON support and upholding of the principle. to lay on the table amendment No. 421, CHILDREN offered by the Senator from Maryland. Mr. President, I have no further re- SEC. 1. SENSE OF CONGRESS. marks on the content of this legisla- The clerk will call the roll. It is the sense of Congress that Congress tion. I think one could see the very na- The assistant legislative clerk called should not enact or adopt any legislation ture of this debate is we could disagree the roll. that will increase the number of children on content, on precedent, and yet at The PRESIDING OFFICER. Are there who are hungry or homeless. the same time maintain great civility. any other Senators in the Chamber Mr. WELLSTONE. Thank you, Mr. I hope the Senate learned a lot in lis- who desire to vote? President; and I thank the clerk for tening to the exchanges here and, of The result was announced—yeas 68, reading the amendment. It is very sim- course, I hope my view prevails. But I nays 32, as follows: ple and straightforward. S 4774 CONGRESSIONAL RECORD — SENATE March 29, 1995 Mr. President, since I have had this food stamp benefits in 1993, up 51 per- tional and Nasty.’’ And here, right at amendment on the floor, I believe we cent from 1989. the side bar, ‘‘Those receiving welfare have had four votes, and this will be Please remember, Mr. President, we were likened to animals.’’ the fifth vote. The last vote, I believe, are now moving toward about one out Mr. President, let us be clear who we received 47 or 48 votes for the amend- of every four children being poor in are talking about when we are talking ment. This is my effort to just make a America. Every 30 seconds, a child is about welfare families, the AFDC Pro- personal, from-the-heart appeal to my born into poverty in our country, and gram. We are talking about women and colleagues. I want to give it context. one out of every two children of color children—sometimes men, but in the I do not think I will need more than are poor in the United States of Amer- main, single parents and children. Lik- 20 minutes because I have spoken about ica. ening women and children to animals this amendment before, except for the The Women, Infants, and Children is pretty vicious. In fact, I think there fact that I think I can bring it up to Programs provided nutrition assistance is no place for it. date with some more evidence which is to 6.5 million women, infants, and chil- But, Mr. President, this was the based upon what has happened in the dren in 1994, only 65 percent of those harsh rhetoric that led to some very House of Representatives, which is why who are eligible. frightening cuts. I believe people in the country are Here we have a program, Mr. Presi- And I would again cite another looking for the U.S. Senate to really go dent, if we are going to talk about hun- source, authoritative source, lest any- on record to give them some assurance ger and malnutrition, that makes sure body think this amendment is just about what we are going to do and not that women who are expecting children symbolic. The Center on Budget and do here. have a good diet. It is a program that Policy Priorities estimates that this makes sure that children at birth, in- Again, this amendment says: welfare reform bill would provide $2.3 fants, have adequate nutrition, and It is the sense of the Congress that Con- billion less for the School Lunch Pro- only 65 percent of the women and chil- gress should not enact or adopt any legisla- gram than under current law. That dren who are eligible are receiving this tion that will increase the number of chil- would mean that 2 million children assistance right now. dren who are hungry or homeless. would lose their school lunch in the Mr. President, may I have order in That is why I want the U.S. Senate to go on record that surely we will not year 2000. For Minnesota alone, 7,280 the Chamber, please? children could lose their child care by The PRESIDING OFFICER. The Sen- take any action that will increase the number of hungry or homelessness the year 2000. ate will be in order. The Senator may By the way, I have met, I say to my proceed among children in America. At least 2.1 million children were colleague from Oregon, with child care Mr. WELLSTONE. I thank the Chair. providers. I had a very dramatic meet- Mr. President, yesterday, the Chil- served by the Summer Food Service Program in 1994, less than 9 percent of ing, heartfelt testimony. They were dren’s Defense Fund issued their an- saying to me, ‘‘Senator, don’t cut into nual report, ‘‘The State of America’s those who participated in the School Lunch Program. this nutrition assistance because if we Children Yearbook, 1995.’’ Mr. President, on homelessness, one do not get that kind of funding, if we And, by the way, I say to my col- in four people reported as homeless is a do not get that kind of funding, we are leagues, there is a quote on the front of child younger than 18. One in four peo- not going to be able to make sure these this report that captures the spirit of ple reported as homeless is a child children have adequate nutrition.’’ this amendment. younger than 18. Nearly half of poor Mr. HATFIELD. Will the Senator Dear Lord, be good to me. The sea is so households pay more than 50 percent of yield? wide and my boat is so small. their incomes for housing. An esti- Mr. WELLSTONE. I am pleased to Mr. President, yesterday I went over mated 1.2 million families are on wait- yield. these statistics. In my State of Min- ing lists for public housing and claims The PRESIDING OFFICER. The Sen- nesota, Minnesota’s children at risk, of discrimination against families with ator from Oregon. 1989 to 1991, 60,615 children lacked children account for 23 percent of all Mr. HATFIELD. First all, I associate health insurance. There were 27,462 re- housing discrimination complaints. myself with the Senator’s comments ported cases of child abuse and neglect, I bring this amendment to the floor relating to priorities for children. 1992; 116 young men died by violence, of the Senate for the fifth time with a But, I say to the Senator, there is no 1991; 48 children were killed by guns, sense of history in the making right rescission relating to any of those sub- 1992; only 71.4 percent of 2-year-olds now. Mr. President, I want to give it in jects in this bill that we now have were fully immunized, 1990: 35 percent context. under consideration. In fact, you will of the fourth grade public school stu- Last week in the House of Represent- find in this bill that we have restored dents lacked basic reading proficiency, atives—and let me just read, if I may, programs such as the Low-Income En- 1992. from some major newspaper stories ergy Assistance Program that had a re- Mr. President, I am absolutely con- about what was done in the House of scission. vinced that the ultimate indictment of Representatives in the name of welfare So I think if you go through this bill, what we have been doing during the reform. this argument, this debate, this issue decade of the 1980’s and, on present The Washington Post, Saturday, would be more appropriately raised on course, part of the decade of the 1990’s, March 25, 1995. Introduction: ‘‘It was, a vehicle in which such action is pro- is the ways in which we have aban- perhaps, an unfortunate choice of im- posed, but not on this vehicle. doned children in this Nation, not in- ages.’’ Representative—I will not use Mr. WELLSTONE. Mr. President, I vested in children, and devalued the his name on the floor of the Senate— say to my colleague from Oregon that work of adults that work with chil- from Florida ‘‘held up a sign on the I appreciate his remarks. Let me make dren. House floor yesterday bearing the ad- a couple of points. In this report, ‘‘The State of Ameri- monition ‘Don’t Feed the Alligators’— I am fully aware of the fine work he ca’s Children Yearbook, 1995,’’ some wise advice in his State, he said, be- has done. Let me tell you, I also had key facts on hunger speak directly to cause ‘‘if left in their natural state, al- dramatic meetings with people back in this amendment. ligators can take care of themselves.’’ Minnesota who were terrified about the The U.S. Conference of Mayors sur- zeroing out of LIHEAP, the Low-In- Welfare worked the same way, he ex- vey of 30 cities found that emergency plained, because ‘‘unnatural feeding and ar- come Home Energy Assistance Pro- food requests from families with chil- tificial care create dependency. gram. They, and I, are very appre- dren increased by an average of 14 per- ‘‘Now people are not alligators,’’ he added, ciative for what the Senator has done. cent between 1993 and 1994. Emergency ‘‘but I submit that with our current handout, I appreciate some of the fine work he food requests from families with chil- nonwork welfare system we’ve upset the nat- has done. That is why I am actually dren increased by an average of 14 per- ural order.’’ referencing this amendment based cent between 1993 and 1994. A record Mr. President, from the Philadelphia upon what was done in the House of level of 14.2 million children received Inquirer, ‘‘Debate in House Gets Emo- Representatives last week. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4775 I have offered this sense-of-the-Sen- it is now. If there ever was a time that bringing this amendment to the floor ate amendment on any number of dif- people in the United States of America of the Senate to have votes. ferent vehicles because I fear the worst are looking for some reassurance that, I will conclude by reading this one is yet to come, and I am trying to get in the name of deficit reduction, in the more time: us, the U.S. Senate, to provide some re- name of reducing debt for our children It is the sense of the Congress that Con- assurance to the Nation by going on today, who will be adults in the future, gress should not enact or adopt any legisla- record that we do not intend to take we do not savage children now, it is tion that will increase the number of chil- action that will create more hunger now. That is the why of this amend- dren who are hungry or homeless. and homelessness. This is not meant to ment. I do not know why we cannot support be a direct critique or criticism of this I say to my colleague that as I look that. The last time, Mr. President, rescissions package. at the proposed cuts coming out of the there were a number of my colleagues The PRESIDING OFFICER. The Sen- House of Representatives, I ask the from the other side who supported this ator’s 10 minutes has expired. basic question, which is a question amendment. It is my fervent hope that Mr. WELLSTONE. Mr. President, I near and dear to people in this country, today I can get a majority vote. I think believe it was 20 minutes. and it has to do with fairness. it would be a wonderful message. I The PRESIDING OFFICER. It was 20 I said this the other day. There is a think it would be reassuring to people minutes equally divided. budget deficit, but there now is a spir- in the country. Mr. HATFIELD. Mr. President, I will itual deficit. Who decided that we were I have no ‘‘hidden agenda.’’ I just feel yield time to the Senator to conclude going to cut into nutrition programs strongly about what these statistics his subject. for children but we are not going to cut mean in personal terms. I just feel Mr. WELLSTONE. I thank the Sen- subsidies for oil companies? strongly that part of what we are doing ator from Oregon. I will also say to my Who decided that we were going to in this Congress is going in the wrong colleague, there will be, as we go along eliminate benefits or dramatically re- direction. I just feel strongly that if this week, maybe this week, some al- duce benefits for disabled children? I there is going to be deficit reduction ternatives and discussion about some am now meeting with their families and we are going to move toward bal- of the specific rescissions. But this from Minnesota, and they are terrified. amendment, this sense-of-the-Senate I do not want anybody in the Senate to ancing the budget, we ought not go the amendment, is an amendment to which say I have tried to frighten people. path of least political resistance. I am very committed. People are calling me and people are You have been a leader, I say this to I am taking a look at what has hap- terrified on the basis of what they the distinguished chairman of the Ap- pened in the House of Representatives. read. propriations Committee, on these is- I believe that really all eyes of the Na- Who decided to cut into support for sues. This is no lecture aimed at you. tion are on the U.S. Senate. I think it disabled children in this country but You are somebody who I look up to. is our responsibility to make sure that not to cut subsidies for pharmaceutical But my concern is that what is going what we do as we move toward deficit companies? to happen, Mr. President, is that when reduction, as we move toward the goal Who decided to cut into educational it gets down to where these cuts take of balancing the budget, though I have programs for children but not to cut place, we are going to go the path of always argued that 2002 is an unrealis- into subsidies for coal companies? least political resistance. That is to tic date. I have never heard anybody, I will say it one more time, some peo- say, all too often the cuts are going to especially once you take Social Secu- ple are very generous with the suffer- be aimed disproportionately at those rity and put it aside, talk about how ing of others. citizens who are least able to tighten you really could take $1.7 trillion out So I say to the distinguished chair- their belts. But the reason they are of this economy over 6 or 7 years with- man of the Appropriations Committee, going to be aimed disproportionately out an enormous contraction and with- this is the fifth time that I have at citizens least able to tighten their out inflicting widespread pain across a brought this sense-of-the-Senate belts, starting with children—I can broad section of the population. amendment to the floor. When I also include the elderly and also in- But I believe in the goal of balancing brought this amendment to the floor at clude other citizens—is because they do the budget. I certainly think we have the beginning of the Congress, there not have the political clout. They are to do better on deficit reduction. But were colleagues who said this is just not considered to be the heavy hitters. what I am saying today, I say to my symbolic. They are not considered to be the play- colleague from Oregon—a Senator I ad- Each time I have brought this ers. They are not the big campaign mire and respect and whose vote I hope amendment to the floor of the Senate, contributors. They are all too often in- to get on this—as I look at what is hap- I have referred to the House of Rep- visible. They are all too often faceless. pening in the House of Representatives, resentatives. This does not directly ref- They are all too often voiceless. as I analyze where these cuts are tak- erence the work of the Senator from But there is a lot of goodness in this ing place, I see a tremendous amount Oregon in this rescissions bill. I have country, and there is a lot of goodness of meanness and harshness, and there some concerns about some of the hous- in this Chamber. I think that if the is tremendous concern in the country. ing cuts, to be sure. But I understand U.S. Senate goes on record just sup- So when I read the Children’s Defense the job that you have done, and I re- porting the sense-of-the-Senate amend- Fund report, No. 1, about the state of spect what you have done. But this is ment that I have offered today, it will children, when I see Minnesota chil- an amendment that fits in with what is be a positive, unifying vote for this Na- dren at risk, when I have come to know going on in this Congress. tion. my colleagues, Democrats and Repub- I say to my colleagues, my colleague Mr. HATFIELD. Mr. President, what licans alike, and believe that is not from Oregon and my colleague from is the time left? what we are about but it is, in fact, Mississippi, both of whom I respect, The PRESIDING OFFICER. The Sen- worsening the situation of children in that I really believe that people are ator from Oregon has less than 1 America, when I then see some of the looking to us for balance. People are minute. action that has taken place in the really looking to the U.S. Senate to Mr. HATFIELD. Mr. President, I sug- House of Representatives and I look at make sure we do not go too far. People gest the absence of a quorum. the economic analysis of that action, I are really looking to the U.S. Senate to The PRESIDING OFFICER. The realize full well that if there ever was make sure that this does not become a clerk will call the roll. a time that people in the United States mean season on children. The legislative clerk proceeded to of America are looking to the U.S. Sen- People are looking for reassurance. I call the roll. ate for balance, it is now. have tried to get a majority vote. I Mr. HATFIELD. Mr. President, I ask If there was ever a time that people made a promise to myself, I made a unanimous consent that the order for in the United States of America are promise to my colleagues, I made a the quorum call be rescinded. looking to the U.S. Senate to make promise to children’s advocates, I made The PRESIDING OFFICER. Without sure the Congress does not go too far, a promise to children that I will keep objection, it is so ordered. S 4776 CONGRESSIONAL RECORD — SENATE March 29, 1995 Mr. HATFIELD. Mr. President, I ask Mr. HATFIELD. Mr. President, I diligence, worthy of the confidence and unanimous consent for 2 minutes to yield the floor. trust that the people of Alabama be- close. The PRESIDING OFFICER. All time stow upon me. The PRESIDING OFFICER. Without has expired. Throughout my years in the Senate, objection, it is so ordered. Mr. WELLSTONE. Mr. President, I I have endeavored to stay in touch Mr. HATFIELD. Mr. President, I un- would like to thank my colleague, the with the people. I have visited each of derstand the thrust of the amendment distinguished chair of the Appropria- the 67 counties in Alabama at least of the Senator, and I do not think any- tions Committee. I have been at this a once a year, except for one year when body can disagree with the essence of long time with this amendment, and I I spent considerable time in the hos- it. It is a sense of the Senate, or a am very, very pleased with this result. pital during the recess periods. I have sense of the Congress. Let me also indi- The PRESIDING OFFICER. Under listened to Alabamians from all walks cate, Mr. President, I think the mes- the previous order, the question now of life on every conceivable issue in sage that the Senator wants to send to occurs on the amendment. over 1,000 town meetings and 500 high the public is that we have stated an ac- The amendment (No. 422) was agreed school visits. tion in this bill, for we have not in this to. I have endeavored to represent Ala- bill rescissions relating to the subject Mr. HATFIELD. Mr. President, I bama in a studied, impartial, and fair- matter of children. Therefore, I think move to reconsider the vote. minded manner. My record certainly we can say that this is a powerful Mr. WELLSTONE. I move to lay that statement the Congress is sending to motion on the table. indicates at least an independent the people as well. The motion to lay on the table was streak. I hope Alabamians know that I want to just indicate two or three agreed to. my decisions were based on what I thought was in the best interest of my items as an example of the focus the f Senate Appropriations Committee put State and Nation. While some may on the rescissions. First, the rescis- ANNOUNCEMENT OF INTENDED argue or disagree with my decisions, I sions were basically in the unobligated RETIREMENT was convinced that I was right. And I funds. Second, we were not only con- Mr. HEFLIN. Mr. President and believe most Alabamians felt that cerned about children and young peo- Members of the Senate, all Members in nothing more could be expected of me. ple. We have in this a far, far different the Senate are faced with making dif- My service in the U.S. Senate has document than the rescissions on stu- ficult decisions almost daily. This day been rewarding, and I trust of benefit dent aid, as it relates to the elderly marks one of the most difficult deci- to the people of America and Alabama. and the needs of the elderly and low-in- sions I have been faced with during my I am indeed grateful that America come energy assistance. 16-plus years in this body. After wres- faces no immediate threat to her bor- I think this document represents a tling with this decision for some time, ders from foreign military powers. I am very powerful statement to the public I have decided not to seek reelection in particularly proud of the role that I of this country that we have put a 1996, and to retire from elective office played in rebuilding our Armed Forces focus upon people’s needs, and that we at the end of my term. Simply put, the and military strength during the after- have shown the compassion, the con- time to pass the torch to another gen- math of the Vietnam war. This com- cerns, for people’s needs in this par- eration is near. mitment on the part of our Nation con- ticular document. I have undergone a series of medical tributed to the collapse of the old So- At the same time, we have reduced examinations by specialists in recent viet Union and its Communist philoso- our spending for this particular fiscal months. While I have problems, never- phy. This commitment proved itself year by $13.5 billion. theless, my health is good, and I am as- again during the Persian Gulf war. So I am ready to accept the amend- sured I face no predictable crisis. I con- With my own experiences in World War ment offered by the Senator as a sense tinue to work as I have throughout my II and observations since that time, I of the Congress and take it to con- adult life. While in Washington, I spend felt compelled that we must at all ference. 1 6 ⁄2 days a week in the office; and while times endeavor to obtain lasting peace, I thank the Senator for his compas- in Alabama, a similar amount of time and that the only road to achieving sion and for his passionate plea on be- is devoted to Senate duties. My health this goal was and is through strength. half of this. I think it certainly is in problems have not slowed me down, I am particularly proud of my efforts concert and certainly represents the and I do not expect any change in my in other areas, such as agriculture, the work of the Appropriations Committee work habits in the foreseeable future. in focusing upon people’s needs—not This has not been an easy decision judiciary, education, improved race re- just children, but the elderly and other because I have always enjoyed cam- lations, technology advancements, people, as well. paigning, and the desire to once again medical research, family values, the Mr. WELLSTONE addressed the hit the campaign trail is a powerful war against crime and drugs, the space Chair. urging. I have been particularly grati- program, ethics in government, and The PRESIDING OFFICER. All time fied with the overwhelming offer of many other fields. has expired. volunteered support from Democrats, The agriculture community, while Mr. HATFIELD. Mr. President, I ask Republicans, and independents alike small in number, is considerably better unanimous consent that the Senator urging me to run again. I believe I can off today than when I came to the Sen- may have another minute. be reelected, perhaps not with the high ate in 1979. During my years on the Ag- The PRESIDING OFFICER. Without percentage of more than 60 percent of riculture Committee, we have been objection, it is so ordered. the vote that I have received in my last able to craft farm policy which pro- Mr. WELLSTONE. Mr. President, I four primary and four general state- vides market stability and allows U.S. thank the Chair. wide elections, but I am confident I farmers to aggressively pursue inter- Mr. President, actually, what I would could win by a good majority. national markets. At the same time, like to do is I would like to get to this There are numerous factors that these farm programs have dramatically vote. But first I would like to suggest have entered into my decision. There is reduced the cost to the U.S. Treasury. the absence of a quorum. no compelling reason to go into detail This year may prove to be the most The PRESIDING OFFICER. The about these factors, other than to say crucial for the American farmers with clerk will call the roll. that in fairness to any who may seek the well-organized effort in this Con- The legislative clerk proceeded to to succeed me the time to make my an- gress to abolish farm programs that call the roll. nouncement is now. have worked well for the consumer as Mr. WELLSTONE. Mr. President, I At the conclusion of my term, I will well as the farmer. ask unanimous consent that the order have served the people of Alabama for As most of my colleagues know, I for the quorum call be rescinded. 24 years, and I hope that I will be came to this body after serving as The PRESIDING OFFICER. Without looked upon as a public servant who Chief Justice of Alabama. I brought to objection, it is so ordered. has served with dignity, integrity, and the Senate a desire to achieve much March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4777 modernization and reform in our Fed- done and the job that I know they will emulated. Indeed, Mr. President, if I eral courts. My efforts have been fo- continue to do during the remaining had to make a two-word speech against cused on improving the Federal judi- months of my service in the Senate. term limits, it would probably be cial system and relieving court conges- No one knows what the future will ‘‘HOWELL HEFLIN,’’ because HOWELL tion in criminal and civil matters. I be, but I plan to return to my beloved HEFLIN’s leaving this body will make it have always subscribed to the expres- Alabama and devote more of my time a decidedly lesser place. sion, ‘‘Justice delayed is justice de- to the people in my life that I treasure There are other words that come to nied.’’ We have been successful to a the most—my devoted and lovely wife mind when you think of HOWELL HEF- major degree in our efforts to achieve Elizabeth Ann, who is affectionately LIN. Clearly integrity has to be one, be- these goals. However, much remains to also know as ‘‘Mike’’—my son Tom and cause his is an integrity so strong that be done. This country’s system of jus- his wonderful, talented, and beautiful nobody would ever seek to disparage it. tice today faces one of its greatest wife Cornelia—and, Mr. President, the Indeed, no one would seek to defend it. threats in the Congress. The founda- two finest grandchildren a person could I mean, you do not have to say HOWELL tion of our civil justice system and be blessed with, Wilson Carmichael HEFLIN is a man of integrity because more than 500 years of the development Heflin and Mary Catherine Heflin. Wil- that would be redundant. Everyone of common law are under attack, in- son is known to his ‘‘Pop’’ as ‘‘Wil,’’ knows that. It emanates from every cluding the right of trial by jury. We and he calls his sister ‘‘K.K.’’ because pore in his body, from his history and will continue the battles to improve he says Mary Catherine is too much of from his lifetime of work. the administration of justice, as well a mouthful. I do not wish to omit from He was, indeed, the first choice of al- as maintain its historic role of protect- the treasured list my other friends and most everyone to be a member of the ing the weak, the minorities, and the relatives in Alabama, particularly Ethics Committee. defenseless. those in the Shoals area. Mr. President, clearly in describing Mr. President, for 13 years I served I will enjoy living the remainder of HOWELL HEFLIN, you would have to on the Senate Ethics Committee—two my days in my hometown, for refer to his sense of humor. It is leg- periods as chairman. My service on the Tuscumbia, AL, is a wonderful little endary. It occasionally erupts here on Ethics Committee can be described town to be from and it is the best little the floor of the Senate. More com- with many adjectives, none of which town in America to go home to. monly, in political speeches back in include enjoyable. From the descrip- Mr. President, while my career and Alabama. I would hate to be the object tion ‘‘of how it used to be,’’ I would work here in the Senate is yet to be of his wit, either in Alabama or any- have to say that I am convinced that completed for I still have much to do, where else, because, while it is gentle the Senate has made great strides in I, nevertheless, thank the people of and while it is funny, it can be, indeed, ethical behavior and standards during Alabama ‘‘who I so dearly love’’ for the devastating. my time in this body. While there is faith and trust bestowed upon me I will never forget the story of the still room for much improvement, I which allowed me to serve as Chief Jus- Grey Poupon, the way that HOWELL am, nevertheless, convinced that the tice of Alabama for 6 years and as a HEFLIN could describe to those who Senators now serving are the most eth- U.S. Senator for three terms. I also thought themselves too sophisticated ical in the history of the Senate. thank my Creator for the blessing of to be from Alabama, and the way he During the last several decades, in- health during my three score and thir- could use that humor to not only en- cluding the time that I have spent in teen years thus far, and for having the lighten and to lighten the debate, but the Senate, there has been much im- opportunity to serve this great Nation also as a tremendous political weapon. provement in civil rights. However, and my fellow citizens. Mr. President, this Senate will not be race relations continue as a divisive Thank you, Mr. President. the same when HOWELL HEFLIN leaves. issue in numerous ways. The path to- Several Senators addressed the It simply will not. It will be a much ward the achievement of equal oppor- Chair. lesser place. I will be leaving as well. tunity for all persons, regardless of The PRESIDING OFFICER (Mr. So it is not that I will miss him. I will race, color gender, or creed, has many FRIST). The Senator from Louisiana. enjoy service with him for the next miles to go. We foster democratic prin- f year and 8 months. I hope he completes ciples throughout the world and have his agenda, as I hope I complete mine. seen democracy make great strides in HOWELL HEFLIN But, Mr. President, for I think dec- many nondemocratic countries. Yet Mr. JOHNSTON. Mr. President, as ades to come, people of Alabama will our own democracy faces its greatest most Members of this body, I received revere the service of one Chief Justice threat from within. Elected officials, word of Senator HEFLIN’s retirement HOWELL HEFLIN and one Senator HOW- media personalities, elements of politi- just a few moments ago. As I began to ELL HEFLIN, one of the most outstand- cal parties, and other organizations contemplate his service here, I won- ing Members this body has ever pro- strive to pit one group of Americans dered what was the single word that duced. against another. We must set a new best epitomized Senator HEFLIN’s serv- Several Senators addressed the course in this Congress and across the ice. Mr. President, the word that came Chair. land—a course of moderation, toler- to mind first was ‘‘wisdom.’’ The PRESIDING OFFICER. The Sen- ance, responsibility, and compassion. Wisdom is a rare thing. It is acquired ator from South Carolina. We need to return to the traditional genetically, and our Creator has been Mr. HOLLINGS. Mr. President, there value of being just plain neighborly. very generous with Senator HEFLIN in is one word that comes to my mind, I Not until we become genuinely ‘‘one endowing him with a huge amount of say to the Senator from Louisiana, and Nation under God, indivisible, with lib- wisdom and a huge amount of ability. that is character. Certainly, HOWELL erty and justice for all,’’ can this coun- It also is born of experience, and hav- HEFLIN is an individual with the high- try realize its potential for true great- ing served the people of Alabama now, est of integrity and, yes, humor. But it ness. both as chief justice and as a Member has to be said, I am glad the Senator I am proud of my staff. I have always of this body, for some 23-plus years, he from Louisiana did not continue on been proud of my staff. Most of them has acquired both the skill and the about HOWELL’s humor, because most have come from Alabama but, regard- knowledge, along with that genetically of those stories could not be told on less, all have worked with devotion, inspired wisdom, to be, indeed, one of the floor of the U.S. Senate. dedication, and professionalism. They the wisest Members of this body. We should all remember his work on have worked with me to assist thou- In fact, if the Senator from Alabama the Ethics Committee and the out- sands of Alabamians—and I might say rises on any issue in this Senate, not standing job that HOWELL HEFLIN did thousands of Americans outside of Ala- only do Members of the Senate listen, as chairman. It is a very thankless bama—in every imaginable area. Staff but as far as this Senator is concerned, task. members seldom receive praise, but I he almost always follows, because Sen- The idea of any kind of farm legisla- thank them from the bottom of my ator HEFLIN is seldom wrong and is tion and, as the Senator mentioned heart for the great job that they have someone whose wisdom is greatly to be earlier, anything concerning peanuts. S 4778 CONGRESSIONAL RECORD — SENATE March 29, 1995 He will knock all of these desks to the what happened with the line-item veto. Senator from Alabama. I hope on this floor to make sure the peanut farmers I have sponsored line-item veto legisla- side of the aisle that I can claim the are taken care of. tion for some 10 years. I have a bill, S. right to miss him more than any other In addition, we have been blessed 238, that was referred to the Rules Republican might miss him, because with his incredible expertise as a mem- Committee just this year. The Repub- for 15 years, I have had the chance of ber of the Judiciary Committee. We licans had an intramural between working with him on a subcommittee know him as a former chief justice, the themselves over two different rescis- of Judiciary. At various times, the most outstanding of the State chief sion bills, and when they worked out a committee has been entitled Adminis- justices, elected so by his own compromise, they had basically settled trative Practice and Procedure; at an- confreres. At international con- on my bill. It is in the Rules Commit- other time, Courts, and this time, ferences, he has supported the United tee, a separate enrollment line-item Oversight and Courts, I guess. I was States in Europe and NATO with tre- veto. But I never claimed that on the chairman of it from 1980 to 1986. He was mendous distinction. floor of the Senate. I was afraid that chairman for the last 8 years, and when But in addition to honoring his out- the partisanship was so violent that the Republicans gained control of the standing record, let me just dwell on some would vote against it if they Senate, I became chairman again. two things: First, I traveled the State heard that my name was even con- So I have either been ranking mem- of Alabama during the Presidential nected with the blooming thing. It has ber or chairman with the distinguished race some 10 years ago. And in my gotten that bad. Senator for now going on my 15th year. travels, I found out was that HOWELL I think in this distinguished states- I can say that it has been a pleasure HEFLIN is a common man of uncommon man’s departure, he is emphasizing an working with him. It has been a pleas- abilities. He knows everybody in that awfully important thing—American in- ure because there has not been any State. I can tell you, he is not leaving dustry and catching up with the global friction. It has been a pleasure because because he cannot get reelected. That competition. We have learned, in qual- he does not think in a partisan way. It fellow could walk back in here. The ity production, that the best way to has been a pleasure because he knows a rest of us have to fight our way. compete is to have the lowest elements great deal about the law and, for a Incidentally, I am not joining you involved in production and working in nonlawyer like me, it gives me an op- two at all. I am fighting to stay here. teams. I have seen the Japanese, and portunity to have a great deal of con- But Senator HEFLIN knows them all. have come to see that teamwork in in- fidence that the product that comes He knows every element of that soci- dividual industries in my own State of out of that committee, whether I am ety. He has never outgrown—being a South Carolina. Industry now has chairman or whether he is chairman, is chief justice or U.S. Senator—his hum- learned how to get quality production. going to be a good product. I think an ble beginnings in Tuscumbia. That al- The political body has gone totally in example of that good product is the ways impressed me, because I met with the other direction, with no idea of bankruptcy reform legislation that was people in every county in that particu- working together. Who can get whom? passed over in the last Congress. lar State and every particular group, Who can get on the 7 o’clock news? Not too many people in this body pay from the legislature to the Governor, Who can catch the other fellow? And too much attention to bankruptcy leg- down to the civic organizations and the whatever else it is. The legislation that islation. It is not the sort of legislation defense organizations at Huntsville, we spew out shows it. It is not quality. that keeps you awake when you are where HOWELL has been a leader. It is not production. reading and considering some of its as- But I want to emphasize his message HOWELL HEFLIN has left us a most pects. But he worked real hard on that, here. I am quoting what he just said: important message. I will not read all and I hope I worked helping him as the We foster democratic principles. Through- of it. I know others here are waiting. ranking member to get a bill that out the world scene, democracy has made But our distinguished colleague was would be passed. great strides in many nondemocratic coun- president of the Alabama State Bar As- That is one example of the hard work tries. Yes, our own democracy faces its sociation. He was selected the Most that he has done where there is not greatest threat from within. Elected offi- cials, media personalities, elements of politi- Outstanding Appellate Judge in the public attention given to it. But he cal parties, and other organizations strive to United States in 1976. He served his does not do his work because he cares pit one group of Americans against another. chairman of the National Conference of about the public attention. He does his We must set a new course in this Congress Chief Justices; was a member of the work because he wants to do the job and across the land, a course of moderation, college faculty at William & Mary, the right and according to the Constitution tolerance, responsibility, and compassion. University of Alabama, and the Univer- and what is good public policy. I have When I first got over here, we were sity of North Alabama. He received the known that to be his characteristic in seated on those last two seats. I was Outstanding Service to Science Award these years that I have worked with seated next to Bobby Kennedy. We had from the National Association of Bio- him on this committee. But most im- better seats in ‘‘My Fair Lady.’’ We medical Research; National Veterans portantly through the work on the were voting, and I got a tap on the Award; the Henry Jackson Senate committee, I have been able to develop shoulder. I looked around, and it was Leadership Award; the Justice Award a friendship with him. It is the sort of the senior Senator from Kentucky who and Harley Award, American Judica- friendship that is going to have a crack was tapping me on the shoulder. He ture Society; the Wernher von Braun in it when he is not here in succeeding said, ‘‘Fritz, change that vote, change Space Award; the James Madison Congresses. He knows there is a lot of that vote.’’ I said, ‘‘John, what do you Award of the National Broadcast Edi- legislation he is going to be working on mean?’’ He said ‘‘Well, they got a lot of torial Association; 12 honorary degrees. with me over the next 20 months. I horsemen there in South Carolina, and The Senator from Louisiana is ex- look forward to working with him. But I know many.’’ He said, ‘‘That would be actly right. If I had to answer this non- I was also looking forward to working a bad mistake. They like you, and I sense of term limitations—which inci- with him much beyond that. So I am would hate to see you get in trouble dentally is included in the U.S. Con- going to miss him but I wish him well. with them.’’ John Cooper had come all stitution, but seems like a new idea—I Mr. EXON addressed the Chair. the way around the Chamber. He had a would answer it with two words. ‘‘HOW- The PRESIDING OFFICER. The Sen- seat way on the back of the other side ELL HEFLIN.’’ ator from Nebraska. and had come over to this side. I thank you for that expression. That Mr. EXON. I thank the Chair. The tremendous change that Senator is exactly what I have in mind. Just let me add a few brief words in HEFLIN has emphasized here in his an- Several Senators addressed the salute to HOWELL HEFLIN—truly a son nouncement of departing is certainly Chair. of the Old South who I think is of as noteworthy. In these times, it seems as The PRESIDING OFFICER. The Sen- much distinction as all of the other if we meet in ambush every Tuesday to ator from Iowa. great southerners who have served in get the other side. Mr. GRASSLEY. Mr. President, I am the U.S. Senate. He is far more than A perfect example of what I am talk- sorry to get the news of the retirement just a southern Senator. He is a U.S. ing about can be seen by focusing on of my good friend and distinguished Senator. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4779 Certainly I wish to say to Mike and on fighting. He pointed out the hill to But then there are those constructive HOWELL HEFLIN from both myself and me where he took his second hit. He leaders who come to this Chamber with my wife, Pat, we came here together spent relatively little time there be- a true belief that they can do good for and we will be leaving together. When cause he was evacuated to the United others, with an understanding of the I think about things like that, Mr. States where he spent considerable importance of Government, and with President, I cannot tell you about any- time in the hospital. the belief that we can really look for- one in this body that I think more ex- This is a side of the proud HOWELL ward to making the next generation emplifies the term a true workhorse HEFLIN that I know. That is a side that and the generation after that one bet- and not a show horse of the Senate. I want his colleagues to know about ter than the one that is currently occu- Mike and HOWELL HEFLIN have been and Americans to know about in addi- pying this great land. I think that was close friends and associates of the tion to all his other outstanding ac- what HOWELL HEFLIN came to do 18 Exons lo these many years. However, it complishments. He is one of those who years ago. is far more than just our personal rela- serves his country in time of need, and As I look over all of our colleagues in tionship I have treasured. I have treas- we must never forget that. the Senate, I must say I cannot think ured also the professional working re- So to you, HOWELL, and to Mike, the of anyone who has been more construc- lationships we have had in the Senate. best from Pat and I for our close asso- tive in his approach. The tributes that And I think when the rollcall of votes ciation. And I point to people like you, have already been made here on the are summarized you will likely see HOWELL, as I have talked about before. Senate floor to the character of Sen- that HOWELL HEFLIN and JIM EXON One of the most wonderful things about ator HEFLIN, I believe, are illustrative probably voted as close alike as any being involved in politics—and I have of that fact. other Members of this body, which I been involved in it about the same Democrats and Republicans under- know we have been very proud in serv- amount of time as you—were it not for stand the contribution that HOWELL ing. my involvement in politics there is not HEFLIN has made. They understand his I wish to cite something personal one chance in 2 trillion that I would constructive approach. They under- about HOWELL HEFLIN that not very have ever met HOWELL and Mike Hef- stand why it is he came here in the many people know. A few years ago I lin. Having met them, having known had an opportunity to lead a delegation them, known of their stature, their first place. They understand the tre- mendous reputation that he has estab- to the Pacific area. HOWELL HEFLIN character, having had them as friends, went along. We stopped in Guam for re- means a lot to one as you look back on lished as a result of that approach. And fueling en route to Manila, and there your life and see what really has been they are fond of calling him their was to be a brief ceremony for HOWELL important. friend. HEFLIN that I knew nothing about I am not going to cite all of your ac- We look forward to at least 18 more when we landed there. complishments, HOWELL, because that months of that kind of constructive It was anything but a brief cere- has been done so very, very well by participation, that kind of leadership, mony. It was obviously one of the most your friends and colleagues who have the kind of dedication to his job that important ceremonies that the Island spoken before me in this Chamber in he brings to work each and every day. of Guam had had, I suppose, since the this regard today. And we have that realization that we American forces drove out the Japa- I simply say that one of the great have the good fortune to work with nese from that island during the war in treasures of my life has been knowing him for at least 18 more months in this the Pacific. There was a big entourage you, seeing you serve with such dis- capacity and perhaps in other capac- of cars. I could not imagine what was tinction, knowing of the great grati- ities in public life, as well. going on. Finally, I began to get the tude of your fellow Senators on both But I want to share my best wishes feel of things. They wanted to take us sides of the aisle for the important role and hope that he and his family, as out to the beach where the American that you have played in the Senate, wonderful as they are, have many, marines landed when the United States representing your great State so very, many years to enjoy the wonderful life of America started taking back that very well, but even more so by an ex- that HOWELL has dedicated not only to very important and strategic island. cellent, outstanding individual who re- this Senate but to them as they go We went out to the beach, and we saw sponded to duty early in life when you forth with their new future. where they landed, the difficulty they served in the Marines; saw and dis- Someone once said that life has no had in landing there with the coral charged your duties as well here in the blessing like that of a good friend. reefs that had not been researched very Senate as you did in Guam. God bless HOWELL HEFLIN has been a good friend well obviously from a landing stand- and God keep you. to the people of Alabama, to the people point. We went to the museum out on I yield the floor. of this Chamber, to the people who the beach. This was all about HOWELL Mr. DASCHLE. Mr. President, I rise have had the good fortune to know him HEFLIN. When we went over to the as well to express my disappointment now for some time. I wish him well. beach itself, there was a small Navy but as well my very best wishes to our Several Senators addressed the band. There was a small tent with peo- dear colleague, HOWELL HEFLIN, with Chair. ple from the Island of Guam who were his announcement this afternoon. I The PRESIDING OFFICER. The Sen- there when the Americans landed. have known him as a member of the ator from Illinois. A very touching sight. There was a Senate Agriculture Committee for a Mr. SIMON. Mr. President, I was in big sign out there that I shall never long period of time, and all of us have my office when my press secretary forget. It said, ‘‘Welcome Back Our had the good opportunity to work with called and said, ‘‘HOWELL HEFLIN is an- Liberating Hero, Lt. HOWELL HEFLIN.’’ him in so many different capacities nouncing he is not going to run again.’’ The mayor was there; the Governor over the last 18 years. I turned on that TV set to hear at least was there; a little Navy band was We come to this Chamber as Repub- part of what he had to say. there. They gave us a flag. And, of licans and Democrats, R’s and D’s, but HOWELL HEFLIN has made a real con- course, the big man of the moment was I think once we are here we become tribution to this body and to the Na- HOWELL HEFLIN. known not as R’s and D’s necessarily tion. One of the ways he has made a Because of all his other accomplish- but C’s or D’s, constructives or contribution is that he has taken his ments, HOWELL HEFLIN, without very destructives. job as Senator seriously, but he has not much fanfare—and I suspect maybe There are some who for whatever taken himself too seriously. And I most of his colleagues in the Senate do short-term political gain may be in- think that is very important. not even know about it—early on he clined to be destructive to the political He has a great sense of humor. Well, was one of those marines, Lt. HOWELL or legislative process. Unfortunately, there may be some disagreement on HEFLIN, who was part of the assault there are all too many cases that come that here, whether he has a great sense force of the Americans landing to take to mind as we think about destructive of humor or not. But, you know, you Guam from the Japanese. He was efforts that have gone on sometimes get talking with him about an issue wounded in the initial assault and kept with no good reason. and all of a sudden he will say, ‘‘Well, S 4780 CONGRESSIONAL RECORD — SENATE March 29, 1995 that reminds me of the Methodist min- of their decision to send HOWELL HEF- from traveling with me, I feel the same ister,’’ and you are on a story. And all LIN to the U.S. Senate. roots in my own State of Vermont. We of a sudden, the tension in the situa- Mr. LEAHY addressed the Chair. are blessed because we both know we tion has been deflated. That sense of The PRESIDING OFFICER. The Sen- have a hometown to go home to. He humor and ability to laugh at yourself ator from Vermont. will get there a little bit ahead of me, and still take your job seriously, I Mr. LEAHY. Mr. President, I will but I think how fortunate he is to have think, is important. speak later in greater detail about Sen- that. How fortunate his own State of Both Senator GRASSLEY and Senator ator HEFLIN, but I would like to say a Alabama has been to have him, a voice HOLLINGS mentioned something else couple of words about my good friend of sanity, of reason, of moderation, in that I think is important, and that is HOWELL HEFLIN. the best sense of the word, on the Sen- he is partisan but not excessively par- When I became chairman of the Sen- ate Judiciary Committee; a voice tisan. We have too much partisanship ate Agriculture Committee, I went to where he is a strong advocate for his today in this body. We have to be look- HOWELL HEFLIN and said, ‘‘I’m going to State but still looking to be an advo- ing at issues and making judgments on need your help and advice regarding issues. I am not suggesting either commodities from your area. As we cate in a way that can help reach con- party is more guilty of this than the write farm bills, I’m going to need to sensus with other Senators. His goal other. We both have our problems here. know how they will affect Alabama.’’ I was not to win for the sake of winning, I can remember very distinctly when knew, even after a short while, I could but to win because it was the right I first met HOWELL HEFLIN. I was asked always call on him for such help. thing. to go down to speak in the State of I sit next to him on the other side I admire that as I admire both he and Alabama. Hubert Humphrey, some of from PAUL SIMON in the Senate Judici- Mike have been good friends of you will remember, got cancer. For ary Committee. I have had the advan- Marcelle and myself. speaking engagements, they would tage sometimes of a running com- We have had great times, from him reach around to others. When they mentary from Judge HEFLIN. I have asking me how I justified smoking a really got desperate, I was over there often thought that some of the things Cuban cigar—I told him I was burning in the House, and I went down to Ala- he is whispering in my ears in the Judi- Castro’s crops and treating that Com- bama. ciary Committee would make far bet- munist the way we should—to him They said, ‘‘We have this really fine ter reading than what was in the offi- coming to me and saying on a couple of chief justice down here who is thinking cial transcript, and it sometimes influ- occasions, ‘‘You know, you may not be about running for the Senate.’’ I met enced me a heck of lot more than what able to get exactly this bill that you HOWELL HEFLIN at that dinner. He has was in the official transcript. want, but I wouldn’t be surprised if you probably forgotten that day, but I re- I also had an advantage on the Sen- modified it a little bit here, if you member it very, very well. ate Agriculture Committee where I spoke to this Senator, this Republican I learned, in just a brief conversation looked at him and Senator PRYOR as and this Democrat, we can work it with him that evening, one other fac- the voices of Southern agriculture on out,’’ and we always did. tor about HOWELL HEFLIN, and that is our side of the aisle. Mr. President, I feel, as others who he a genuine humanitarian. He wants Senator HEFLIN invited me down to have spoken, that we have been blessed to help people. That is what this busi- Alabama. He vouched for me. He even and benefited by serving with Senator ness is all about. offered to do a simultaneous trans- HEFLIN. I have enjoyed that service. I ROBERT BYRD gets criticized periodi- lation for me while I was speaking. He cally for helping the people of West told me I could give a 10-minute speech have looked forward to the times we Virginia. He has never had a critic in while he translated it into Southern. have been in committee meetings sit- PAUL SIMON for helping the people of He said it would take 30 minutes to re- ting beside each other. I admire him as West Virginia. I applaud him for doing peat it, so I should not talk too long. a Senator. I respect him as an intellec- it. Mr. President, it was amazing. We tual giant in this body, and especially HOWELL HEFLIN has helped the people went out into small towns. We did a I have so much affection for him as a of Alabama, but he has helped the peo- hearing in someone’s barn, as I recall. good friend. ple of our whole Nation. Now, this was a Senate hearing. I Mr. President, I yield the floor. Then, finally, he is both a scholar brought Republicans and Democrats Mr. PRYOR addressed the Chair. and a good judge of humanity. I re- with me. The PRESIDING OFFICER. The Sen- member when we had a well-publicized We knew where the barn was, because ator from Arkansas. nominee before the Judiciary Commit- all the signs were not ‘‘Welcome, Sen- Mr. PRYOR. Mr. President, I was in tee. I sit next to HOWELL HEFLIN on the ate Agriculture Committee,’’ not ‘‘Wel- the office of Senator DASCHLE a few Judiciary Committee. I remember he come, Chairman,’’ or anything else. It moments ago visiting with Senator was asking this nominee a question. As was, ‘‘Welcome, HOWELL,’’ or ‘‘Wel- DASCHLE and some of our colleagues the nominee answered the question, come, Senator HEFLIN,’’ or ‘‘The farm- about issues coming before the Senate HOWELL HEFLIN leaned over to me and ers of’’ whatever county it was—I still this week and down the line, and one of said, ‘‘He’s lying.’’ I knew right then remember that barn; I cannot remem- our trusted staff members came in and how HOWELL HEFLIN was going to vote ber the name of the county—‘‘welcome made the announcement that Senator on that nominee. HOWELL HEFLIN Senator HEFLIN.’’ HOWELL HEFLIN, of Alabama, was on knows the human character. We went there, and then went on to the floor of the U.S. Senate announcing But he also looks at the details of what understood would be a small din- that he would not run for reelection. legislation. He gets that pencil—he ner. Well, we went into this school and There was, I must say, shock and sad- usually works with a pencil, not a the place was a mob scene. ness and dismay in that room at that pen—he gets a pencil out, and on his They were asking the tall bald guy to time. As we came to the floor of the finger, he has a little knob on it. It is get out of the way because they wanted Chamber to hear the last part of the re- a little red on the end of that finger. It to see the real—the real—Senate agri- marks of our friend from Alabama, I looks like he took a Band-Aid off of it. culture expert, HOWELL HEFLIN. We could not help but be reminded of a He gets that pencil out and he starts went in there, and, Mr. President, I part of the creed of the U.S. Junior scribbling things down. Then, all of heard Senator HEFLIN speak about sudden he will say, ‘‘Mr. Chairman, going back to his hometown, and he Chamber of Commerce that we used to what about section 3 on page 18? What said, ‘‘It’s a wonderful little town to be recite at our noonday luncheons, and I does this mean?’’ And all of a sudden from; it is the best little town in Amer- quote: he has shifted the whole discourse. ica to go home to.’’ We believe that service to humanity is the He has made a tremendous contribu- Having seen him in Alabama, and best work of life. tion. I am proud to be his friend. It is having seen the way he feels the roots I think that service to humanity is an honor to serve in the U.S. Senate of his State, I truly believe that. something that will be the hallmark of with HOWELL HEFLIN. The people of In fact, I listened to that with some this great son of Alabama. It was my Alabama ought to be very, very proud understanding, because as he knows pleasure and my privilege to come to March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4781 the Senate with Senator HOWELL HEF- great legislator, successful and effec- or so, so we are not saying goodbye, LIN and his wonderful wife, Mike, in tive. HOWELL. 1979. I will never forget that we had a But whenever I see my dear friend, Mr. President, it is one of the rare class structure; that our Senators in HOWELL, I think of another occasion privileges that some of us have in this that particular class from time to time when another great American gave his democracy to be able to come together would have meetings, we would go to farewell address. with distinguished citizens of other each other’s homes for perhaps a pot- This happened about 30 years ago and States and get to know them, get to luck supper. We would have speakers, his name was Douglas MacArthur. Gen- know their State and their ways—the and they would come and give us what eral MacArthur in his farewell address ways of the people of their State they thought were the great issues of to the cadet corps of West Point ut- through them. I know of no State that the day. It seems almost like the blink tered three words that have become has sent a better representative to the of an eye, when I had the privilege of part of America’s bright pages: Duty, Senate in the time I have been here beginning to get to know this fine man, honor, country. than Alabama when they sent HOWELL this fine gentleman from Alabama. Whenever I think of HOWELL HEFLIN, HEFLIN here. And, as I said, we are I remember, too, Mr. President, that I think of that moment 50 years and 9 going to be saddened to see him leave. when Judge HEFLIN, as we have affec- months ago when, as a captain of the Mr. COCHRAN. Mr. President, let me tionately called him over these some 16 Marine Corps, he lead the first wave of join those who have expressed their or 17 years, I remember the day that he marines on the island of Guam. He will was stricken ill. I will never forget the never be forgotten for that. On that good wishes to Senator HEFLIN on this stillness that overcame this building, first attack, he was wounded. And at occasion. One of the coincidences of my the Senate office buildings as Senators that point, most men would have said, service with him here in the Senate is and staff members and elevator opera- ‘‘I have done my part.’’ But, no, Cap- that when we were first elected in 1978 tors and policemen stopped to pause tain HEFLIN, though seriously wound- and came to the Senate that following and to reflect and perhaps even to pray ed, continued to lead his men up the January, we were assigned to the same about their friend, HOWELL HEFLIN. steep hill until he was once again committees—he on the Democratic I have had the privilege of serving on wounded. This time he had to be evacu- side, of course, and I on the Republican the Agriculture Committee with Sen- ated. For Captain HEFLIN, duty was an side. We were assigned to the Ethics ator HEFLIN for these 16 years, and I important word. Honor was part of his Committee, the Judiciary Committee can tell you that the farmers in Ala- character. And country was his first and the Agriculture Committee. So on bama, the farmers in Arkansas, the love. For that, he received two Purple all three assignments we served to- farmers in Michigan or West Virginia, Hearts and the Silver Star for bravery. gether. It did not take long to come to Hawaii, or wherever it might be, have And so on this day, I would like to re- know him as a person of much intel- never had a better friend nor a stronger member him as one old soldier of World ligence and great commitment, with a advocate than HOWELL HEFLIN, of Ala- War II to another old soldier. God- conscientious sense of duty to the peo- bama. speed, sir. ple who sent him here to represent Mr. President, finally, I had the high Mr. STEVENS. Mr. President, I join their interests as effectively as he pos- honor of serving as a member of the the ranks of those who are saddened to sibly could. And effective he was dur- Senate Ethics Committee—not an easy hear the announcement of our good ing debates on agriculture legislation, responsibility—with the very great friend from Alabama, and most of the where I can remember his taking on chairman of many years of that com- things that any one of us would have one of the more experienced, able and mittee, Senator HOWELL HEFLIN. And wanted to say have already been said. articulate Members on our side, Sen- many, many times during the delibera- But HOWELL and Mike Heflin have been ator DICK LUGAR of Indiana, in a tough tions, most of the times behind closed close personal friends and will be close debate on the peanut program. It was doors, in trying to deal with some of personal friends to me and Catherine one of the finest discussions of a legis- the extremely sensitive issues that for a long time to come. lative issue that I have ever heard, be- faced individuals in this body or that I think most of us now today are fore or since. Each argued very persua- faced this body as a whole, it was al- thinking of the times that we have sat sively from different points of view ways Judge HEFLIN who brought us with HOWELL in the Ethics Committee, about this issue that was before the back to the center of the argument and and I, too, served with him there, or the center of the issue as he said time traveled with him, along with my good committee. HOWELL HEFLIN did an ex- and time and time again, ‘‘Ladies and friend from West Virginia, to deal with ceptionally good job, and he won. It gentleman, we must do what is good foreign parliamentarians or to NATO. was a close vote. He may get to do that for this institution.’’ Senator HEFLIN has a special spot in again this year. So he ought to dust off This institution—this institution— Alaska, too, because he has, from time his yellow legal pad. He had written Mr. President, I think, has been so to time, played hooky with me and out the remarks he was going to make, much better because he has graced this dropped a line in a few rivers of Alaska. in his own handwriting, page after page institution with his presence. He has That is how I am going to cherish the after page, on a yellow legal pad. I hope made us laugh, he has made us cry but, memory of my friend. As a matter of you can find it if you need it. above all, he has made us think. He is fact, Mike caught most of the fish, but Mr. President, in the Ethics Commit- truly, I think, one of the greatest Howell and I did most of the fishing. tee, some very difficult decisions came Members this body has ever had. And it We have had a wonderful time together before that committee, and he was our has been a high privilege and honor for in terms of just learning to know one chairman. He was a freshman member me to have had the privilege of serving another. but was selected to be the chairman. with him. This is a strange body to many peo- As a brandnew Member of the Senate, Mr. President, I yield the floor. ple. We are 100 different individuals. As that is quite an interesting honor and Mr. INOUYE addressed the Chair. the Senator from West Virginia says, an indication of the esteem in which he The PRESIDING OFFICER (Mr. ‘‘our friends go one by one.’’ But the was quickly held by those who had the ABRAHAM). The Senator from Hawaii. friendships that we are able to form responsibility for making those deci- Mr. INOUYE. Mr. President, my dis- here, despite the tensions and the con- sions. tinguished colleagues of the Senate flicts, and despite the politics, and de- On the Judiciary Committee, his wis- have spent much time this afternoon spite the fighting that goes on from dom and his experience were brought sharing their words of gratitude, their one side of this aisle to the other, those to bear very quickly on all of the mat- words of affection, their words of admi- friendships are really what the Senate ters that came before that committee. ration for that gentleman from Ala- is all about, in my opinion. From a per- But above all, I came to respect him bama, HOWELL HEFLIN. Everything that sonal point of view, it has really been and appreciate him as a friend, some- has been said is fully justified. a great privilege to all of us to have one who is congenial, courteous, very He is a man of distinction, one of the served with Judge HEFLIN. We are much a gentleman, and someone who great jurists of our Nation. He is a going to be here for another 18 months appreciated the Senate and its role. S 4782 CONGRESSIONAL RECORD — SENATE March 29, 1995 As you know, he had an uncle, Thom- like to discuss. We get into some—not a more determined spokesman, a more as Heflin, who served in the U.S. Sen- heated discussions—but we get into effective spokesman, or someone for ate. I heard him one day on the floor— some repartee in terms of Scripture whom his colleagues have more respect or maybe it was in committee—say and of biblical truths. than the man I always call Judge HEF- that his uncle had been called ‘‘Cotton HOWELL HEFLIN has that great capa- LIN. Tom Heflin’’ because he was such a bility of going to the heart of a matter When he spoke about a matter that strong proponent of the cotton inter- and making a point with a marvelous was important to his constituency, we ests in agriculture legislation. He sense of humor, at the same time with all listened. And we listened because he started calling me ‘‘Cotton THAD’’ be- a very profound conclusion or analysis. presented his case in terms of sub- cause I was taking up for cotton farm- Let me illustrate: One day we were stance but also with a sense of humor. ers, too. talking about a subject I do not even I think of so many times he brought a We are going to miss HOWELL HEFLIN remember. Senator HEFLIN says, ‘‘Well, smile to my face on that committee. I very much. The Senate is going to miss that reminds me,’’ and he starts out can remember the time we were talk- HOWELL HEFLIN very much. We are slowly, as we know, in his speech. ing about drought aid. Different com- going to, I think, appreciate more as ‘‘That reminds me of the Sunday modities were being considered. After time goes on, the mark he has made school teacher’’ down in his southern we had pretty well completed the pack- here. I join others in wishing him well part of the country who was teaching age, HOWELL HEFLIN raised his hand and expressing my affection for him on the children one day at Sunday school and said, ‘‘Mr. Chairman, what about this occasion. about the evils of alcohol and the evils peaches?″ We truly regret his decision not to of drink. Whereupon one little student Well, no one had thought about seek reelection next year. raised his hand and said, ‘‘But, Teach- peaches. We were not going to include Mr. HATFIELD. Mr. President, I er, Christ turned the water into wine.’’ peaches in that package, but after have to join in terms of expressing my And the teacher said, ‘‘Yes, and I would HOWELL finished, we included peaches, sorrow at the announcement of the have thought a lot more of him if he and we did it because HOWELL HEFLIN Senator from Alabama, HOWELL HEF- hadn’t done it.’’ convinced members it was the right LIN, on his intended retirement. It It made a very major impact upon thing to do. How many times he con- seems like this is a virus that is catchy the discussion of that moment. I re- vinced members that what he was ad- here on the floor of the Senate. I have member the illustration without re- vocating was the right thing to do. to face that question myself in the membering the subject. Mr. President, to me it is a real sense same timeframe. I have not quite I want to say this is a side of HOWELL of loss that brings me to the floor, be- reached that conclusion. But Senator HEFLIN that I wanted to, at least, cause HOWELL HEFLIN has not only HEFLIN has been referred to as an effec- thank him and pay tribute to him for been somebody I teamed up with on tive member of the Judiciary Commit- having contributed to the spiritual life things that I thought were important tee, Ethics Committee, and any com- of this body in the informal sessions to the people I represent, but I also be- mittee he serves on. I have seen him in that meet. lieve that HOWELL HEFLIN is really the action here on the floor of the Senate. If anyone thinks Senator HEFLIN and best kind of elected representative. He As a nonlawyer, I have been able to Senator Ted STEVENS make an odd cou- cares deeply about doing a good job of understand some of these legal ques- ple in leading a spiritual group, that representing the people that sent him tions that are debated with greater gave it more authenticity. It was not here. He always has that great air of clarity when HOWELL HEFLIN has ex- just bipartisan, but we had certainly integrity and fairness. plained them. So I am grateful for his an interesting combination of personal- I remember when he was chairman of role as a mentor for us laymen on high ities and dedication. the Ethics Committee and handled and sometimes elusive legal points. I want to say to Senator HEFLIN not some of the most difficult cases that I want to talk a few moments about only will we miss you, sir, but most es- have ever come before this body. I do HOWELL HEFLIN in another role. We pecially, too, we will miss Mike. not think there was a Member in this have, on Wednesday morning, a Senate Mr. CONRAD. I was just downstairs, Chamber who did not know that HOW- prayer breakfast. Mr. President, doing a satellite feed to ELL HEFLIN was going to treat people It is usually presided over by some- a group back home. The group was a fairly. Whether they were on the other one selected by acclamation and/or by group of REA members. I heard that side of the aisle or on this side of the the person who is absent that day, that Judge HEFLIN had decided not to run aisle, HOWELL HEFLIN would treat them he is selected as the year-ahead chair for reelection. My first thought was, fairly. He would treat them equally. of this group. ‘‘What an incredible loss for this Sen- We are going to miss HOWELL HEFLIN, Senator HEFLIN and Senator STEVENS ate. What an incredible loss for the a real champion for the people of Ala- started a tradition of cochairing the country, and what an incredible loss bama and a real champion for the peo- Senate prayer breakfast. Now, there is for the rural electrics.’’ ple of America. Howell, I do not know one place in the Senate where we leave I thought this is really appropriate anybody in this body who deserves a our masks, our labels—moderate, lib- that I am talking to a rural electric good retirement more than you and eral, conservative, our party identifica- group when I find out that Judge HEF- Mike do. But I must say you will be tion—at the door. Probably there is no LIN has decided not to run again, be- missed in the U.S. Senate. I thank the other part of the Senate institution in cause HOWELL HEFLIN has been a cham- Chair. I yield the floor. which people feel so comfortable in pion for rural electric. He has been a Mr. SHELBY addressed the Chair. being themselves. It is never published. champion for the little guy. He has The PRESIDING OFFICER. The Sen- It is not open to the public. It is a very been a champion for the farmers. He ator from Alabama. private session of spiritual reflection. has been a champion for rural people. Mr. SHELBY. Mr. President, I was in Senator HEFLIN comes from the All of that has flowed from a real a committee when I learned that my South. I have come to the conclusion commitment to the people that he rep- colleague from Alabama, Senator HEF- that the people who are the best story- resents. I was thinking of the remark- LIN, had made a statement that he was tellers, their geographic origins are able career of HOWELL HEFLIN, chief not going to seek reelection for a Southerners and New Englanders—the justice of the Alabama Supreme Court fourth term in the U.S. Senate. dry humor of Vermont and the mar- for 6 years; somebody who was selected As his junior Senator—which he used velous storytelling capability of South- in 1975 as the finest appellate judge in to remind me he wanted me to remain erners. the entire United States; somebody the junior Senator for a long time, and I remember Howard Baker, who was who came to the U.S. Senate and be- I acquiesced. I said, ‘‘I want you to re- our majority leader and minority lead- came known as the spokesman for main the senior Senator for a long er at one time. He could make a point southern agriculture. time.’’ so effectively by telling a story. That Let me just say that was deserved be- I want to remind Members that he is is true with Senator HEFLIN as it re- cause I serve on the Agriculture Com- not leaving today. He has nearly 2 lates to some biblical truths that we mittee with HOWELL HEFLIN. Nobody is years that he will be with the Senate, March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4783 and his presence will be known, his er than something that is of a partisan The majority has shifted four times presence will be felt. nature. since we have served together. But, I I will, as his colleague from Alabama, I have really enjoyed the Wednesday have to say that regardless of whether appreciate every day his counsel, his morning prayer breakfasts because it is HOWELL was in the majority or the mi- maturity, and his, at times, rec- a time when we can come together in nority, he was always fair, always as- ommendations of what to do and not to that spirit. Sometimes it seems that is tute in his analysis, and always cour- do and how to do it. the only time during the week that we teous. In 1970—it seems just a few years have that sense of closeness and bond- Like the judge he was before coming ago—HOWELL HEFLIN was elected to the ing here in the Senate. to the Senate, Senator HEFLIN has been office of Chief Justice of the Supreme But, as I have heard my colleagues a keen student of the law. I will surely Court of Alabama. On that same day, I talk who have known Senator HEFLIN miss his legal ability on the Judiciary was elected to my first term in the and served with him for years, he and Committee, not to mention his sense of State senate. I had the opportunity to his wife, Mike, who is very much a part humor and comraderie. get to know Judge HEFLIN better, to of his team, are so well loved. I just But, as the junior Senator from Ala- work with him, to work with him on want to say to him: Godspeed. I hope bama noted, Senator HEFLIN is not modernization of the courts of Ala- he will not be gone after he does retire, leaving today. I have appreciated work- bama, for which he won a national but will come back and visit with us on ing with him on several key initiatives award for his leadership and was great- Wednesday mornings, or any other over the last few months including the ly recognized for that. time he is able to do it. balanced budget amendment, an In 1976 he chose not to run for reelec- I think all of us should respect some- amendment to the Constitution to pro- tion as chief justice of the Supreme one who leaves on their own time, who tect our flag from desecration, and reg- Court of Alabama. Somebody said, follows their own compass, and who ulatory reform, to name just a few. I ‘‘Well, he is retired.’’ We knew, Judge, does what is right for them in their will appreciate working with him still you had not retired. You were just lives rather than staying too long or in during the next year and a half on the going into some other things—maybe any way having someone else decide for many pressing issues we face during the practice of law, maybe teaching, them what is right for their lives. the 104th Congress. which he did for awhile. But, in 1978, he So I wish him well. I would like to The PRESIDING OFFICER. The Sen- ran and was elected to the U.S. Senate add for the record my deep respect for ator from Minnesota. from Alabama, the first time. Again, this man who has served his country in Mr. WELLSTONE. Mr. President, I our paths crossed. I was elected to the so many different areas—two branches ask my colleague from West Virginia U.S. House of Representatives on the out of the three of Government. That is whether I am in fact interrupting? I same day that he was elected to the very unusual. was going to take about 5 minutes, but Senate. He was sworn in to the U.S. Mr. PELL. Mr. President, I rise to if I am in the Senator’s way—would it Senate. I was sworn in across the road add my voice to those paying tribute to be all right, if I had 5 minutes? here, to the U.S. House of Representa- our colleague, Senator HOWELL HEFLIN Mr. BYRD. It certainly will be. tives. So we continued to work to- of Alabama who earlier today an- Mr. President, if I may be recog- gether. With his leadership here, he nounced his intention to retire from nized? was the senior Senator, I worked with the Senate at the end of this Congress. The PRESIDING OFFICER. The Sen- him the 8 years I was in the House. I must say that his announcement ator from West Virginia. Then, when I was able to join him in today has taken me somewhat by sur- Mr. BYRD. Mr. President, I share the 1986, I continued to work with him. prise as I had not thought that he had expressions, the words of adulation, en- He has served not only Alabama, our resolved in his mind whether or not to comiums of praise, and the warm felici- State, but the Nation with distinction. seek another term. Having done so, I tations of friendship that have been We are not going to miss him for wish him well and note that he will be made by so many of our colleagues this awhile because he is going to be with sorely missed in the Senate. His wit, afternoon. us. But I will miss him after the 2 his wisdom, and his unshakable de- I shall speak at another time. So, for years. And I want to say to his fam- meanor have endeared him to all of us. now I just want to say to my friend, ily—his wife Mike, his son, Tom, and Senator HEFLIN has served his home Senator HEFLIN, who was one of my his grandchildren in Tuscumbia, he is State of Alabama well and with dis- strongest supporters when I was the not going to retire. He is just going to tinction over the last 18 years. I have leader, both in the majority and in the do something else. often relied on his experience and rea- minority here, he always had my great Thank you, Judge. son in the areas of his work on the Ju- confidence with respect to his integ- The PRESIDING OFFICER. The Sen- diciary and Ethics Committee. He al- rity, his fairness, and his judicious de- ator from Texas. ways brings to the topic at hand the meanor. I appointed him to the Ethics Mrs. HUTCHISON. Mr. President, I level head he acquired through years of Committee, an assignment for which want to add my comments to those of sitting on the bench. His integrity has he has never paused to thank me pro- my colleagues we have heard today on never been challenged and my respect fusely. But I want him to know I share both sides of the aisle. I think it is for him has only grown since he joined these expressions of sentiment, and on very clear from the things we have the Senate. When I think of his tenure another day I will try to do my own been hearing for the last hour on the in the Senate I affectionately remem- feelings greater justice than I would at floor that Judge HEFLIN, Senator HEF- ber the finer traditions of the Senate this moment. LIN, has the deep respect of people from marked by comity and discourse rather I do have an amendment and I ask both sides of the aisle. then rancor and partisanship. The Sen- unanimous consent I may yield to the I was not sure what Senator HEFLIN ate needs more people like HOWELL distinguished Senator from Minnesota would do because I knew he had health HEFLIN and I regret, but understand, without losing my right to the floor so problems. But I had hoped he would the decision he has made. I wish him that I may then call up my amend- continue to serve because he is such a and his wonderful wife well as they an- ment. good person and because I have enjoyed ticipate their return to Alabama and The PRESIDING OFFICER. Without getting to know him. I have gotten to commend him for a particularly honor- objection, it is so ordered. know him through the Senate prayer able and distinguished career in the The Senator from Minnesota. breakfasts that have been mentioned Senate. Mr. WELLSTONE. I thank the Chair here earlier, which are a very impor- Mr. HATCH. Mr. President, I want to and I thank the Senator from West Vir- tant time for us to come together on a join my colleagues in expressing sin- ginia. bipartisan basis and talk about the cere regret that the Senator from Ala- Mr. President, I actually do not know things that are bringing us together bama has decided not to stand for re- what I am going to say. I just heard and the things that we ought to re- election next year. about Judge HEFLIN’s announcement. I member about doing what is right It has been my privilege to serve do not have any prepared text. Maybe rather than what is expedient, or rath- with him on the Judiciary Committee. later on I can come out on the floor of S 4784 CONGRESSIONAL RECORD — SENATE March 29, 1995 the Senate with a more polished speech Mr. President, I yield to the distin- the Director of the Office of Manage- that the Judge deserves. But I would guished chairman for the purpose of ment of Budget to lower the discre- like to just say a couple of things from getting that time agreement. tionary spending limits, for both new the heart and from the head. The PRESIDING OFFICER. The Sen- budget authority and outlays, for each First of all, I knew about Judge HEF- ator from Oregon. of fiscal years 1995 through 1998, by the LIN before I came to the U.S. Senate, Mr. HATFIELD. Mr. President, I amount of budgetary savings that will but I did not know him personally. thank the ranking member of the com- result from the enactment of this act. That is the second part I want to get mittee. This will mean that the savings, which into in a moment, the personal part. I ask unanimous consent that the will result from enactment of the pend- But as to what I knew about Judge Senate now turn to the consideration ing legislation, will go to deficit reduc- HEFLIN, I am Jewish but I would iden- of the Byrd amendment, on which tion only. tify my baptism to politics being the there will be 90 minutes of debate with The savings cannot be spent on other civil rights movement. There were cer- time equally divided in the usual form; programs. They cannot go for tax cuts. tain heroes and heroines in the South further, I ask unanimous consent that If my amendment is adopted the sav- who had the courage to take on what there be no second-degree amendments ings enacted in this bill will really be was a system of apartheid. It was in order. savings, not fodder for tax goodies to apartheid. There were some great, The PRESIDING OFFICER. Without the favored few or part of some shell great, great men and women who had objection, it is so ordered. game designed to save with one hand the courage to speak up for civil rights Mr. HATFIELD. I thank the Chair. and spend with the other. We need to for all people. Mr. BYRD. Mr. President, I thank my reduce the deficits and my amendment By the way, I think that what hap- distinguished chairman. will make sure that the savings in this pened in the civil rights movement en- Mr. President, I ask unanimous con- bill will do just that. riched our country. It made the United sent that any other Senators who may The exact amount of deficit reduc- States of America a better country for wish to become cosponsors of the tion that will occur from this measure all people; not just black people, but amendment do so. I have already indi- cannot be determined at this time. white people, people of all colors. cated that I offer the amendment on That will depend on the outcome of the Mr. President, Judge HEFLIN, Senator behalf of myself, and following chief conference with the House on this bill. HOWELL HEFLIN, was one of those great cosponsors: Senators HATFIELD, EXON, We do know, however, that the House- heroes. He used his skills and has al- DOMENICI, and KOHL. passed bill, H.R. 1158, contains a total ways used his skills as a lawyer to AMENDMENT NO. 423 TO AMENDMENT NO. 420 of $17.4 billion in rescissions and other serve people and he served justice in (Purpose: To reduce the discretionary spend- reductions in spending. We also know the South and in our country. He lit a ing caps to ensure that savings achieved in that the committee substitute before candle and he had the courage to speak the bill are applied to deficit reduction) the Senate contains $13.5 billion in re- out. Mr. BYRD. Mr. President, I send the scissions and other reductions. If the The prophetic tradition of my faith is amendment to the desk and ask for its bill which passes the Senate retains that to love God is to love justice. If immediate consideration. the $13.5 billion in spending cuts, and if that is the case, Judge HOWELL HEFLIN The PRESIDING OFFICER. The the conference splits the difference—as is truly a Senator, a judge, and an clerk will report. it sometimes does—in rescissions be- American who loves God. The assistant legislative clerk read tween the two bills, the final con- Mr. President, at a personal level, I as follows: ference agreement will result in deficit just want to stand on the floor of the The Senator from West Virginia [Mr. reduction of somewhere around $8.8 bil- Senate and try to say: ‘‘No. No. No. BYRD], for himself, Mr. HATFIELD, Mr. EXON, lion. That amount of deficit reduction You cannot do this. I am opposed.’’ Mr. DOMENICI, and Mr. KOHL, proposes an will occur, even after paying for the I wish it was in my power, or I was amendment numbered 423 to amendment No. FEMA supplemental. That is a sub- able to have the persuasion to say to 420. stantial amount of deficit reduction, Judge HEFLIN: ‘‘You cannot do this.’’ I The amendment is as follows: particularly, when one considers that am going to miss him. He is somebody At the end of the pending amendment add these rescissions are being made half I look up to—not just because I am 5 the following: way through the fiscal year. This is not foot 51⁄2. He is somebody I look up to; TITLE —DEFICIT REDUCTION to say that I agree with every rescis- somebody I believe in. He is the alter- DOWNWARD ADJUSTMENTS IN DISCRETIONARY sion contained in the committee sub- native to cynicism. He is hope. And he SPENDING LIMITS stitute. There will undoubtedly be is honor. SEC. 01. Upon the enactment of this Act, amendments offered to restore a num- Judge, I am going to really miss you. the Director of the Office of Management ber of the proposed rescissions. I may Thank you for everything you have and Budget shall make downward adjust- vote for those amendments. But, when- done for this country. ments in the discretionary spending limits ever these cuts are made, one thing is I might cry, so I am leaving. (new budget authority and outlays) specified in section 601(a)(2) of the Congressional clear and that is that we must do ev- f Budget Act of 1974 for each of the fiscal years erything we can to reduce the deficit at 1995 through 1998 by the aggregate amount of every opportunity if we are to reach EMERGENCY SUPPLEMENTAL estimated reductions in new budget author- the goal of budget balance early in the APPROPRIATIONS ACT ity and outlays for discretionary programs next century. Therefore, if I support The Senate continued with the con- resulting from the provisions this Act (other amendments to restore cuts in the bill, sideration of the bill. than emergency appropriations) for such fis- I will only do so if those amendments Mr. BYRD addressed the Chair. cal year, as calculated by the Director. have full offsets. The PRESIDING OFFICER. The Sen- PROHIBITION ON USE OF SAVINGS TO OFFSET Senators should be aware that, with- ator from West Virginia. DEFICIT INCREASES RESULTING FROM DIRECT out my amendment, the spending cuts SPENDING OR RECEIPTS LEGISLATION Mr. BYRD. Mr. President, I thank made in the bill will not go to deficit the Chair. SEC. 02. Reductions in outlays, and reduc- reduction. If the discretionary spend- tions in the discretionary spending limits Mr. President, I have an amendment specified in section 601(a)(2) of the Congres- ing caps are not lowered, as my amend- which I will eventually send to the sional Budget Act of 1974, resulting from the ment will require, the savings in this desk. I believe Mr. HATFIELD was going enactment of this Act shall not be taken bill can simply be respent somewhere to propose a time limit on the amend- into account for purposes of section 252 of else. Or, as we have heard so much ment. When he returns shortly, I am the Balanced Budget and Emergency Deficit about, the savings could be used to sure that, if it is still his disposition to Control Act of 1985. help pay for tax cuts or even for in- do that, I would be agreeable to doing Mr. BYRD. Mr. President, I thank creases in direct spending. It is true it. the clerk for reading the amendment. that to use the savings in this act for I offer this amendment on behalf of Mr. President, my amendment is un- tax cuts, would require a change in the myself, Mr. HATFIELD, Mr. EXON, and ambiguous and straightforward in its Budget Act. But, that, Mr. President, is Mr. DOMENICI and Mr. KOHL. intent and in its effect. It will require precisely what has been proposed by March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4785 the House leadership. In fact, I am ad- ple—make the cuts and get the deficits Mr. President, to me this is a moral vised that today, Wednesday, March 29, down as we have promised. issue. It has to do with truthfulness; it the House Budget Committee will re- The third thing wrong about tax cuts has to do with fairness; it has to do port a measure which would waive the is that, in the case of this bill, unless with conscience. pay-go requirements of the Budget Act we lock in these savings we will be pay- And unless this amendment is adopt- in order to allow reductions in the dis- ing for tax giveaways on the backs of ed, I cannot support this legislation. cretionary spending caps to be used to our children and grandchildren. All the I cannot be a party to making these help pay for the folly of all follies—tax tears we have just shed on this floor difficult cuts, without the assurance cuts at this time. over our children and grandchildren in that these reductions will only be used To my mind that is an outrage. Here the balanced budget debate will have to reduce the deficit. we are ready to cut Head Start Pro- amounted to nothing more than theat- I will not indirectly cast my vote for grams, child care programs, money for rics if we are willing to take from pro- tax breaks for the wealthy by voting computers in the classroom, money for grams that assist our young people for painful cuts that, without my scholarships, and funds for safe and and, instead of using them to reduce amendment, may be used to finance drug-free schools, all cuts that will im- the deficit, pass them out like party fa- subsidies for the rich. pact on programs designed to assist our vors on tax cuts for the well-to-do. I urge us not to make a parody of the young people with getting a better Mr. President, I am aware that the recent serious debate just held on this start in life like a good education, bet- President of the United States has pro- Senate floor on the line-item veto and ter nutrition, adequate learning tools, posed a middle-class tax cut. I am also the balanced budget amendment. We assistance in the fight against the aware that the so-called Contract With have promised the American people we scourge of drugs, and, yet, there are America calls for a much larger tax will reduce this deficit and do it we some who want to take these dollars cut—of something like $630 billion over must. Today we make our first serious from our young people and parcel them the next 10 years. That is the cost of downpayment on our pledge with the out in tax cuts to the favored few. Well the bill that has been reported out of adoption of this amendment. I urge what is wrong with that? There are the House Ways and Means Committee. that it be adopted by a strong vote so several things wrong with that ap- Furthermore, after all of the provisions proach. First, we just went through a of the House tax cut bill are phased in, that the Senate, at least, will put its lot of agony and hand wringing, and the revenue losses every year will total money where its mouth is and keep its heard a lot of passionate rhetoric about more than $110 billion—for each year commitment to the American people. how critical it is for this Nation’s over- thereafter. I am against a tax cut at this time. I all well-being to get these deficits And who will get the lion’s share of do not care who advocates it, whether down. The balanced budget debate and the benefits from these tax cuts? Will it be President Clinton or whether it be the line-item veto debate were about it be the average American family, in the so-called Contract With Amer- getting these deficits down. where often both parents have to work ica. It is the wrong time. It is the For weeks we have had the wringing in order to make ends meet? Or, will wrong thing to do. of hands and the gnashing of teeth over these tax breaks go instead to upper- Mr. President, as an additional co- the need to reduce deficits. There was income households and large corpora- sponsor, I ask unanimous consent that virtually no disagreement about get- tions? Mr. HARKIN’s name may be added. ting the deficits down. The disagree- According to a Treasury Department The PRESIDING OFFICER. Without ment was about what method should be analysis, less than 16 percent of the objection, it is so ordered. employed to accomplish that goal. benefits of the fully phased-in tax pro- Mr. BYRD. Mr. President, I shall ask Now, to come right along behind that visions as passed by the House Ways for the yeas and nays. I reserve the re- debate and blow all the savings in this and Means Committee would go to 60 mainder of my time. bill like sailors on leave to pay for tax percent of all families with incomes How much time do I have remaining? cuts makes a mockery of all the hot below $50,000. The top 1 percent of fam- The PRESIDING OFFICER. Approxi- rhetoric on deficit reduction, and cer- ilies with incomes of $350,000 or more a mately 32 minutes. tainly further undercuts the American year would receive 20 percent of the tax Mr. BYRD. I thank the Chair. public’s view of the sincerity of the benefits, while more than half of the I understood that Mr. EXON wanted Members of this body. tax goodies would go to the top 12 per- to speak on this amendment. If there Second, any tax cut proposal at this cent of families—those with incomes are other speakers, I would like to time is just plain foolish. We must not over $100,000 per year. know. Otherwise, I shall not use any squander our budget savings on tax fa- Also, according to an analysis by the more of my time. vors. I like to vote for tax cuts. That is Treasury Department, over half the The PRESIDING OFFICER. Is the the easiest vote I have ever cast in 49 benefits from the House Ways and Senator yielding the floor? years in politics, and in serving in leg- Means Committee’s capital gains pro- Mr. BYRD. Mr. President, I ask for islative bodies at the State level and at visions would go to the wealthiest 3 the yeas and nays. the national level. It is the easiest vote percent of families who have incomes The PRESIDING OFFICER. Is there a of all. Whoopee. We all like to vote for over $200,000, while three-fourths of the sufficient second? tax cuts. It is different to vote for tax benefits would go to the top 12 percent There appears to be a sufficient sec- increases. But any tax cut proposal at of families who have incomes over ond. this time is just plain foolish. To do so $100,000 a year. The yeas and nays were ordered. is tantamount to simply running on a Mr. President, I cannot imagine a Mr. BYRD. I reserve the remainder of treadmill—working up a sweat, but more perverse policy than one that my time. going virtually nowhere. calls for paying for tax cuts for the The PRESIDING OFFICER. Who The Bible says ‘‘to everything there wealthy through cuts in programs, yields time? is a season,’’ but this is not the season such as the ones contained in the bill Mr. BYRD. Mr. President, I suggest for a tax cut. It is common for politi- now before the Senate, which provide the absence of a quorum. I ask unani- cians to try to be all things to all peo- education and other forms of assist- mous consent that the time be equally ple, try to make everybody happy, ance to the Nation’s neediest children charged to all sides. claim deficit reduction to some, but and families. I urge my colleagues to The PRESIDING OFFICER. Without hand out tax cuts to others. But, this is reject such an approach by supporting objection, it is so ordered. the season for coming to grips with the my amendment. In so doing, we will at The absence of a quorum having been hard reality of our day. The time for least have ensured that the savings suggested, the clerk will call the roll. feel-good politics is over, and instead from the painful and difficult cuts that The assistant legislative clerk pro- of making everybody happy with are being made in this bill will go only ceeded to call the roll. phoney placebos, our duty is to make toward deficit reduction. Such an ap- Mr. EXON. Mr. President, I ask unan- everybody perhaps a little unhappy in proach will benefit all Americans, not imous consent that the order for the the short run for the good of all peo- just the wealthiest among us. quorum call be rescinded. S 4786 CONGRESSIONAL RECORD — SENATE March 29, 1995 The PRESIDING OFFICER (Mr. What confounds the American people Mr. DASCHLE addressed the Chair. THOMPSON). Without objection, it is so are the complex rules that go along The PRESIDING OFFICER. The mi- ordered. with our budget process. In the never- nority leader. Mr. BYRD. Mr. President, I yield 7 never world of the budget, a spending Mr. DASCHLE. Mr. President, I will minutes to the distinguished Senator cut is not always a spending cut. It is be very brief. from Nebraska [Mr. EXON]. like a lizard’s tail that comes off in Mr. BYRD. Mr. President, I yield The PRESIDING OFFICER. The Sen- your hands. We cut program after pro- such time as the Senator may require. ator from Nebraska. gram, but cuts often become new Mr. DASCHLE. I did not realize we Mr. EXON. I thank my friend and spending and the deficit continues to were under a time agreement. I ask for colleague from West Virginia and I grow. The lizard grows another tail, a couple minutes. thank the Chair. and on and on and on we go. Mr. BYRD. I yield as much time as Mr. President, I rise today in support Mr. President, we could slash the the Senator needs. of the amendment offered by the dis- space station. We could eliminate an- Mr. DASCHLE. Mr. President, I rise tinguished Senator from West Virginia. other 100,000 Federal jobs. We could cut to ask unanimous consent to be added I commend the Senator for his every discretionary program by 10 per- as a cosponsor of the amendment. thoughtful and timely amendment. cent. However, those savings mean The PRESIDING OFFICER. Without Some of our colleagues talk a good nothing unless we make the cuts per- objection, it is so ordered. game of deficit reduction. Yet, when it manent and specifically apply them to- Mr. DASCHLE. Mr. President, I do so comes to taking action, they some- ward deficit reduction. because I believe what the distin- times get cold feet. I am convinced that is what the vast guished Senator from Nebraska has I would like to point out that, even majority of the American people want, just said is absolutely correct. If, in- though the distinguished Senator and I and I know that the Byrd amendment deed, we are serious about doing what were on opposite sides of the fence now before us does exactly that. we have said over and over again over when it came to the balanced budget Fortunately, the Senator from West the course of the last several months amendment and the line-item veto, we Virginia is right on top of the issue. with regard to deficit reduction, we are, nevertheless, united when it comes The emergency spending bill before the to deficit reduction. We proved that in Senate today could be fertile ground need this amendment. 1993 when we worked hand-in-hand to for spending mischief. The appropri- We need this amendment because, in- pass the largest deficit-reduction plan ators propose to cut $13.5 billion and deed, we say by adopting this amend- ever, and we prove it again today. I am will spend $6.7 billion in relief for last ment that we are serious, that we rec- proud to stand with my friend, Senator year’s earthquakes in California. But ognize that the first and really only BYRD, the distinguished Senator from what about the difference? What about purpose of a rescission is to ensure that West Virginia. the difference, Mr. President, the $6.8 we can cut spending and dedicate the Herein lies a lesson for all of our col- billion in supposed savings? savings to deficit reduction. We know leagues. No party has a monopoly when Without the Senator’s amendment that over the course of the next 7 it comes to deficit reduction. No indi- that we have just referenced, that years, we may have $1.8 trillion of defi- vidual has all of the answers. We can money could be spent elsewhere, and cit reduction work ahead of us. We hold different views, but when it comes might be. But the Byrd amendment must begin with this bill. We must con- to specific spending cuts and real sav- puts a lockbox around these savings tinue in a budget process that will ings, we should be one body dedicated and prohibits the money from being allow us a blueprint to ensure that be- to a common cause—getting our fiscal spent. The savings are dedicated solely tween now and the year 2002 or the house in order. to reducing the deficit. It is that clear, year 2003 that we have accomplished Mr. President, in spite of the relent- it is that simple, and it is that nec- again what we have indicated we want less drumbeat from the other side of essary. to do. Capitol Hill to cut taxes, the American In fact, this is a safe within a safe. So this is the first step. It is a step people have their priorities in order. We need the extra safeguard because with regard to process, but it is a step And I hope the House and the Senate the bill before us deals with emergency with regard to demonstrating our true will listen. Of course, they want lower spending which is not counted against intention that, indeed, we are deter- taxes, but they want a balanced budget the deficit. In the absence of a lockbox, mined to reduce the deficit; indeed we first. the cuts made to pay for earthquake are going to take the tough decisions The American people are not selfish relief could be spent later this year on we made with regard to this rescission and certainly they are not foolish. something entirely different. Adopt the and turn them into budget savings; in- They want to get Government spending Byrd amendment and eliminate that deed we are determined to do all that under control. They know you cannot possibility. we can, collectively, to ensure that run with the rabbit and hunt with the So, once again, I commend the Sen- what we say we are going to do we are hounds. They want to protect their ator from West Virginia for offering going to do in the long term. That is children’s and grandchildren’s future. this important amendment. Anyone what this amendment does. They certainly question the Contract who is serious about credible deficit re- The distinguished Senator from West With America when that contract goes duction should support it. Some cynics Virginia has offered it before on other so far as to deviate from common may say that $6.8 billion is merely a pieces of legislation and, I must say, I sense. drop in the bucket when it comes to hope that on this occasion, we can have The American people are willing to the deficit that will grow to $299 billion broad bipartisan consensus in support accept the sacrifice that comes with by the year 2000, if we believe projec- of it because, indeed, it puts the rest of creditable deficit reduction. They are tions. our efforts over the course of the next willing to accept the pain of deep However, the Byrd amendment dem- couple of days as we debate the real re- spending cuts, but only if those cuts go onstrates how we will reduce the defi- scission package, its scope, its size, its toward balancing the budget, and not cit by making specific cuts in spending practical application to the budget spending elsewhere in the form of tax and locking away those savings for def- process in much more realistic terms. decreases. The American people know icit reduction and for no other purpose. This ought to have been the first you cannot have it both ways. There is I urge my colleagues to support the amendment, because if it had been the the rub and there is the root to this amendment offered by the Senator first amendment, I think we could have frustration. from West Virginia. It makes sense all said unequivocally, regardless of I believe that the Byrd amendment from every aspect, and I will be keenly what else we do, as we debate size and takes head-on that proposition by say- disappointed unless the Senate recog- as we debate offsets and as we debate ing that the savings that we made in nizes the wisdom of this amendment all the other issues pertaining directly this legislation will go for deficit re- and adopts it overwhelmingly. to this bill, the one thing we will not duction—deficit reduction—and noth- I reserve the remainder of my time, debate is what we do with the savings ing else. and I yield the floor. once they have been promulgated. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4787 This amendment says unequivocally cedures of the Budget Act. You would So I believe this amendment sends an that those savings will be used for defi- simply have cut spending in one pro- absolutely clear message, one that says cit reduction, and I hope, again, with gram and spend the savings on another we are not trying to fool anybody. If unanimity, this body can support it program. we are cutting a net $6 billion, let us this afternoon. Obviously, we are in the midst of this put it toward deficit reduction, and not Again, I commend the leadership of- gigantic problem of getting the deficit leave this spending authority around fered to us by the distinguished Sen- under control, which I really believe for somebody to dilly-dally, play with, ator from West Virginia, and I hope we the American people want more than and perhaps even spend. can support him in this effort when we anything else. There may be those who Let me make another point on how have our vote later on. are not yet showing up in the polls say- important this is, Mr. President. Yes- I yield the floor. ing they want deficit reduction, but I terday, the President of the United Mr. DOMENICI addressed the Chair. suspect it is because they do not be- States, in a major, major press con- The PRESIDING OFFICER. The Sen- lieve it will ever happen. They do not ference preceding his regional eco- ator from New Mexico. believe we have the guts to do it, so nomic summit in Atlanta, told us Mr. DOMENICI. Mr. President, I do some of them have already given up on about $13 billion in savings over the not know from whom I must request us. next 5 years from the second phase of time. I have been informed by the Par- I want to make a commitment right the President’s reinventing of Govern- liamentarian that that is a mistake, here today. It may be very difficult, ment—$13 billion. Nothing new about that Senator DASCHLE technically con- and it may be that some people cannot it. Incidentally, as it turns out, it is al- trols the time that Senator HATFIELD vote for it, but I have been encouraged, ready in the President’s budget, that controls. Is that correct? if not supported unanimously, by Re- $13 billion in assumed savings, so it is The PRESIDING OFFICER. That is publican Senators who come to meet- nothing new. However, look at the pro- correct. ings—and there was a large group portion of savings. We are here debat- Mr. DOMENICI. Because it says ‘‘in today—that Republicans ought to ing a bill that will cut a net of $6 bil- the usual form.’’ produce a balanced Federal budget by lion out of existing appropriations for Senator DASCHLE, I believe, unbe- the year 2002. this year, and the President is touting knownst to both of us, controls 45 min- Now, that is not without risk, I guar- a major deficit reduction effort over 5 utes. Can the Senator yield me 5 min- antee you. We are looking for some years for $13 billion. Actually, we could utes? people on the other side of the aisle to take this little $6 billion savings and Mr. DASCHLE. I will be happy to help us. It is going to be for real, and make it recur each year, and we would yield to the distinguished Senator from when it is finished, the Congressional be over $30 billion, approaching three New Mexico. Budget Office is going to tell the Amer- times the President’s figure. Does any- Mr. DOMENICI. Mr. President, let me ican people the budget is in balance. body think we are not going to do at say that I had the amendment that Whatever vagaries of estimating may least that as we put together a 7-year Senator BYRD offered all ready. In fact, occur during the 7-year period leading balanced budget? We will have to do I carried it over to him yesterday to balance, we are going to produce a more than that. thinking that I would offer it. He said balanced budget, not in 5 years, but in So it is not that the President is not he already had it ready. I was shopping 7 years. within his powers and quite appro- mine to show him what was in it. So I It would be absurd for us to make priately talking about his kind of re- am a cosponsor. There is no use doing that commitment and then come along form. But I think to make a big case it twice, nor should there be nec- here with a midyear reduction in ex- out of it being major deficit reduction essarily any pride of authorship on my penditures for the very year we are in, pales; it does not quite hit the mark. part since Senator BYRD had the $6 billion net, and not provide that we So I do not have any other remarks amendment ready, and it is here. start that deficit reduction effort with to make. I might have exceeded my 5 The first big issue we could have is these savings. minutes. whether we waive the Budget Act in Would it not be folly to say, well, let I hope we do not have to have this be order to adopt this amendment. That us just wait around and see if we need even a close call. I welcome, on our means we need 60 votes. I hope that ev- this spending authority for something side, putting my name up here as the erybody in this Senate, Republican and else, and then start anew in about 2 Budget Committee chairman. I think Democrat, will vote to waive the Budg- months with a budget resolution where we should waive the Budget Act on this et Act for this amendment. It is a tech- we have to do 50 times this much over amendment if that is necessary. I hope nical waiver. It is not a waiver that has the next 7 years, or more? Republican Senators understand that to do with incurring more debt. It is Having said that, this is a very sim- we ought to do this. To not do it would just that this proposal has to go before ple but very, very useful amendment. be true folly, and we could be subject the Budget Committee to be reviewed, It says the savings achieved by this to enormous criticism, and properly so, and technically, if it has not, it is sub- midyear rescission or carving out of al- if we did not devote these savings to ject to quite an appropriate point of ready appropriated money will all go deficit reduction. order. We would not want all kinds of toward deficit reduction in the year we I yield the floor. things coming straight to the floor cut it. It will be traced in the budget Mr. BYRD. Mr. President, I thank that change the Congressional Budget because some of it flows into, or out- the distinguished Senator from New and Impoundment Control Act. So we lays in, other years. It will be counted Mexico. His word on this is very influ- need that point of order. I hope every- as savings in those years, and those ential and meaningful. I am very grate- one will vote for a waiver if it is nec- amounts will go to deficit reduction. ful for what he has said in his support essary. In a sense, it lowers the caps in a for waiving what might be otherwise a Essentially, it is not necessarily the manner such that it would be very dif- budget point of order. case that if Congress approves rescis- ficult to spend the money. But what we Mr. President, I ask unanimous con- sions and literally cuts money out of are saying is it cannot be used for any- sent that Senators FEINGOLD, DORGAN, ongoing programs that those savings thing else, and nobody should be wor- and BUMPERS be added as cosponsors. would go toward deficit reduction. ried about that. I will yield whatever time the Sen- That is not necessarily the case. For those who are wondering about ator from Arkansas may desire off the As a matter of fact, if you did a re- tax cuts, there is no question that the time that I control. scission and you saved some money but law is already very clear that you can- The PRESIDING OFFICER. Without you did not provide for what happened not use discretionary savings to pay objection, it is so ordered. to the savings, essentially you could for tax cuts. How much in tax cuts we Mr. BUMPERS addressed the Chair. fill the cap back up with later spend- will seek, I do not know. Clearly under The PRESIDING OFFICER. The Sen- ing. You could go from whatever you existing law, when you do that, you are ator from Arkansas is recognized. cut all the way up to the cap that year, going to have to have entitlement Mr. BUMPERS. Mr. President, I want and you would still be within the pro- changes to offset the tax cuts. to compliment the Senator from West S 4788 CONGRESSIONAL RECORD — SENATE March 29, 1995 Virginia for this very important pro- which has a great future. His house ing to have time under his control posal, which I see as a sign of things to payment will not be as much. His car yielded back. come. I see this as absolutely essential payment will not be as much. The dol- Mr. DOMENICI addressed the Chair. for keeping faith with the American lar will again be king, and the people The PRESIDING OFFICER. The Sen- people, who are counting on us to do on Wall Street will be rhapsodic. ator from New Mexico. something about the deficit. But that pales compared to the way Mr. DOMENICI. Mr. President, would Everybody knows that we are going the American people would change the Senator yield 1 minute? to be a severe disappointment to those their attitude about this institution we Mr. BYRD. Absolutely. people unless we give up the idea of call Congress. Mr. DOMENICI. Mr. President, I no- this so-called middle-class tax cut and Democracy always hangs by a mere tice my friend from Arkansas said he put this spending, which we are labor- thread. When we say to the American was ‘‘heartened.’’ Let me say I will be ing mightily to cut, on deficit reduc- people, ‘‘We cannot function anymore. heartened almost to death if about 10 tion. We made you a promise, but we do not or 15 people on that side of the aisle Just on a personal note, Mr. Presi- intend to keep it,’’ we erode people’s vote for that balanced budget we were dent, I have not received one single let- confidence in their Government. Every talking about. ter from a constituent saying, ‘‘Please time you do that, you pay a little heav- That will be the test, not this little give me my middle-class tax cut.’’ And ier price. $6 billion baby. I think with the great I have received literally thousands of I may vote for this bill simply be- enthusiasm that I am hearing from letters from people saying, ‘‘Please put cause I saw the remarks of the distin- that side of the aisle that there might it all on the deficit.’’ You cannot do guished budget chairman in the paper be great fever and fervor and enthu- both. And if you chose to do both, you this morning. Senator, I want to say I siasm for the balanced budget that we would run into an unmitigated disas- was heartened. I was heartened by your have been trying to put together. ter. You would have to cut Social Secu- comments in that story this morning. I I thank the distinguished Senator rity; you would have to cut Medicare; am heartened when I see the chairman from West Virginia for yielding. I yield you would have to cut unbelievable of the Finance Committee singing out the floor. programs, such as veterans, to achieve of the same hymn book, the same page. Mr. BYRD. Mr. President, if I may a balanced budget by the year 2002, or retrieve 1 minute, I yield it to the Sen- any other year. Then my heart sinks when I look at what the leader in the House and the ator from Arkansas. The proposal of the Senator from Mr. BUMPERS. I thank the Senator West Virginia is simple, straight- leader in the Senate are saying. Not singing from the same hymn book. for yielding 1 minute. forward, dynamic, and absolutely nec- I do not want to open up the debate essary if we are serious about deficit They say we will have a tax cut. So I am really troubled about how I on the balanced budget amendment, reduction. but let me say to my good friend from We tried cutting taxes and increasing will vote on this. I do not want to vote for a tax cut. I wanted to vote for defi- New Mexico: Here is the opportunity to spending back in 1981. That was $3.5 have the best of two worlds. Do not tin- trillion ago. We just finished, Mr. cit reduction and keep faith with the American people. ker with the Constitution, and balance President, a very volatile debate on the the budget—both. I yield the floor. balanced budget amendment. I was on Mr. President, this vote is going to the unpopular side of that issue, be- separate the people who want a politi- VOTE ON AMENDMENT NO. 423 cause I regard the Constitution of the cal issue to talk about and those who The PRESIDING OFFICER. All time United States with a reverence re- really believe in deficit reduction. has been yielded back. The question is served only for the Holy Bible. There There has never been a more golden on agreeing to the amendment. were a lot of politics involved in that moment here where the U.S. Senate The yeas and nays have been ordered. debate. But you and I both know we can stand up and say ‘‘As much as I The clerk will call the roll. cannot balance the budget with politi- would like to give people a tax cut, we The legislative clerk called the roll. cal rhetoric. We cannot balance the are not going to do it, because we have Mr. FORD. I announce that the Sen- budget with anything less than com- a higher responsibility.’’ ator from North Dakota [Mr. DORGAN] mon sense and spine. I am like the Senator from West Vir- is necessarily absent. I heard the Senator from West Vir- ginia. I have never made an enemy vot- I further announce that, if present ginia say a moment ago, when I was in ing for a tax cut. There is a Senator in and voting, the Senator from North my office listening to his remarks, that this body came up to me about 10 years Dakota [Mr. DORGAN] would vote unless this amendment passes, which ago and said, ‘‘Senator, I just saw a ‘‘aye.’’ says this $6 billion in net spending cuts poll that 92 percent of the people in The PRESIDING OFFICER (Mr. on this bill we are considering goes for this country do not want their taxes THOMAS). Are there any other Senators deficit reduction, he will vote against increased.’’ Well, no kidding. I would in the Chamber desiring to vote? the bill. And that makes a lot of sense. assume that figure would be 99 percent. The result was announced—yeas 99, There are a lot of cuts in this bill So, the choices cannot be easy, if we nays 0, as follows: which, if I had a choice about it, I are serious. The choices must be tough. [Rollcall Vote No. 119 Leg.] would prefer to keep. There are dra- Here is a vote that will separate those YEAS—99 matic cuts in housing. There are dra- who want the issue from those who Abraham D’Amato Hollings matic cuts in jobs. There are dramatic want to keep faith with the American Akaka Daschle Hutchison cuts in a lot of programs which I cher- people. Ashcroft DeWine Inhofe Baucus Dodd Inouye ish, which I think go to the very heart This amendment, carefully drafted, Bennett Dole Jeffords and strength of the Nation. I do not says ‘‘You may not use this deficit re- Biden Domenici Johnston want to go through this agony only to duction for taxes, or increased spend- Bingaman Exon Kassebaum Bond Faircloth Kempthorne see it go out for what is called a mid- ing.’’ Bear in mind, it is not just taxes Boxer Feingold Kennedy dle-class tax cut that includes people here. It says two things: Do not in- Bradley Feinstein Kerrey who make $200,000 a year. crease spending on something else Breaux Ford Kerry I promise you that the workers of planning to use this $6 billion as an off- Brown Frist Kohl Bryan Glenn Kyl this country would get just about a 13- set; and do not plan to use it for a tax Bumpers Gorton Lautenberg inch pizza—the equivalent of the tax cut. It is just that simple. Burns Graham Leahy cut would be about a 13-inch pizza on I thank the Senator from West Vir- Byrd Gramm Levin Campbell Grams Lieberman Friday night. If we balance the budget, ginia for yielding me this time. I yield Chafee Grassley Lott as we say we are going to, I promise the floor. Coats Gregg Lugar you, he would give up pizza for life in Mr. BYRD. Mr. President, I have no Cochran Harkin Mack order to give his children some sense of other requests from Senators who wish Cohen Hatch McCain Conrad Hatfield McConnell a good destiny, so that they are living to speak. I assume that the distin- Coverdell Heflin Mikulski in a country that is worth living in and guished minority leader would be will- Craig Helms Moseley-Braun March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4789 Moynihan Reid Smith Along with all the many kind things tinguished himself. He was recognized Murkowski Robb Snowe Murray Rockefeller Specter that were said about him, I would like for his heroism, his leadership, his Nickles Roth Stevens to add my own strong feelings of affec- courage by the United States of Amer- Nunn Santorum Thomas tion for one of the finest Members of ica, and I have always valued those Packwood Sarbanes Thompson the U.S. Senate that we have ever had Pell Shelby Thurmond days when in the course of the Senate Pressler Simon Warner in our country. And that is, of course, life we had to address issues relating to Pryor Simpson Wellstone HOWELL HEFLIN who is retiring. the Marine Corps. Many times have we NOT VOTING—1 I have gotten to know HOWELL very gone to the Marine Corps to attend well over the last 6 years. He is a man Dorgan meetings, to attend breakfasts, the two of unquestioned integrity and intel- of us, to always express our gratitude So the amendment (No. 423) was ligence. HOWELL HEFLIN is a person agreed to. to the corps. So I say to my good who has the capacity for great friend- friend, ‘‘Semper fi.’’ Mr. BYRD. Mr. President, in order ship and compassion for people. He is a that we might not delay Senate rollcall I yield the floor. person who always has dealt Mrs. BOXER addressed the Chair. votes, I shall ask unanimous con- straightforwardly and honestly with The PRESIDING OFFICER. The Sen- sent—— his colleagues and with his constitu- ator from California. The PRESIDING OFFICER. If the ents. He is the kind of a man that—if Mrs. BOXER. Thank you very much, Senator will withhold, the Senate is we had 100 people like him, this would not in order. be an even finer institution by far than Madam President. The Senator from West Virginia. it is today, and it would be a much bet- As Judge HEFLIN, as we call him, is Mr. BYRD. Mr. President, rather ter country even than we are today. walking over to Senator WARNER to than moving to waive, in view of the He sets an example of all the best shake his hand, I just wanted to add a fact that no Senator voted against the things in public service, for his con- couple of words. amendment, I shall ask unanimous stituents in Alabama, and for people If any American did just one or two consent, to thus save a rollcall vote. I all across this country. You have been of the things that HOWELL HEFLIN has ask unanimous consent to waive the a role model to me, a mentor and a done in his life, that individual would provisions of the Congressional Budget friend. I, along with our colleagues, am be so blessed—to be a war hero, to be a Act of 1974, and the Balanced Budget going to miss you and the qualities great and respected judge, to be a great and Emergency Deficit Control Act of that you represent as a legislator, as a U.S. Senator, one who has respect from 1985 for the language of amendment No. Senator, and as a human being. both sides of the aisle and, indeed, af- 423 as included in any conference re- So along with the rest of us, I send fection. port on H.R. 1158. you my respect and my affection and, I just want to say to you, Judge HEF- The PRESIDING OFFICER. Is there indeed, my love. LIN, that you have been my pal and my objection? Without objection, it is so I thank the Chair. friend, that I have gone to you with the ordered. Mr. WARNER addressed the Chair. issues that perhaps were not in your Mr. BYRD. Mr. President, I thank all The PRESIDING OFFICER. The Sen- best interest to support but you always Senators. ator from Virginia. listened to me and you always made a Mr. HATFIELD addressed the Chair. Mr. WARNER. Mr. President, I would judgment that you thought was right The PRESIDING OFFICER. The Sen- like to join my many colleagues in for the people you represent but also ator from Oregon. paying our profound respect to the what was the right thing for you to do Mr. HATFIELD. Mr. President, may judge. as a human being. we have order in the Senate? When I first came to the Senate, I I just wanted you to know one more The PRESIDING OFFICER. Order in was told to look out for those Senators thing. I have served in the Congress for the Chamber. who were colorful, Senators who would Mr. HATFIELD. Mr. President, I a long time, in the Senate just a few always be there to kind of give a help- years, and I remember an incident that would like to suggest what the imme- ing hand when you needed it. diate agenda may be for the rest of this occurred on the floor when there was HOWELL HEFLIN and I came to the an amendment brought before this day. Senate together, and from the first day body that on the surface maybe one did We have amendments pending, and the chief judge became one of those not understand its true meaning and are ready to be offered by Members. We colorful Senators for most of us. He how much it would impact certain peo- urge them to be here. I think Senator stood out tall in our freshmen Senate ple in this country. MCCAIN will be offering the next class, and now he stands even taller as Judge, you voted for that amend- amendment. We have on our list Sen- he announces today his intention not ator KYL, and Senator PRESSLER, and to seek another term in the Senate. ment, and then when our friend from then we would like to finish today’s ac- That was a sad message for me. For Illinois came to the floor, Senator tivity between 7 and 7:30. all Members of our Senate class who MOSELEY-BRAUN—I am so happy that Mr. FORD. Mr. President, I make a came in with him, his friendship, in- she is here—and she made the case to point of order that the Senate is not in deed his wisdom, is something we have the Senate that that amendment would order. We cannot hear the distin- sought and relied on through these really tear apart many of our people guished chairman. many years. and bring back memories that haunt Mr. HATFIELD. I would estimate I should like to also add that the Hef- them, you stepped back and you led that we would probably wind up today lin family as a whole, his lovely wife, this Senate in its reversal of that between 7 and 7:30, and earlier, if pos- who has been an active member, are be- amendment. You did not think about sible, depending on rollcall possibilities loved members of the Senate family. whether it would make you popular or for the amendments that are ready to When the judge did not have a smile, whether you would win that vote, be offered. she would have a smile. And I say to which you did. You led us onto the I yield the floor. my good friend, how fortunate you right path. I yield 2 minutes to the Senator from have been in this life of yours of many Judge, you are a leader, and we will Wisconsin. accomplishments to have had that very miss you. There are not enough people f strong and faithful partner by your in politics who are willing to take the side these many years. risks that you have taken. God bless SENATOR HOWELL HEFLIN OF (Mrs. SNOWE assumed the chair.) you. And myself, I find already that ALABAMA Mr. WARNER. Madam President, as there is a void in the Senate just know- Mr. KOHL. Thank you very much. one who was privileged—and I say this ing you will not be here in a year and Mr. President, I would like to take with a great deal of humility—to have a half. But let me tell you, I am going just a minute or two to say a few words worn the green of the Marine Corps, to look forward to working with you in about our friend, HOWELL HEFLIN. HOWELL HEFLIN is indeed one of those the remaining time that we have to- I was not able to get here earlier unheralded, true heroes of the U.S. Ma- gether in the Senate. when Senator HEFLIN was on the floor. rines. He fought in the Pacific. He dis- I yield the floor. S 4790 CONGRESSIONAL RECORD — SENATE March 29, 1995 Ms. MOSELEY-BRAUN addressed the But certainly no one has loved Ala- look forward to more of those in- Chair. bama more than Judge HEFLIN has. He stances arising in the future. We will The PRESIDING OFFICER. The Sen- has worked for that State. He has certainly miss you when you leave. ator from Illinois. worked for the people of that State. He Mr. LEVIN addressed the Chair. Ms. MOSELEY-BRAUN. I thank the has worked to give the people of that The PRESIDING OFFICER. The Sen- Chair. State the kind of leadership, the kind ator from Michigan. Madam President, I rise to associate of guidance, the kind of strong advo- Mr. LEVIN. Madam President, I hate myself with the remarks of my col- cacy in this body over time. to see HOWELL HEFLIN leave the U.S. leagues and to join in saluting Judge I know his service in behalf of the Senate. We came here together. We HEFLIN as he is known to all of us who people of Alabama will be greatly were classmates. He and his wife, Mike, have had a chance to work with him. missed. We will certainly miss him, and my wife, Barbara, and I have had He is truly a beloved figure. precisely because he provided the an awful lot of good times together. A moment ago, I walked over and moral leadership and really the voice I do not know of any better mind or gave Judge HEFLIN a big kiss. Now, I do of what the South can be and what the any greater heart in the U.S. Senate. not know if that is the way things have South is today. He has provided the HOWELL HEFLIN’s mind is a tremendous occurred in the Senate over time, but leadership in regard to issues having to instrument of good, of balance, of the fact is that just as the Senator do with race, Madam President, in a thoughtfulness, and compassion, but of from California and I and the Presiding way that was always consistent, al- logic. Officer represent the new Senate, ways fair, always straightforward. And His background as a judge brought Judge HEFLIN represents the new he did so with courage. great wealth to this Senate. We have South, and he has given rise to the And I want to end by saying that I watched him over and over again tack- kind of leadership, the kind of moral think if one thing distinguishes Judge le some of the most difficult issues force that has lifted up this body cer- HEFLIN, it is his courage. He stood on that faced this country and bring to it tainly and, indeed, this entire country. this floor about a year ago and made a judicial temperament, a willingness His integrity, his intelligence, his com- probably one of the most eloquent to look at all sides of an issue, and mitment and faith in the Constitution speeches I have every heard in my life. of these United States, faith in what He made it from the heart and he made many issues have more than just two the American dream has always stood it with great courage. It was that cour- sides. But we have stood in admiration for and can be in the future, has led age, I am sure, that the people of Ala- as we watched him analyze an issue. Judge HEFLIN in a direction that I bama recognized when they elected And that great mind has been think is without peer and without par- him to serve in this body. He certainly matched by a great heart. HOWELL HEF- allel in this body. has done his best to fulfill the sacred LIN has brought dignity and decency to He has provided constant leadership trust that the people of Alabama put in this institution. We all, I think, would and always had the time to be nice. He him and in so doing he has provided a like to believe that we add a measure has always had the time to listen. He great service to all of the people of the of that, but I do not know of anybody has always had the time to take a jun- United States. that has lived up to that requirement ior Member under his wing and talk He has been a force for good, he has of public service that we not only bring with them about the issues, no matter been a force for the light. We will all talent of intellect but that we also how arcane. miss him. Even as we all make prom- bring a human decency to the job. I remember working with Judge HEF- ises now, Judge, to come visit you and And so, I am glad for you, Senator LIN on the Judiciary Committee and see you, the fact of the matter is we HEFLIN—I have to be formal speaking going over issues having to do with are going to miss not having you here on the floor. HOWELL, I am glad for ALJ’s and bankruptcy reform and every day in the next few years. So, you. I am glad for Mike. But, I must things that really do not rise to the farewell in that regard, and my salute tell you, I am sad for Barbara and sad level of the press releases and the to you. for myself. The Senate will be poorer. things that make the news but that are We love you. We cherish you. We Your life, I know, will go on and you vitally important in the way we exe- cherish what you have done for all of will have more time to do things which cute and administer the laws of the us. And we will never, ever forget the you so long delayed. But we shall miss United States. He paid attention to the tremendous role that you have played you terribly. And we will take full ad- details with a sense of the law and his- in leading this country in the right di- vantage of the year and a half left that tory, with a sense of the philosophy rection. we have of your talent here in the U.S. and the right way to go in such a way I yield the floor. Senate. as to give leadership and guidance to Mr. CHAFEE addressed the Chair. Mr. SIMPSON addressed the Chair. those of us who had just joined this au- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- gust body. ator from Rhode Island. ator from Wyoming. I can tell you that the Senate is Mr. CHAFEE. Madam President, I Mr. SIMPSON. Madam President, going to miss Judge HEFLIN. I person- join in the tributes to Senator HEFLIN. there are four of us here on the floor— ally am going to miss Judge HEFLIN. I It has been my great privilege to have Senator PRESSLER, Senator LEVIN, Sen- know the people of Alabama are going participated on a couple of trips with ator HEFLIN, and myself. We all came to miss having Judge HEFLIN’s service him and his wife, Mike. He is a wonder- here together in the class of 1978. in the Senate because, if nothing else, ful traveling companion and a wonder- HOWELL HEFLIN and I were imme- he has been an advocate for Alabama ful friend. diately placed on the Judiciary Com- like I have never known. My mother The eloquent remarks that were mittee. Senator LEVIN, being more would have been very proud to know made by the Senator from Illinois in adroit, and Senator PRESSLER, too, Judge HEFLIN. connection with Judge HEFLIN are cer- managed to escape service there. My mother, by the way, Madam tainly true. She mentioned his cour- But HOWELL HEFLIN and I went to the President, was originally from Ala- age. He has not only courage in debate, Judiciary Committee side by side, bama, and I consider myself to be—in but he has physical courage that was freshmen Senators. And we went imme- fact, it is interesting. Judge HEFLIN is demonstrated by his receiving the Sil- diately to work on the issues that al- sitting on the floor with the Senator ver Star in World War II in the Marine ways confronted a Judiciary Commit- from Louisiana. Together they rep- Corps. tee, things like—tough ones—issues of resent my parental ancestral homes, So, Judge, you have not packed your judges, issues of immigration, issues of both Louisiana and Alabama. bags yet. You are going to be around civil rights, the balanced budget But my mother came from Alabama. for a year and a half, so we do not want amendment. I used to spend summers there as a to say farewell yet. But we just want to One of the greatest privileges I had girl. I grew up on a farm there in the say what a great treat it has been to was watching this man work on the summertime. I have a great love for his have been associated with you and with balanced budget amendment, day after State. your wife on various occasions. We day, year after year. The first bill out March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4791 of the chute every year was the bal- good U.S. Senator is. I wish you all my this Congress as an excuse—a ‘‘good’’ anced budget amendment. And we were best. reason to deficit-spend. very close and I feel we will get there f I am so very pleased to stand here this year. It will largely be a tribute to today and be considering a bill that you, sir, when it occurs, to HOWELL EMERGENCY SUPPLEMENTAL will provide for those in need but will HEFLIN. APPROPRIATIONS ACT not add to the Nation’s debt. I think it And always you were supportive and The Senate continued with the con- is notable that the first amendment to helpful to me. When I would seek your sideration of the bill. this legislation—offered by our fine counsel, you would give it in a most Mr. SIMPSON. Mr. President, I rise colleague Senator MIKULSKI—sought honest and refreshing way, with that in support of the pending legislation, not to strike the proposed rescissions extraordinary honesty and integrity which would provide for disaster relief from the bill—but rather to replace the that is, sadly enough, sometimes lack- and for accompanying rescissions. targeted, considered rescissions with ing, but not always. This is not by any measure a partisan ‘‘across-the-board’’ cuts. But to me, you were a steady, bill—indeed, it was put together by the I opposed that amendment, as I be- thoughtful friend and very, very wise. I Appropriations Committee in the same lieve the targeted approach to be the do not know many people who are wise. fine bipartisan spirit that has always better way to prioritize our spending. I know brilliant people. I know characterized that committee, and the I agree with my friend Senator BOND thoughtful people. I know intelligent relationship between two very fine and that we appear to assume that existing people. You are a combination of all capable men—Chairman HATFIELD and priorities are perfectly set whenever we those things, but you have a wisdom the ranking member, Senator BYRD. attempt across-the-board cuts—though and common sense which is enviable. I do believe, however, that there is surely they are not. But I take heart in And in our travels together, you and good cause for many of us who are now the offered amendment as well—the I have a great common bond, and that in the majority, to be particularly consideration of such an amendment is humor; good humor. pleased with this legislation. first shows us that we are in a new at- I will miss your no-tie Hawkins sto- If there was one glaring, disturbing mosphere these days, in which fiscal ries, but not much. And I will share symptom of ‘‘business as usual’’ in prudence is considered to be desirable. with you the toast to water again, and Washington as practiced for too many It shows that the voters indeed drove the great story on whiskey, of course, recent years, it would be the practice their message home hard last Novem- which is memorable in itself. of always saying ‘‘yes’’ to new spend- ber. But, you and Mike have traveled side ing, even when most always failing to I feel very pleased that my col- by side, as Ann and I have, through make the hard decisions to pay for it. leagues will approve the pending re- many years of life. And that remark- One category of spending in which scissions legislation. able woman at your side is one of the this has been most obvious has been Mr. MCCAIN addressed the Chair. most special ones to me and to my the area of disaster relief. It is, of The PRESIDING OFFICER. The Sen- wife, Ann. course, entirely fitting and proper that ator from Arizona. So as you go on to new things, know- we provide assistance to those who are Mr. MCCAIN. Mr. President, before I ing that the actual essence of your life in need solely because of an ‘‘act of propose an amendment, I would like to is your good humor, it reminds me of God.’’ But we have too often simply ap- make a few remarks on the legislation what my mother said—that humor is propriated this money, added it to the pending before the Senate. the universal solvent against the abra- Federal deficit, and failed to prioritize First, I congratulate the managers of sive elements of life. our spending priorities within existing the bill, the chairman and ranking You have lived that way and you spending levels. member of the Appropriations Commit- have helped us all by just saying, I joined our distinguished leader, tee. I think the $13 billion that is going ‘‘Relax. Settle down. We have a job to Senator DOLE, during the last session, to be taken out of the deficit is an im- do. Don’t get swept up in the emotion in attempting to provide for a full portant step forward. I think that some of it.’’ spending cut offset during the last time very difficult decisions have been The counsel, the friendship, the trust the Senate considered emergency dis- made, and I know that the Appropria- you gave to me are deeply appreciated. aster appropriations. We failed in that tions Committee has very difficult We have shared much together. You effort, I am quite sorry to say. choices to make. are a very dear friend and we wish you But today we see here a bill that not I do note also that the House has cut well. Good luck and Godspeed. We will only provides for needed disaster as- $17 billion, a $4 billion differential. enjoy these many months more of sistance, but more than makes up for Many of those, of course, were care- working with you on things that will that new spending with an even larger fully examined by the Senate Appro- come to pass simply because of your amount of spending cuts. This, to me, priations Committee and were found presence, and the fact that you have means that we have truly arrived at a wanting. decided to leave us will impel us to do brand new day in Washington. Madam President, earlier, I wrote a things that are left undone that we will Let me assure my colleagues that we letter to the chairman of the commit- get done as a tribute to you. do no extra, special service to the vic- tee recommending $6.3 billion in low- I thank the Chair. tims of disaster, nor to our future gen- priority defense and nondefense items Mr. PRESSLER addressed the Chair. erations, by simply adding the tab for funded in the defense budget, as well as The PRESIDING OFFICER. The Sen- such spending to the future national several domestic programs. ator from South Dakota. debt. We do not need to be reminded I do not want to go through all the Mr. PRESSLER. Madam President, I that we will soon be asked to vote the details, but clearly there was some join in the tribute to my good friend debt limit up to $5 trillion—an aston- funding that could have been the sub- and colleague. ishing, incomprehensible, inconceiv- ject of a rescission. I regret that they I recall visiting his home in able figure. were not included in this package. Tuscumbia, AL, and his lovely wife, The accumulation of such massive Things like $5.8 million—this is out of Mike, receiving us there. I recall serv- debts does not assist us in our efforts the defense appropriations budget—$5.8 ing on the Commerce Committee and to cope with disasters or to forestall million for the National Center for the Judiciary Committee with him their worst effects. It only undercuts Toxicological Research; National over the years, and I believe we have our ability to adequately provide for Guard outreach program in the Los An- been on a trip or two with some of such work. There has never been a good geles school district; directed alloca- these delegations. policy reason to add such spending to tion of child development funds to the So I congratulate him on great serv- accumulating debts. Pacific region; a wild horse roundup at ice to the United States. It has been a Rather, the existence of a natural White Sands missile range, New Mex- pleasure to serve with you. I think you emergency, of a climate of urgency, ico; electrical service upgrades; natural are an example to all of us of what a has simply been used extensively by gas study and infrastructure planning. S 4792 CONGRESSIONAL RECORD — SENATE March 29, 1995 Again, these are out of the defense ap- Examples of projects funded in that funds were appropriated for the construction propriations bill, I emphasize. $2.5 mil- bill which should have been rescinded of a swine research center. Additional con- lion—I am sorry, I did not give the is $450,000 for the construction of the struction cost requirements for this facility amounts—$2.5 million to establish a Center for Political Participation; are about $13 million. The Agriculture Re- land management training center; $2.2 $750,000 for the Sci-Trek Science Center search Service currently conducts swine re- search in at least 13 different Federal facili- million for a natural gas study and in- to create a mezzanine level in its build- ties at a cost of over $26 million. Many of frastructure planning; $1.5 million for a ing to increase exhibit space in down- these programs and facilities are ongoing wild horse roundup; $1 million for im- town Atlanta; $1.45 million to the Col- projects. The agency has no plans to abolish provement of navigational charts for lege of Notre Dame in Baltimore, MD, or move existing research and researchers to the lower Mississippi River; $10 million for capital costs, including equipping the proposed swine center if it is con- for a Los Angeles school district youth and outfitting activities in connection structed. The Department of Agriculture has program. with renovation of the science center; estimated this facility would cost about $10 Again, Madam President, many of and $2 million for the De Paul Univer- million annually to operate. these funds may be very important and sity library to provide direct services Existing legislation directs the downsizing vital, but what happens around here is of the Federal work force. Therefore, provid- and partnerships with community or- ing additional researchers for this facility if you cannot get it into the specific ganizations, schools and individuals. would cause adverse effects in research else- appropriations for which they would Madam President, my point here is where. normally be attached, then, of course, many of these programs are good pro- Critical swine research could be carried they are in the defense appropriations grams. Many of them are even needed out at an existing ARS facility at consider- because it has such a large amount of programs. The question is, are they ably less cost than providing an additional money available. needed to the degree where we should facility at a time when USDA is closing fa- What is $1 million to improve the fund them out of taxpayers’ dollars, cilities and reducing staff. navigational charts for the lower Mis- unauthorized? And sometimes they I ask my friend from Washington if sissippi? What is $10 million for the Los even did not go through the appropria- he knew of that action that was taken Angeles school district; $2.5 million for tions process. They clearly did not un- by the House and perhaps tell me natural gas utilization; $10 million for dergo the scrutiny that was necessary. where the facility is located and what natural gas vehicles; $10 million for I would like to thank the committee that facility would do, if he has infor- electrical vehicles? The list goes on for adopting language to rescind mation. and on, Madam President. wastewater treatment earmarks put in Mr. GORTON. I may say to my friend What I am saying is that they had last year. I also appreciate the com- from Arizona that I have the House re- nothing to do with defense. They mittee’s restriction on the expenditure port here in front of me. My page 6 should have been rescinded and, unfor- of $19 million which was earmarked to deals with the Department of State tunately, they were not. construct a footbridge to Ellis Island, a international organizations—— Mr. President, $11 million for seismic bridge that was opposed by the Na- Mr. MCCAIN. The bottom of page 7, research, that incorporated research tional Park Service. The committee top of page 8. institutions; $20 million for National has agreed to hold up that money until Mr. GORTON. Again, I answer my Center for Manufacturing Sciences; $5.4 an environmental impact statement on friend from Arizona in the following million for Hawaii, small business de- the project is completed. I think this is fashion: I do not see the Senator from velopment center; $1 million for a prudent and responsible action, and I Iowa on the floor, though I suspect he Saltsburg Remediation Center, what- commend them. will be back soon. I think he or the ever that might be; an additional $15 Mr. President, the committee should Senator from Mississippi can better an- million for electrical computers; $4 also be commended for making a num- swer the Senator from Arizona. This million, Institute for Advanced Flexi- ber of spending cuts that exceed the Senator is here in anticipation of an ble Manufacturing Systems; $5 million House reduction. In fact, the Senate amendment by the Senator from Ari- for nursing research; $1 million for the cuts more than the House in 61 pro- zona on the subject of the Interior De- Police Research Institute. grams. partment Bureau of Indian Affairs, and I might add, that was put in in con- I might point out that in several ac- I intended, in connection with the off- ference, never scrutinized in any au- counts, including highway demonstra- sets, to defer most of the debate to thorization procedure or appropria- tion projects and local library pro- those who were familiar with the pro- tions procedure on the floor. grams, the Senate rescission does not gram. Another $1 million for the southwest- even equal cuts recommended by Presi- I do notice the Senator from Mis- ern Oregon narcotics task force. Again, dent Clinton. I think the Senate can sissippi here. The Senator from Mis- not in either bill; $18.5 million for a and should do better, and I will offer an sissippi is now on the floor. He is the mental health care demonstration amendment later to restore rescissions manager of the portion of the bill deal- project at Fort Bragg, NC, with an requested by the President. ing with the Department of Agri- open-ended pricing program growth I have been examining the bill in de- culture, and I think he can probably clause. tail since it came out on Monday, hav- better deal with that question. The list goes on and on, Madam ing been marked up in committee last Madam President, the Senator from President. The fact is that we should Friday. I am curious about a number of Arizona has asked a question about a stop it. We had an opportunity to do items that remain funded in the bill. I rescission included on page 7 of the away with some of, at least, the $6.3 wonder if I might ask the managers House committee report with respect billion that I had sent and rec- several questions. to the construction of the swine re- ommended to the Appropriations Com- Madam President, I ask unanimous search center and has asked for its jus- mittee, and I hope that in the years to consent to engage in questions and an- tification. come, we will try to exercise signifi- swers with the manager of the bill, the I wonder if the Senator from Mis- cantly more discipline. Senator from Washington. sissippi would prefer to answer that Also, we proposed rescissions of $352 The PRESIDING OFFICER. Without question. million which was appropriated for ear- objection, it is so ordered. Mr. COCHRAN. Madam President, if mark for surface transportation Mr. MCCAIN. Madam President, I ask the Senator will yield, I am happy to projects which do not necessarily rep- my friend from Washington, on page 6 point out that in this part of the bill, resent either Federal, State, or local of the House report, which I do not ex- there were several changes in the fund- priorities. We should have rescinded pect the Senator from Washington to ing that the House had included in its any unobligated moneys, in my view. have, I will quote it to him. legislation. There are a number of The VA-HUD appropriations bill for The House rescission bill on page 6 buildings and facilities and accounts. If fiscal year 1995 included $290 million in said: I remember, this is in the Agricultural special-purpose grants. According to The committee recommends a rescission of Research Service part of the bill. I am estimates, only $7 million of this fund- $12,678,000 in the Agriculture Research Serv- operating on memory now. I was ing has been properly authorized. ice buildings and facilities program. These watching the television monitor when I March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4793 heard the Senator from Arizona pose the Senate had gone along with all of ity; a wheat research facility; an envi- the question about this facility in the recommendations of the House. ronmental simulation facility. Iowa. My recollection is that the House So we have differences of opinion. It all has to do, Madam President, rescinded funds for this project and we They recommended a rescission of all with the role of Government. Do we rejected this proposal and instead took of the funds appropriated for the Farm- spend money on these projects, such as funds not needed for another project. ers’ Home Section 515 rural rental a horse science and teaching center and The House bill also recommended fund- housing program. We decided not to do a center for applied agriculture? Do we ing for a number of projects in the Co- that. We refused to go along with that. allow the State and local governments operative State Research Service The administration did not request a to do it, or does the Federal Govern- buildings and facilities account be re- rescission of those funds, and we ment do it? scinded, and we decided not to go along thought that it would be unfair to stop If the Federal Government does it with any of them as a class. in the middle of the year and eliminate and that is the judgment of this body, The reason for it is, No. 1, I do not all the money that was going to be that is fine. But then I have an addi- think the administration requested available for that rural housing pro- tional problem because what we have those rescissions. No. 2, to go back gram. It is important in many parts of done is left programs like this in and through all of the CSRS buildings and the country. taken other programs such as native facilities projects halfway through the So I will say to my distinguished Americans out. year and try to pick out a few to can- friend from Arizona, he can go through That is the subject of my amend- cel, in effect, or rescind funds at this this bill and pick and choose and iso- ment. time in the year, would have imposed late and identify specific areas where AMENDMENT NO. 424 TO AMENDMENT NO. 420 quite a task on the committee in terms we disagreed with the House. We did of reevaluating all projects in that bill. not rubberstamp what the House has (Purpose: To make adjustments to certain We looked at the overall approach as suggested. We seriously and carefully rescissions) one where, first of all, the administra- considered every provision in the Mr. MCCAIN. Madam President, I tion’s request for rescissions totaling House bill, however. But we came to send an amendment to the desk and $142 million in the Public Law 480 ac- some different conclusions. We think ask for its immediate consideration. counts struck us as something that we we brought our best efforts to bear on The PRESIDING OFFICER. The should recommend for approval. The that challenge and, in a responsible clerk will report. House recommended only a $20 million way, made recommendations to the full The assistant legislative clerk read reduction in funding for title III. Our committee on appropriations. as follows: recommendation is for a $142 million Mr. MCCAIN. Madam President, I un- The Senator from Arizona [Mr. MCCAIN] reduction, which is what the adminis- derstand and appreciate the hard work proposes an amendment numbered 424 to tration requested. of the Senator from Mississippi and the amendment No. 420. We tried to make an independent Members of the Appropriations Com- Mr. MCCAIN. Madam President, I ask judgment based on the facts as we un- mittee. But it is also the right and, in unanimous consent that reading of the derstood them. Our committee had al- my view, the responsibility of those of amendment be dispensed with. ready looked at this proposal for the us who also are Members of this body Mr. COCHRAN. Madam President, I research facility in Iowa and decided it to look at these provisions. And as I object. was meritorious. The committee had discussed before the Senator from Mis- The PRESIDING OFFICER. The agreed, the Senate had agreed, the sissippi came on the floor, when there clerk will continue reading the amend- House had agreed, and the President are billions of dollars appropriated for ment. had signed the bill appropriating the defense that have no relation to de- On page 4, line 20, strike ‘‘$1,500,000’’ and funds for it. fense, and when I see things like—for insert ‘‘$14,178,000’’. We decided not to go back and make example, included is a recommendation On page 5, between lines 8 and 9, insert the a second guess at whether or not the for rescission which is only $93,000. But following: House was justified in its decision. We if the Appropriations Committee did BUILDINGS AND FACILITIES decided to leave it for a discussion with not see fit to rescind it for the Na- (RESCISSION) the House in conference. We will re- tional Potato Trade and Tariff Associa- Of the funds made available under this view that in conference. I will be inter- tion, then obviously there is a certain heading in Public Law 103–330 and other ested in hearing what the arguments degree of cynicism about some of the Acts, $20,994,000 are rescinded. are. I have consulted with Senator things that I see in the appropriations On page 19, line 12, strike ‘‘$11,350,000’’ and GRASSLEY of Iowa. He told me he bills. insert ‘‘$8,250,000’’. strongly recommended the continu- Also, the House recommended that On page 19, strike lines 20 through 23. ation of this funding, and I agreed with the funding for certain agricultural re- Mr. MCCAIN. Madam President, the him. search centers be rescinded. Among amendment would rescind over $12.5 So that is, in a nutshell, the process them were a poultry science facility, million for construction of a swine re- by which I reviewed that account and alternative pest control center, a search facility and nearly $21 million decided to recommend to the Appro- chemistry building, aquatic research which are construction feasibility priations Committee that we not agree facility, center for applied aquaculture, study funds not yet obligated. with the House on that rescission. science facility, southeast research sta- The House rescissions bill removed Mr. GORTON. Will the Senator yield? tion, food science facility, and the list these funds. The Senate bill under con- Mr. COCHRAN. Yes. goes on and on—a plant bioscience fa- sideration would restore these funds. Mr. GORTON. Did not the Senator cility, $3 million for a botanical gar- Madam President, this amendment from Mississippi inform the entire Ap- den. would also restore funding for the $5 propriations Committee that total re- I suggest very respectfully to my col- million to Indian programs. I would de- scissions falling within his jurisdiction leagues that if the State wants to build scribe those Indian programs which were, by percentage, either the highest, a botanical garden, I do not see why have been cut which I seek to be re- or one of the highest, of any of the sub- they should not build it themselves. A stored. committees of the Appropriations grain storage research extension cen- I cannot improve upon the case made Committee? ter. A horse science and teaching cen- in the House committee report for cut- Mr. COCHRAN. If the Senator will ter—that is one I do not understand at ting $12.678 million, and I described yield, I do recall that we are rec- all. A horse science and teaching cen- earlier the House report for the con- ommending more outlay savings than ter. I do not know if we are teaching struction of a swine research center. the House, by far. Almost three times horses or if we are learning about the Additional cost requirements stated in as much in outlay savings will be real- science of horses. Either way, I think the report for this facility are about ized from the recommendations under we have probably explored that issue $13 million. They also mention the cost the agriculture and related agencies fairly extensively in the last couple of about $10 million annually to oper- title of this bill than will be achieved if hundred years. A biocontainment facil- ate. S 4794 CONGRESSIONAL RECORD — SENATE March 29, 1995 It also points out that there is swine tracts and compacts to administer for- Congress has with American Indian and research being conducted in at least 13 merly Federal activities. Alaskan Native tribal governments. different Federal facilities at a cost of Last year, Congress passed Public I believe we can achieve significant over $26 million. Law 103–413 to encourage expanded cuts in fiscal year 1995 spending, and On a Cooperative State Research tribal assumption of BIA programs as we can do so even as we carry out our Services building facilities program, the Federal bureaucracy is downsized. I obligation to ensure that the lowest the House report notes that there is a am concerned the cuts will deter ex- priority projects are cut first before In- current backlog of $400 million to com- panded contracting and compacting. In dian projects. plete facility construction projects al- addition, for the past 2 years, tribes I want to point out again, Madam ready in the pipeline. have borne unreimbursed shortfalls in President, I am seeking a restoration The bill provides for 15 new feasibil- indirect costs because tribes spent of approximately half of the Indian ity studies and this amendment, which funds under cost plans approved by the cuts that were made in Indian pro- would conform with the House bill, Interior Department inspector general, grams in this rescission bill. would rescind all funds not yet obli- but later could not collect reimburse- If we look at the cuts that were made gated and stop all feasibility studies. ment from the BIA because funding in Indian programs as a portion of the I have two reasons for offering the had not kept pace. entire budget, we will find, as usual, amendment. First, I support the Sen- The second program is a community that the cuts in Indian programs is a ate rescission bill that meets the reservation economic development much higher percentage than any other House-passed rescission bill. In light of grant of $600,000. Federal economic de- cuts, rescissions, that have been made. the need for significant deficit reduc- velopment funds, properly adminis- I am seeking to restore four vital tion, I believe the Senate can and hope- tered and distributed, are absolutely programs that are important to the fully should be able to reach the goal. vital to restoring the grossly under- well-being of Native Americans and the Second, the cutting of $12.7 million developed physical, economic, and so- fulfillment of our solemn treaty obliga- and $20.1 million low-priority projects cial infrastructure of American Indian tions. permits the Senate to restore $5 mil- and Alaska Native communities. I might add, Madam President, hav- lion in Indian programs rescinded by This important program was begun ing been down here on numerous occa- the Senate bill, which Indian programs in 1992 as a 5-year pilot program when sions and embarked on efforts like I believe are not appropriate for rescis- 34 tribal proposals were competitively these, I probably will not win this sion. selected from 148 tribal applications. amendment, this vote. I probably will Over the years I have served on the Most grants are used as seed funds to lose it. But it is very difficult for me to Committee on Indian Affairs, I have leverage additional funding. The grants go back to the native Americans and come to the painful yet very certain ranged from a low of $27,000. Fiscal tell them that I did not at least try to conclusion that Indian programs have year 1995 total enacted level for this restore the funds that I believe are nec- been the last to be funded and the first program is $5.945 million. essary to try to help the one group of to be cut. Indian rights protection, $500,000. In Americans whose conditions are worse Last month, the Congressional Re- the context of the Department’s vast than any other group of Americans. search Service provided the Committee trust responsibility to protect, main- I will not recite the statistics con- on Indian Affairs with a study that tain, and manage Indian resources, cerning diabetes, alcoholism, child showed in graphic form how the dispar- these funds offer only minimal assist- abuse, and all the other horrible and ity in per capita Federal expenditures ance to support reservation and native graphic statistics that afflict Indian between Indians and non-Indians, community level efforts to protect country, because I have done that be- which first became negative for Indians property rights. fore and I am sure I will probably do in 1985, has steadily worsened since Included in this account are funds for that in the future. then, and further deteriorates in the reserved water rights negotiation/liti- I feel that in keeping with my obliga- fiscal year 1995 enacted appropriations. gation and settlement expenses, funds tion to them as chairman of the Indian Consequently, in recent weeks, as the to uphold the directives protecting na- Affairs Committee, I cannot, in good 1995 rescission efforts have quickened tive allotments prescribed in the Alas- conscience, not seek a restoration of in Congress, I have told Indian tribes kan National Interest Lands Conserva- the funding for at least those most on every occasion that I believe many tion Act, and funds to fulfill the inves- vital programs. of the proposed rescissions on Indian tigation and certification mandates of Madam President, I ask for the yeas programs are a bad idea and that I op- the Alaska Native Claims Settlement and nays on this amendment. pose them. Act. The PRESIDING OFFICER. Is there a The Senate bill already adequately The last program would be the Indian sufficient second? addresses some of the House proposed Direct Loan Program of $1.9 million. There is not a sufficient second. cuts of tribal court funds, the Indian This account provides loans to tribes, Mr. COCHRAN. Madam President, I business development grants, and an Indian organizations, and individual question the ruling of the Chair on the amount sufficient to permit construc- Indian for-profit enterprises under the request for the seconds. tion of the Indian Museum Cultural Indian Financing Act. The PRESIDING OFFICER. Is there a Center to proceed. Fiscal year 1995 total enacted level sufficient second? I strongly support efforts to main- for this account is $2.479 million, which There is now a sufficient second. tain funding for these accounts so long through a subsidy arrangement is ex- The yeas and nays were ordered. as they are offsetting reductions from pected to leverage up to $10 million in The Senator from Washington. lower priority programs. In addition, I direct loans this year, unless rescinded. Mr. GORTON. Madam President, as believe there are other lower priority Madam President, I absolutely be- the distinguished Senator from Arizona projects or programs that should be lieve we must place short constraints has pointed out, this amendment has cut, rather than the $5 million in sev- on appropriations in this and following two quite separate and distinct parts. eral BIA accounts. fiscal years. The amendment would re- And of course, the arguments relating The amendment would restore $5 mil- store less than one-half of the Indian to those two separate and distinct lion in Indian funds and rescind and program rescissions proposed in the parts are quite separate from one an- offset $12.7 million from the swine re- Senate bill, and it would make offset- other as well. search facility. The $5 million is com- ting cuts in the construction of the The Senator from Arizona has fought prised of four items in the BIA oper- swine research facility in the coopera- a long and often lonely fight with re- ation of Indian programs and Indian di- tive State Research Service buildings spect to many items and many appro- rect loan program accounts. and facilities account. priations bills. He was quite eloquent, The Indian self-determination fund: These Indian programs are an ex- just a few moments ago, on the misuse These indirect cost fundings are cur- tremely important expression of the of the defense appropriations bill for rently needed by tribes under self-de- solemn government-to-government re- nondefense items, and went through termination and self-governance con- lationship the United States and this quite a number of them. Yet this March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4795 amendment does not deal with an off- fewer rescissions than we ended up ican concerns. I know that we have set from the defense budget for with for the Bureau of Indian Affairs. been more generous to them than was nondefense items. But, for some reason But the No. 1 goal of those who were the House of Representatives. And I or another, it takes on the agricultural concerned with and sensitive to Indian know that the Senator from Mis- appropriations bill which, as has al- affairs, Madam President, was not the sissippi was tougher on agriculture, ready been pointed out by the distin- particular line items for the BIA, overall, than was the House of Rep- guished chairman of that subcommit- which, of course, is bitterly criticized resentatives. I do not think that we tee, has in it an amount of rescissions by many of its purported beneficiaries, should, by this amendment, exacerbate far greater than those proposed by the but was directed at the total rescission or make worse differences which al- House and I think proportionately as of all money for the National Museum ready exist. high as any portion of this rescissions of the American Indian—two facilities So, Madam President, with regret I bill. So let me speak very, very briefly which have been planned and promised, oppose the amendment. to those agricultural projects because I one storage facility in Suitland and a The PRESIDING OFFICER. The Sen- know the Senators, both from Iowa and museum on The Mall here in Washing- ator from Arizona. Mississippi, will do so themselves. ton, DC. Mr. MCCAIN. Madam President, I At least a significant number of the Another part of this bill for the will be brief. First, I hope the Senator Cooperative State Research Service Smithsonian Institution restores al- from Washington will note these funds proposals here are for money for facili- most $20 million for this year’s do not go to the BIA; they are not BIA ties which are in the process of being progress in the creation of that Na- programs. They go direct to the tribes. constructed, and where the removal of tional Museum for the American In- I think that is an important distinc- the money might well cause a ces- dian. It seemed to me in making that tion, particularly after he mentions sation of those construction projects. restoration we needed some balance the well-justified criticism of the Bu- It is, I am certain, for exactly that from other Indian appropriations, and reau of Indian Affairs. reason the Senator from Mississippi did for that reason, many of those which Second, if the Senator is correct, not wish to go along with the House of are the object of this amendment were that much of this money has already Representatives. Because there will be included. But the total of all of the ad- been spent and allocated, I do not quite differences on each one of these issues, ditional rescissions for the Bureau of understand the statement in the House a conference committee may well de- Indian Affairs, Madam President, is no- bill that says there is a backlog of $400 termine that some of the studies for where near the amount restored for the million, necessary to complete facili- new projects, which might be very ex- museum. ties already in the pipeline; so that is pensive, should be dismissed—should be Granted, the beneficiaries are dif- of some interest. And fiscal year 1995 eventually rescinded. But the Senator ferent. There is no question about that. provides for 15 new feasibility studies. from Mississippi—— But we did not go dollar for dollar any According again to the House report, Mr. MCCAIN. Will the Senator yield? more than the Senator from Mis- the Agricultural Research Service cur- Mr. GORTON. Did not wish to deal sissippi did. He rescinded more dollars rently conducts swine research in at just with those items. He was faced than he restored. In our case we re- least 13 different facilities at a cost of with a set of rescissions at varying lev- scinded fewer dollars than we restored, over $26 million, and this facility would els of study and of actual construction. in the broad sense of the term—mat- cost $10 million annually to operate. He and the Senator from Iowa can deal ters of great interest to the native The Senator from Washington al- with other matters, but the swine re- American communities of this country. luded to something about programs in search facility is one that will be be- In fact, of the $5 million which the Sen- individuals’ areas or States. I would fore a conference committee along ator from Arizona seeks to restore, $1.9 point out to him these Indian programs with all the other cuts and reductions, million, almost 40 percent, is for a pro- are national programs. They have no where members of the Subcommittee gram which the President in his budget particular affiliation with my State. on Agriculture can determine a prior- for next year has recommended zero I do not intend to drag out this ity order of rescissions, designed to dollars. So all we are doing here is an- amendment or the debate. I know that meet the very real goal of this rescis- ticipating the recommendations of the the Senator from Iowa will, with his sions bill. President of the United States—these usual passion and articulate presen- I think sometime during the course are Indian direct loans—because there tation, defend this program, and I will, of this afternoon, not only Members, is another guarantee, there is a guar- before he even speaks, say I respect and but the general public may have lost anteed loan program for Indians. And admire his continued commitment to track of the extraordinary nature of in each of the other cases, we are deal- his State and agriculture and how im- this bill. I do not believe there is a Sen- ing—which is not the case with all of portant it is to his State as well as ator alive who has dealt in the middle these agricultural rescissions—with that of swine research. of a fiscal year with the rescission of so unobligated funds in smaller amounts So I do not intend to extend this de- many billions of dollars as this one than had originally been intended and bate, and I appreciate the time of the does, in order to make at least a mod- in much smaller amounts than the oth- Senate. est downpayment on balancing our erwise total of rescissions for Indian I yield the floor. Federal budget. It seems to me the matters. Mr. GRASSLEY addressed the Chair. chairman of the Subcommittee on Ag- So I suppose it is possible to say that The PRESIDING OFFICER (Mr. riculture deserves a great deal of credit in one or more of the four objects of GRAMS). The Senator from Iowa. for being willing to rescind a wide restoration here, we might have done a Mr. GRASSLEY. Mr. President, care- range of appropriations which, just a better job. But I know I have been ap- ful consideration was given to the for- few months ago, he felt were appro- proached by many Senators from my mation of the National Swine Research priate. part of the country, as has the Senator Center. Let me also speak, of course, to the from Mississippi, protesting individual A national peer panel recommended other side of the equation and that is rescissions while in general terms, as is the establishment of the Swine Re- the $5 million restoration for the Bu- the case with the Senator from Ari- search Center because the needed re- reau of Indian Affairs concerns. Unlike zona, feeling that, if anything, we have search was not being conducted in any the agricultural section of this bill, not cut out enough spending overall. other State or Federal laboratory na- where the Senate rescissions are great- But the spending that we have not cut tionwide. er than the House rescissions in total off overall almost always seems to be The program of research is not dupli- for Indian purposes in general, the Sen- spending in an area which is not of cative. ate rescissions are less and fewer than much interest to that particular Sen- The mission of the research center is the House rescissions. When I, as the ator; and the areas which are of inter- to develop technology to ensure that chairman of the Subcommittee on In- est are matters of great sacrifice. the U.S. pork industry operates as an terior, was faced with a table of what So I hope we have been reasonably environmentally sound and efficient the House had done, it had, I must say, sensitive in this case, to native Amer- animal production system. S 4796 CONGRESSIONAL RECORD — SENATE March 29, 1995 It will help maintain and increase We must develop systems that allow Reproduction (Athens, GA, Beltsville, MD) the competitiveness and efficiency of U.S. producers to be competitive while Sorting of male and female sperm cells, U.S. pork production and marketing. meeting our Nation’s social and envi- cryopreservation of gametes and embryos; This is the answer which the Agricul- ronmental expectations. neuroendocrine regulation of reproduction; tural Research Service of the USDA genetic and physiological factors that influ- How can these problems be solved? ence litter size. gave in response to a question from the A national group, including rep- Nutrition and Growth (Athens, GA, Belts- House Agriculture Appropriations resentatives from major pork-produc- ville, MD, Clay Center, NE, Columbia, MO, Committee. ing States and the public and private Fayetteville, AR) Neuroendocrine and Concerns expressed by Members of sectors, examined the opportunities bioregulation of physiological and genetic the House of Representatives have not and threats facing U.S. pork produc- factors that influence fat and protein metab- been about the facility itself or the re- tion. These group recommended the es- olism; endocrine control studies to increase search that it will conduct. tablishment of the National Swine Re- the lean and reduce the fat in pork. Their concerns have been with the search Center, concluding that a Domestic Diseases (Ames, IA, Peoria, IL) Viral-induced reproductive diseases; enteric outyear funding of research. unique new swine research center was The ARS and the pork producers are diseases; bacterial and microbiological fac- required to provide the conditions for tors that influence the level of disease and currently working on this and are addressing complex, systems-based is- production efficiency making a good faith attempt to con- sues of critical importance to the sur- Foreign Animal Disease (Greenport, NY) solidate swine research programs in vival and growth of the Nation’s pork Foot-and-mouth disease; African swine fever. the future to reduce program funding production sector. Parasites (Beltsville, MD) Identification of requirements. Why should a public institution con- swine resistant to parasites; epidemiology Pork production is on the increase in duct this research? and vaccines; diagnostic methods for trichi- many States. The center will focus on the type of nosis and toxoplasmosis. The research at this center will help Pork Quality and Stress (Beltsville, MD, research that is best suited to public Clay Center, NE, Columbia, MO, New Orle- pork producers nationwide. institutions. Private sector incentives ARS has no swine research projects ans, LA, W. Lafayette, IN) Improve baby pig to conduct such research are inad- survival by reducing stress and environ- in the areas of waste management, equate; advances are likely to be wide- mental factors; breed and diet effect on marketing, economics, housing, man- ly useful within the United States; and quantity, quality, and composition of pork; agement, human health, or swine results will provide a national strate- metabolic regulation of fat synthesis. health, welfare, and behavior in pro- gic advantage in pork production with Food Safety (Albany, CA, College Station, duction systems. positive impacts on rural development, TX, Clay Center, NE, Wyndmoor, PA) Rapid Permit me to try to answer the key the national economy, and the Nation’s test to identify drug and antibiotic residues; microbiological safety of port carcasses and questions about the National Swine balance of trade. Research Center. pork products; control of pathogenic and RESEARCH PROGRAM SUMMARY spoilage bacteria on meat. NATIONAL SWINE RESEARCH CENTER FACILITY JUSTIFICATION Research at the National Swine Re- I do feel the managers of this bill What national strategic issues are as- search Center will focus on environ- want to get to a vote soon. I believe sociated with pork production? mental quality, including water and air with the forceful response that the Conservative projections indicate quality, utilization of manure, and Senator from Washington just gave as that the United States, in an environ- housing designs to improve conditions to the wrongness of the amendment by ment of trade liberalization and in- for rearing swine and preventing the Senator from Arizona, plus the de- creased demand, will have an oppor- human health problems. fense of this decision of the sub- tunity to triple its pork exports, cur- In addition to areas of research al- committee on this specific swine re- rently 262,000 tons), in the next 10 to 15 ready described in this document, pro- search center, I do not need to add a years. At that level, the impact would posed projects include: great deal to how unjustified the be the creation of 36,000 U.S. jobs and Development of manure-based soil amendment is that is offered at this $1.1 billion in income, U.S. input-out- amendments for urban use, point. put model. Other parts of the world, in- Separation/concentration/drying/fer- I will simply make a couple points, cluding areas in Europe and South mentation technologies for manure, one in regard to the Federal Govern- America, are poised to take advantage Methods to store and handle manure, ment’s involvement in agriculture re- of this opportunity. Production of biomass energy crops search. It has been a policy of the Fed- What are the barriers to growth in with organic fertilizer, and eral Government since 1862, with the U.S. pork production and pork exports? Production of methane from manure. establishment of the land grant univer- Major barriers to growth in U.S. pork The center will be the source of cre- sities, to have the Federal Government production are related to manure man- ative new research on a wide range of very deeply involved in agricultural re- agement/nutrient utilization, odor con- production, health, environmental, and search and education to enhance the trol, water quality, employee health, socioeconomic issues that must be re- productivity of our farms and to en- animal well-being, and housing and solved to support U.S. producers’ bid to hance the quality of the product of our food safety questions associated with claim a substantial share of growth in farms. That research is much more so- increased pork production. Current the world market for pork. phisticated today than it was 132 years USDA facilities are not designed to re- Finally, this is a list of current ago. That research must still continue search these questions; nor are they major ARS swine research projects: to go on to keep our agricultural indus- staffed by scientists with the expertise USDA–ARS PROGRAM ON SWINE RESEARCH try competitive. to study them; nor is it feasible to con- In FY 1995, $26.1 million was appropriated It happens that there is a research fa- vert them for the type of research the for ARS to conduct swine research at 13 ARS cility proposed at Iowa State Univer- industry urgently needs. locations. The areas of swine research cur- sity. There are swine research facilities What are the social concerns associ- rently pursued are: foreign animal diseases; located at other universities, or re- ated with increased pork production? domestic animal diseases; reproduction; food search centers. The one established at Our society places a high value on safety; nutrition; systems; parasites; stress; Iowa State University is not duplica- environmental quality, water quality, pork quality; genetics; and growth. ARS has tive. I have an official response from no swine projects in the areas of waste man- protection from odors associated with agement, marketing, economics, housing, ARS on that that I am going to read in swine production, worker health, and management, human health, or swine health, closing. animal well-being. At a 1994 inter- welfare, and behavior in production systems. It should not be surprising to any- national meeting of experts on odor CURRENT MAJOR AREAS OF RESEARCH ON SWINE body that the Iowa State University perception and odor production, sci- IN ARS would be very deeply involved in agri- entists agreed that the difficulty of ob- Genetics (Beltsville, MD, Clay Center, NE) culture research in the first place and taining objective measures of odors Development of genomic map; identify genes even specializing to a considerable ex- was a serious problem for the swine in- associated with disease resistance; identify tent in swine research because my dustry. animals with superior reproductive capacity. State is first in the production of corn, March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4797 my State is either first or second to Il- ond look at this. My judgment is a sec- consume at home. You cannot match linois in the production of soybeans, ond look based upon the recommenda- that figure anywhere in the world. We and we are No. 1, way beyond any other tion of a national peer panel will show have not only the most variety and the State, in the production of pork. One that this is not duplicative and it is largest quantity of foods, but they are out of every four pigs in America reside needed, particularly in the area of the healthiest and the cheapest. in my State. We are a massive pork cleaning up the environment and hav- These benefits have been brought producing State. And Iowa State Uni- ing an environmentally sound pork about, in substantial part, by the agri- versity is right in the middle of it. So producing system; that this will move cultural research that has been done in nobody should be surprised whatsoever forward. this country. A lot of this research is if there is a determination made by a I yield the floor. not the easiest to understand. There is national organization, the Congress, Mr. THOMAS addressed the Chair. a lot of sophisticated work being done following up on proposals by outstand- The PRESIDING OFFICER. The Sen- to improve agricultural productivity, ing research groups in America that we ator from Wyoming. to expand markets and uses for agricul- need to do specific research in a spe- Mr. THOMAS. Mr. President, I rise tural commodities, to improve the cific aspect of the swine industry that very briefly to support the position of competitiveness of U.S. agriculture in might be located at Iowa State Univer- the appropriators here and oppose the world markets, and also to reduce the sity. amendment. I do it on the basis the impact of agriculture on the environ- That is the history of agricultural re- Senator from Washington pointed out, ment while at the same time maintain- search. I wish to speak to a specific and that is some of these projects have ing productivity. point, and I am just going to read a been under way or are in the midst of This is no time to be cutting this short statement on this point, about getting under way. The one I have par- vital agricultural research. Speaking the suggestion by the Senator from Ar- ticular interest in is the environmental only for myself, I believe we are not izona that there is so much swine re- simulator that is designed to study the putting enough into agricultural re- search already, why do you need an- aspects of hazardous materials moving search as it is. For example, USDA for- other swine research facility? through soil. And it does it in a very mula funds for land grant universities Well, the simple answer to that is the abbreviated way. It is something that different specializations of the dif- have been essentially flat in dollar pertains to what we are seeking in this amounts since 1983, meaning univer- ferent facilities around the United country. And so, Mr. President, I rise sities have lost 20 to 25 percent of their States. I could give a long list, but I briefly to oppose the amendment. research purchasing power since 1983. will not bother to do so, of what re- Mr. HARKIN addressed the Chair. Agricultural research is a good in- search has been done. But a Congress- The PRESIDING OFFICER. The Sen- vestment. Studies have shown that the man from my State, Mr. LATHAM, had ator from Iowa. return on investment in agriculture re- an opportunity to ask the Agricultural Mr. HARKIN. Mr. President, I wish to search has been in the area of about 20 Research Service this question: associate myself strongly with the to 25 percent. The National Swine Research Center— comments made by my colleague from And let us keep in mind that a rel- And that is the one that the Senator Iowa, Senator GRASSLEY, regarding atively small share of Federal research from Arizona proposes to delete. I wish this pending amendment. I think he hit and development funding actually goes to start over again. Mr. LATHAM asked the nail right on the head when he read to agricultural research and develop- the question: the letter from the Agricultural Re- search Service regarding the impor- ment. According to the National The National Swine Research Center has Science Foundation, for 1994, only 2 been criticized on the basis that it will con- tance of this swine research center and duct duplicative research. What is your opin- the fact it is not duplicative of other percent of the total Federal research ion on the research mission of the center and research and facilities. The kind of re- and development dollars went to agri- do you think it is duplicative? search that is going to be done there is culture. Of the total Federal dollars for This is the response from the Agri- not being done anywhere else in the basic research, only 4 percent went to cultural Research Service of the USDA country. agriculture. to the House Agriculture Appropria- There has been a lot of comment So again, while these proposed cuts tions Subcommittee: made on that this kind of research is may seem small in the magnitude of A national peer panel recommended— done elsewhere. Quite frankly, it is the billions of dollars we are talking about, they are large when you com- I wish to stop just a minute. The rea- not. pare them to the relatively small son I wish to emphasize, ‘‘A national Mr. President, I understand the de- peer panel recommended,’’ this is not sire of the Senator from Arizona to put amount of actual research dollars that some Congressman or Senator getting more money into two accounts funding go to agriculture. something for their particular State. American Indian programs. I am not As I said, this research is sophisti- This was a studied approach. fully familiar with them. I am sure he cated work; it is highly specialized. And that can sometimes make it easy A national peer panel recommended the es- has some legitimate arguments why tablishment of the National Swine Research that funding is necessary. to attack or to poke fun at. Center because the needed research was not I would suggest, however, that the Well, there was even a television being conducted at any other State or Fed- Senator from Arizona has gone after show one night that referred to funding eral laboratory nationwide. The program of wrong accounts to get the money. Be- for the Swine Research Center, very research will not be duplicative. The mission cause he has gone after some research jokingly saying, ‘‘Well, this is the ulti- of the National Swine Research Center is to mate pork, isn’t it, Federal dollars develop technology to ensure that the U.S. projects that are important to us na- pork industry operates as an environ- tionally; research projects that are im- going to pork research?’’ mentally sound and efficient animal produc- portant not only for the producers in Well, I suppose it got a lot of laughs tion system. It will help maintain and in- this country but for our consumers and people who did not know what it crease the competitiveness and efficiency of also. was about can laugh about it. the U.S. pork production and market. We have a long, proud history of Fed- But the fact is, the pork industry in I hope those are adequate responses eral support for research in this coun- America is no laughing matter. There to the supposed justification of the try, especially agricultural research, are over 200,000 pork producers in this Senator from Arizona for this deletion going clear back to Abraham Lincoln’s country. The pork industry generates so that my colleagues will not rescind time. over $66 billion in economic activity this project and that we will move for- That support for agricultural re- and supports about 764,000 jobs directly ward. search is a key factor providing us an and indirectly and adds nearly $26 bil- If we make a decision to move for- abundance of the most wholesome, lion of value to production inputs. An- ward, I wish to emphasize what the dis- most varied food at the lowest price of nual farm sales of hogs are usually tinguished Senator from Mississippi any nation. About 8 cents of every dol- more than $11 billion, and retail sales said. We are only going back to con- lar of disposable income an American of pork are more than $30 billion each ference with the House and take a sec- family has goes to buy the food they year. S 4798 CONGRESSIONAL RECORD — SENATE March 29, 1995 In fact, farm receipts from sales of Approximately 200,000 pork producers are Mr. DOLE. Mr. President, I ask unan- hogs place the industry in fourth or in business today compared to nearly three imous consent that the order for the fifth place among all agricultural com- million in 1950. Farms have grown in size— quorum call be rescinded. modities that we produce in this coun- nearly 80 percent of the hogs are grown on The PRESIDING OFFICER. Without farms producing 1000 or more hogs per year. objection, it is so ordered. try. So it is a very important industry. These operations, which are often more tech- It is very important for our producers. nically sophisticated, are still predomi- Mr. DOLE. Mr. President, I am going It is important for our consumers. It is nantly individual family farms. to use a portion of my leader’s time. important for our Nation. The geographic location of pork production f Some of the important issues that is shifting as well. While the traditional will be researched at the Swine Re- Corn Belt represents the overwhelming share TRIBUTE TO SENATOR HOWELL search Center include how pork produc- of production, growth is also occurring in HEFLIN tion can be made more efficient and ‘‘nontraditional’’ hog states such as Texas, Mr. DOLE. Mr. President, in an- Colorado, and Oklahoma. North Carolina, how we can solve some of the environ- nouncing his plans to not seek reelec- mental problems of pork production. which ranked 14th in pork production 30 years ago, now ranks 2nd among states. tion, our distinguished colleague from The research will include studies by The global market offers tremendous Alabama, Senator HEFLIN, said today soil, plant, and animal scientists into growth potential for U.S. pork producers. that he hopes he ‘‘will be looked upon enhancing both the competitiveness With many of the world’s most cost-efficient as a public servant who has served with and the environmental soundness of producers, the U.S. pork industry still only dignity, integrity, and diligence.’’ In the pork industry. sells about 2 percent of total production my view, those qualities speak volumes There is currently, as my colleague overseas. Yet pork is the world’s ‘‘meat of about Senator HOWELL HEFLIN. from Iowa pointed out, no other State choice’’ by far, with over 40 percent share of From his highly decorated service in or Federal facility capable of address- the world’s meat protein market. the U.S. Marine Corps in World War II, The National Pork Producers Council is ing the unique research planned for to his 6 years as chief justice of Ala- this center. the only national membership organization representing pork producers exclusively. The bama’s Supreme Court, to his three The Agricultural Research Service ‘‘Pork. The Other White Meat’’ promotion is terms in the U.S. Senate during which has identified this project as a high pri- well known. Funded by the national pork he held the thankless post of Ethics ority. It is the result of joint planning checkoff and paid for by producers, it is cred- Committee chairman, this man affec- and continuing efforts by the USDA’s ited with having a major impact in improv- tionately known as the country judge Agricultural Research Service, the Na- ing pork’s consumer image and helping im- from Tuscumbia, AL, has made a dif- tional Pork Producers Council, Iowa prove pork demand. The checkoff also funds ference for America and the people of State University, and the Iowa Pork important research projects to improve his State. Producers Association. pork’s nutritional profile, overall quality While we have not agreed on every and price. As Senator GRASSLEY pointed out, issue, I have been proud to stand with there was peer review, a national peer Mr. HARKIN. Again, Mr. President, my friend from Alabama time after review, not just regional or State. while I understand the desire of the time, whether it’s been on the Desert So for these reasons, it is important Senator from Arizona to put more Storm resolution, the flag protection that we continue our commitment to money into programs he feels very amendment, the balanced budget agricultural research in general and to strongly about, this is not the time to amendment, regulatory reform, or one the Cooperative State Research Serv- turn our backs on the important agri- of countless other issues. ice and to the Agricultural Research cultural research being done all over Mr. President, as Senator HEFLIN Service. this country. looks ahead to returning home to Ala- Mr. President, I ask unanimous con- I yield the floor. bama and more time with his wife, sent to have printed at this point in Mr. EXON addressed the Chair. children, and grandchildren, I know all the RECORD a fact sheet from the Na- The PRESIDING OFFICER. The Sen- my colleagues join in wishing him all tional Pork Producers Council, entitled ator from Nebraska. the best for the future. And I know ‘‘A Profile of Today’s Pork Industry.’’ Mr. EXON. Mr. President, I suggest that during that final 2 years of his There being no objection, the mate- the absence of a quorum. term, he will continue to serve with rial was ordered to be printed in the The PRESIDING OFFICER. The the dignity, integrity, and diligence RECORD, as follows: clerk will call the roll. that have characterized his life in pub- Mr. GORTON. Mr. President, I ask lic service. A PROFILE OF TODAY’S PORK INDUSTRY unanimous consent that the order for Mr. DOLE. Let me first announce The U.S. pork industry is experiencing un- precedented growth. More pork was produced the quorum call be rescinded. there will be no more votes this in the U.S. in 1992 than ever before, and 1993 The PRESIDING OFFICER. Without evening. It is my understanding that was nearly as large. Over 17 billion pounds objection, it is so ordered. the manager of the appropriations bill will again be processed from just under 93 Mr. GORTON. Mr. President, I move now pending indicates we will complete million hogs in 1994. to table the MCCain amendment. action on the bill maybe late tomorrow The economic impact of the industry on The distinguished Senator from Ari- evening. That is the hope of the chair- rural America is immense. Farm receipts zona has agreed it can be done by voice man, Senator HATFIELD. from hogs place the industry in 4th or 5th po- vote. sition [depending on the year] among all f farm commodities. Annual farm sales usu- The PRESIDING OFFICER. The ally exceed $11 billion, while the retail value question is on agreeing to the motion EXECUTIVE SESSION of pork sold to consumers exceeds $30 billion. to table the MCCain amendment. Mr. DOLE. I now ask unanimous con- And the pork industry benefits more than So the motion to table the amend- sent that the Senate go into executive just farmers! Pork production means jobs ment (No. 424) was agreed to. session to consider the nomination of and economic opportunity for thousands of Mr. GORTON. Mr. President, I move Daniel Glickman to be Secretary of rural communities. The ‘‘value added’’ na- to reconsider the vote by which the ture of pork provides employment well be- Agriculture, and that it be considered yond the farm. Based on a 1993 study by re- motion was agreed to. under the following agreement: 40 min- searchers at Iowa State University, the U.S. Mr. COCHRAN. I move to lay that utes to be equally divided in the usual pork industry is responsible for over $66 bil- motion on the table. form. I ask further that, when the Sen- lion dollars in total domestic economic ac- The motion to lay on the table was ate concludes its debate tonight, there tivity. Through direct, indirect and induced agreed to. be 10 minutes for debate, equally di- effects, the pork industry supports 764,080 Mr. GORTON. Mr. President, I sug- vided in the usual form, on Thursday, jobs and adds nearly $26 billion dollars of gest the absence of a quorum. prior to vote on the confirmation of value to production inputs. Given these fig- ures, the pork industry’s major contribution The PRESIDING OFFICER. The Mr. Glickman. to local, state and national economies and clerk will call the roll. The PRESIDING OFFICER. Is there governments (through tax revenues) is obvi- The legislative clerk proceeded to objection? ous. call the roll. Without objection, it is so ordered. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4799 NOMINATION OF DANIEL ROBERT joking about the Capitol’s notorious Member of the House of Representa- GLICKMAN, OF KANSAS, TO BE reputation for abandoning those out of tives, representing Kansas’ Fourth Dis- SECRETARY OF AGRICULTURE power. Mr. Glickman said, ‘‘The only trict. During his tenure, Dan provided The legislative clerk read the nomi- one working in the family now is our outstanding leadership as a member of nation of Daniel Glickman, of Kansas, son and he won’t take our calls.’’ the House Committee on Agriculture. to be Secretary of Agriculture. On the night of his election loss Con- Many of us recognize the important gressman Glickman commented: ‘‘I f role Dan has played in the effort to liken it to a bear market; sometimes help U.S. agriculture compete in an in- ORDER FOR VOTE ON GLICKMAN the good stocks got hit every bit as creasingly global marketplace by ex- NOMINATION much as the bad stocks. In this case, I panding and strengthening our coun- Mr. DOLE. I ask unanimous consent think I was a good stock.’’ try’s export programs. Dan also has that the vote occur on the confirma- Fortunately, for all of us, the stock been instrumental in congressional ef- tion of Mr. Glickman at 10:25 a.m. on market has shifted direction again. forts to improve U.S. grain quality Thursday, March 30, 1995. How high Dan Glickman’s stock has standards, making our commodity ex- risen again will be clear tonight when Mr. President, I further ask unani- ports more attractive to potential for- he is overwhelmingly approved by the mous consent that following the vote eign buyers. Senate. on the confirmation of Mr. Glickman, I know Dan to be a competent, Mr. DOLE. Mr. President, as the the President be immediately notified thoughtful, and articulate spokesman of the Senate’s action and the Senate longest sitting member of the Senate Agriculture Committee, I welcome the for agriculture. He has forged strong return to legislative session. relationships with producers, agri- The PRESIDING OFFICER. Without administrations choice to appoint Dan Glickman as Secretary of Agriculture. businesses, and legislators. These rela- objection, it is so ordered. tionships will prove invaluable as he Mr. DOLE. Mr. President, Senator I have worked with Dan Glickman as a Congressman from the State of Kansas begins his work as Secretary of Agri- HATFIELD is here, and if Members on ei- culture. ther side have amendments that could for a number of years. I can attest to his commitment to agricultural issues Mr. President, rural communities de- be disposed of this evening following pend on a vibrant and prosperous agri- the discussion of the Glickman nomi- and I know the qualifications that he culture industry to support schools, nation, which I do not think will take brings to the job. churches, hospitals, community orga- very long, he would be prepared to do Throughout his 18 years in Congress, nizations, and main street businesses. I that. he earned a reputation as a Congress- I yield the floor. man who understands the issues, who firmly believe that a key to our eco- Mr. LEAHY addressed the Chair. listens, and who works with his col- nomic prosperity is the continued em- The PRESIDING OFFICER. The Sen- leagues to find common ground. phasis on American exports. During ator from Vermont is recognized. Congressman PAT ROBERTS, Senator this year’s farm bill debate, we must Mr. LEAHY. Mr. President, I rise NANCY KASSEBAUM, and I introduced commit ourselves to crafting agri- today in support of the nomination of Dan to the Senate Agriculture Com- culture policy that allows our produc- Dan Glickman to be Secretary of Agri- mittee. I think that it is very signifi- ers to compete in the 21st century, culture. Dan and I have worked to- cant that we three Republicans support global marketplace, strengthening our gether on four farm bills. this nomination. We may all share a rural communities in the process. It is No matter how active or informed Kansas background, but more impor- also imperative that we continue to the members of the Committee on Ag- tantly we know from working with Dan look for ways to improve effective pro- riculture, Nutrition, and Forestry are, that he is more interested in solving grams, while eliminating costly, obso- we cannot put together a good farm problems than scoring partisan points. lete programs. Dan Glickman will play bill without an active administration. I His experience speaks for itself. He a vital role in achieving this ambi- know personally from speaking to the has helped write the last four farm tious, yet attainable goal. President that Dan Glickman has his bills—the last one as the chairman of Mr. BAUCUS. Mr. President, I rise confidence. Mr. Glickman has the the Subcommittee on Wheat, Soybeans today in support of the confirmation of President’s mandate to develop a farm and Feed Grains. We all know that the Dan Glickman as the Secretary of Ag- bill that makes sense for both rural 1995 farm bill will be difficult to write. riculture. The Agriculture Committee’s recent Americans and the taxpayers of this The post of Secretary of Agriculture hearings have hinted at the tough country as a whole. is important to this Senator and vital choices that lie ahead. We will need an I know that Dan Glickman will be an to American agriculture. His confirma- experienced, committed advocate at ideal person to represent this adminis- tion will bring an outstanding advocate the Department of Agriculture. Dan tration as we try to develop farm poli- for farmers to the Clinton administra- Glickman recognizes the weaknesses cies that make sense for farmers, for tion. consumers, for the environment, and and strengths in our current policies, and the fiscal constraints that will Agriculture in this Nation is very di- for this country. verse. While on the surface Kansas and Dan Glickman was born in Wichita play an important role in shaping our Montana agriculture are similar—we on November 24, 1944. He was first future policies. Above all, he realizes produce wheat and beef—there are elected to Congress in 1976—just 2 that the foundation of our Nation is some significant differences as well. years after I began my service in the American Agriculture. Senate. Mr. President, the people of Kansas And there are myriad variations in the As a veteran of the House Agri- are proud of Dan Glickman. I am agricultural industry which is found culture Committee, he has mastered pleased to recommend him to be Sec- across this Nation. the arcane details of U.S. farm pro- retary of Agriculture. I, too, hope there As we focus our attention on the 1995 grams. will be an overwhelming vote. farm bill, he will bring an expertise to Again and again in his career he has Mrs. KASSEBAUM. Mr. President, I this debate which will be critical and fought to focus farm subsidies on low- rise today in support of the nomination beneficial to all—but especially to our and middle-income farmers and tried of Dan Glickman to become the next farmers. His experience, knowledge, to increase Federal oversight of the Secretary of Agriculture. Dan and I are and skill will help us guide farm policy commodity futures markets. long-time friends, and share a mutual into the 21st century. I look forward to These are battles in which I am appreciation and admiration for an ag- working with him on that important proud I was allied with him. riculture system that provides the task. One of the things that I like best wholesome, abundant, and inexpensive With the confirmation of Dan Glick- about Dan Glickman is his self-dep- food supply that all Americans now man, I am confident that help is on the recating sense of humor. This was enjoy. way in dealing with several crises fac- highlighted in a recent story in the For the past 18 years, Dan has ably ing Montana. While I am concerned New York Times. Mr. Glickman was and effectively served agriculture as a about the closure of the region I Forest S 4800 CONGRESSIONAL RECORD — SENATE March 29, 1995 Service office in Missoula, MT, I hope monies in both the House and the Sen- this time. This is a very important and that Secretary Glickman will review ate, including such notable events as timely issue for a lot of reasons. the Forest Service reorganization plan the Joseph McCarthy and Jimmy Hoffa Obviously, there are many extraor- and that he will stop any actions which hearings. He covered the White House dinary decisions that the Senate and make no sense—like the proposed Mis- during the Kennedy, Johnson, and Congress must make over the course of soula closure. Nixon administrations. the next several months, and we need Although I remain concerned about And Mr. Reynolds is truly a part of the leadership that Congressman the need for expanded agricultural re- our country’s great history. During his Glickman can provide in this regard. search and stability within the Agri- assignment in the Kennedy administra- There are many who would like to cultural Research Service, I know that tion, he reported President Kennedy’s begin working with him very earnestly, before stations are closed, Secretary famous Berlin speech and was in the at the earliest possible date, to begin Glickman will help identify critical re- Presidential motorcade on that tragic the process of developing another 5- search and make certain such research day in Dallas, when President Kennedy year farm bill. We need to get on with is not unnecessarily eliminated just to was assassinated. that. We need to recognize how impor- show that locations are being cut. Mr. Reynolds has served the Senate tant it is that this farm bill be passed Finally, today I am heartened that and the Nation with distinction and expeditiously. we will soon see a heightened sense of loyalty for over 20 years. I know all Certainly, the sooner we can get this cooperation between the Department of Senators will join me in wishing Chick nomination confirmed, the better. I am Agriculture and the Department of the and his wife, Lucille, our sincere grati- excited about this nomination for a lot Interior. Whether it is animal damage tude and our prayers in his retirement. of reasons. I believe that Dan Glick- control on our Forest Service and Bu- The PRESIDING OFFICER. Without man is perhaps one of the most quali- reau of Land Management properties or objection, the resolution is agreed to fied people to be nominated for this po- prevention of the spread of brucellosis and the preamble is agreed to. sition, at least in recent memory. between bison and cattle, I know we So the resolution (S. Res. 96) was He understands the importance of ag- can expect greater teamwork. agreed to. riculture, of rural America, of all of I am confident that Mr. Glickman is The preamble was agreed to. the challenges that we face as we con- well prepared for the challenges ahead The resolution, with its preamble, is sider the transition that rural America of him. I congratulate him and I look as follows: is now experiencing. forward to rolling up our sleeves and Whereas Chick Reynolds will retire from He is extraordinary at creative bipar- getting to work. service to the United States Senate after tisan consensus on policy issues, as Thank you Mr. President. I yield the twenty years as a member of the staff of the well as on the strategy regarding a floor. Official Reporters of Debates; number of the legislative matters that f Whereas he has served the United States will come before the Senate. I believe Senate with honor and distinction since join- LEGISLATIVE SESSION ing the staff of the Official Reporters of De- that his bipartisan consensus building skills will serve everyone well. Mr. DOLE. I now ask that the Senate bates on July 1, 1974; Whereas his hard work and outstanding ex- Dan Glickman has served in the Con- return to legislative session. cellence as an official reporter resulted in gress for a long time. As a member of The PRESIDING OFFICER. Without his appointment to the position of Chief Re- the House Agriculture Committee, he objection, the Senate will return to porter on May 1, 1988; has been the leader on countless legis- legislative session. Whereas, Chick Reynolds, as Chief Re- lative issues relating to farm bills and f porter of the Congressional Record, has at agriculture. He deserves our support. all times executed the important duties and We all recognize the leadership he has COMMENDING CHICK REYNOLDS responsibilities of his office with great effi- ON THE OCCASION OF HIS RE- ciency and diligence; provided. He deserves the kind of con- TIREMENT Whereas Chick Reynolds has demonstrated sideration that he is being given this loyal dedication to the United States Senate evening. Mr. DOLE. I send a resolution to the as an institution and leaves a legacy of supe- Mr. President, I think it is also im- desk on behalf of myself and Senator rior and professional service: Now, therefore, portant to note that Dan Glickman is DASCHLE and ask for its immediate be it one of the most accessible people I consideration. Resolved, That the United States Senate know. He is willing to go the extra expresses its deep appreciation and gratitude The PRESIDING OFFICER. The mile, to talk with people, to be avail- clerk will state the resolution by title. to Chick Reynolds for his years of faithful and exemplary service to his country and to able as questions arise, both on and off The legislative clerk read as follows: the United States Senate. the hill. He is willing to travel. He is A resolution (S. Res. 96) commending SEC. 2. The Secretary shall transmit a copy willing to go out into the far reaches of Chick Reynolds on the occasion of his retire- of this resolution to Chick Reynolds. this country to address in the most ment. Mr. DOLE. Mr. President, I suggest meaningful and considered way the The PRESIDING OFFICER. Is there the absence of a quorum. broad range of issues that the Sec- objection to the immediate consider- The PRESIDING OFFICER. The retary of Agriculture must consider. ation of the resolution? clerk will call the roll. He is an outstanding legislator who There being no objection, the Senate The legislative clerk proceeded to is ready to lead on a whole range of is- proceeded to consider the resolution. call the roll. sues that I know will be on his desk in RETIREMENT OF CHICK REYNOLDS Mr. DASCHLE. Mr. President, I ask the not-too-distant future. He has been Mr. DOLE. Mr. President, our friend unanimous consent that the order for an advocate of increasing trade with Chick Reynolds, chief reporter of the the quorum call be rescinded. other countries. While he had specific Official Reporters of Debates, has noti- The PRESIDING OFFICER. Without reservations about the most recent fied the Secretary of the Senate that objection, it is so ordered. trade agreement, Dan Glickman under- he intends to retire effective July 7, stands how important trade is, how im- 1995. f portant it is that we reach out to other Mr. Reynolds’ remarkable Senate ca- countries and create new markets. reer began in 1974 when he was ap- NOMINATION OF DANIEL ROBERT He recognizes, as well, the value of pointed an official reporter of debates. GLICKMAN, OF KANSAS, TO BE the new market development that we He later became the chief reporter in SECRETARY OF AGRICULTURE need to improve farm prices. He recog- 1988. Mr. Reynolds’ service has been The Senate continued with the con- nizes that value-added markets are honorable as well as memorable—his sideration of the nomination. really the key to long-term agricul- reporting has often landed him in the Mr. DASCHLE. Mr. President, let me tural development. We cannot look to center of the day’s headlines. join with the others who have risen in the farm bill to create artificial price In his two decades of service, Mr. support of this important nomination. mechanisms. We have to go out and Reynolds reported Federal agency I want to thank the majority leader for build the markets both internationally hearings and various committee testi- bringing this matter to the floor at and domestically. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4801 I have had many conversations over the Secretary of Agriculture, former taneously. Then Dan Glickman can the course of the last several months Congressman Dan Glickman, from my take over fully the important function with Dan on this point. I am pleased at neighboring State of Kansas. of Secretary of Agriculture of the Unit- his enthusiastic response to the desire Mr. President, much has been said ed States of America and, for that mat- that many share with regard to build- about this dedicated, talented individ- ter, the Secretary of Agriculture for ing value-added markets in the future. ual. I have heard statements made by the whole free world. Dan Glickman also understands the Senator LEAHY, the ranking Democrat I urge as near a unanimous vote as importance of the next generation of on this side of the Agriculture Commit- possible. I would not be surprised if the agriculture. He knows that the farm tee; by the majority leader, Senator vote of the Senate was unanimous to- community is getting older, that the DOLE, who has, as he has indicated in morrow morning. I am looking forward farm community is getting to the point his remarks on the floor a few mo- to working with my great friend, Dan where, indeed, we must look to the ments ago, the record as the longest Glickman, who will be the new Sec- next generation for the long-term fu- sitting member of the Agriculture retary of Agriculture. ture and viability of agriculture. He Committee; and just a few moments Mr. President, I yield the floor. knows we have to help young farmers. ago by the minority leader, from my The PRESIDING OFFICER. The Sen- He knows that the only way to do that neighboring State to the north, South ator from South Dakota. is to provide a better price. Dakota, the minority leader, Senator f Dan Glickman also understands the DASCHLE. importance of conservation. Conserva- They all summed up very, very well, LEGISLATIVE SESSION tion has been an issue that he has the regard that the nominee had by worked on for many years. He realizes those who know him the best. I have Mr. PRESSLER. Mr. President, I ask the importance of the CRP program known him for a long, long time. I have unanimous consent that the Senate re- and the efforts that we made to address worked with him on foreign policy ever turn to legislative session, to the bill, soil erosion. He understands the impor- since I have been in the U.S. Senate. for purposes of my offering an amend- tance of research in providing for the He is one who thoroughly under- ment that has been agreed to on both efforts to conserve our soil and to do stands the farm programs, but more sides regarding grazing permits for cat- more in the realm of providing for importantly, what an important part tle in certain parts of the United long-term environmentally sound re- agriculture is to the overall economy States. sponses to the agricultural practices of of the United States of America. The PRESIDING OFFICER. Without the past. I remind all once again that, if it objection, it is so ordered. So, Dan Glickman is a very futuristic were not for the offsetting factor of ex- f individual. He understands that we ports of farm products, the balance of made an investment that ought to be trade deficit that the United States has EMERGENCY SUPPLEMENTAL protected, but he understands, as well, would skyrocket dramatically. Dan APPROPRIATIONS ACT the need to refocus that investment as Glickman understands agriculture. He warranted. knows the serious situation that agri- The Senate continued with the con- Mr. President, it is with great enthu- culture is facing today. I am delighted sideration of the bill. siasm that I come to the floor this that the majority leader has called for AMENDMENT NO. 425 TO AMENDMENT NO. 420 evening to support his nomination, to the vote on tomorrow morning. (Purpose: To extend the terms of permits for again reiterate my view that there are I am anxious to begin working with grazing on National Forest System lands few people that have come to the Sen- the new Secretary of Agriculture be- to allow time for compliance with the Na- ate in support or in recognition of the cause, as the lead Democrat on the tional Environmental Policy Act of 1969 in need for agricultural policy that have Budget Committee, the new agricul- connection with permit renewals) been as qualified as this person is. tural leader knows, the Agricultural Mr. PRESSLER. Mr. President, on Dan Glickman deserves strong bipar- Committee knows, the Appropriations behalf of myself, Mr. THOMAS, Mr. tisan support. Given the remarks made Committee knows, that the actions SIMPSON, and others, I send an amend- by the majority leader and others in that will take place in the Budget ment to the desk that has been ap- the Senate Agriculture Committee, I Committee in the near future are going proved on both sides and that the am confident that there will be over- to have a great deal to do with how chairman of the Interior appropria- whelming support demonstrated in our successful the new Secretary of Agri- tions subcommittee has approved, and vote for him tomorrow. culture will be in writing a workable I ask for its immediate consideration. Once he becomes Secretary, I look farm program and policy. The PRESIDING OFFICER. The forward to working with him. I know I have not been in a position, nor has clerk will report. for the next couple of years his plate he, during this waiting period which The bill clerk read as follows: will be full and his agenda will be long, held up his assuming this new role in The Senator from South Dakota [Mr. but, I think there also will be a good even a more timely fashion—it was not PRESSLER], for himself, Mr. THOMAS, and Mr. deal of willingness on both sides of the possible for me to sit down with him SIMPSON proposes an amendment numbered aisle to work with him to ensure that and talk specifics about what his rec- 425 to amendment No. 420. he is successful. ommendations will be with regard to Mr. PRESSLER. Mr. President, I ask Our country depends upon the talents the recommendations out of the Budg- unanimous consent that reading of the of a Dan Glickman. Our future in agri- et Committee for the total agricultural amendment be dispensed with. culture depends upon his leadership. It programs. The PRESIDING OFFICER. Without is critical that we cooperate with Dan Dan Glickman will do a great job. I objection, it is so ordered. as he continues to provide that leader- will listen to his recommendations The amendment is as follows: ship. very carefully with regard to the farm At the appropriate place insert the follow- Mr. President, I hope that we can program. Given the fact we are going ing: demonstrate with enthusiasm tomor- to have to make some very, very hard SEC. . RENEWAL OF PERMITS FOR GRAZING ON row how strongly we feel about this choices on a whole series of issues if we NATIONAL FOREST LANDS. nomination, how hopeful we are about are going to get ourselves on the road Notwithstanding any other law, at the re- his success and how determined we can to a balanced budget by the year 2002— quest of an applicant for renewal of a permit be about our willingness to cooperate which I think obviously is the over- that expires on or after the date of enact- as he begins his task. I yield the floor. whelming goal of Members of the Con- ment of this Act for grazing on land located Mr. EXON addressed the Chair. gress on both sides of the aisle and in in a unit of the National Forest System, the The PRESIDING OFFICER. The Sen- both Houses—it is, therefore, critically Secretary of Agriculture shall reinstate, if ator from Nebraska. important we get Dan Glickman on necessary, and extend the term of the permit until the date on which the Secretary of Ag- Mr. EXON. Mr. President, I want to board as soon as we make the con- riculture completes action on the applica- add my voice to the strong support firmation tomorrow and as soon as the tion, including action required under the Na- that has been evident for a long time President goes through the formality, tional Environmental Policy Act of 1969 (42 with the President’s new nominee for which I hope will follow almost instan- U.S.C. 4321 et seq.). S 4802 CONGRESSIONAL RECORD — SENATE March 29, 1995 Mr. PRESSLER. Mr. President, I rise introducing a similar amendment from South Dakota, and my colleague today to propose an amendment to again today attests to the gravity of and friend from Wyoming. I just made allow the renewal of grazing permits on the situation, and my commitment to some pronouncements about the new Forest Service lands until the comple- passing a resolution to this problem Secretary of Agriculture about adjoin- tion of the required analyses under the into law. ing States. Here we are, adjoining National Environmental Protection Unfortunately, Mr. President, we do States again. I am here with my senior Act [NEPA]. not have much time. It is imperative colleague from South Dakota, Senator The management of Federal lands is that we resolve this issue quickly, for PRESSLER, and my new colleague from the hub of multiple-use strategies. the sake of the ranchers and loggers in the western neighbor of the State of Sound stewardship and range manage- South Dakota—and across the West. Nebraska. ment practices represent the founda- I urge my colleagues to support my I congratulate both of them for the tion needed to protect Federal lands amendment. amendment that has been offered. The and ensure that they are maintained I will now yield to my colleague who matter has been cleared on this side for future generations. Multiple-use has taken a great deal of leadership on and we are prepared to go ahead and practices by the ranchers themselves this issue, the Senator from Wyoming. agree to the amendment, if that is the greatly enhance the condition of Fed- The PRESIDING OFFICER (Mr. BEN- will of the chairman of the Commerce eral lands. Keep in mind that many NETT). The Senator from Wyoming. Committee? generations of ranch families have Mr. THOMAS. Mr. President, I thank Mr. PRESSLER. I thank my friend made a living, raised their families, the Senator from South Dakota. He from Nebraska. I regret he is leaving and maintained these lands for future has joined with many of us to deal with this Chamber. I have previously said a generations. The sustainability of their this issue. It is one of these issues that few kind words about him, both here livelihoods is linked to the has a timeliness problem. and in the press. But I thank him very substainability of the land. They are What we really have, as the Senator much for his great service here in this the true environmentalists. has pointed out, is during the past sev- body. Despite their previous good steward- eral months there has been some kind Mr. President, I urge the adoption of ship, ranch families now risk being of court ruling that requires an indi- punished for the Forest Service’s in- vidual NEPA investigation for every this amendment. ability to complete the studies re- grazing permit. There are about 4,500 THE PRESIDING OFFICER. If there quired by NEPA in time for the begin- grazing permits from the Forest Serv- be no further debate, the question is on ning of the 1996 grazing season. Over ice. About 700 of them will expire this agreeing to the amendment. 120 Black Hills’ grazing permits must year, the end of 1995. And, under the The amendment (No. 425) to amend- be reissued by the Forest Service be- new regulation, driven by the court ment No. 420 was agreed to. fore the 1996 grazing season, which be- procedure, these NEPA requirements Mr. EXON. Mr. President, I move to gins in March 1996. In accordance with would have to be completed before reconsider the vote. NEPA, before the permits can be re- these grazing permits can be extended. Mr. PRESSLER. I move to lay that issued the Forest Service must analyze The Forest Service has said there is motion on the table. each allotment for effects on endan- no way they can do that within that The motion to lay on the table was gered species, and environmental, cul- length of time. The result would be agreed to. tural, historical, and water resources. that ranches that depend upon grazing f In this time of downsizing, already permits for their summer grass for cat- 4,000 jobs at the Forest Service have tle and sheep would simply be out of EXECUTIVE SESSION been eliminated. Yet despite this re- business. duction in human resources, the Forest This does not change the require- Mr. PRESSLER. Mr. President, I ask Service must now take on sweeping ment, it simply provides for some time. unanimous consent that the Senate studies of every single ranking allot- It says basically that permits cannot now return to executive session to the ment—not just in South Dakota—but be refused because of the lack of the nomination of Secretary Glickman. throughout the Western States. NEPA regulation. In other words, it The PRESIDING OFFICER. Without I met with Chief Jack Ward Thomas says until the NEPA regulation is fin- objection, it is so ordered. of the Forest Service last week. He said ished the permits can be renewed. That f that in order to complete these analy- is really what it is all about. ses as close on time as possible, he will By the way, there is plenty of protec- NOMINATION OF DANIEL ROBERT have to concentrate both his financial tion. It is not a matter of protection. GLICKMAN, OF KANSAS, TO BE and human resources on completing There are now NEPA requirements on SECRETARY OF AGRICULTURE the NEPA studies. Chief Thomas said it the forest plain, at the forest level. It himself: ‘‘This means that every other is already there. In fact you can make The Senate continued with the con- function of the Forest Service in the an argument it is not needed. We are sideration of the nomination. West will suffer as a result.’’ not making that argument. We are Mr. PRESSLER. Mr. President, I The timber industry will suffer, as simply making the argument that the would like to say a few words about well as the ongoing Black Hills forest process of NEPA can continue but that Dan Glickman. I have known him since management plan activity. In addition, there is not enough time to do it with- 1974, when we came to the U.S. House because Forest Service personnel and out injuring people who have a busi- of Representatives together. I have resources will be spread so thinly, the ness of grazing on public lands. known him and his wife. We have trav- risk of appeals—of both timber sales This would simply extend the time eled to different events together over and grazing permits—is even greater. for that to happen. It is timely and the years. We have voted together in I recognize that due to recent court needs to be done so people can plan for the House of Representatives. We have action, the Forest Service is between a next year, can plan to turn their cattle served together on a number of cau- rock and a hard place. My amendment out, can have loans and continue their cuses. I had observed his work over the will solve the Forest Service’s di- business as they always have. years. lemma. It allows the permits to be re- Mr. President, I urge the amendment. I certainly shall be voting with a newed until the completion of the Let us put it in the bill so we can take great deal of pride for Dan Glickman NEPA analyses. away this threat to the economy of the for Secretary of Agriculture. I would like to note that my amend- West. I am especially interested in the ment is very similar to an amendment I thank the Senator from South Da- international aspects of agriculture. I offered yesterday by my colleague from kota. believe in the next few years what we South Dakota. However, my col- Mr. EXON addressed the Chair. do in international agricultural trade league’s amendment was included as a The PRESIDING OFFICER. The Sen- will be just as important to farm prices part of the Regulatory Transition Act ator from Nebraska. as some of our domestic programs. which could be delayed in conference Mr. EXON. Mr. President, I want to The business of the Secretary of Ag- for some time. The very fact that I am congratulate my friend and colleague riculture is the business of food for March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4803 peace. It is the business of inter- Mr. PRESSLER. Therefore, I will ask well as relaxation of outdated export national trade. It is the business of for its first reading. controls have opened huge export mar- selling our products abroad, but also The PRESIDING OFFICER. The kets to America’s high-tech industries. using food in foreign policy situations. clerk will read the bill for the first My National Security Strategy of Engage- The Secretary of Agriculture can be a time. ment and Enlargement (February 1995) driving force for what happens in farm The assistant legislative clerk read depends on farsighted and efficient prices and for the entire agricultural as follows: science and technology investments. industry in our country in the next few A bill (H.R. 849) to amend the Age Dis- Our foreign policy and security inter- years. crimination in Employment Act to reinstate ests are also supported by mutually The Secretary of Agriculture also is an exemption for certain bona fide hiring beneficial international cooperation in and retirement plans applicable to State and a very important force domestically science and technology. because it is his Department that sets local fire-fighters and law enforcement offi- cers, and for other purposes. We have consistently endorsed tech- the standards for food—what people are nology policies to increase prosperity supposed to eat. The Food Stamp Pro- Mr. PRESSLER. I now ask for its second reading. and enhance environmental quality. In gram also is administered by the De- Technology for America’s Economic partment of Agriculture to provide I object. The PRESIDING OFFICER. Objec- Growth (February 1993) and Technology food assistance for the poor. These are for a Sustainable Future (July 1994) this just some of a whole array of domestic tion is heard. The bill will remain at the desk and have its next reading on Administration conveyed to the Amer- issues handled by the Secretary of Ag- ican people our plans for public/private riculture. the next legislative day. f partnerships to improve the business The Department of Agriculture is a environment, enhance access to quality vast, huge agency. I first became ac- MESSAGES FROM THE PRESIDENT education and training, support devel- quainted with it when I was a young 4H Messages from the President of the opment of information infrastructure, member growing up on a farm near ensure continued excellence in health Humboldt, SD. There is a great deal of United States were communicated to the Senate by one of his secretaries. care, and strengthen America’s global controversy about what the Depart- competitiveness. ment should do about reorganizing, and f Streamlined government based on making it more efficient. I hope Dan EXECUTIVE MESSAGES REFERRED strong partnerships—within the gov- Glickman will heed the call of the ernment, with the private sector, and American people for less Government As in executive session the Presiding among nations—is a hallmark of the and more action, so to speak, in terms Officer laid before the Senate messages Clinton/Gore Administration. The ‘‘vir- of the bureaucracy. It seems every from the President of the United tual department’’ I created by estab- time we cut spending around here we States submitting sundry nominations lishing the National Science and Tech- are told it is going to cut children’s which were referred to the Select Com- mittee on Intelligence. nology Council (NSTC) has cut bureau- programs or food stamps or it is going (The nominations received today are cratic red tape and produced a historic to close a local office in one of our printed at the end of the Senate pro- first: an integrated research and devel- States. We never hear anything about ceedings.) shutting down any of the bureaucracy opment budget that focuses on na- here in Washington, DC. f tional goals. The NSTC has also pro- duced large savings by enabling agen- We need to have a more efficient De- REPORT ON SCIENCE AND TECH- partment of Agriculture. I am hoping cies to coordinate their efforts, divide NOLOGY—MESSAGE FROM THE tasks, and share resources. Dan Glickman will do just that. I am PRESIDENT—PM 39 prepared to help him and I wish him My Committee of Advisors on The PRESIDING OFFICER laid be- well. Science and Technology (PCAST) pro- fore the Senate the following message Mr. President, I note the absence of a vides critical links to industry and aca- from the President of the United quorum. demia. Their oversight of NSTC activi- States, together with an accompanying The PRESIDING OFFICER. The ties, such as development of strategies report; which was referred to the Com- clerk will call the roll. for the management and disposition of mittee on Commerce, Science, and The bill clerk proceeded to call the fissile materials, promises to improve Transportation. roll. the Federal effort. So, too, do the fo- Mr. PRESSLER. Mr. President, I ask To the Congress of the United States: rums and workshops that have drawn unanimous consent that the order for This Nation’s future depends on in thousands of experts and stakehold- the quorum call be rescinded. strong public and private support for ers to help develop priorities in areas The PRESIDING OFFICER. Without science and technology. My Adminis- as diverse as fundamental science; en- objection, it is so ordered. tration’s decision to make sound in- vironmental technology; and health; Mr. PRESSLER. Mr. President, I vestments in science and technology safety; and food research. would like to yield back all the time on even as the Federal Government cuts I am also very proud of the steps we both sides regarding the nomination of other spending is premised on three have taken to improve international Mr. Glickman. And I am playing the basic assumptions: cooperation in science and technology. role of both leader and Democratic —Technology is the engine of eco- Through the Gore-Chernomyrdin Com- leader at the same time, I am told. nomic growth. mission we have used science and tech- The PRESIDING OFFICER. Without —Scientific knowledge is the key to nology cooperation to ease the Rus- objection, it is so ordered. the future. sians’ transition to democracy and a market economy. We have received f —Responsible government advances science and technology. valuable new technology and cul- LEGISLATIVE SESSION The Congress and the American peo- tivated a crucial partner in global af- ple can find evidence of the Adminis- fairs through Russian participation in The Senate resumed legislative ses- tration’s dedication to responsible gov- the international space station. We sion. ernment support for science and tech- have used the Megasciences Forum of f nology in our defense and economic the Organization for Economic Co- policies as well as our management of operation and Development and other MEASURE READ FOR THE FIRST the science and technology enterprise. international forums to explore ways TIME We have decreased the Federal deficit, to share the increasing costs of cut- Mr. PRESSLER. I would inquire of helped to create millions of new jobs, ting-edge research while maintaining the Chair if H.R. 849 has arrived from and improved the tax treatment of our position of world leadership. Bilat- the House of Representatives? small businesses and of investments in eral science and technology coopera- The PRESIDING OFFICER. Yes, it research and development. Hemi- tion with other nations, including ad- has. spheric and global trade agreements as vanced industrial economies such as S 4804 CONGRESSIONAL RECORD — SENATE March 29, 1995 Japan, and big, emerging markets such H.R. 4. An act to restore the American ability, and long separation from their fami- as the People’s Republic of China, serve family, reduce illegitimacy, control welfare lies in service to their country; and us well in the global economy—giving spending and reduce welfare dependence. ‘‘Whereas, career military personnel earn us access to new ideas and new tech- H.R. 256. An act to withdraw and reserve retirement benefits based on the number of certain public lands and minerals within the years of service and their rank at retire- nologies while creating new opportuni- State of Colorado for military uses, and for ment; and ties for business. other purposes. ‘‘Whereas, service-connected disability Economists have estimated that the H.R. 529. An act to authorize the exchange compensation serves a different purpose social rate of return on investments in of National Forest System lands in the from longevity retirement pay and is in- research and development averages Targhee National Forest in Idaho for non- tended to compensate for pain, suffering, dis- about 50 percent, or about double the Federal lands within the forest in Wyoming. figurement and impaired earning ability be- average private rate of return. Clearly H.R. 606. An act to amend the Dayton cause of the disability; and a solid Federal investment program is Aviation Heritage Preservation Act of 1992, ‘‘Whereas, retired disabled servicemen and and for other purposes. women endure a reduction in longevity re- justified even in the leanest times. It is H.R. 622. An act to implement the Conven- tirement pay for any service-connected dis- especially important for the Federal tion on Future Multilateral Cooperation in ability compensation they receive; and Government to maintain its invest- the Northwest Atlantic Fisheries. ‘‘Whereas, the offset of retirement benefits ments in science and technology when H.R. 849. An act to amend the Age Dis- by service-connected disability compensa- the pressures of international competi- crimination in Employment Act of 1967 to re- tion presents an economic hardship to dis- tion are leading businesses to focus on instate an exemption for certain bona fide abled military retirees, often reducing them shorter term payoffs at the expense of hiring and retirement plans applicable to to a poverty-level existence; and more basic, longer term, and riskier re- State and local firefighters and law enforce- ‘‘Whereas, similarly situated federal civil ment officers; and for other purposes. service retirees do not face a reduction in search and development. f civil service retirement benefits if they re- In Science in the National Interest (Au- ceive compensation for a service-connected gust 1994), the Vice President and I MEASURES REFERRED disability; and reaffirmed our longstanding commit- ‘‘Whereas, it is fundamentally unfair to re- ment to world leadership in science, The following bills were read the first and quire disabled military retirees essentially mathematics, and engineering. Sci- second times by unanimous consent and re- to fund their own disability compensation; ferred as indicated: entific discoveries inspire and enrich now, therefore, be it us. Equally important, science and H.R. 4. An act to restore the American ‘‘Resolved’’ by the Senate, the House of family, reduce illegitimacy, control welfare Delegates concurring, That Congress be mathematics education provides all spending and reduce welfare dependence; to urged to enact legislation to eliminate this Americans with the knowledge and the Committee on Finance; inequity and to allow disabled military retir- skills they need to prepare for and H.R. 256. An act to withdraw and reserve ees concurrent receipt of full longevity re- adapt to the high-technology jobs of certain public lands and minerals within the tirement benefits and service-connected dis- the future and to exercise the respon- State of Colorado for military uses, and for ability compensation; and be it sibilities of citizenship. other purposes; to the Committee on Energy ‘‘Resolved further,’’ That the Clerk of the This Administration has articulated and Natural Resources; Senate transmit copies of this resolution to clear goals and established priorities H.R. 529. An act to authorize the exchange the President of the United States, the of National Forest System lands in the President of the United States Senate, the for Federal spending, and our economic Targhee National Forest in Idaho for non- Speaker of the United States House of Rep- policies have improved the climate for Federal lands within the forest in Wyoming; resentatives, and the Virginia Congressional private investment as well. We intend to the Committee on Energy and Natural Re- Delegation, so that they may be apprised of to work closely with the Congress to sources; and the sense of the General Assembly of Vir- ensure the well-being of our children H.R. 606. An act to amend the Dayton ginia.’’ and grandchildren. These investments Aviation Heritage Preservation Act of 1992, f will prepare us for the challenges of the and for other purposes; to the Committee on 21st century. Energy and Natural Resources. REPORTS OF COMMITTEE H.R. 622. An act to implement the Conven- WILLIAM J. CLINTON. tion on Future Multilateral Cooperation in The following report of a committee THE WHITE HOUSE, March 29, 1995. the Northwest Atlantic Fisheries; to the was submitted: f Committee on Commerce, Science, and By Mr. HELMS, from the Committee on Transportation. Foreign Relations: MESSAGES FROM THE HOUSE f Special Report entitled ‘‘Legislative Ac- At 11:47 a.m., a message from the tivities Report of the Committee on Foreign MEASURES READ THE FIRST TIME Relations’’ (Rept. No. 104–21). House of Representatives, delivered by Mr. Schaefer, one of its legislative The following bill was read the first f clerks, announced that the House dis- time: EXECUTIVE REPORTS OF agrees to the amendment of the Senate H.R. 849. An act to amend the Age Dis- COMMITTEES to the bill (H.R. 831) to amend the In- crimination in Employment Act of 1967 to re- ternal Revenue Code of 1986 to perma- instate an exemption for certain bona fide The following executive reports of nently extend the deduction for the hiring and retirement plans applicable to committees were submitted: health insurance costs of self-employed State and local firefighters and law enforce- By Mr. THURMOND, from the Committee ment officers, and for other purposes. individuals, to repeal the provision per- on Armed Services: mitting nonrecognition of gain on sales f Mr. THURMOND. Mr. President, and exchanges effectuating policies of PETITIONS AND MEMORIALS from the Committee on Armed Serv- the Federal Communications Commis- ices, I report favorably the attached sion, and for other purposes, and agrees The following petitions and memori- listing of nominations. to the conference asked by the Senate als were laid before the Senate and Those identified with a single aster- on the disagreeing votes of the two were referred or ordered to lie on the isk (*) are to be placed on the Execu- Houses thereon; and appoints the fol- table as indicated: tive Calendar. Those identified with a lowing Members as managers of the POM–54. A resolution adopted by the double asterisk (**) are to lie on the conference on the part of the Houses: Central Washington Farm Crops Association Secretary’s desk for the information of relative to USDA; to the Committee on Agri- Mr. ARCHER, Mr. CRANE, Mr. THOMAS of any Senator since these names have al- culture, Nutrition, and Forestry. ready appeared in the RECORDS of Jan- California, Mr. GIBBONS, and Mr. RAN- POM–55. A joint resolution adopted by the GEL. Legislature of the Commonwealth of Vir- uary 6, February 3, 8, 16, 22, 27, March ginia; to the Committee on Armed Services. 6, 8, and 14, 1995 and to save the expense At 4:55 p.m., a message from the ‘‘SENATE JOINT RESOLUTION NO. 328 of printing again. House of Representatives, delivered by The PRESIDING OFFICER. Without ‘‘Whereas, American servicemen and Mr. Hays, one of its reading clerks, an- women have dedicated their careers to pro- objection, it is so ordered. nounced that the House has passed the tect the rights we all enjoy; and (The nominations ordered to lie on following bills, in which it requests the ‘‘Whereas, military personnel endure hard- the Secretary’s desk were printed in concurrence of the Senate: ships, privation, the threat of death and dis- the RECORDS of January 6, February 3, March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4805 8, 16, 22, 27, March 6, 8, and 14, 1995 at (list begins with Jonathan M. Aadland) (Ref- Harry S Truman Scholarship Foundation for the end of the Senate proceedings.) erence No. 223). a term expiring December 10, 1997. ** Vice Adm. Joseph W. Prueher, USN to be Rae E. Unzicker, of North Dakota, to be a *Col. Stephen M. Englehardt, USMCR to be Vice Chief of Naval Operations and to be ad- Member of the National Council on Disabil- brigadier general (Reference No. 95). miral (Reference No. 228). ity for a term expiring September 17, 1997. **In the Navy there is 1 promotion to the ** Rear Adm. Donald L. Pilling, USN to be John A. White, Jr., of Georgia, to be a grade of lieutenant commander (Sergey M. vice admiral (Reference No. 229). Member of the National Science Board, Na- Scollan) (Reference No. 119). ** In the Army there is 1 promotion to the tional Science Foundation, for a term expir- *In the Marine Corps there are 14 pro- grade of lieutenant colonel (Milton D. ing May 10, 2000. motions to the grade of brigadier general Hughes) (Reference No. 231). Joseph E. Stevens, Jr., of Missouri, to be a (list begins with Charles F. Bolden, Jr.) (Ref- ** In the Army Reserve there are 33 pro- Member of the Board of Trustees of the erence No. 146). motions to the grade of colonel and below Harry S Truman Scholarship Foundation for **In the Air Force Reserve there are 9 ap- (list begins with Peter P. Baljet) (Reference a term expiring December 10, 1997. pointments to the grade of colonel and below No. 237). Ruth Y. Tamura, of Hawaii, to be a Mem- (list begins with Harold L. Kennedy) (Ref- ** In the Army there are 15 promotions to ber of the National Museum Services Board erence No. 188). the grade of colonel (list begins with Jack N. for a term expiring December 6, 1996. **In the Army there are 4 promotions to Anderson) (Reference No. 238) a) Lt. Gen. William W. Quinn, U.S. Army, re- the grade of lieutenant colonel and below **In the Army Reserve there are 6 pro- tired, of Maryland, to be a Member of the (list begins with Orin R. Hilmo, Jr.) (Ref- motions to the grade of colonel (list begins Board of Trustees of the Barry Goldwater erence No. 189). with Duane B. Anderson) (Reference No. 239). Scholarship and Excellence in Education **In the Marine Corps there is 1 promotion **In the Army Reserve there are 33 pro- Foundation for a term expiring October 13, to the grade of lieutenant colonel (Lawrence motions to the grade of lieutenant colonel 1999. (list begins with Arthur D. Bacon) (Reference J. Kovalchik) (Reference No. 190 ). Yerker Andersson, of Maryland, to be a No. 240). *Gen. Ronald W. Yates, USAF to be placed Member of the National Council on Disabil- **In the Army there are 401 promotions to on the retired list in the grade of general ity for a term expiring September 17, 1996. the grade of colonel (list begins with Andrew (Reference No. 197). Nancy Marsiglia, of Louisiana, to be a E. Adams) (Reference No. 241). *Gen. Henry Viccellio, Jr., USAF for re- Member of the National Museum Services **In the Army there is 1 promotion to the appointment to the grade of general (Ref- Board for a term expiring December 6, 1998. grade of lieutenant colonel (David C. Chuber) erence No. 198). Kenneth Byron Hipp, of Hawaii, to be a (Reference No. 250). *Lt. Gen. Billy J. Boles, USAF for re- Member of the National Mediation Board for **In the Air Force there are 52 promotions appointment to the grade of lieutenant gen- a term expiring July 1, 1997. to the grade of lieutenant colonel (list begins eral (Reference No. 199). Peggy Goldwater-Clay, of California, to be *Lt. Gen. Eugene E. Habiger, USAF for re- with Carl M. Alley). (Reference No. 251). *Lt. Gen. Glynn C. Mallory, Jr., USA to be a Member of the Board of Trustees of the appointment to the grade of lieutenant gen- Barry Goldwater Scholarship and Excellence eral (Reference No. 201). placed on the retired list in the grade of lieu- tenant general (Reference No. 252). in Education Foundation for a term expiring *Maj. Gen. Lawrence P. Farrell, Jr. USAF June 5, 2000. to be lieutenant general (Reference No. 202). *In the Air Force Reserve there are 18 ap- pointments to the grade of major general Jerome F. Kever, of Illinois, to be a Mem- **In the Air Force Reserve there are 2 ap- ber of the Railroad Retirement Board for a pointments to the grade of lieutenant colo- and below (list begins with Louis A. Crigler) (Reference No. 254). term expiring August 28, 1998. nel (list begins with Thomas A. Work) (Ref- *In the Air Force and Air Force Reserve Charles Hummel, of Delaware, to be a erence No. 205). there are 45 appointments to the grade of Member of the National Museum Services **In the Air Force Reserve there are 11 pro- lieutenant colonel and below (list begins Board for a term expiring December 6, 1999. motions to the grade of lieutenant colonel with Roberta L. Fierro) (Reference No. 255). E. Gordon Gee, of Ohio, to be a Member of (list begins with Lawrence R. Dowling) (Ref- **In the Navy and Naval Reserve there are the Board of Trustees of the Harry S. Tru- erence No. 206). 42 appointments to the grade of commander man Scholarship Foundation for a term ex- **In the Air Force Reserve there are 26 pro- and below (list begins with Amy L. piring December 10, 1999. motions to the grade of lieutenant colonel Digiovanni) (Reference No. 256). Phillip Frost, of Florida, to be a Member of (list begins with Michael M. Adkinson) (Ref- *Lt. Gen. James A. Fain, Jr., USAF to be the National Museum Services Board for a erence No. 207). placed on the retired list in the grade of lieu- term expiring December 6, 1996. **In the Air Force there are 38 appoint- tenant general (Reference No. 261). Kinshasha Holman Conwill, of New York, ments to the grade of second lieutenant (list *Lt. Gen. John M. Nowak, USAF to be to be a Member of the National Museum begins with Norman W. Anderson) (Reference placed on the retired list in the grade of lieu- Services Board for a term expiring December No. 208). tenant general (Reference No. 262). 6, 1997. ** In the Air Force there are 71 promotions *Maj. Gen. George T. Babbitt, Jr., USAF to Sanford D. Greenberg, of the District of to the grade of colonel and below (list begins be lieutenant general (Reference No. 263). Columbia, to be a Member of the National with James M. Corrigan) (Reference No. 209). *Lt. Gen. Daniel R. Schroeder, USA to be Science Board, National Science Foundation, ** In the Army Reserve there are 24 pro- placed on the retired list in the grade of lieu- for a term expiring May 10, 2000. motions to the grade of colonel (list begins tenant general (Reference No. 265). John A. Gannon, of Ohio, to be a Member with Richard G. Austin) (Reference No. 210). **In the Army there are 3 promotions to of the National Council on Disability for a ** In the Army Reserve there are 32 pro- the grade of lieutenant colonel and below term expiring September 17, 1995. motions to the grade of lieutenant colonel (list begins with Joseph L. Walden) (Ref- John Challinor, of the District of Colum- (list begins with Gary D. Bray) (Reference erence No. 268). bia, to be a Member of the National Commis- No. 211). **In the Army there are 105 promotions to sion on Libraries and Information Science ** In the Navy there are 7 promotions to the grade or colonel (list begins with Doug- for a term expiring July 19, 1999. the grade of commander and below (list be- las M. Anderson) (Reference No. 269). Niranjan Shamalbhai Shah, of Illinois, to gins with Kerby E. Rich) (Reference No. 212). Total: 1,361. be a Member of the Board of Trustees of the ** In the Navy and Naval Reserve there are By Mrs. KASSEBAUM, from the Commit- Barry Goldwater Scholarship and Excellence 33 appointments to the grade of commander tee on Labor and Human Resources: in Education Foundation for a term expiring and below (list begins with Eric R. Victory) John L. Bryant, Jr., of the District of Co- August 11, 1998. (Reference No. 213). lumbia, to be a Member of the National Mu- Virgil M. Speakman, of Ohio, to be a Mem- ** In the Marine Corps there are 5 appoint- seum Services Board for a term expiring De- ber of the Railroad Retirement Board, for a ments to the grade of second lieutenant (list cember 6, 1997. term expiring August 28, 1999. begins with Brandon D. Brown) (Reference Robert G. Breunig, of Arizona, to be a Robert M. Solow, of Massachusetts, to be a No. 214). Member of the National Museum Services Member of the National Science Board, Na- ** In the Air Force there are 44 appoint- Board for a term expiring December 6, 1998. tional Science Foundation, for a term expir- ments to the grade of captain (list begins Ela Yazzie-King, of Arizona, to be a Mem- ing May 10, 2000. with Saket K. Ambasht) (Reference No. 220). ber of the National Council on Disability for Debra Robinson, of Pennsylvania, to be a ** In the Army Reserve there are 11 pro- a term expiring September 17, 1996. Member of the National Council on Disabil- motions to the grade of colonel and below Warren M. Washington, of Colorado, to be ity for a term expiring September 17, 1997. (list begins with Ben W. Adams, Jr.) (Ref- a Member of the National Science Board, Na- Lynda Hare Scribante, of Nebraska, to be a erence No. 221). tional Science Foundation, for a term expir- Member of the Board of Trustees of the ** In the Marine Corps there are 2 pro- ing May 10, 2000. Barry Goldwater Scholarship and Excellence motions to the grade of major (list begins Townsend Wolfe, of Arkansas, to be a in Education Foundation for a term expiring with Donovan E. V. Bryan) (Reference No. Member of the National Museum Services October 13, 1999. 222). Board for a term expiring December 6, 1995. Arthur Rosenblatt, of New York, to be a ** In the Marine Corps there are 258 ap- Steven L. Zinter, of South Dakota, to be a Member of the National Museum Services pointments to the grade of second lieutenant Member of the Board of Trustees of the Board for a term expiring December 6, 1997. S 4806 CONGRESSIONAL RECORD — SENATE March 29, 1995 Lilliam Rangel Pollo, of Florida, to be a STATEMENTS ON INTRODUCED ferences. For example, in Seattle, WA, Member of the National Council on Disabil- BILLS AND JOINT RESOLUTIONS the foundation purchases approxi- ity for a term expiring September 17, 1996. mately 75,000 dollars worth of new Diana S. Natalicio, of Texas, to be a Mem- By Mr. CAMPBELL (for himself, Mr. BROWN, and Mr. AKAKA): equipment for the medical center each ber of the National Science Board, National year. In some instances, the staff sup- Science Foundation, for a term expiring May S. 644, A bill to amend title 38, Unit- 10, 2000. ed States Code, to reauthorize the es- plied provide direct patient care. In Audrey L. McCrimon, of Illinois, to be a tablishment of research corporations in Washington, DC, the foundation has 25 Member of the National Council on Disabil- the Veterans Health Administration, employees who work directly in pa- ity for a term expiring September 17, 1997. and for other purposes; to the Commit- tient care as doctors, nurses, or clini- Claudia Mitchell-Kernan, of California, to tee on Veterans Affairs. cians. be a Member of the National Science Board, NONPROFIT RESEARCH CORPORATIONS Finally, NPRC’s allow interested vet- National Science Foundation, for a term ex- LEGISLATION erans to participate in the development piring May 10, 2000. Mr. CAMPBELL. Mr. President, of new drugs and treatments benefiting Marciene S. Mattleman, of Pennsylvania, today I am introducing a bill to reau- veterans. In Knoxville, TN, the founda- to be a Member of the National Institute for tion participated in a study which Literacy Advisory Board for the remainder thorize Department of Veterans Affairs of the term expiring October 12, 1995. Medical Centers [VAMC’s] to establish made a new blood pressure medication Ayse Manyas Kenmore, of Florida, to be a nonprofit research corporations available to patients in a safe, con- Member of the National Museum Services [NPRC’s]. trolled manner. In Indianapolis, IN the Board for the remainder of the term expiring In 1988, Congress passed a law, Public foundation conducted a drug study December 6, 1995. Law 100–322, allowing VAMC’s to estab- that gave veteran patients access to a Eve L. Menger, of New York, to be a Mem- lish NPRC’s as a means to provide a new medication that benefits chron- ber of the National Science Board, National flexible funding mechanism for VA-ap- ically ill heart patients. Science Foundation, for a term expiring May proved research. The purpose of these By helping to provide equipment, 10, 2000. foundations is to enhance ongoing fed- treatment, staff, and other resources, (The above nominations were re- erally-funded VA research by allowing while defraying the costs of overhead, ported with the recommendation that them to accept private funds, contribu- these foundations are serving veterans they be confirmed, subject to the nomi- tions and grants. Between June 1993 without requiring more money from nees’ commitment to respond to re- and June 1994, the 65 active corpora- the VA budget. quests to appear and testify before any tions provided nearly $40 million in VA This legislation would correct two duly constituted committee of the Sen- research support. problems in current law. First, it ate.) These NPRC’s have five overlapping would extend the window of oppor- functions which help VAMC’s serve tunity for the establishment of new f veteran patients and their families. NPRC’s until December 31, 2000. To my First, these foundations help recruit knowledge, there are several VAMC’s INTRODUCTION OF BILLS AND and maintain qualified staff inside the that would like to establish these im- JOINT RESOLUTIONS VA health care system by insuring a portant research corporations, includ- The following bills and joint resolu- strong research program. Not only do ing one in Colorado. If these VAMC’s tions were introduced, read the first NPRC’s fund research projects directly, were allowed to establish NPRC’s, it and second time by unanimous con- they also help send VA researchers, would pump much-needed supple- sent, and referred to as indicated: nurses, pharmacists, and other staff to mental funds into the VA research pro- By Mr. CAMPBELL (for himself, Mr. conferences and other research events. gram. BROWN, and Mr. AKAKA): This both encourages physicians and The second provision of this bill S. 644. A bill to amend title 38, United other health professionals to work for would delete the requirement that States Code, to reauthorize the establish- VA and keeps the knowledge inside the NPRC’s be established as 501(c)(3) cor- ment of research corporations in the Veter- VA system. porations. Realizing that the IRS has ans Health Administration, and for other Second, these foundations manage re- recognized several foundations under purposes; to the Committee on Veterans Af- search donations and grants with Gov- different classifications, this technical fairs. ernment oversight. NPRC researchers correction is needed to insure the le- By Mr. FEINGOLD: must abide by sunshine laws and con- gality of several NPRC’s. S. 645. A bill to amend the Agricul- duct every project in the open. Unlike I am happy to include Senators tural Adjustment Act to prohibit the universities and private foundations, BROWN and AKAKA as original cospon- Secretary of Agriculture from basing NPRC’s must follow strict conflict of sors of this bill. Mr. President, I hope minimum prices for Class I milk on the interest guidelines which protect integ- the Committee on Veterans’ Affairs distance or transportation costs from rity of the research and the interests of will consider this legislation favorably any location that is not within a mar- veteran patients. so that interested VA Medical Center keting area, except under certain cir- Third, these foundations insure that can once again establish new nonprofit cumstances, and for other purposes; to substantial overhead funds are retained research corporations. the Committee on Agriculture, Nutri- by VAMC’s. Most universities charge Mr. President, I ask unanimous con- tion, and Forestry. overhead costs from 30 to 50 percent, sent that the text of the bill be printed By Mr. ROTH (for himself, Mr. GRASS- while NPRC’s charge only about 5 to 30 in the RECORD. LEY, and Mr. COHEN): percent for overhead. Simply stated, There being no objection, the bill was S. 646. A bill to amend title 10, United foundations allow more money to be ordered to be printed in the RECORD, as States Code, to modernize Department of De- spent on research-related activities and fense acquisition procedures, and for other follows: purposes; to the Committee on Armed Serv- insure that the money stays inside the S. 644 VA system. Furthermore, some NPRC’s ices. Be is enacted by the Senate and House of Rep- provide funds for overheard costs. For resentatives of the United States of American in f example, the San Diego foundation Congress assembled, contributes over $100,000 for overhead SECTION 1. AUTHORITY FOR RESEARCH COR- SUBMISSION OF CONCURRENT AND expenses, including paying one-quarter PORATIONS. SENATE RESOLUTIONS of the hospital’s bill for hazardous (a) AUTHORITY.—Subsection (a) of section The following concurrent resolutions waste disposal at the research facility. 7361 of title 38, United States Code, is amend- Before NPRC’s were established, the ed by inserting after the first sentence the and Senate resolutions were read, and following new sentence: ‘‘Subject to the pro- referred (or acted upon), as indicated: medical centers were forced to carry all the administrative costs of re- visions of section 7368 of this title, the Sec- By Mr. DOLE (for himself and Mr. retary may exercise the authority set forth DASCHLE): search. in the preceding sentence on or after the S. Res. 96. A resolution commending Chick Fourth, these foundations help pro- date of the enactment of the Act entitled ‘An Reynolds on the occasion of his retirement; vide resources for research-related per- Act to amend title 38, United States Code, to considered and agreed to. sonnel, equipment, supplies, and con- reauthorize the establishment of research March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4807 corporations in the Veterans Health Admin- which criteria are used to set milk from competing effectively in a na- istration, and for other purposes.’’’. prices. Finally, he will have to certify tional market. (b) CLARIFICATION OF TAX-EXEMPT STA- to Congress that in no way do the cri- While this system has been around TUS.—(1) Subsection (b) of such section is teria used by the Department attempt amended by striking out ‘‘section 501(c)(3) since 1937, the practice of basing fluid of’’. to circumvent the prohibition on using milk price differentials on the distance (2) Section 7363(c) of such title is amended distance or transportation cost as basis from Eau Claire was formalized in the by striking out ‘‘section 501(c)(3) of’’. for pricing milk. 1960’s, when arguably the Upper Mid- (c) TERMINATION OF AUTHORITY.—Section This one change is so crucial to west was the primary reserve for addi- 7368 of such title is amended by striking out Upper Midwest producers, because the tional supplies of milk. The idea was to ‘‘December 31, 1992’’ and inserting in lieu current system has penalized them for encourage local supplies of fluid milk thereof ‘‘December 31, 2000’’. many years. By providing disparate in areas of the country that did not By Mr. FEINGOLD: profits for producers in other parts of traditionally produce enough fluid S. 645. A bill to amend the Agri- the country and creating artificial eco- milk to meet their own needs. culture Adjustment Act to prohibit the nomic incentives for milk production, Mr. President, that is no longer the Secretary of Agriculture from basing Wisconsin producers have seen national case. The Upper Midwest is neither the minimum prices for class I milk on the surpluses rise, and milk prices fall. lowest cost production area nor a pri- distance or transportation costs from Rather than providing adequate sup- mary source of reserve supplies of any location that is not within a mar- plies of fluid milk in some parts of the milk. Milk is produced efficiently, and keting area, except under certain cir- country, the prices have led to excess in some cases, at lower cost than the cumstances, and for other purposes; to production. Upper Midwest, in many of the mar- the Committee on Agriculture, Nutri- The prices have provided production kets with higher fluid milk differen- tion, and Forestry. incentives beyond those needed to en- tials. Unfortunately, the prices didn’t sure a local supply of fluid milk in THE AGRICULTURAL ADJUSTMENT ACT adjust with changing economic condi- AMENDMENT ACT OF 1995 some regions, leading to an increase in tions, most notably the shift of the ∑ Mr. FEINGOLD. Mr. President, today manufactured products in those mar- dairy industry away from the Upper keting orders. Those manufactured I rise to introduce a bill which will be Midwest and toward the Southwest. products directly compete with Wis- a first step toward rectifying the in- Fluid milk prices should have been consin’s processed products, eroding equities in the Federal milk marketing lowered to reflect that trend. Instead, our markets and driving national order system. The Federal milk mar- in 1985, the prices were increased for prices down. keting order system, created nearly 60 markets distant from Eau Claire. In the past 4 years, markets far from years ago, establishes minimum prices USDA has refused to use the adminis- Eau Claire, WI, sold most of the sur- for milk paid to producers throughout trative authority provided by Congress plus manufactured dairy products to various marketing areas in the United to make the appropriate adjustments the Federal Government under the States. to reflect economic realities. They con- dairy price support program. The Min- My legislation is very simple. It iden- tinue to stand behind single-basing- nesota-Wisconsin area—the supposed tifies the single most harmful flaw in point pricing. the current system, and corrects it. surplus area of the country—in reality accounts for only a small percentage of The result has been the decline in the That flaw is USDA’s practice of bas- Upper Midwest dairy industry, not be- ing prices for fluid milk in all market- actual surplus sales. cause they can’t compete in the mar- ing ares east of the Rocky Mountains The perverse nature of this system is ketplace, but because the system dis- on the distance from Eau Claire, WI, further illustrated by the fact that in criminates against them. when there is no longer any economic 1995 some regions of the United States, Since 1980, Wisconsin has lost over justification for doing so. notably the Central States and the The price for fluid milk increases at Southwest, are now producing so much 15,000 dairy farmers. The Upper Mid- a rate of 21 cents per hundred miles milk that they are actually shipping west, with the lowest fluid milk prices, from Eau Claire, WI, even though most fluid milk north to the Upper Midwest. is shrinking as a dairy region. Other milk marketing orders do not receive The high fluid milk prices have gen- regions with higher fluid milk prices any milk from Wisconsin. Fluid milk erated so much excess production, that are growing rapidly. prices, as a result, are $2.98 cents high- these markets distant from Eau Claire In an unregulated market with a er in Florida than in Wisconsin and are now taking not only our manufac- level playing field these shifts in pro- over $1.00 higher in Texas. tured markets, but also our markets duction might be fair. But in a market This method of pricing fluid milk is for fluid milk, further eroding prices in where the Government is setting the not only arbitrary, it is both out of Wisconsin. prices and providing that artificial ad- date and out of sync with the market Emphasizing the market distorting vantage, the current system is uncon- conditions of 1995. It is time for this effects of the fluid price differentials in scionable. method of pricing—known as single- Federal orders is the Congressional This bill is a first step in reforming based-point pricing—to come to an end. Budget Office estimate that eliminat- Federal orders by prohibiting a prac- The bill I am introducing today will ing the orders would save $669 million tice that should have been dropped prohibit the Secretary of Agriculture over 5 years. Government outlays long ago. However, for Congress there from using distance or transportation would fall, CBO concludes, because pro- is a long way to go. Through the proc- costs from any location as the basis for duction would fall in response to lower ess of the 1995 farm bill we will have to pricing milk, unless significant quan- milk prices and there would be fewer determine not only what Federal or- tities of milk are actually transported Government purchases of surplus milk. ders should not do, but also what they from that location into the recipient The regions which would gain and lose should do, and, indeed, if they are still market. The Secretary will have to in this scenario illustrate the discrimi- necessary. My bill is a starting point. I comply with the statutory requirement nation inherent to the current system. look forward to working with my col- that supply and demand factors be con- Recent economic analyses show that leagues and with the dairy industry in sidered as specified in the Agricultural farm revenues in the absence of Fed- the upcoming months to determine Marketing Agreement Act when set- eral orders would actually increase in more specifically how we should estab- ting milk prices in marketing orders. the Upper Midwest and fall in most lish orderly marketing conditions. The fact remains that single-basing- other milk-producing regions. However, this bill identifies the one point pricing simply cannot be justi- I am not advocating total elimi- change that is absolutely necessary in fied based on supply and demand for nation of the current system at this any outcome—the elimination of single milk both in local and national mar- point, however, the data clearly show basing point pricing. kets. that Upper Midwest producers are hurt Mr. President, I ask unanimous con- This bill also requires the Secretary by distortions built into a single-bas- sent that the text of the bill be printed to report to Congress on specifically ing-point system that prevent them in the RECORD. S 4808 CONGRESSIONAL RECORD — SENATE March 29, 1995 There being no objection, the bill was cost and schedule problems. Last De- and its consensus based management ordered to be printed in the RECORD, as cember, two of the Defense Depart- process must be abandoned in favor of follows: ment’s own reports found that, on av- a results oriented process. S. 645 erage, 33 percent of its programs are Two, incentives are wrong. They re- Be it enacted by the Senate and House of Rep- experiencing overruns. A Defense Sys- ward program managers and contrac- resentatives of the United States of Congress as- tems Management College study, pub- tors for increasing the size of their pro- sembled, lished last month in the College’s jour- gram and their budget. There are no in- SECTION 1. LOCATION ADJUSTMENTS FOR MINI- nal, reported average cost overruns of centives for a job well done. MUM PRICES FOR CLASS I MILK. 45 percent with schedule delays of 63 Three, the organization is too large. Section 8c(5) of the Agricultural Adjust- percent. For example, the C–17 trans- ment Act (7 U.S.C. 608c(5)), reenacted with It is a bureaucracy with layer upon amendments by the Agricultural Marketing port’s cost and schedule overruns have layer of management and dozens of Agreement Act of 1937, is amended— seriously delayed its availability. After buying commands and subcommands (1) in paragraph (A)— spending $10.4 billion and over 20 years spread across the four military serv- (A) in clause (3) of the second sentence, by in developing the C–17, the Air Force is ices. Many of the bureaucratic layers inserting after ‘‘the locations’’ the following: considering buying commercial air- exist solely for the purpose of satisfy- ‘‘within a marketing area subject to the craft in its place. ing the needs of the bureaucracy and order’’; and We can point to such horror stories add no value. The dozens of defense ac- (B) by striking the last 2 sentences and in- in all the services. Acquisition costs serting the following: ‘‘Notwithstanding quisition schools that were originally paragraph (18) or any other provision of law, for Navy major weapon systems are over budget by as much as 179 percent; intended to ensure the excellence of when fixing minimum prices for milk of the the work force have now become a bar- highest use classification in a marketing Air Force systems by as much as 158 area subject to an order under this sub- percent, and Army systems by as much rier to reform. And, dozens of military section, the Secretary may not, directly or as 220 percent, even after accounting depots have become a hindrance to effi- indirectly, base the prices on the distance for the effects of inflation and quan- ciently downsizing the defense indus- from, or all or part of the costs incurred to tity. A July 1993 Defense Science Board trial base. transport milk to or from, any location that study found that: ‘‘without fundamen- Mr. President, my proposal contains is not within the marketing area subject to tal reform, DOD will be unable to af- eight parts and incorporates the prin- the order, unless milk from the location con- ciples of unity of command, lean man- stitutes at least 50 percent of the total sup- ford the weapons, equipment, and serv- ply of milk of the highest use classification ices it needs to provide for our national agement structure, fast processes, and in the marketing area. The Secretary shall security.’’ pay for performance for both Govern- report to the Committee on Agriculture of The defense buying bureaucracy is ment workers and contractors. the House of Representatives and the Com- plagued by multi-billion-dollar cost First, with respect to program per- mittee on Agriculture, Nutrition, and For- overruns, programs that are years or formance, programs must be managed estry of the Senate on the criteria that are even a decade behind schedule, incen- within 90 percent of their budget, used as the basis for the minimum prices re- tives that encourage spending rather schedule, and performance goals. If ferred to in the preceding sentence, includ- than cost-cutting, and topheavy bu- ing a certification that the minimum prices they overrun by 50 percent or more, are made in accordance with the preceding reaucratic agencies that rely on de- programs must be terminated. sentence’’; and tailed regulations rather than good Second, my legislation would require (2) in paragraph (B)(c), by inserting after judgment. Defense Department studies the Secretary of Defense to streamline ‘‘the locations’’ the following: ‘‘within a find that it takes 16 to 25 years and the acquisition management process so marketing area subject to the order’’.∑ more than 840 steps to bring a tech- that program managers focus on nology to the battlefield. By then the By Mr. ROTH (for himself, Mr. achieving results. It also integrates the technologies are out of date. Until the operational testing reforms that I have GRASSLEY, and Mr. COHEN): buying system is changed, the results S. 646. A bill to amend title 10, Unit- been working on with Senator PRYOR would not improve. to prevent circumvention of oper- ed States Code, to modernize Depart- Mr. President, I have long main- ment of Defense acquisition proce- ational tests and force early oper- tained that Congress must be bold if it ational assessments to reduce the risk dures, and for other purposes, to the is to make significant improvements in of major flaws being found after pro- Committee on Armed Services. the Government’s buying system—a duction has started. THE ACQUISITION MANAGEMENT REFORM ACT OF system I have worked for more than a Third, my proposal streamlines the 1995 decade to reform. It was my legislation defense acquisition organization and Mr. ROTH. Mr. President, last year, that led to the creation of the Packard we joined with the administration in Commission. I have sponsored and its interface with operational users. taking a step toward improving the fought for many reforms, including the The bill reorganizes the Defense De- Federal Government’s massive buying Federal Acquisition Streamlining Act, partment research, development, and system. This is an issue that I have which I and my colleagues on the Gov- acquisition bureaucracies into a single been working on for over a decade and ernmental Affairs Committee success- DOD-wide agency, using the three the payoff from a comprehensive re- fully enacted into law. layer organization endorsed by the form is significant. Last year’s bill, the While last year’s legislation made a Packard commission. Federal Acquisition Streamlining Act, good step forward more significant Fourth, the bill re-emphasizes the attempted to improve the Govern- changes are required to fix the core commitment of Congress to a profes- ment’s access to commercial items. It problems. Without major cultural and sional acquisition work force and es- also laid the groundwork for more com- structural change, cost and schedule tablishes an incentive structure fo- prehensive reforms. However, it did not overruns will continue, the Pentagon cused on program performance. remedy the core problems of the Fed- will pay more than it should for goods Fifth, the legislation emphasizes the eral buying system. Today, Congress- and services; and the taxpayer will necessity for an efficient contracting man KASICH and I are introducing leg- pick up the inflated tab. Moreover, our process by establishing a policy goal of islation to dramatically reshape the brave young men and women in uni- cutting in-half the time it takes to get Defense Department buying system. form will continue to wait for decades an item to someone with a need. It also Recent reports from both the Defense to get weapons that may not meet allows the Defense Department to limit Department and the General Account- their needs. the final selection process to the top ing Office highlight the need for re- Mr. President, there are three root two or three bidders, as recommended form. In short, the Defense Department causes to this situation which must be by the GAO. has become increasingly unable to addressed today: Sixth, the Defense Department will produce the best technology in an af- One, the defense acquisition process be able to manage its contractors on fordable manner, when it is needed. is too cumbersome, takes too long, and the basis of performance, rather than The vast majority of weapon acquisi- does not produce desired results. The relying on continuous audit oversight tion programs are experiencing serious DOD 5000 and 8000 Series of documents and the threat of penalties. Under the March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4809 concept that I am proposing, contrac- TITLE I—PERFORMANCE BASED Sec. 222. The defense acquisition work force. tor profit would be tried to achieve- ACQUISITION PROCESS Sec. 223. Procurement procedures generally. ment of quantifiable performance Subtitle A—Performance Goals Sec. 224. Research and development. measures. Sec. 101. Strengthened reporting require- Sec. 225. Miscellaneous procurement provi- sions. Seventh, the bill addresses major fi- ment. Sec. 102. Termination of major defense ac- Sec. 226. Major defense acquisition pro- nancial management problems that af- grams. flict the defense buying system. It re- quisition programs not meeting goals. Sec. 227. Service specific acquisition author- duces the major source of program in- Sec. 103. Enhanced performance incentives ity. stability by enabling full-funding of a for acquisition workforce. Sec. 228. Other laws. program for each phase of the develop- Subtitle B—Results-Oriented Acquisition Subtitle D—Effective Date ment process. Additionally, those who Process Sec. 241. Effective date. use weapons will regain authority for Sec. 111. Revision of regulations relating to TITLE III—DEPOT-LEVEL MAINTENANCE determining what is bought to support acquisition of major systems Sec. 301. Elimination of 60 / 40 rule for pub- them. The bill also applies pay for per- and information technology lic / private division of depot- formance to responsible officials, re- systems. level maintenance workload. Sec. 112. Results oriented acquisition pro- quiring them to bring financial man- Sec. 302. Preservation of core maintenance gram cycle. agement up to commercial standards. and repair capability. Sec. 113. Operational test and evaluation re- Sec. 303. Performance of depot-level mainte- Eighth, the bill consolidates duplica- quirements in relation to low- nance workload by private sec- tive military and industry mainte- rate production. nance and repair depots. The bill pro- Sec. 114. Acquisition of information tech- tor whenever possible. hibits the Defense Department from nology. TITLE I—PERFORMANCE BASED performing depot and intermediate Subtitle C—Rapid Contracting ACQUISITION PROCESS level maintenance and repair work, un- Sec. 121. Goal. Subtitle A—Performance Goals less industry is unwilling to perform Sec. 122. Authority to limit number of SEC. 101. STRENGTHENED REPORTING REQUIRE- the work. Therefore existing repair de- offerors. MENT. pots must be either privatized or shut Sec. 123. Preference for certified contrac- Section 2220(b) of title 10, United States down. tors. Code, is amended in the first sentence by Sec. 124. Consideration of past performance striking out ‘‘an assessment of whether Mr. President, large savings can be and eligibility certification. major and nonmajor acquisition programs of realized from the comprehensive re- Sec. 125. Encouragement of multiyear con- the Department of Defense are achieving’’ forms I am proposing. I anticipate that tracting. and inserting in lieu thereof ‘‘an assessment, my approach will reduce acquisition Sec. 126. Encouragement of use of leasing for each Department of Defense appropria- management personnel by as much as authority. tion account, of whether the major and 25 to 30 percent through reduction in Subtitle D—Performance Based Contract nonmajor acquisition programs funded from duplicative headquarters staffs. The Management such account are achieving’’. Defense Science Board Task Force on Sec. 131. Unallowable costs. SEC. 102. TERMINATION OF MAJOR DEFENSE AC- Sec. 132. Alternatives approaches to con- QUISITION PROGRAMS NOT MEET- Defense Acquisition Reform reported in ING GOALS. July 1993 that a comprehensive reform tract management. Sec. 133. Contractor share of gains and Section 2220 of title 10, United States Code, along the lines I am proposing would losses from cost, schedule, and is amended by adding at the end the follow- save $20 billion per year. The House performance experience. ing: Budget Committee has included $3.5 Subtitle E—Financial Management ‘‘(d) TERMINATION OF PROGRAMS SIGNIFI- CANTLY UNDER GOALS.—The Secretary of De- billion in its budget reduction pro- Sec. 141. Phase funding of defense acquisi- posal, and the Congressional Budget fense shall terminate any major defense ac- tion programs. quisition program that— Office conservatively estimates the Sec. 142. Maximized benefit funding. ‘‘(1) is more than 50 percent over the cost Sec. 143. Improved Department of Defense savings at about $1.7 billion per year. goal established for a phase of the program; contract payment procedures. In summary, there is both a need and ‘‘(2) fails to achieve at least 50 percent of an opportunity for reforming Defense Subtitle F—Defense Acquisition Workforce the performance capability goals established acquisition. But, Mr. President, I must Sec. 151. Consideration of past performance for a phase of the program; or point out that bureaucracies are inher- in assignment to acquisition ‘‘(3) is more than 50 percent behind sched- ently unable to reform themselves. The positions. ule, as determined in accordance with the time has come for us to make some Sec. 152. Termination of defense acquisition schedule goal established for a phase of the very hard and difficult decisions which schools. program.’’. have far-reaching impact on the future Subtitle G—Revision of Procurement SEC. 103. ENHANCED PERFORMANCE INCEN- Integrity Requirements TIVES FOR ACQUISITION of our country. Change must be WORKFORCE. brought about by those of us who are Sec. 161. Amendments to Office of Federal Procurement Policy Act. (a) CLARIFICATION OF REQUIREMENTS FOR concerned about maintaining a strong Sec. 162. Amendments to title 18, United SYSTEM OF INCENTIVES.—Subsection (b) of defense within today’s budget con- States Code. section 5001 of the Federal Acquisition straints. Sec. 163. Repeal of superseded and obsolete Streamlining Act of 1994 (Public Law 103–355; Mr. President, I ask that the full text laws 108 Stat. 3350; 10 U.S.C. 2220 note) is amend- of the bill and a letter be printed in the Sec. 164. Implementation. ed— (1) by redesignating paragraphs (1) and (2) Subtitle H—Clerical Amendments RECORD. as subparagraphs (A) and (B), respectively; There being no objection, the mate- Sec. 171. Clerical amendments to title 10. (2) by designating the second sentence as rial was ordered to be printed in the Sec. 172. Other laws. paragraph (2); and RECORD, as follows: TITLE II—REORGANIZATION AND REFORM (3) by inserting ‘‘(1)’’ after ‘‘(b) ENHANCED OF THE DEFENSE ACQUISITION SYSTEM SYSTEM OF PERFORMANCE INCENTIVES.—’’; and S. 646 Subtitle A—Streamlining and Improvement (4) by adding at the end the following: Be it enacted by the Senate and House of Rep- of Acquisition Management ‘‘(3) The Secretary shall include in the en- resentatives of the United States of America in Sec. 201. Reorganization of acquisition au- hanced system of incentives the following: Congress assembled, thority. ‘‘(A) Pay bands. SECTION 1. SHORT TITLE. Sec. 202. Joint foreign products develop- ‘‘(B) Significant and material pay and pro- This Act may be cited as the ‘‘Department ment. motion incentives to be awarded, and signifi- cant and material unfavorable personnel ac- of Defense Acquisition Management Reform Subtitle B—Transfer of Functions Act of 1995’’. tions to be imposed, under the system exclu- Sec. 211. Transfers. sively, or primarily, on the basis of the con- Sec. 212. Savings provisions. SEC. 2. TABLE OF CONTENTS. tributions of personnel to the performance of The table of contents for this Act is as fol- Subtitle C—Conforming Amendments the acquisition program in relation to cost lows: Sec. 221. Modification of the responsibility goals, performance goals, and schedule goals. of the Under Secretary of De- ‘‘(C) Provisions for pay incentives and pro- Sec. 1. Short title. fense (Comptroller) for defense motion incentives to be awarded under the Sec. 2. Table of contents. acquisition budgets. system only if— S 4810 CONGRESSIONAL RECORD — SENATE March 29, 1995 ‘‘(i) the cost of the acquisition program is ‘‘(B) shall be conducted by the program ex- mates, affordability, needs, and risks of the less than 90 percent of the baseline param- ecutive officer; program. eter established for the cost of the program ‘‘(C) shall include representatives of com- ‘‘(d) USER INVOLVEMENT IN INTEGRATION under section 2435 of title 10, United States manders of unified and specified combatant MATTERS.—The regulations under subsection Code; commands, all armed forces (other than the (a) shall ensure that the potential users ‘‘(ii) the period for completion of the pro- Coast Guard), laboratories, and industry; and (within the military departments) of an item gram is less than 90 percent of the period ‘‘(D) shall result in the team recommend- being acquired under the program cycle set provided under the baseline parameter estab- ing to the potential user a range of solutions forth in subsection (a) are afforded an oppor- lished for the program schedule under such for meeting user requirements or for evalu- tunity to participate meaningfully in the ac- section; and ating opportunities; quisition decisions concerning such item ‘‘(iii) the results of the phase of the pro- ‘‘(E) shall be completed within one to three during the phases described in paragraphs (3) gram being executed exceed the performance months. and (4) of that subsection.’’. parameter established for the system under ‘‘(2) The prototype development and test- (b) CONFORMING AMENDMENTS.— such section by more than 10 percent. ing phase which— (1) COORDINATION AND COMMUNICATION OF ‘‘(D) Provisions for unfavorable personnel ‘‘(A) shall include operational tests and DEFENSE RESEARCH ACTIVITIES.—Section 2364 actions to be taken under the system only if concerns relating to manufacturing oper- of title 10, United States Code, is amended— the acquisition program performance for the ations and life cycle support; (A) in subsection (b)(5), by striking out phase being executed exceeds by more than ‘‘(B) shall be completed within 6 to 36 ‘‘making milestone 0, milestone I, and mile- months; and 10 percent the cost and schedule parameters stone II decision’’ and inserting in lieu there- ‘‘(C) shall produce sufficient numbers of established for the program phase under sec- of ‘‘the integrated decision team meeting, prototypes to assess operational utility. tion 2435 of title 10, United States Code, and the making of the decision at the single ‘‘(3) Product integration, development, and the performance of the system acquired or to major decision point under subsection (c) of testing which— be acquired under the program fails to section 2221 of this title, and, as appropriate, achieve at lease 90 percent of the baseline ‘‘(A) shall include full-scale development, operational testing, and integration of com- the making of other acquisition program de- parameters established for performance of cisions during the acquisition program cycle the program under such section.’’. ponents; and ‘‘(B) shall be completed within one to five described in section 2221 of this title’’; and (b) RECOMMENDED LEGISLATION.—Sub- (B) by striking out subsection (c). section (c) of such section is amended by years. ‘‘(4) Production, integration into existing (2) SURVIVABILITY AND LETHALITY TEST- adding at the end the following: ‘‘The Sec- ING.—Section 2366(c) of such title is amended retary shall include in the recommendations systems, or production and integration into existing systems. by striking out ‘‘engineering and manufac- provisions necessary to implement the re- turing development’’ in paragraph (1) and in quirements of subsection (b)(3).’’. ‘‘(b) RELATIONSHIP BETWEEN EXTENT OF TECHNICAL RISK AND COMPLETION OF the second sentence of paragraph (2) and in- (c) IMPLEMENTATION OF INCENTIVES SYS- PHASES.—(1) The time constraints set forth serting in lieu thereof ‘‘product integration, TEM.—Section 5001 of the Federal Acquisition development, and testing’’. Streamlining Act of 1994 is further amended in subsections (a)(1)(E), (a)(2)(B), and (a)(3)(B) establish maximum limits for com- (3) LOW-RATE INITIAL PRODUCTION OF NEW by adding at the end the following: pletion of the acquisition program cycle and SYSTEMS.—Section 2400(a)(2) of such title is ‘‘(d) IMPLEMENTATION OF INCENTIVES SYS- for each phase of the program cycle. The reg- amended by striking out ‘‘engineering and TEM.—(1) The Secretary shall complete the ulations prescribed for the acquisition pro- manufacturing development’’ and inserting review required by subsection (b) and take gram cycle shall provide for reducing the in lieu thereof ‘‘product integration, devel- such actions as are necessary to provide an maximum time limits for an acquisition pro- opment, and testing’’. enhanced system of incentives in accordance gram in relation to the degree of the tech- (4) SELECTED ACQUISITION REPORTS.—Sec- with such subsection not later than October nical difficulty that is involved in the execu- tion 2432 of such title is amended— 1, 1997. tion of the various recommendations devel- (A) in subsection (b)(3)(A)(i), by striking ‘‘(2) Not later than October 1, 1996, the Sec- oped for the program in the integrated deci- out ‘‘engineering and manufacturing devel- retary shall submit to the Committee on sion team phase under subsection (a)(1)(D). opment’’ and inserting in lieu thereof ‘‘prod- Armed Services of the Senate and the Com- ‘‘(2) The regulations shall provide three al- uct integration, development, and testing’’; mittee on National Security of the House of ternatives for maximum time limits that are (B) in subsection (c)(3)(A), by striking out Representatives a report on the actions to apply to completion of the acquisition ‘‘engineering and manufacturing develop- taken to satisfy the requirements of para- program cycle for a program and for each ment phase or has completed that stage’’ and graph (1).’’. phase of the program cycle, as follows: inserting in lieu thereof ‘‘product integra- Subtitle B—Results-Oriented Acquisition ‘‘(A) In the case of an acquisition that in- tion, development, and testing phase or has Process volves complex technical risks and integra- completed that phase’’; tion issues, completion within the maximum (C) in subsection (h)(1)— SEC. 111. REVISION OF REGULATIONS RELATING TO ACQUISITION OF MAJOR SYS- time limits set forth in subsection (a). (i) in the first sentence, by striking out TEMS AND INFORMATION TECH- ‘‘(B) In the case of an acquisition of a com- ‘‘engineering and manufacturing develop- NOLOGY SYSTEMS. ponent primarily using existing technology ment’’ and inserting in lieu thereof ‘‘proto- Not later than October 1, 1996, the Sec- or of a modification of a component or sys- type development and testing’’; and retary of Defense shall revise the regulations tem primarily using existing technology, ac- (ii) in the second sentence, by striking out of the Department of Defense relating to the celerated completion. ‘‘engineering and manufacturing develop- acquisition of major systems and of informa- ‘‘(C) In the case of an acquisition of a com- ment’’ and inserting in lieu thereof ‘‘product tion technology systems to ensure that, in mercial item or a nondevelopmental item, integration, development, and testing’’. the acquisition of those systems, program relatively rapid completion. (5) MAJOR DEFENSE ACQUISITION PRO- managers focus on achieving results rather ‘‘(c) SINGLE MAJOR DECISION POINT.—(1) GRAMS.— than on preparing and transmitting reports The acquisition program approval process (A) INDEPENDENT COST ESTIMATES.—Section and building consensus among interested within the Department of Defense shall have 2434(a) of such title is amended by striking persons. one major decision point which shall occur out ‘‘engineering and manufacturing devel- for an acquisition program before that pro- opment, or the production and deployment,’’ SEC. 112. RESULTS ORIENTED ACQUISITION PRO- GRAM CYCLE. gram proceeds into product integration, de- and inserting in lieu thereof ‘‘product inte- velopment, and testing. gration, development, and testing’’. (a) CYCLE DEFINED.—Chapter 131 of title 10, United States Code, is amended by adding at ‘‘(2) At the major decision point for an ac- (B) BASELINE DESCRIPTION.—Section 2435 of the end the following: quisition program, the Under Secretary of such title is amended— Defense for Acquisition, in consultation with (i) in subsection (b), by striking out ‘‘engi- ‘‘§ 2221. Results oriented acquisition program the Vice Chairman of the Joint Chiefs of neering and manufacturing development’’ cycle Staff, shall— and inserting in lieu thereof ‘‘prototype de- ‘‘(a) PROGRAM PHASES.—The Secretary of ‘‘(A) review the program; velopment and testing’’; and Defense shall define in regulations a sim- ‘‘(B) determine whether the program (ii) by striking out subsection (c) and in- plified acquisition program cycle that is re- should continue to be carried out beyond serting in lieu thereof the following: sults-oriented and consists of the following product integration and development; and ‘‘(c) SCHEDULE.—A baseline description for phases: ‘‘(C) decide whether— a major defense acquisition program shall be ‘‘(1) The integrated decision team meeting ‘‘(i) to direct the program manager to re- prepared under this section— which— quest an integrated decision team meeting; ‘‘(1) before the program enters prototype ‘‘(A) may be requested by a potential user ‘‘(ii) to proceed into product integration or development and testing; of the system or component to be acquired, development; or ‘‘(2) before the program enters product in- the head of a laboratory, or a program office ‘‘(iii) to terminate the program. tegration and development; and on such bases as the emergence of a new ‘‘(3) In the review of an acquisition pro- ‘‘(3) before the program enters production, military requirement, cost savings oppor- gram, the Under Secretary shall consider the integration into existing systems, or produc- tunity, or new technology opportunity; potential benefits, independent cost esti- tion and integration into existing systems.’’. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4811 SEC. 113. OPERATIONAL TEST AND EVALUATION ‘‘(B) the results of such test and evaluation ‘‘(2) The term ‘operational test and evalua- REQUIREMENTS IN RELATION TO confirm that the items or components actu- tion’ has the meaning given that term in sec- LOW-RATE PRODUCTION. ally tested are effective and suitable for tion 139(a)(2)(A) of this title. For purposes of (a) REQUIREMENTS.—Section 2399 of title 10, combat. subsection (a), that term does not include an United States Code, is amended to read as ‘‘(3) A final decision within the Depart- operational assessment based exclusively follows: ment of Defense to proceed with a program on— for the acquisition of a major system beyond ‘‘(A) computer modeling; ‘‘§ 2399. Operational test and evaluation of low-rate initial production may not be made ‘‘(B) simulation; or major systems until the Director submits to the Secretary ‘‘(C) an analysis of system requirements, ‘‘(a) CONDITION FOR PROCEEDING INTO LOW- of Defense and the congressional defense engineering proposals, design specifications, RATE INITIAL PRODUCTION.—(1) The Secretary committees a written opinion on the mat- or any other information contained in pro- of Defense may not issue a notice to proceed ters. gram documents. with production of a major system until— ‘‘(d) NON-MAJOR SYSTEMS.—Operational ‘‘(3) The term ‘congressional defense com- ‘‘(A) at least one phase of initial oper- testing of a new system other than a major mittees’ means— ational test and evaluation has been com- system may not be conducted until the head ‘‘(A) the Committee on Armed Services and pleted, during the prototype development of the operational test and evaluation agen- and the Committee on Appropriations of the and testing phase and again during the prod- cy of the military department concerned de- Senate; and uct integration, development, and testing termines the quantity of articles of the sys- ‘‘(B) the Committee on National Security phase, in order to demonstrate that the sys- tem that are to be procured for operational and the Committee on Appropriations of the tem— testing. House of Representatives.’’. ‘‘(i) meets the minimum performance re- ‘‘(e) IMPARTIALITY OF CONTRACTOR TESTING (b) QUANTITIES PROCURED FOR LOW-RATE quirements established for the system; PERSONNEL.—No person employed by the INITIAL PRODUCTION.—(1) Subsection (a) of ‘‘(ii) is suitable for the purposes for which contractor under a program for the acquisi- section 2400 of such title is amended— the system is to be acquired; and tion of a major system may be involved in (A) by striking out paragraph (3); ‘‘(iii) does not require significant design the conduct of the operational test and eval- (B) by redesignating paragraphs (4) and (5) changes or other significant modifications in uation necessary for the program to proceed as paragraphs (3) and (4), respectively; order to demonstrate required operational beyond low-rate production in accordance (C) by striking out the second sentence of capabilities; and with subsection (b). The limitation in the paragraph (4), as so redesignated; and ‘‘(B) the Director of Operational Test and preceding sentence does not apply to the ex- (D) by adding at the end the following new Evaluation has certified to the Secretary tent that the Secretary of Defense plans for paragraph: and to the congressional defense committees persons employed by that contractor to be ‘‘(5)(A) Except as provided in subparagraph that— involved in the operation, maintenance, and (B), the quantity determined for a system ‘‘(i) the test and evaluation performed on support of the system when the system is de- under paragraph (1) may not exceed the the system were adequate; and ployed in combat. quantity equal to 10 percent of the total ‘‘(ii) the conditions set forth in clauses (i), ‘‘(f) IMPARTIAL CONTRACTED ADVISORY AND quantity of articles of the system that is to (ii), and (iii) of subparagraph (A) were satis- ASSISTANCE SERVICES.—(1) The Director may be acquired under the program for the acqui- fied. not contract with any person for advisory sition of such system, determined as of the ‘‘(2) The Secretary may waive the require- and assistance services with regard to the date on which funds appropriated for pro- ments of paragraph (1)(B) in the case of a test and evaluation of a major system if that curement are first obligated for the program. major system if the Secretary— person participated in (or is participating in) ‘‘(B) The quantity of articles determined ‘‘(A) determines and certifies to the con- the development, production, or testing of for a system under paragraph (1) may exceed gressional defense committees that the waiv- such system for a military department or the maximum quantity provided under sub- er is vital to national security interests; or Defense Agency (or for another contractor of paragraph (A)— ‘‘(B) certifies to the congressional defense the Department of Defense). ‘‘(i) during a war declared by Congress or a committees that the Secretary has informa- ‘‘(2) The Director may waive the limitation national emergency declared by Congress or tion that demonstrates that the conditions under paragraph (1) in any case if the Direc- the President; or set forth in clauses (i), (ii), and (iii) of para- tor determines in writing that sufficient ‘‘(ii) if the Secretary of Defense certifies to graph (1)(A) can be satisfied without increas- steps have been taken to ensure the impar- the congressional defense committees re- ing— tiality of the contractor in providing the ferred to in section 2399(i)(3) of this title that ‘‘(i) the production unit cost of the system services. The Inspector General of the De- it is necessary to do so in order to provide by more than 10 percent over the production partment of Defense shall review each such for completion of initial operational test and unit cost estimated at the time of the waiv- waiver and shall include in the Inspector evaluation of the system and that it is im- er; and General’s semi-annual report an assessment practicable to limit the quantity of the arti- ‘‘(ii) the production period for the system of those waivers made since the last such re- cles procured to such maximum quantity. by more than 10 percent over the production port. ‘‘(6) The additional quantity of articles period estimated at the time of the waiver. ‘‘(3)(A) A contractor that has participated that may be determined for a system pursu- ‘‘(3) Paragraph (1) does not apply to acqui- in (or is participating in) the development, ant to the exception in paragraph (5)(B)(ii) sition of a naval vessel or a satellite. production, or testing of a system for the De- may not exceed the quantity equal to 5 per- ‘‘(b) CONDITION FOR PROCEEDING BEYOND partment of Defense or for another contrac- cent of the total quantity of articles of the LOW-RATE INITIAL PRODUCTION.—The Sec- tor of the Department of Defense may not be system that are to be acquired under the retary of Defense shall provide that a pro- involved in any way in the establishment of program, determined as of the date referred gram for the acquisition of a major system criteria for data collection, performance as- to in paragraph (5)(A).’’. may not proceed beyond low-rate initial pro- sessment, or evaluation activities for the (2) Subsection (b) of such section is amend- duction until initial operational test and operational test and evaluation of that sys- ed to read as follows: evaluation of the program is completed. tem. ‘‘(b) LOW-RATE INITIAL PRODUCTION OF ‘‘(c) OPERATIONAL TEST AND EVALUATION.— ‘‘(B) The limitation in subparagraph (A) WEAPON SYSTEMS.—Except as provided in (1) Operational testing of a major system does not apply to a contractor that has par- subsection (c), low-rate initial production may not be conducted until the Director of ticipated solely in testing for the Federal with respect to a new system is production Operational Test and Evaluation of the De- Government. of the system in the minimum quantity nec- partment of Defense— ‘‘(g) SOURCE OF FUNDS FOR TESTING.—The essary— ‘‘(A) approves (in writing) the adequacy of costs for all tests required under subsection ‘‘(1) to establish an initial production base the plans for operational test and evaluation (b) shall be paid from funds available for the with the capacity to provide production-con- of the system, including the adequacy of the system being tested. figured or representative articles for oper- plans with regard to— ‘‘(h) DIRECTOR’S ANNUAL REPORT.—As part ational tests pursuant to section 2399 of this ‘‘(i) the projected level of funding; and of the annual report of the Director under title; and ‘‘(ii) demonstration of the matters set section 139 of this title, the Director shall ‘‘(2) to maintain such production base until forth in clauses (i), (ii), and (iii) of sub- describe for each program covered in the re- initial operational test and evaluation of the section (a)(1)(A); and port the status of test and evaluation activi- system is completed and a decision is made ‘‘(B) determines the quantity of articles of ties in comparison with the test and evalua- regarding whether to proceed into full-rate the system that are needed for operational tion master plan for that program, as ap- production.’’. testing. proved by the Director. The Director shall (c) DUTIES AND AUTHORITY OF DIRECTOR OF ‘‘(2) The Director shall analyze the results include in such annual report a description OPERATIONAL TEST AND EVALUATION.—Sec- of the operational test and evaluation of of each waiver granted under subsection tion 139(c) of title 10, United States Code, is each major system. At the conclusion of (f)(2) since the last such report. amended by striking out the first sentence such testing, the Director shall determine ‘‘(i) DEFINITIONS.—In this section: and inserting in lieu thereof the following: whether— ‘‘(1) The term ‘major system’ has the ‘‘The Director reports directly, without in- ‘‘(A) the test and evaluation performed meaning given that term in section 2302(5) of tervening review or approval, to the Sec- were adequate; and this title. retary of Defense personally.’’. S 4812 CONGRESSIONAL RECORD — SENATE March 29, 1995

(d) EFFECTIVE DATE AND SAVINGS PROVI- ‘‘(b) PROCUREMENT FROM CERTIFIED CON- SEC. 126. ENCOURAGEMENT OF USE OF LEASING SION.—(1) The amendments made by this sec- TRACTORS.—The head of an agency within the AUTHORITY. tion shall take effect on the date of the en- Department of Defense may enter into a con- (a) IN GENERAL.—Chapter 137 of title 10, actment of this Act. tract for a procurement of property or serv- United States Code, is amended by inserting (2) The amendments made by subsections ices referred to in subsection (a) on the basis after section 2316 the following new section: (a), (b), and (c) shall apply with respect to of a competition among contractors certified ‘‘§ 2317. Equipment leasing programs for the acquisition of systems that, with respect to such property or services ‘‘The Secretary of Defense shall authorize as of the date of the enactment of this Act, pursuant to that subsection. and encourage the use of leasing in the ac- are scheduled to enter low-rate initial pro- ‘‘(c) TERMINATION OF CERTIFICATION.—The quisition of equipment whenever such leas- duction on or after October 1, 1996. Secretary— ing is practicable and otherwise authorized (3) The provisions of sections 2399 and 2400 ‘‘(1) may provide for the termination of a by law.’’. of title 10, United States Code, as in effect on certification awarded a contractor under this (b) REPORT.—Not later than 90 days after the day before the date of the enactment of section upon the expiration of a period speci- the the date of the enactment of this Act, this Act, shall continue to apply after that fied by the Secretary; and the Secretary of Defense shall submit to date to programs for the acquisition of major ‘‘(2) may revoke a certification awarded a Congress a report setting forth changes in systems that enter or, as of the date of the contractor under this section upon a deter- legislation that would be required in order to enactment of this Act, are scheduled to enter mination that the quality of performance of facilitate the use of leases by the Depart- low-rate initial production before October 1, ment of Defense in the acquisition of equip- 1996. the contractor does not meet standards ap- plied by the Secretary as of the time of the ment, including the use of multiyear leases. SEC. 114. ACQUISITION OF INFORMATION TECH- NOLOGY. revocation decision.’’. Subtitle D—Performance Based Contract Management The Secretary of Defense shall revise the SEC. 124. CONSIDERATION OF PAST PERFORM- existing Department of Defense directives ANCE AND ELIGIBILITY CERTIFI- SEC. 131. UNALLOWABLE COSTS. regarding development and procurement of CATION. (a) SPECIFIC COSTS.—Section 2324(e)(1) of information systems (numbered in the 8000 Section 2305 of title 10, United States Code, title 10, United States Code, is amended by series) and the Department of Defense direc- is amended— adding at the end the following: tives numbered in the 5000 series in order to (1) in subsection (a)(2)(A)(i)— ‘‘(P) Labor costs in excess of the labor consolidate those directives into one series (A) by striking out ‘‘(including price)’’ and costs provided for in the offer of the contrac- of directives that is consistent with the sim- inserting in lieu thereof ‘‘(including price, tor. plified acquisition program cycle provided past contract performance of the offeror, and ‘‘(Q) Bid protest costs.’’. (b) EFFECTIVE DATE.—The amendment for in section 2221 of title 10, United States any certification of the offeror under section made by subsection (a) shall take effect on Code, as added by section 112. 2319a of this title)’’; and the date of the enactment of this Act and Subtitle C—Rapid Contracting (B) by striking out ‘‘and noncost-related’’ shall apply with respect to solicitations for and inserting in lieu thereof the following: SEC. 121. GOAL. offers issued under chapter 137 of title 10, (a) ESTABLISHMENT.—The Secretary of De- ‘‘past contract performance of the offeror, United States Code, on or after that date. any certification of the offeror under section fense shall establish a goal of reducing by 50 SEC. 132. ALTERNATIVES APPROACHES TO CON- percent the time necessary for the Depart- 2319a of this title, and other noncost-relat- TRACT MANAGEMENT. ment of Defense to acquire an item for the ed’’; The Secretary of Defense shall prescribe in user of that item. (2) in subsection (b)— regulations policies and procedures that en- (b) ACTION.—The Secretary shall take such (A) in paragraph (3), by striking out ‘‘and courage contract administrators of the De- action as is necessary to ensure that the De- the other price-related factors included in partment of Defense to submit to program partment of Defense achieves the goal estab- the solicitation’’ in the second sentence and managers, and program managers to con- lished under subsection (a), including actions inserting in lieu thereof ‘‘, the other price- sider, alternative approaches to contract necessary to facilitate— related factors included in the solicitation, management. A contract administrator sub- (1) the definition of the requirements for the past contract performance (if any) of the mitting an alternative approach to the pro- an acquisition; and offerors, and any certification of offerors gram manager shall include an analysis of (2) the selection of sources from among the under section 2319a of this title’’; and the costs and benefits of each alternative. offerors. (B) in paragraph (4)(B), by striking out SEC. 133. CONTRACTOR SHARE OF GAINS AND SEC. 122. AUTHORITY TO LIMIT NUMBER OF ‘‘and the other factors included in the solici- LOSSES FROM COST, SCHEDULE, OFFERORS. tation’’ in the first sentence and inserting in AND PERFORMANCE EXPERIENCE. Section 2305(b) of title 10, United States lieu thereof ‘‘, the past contract performance Chapter 137 of title 10, United States Code, Code, is amended by adding at the end the (if any) of the offerors, any certification of is amended by inserting after section 2306b following: offerors under section 2319a of this title, and the following new section: ‘‘(5) Under regulations prescribed by the the other factors included in the solicita- ‘‘§ 2306c. Contractor share of gains and losses head of an agency, a contracting officer of tion’’; from cost, schedule, and performance expe- the agency receiving more than three com- (3) in subsection (c)(1), by inserting ‘‘past rience petitive proposals for a proposed contract performance of the offerors, any certifi- may solicit best and final offers from three ‘‘The Secretary of Defense shall prescribe cation of offerors under section 2319a of this of the offerors who submitted offers within in regulations a clause, to be included in title,’’ after ‘‘(considering quality, price, de- the competitive range. Notwithstanding each cost-type contract and incentive-type livery,’’; and paragraph (4)(A)(i), the contracting officer contract, that provides a system for the con- (4) by adding at the end the following new need not first conduct discussions with all of tractor to be rewarded for contract perform- the responsible parties that submit offers subsection: ance exceeding the contract cost, schedule, within the competitive range.’’. ‘‘(g) The Secretary of Defense shall main- or performance parameters to the benefit of tain a contractor performance data base. The the United States and to be penalized for SEC. 123. PREFERENCE FOR CERTIFIED CON- Secretary shall include in the data base in- failing to adhere to cost, schedule, or per- TRACTORS. formation on the history of the performance formance parameters to the detriment of the Chapter 137 of title 10, United States Code of each contractor under Department of De- United States.’’. is amended by inserting after section 2319 the following new section: fense contracts and, for each such contract Subtitle E—Financial Management performed by the contractor, a technical SEC. 141. PHASE FUNDING OF DEFENSE ACQUISI- ‘‘§ 2319a. Contractor performance certifi- evaluation of the contractor’s performance cation system TION PROGRAMS. prepared by the acquisition program man- Chapter 131 of title 10, United States Code, ‘‘(a) CERTIFICATION AUTHORIZED.—The Sec- ager responsible for the contract. The Sec- as amended by section 112, is further amend- retary of Defense may establish a contractor retary shall make information in the data ed by adding at the end the following: certification system for the procurement of base available to acquisition program execu- ‘‘§ 2222. Funding for results oriented acquisi- particular property or services that are pro- tive officers and acquisition program man- tion program cycle cured by the Department of Defense on a re- agers of the Department of Defense and to petitive basis. Under the system, the Sec- the contractor to which the information per- ‘‘(a) PROGRAM PHASE DETAILS TO BE SUB- retary shall use competitive procedures to tains.’’. MITTED TO CONGRESS.—Before initial funding certify contractors as eligible for contracts is made available for a phase of the acquisi- to furnish such property or services. The SEC. 125. ENCOURAGEMENT OF MULTIYEAR CON- tion program cycle of an acquisition pro- Secretary shall award certifications on the TRACTING. gram for which an authorization of appro- basis of the relative efficiency and effective- Section 2306b(a) of title 10, United States priations is required by section 114 of this ness of the business practices, level of qual- Code, is amended in the matter preceding title, the Secretary of Defense shall submit ity, and demonstrated contract performance paragraph (1) by striking out ‘‘may’’ and in- to Congress information about the objectives of the responding contractors with regard to serting in lieu thereof ‘‘shall, to the maxi- and plans for the conduct of that phase and the particular property or services. mum extent possible,’’. the funding requirements for the entire March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4813

phase. The information shall identify the in- (d) ENFORCEMENT OF RESPONSIBILITY FOR (1) by striking out paragraph (1) of sub- tended user of the system to be acquired RESOLVING SYSTEM WEAKNESSES.—The Sec- section (b) and inserting in lieu thereof the under the program and shall include objec- retary of Defense may not provide any bonus following: tive, quantifiable criteria for assessing the or incentive pay to an official identified pur- ‘‘(1) must have completed a course of pro- extent to which the objectives and goals de- suant to subsection (b) as responsible for re- gram management provided for under sec- termined pursuant to section 2435 of this solving deviations until the Secretary cer- tion 1747 of this title or determined by the title are achieved. tifies to Congress that the official has re- Secretary of Defense as appropriate training ‘‘(b) FULL PHASE FUNDING.—(1) In authoriz- solved more than 90 percent of those devi- for program managers of the Department of ing appropriations for an acquisition pro- ations to be within the applicable standards Defense;’’; and gram for which an authorization of appro- developed under subsection (a). (2) by striking out paragraph (1) of sub- priations is required by section 114 of this Subtitle F—Defense Acquisition Workforce section (c) and inserting in lieu thereof the title, Congress shall provide in an Act au- following: thorizing appropriations for the Department SEC. 151. CONSIDERATION OF PAST PERFORM- ‘‘(1) must have completed a course of pro- of Defense an authorization of appropria- ANCE IN ASSIGNMENT TO ACQUISI- gram management provided for under sec- tions for a phase of the acquisition program TION POSITIONS. tion 1747 of this title or determined by the in a single amount that is sufficient for car- (a) REQUIREMENT.—Section 1701(a) of title Secretary of Defense as appropriate training rying out that phase. Each such authoriza- 10, United States Code, is amended by adding for program executive officers of the Depart- tion of appropriations shall be stated in the at the end the following: ‘‘The policies and ment of Defense;’’. procedures shall provide that education and Act as a specific item. (d) ALTERNATIVE PROPOSAL.—The Sec- ‘‘(2) In each Act making appropriations for training in acquisition matters, and past retary may submit to Congress a proposed the Department of Defense Congress shall performance of acquisition responsibilities, system of professional educational develop- specify the phase of each such acquisition are major factors in the selection of person- ment and training for the Department of De- program of the department for which an ap- nel for assignment to acquisition positions fense acquisition workforce as an alternative propriation is made and the amount of the in the Department of Defense.’’. to the system provided for in the amend- appropriation for the phase of that pro- (b) PERFORMANCE REQUIREMENTS FOR AS- ments made by this section. Any such pro- gram.’’. SIGNMENT.—(1) Section 1723(a) of title 10, posal shall be submitted not later than June United States Code, is amended by inserting 30, 1996. SEC. 142. MAXIMIZED BENEFIT FUNDING. ‘‘, including requirements relating to dem- (e) EFFECTIVE DATE.—The amendments Chapter 131 of title 10, United States Code, onstrated past performance of acquisition made by this section shall take effect on Oc- as amended by section 141, is further amend- duties,’’ in the first sentence after ‘‘experi- tober 1, 1996. ed by adding at the end the following: ence requirements’’. Subtitle G—Revision of Procurement ‘‘§ 2223. Maximized benefit funding (2) Section 1724(a)(2) of such title is amend- ed by inserting before the semicolon at the Integrity Requirements ‘‘(a) TRANSFERS AUTHORITY.—The Sec- end the following: ‘‘and have demonstrated SEC. 161. AMENDMENTS TO OFFICE OF FEDERAL retary of Defense may transfer funds from proficiency in the performance of acquisition PROCUREMENT POLICY ACT. appropriations available for a particular duties in the contracting position or posi- (a) RECUSAL.—Subsection (c) of section 27 phase of an acquisition program of the De- tions previously held’’. of the Office of Procurement Policy Act (41 partment of Defense in order to pay out of (3) Section 1735 of such title is amended— U.S.C. 423) is amended— the transferred funds the cost of incentives (A) in subsection (b)— (1) in paragraph (1)— provided program managers who have been (i) by striking out ‘‘and’’ at the end of (A) in the matter above subparagraph (A), certified by the Secretary as having achieved paragraph (2); by inserting ‘‘only’’ after ‘‘subsection (b)(1)’’; at least 90 percent of the cost, schedule, and (ii) by striking out the period at the end of and performance goals established for that phase. paragraph (3) and inserting in lieu thereof ‘‘; (B) in subparagraph (A), by inserting ‘‘(in- ‘‘(b) LIMITATIONS.—The Secretary shall and’’; and cluding the modification or extension of a prescribe in regulations— (iii) by adding at the end the following: contract)’’ after ‘‘any procurement’’; ‘‘(1) the percent of available funds that ‘‘(4) must have demonstrated proficiency in (2) by striking out paragraphs (2) and (3) may be transferred under the authority of the performance of acquisition duties.’’; and inserting in lieu thereof: subsection (a) for payment of incentives; and (B) in subsection (c)— ‘‘(2) Whenever the head of a procuring ac- ‘‘(2) a limitation that the total amount (i) by striking out ‘‘and’’ at the end of tivity approves a recusal under paragraph transferred for a phase of a program may not paragraph (2); (1), a copy of the recusal request and the ap- exceed 1⁄3 of the total amount of the cost of (ii) by striking out the period at the end of proval of the request shall be retained by such phase that is determined under the reg- paragraph (3) and inserting in lieu thereof ‘‘; such official for a period (not less than five ulations to have been saved as a result of the and’’; and years) specified in regulations prescribed in achievement of the goals for which the in- (iii) by adding at the end the following: accordance with subsection (o). centives are to be paid.’’. ‘‘(4) must have demonstrated proficiency in ‘‘(3)(A) Except as provided in subparagraph SEC. 143. IMPROVED DEPARTMENT OF DEFENSE the performance of acquisition duties.’’; (B), all recusal requests and approvals of CONTRACT PAYMENT PROCEDURES. (C) in subsection (d), by inserting before recusal requests pursuant to this subsection (a) REVIEW AND IMPROVEMENT OF PROCE- the period at the end the following: ‘‘, and shall be made available to the public on re- DURES.—The Comptroller General of the have demonstrated proficiency in the per- quest. United States shall review commercial prac- formance of acquisition duties’’; and ‘‘(B) Any part of a recusal request or an ap- tices regarding accounts payable and, consid- (D) in subsection (e), by inserting before proval of a recusal request that is exempt ering the results of the review, develop the period at the end the following: ‘‘, and from the disclosure requirements of section standards for the Secretary of Defense to use have demonstrated proficiency in the per- 552 of title 5, United States Code, under sub- for improving the contract payment proce- formance of acquisition duties’’. section (b)(1) of such section may be with- dures and financial management systems of held from disclosure to the public otherwise SEC. 152. TERMINATION OF DEFENSE ACQUISI- the Department of Defense. TION SCHOOLS. required under subparagraph (A).’’; and (b) GAO REPORT.—Not later than Septem- (3) in paragraph (4), by striking out ‘‘com- (a) CONTRACTING FOR DEFENSE ACQUISITION ber 30, 1996, the Comptroller General shall peting contractor’’ and inserting in lieu EDUCATION AND TRAINING.—Chapter 87 of title submit to Congress a report containing the 10, United States Code, is amended by adding thereof ‘‘person’’. following matters: at the end of subchapter IV the following: (b) APPLICABILITY OF CERTIFICATION RE- (1) The weaknesses in the financial man- QUIREMENT.—Subsection (e)(7)(A) of such sec- agement processes of the Department of De- ‘‘§ 1747 Professional educational development tion is amended by adding at the end the fol- fense. and training programs lowing: ‘‘However, paragraph (1)(B) does not (2) Deviations of the Department of De- ‘‘The Secretary of Defense shall provide for apply with respect to a contract for less than fense payment procedures and financial man- the acquisition of professional educational $500,000.’’. agement systems from the standards devel- development and training services for the ac- (c) RESTRICTIONS RESULTING FROM PRO- oped pursuant to subsection (a), expressed quisition workforce from commercial CUREMENT ACTIVITIES OF PROCUREMENT OFFI- quantitatively. sources and through programs provided by CIALS.—Subsection (f) of such section is (3) The officials of the Department of De- Federal Government sources for all acquisi- amended— fense who are responsible for resolving the tion personnel of all departments and agen- (1) by redesignating paragraph (3) as para- deviations. cies of the Federal Government.’’. graph (4); and (c) RESPONSIBILITIES OF THE SECRETARY.— (b) TERMINATION OF DEFENSE ACQUISITION (2) by striking out paragraphs (1) and (2) The Secretary of Defense shall take such UNIVERSITY STRUCTURE.—Section 1746 of title and inserting in lieu thereof the following: corrective actions as are necessary to resolve 10, United States Code, is repealed. ‘‘(1) No individual who, in the year prior to the deviations reported pursuant to sub- (c) EDUCATION AND TRAINING OF PROGRAM separation from service as an officer or em- section (b) to within 90 percent of the appli- MANAGERS AND PROGRAM EXECUTIVE OFFI- ployee of the Government or an officer of the cable standards developed under subsection CERS.—Section 1735 of such title is amend- uniformed services in a covered position, (a). ed— participated personally and substantially in S 4814 CONGRESSIONAL RECORD — SENATE March 29, 1995 acquisition functions related to a contract, sions in excess of $25,000’’ in the first sen- (2) Section 281 of title 18, United States subcontract, or claim of $500,000 or more tence after ‘‘its procurement officials’’; and Code. and— (2) by striking out ‘‘(e)’’ each place it ap- (3) Part A of title VI of the Department of ‘‘(A) engaged in repeated direct contact pears and inserting in each such place ‘‘(f)’’. Energy Organization Act (42 U.S.C. 7211 with the contractor or subcontractor on (e) RULES OF CONSTRUCTION.—Subsection through 7218). matters relating to such contract, sub- (n) of such section is amended to read as fol- (b) REPEAL OF SUPERSEDED LAW.—Section contract, or claim; or lows: 6001(b) of the Federal Acquisition Streamlin- ‘‘(B) exercised significant ongoing deci- ‘‘(n) RULES OF CONSTRUCTION.—Nothing in ing Act of 1994 (Public Law 103–355; 108 Stat. sionmaking responsibility with respect to this section shall be construed to— 3362; (18 U.S.C. 281 note) is repealed. the contractor or subcontractor on matters ‘‘(1) authorize the withholding of any infor- SEC. 164. IMPLEMENTATION. relating to such contract, subcontract, or mation from the Congress, any committee or (a) REGULATIONS.—Not later than 180 days claim, subcommittee thereof, a Federal agency, any after the date of the enactment of this Act, shall knowingly accept or continue employ- board of contract appeals of a Federal agen- regulations implementing the amendments ment with such contractor or subcontractor cy, the Comptroller General, or an inspector made by section 161 to section 27 of the Of- for a period of one year following the individ- general of a Federal agency; fice of Federal Procurement Policy Act (41 ual’s separation from service, except that ‘‘(2) restrict the disclosure of information U.S.C. 423), including definitions of the terms to, or receipt of information by, any person such individual may accept or continue em- used in subsection (f) of such section, shall or class of persons authorized, in accordance ployment with any division or affiliate of be issued in accordance with sections 6 and with applicable agency regulations or proce- such contractor or subcontractor that does 25 of such Act (41 U.S.C. 405 and 521) after co- dures, to receive that information; not produce the same or similar products as ordination with the Director of the Office of ‘‘(3) restrict a contractor from disclosing the entity involved in the negotiation or per- Government Ethics. its own proprietary information or the recip- formance of the contract or subcontract or (b) SAVINGS PROVISIONS.—(1) No officer, ient of information so disclosed by a contrac- the adjustment of the claim. employee, agent, representative, or consult- tor from receiving such information; or ‘‘(2) No contractor or subcontractor, or any ant of a contractor who has signed a certifi- ‘‘(4) restrict the disclosure or receipt of in- officer, employee, agent, or consultant of cation under section 27(e)(1)(B) of the Office formation relating to a Federal agency pro- such contractor or subcontractor shall of Federal Procurement Policy Act (41 U.S.C. curement that has been canceled by the 423(e)(1)(B)) before the effective date of this knowingly offer, provide, or continue any agency and that the contracting officer con- employment for another person, if such con- Act shall be required to sign a new certifi- cerned determines in writing is not likely to cation as a result of the enactment of this tractor, subcontractor, officer, employee, be resumed.’’. agent, or consultant knows or should know Act. (f) TERM TO BE DEFINED IN REGULATIONS.— that the acceptance of such employment is (2) No procurement official of a Federal Subsection (o)(2)(A) of such section is agency who has signed a certification under or would be in violation of paragraph (1). amended— ‘‘(3) The head of each Federal agency shall section 27(l) of the Office of Federal Procure- (1) by inserting ‘‘money, gratuity, or ment Policy Act (41 U.S.C. 423(l)) before the designate in writing as a ‘covered position’ other’’ before ‘‘thing of value’ ’’; and under this section each of the following posi- date of enactment of this Act shall be re- (2) by inserting before the semicolon ‘‘and quired to sign a new certification as a result tions in that agency: such other exceptions as may be adopted on ‘‘(A) The position of source selection au- of the enactment of this Act. a Governmentwide basis under section 7353 of (c) INSPECTOR GENERAL REPORTS.—Not thority, member of a source selection eval- title 5, United States Code’’. later than May 31 of each of the years 1996 uation board, or chief of a financial or tech- (g) TERMS DEFINED IN LAW.—Subsection (p) through 1999, the Inspector General of each nical evaluation team, or any other position, of such section is amended— Federal agency (or, in the case of a Federal if the officer or employee in that position is (1) in paragraph (1) by striking out agency that does not have an Inspector Gen- likely personally to exercise substantial re- ‘‘clauses (i)–(viii)’’ and inserting in lieu eral, the head of such agency) shall submit sponsibility for ongoing discretionary func- thereof ‘‘clauses (i) through (vii)’’; to Congress a report on the compliance by tions in the evaluation of proposals or the (2) in paragraph (3)— the agency during the preceding year with selection of a source for a contract in excess (A) in subparagraph (A)— the requirement for the head of the agency of $500,000. (i) by striking out clause (i); to designate covered procurement positions ‘‘(B) The position of procuring contracting (ii) by redesignating clauses (ii), (iii), (iv), under section 27(f)(3) of the Office of Federal officer, or any other position, if the officer or (v), (vi), (vii), and (viii) as clauses (i), (ii), Procurement Policy Act (as added by section employee in that position is likely person- (iii), (iv), (v), (vi), and (vii), respectively; and 161(c)). ally to exercise substantial responsibility for (iii) in clause (i) (as redesignated by ongoing discretionary functions in the nego- subclause (II) of this clause), by striking out Subtitle H—Clerical Amendments tiation of a contract in excess of $500,000 or ‘‘review and approval of a specification’’ and SEC. 171. CLERICAL AMENDMENTS TO TITLE 10. the negotiation or settlement of a claim in inserting in lieu thereof ‘‘approval or issu- (a) CHAPTER 87.—The table of sections at excess of $500,000. ance of a specification, acquisition plan, pro- the beginning of subchapter IV of chapter 87 ‘‘(C) The position of program executive of- curement request, or requisition’’; and of title 10, United States Code, is amended— ficer, program manager, or deputy program (B) in subparagraph (B), by striking out all (1) by striking out the item relating to sec- manager, or any other position, if the officer after ‘‘includes’’ and inserting in lieu thereof tion 1746; and or employee in that position is likely person- the following: ‘‘any individual acting on be- (2) by adding at the end the following new ally to exercise similar substantial respon- half of, or providing advice to, the agency item: sibility for ongoing discretionary functions with respect to any phase of the agency pro- ‘‘1747. Professional educational development in the management or administration of a curement concerned, regardless of whether and training programs.’’. contract in excess of $500,000. such individual is a consultant, expert, or (b) CHAPTER 131.—The table of sections at ‘‘(D) The position of administrative con- adviser, or an officer or employee of a con- tracting officer, the position of an officer or the beginning of chapter 131 of title 10, Unit- tractor or subcontractor (other than a com- ed States Code, is amended— employee assigned on a permanent basis to a peting contractor).’’; and Government Plant Representative’s Office, (1) by striking out the item relating to sec- (3) in paragraph (6)(A), by inserting tion 2207; and the position of auditor, a quality assurance ‘‘nonpublic’’ before ‘‘information’’. position, or any other position, if the officer (2) by adding at the end the following new or employee in that position is likely person- SEC. 162. AMENDMENTS TO TITLE 18, UNITED items: STATES CODE. ally to exercise substantial responsibility for ‘‘2221. Results oriented acquisition program ongoing discretionary functions in the on- Section 208(a) of title 18, United States cycle. site oversight of a contractor’s operations Code, is amended— ‘‘2222. Funding for results oriented acquisi- with respect to a contract in excess of (1) by inserting ‘‘(1)’’ before ‘‘Except as tion program cycle. $500,000. permitted’’; and ‘‘2223. Maximized benefit funding.’’. (2) by adding at the end the following new ‘‘(E) A position in which the incumbent is (c) CHAPTER 137.—The table of sections at paragraph: likely personally to exercise substantial re- the beginning of chapter 137 of title 10, Unit- ‘‘(2) Whoever knowingly aids, abets, coun- sponsibility for ongoing discretionary func- ed States Code, is amended— sels, commands, induces, or procures conduct tions in operational or developmental test- (1) by inserting after the item relating to prohibited by this section shall be subject to ing activities involving repeated direct con- section 2306b the following new item: tact with a contractor regarding a contract the penalties set forth in section 216 of this title.’’. ‘‘2306c. Contractor share of gains and losses in excess of $500,000.’’. from cost, schedule, and per- (d) DISCLOSURE OF PROPRIETARY OR SOURCE SEC. 163. REPEAL OF SUPERSEDED AND OBSO- formance experience.’’; SELECTION INFORMATION TO UNAUTHORIZED LETE LAWS. (2) by inserting after the item relating to PERSONS.—Subsection (l) of such section is (a) REPEAL.—The following provisions of section 2316 the following new item: amended— law are repealed: (1) by inserting ‘‘who are likely to be in- (1) Sections 2207, 2397, 2397a, 2397b, and ‘‘2317. Equipment leasing.’’; volved in contracts, modifications, or exten- 2397c of title 10, United States Code. and March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4815

(3) by inserting after the item relating to ‘‘(c) CHIEF OF ENGINEERING AND ANALYSIS.— gram shall cover the entire life cycle of the section 2319 the following new item: (1) In the Defense Research, Development, program. ‘‘2319a. Contractor performance certification and Acquisition Agency there is a Chief of ‘‘(e) USER AND OPERATOR INTERACTION.—(1) system.’’. Engineering and Analysis who shall be ap- The Chairman of the Joint Chiefs of Staff, in pointed by the Director from among the ca- (d) CHAPTER 141.—The table of sections at consultation with the Under Secretary of De- the beginning of chapter 141 of title 10, Unit- reer professional employees in the acquisi- fense for Acquisition and Technology, shall ed States Code, is amended— tion workforce of the Department of Defense. prescribe policies and procedures for the (1) by striking out the items relating to ‘‘(2) The Director shall evaluate the per- interaction of the commanders of the unified sections 2397, 2397a, 2397b, and 2397c; and formance of the Chief of Engineering and and specified combatant commands with pro- (2) by striking out the item relating to sec- Analysis. The Director may not delegate the gram executive officers regarding the initi- tion 2399 and inserting in lieu thereof the fol- performance of the evaluation responsibility. ation and conduct of weapon acquisition pro- lowing new item: ‘‘(3) The Chief of Engineering and Analysis grams. The policies and procedures shall in- ‘‘2399. Operational test and evaluation of shall be the senior technical adviser for the clude provisions for enabling such commands major systems under defense Defense Research, Development, and Acqui- to perform operational and acceptance test- acquisition programs.’’. sition Agency. ing of weapons acquired pursuant to such SEC. 172. OTHER LAWS. ‘‘§ 232. Use of agency for all research, devel- programs. ‘‘(2) The Under Secretary of Defense (a) TITLE 18.—The table of sections for opment, and acquisition activities (Comptroller), in consultation with the chapter 15 of title 18, United States Code, is ‘‘Subject to sections 3013(h), 5013(h), 8013(h) Under Secretary of Defense for Acquisition amended by striking out the item relating to of this title, the Director shall conduct the and Technology and the Secretaries of the section 281. research, development, and acquisition ac- military departments, shall prescribe poli- (b) DEPARTMENT OF ENERGY ORGANIZATION tivities of the Department of Defense, in- cies and procedures for the interaction be- ACT.—The table of contents in the first sec- cluding the activities of the research, devel- tion of the Department of Energy Organiza- opment, and engineering centers of the De- tween the commanders of the unified and tion Act (42 U.S.C. 7101 et seq.) is amended by partment of Defense. specified combatant commands and the pro- striking out the item relating to part A of gram executive officers regarding funding for title VI and the sections therein. ‘‘§ 233. Duties weapon acquisition programs. ‘‘(3) The policies and procedures prescribed TITLE II—REORGANIZATION AND REFORM ‘‘The responsibilities of the Under Sec- pursuant to this subsection shall include a OF THE DEFENSE ACQUISITION SYSTEM retary of Defense for Acquisition and Tech- nology that are to be performed by the De- system for the commanders of the unified Subtitle A—Streamlining and Improvement fense Research, Development, and Acquisi- and specified combatant command to choose of Acquisition Management tion Agency include the following: among alternatives developed by program SEC. 201. REORGANIZATION OF ACQUISITION AU- ‘‘(1) Planning, programming, and carrying executive officers for meeting acquisition re- THORITY. out the research, development, and acquisi- quirements presented by the commanders. (a) UNDER SECRETARY OF DEFENSE FOR AC- tion activities of the Department of Defense. QUISITION AND TECHNOLOGY.—Section 133(b) of ‘‘(2) Advising the Secretary of Defense and ‘‘§ 235. Program managers title 10, United States Code, is amended— the Secretaries of the military departments ‘‘(a) SELECTION AND EVALUATION.—Each (1) by redesignating paragraphs (3) and (4) regarding the preparation and integration of program manager of the Defense Research, as paragraphs (4) and (5), respectively; and the budgets for the research, development, Development, and Acquisition Agency shall (2) by striking out paragraphs (1) and (2) and acquisition activities of the Department be selected and evaluated by the Director and inserting in lieu thereof the following: of Defense. and a program executive officer and shall re- ‘‘(1) prescribing policies for research, de- ‘‘(3) Identifying and informing operational port directly to the program executive offi- velopment, and acquisition activities of the commanders regarding alternative tech- cer having primary responsibility for the Department of Defense; nology solutions to fulfill emerging require- system being acquired under the program. ‘‘(2) planning, programming, and ments. ‘‘(b) DUTIES.—A program manager is re- overseeing the research, development, and ‘‘(4) Ensuring that the acquisition plan for sponsible for the routine management of a acquisition activities of the Department of each acquisition program realistically re- research, development, and acquisition pro- Defense; flects the budget and related decisions made gram, including the obtaining of necessary ‘‘(3) assisting in the preparation and inte- for that program. logistical support and support services for gration of budgets for the research, develop- ‘‘(5) Conducting research on management that program. ment, and acquisition activities of the De- techniques as well as on individual systems. ‘‘(c) NONDUPLICATION OF FUNCTIONS.—The partment of Defense, including assisting in management functions of a program man- the planning, programming, and budgeting ‘‘§ 234. Program executive officers ager should not duplicate the management system with respect to such activities;’’. ‘‘(a) SELECTION AND EVALUATION.—The pro- functions of a program executive officer. (b) DEFENSE RESEARCH, DEVELOPMENT, AND gram executive officers of the Defense Re- ACQUISITION AGENCY.—(1) Part I of subtitle A search, Development, and Acquisition Agen- ‘‘§ 236. Functional analytical capability of title 10, United States Code, is amended by cy shall be selected and evaluated by the Di- ‘‘(a) RESPONSIBILITY OF CHIEF OF ENGINEER- inserting after chapter 9 the following new rector. ING AND ANALYSIS.—The Chief of Engineering chapter: ‘‘(b) DUTIES.—The duties of a program ex- and Analysis shall be responsible for ensur- ‘‘CHAPTER 10—DEFENSE RESEARCH, DE- ecutive officer are as follows: ing that each of the functional analytical ca- VELOPMENT, AND ACQUISITION AGEN- ‘‘(1) To manage acquisition programs as- pabilities provided to the Director, acquisi- CY signed to the program executive officer. tion program executive officers, and acquisi- ‘‘Sec. ‘‘(2) To manage related technical support tion program managers in connection with ‘‘231. Establishment. resources. acquisition programs of the Department of ‘‘232. Use of agency for all research, develop- ‘‘(3) To establish and conduct integrated Defense is the most advanced capability of ment, and acquisition activi- decision team meetings. its type. ties. ‘‘(4) To provide technological advice (in- ‘‘(b) FUNCTIONAL ANALYTICAL CAPABILI- ‘‘233. Duties. cluding advice regarding costs, schedule, and TIES.—The functional analytical capabilities ‘‘234. Program executive officers. performance data relating to alternative referred to in subsection (a) are as follows: ‘‘235. Program managers. technological approaches for fulfilling ‘‘(1) Cost and affordability analysis. ‘‘236. Functional analytical capability. emerging requirements) to users of program ‘‘(2) Logistics and support analysis. ‘‘§ 231. Establishment products and to the officials within the De- ‘‘(3) Reliability and maintainability analy- ‘‘(a) AGENCY.—There is established a De- partment of Defense who plan, program, and sis. fense Research, Development, and Acquisi- budget for the acquisition programs assigned ‘‘(4) Producibility analysis. tion Agency in the Department of Defense. to the program executive officer. ‘‘(5) Environmental analysis. ‘‘(b) DIRECTOR.—(1) The head of the agency ‘‘(c) ORGANIZATION OF PERSONNEL.—The ‘‘(6) Configuration management. is the Director of Defense Research, Develop- program executive officers shall be organized ‘‘(7) Warfighting and battlefield perform- ment, and Acquisition who shall be ap- on the basis of unique mission areas or, in ance and utility analysis. pointed by the Under Secretary of Defense the case of programs for systems specifically ‘‘(8) System engineering. for Acquisition and Technology from among relating to certain classes of targets, on the ‘‘(9) Any other analytical capability that persons who are career professional employ- basis of target classes. No program executive may be necessary for ensuring the timeli- ees in the acquisition workforce of the De- officer may be organized with other program ness, performance, and affordability of ac- partment of Defense. executive officers on both bases. The Sec- quisition programs.’’. ‘‘(2) A member of the armed forces, while retary of Defense shall identify the mission (2) The tables of chapters at the beginning serving as the Director, holds the grade of areas or target classes on the basis of which of subtitle A of title 10, United States Code, general or, in the case of an officer of the program executive officers may be organized. and at the beginning of part I of such sub- Navy, admiral. A civilian, while serving as ‘‘(d) ACQUISITION LIFE-CYCLE MANAGE- title, are amended by inserting after the the Director, holds an equivalent civilian MENT.—The responsibilities of a program ex- item relating to chapter 9 the following new grade. ecutive officer for a weapon acquisition pro- item: S 4816 CONGRESSIONAL RECORD — SENATE March 29, 1995 ‘‘10. Defense Research, Development, (4) Section 2302(1) of title 10, United States (2) To the extent prescribed by the Sec- and Acquisition Agency ...... 231’’. Code, is amended by striking out ‘‘the Sec- retary of Defense, functions referred to in (c) LIMITATION OF PROCUREMENT AUTHORITY retary of the Army, the Secretary of the paragraph (1)(B) that are performed by an or- OF MILITARY DEPARTMENTS.—(1) Section 3013 Navy, the Secretary of the Air Force,’’. ganization referred to in subsection (b) need of title 10, United States Code, is amended— (5) Section 2302c of such title is amended— not be transferred in accordance with that (A) in subsection (b)— (A) in subsection (a)(1), by striking out the subsection. (i) by striking out ‘‘and subject to the pro- second sentence; and (d) TERMINATION OF ORGANIZATION.—The visions of chapter 6 of this title,’’ and insert- (B) in subsection (b), by striking out Secretary of Defense shall terminate each ing in lieu thereof ‘‘, subject to the provi- ‘‘paragraph (5) or (6)’’ and inserting in lieu organization from which all of its functions sions of chapter 6 of this title, and subject to thereof ‘‘paragraph (2) or (3)’’. are transferred under subsection (b). subsection (h),’’; and (6) Section 2303(a) of such title is amend- SEC. 212. SAVINGS PROVISIONS. (ii) in paragraph (4), by striking out ‘‘(in- ed— (a) REGULATIONS, INSTRUMENTS, RIGHTS, cluding research and development)’’; and (A) by striking out paragraphs (2), (3), and AND PRIVILEGES.—All rules, regulations, con- (B) by adding at the end the following new (4); and tracts, orders, determinations, permits, cer- subsection: (B) by redesignating paragraphs (5) and (6) tificates, licenses, grants, and privileges— ‘‘(h)(1) The Secretary of the Army shall be as paragraphs (2) and (3), respectively. (1) which have been issued, made, granted, responsible for procurements of property and SEC. 202. JOINT FOREIGN PRODUCTS DEVELOP- or allowed to become effective by the Sec- services, and may exercise authority to con- MENT. retary or other officer or employee of a mili- duct such procurements, only to the extent Section 153 of title 10, United States Code, tary department, the head of a Defense that the Secretary of Defense determines is amended by adding at the end the follow- Agency of the Department of Defense, or by necessary for the sustainment of operations ing new subsection: a court of competent jurisdiction, in connec- of the Army. The Secretary of Defense shall ‘‘(c) RECOMMENDATIONS FOR JOINT DEVELOP- tion with any research, development, or ac- prescribe in regulations the extent of the re- MENT OF FOREIGN PRODUCTS.—The Chairman quisition activity of a military department sponsibility and authority of the Secretary of the Joint Chiefs of Staff, in consultation or Defense Agency, and of the Army for procurements of property with the commanders of the unified and (2) which are in effect on the effective date and services. specified combatant commands, shall make of this title, ‘‘(2) In conducting a procurement in ac- recommendations to the Under Secretary of shall continue in effect according to their cordance with paragraph (1), the Secretary of Defense for Acquisition and Technology re- terms until modified, terminated, super- the Army shall be subject to the same laws garding the desirability of joint development seded, set aside, or revoked in accordance as are applicable to acquisitions conducted by the United States and one or more foreign with law by the Secretary of Defense, the by the Secretary of Defense.’’. countries of systems proposed to be devel- Under Secretary of Defense for Acquisition (2) Section 5013 of title 10, United States oped, or under development, by such foreign and Technology, or another authorized offi- Code, is amended— country or foreign countries.’’. cial, by a court of competent jurisdiction, or (A) in subsection (b)— Subtitle B—Transfer of Functions by operation of law. (b) PROCEEDINGS AND APPLICATIONS.—(1)(A) (i) by striking out ‘‘and subject to the pro- SEC. 211. TRANSFERS. visions of chapter 6 of this title,’’ and insert- The provisions of this subtitle shall not af- (a) MILITARY DEPARTMENTS.—Except as ing in lieu thereof ‘‘, subject to the provi- fect any proceeding, including any proceed- provided in subsection (c), all research, de- ing involving a claim or application, in con- sions of chapter 6 of this title, and subject to velopment, and acquisition functions of the subsection (h),’’; and nection with any acquisition activity of a Secretaries of the military departments are military department or a Defense Agency of (ii) in paragraph (4), by striking out ‘‘(in- transferred to the Secretary of Defense. cluding research and development)’’; and the Department of Defense that is pending (b) PROCUREMENT AGENCIES, COMMANDS, (B) by adding at the end the following new before that military department or Defense AND OFFICES.—Except as provided in sub- subsection: Agency on the effective date of this title. section (c), there is transferred to the De- (B) Orders may be issued in any such pro- ‘‘(h)(1) The Secretary of the Navy shall be fense Research, Development, and Acquisi- responsible for procurements of property and ceeding, appeals may be taken therefrom, tion Agency referred to in section 231(a) of and payments may be made pursuant to such services, and may exercise authority to con- title 10, United States Code (as added by sec- duct such procurements, only to the extent orders, as if this Act had not been enacted. tion 201), all functions of the following orga- An order issued in any such proceeding shall that the Secretary of Defense determines nizations: necessary for the sustainment of operations continue in effect until modified, termi- (1) The Defense Logistics Agency. nated, superseded, or revoked by the Sec- of the Navy. The Secretary of Defense shall (2) The Advanced Research Projects Agen- prescribe in regulations the extent of the re- retary of Defense or the Under Secretary of cy. Defense for Acquisition and Technology, by a sponsibility and authority of the Secretary (3) The following procurement commands of the Navy for procurements of property court of competent jurisdiction, or by oper- of the Army: ation of law. and services. (A) The Army Materiel Command. ‘‘(2) In conducting a procurement in ac- (C) Nothing in this paragraph prohibits the (B) The Army Information Systems Com- discontinuance or modification of any such cordance with paragraph (1), the Secretary of mand. the Navy shall be subject to the same laws as proceeding under the same terms and condi- (C) The Army Space and Strategic Defense tions and to the same extent that such pro- are applicable to acquisitions conducted by Command. ceeding could have been discontinued or the Secretary of Defense.’’. (4) The following procurement commands modified if this Act had not been enacted. (3) Section 8013 of title 10, United States of the Navy and Marine Corps: (2) The Secretary of Defense may prescribe Code, is amended— (A) The Navy weapon systems commands. regulations providing for the orderly trans- (A) in subsection (b)— (B) The Navy Strategic Systems Program fer of proceedings continued under paragraph (i) by striking out ‘‘and subject to the pro- Office. (1) to the Secretary of Defense or to the visions of chapter 6 of this title,’’ and insert- (C) The Marine Corps Research, Develop- Under Secretary of Defense for Acquisition ing in lieu thereof ‘‘, subject to the provi- ment and Acquisition Command. and Technology. sions of chapter 6 of this title, and subject to (5) The Air Force Materiel Command. subsection (h),’’; and (6) Any successor organization to any Subtitle C—Conforming Amendments (ii) in paragraph (4), by striking out ‘‘(in- agency, command, or office named in para- SEC. 221. MODIFICATION OF THE RESPONSIBIL- cluding research and development)’’; and graphs (1) through (5). ITY OF THE UNDER SECRETARY OF (B) by adding at the end the following new (7) Each agency or command within the DEFENSE (COMPTROLLER) FOR DE- subsection: Department of Defense not referred to in FENSE ACQUISITION BUDGETS. ‘‘(h)(1) The Secretary of the Air Force shall paragraphs (1) through (6) that, on the day Section 135(c) of title 10, United States be responsible for procurements of property before the effective date of this title, has as Code, is amended in each of paragraphs (2), and services, and may exercise authority to a primary mission or function the perform- (3), and (4), by inserting after the paragraph conduct such procurements, only to the ex- ance of a research, development, or acquisi- designation the following: ‘‘subject to sec- tent that the Secretary of Defense deter- tion function of the Department of Defense. tion 133(b) of this title,’’. mines necessary for the sustainment of oper- (c) FUNCTIONS NOT TRANSFERRED.—(1) The SEC. 222. THE DEFENSE ACQUISITION WORK ations of the Air Force. The Secretary of De- following functions of the Secretaries of the FORCE. fense shall prescribe in regulations the ex- military departments are not transferred to (a) GENERAL AUTHORITIES AND RESPONSIBIL- tent of the responsibility and authority of the Secretary of Defense: ITIES.—(1)(A) Sections 1704, 1705, and 1707 of the Secretary of the Air Force for procure- (A) Functions that relate to planning, pro- title 10, United States Code, are repealed. ments of property and services. gramming, and budgeting. (B) The table of sections at the beginning ‘‘(2) In conducting a procurement in ac- (B) Functions to be performed by the Sec- of subchapter I of chapter 87 of such title is cordance with paragraph (1), the Secretary of retary of a military department pursuant to amended by striking out the items relating the Air Force shall be subject to the same section 3013(h), 5013(h), or 8013(h) of title 10, to sections 1704 through 1707 and inserting in laws as are applicable to acquisitions con- United States Code, as added by section lieu thereof the following: ducted by the Secretary of Defense.’’. 201(c). ‘‘1704. Acquisition career program boards.’’. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4817

(2) Section 1706 of title 10, United States and inserting in lieu thereof ‘‘Secretary of ‘‘(c) PROGRAMS.—The Under Secretary Code, is amended— Defense, acting through the Under Secretary shall establish and implement the education (A) in subsection (a), by striking out ‘‘an of Defense for Acquisition and Technology,’’; and training programs authorized by this Acquisition Corps’’ in the first sentence and (B) in subsection (b)(1), by striking out subchapter.’’. inserting in lieu thereof ‘‘the Acquisition ‘‘major milestone’’ and inserting in lieu (2) Section 1742 of such title is amended by Corps’’; thereof ‘‘phase of the program cycle’’; striking out ‘‘require that each military de- (B) in the section heading by striking out (C) by striking out subsection (c); partment’’. ‘‘§ 1706’’ and inserting in lieu thereof (D) in subsection (d), by striking out para- (3) Section 1743 of such title is amended in ‘‘§ 1704’’; graphs (2) and (3) and inserting in lieu there- the first sentence by striking out ‘‘require (C) by striking out subsection (a) and in- of the following: that the Secretary of each military depart- serting in lieu thereof the following: ‘‘(2) The authority to grant waivers may be ment’’. ‘‘(a) ESTABLISHMENT.—The Under Sec- delegated by the Under Secretary only to the (e) GENERAL MANAGEMENT.—(1) Section retary of Defense for Acquisition and Tech- Director of Acquisition, Education, Training, nology shall establish an acquisition career and Career Development. 1761(a) of title 10, United States Code, is program board to advise the Under Secretary ‘‘(3) With respect to each waiver granted amended by striking out ‘‘prescribe regula- in managing the accession, training, edu- under this subsection, the Under Secretary tions to ensure that the military depart- cation, and career development of military shall set forth in a written document the ra- ments and Defense Agencies’’. and civilian personnel in the acquisition tionale for the decision to grant the waiver. (2) Section 1762(c) of such title is amend- workforce and in selecting individuals for The Director of Acquisition, Education, ed— the Acquisition Corps under section 1731 of Training, and Career Development shall (A) by striking out the parenthetical mate- this title.’’; maintain all such documents.’’; rial in the matter above paragraph (1); (C) in subsection (b)— (E) in subsection (e)— (B) in paragraph (4), by striking out ‘‘an (i) in the first sentence, by striking out (i) in the first sentence of paragraph (1)— acquisition corps’’ in subparagraphs (A) and ‘‘Each’’ and inserting in lieu thereof ‘‘The’’; (I) by striking out ‘‘an Acquisition Corps’’ (B) and inserting in lieu thereof ‘‘the Acqui- and in the first sentence and inserting in lieu sition Corps’’; and (ii) in the second sentence, by striking out thereof ‘‘the Acquisition Corps’’; and (C) in paragraph (14), by striking out ‘‘and ‘‘service acquisition executive’’ and insert- (II) by striking out ‘‘major program mile- the performance of each military depart- ing in lieu thereof ‘‘Under Secretary’’; and stone’’ and inserting in lieu thereof ‘‘phase ment’’. (D) in subsection (c)— of the program cycle’’; and (3) Section 1763 of such title is amended by (i) by striking out ‘‘Secretary of a military (ii) in paragraph (2), by striking out ‘‘of striking out the second sentence. department’’ and inserting in lieu thereof the department concerned’’ in the first sen- ‘‘Under Secretary’’; and tence; SEC. 223. PROCUREMENT PROCEDURES GEN- (ii) by striking out ‘‘in the department’’. (F) by striking out subsections (g) and (h) ERALLY. (b) DEFENSE ACQUISITION POSITIONS.—(1) and inserting in lieu thereof the following: Chapter 137 of title 10, United States Code, Section 1722 of title 10, United States Code, ‘‘(g) ASSIGNMENTS.—Subject to the author- is amended as follows: is amended— ity, direction, and control of the Secretary, (1) Section 2305(d) is amended— (A) in subsection (g), by striking out ‘‘Sec- the Under Secretary shall make the assign- (A) in the first sentence of paragraph retary of each military department, acting ments of civilian and military members of (1)(A), by striking out ‘‘shall ensure that,’’ through the service acquisition executive for the Acquisition Corps to critical acquisition and all that follows through ‘‘the head of an that department,’’ and inserting in lieu positions.’’; agency’’ and inserting in lieu thereof ‘‘, in thereof ‘‘Secretary of Defense’’; and (G) by striking out ‘‘concerned’’ in— preparing a solicitation for the award of a (B) in subsection (h), by striking out ‘‘or (i) the second sentence of subsection (a)(1); development contract for a major system, the Secretary of a military department (as (ii) the second sentence of subsection shall’’; applicable)’’. (a)(2); (B) in the first sentence of paragraph (2) Section 1724(d) of such title is amended (iii) the sentence following subparagraph in the first sentence— (B) in subsection (b)(1); (2)(A), by striking out ‘‘shall ensure that,’’ (A) by striking out ‘‘a military depart- (iv) the second sentence of subsection and all that follows through ‘‘the head of an ment’’ and inserting in lieu thereof ‘‘the De- (b)(2); and agency’’ and inserting in lieu thereof ‘‘, in partment of Defense’’; and (v) subsection (d)(1); and preparing a solicitation for the award of a (B) by striking out ‘‘of that military de- (H) by redesignating subsections (d), (e), production contract for a major system, partment’’. (f), (g), and (h) as subsections (c), (d), (e), (f), shall’’; (c) ACQUISITION CORPS.—(1) Section 1731 of and (g), respectively. (C) by striking out ‘‘the head of the agen- title 10, United States Code, is amended— (5) Section 1737 of title 10, United States cy’’ each place it appears and inserting in (A) by striking out subsection (a) and in- Code, is amended— lieu thereof ‘‘the Secretary’’; and serting in lieu thereof the following: (A) in subsection (a)— (D) by striking out ‘‘the head of an agen- ‘‘(a) ACQUISITION CORPS.—The Secretary of (i) in paragraph (1), by striking out ‘‘an Ac- cy’’ each place it appears and inserting in Defense shall establish a Department of De- quisition Corps’’ and inserting in lieu thereof lieu thereof ‘‘the Secretary of Defense’’. fense Acquisition Corps.’’; and ‘‘the Acquisition Corps’’; and (2) Section 2306b is amended— (B) in subsection (b), by striking out ‘‘an (ii) in paragraph (5), by striking out ‘‘, or (A) in subsection (b)(1), by striking out Acquisition Corps’’ and inserting in lieu a principal deputy to a director of contract- ‘‘for the agency or agencies under the juris- thereof ‘‘the Acquisition Corps’’. ing’’ and all that follows through ‘‘Depart- diction of such official’’; and (2) Section 1732 of such title is amended— ment of Defense’’ and inserting in lieu there- (B) in subsection (j), by striking out ‘‘in- (A) in subsection (a), by striking out ‘‘an of ‘‘or a principal deputy to a director of con- struct the Secretary of the military depart- Acquisition Corps’’ in the first sentence and tracting’’; and ment concerned to’’. inserting in lieu thereof ‘‘the Acquisition (B) by striking out subsection (c) and in- (3) Section 2307 is amended— Corps’’; serting in lieu thereof the following: (A) in subsection (g), by striking out ‘‘Sec- (B) in subsection (b)— ‘‘(c) WAIVER.—(1) The Secretary of Defense retary of the Navy’’ each place it appears (i) in paragraph (2)(A)(ii), by striking out may waive, on a case-by-case basis, the re- and inserting in lieu thereof ‘‘Secretary of ‘‘of the employing military department’’; quirements established under this sub- Defense’’; and and chapter with respect to the assignment of an (B) in subsection (h)(7), by striking out the (ii) in paragraph (4), by striking out ‘‘or individual to a particular critical acquisition second sentence. the Secretary of the military department position. Such a waiver may be granted only concerned’’; and if unusual circumstances justify the waiver (4) Section 2311 is amended in subsection (C) in subsection (d)— or if the Secretary determines that the indi- (a)— (i) by striking out ‘‘of a military depart- vidual’s qualifications obviate the need for (A) by inserting ‘‘(1)’’ after ‘‘IN GEN- ment’’ in the first sentence of paragraph (1) meeting the education, training, and experi- ERAL.—’’; and and in paragraph (2); and ence requirements established under this (B) by adding at the end the following new (ii) by striking out ‘‘of that military de- subchapter. paragraph: partment’’ in the first sentence of paragraph ‘‘(2) The Secretary shall act through the ‘‘(2) The Secretary of Defense may delegate (1). Under Secretary of Defense for Acquisition any authority of the Secretary under this (3) Section 1733(a) of such title is amended and Technology in exercising the authority chapter only to— by striking out ‘‘an Acquisition Corps’’ and provided in paragraph (1). The authority to ‘‘(A) the Deputy Secretary of Defense, who inserting in lieu thereof ‘‘the Acquisition grant waivers under this subsection may be may successively delegate such authority Corps’’. delegated by the Under Secretary only to the only to the Under Secretary of Defense for (4) Section 1734 of such title is amended— Director of Acquisition Education, Training, Acquisition and Technology; (A) in subsection (a)(1), by striking out and Career Development.’’. ‘‘(B) the Under Secretary of Defense for ‘‘Secretary of each military department, act- (d) EDUCATION AND TRAINING.—(1) Section Acquisition and Technology; or ing through the service acquisition executive 1741(c) of title 10, United States Code, is ‘‘(C) any acquisition program executive of- for that department,’’ in the first sentence amended to read as follows: ficer or acquisition program manager of the S 4818 CONGRESSIONAL RECORD — SENATE March 29, 1995 Defense Research, Development, and Acqui- (ii) by striking out ‘‘such head of an agen- ‘‘(1) the Secretary of Defense submits to sition Agency.’’. cy’’ each place it appears and inserting in Congress a report with respect to such center (5) Section 2318(a) is amended by striking lieu thereof ‘‘the Secretary’’; that describes the purpose, mission, and gen- out ‘‘Defense Logistics Agency’’ each place it (D) in subsection (c)(2), by striking out eral scope of effort of the center; and appears and inserting in lieu thereof ‘‘De- ‘‘Upon the request of the head of an agency, ‘‘(2) 60 days elapse after the date on which fense Research, Development, and Acquisi- the’’ and inserting in lieu thereof ‘‘The’’; and such report is received by Congress.’’. tion Agency’’. (E) in subsection (d)— (7) Section 2371 is amended— (6) Section 2320(b) is amended— (i) by striking out ‘‘(1)’’; and (A) in subsection (a), by striking out ‘‘and (A) in the matter above paragraph (1), by (ii) by striking out paragraph (2). the Secretary of each military department;’’; striking out ‘‘an agency named in section SEC. 224. RESEARCH AND DEVELOPMENT. and 2303 of this title’’ and inserting in lieu there- Chapter 139 of title 10, United States Code, (B) by striking out subsection (b); of ‘‘the Department of Defense’’; and is amended as follows: (C) in subsection (f), by striking out (B) in paragraph (9), by striking out ‘‘the (1) Section 2352(a) is amended in the mat- ‘‘There is hereby established on the books of head of the agency to withhold’’ and insert- ter above paragraph (1)— the Treasury separate accounts for each of ing in lieu thereof ‘‘the withholding of’’. (A) by striking out ‘‘The Secretary of a the military departments and the Advanced (7) Section 2323(e)(1)(A)(iii) is amended by military department’’ and inserting in lieu Research Projects Agency’’ and inserting in striking out ‘‘military departments, Defense thereof ‘‘The Secretary of Defense’’; and lieu thereof the following: ‘‘The Secretary of Agencies,’’ and inserting in lieu thereof ‘‘De- (B) by striking out ‘‘that military depart- the Treasury, after consultation with the partment of Defense’’. ment’’ and inserting in lieu thereof ‘‘the De- Secretary of Defense, shall establish on the (8) Section 2324 is amended— partment of Defense’’. (A) in subsection (e)(3)(A), by striking out (2) Section 2353 is amended— books of the Treasury one or more separate the matter above clause (i) and inserting in (A) in the first sentence of subsection (a)— accounts for the Department of Defense’’; lieu thereof the following: (i) by striking out ‘‘contract of a military and ‘‘(A) Pursuant to regulations prescribed by department’’ and inserting in lieu thereof (D) in subsection (i), by striking out ‘‘in the Secretary of Defense and subject to the ‘‘Department of Defense contract’’; and carrying out advanced research projects availability of appropriations, the Secretary (ii) by striking out ‘‘the Secretary of the through the Advanced Research Projects may waive the application of the provisions military department concerned’’ and insert- Agency, and the Secretary of each military of subparagraphs (M) and (N) of paragraph (1) ing in lieu thereof ‘‘the Secretary of De- department,’’. to a covered contract (other than a contract fense’’; and (8) Section 2373(a) is amended— to which paragraph (2) applies) if the Sec- (B) in subsection (b)(3), by striking out (A) by striking out ‘‘and the Secretaries of retary determines that—’’; ‘‘the Secretary concerned’’ and inserting in the military departments may each’’ and in- (B) in subsection (h)(2), by striking out ‘‘or lieu thereof ‘‘the Secretary of Defense’’. serting in lieu thereof ‘‘may’’; and the Secretary of the military department (3) Section 2354 is amended— (B) by striking out ‘‘or the Secretary con- concerned’’; (A) in subsection (a), by striking out ‘‘the cerned’’. (C) in subsection (k)(4)— Secretary of the military department con- (i) by striking out ‘‘or Secretary of the cerned, any contract of a military depart- SEC. 225. MISCELLANEOUS PROCUREMENT PRO- military department concerned’’; ment’’ and inserting in lieu thereof ‘‘the Sec- VISIONS. (ii) by striking out ‘‘or Secretary deter- retary of Defense, any contract of the De- (a) CHAPTER 141.—Chapter 141 of title 10, mines’’ and inserting in lieu thereof ‘‘deter- partment of Defense’’; United States Code, is amended as follows: mines’’; and (B) in subsection (c)— (1) Section 2381(b) is amended— (iii) by striking out ‘‘or military depart- (i) by striking out ‘‘the Secretary of the (A) in the matter above paragraph (1), by ment’’; and department concerned’’ and inserting in lieu striking out ‘‘the Secretary concerned’’ and (D) by striking out subsection (l) and in- thereof ‘‘the Secretary of Defense’’; and inserting in lieu thereof ‘‘the Secretary of serting in lieu thereof the following: (ii) by striking out ‘‘of his department’’; Defense’’; and ‘‘(l) COVERED CONTRACT DEFINED.—(1) In and (B) in paragraph (2), by striking out ‘‘mili- this section, the term ‘covered contract’ (C) in subsection (d), by striking out ‘‘the tary department concerned’’ and inserting in means a contract for an amount in excess of Secretary concerned’’ and inserting in lieu lieu thereof ‘‘Department of Defense’’. $500,000 that is entered into by the head of an thereof ‘‘the Secretary of Defense’’. (2) Section 2385 is amended by striking out agency, except that such term does not in- (4) Section 2356(a) is amended to read as ‘‘a military department’’ and inserting in clude a fixed-price contract without cost in- follows: lieu thereof ‘‘the Department of Defense’’. centives or any firm fixed-price contract for ‘‘(a)(1) Except as provided in paragraph (2), (3) Section 2386 is amended by striking out the purchase of commercial items. the Secretary of Defense may delegate any ‘‘a military department’’ and inserting in (9) Section 2326 is amended— authority under section 1584, 2353, 2354, or lieu thereof ‘‘the Department of Defense’’. ‘‘(2) Effective on October 1 of each year 2358 of this title to— (4) Section 2388(a) is amended by striking that is divisible by five, the amount set forth ‘‘(A) the Deputy Secretary of Defense, who out ‘‘and the Secretary of a military depart- in paragraph (1) shall be adjusted to the may successively delegate such authority ment may each’’ and inserting in lieu thereof equivalent amount in constant fiscal year only to the Under Secretary of Defense for ‘‘may’’. 1994 dollars. An amount, as so adjusted, that Acquisition and Technology; (5) Section 2393 is amended— is not evenly divisible by $50,000 shall be ‘‘(B) the Under Secretary of Defense for (A) in subsection (a)— rounded to the nearest multiple of $50,000. In Acquisition and Technology; or (i) by striking out ‘‘the Secretary of a mili- the case of an amount that is evenly divis- ‘‘(C) any employee of the Defense Re- tary department’’ in paragraph (1) and in- ible by $25,000 but is not evenly divisible by search, Development, and Acquisition Agen- $50,000, the amount shall be rounded to the serting in lieu thereof ‘‘the Secretary of De- cy. fense’’; and next higher multiple of $50,000.’’. ‘‘(2) The authority of the Secretary under (ii) by striking out ‘‘the Secretary con- (A) by striking out ‘‘head of an agency’’ section 2353(b)(3) of this title may not be del- cerned’’ in paragraph (2) and inserting in lieu each place it appears and inserting in lieu egated to a person described in paragraph thereof ‘‘the Secretary of Defense’’; and thereof ‘‘Secretary of Defense’’; (1)(C).’’. (B) in subsection (b), by striking out ‘‘the (B) by striking out ‘‘head of the agency’’ (5) Section 2358 is amended— each place it appears and inserting in lieu (A) by striking out ‘‘or the Secretary of a Secretary concerned’’ and inserting in lieu thereof ‘‘Secretary of Defense’’; military department’’ in subsections (a) and thereof ‘‘the Secretary of Defense’’. (C) in subsection (a), by striking out ‘‘mili- (b); (6) Section 2394 is amended— tary department concerned’’ and inserting in (B) in subsection (a)(1), by striking out (A) in subsection (a), by striking out ‘‘the lieu thereof ‘‘Department of Defense’’; and ‘‘such Secretary’s department’’ and inserting Secretary of a military department’’ and in- (D) in subsection (b)(4), by striking out ‘‘of in lieu thereof ‘‘the Department of Defense’’; serting in lieu thereof ‘‘the Secretary of De- that agency if such’’ and inserting in lieu and fense’’; thereof ‘‘of the Department of Defense if (C) in subsection (c)— (B) by striking out subsection (b); and the’’. (i) by striking out ‘‘or the Secretary of (C) by redesignating subsection (c) as sub- (10) Section 2327 is amended— that military department, respectively,’’; section (b). (A) in subsection (a), by striking out ‘‘The and (7) Section 2394a is amended— head of an agency’’ and inserting in lieu (ii) by striking out ‘‘or to such military de- (A) in subsection (a)— thereof ‘‘The Secretary of Defense’’; partment, respectively’’. (i) by striking out ‘‘Secretary of a military (B) in subsection (b), by striking out ‘‘the (6) Section 2367(c) is amended to read as department’’ and inserting in lieu thereof head of an agency’’ and inserting in lieu follows: ‘‘Secretary of Defense’’; and thereof ‘‘the Secretary of Defense’’; ‘‘(c) Funds appropriated to the Department (ii) by striking out ‘‘military department (C) in subsection (c)(1)— of Defense may not be obligated or expended under his jurisdiction’’ and inserting in lieu (i) by striking out ‘‘the head of an agency’’ for purposes of operating a federally funded thereof ‘‘Department of Defense’’; and each place it appears and inserting in lieu research center that was not in existence be- (B) in subsection (b), by striking out the thereof ‘‘the Secretary’’; and fore June 2, 1986, until— second sentence. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4819 (8) Section 2401(a) is amended by striking (ii) in paragraph (3), by striking out ‘‘If, of the Department of Defense, the reference out ‘‘The Secretary of a military depart- based upon the service acquisition execu- to that official shall be deemed to refer to ment’’ both places it appears and inserting tive’s determination, the Secretary con- the Secretary of Defense. That function shall in lieu thereof ‘‘The Secretary of Defense’’. cerned’’ and inserting in lieu thereof ‘‘If the be performed as provided in section 133(b) of (9) Section 2104a is amended by striking Under Secretary of Defense for Acquisition title 10, United States Code (as amended by out ‘‘or the Secretary of a military depart- and Technology’’; and section 201(a)), and section 232 of such title ment’’. (D) in subsection (e)— (as added by section 201(b)). (i) in paragraph (1)(A), by striking out (10) Section 2403 is amended— Subtitle D—Effective Date (A) in subsection (a), by striking out para- ‘‘Secretary concerned’’ and inserting in lieu graph (8); thereof ‘‘Under Secretary of Defense for Ac- SEC. 231. EFFECTIVE DATE. (B) in subsection (b), by striking out ‘‘the quisition and Technology’’; This title and the amendments made by head of an agency’’ in the matter above para- (ii) in paragraph (1)(B), by striking out this title shall take effect on the date that is graph (1) and inserting in lieu thereof ‘‘the ‘‘Secretary’’ both places it appears and in- one year after the date of the enactment of Secretary of Defense’’; serting in lieu thereof ‘‘Under Secretary’’; this Act. (iii) in paragraph (2), by striking out ‘‘(as (C) in subsections (c), (f), and (g), by strik- TITLE III—DEPOT-LEVEL MAINTENANCE ing out ‘‘head of the agency concerned’’ each determined by the Secretary’’ in the matter place it appears and inserting in lieu thereof above subparagraph (A) and inserting in lieu SEC. 301. ELIMINATION OF 60 / 40 RULE FOR PUB- ‘‘Secretary of Defense’’; thereof ‘‘(as determined by the Under Sec- LIC / PRIVATE DIVISION OF DEPOT- LEVEL MAINTENANCE WORKLOAD. (D) in subsection (d)— retary’’; and (a) ELIMINATION OF RULE.—Section 2466 of (i) by inserting ‘‘(1)’’ after the subsection (iv) in paragraph (3), by striking out ‘‘by title 10, United States Code, is amended— designation; the Secretary’’ both places it appears in the (1) by striking out subsections (a), (c), (d), (ii) by redesignating paragraphs (1) and (2) first sentence and inserting in lieu thereof and (e); and as subparagraphs (A) and (B), respectively; ‘‘by the Under Secretary’’. (2) by striking out ‘‘(b) PROHIBITION ON (iii) by striking out the second sentence; (3) Section 2434(b)(1)(A) is amended by MANAGEMENT BY END STRENGTH.—’’. and striking out ‘‘under the supervision,’’ and all (b) CONFORMING AMENDMENTS.—(1) The (iv) by adding at the end the following new that follows and inserting in lieu thereof ‘‘in heading of such section is amended to read paragraph: the Department of Defense.’’. as follows: ‘‘(2) The Secretary may delegate authority (4) Section 2435 is amended— under this subsection only to the Under Sec- (A) in subsection (a)(1), by striking out ‘‘§ 2466. Civilian employees involved in depot- retary of Defense for Acquisition and Tech- ‘‘Secretary of a military department’’ and level maintenance and repair of materiel: nology.’’; and inserting in lieu thereof ‘‘Under Secretary of prohibition on management by end (E) in subsection (h), by striking out para- Defense for Acquisition and Technology’’; strength’’. graph (3). and (B) in subsection (d)(2), by striking out (2) The item relating to such section in the (11) Section 2405(a) is amended by striking table of sections at the beginning of chapter out ‘‘The Secretary of a military depart- ‘‘the Secretary of the military department concerned and’’. 146 of such title is amended to read as fol- ment’’ and inserting in lieu thereof ‘‘The lows: Secretary of Defense.’’ SEC. 227. SERVICE SPECIFIC ACQUISITION AU- THORITY. (12) Section 2410c(a) of title 10, United ‘‘2466. Civilian employees involved in depot- (a) ARMY.—Part IV of subtitle B of title 10, States Code, is amended by striking out level maintenance and repair of United States Code, is amended by striking ‘‘Secretary of a military department or the materiel: prohibition on man- out ‘‘Secretary of the Army’’ in sections head of a Defense Agency, as the case may agement by end strength.’’. 4540(a) and 4542 (each place it appears) and be,’’ and inserting in lieu thereof ‘‘Secretary SEC. 302. PRESERVATION OF CORE MAINTE- inserting in lieu thereof ‘‘Secretary of De- of Defense’’. NANCE AND REPAIR CAPABILITY. fense’’. (13) Section 2410d(a) is amended by striking (a) IN GENERAL.—(1) Chapter 146 of title 10, (b) NAVY.—Part IV of subtitle C of such out ‘‘a military department or a Defense United States Code, is amended by adding at title is amended as follows: Agency’’ and inserting in lieu thereof ‘‘the the end the following new section: (1) The following sections are amended by Department of Defense’’. striking out ‘‘Secretary of the Navy’’ and in- ‘‘§ 2472. Core maintenance and repair capabil- (14) Section 2410g(b) is amended by striking serting in lieu thereof ‘‘Secretary of De- ity: preservation out ‘‘notification—’’ and all that follows fense’’: sections 7212(a), 7229, 7299a (each ‘‘(a) NECESSITY FOR CORE MAINTENANCE AND through ‘‘any other Department of Defense place it appears), 7309(c), 7310(b) (both places REPAIR CAPABILITIES.—It is essential for the contract, to’’ and insert in lieu thereof ‘‘no- it appears), 7311(a) (in the matter before national defense that the Department of De- tification to’’. paragraph (1)), 7311(b) (in the matter before fense preserve an organic maintenance and (b) CHAPTER 142.—Chapter 142 of title 10, paragraph (1)), 7314, and 7361 (each place it repair capability (including personnel, equip- United States Code, is amended as follows: appears) . ment, and facilities) to meet readiness and (1) Section 2411(3) is amended by striking (2) Section 7314(1)(B) is amended by strik- sustainability requirements established by out ‘‘Director of the Defense Logistics Agen- ing out ‘‘Navy supply system’’ each place it the Chairman of the Joint Chiefs of Staff for cy’’ and inserting in lieu thereof ‘‘Under Sec- appears and inserting in lieu thereof ‘‘De- the systems and equipment required for con- retary of Defense for Acquisition and Tech- partment of Defense supply system’’. tingency plans approved by the Chairman of nology’’. (3) Section 7522 is amended by striking out the Joint Chiefs of Staff under section (2) Section 2417 is amended by striking out ‘‘Secretary of the Navy’’ and all that follows 153(a)(3) of this title. ‘‘Director of the Defense Logistics Agency’’ through ‘‘chiefs of bureaus’’ and inserting in ‘‘(b) IDENTIFICATION OF CORE MAINTENANCE and inserting in lieu thereof ‘‘Under Sec- lieu thereof ‘‘Secretary of Defense’’. AND REPAIR CAPABILITIES.—The Secretary of retary of Defense for Acquisition and Tech- (c) AIR FORCE.—Part IV of subtitle D of Defense shall identify those maintenance nology’’. such title is amended as follows: and repair activities of the Department of SEC. 226. MAJOR DEFENSE ACQUISITION PRO- (1) Sections 9511(10) and 9540(a) are amend- Defense that are necessary to preserve the GRAMS. ed by striking out ‘‘Secretary of the Air maintenance and repair capability described Chapter 144 of title 10, United States Code, Force’’ and inserting in lieu thereof ‘‘Sec- in subsection (a). The Secretary may iden- is amended as follows: retary of Defense’’. tify for such purpose only those activities of (1) Section 2432(c)(3)(A) is amended by (2) Section 9513(a) is amended— the Department of Defense that are nec- striking out ‘‘The Secretary of Defense’’ and (A) in paragraph (1), by striking out ‘‘Sec- essary to ensure a ready and controlled all that follows. retary of the Air Force—’’ and all that fol- source of technical competence for that pur- (2) Section 2433 is amended— lows and inserting in lieu thereof the follow- pose. The Secretary may not identify for (A) by striking out ‘‘service acquisition ex- ing: ‘‘Secretary, in consultation with the such purpose any intermediate-level or ecutive designated by the Secretary con- Secretary of the military department con- depot-level maintenance or repair activity. cerned’’ each place it appears and inserting cerned, may, by contract entered into with a ‘‘(c) LIMITATION ON CONTRACTING.—The Sec- in lieu thereof ‘‘Under Secretary of Defense contractor, authorize such contractor to use retary may not contract for the performance for Acquisition and Technology’’; one or more Department of Defense installa- by non-Government personnel of a mainte- (B) in subsection (c), by striking out ‘‘such tions designated by the Secretary of De- nance activity identified by the Secretary service acquisition executive’’ in the matter fense.’’; and under subsection (b) under the procedures following paragraph (3) and inserting in lieu (B) in paragraph (2), by striking out ‘‘of and requirements of Office of Management thereof ‘‘the Under Secretary of Defense for the Air Force’’. and Budget Circular A–76 or any successor Acquisition and Technology’’; SEC. 228. OTHER LAWS. administrative regulation or policy unless (C) in subsection (d)— In any other provision of law providing au- the Secretary of Defense determines (under (i) by striking out ‘‘the service acquisition thority for the Secretary of a military de- regulations prescribed by the Secretary) that executive’’ in paragraphs (1) and (2) and in- partment or the head of a Defense Agency of Government performance of the activity is serting in lieu thereof ‘‘the Under Sec- the Department of Defense to perform a re- no longer required for national defense rea- retary’’; and search, development, or acquisition function sons. S 4820 CONGRESSIONAL RECORD — SENATE March 29, 1995 ‘‘(d) CONTRACTING FOR PERFORMANCE OF workload to the private sector and the repeal failure to require the use of safety NON-CORE FUNCTIONS.—In the case of any of the so-called 60/40 rule will eliminate man- belts in passenger vehicles, and for maintenance or repair activity (including agement restrictions long opposed by the De- other purposes. the making of major modifications and up- partment of Defense as well as the private grades) that is not identified by the Sec- sector. The elimination of these restrictions S. 400 retary under subsection (b), the Secretary as called for by your bill will afford the gov- At the request of Mrs. HUTCHISON, the concerned shall provide for the performance ernment much greater flexibility to obtain name of the Senator from Alabama of that activity by an entity in the private the most cost effective use of every dollar [Mr. SHELBY] was added as a cosponsor sector, selected through the use of competi- spent on defense logistics support. tive procedures, unless the Secretary deter- Similarly, we are greatly encouraged by of S. 400, a bill to provide for appro- mines that the performance of that activity the provisions of your legislation that ad- priate remedies for prison conditions, by a Government entity is necessary to dress the issue of government ‘‘core’’ com- and for other purposes. maintain the defense industrial base.’’. petencies. We support the language that S. 442 (2) The table of sections at the beginning of calls for the performance of the preponder- such chapter is amended by adding at the ance of this workload by private sector enti- At the request of Ms. SNOWE, the end the following new item: ties selected on the basis of competitive pro- names of the Senator from Alaska [Mr. ‘‘2472. Core maintenance and repair capabil- cedures in accordance with your narrow defi- MURKOWSKI] and the Senator from ity: preservation.’’. nition of ‘‘core’’ government competency. Pennsylvania [Mr. SANTORUM] were The depot maintenance policy articulated (b) REVISION OF REGULATIONS.—The Sec- added as cosponsors of S. 442, a bill to retary of Defense shall revise the existing in your legislation will permit the develop- improve and strengthen the child sup- Department of Defense regulations relating ment of a logistics support program for the port collection system, and for other 21st century. Your legislation in this regard to depot level maintenance and repair activi- purposes. ties in order to ensure the consistency of is in the national interest and in the interest those regulations with the policy provided in of the private sector industrial base. We ap- S. 456 plaud your depot policy initiative, and offer section 2472(d) of title 10, United States At the request of Mr. BRADLEY, the Code, as added by subsection (a). to work closely with you in the weeks ahead names of the Senator from Wyoming to achieve its timely enactment. SEC. 303. PERFORMANCE OF DEPOT-LEVEL MAIN- [Mr. SIMPSON] and the Senator from TENANCE WORKLOAD BY PRIVATE Sincerely, SECTOR WHENEVER POSSIBLE. The Presidents of AIA, ADPA, AEA, Louisiana [Mr. JOHNSTON] were added (a) REQUIREMENT.—Section 2469 of title 10, CSA, EIA, NSIA, SCA, and the U.S. as cosponsors of S. 456, a bill to im- United States Code, is amended to read as Chamber of Commerce. prove and strengthen the child support follows: f collection system, and for other pur- ‘‘§ 2469. Depot-level maintenance and repair poses. activities: use of private sector ADDITIONAL COSPONSORS SENATE RESOLUTION 91 ‘‘(a) IN GENERAL.—The Secretary of De- S. 216 At the request of Mr. PELL, the fense shall (except as provided in subsection At the request of Mr. HATCH, the names of the Senator from New York (b)) provide for the performance by private name of the Senator from Mississippi sector entities of all depot-level mainte- [Mr. D’AMATO], the Senator from Dela- [Mr. COCHRAN] was added as a cospon- nance and all depot-level repair work of the ware [Mr. BIDEN], and the Senator from sor of S. 216, a bill to repeal the reduc- Department of Defense. Maryland [Mr. SARBANES] were added tion in the deductible portion of ex- ‘‘(b) EXCEPTION.—The Secretary may pro- as cosponsors of Senate Resolution 91, penses for business meals and enter- vide for the performance of a particular a resolution to condemn Turkey’s ille- depot-level maintenance workload, or a par- tainment. gal invasion of Northern Iraq. ticular depot-level repair workload, by an S. 327 entity of the Department of Defense if— At the request of Mr. HATCH, the f ‘‘(1) no responsive bids for performance of name of the Senator from Mississippi that workload are received from responsible SENATE RESOLUTION 96— offerors; or [Mr. COCHRAN] was added as a cospon- ‘‘(2) the Secretary makes a determination sor of S. 327, a bill to amend the Inter- RELATIVE TO A RETIREMENT that subsection (a) must be waived for that nal Revenue Code of 1986 to provide Mr. DOLE (for himself and Mr. particular workload for reasons of national clarification for the deductibility of ex- DASCHLE) submitted the following reso- security.’’. penses incurred by a taxpayer in con- lution; which was considered and (b) CLERICAL AMENDMENT.—The item relat- nection with the business use of the agreed to: ing to section 2469 in the table of sections at home. the beginning of chapter 146 of such title is S. RES. 96 S. 351 amended to read as follows: Whereas, Chick Reynolds will retire from ‘‘2469. Depot-level maintenance and repair At the request of Mr. HATCH, the service to the United States Senate after activities: use of private sec- name of the Senator from Iowa [Mr. twenty years as a member of the staff of the tor.’’. GRASSLEY] was added as a cosponsor of Office Reporters of Debates; AEROSPACE INDUSTRIES ASSOCIA- S. 351, a bill to amend the Internal Whereas, he has served the United States TION, AMERICAN DEFENSE PRE- Revenue Code of 1986 to make perma- Senate with honor and distinction since join- PAREDNESS ASSOCIATION, AMER- nent the credit for increasing research ing the staff of the Office Reporters of De- ICAN ELECTRONICS ASSOCIATION, activities. bates on July 1, 1974; CONTRACT SERVICES ASSOCIATION, Whereas, his hard work and outstanding S. 360 ELECTRONIC INDUSTRIES ASSOCIA- excellence as an official reporter resulted in TION, NATIONAL SECURITY INDUS- At the request of Mr. SMITH, the his appointment to the position of Chief Re- TRIAL ASSOCIATION, SHIPBUILDERS name of the Senator from Maine [Ms. porter on May 1, 1988; COUNCIL OF AMERICA, U.S. CHAM- SNOWE] was added as a cosponsor of S. Whereas, Chick Reynolds, as Chief Re- BER OF COMMERCE, 360, a bill to amend title 23, United porter of the Congressional Record, has at March 29, 1995. States Code, to eliminate the penalties all times executed the important duties and Senator WILLIAM V. ROTH, JR., imposed on States for noncompliance responsibilities of his office with great effi- U.S. Senate, Washington, DC. ciency and diligence; with motorcycle helmet and auto- DEAR SENATOR ROTH: As the associations Whereas, Chick Reynolds has dem- representing the hundreds of thousands of mobile safety belt requirements, and onstrated loyal dedication to the United American workers employed in the aero- for other purposes. States Senate as an institution and leaves a space, electronics, shipbuilding and services S. 385 legacy of superior and professional service: industries, we offer our strong support for At the request of Mr. GREGG, the Now, therefore, be it the depot maintenance provisions included names of the Senator from Colorado Resolved, That the United States Senate in your procurement reform legislation. We expresses its deep appreciation and gratitude [Mr. CAMPBELL] and the Senator from urge prompt action on these provisions in to Chick Reynolds for his years of faithful order to achieve their enactment in this ses- Maine [Ms. SNOWE] were added as co- and exemplary service to his country and the sion of Congress. sponsors of S. 385, a bill to amend title United States Senate. The elements of your proposal that repeal 23, United States Code, to eliminate SEC. 2. The Secretary shall transmit a copy the $3 million threshold for the shift of depot the penalties imposed on States for of this resolution to Chick Reynolds. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4821 AMENDMENTS SUBMITTED GENERAL PROVISIONS differential costs; $92,500,000 shall be from Section 715 of Public Law 103–330 is amend- the amounts appropriated for commodities ed by deleting ‘‘$85,500,000’’ and by inserting supplied in connection with dispositions EMERGENCY SUPPLEMENTAL ‘‘$110,000,000’’. The additional costs resulting abroad pursuant to title III; and $43,865,000 shall be from the amounts appropriated for APPROPRIATIONS ACT OF 1995 from this provision shall be financed from funds credited to the Commodity Credit Cor- the cost of direct credit agreements as au- poration pursuant to section 426 of Public thorized by the Agricultural Trade Develop- Law 103–465. ment and Assistance Act of 1954, as amended, HATFIELD AMENDMENT NO. 420 and the Food for Progress Act of 1985, as OFFICE OF THE SECRETARY amended. Mr. HATFIELD proposed an amend- (RESCISSION) CHAPTER II ment to the bill (H.R. 1158) making Of the funds made available under this emergency supplemental appropria- heading in Public Law 103–330, $31,000 are re- DEPARTMENTS OF COMMERCE, JUSTICE, tions for additional disaster assistance scinded: Provided, That none of the funds AND STATE, THE JUDICIARY, AND RE- and making rescissions for the fiscal made available to the Department of Agri- LATED AGENCIES year ending September 30, 1995, and for culture may be used to carry out activities RELATED AGENCIES other purposes; as follows: under 7 U.S.C. 2257 without prior notification NATIONAL BANKRUPTCY REVIEW COMMISSION to the Committees on Appropriations. Strike all after the enacting clause and in- (TRANSFER OF FUNDS) sert the following: AGRICULTURAL RESEARCH SERVICE For the National Bankruptcy Review Com- That the following sums are appropriated, BUILDINGS AND FACILITIES mission as authorized by Public Law 103–394, out of any money in the Treasury not other- (RESCISSION) $1,500,000 shall be made available until ex- wise appropriated, to provide additional sup- Of the funds made available under this pended, to be derived by transfer from unob- plemental appropriations and rescissions for heading in Public Law 103–330 and other ligated balances of the Working Capital the fiscal year ending September 30, 1995, and Acts, $1,500,000 are rescinded. Fund in the Department of Justice. for other purposes, namely: COOPERATIVE STATE RESEARCH SERVICE UNITED STATES INFORMATION AGENCY TITLE I—SUPPLEMENTALS AND (RESCISSION) INTERNATIONAL BROADCASTING OPERATIONS RESCISSIONS Of the funds made available under this For an additional amount for ‘‘Inter- CHAPTER I heading in Public Law 103–330, $958,000 are re- national Broadcasting Operations’’, DEPARTMENT OF AGRICULTURE, RURAL scinded, including $524,000 for contracts and $7,290,000, for the Board for International DEVELOPMENT, FOOD AND DRUG AD- grants for agricultural research under the Broadcasting to remain available until ex- MINISTRATION, AND RELATED AGEN- Act of August 4, 1965, as amended (7 U.S.C. pended. CIES 450i(c)); and $434,000 for necessary expenses of DEPARTMENT OF JUSTICE Cooperative State Research Service activi- DEPARTMENT OF AGRICULTURE IMMIGRATION AND NATURALIZATION SERVICE ties: Provided, That the amount of AGRICULTURAL RESEARCH SERVICE ‘‘$9,917,000’’ available under this heading in SALARIES AND EXPENSES (TRANSFER OF FUNDS) Public Law 103–330 (108 Stat. 2441) for a pro- (RESCISSION) For an additional amount for necessary ex- gram of capacity building grants to colleges Of the funds made available under this penses of the Agricultural Research Service, eligible to receive funds under the Act of Au- heading in Public Law 103–317, $1,000,000 are $2,218,000, to be derived by transfer from gust 30, 1890, is amended to read ‘‘$9,207,000’’. rescinded. ‘‘Nutrition Initiatives’’, Food and Consumer ANIMAL AND PLANT HEALTH INSPECTION OFFICE OF JUSTICE PROGRAMS Service. SERVICE DRUG COURTS FOOD SAFETY AND INSPECTION SERVICE BUILDINGS AND FACILITIES (RESCISSION) For an additional amount for salaries and (RESCISSION) Of the funds made available under this expenses of the Food Safety and Inspection Of the funds made available under this heading in title VIII of Public Law 103–317, Service, $9,082,000. heading in Public Law 103–330, $6,000,000 are $27,100,000 are rescinded. COMMODITY CREDIT CORPORATION FUND rescinded. OUNCE OF PREVENTION COUNCIL FOOD FOR PROGRESS RURAL DEVELOPMENT ADMINISTRATION AND (INCLUDING RESCISSION) Notwithstanding any other provision of FARMERS HOME ADMINISTRATION Of the funds made available under this law, no funds of the Commodity Credit Cor- LOCAL TECHNICAL ASSISTANCE AND PLANNING heading in title VIII of Public Law 103–317, poration in excess of $50,000,000 for fiscal GRANTS $1,000,000 are rescinded. year 1995 (exclusive of the cost of commod- (RESCISSION) In addition, under this heading in Public ities in the fiscal year) may be used to carry Of the funds made available under this Law 103–317, after the word ‘‘grants’’, insert out the Food for Progress Act of 1985 (7 heading in Public Law 103–330, $1,750,000 are the following: ‘‘and administrative ex- U.S.C. 1736o) with respect to commodities rescinded. penses’’. After the word ‘‘expended’’, insert made available under section 416(b) of the the following: ‘‘: Provided, That the Council Agricultural Act of 1949: Provided, That of ALCOHOL FUELS CREDIT GUARANTEE PROGRAM is authorized to accept, hold, administer, and this amount not more than $20,000,000 may be ACCOUNT use gifts, both real and personal, for the pur- used without regard to section 110(g) of the (RESCISSION) pose of aiding or facilitating the work of the Food for Progress Act of 1985 (7 U.S.C. Of the funds made available under this Council’’. 1736o(g)). The additional costs resulting from heading in Public Law 102–341, $9,000,000 are this provision shall be financed from funds rescinded. DEPARTMENT OF COMMERCE credited to the Corporation pursuant to sec- RURAL ELECTRIFICATION ADMINISTRATION NATIONAL INSTITUTE OF STANDARDS AND tion 426 of Public Law 103–465. TECHNOLOGY RURAL ELECTRIFICATION AND TELEPHONE RURAL ELECTRIFICATION ADMINISTRATION LOANS PROGRAM ACCOUNT SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES RURAL ELECTRIFICATION AND TELEPHONE (RESCISSION) LOANS PROGRAM ACCOUNT Of the funds made available under this (RESCISSION) The second paragraph under this heading heading in Public Law 103–330, $1,500,000 for Of the funds made available under this in Public Law 103–330 (108 Stat. 2441) is the cost of 5 per centum rural telephone heading in Public Law 103–317, $19,500,000 are amended by inserting before the period at loans are rescinded. rescinded. the end, the following: ‘‘: Provided, That not- FOOD AND NUTRITION SERVICE INDUSTRIAL TECHNOLOGY SERVICES withstanding section 305(d)(2) of the Rural Electrification Act of 1936, borrower interest SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR (RESCISSION) rates may exceed 7 per centum per year’’. WOMEN, INFANTS, AND CHILDREN (WIC) Of the funds made available under this (RESCISSION) heading in Public Law 103–317 for the Manu- FOOD AND NUTRITION SERVICE Of the funds made available under this facturing Extension Partnership and the COMMODITY SUPPLEMENTAL FOOD PROGRAM heading in Public Law 103–111, $35,000,000 are Quality Program, $27,100,000 are rescinded. The paragraph under this heading in Pub- rescinded. NATIONAL OCEANIC AND ATMOSPHERIC lic Law 103–330 (108 Stat. 2441) is amended by FOREIGN AGRICULTURAL SERVICE ADMINISTRATION inserting before the period at the end, the OPERATIONS, RESEARCH, AND FACILITIES following: ‘‘: Provided further, That twenty PUBLIC LAW 480 PROGRAM ACCOUNTS per centum of any Commodity Supplemental Of the funds made available under this (RESCISSION) Food Program funds carried over from fiscal heading in Public Law 103–330, $142,500,000 are Of the funds made available under this year 1994 shall be available for administra- rescinded of which: $6,135,000 shall be from heading in Public Law 103–317, $37,600,000 are tive costs of the program’’. the amounts appropriated for ocean freight rescinded. S 4822 CONGRESSIONAL RECORD — SENATE March 29, 1995

CONSTRUCTION RELATED AGENCIES POWER MARKETING ADMINISTRATIONS (RESCISSION) ARMS CONTROL AND DISARMAMENT AGENCY CONSTRUCTION, REHABILITATION, OPERATION Of the funds made available under this ARMS CONTROL AND DISARMAMENT ACTIVITIES AND MAINTENANCE, WESTERN AREA POWER heading in Public Law 103–317, $8,000,000 are (RESCISSION) ADMINISTRATION rescinded. Of the funds made available under this (RESCISSIONS) heading in Public Law 103–317, $4,000,000 are TECHNOLOGY ADMINISTRATION Of the amounts made available under this rescinded, of which $2,000,000 are from funds UNDER SECRETARY FOR TECHNOLOGY/OFFICE heading in Public Law 103–316 and prior made available for activities related to the OF TECHNOLOGY POLICY years’ Energy and Water Development Acts, implementation of the Chemical Weapons $30,000,000 are rescinded. SALARIES AND EXPENSES Convention. (RESCISSION) BOARD FOR INTERNATIONAL BROADCASTING INDEPENDENT AGENCIES Of the funds made available under this ISRAEL RELAY STATION APPALACHIAN REGIONAL COMMISSION heading in Public Law 103–317, $1,500,000 are (RESCISSION) rescinded. (RESCISSION) From unobligated balances available under Of the funds made available under this NATIONAL TECHNICAL INFORMATION SERVICE this heading, $2,000,000 are rescinded. heading in Public Law 103–316, $10,000,000 are NTIS REVOLVING FUND UNITED STATES INFORMATION AGENCY rescinded. EDUCATIONAL AND CULTURAL EXCHANGE (RESCISSION) TENNESSEE VALLEY AUTHORITY Of the funds made available under this PROGRAMS heading in Public Law 103–317, $7,600,000 are (RESCISSION) TENNESSEE VALLEY AUTHORITY FUND rescinded. Of the funds made available under this (RESCISSION) heading in Public Law 103–317, $5,000,000 are ECONOMIC DEVELOPMENT ADMINISTRATION Of the funds made available under this rescinded. ECONOMIC DEVELOPMENT ASSISTANCE heading in Public Law 103–316, $5,000,000 are RADIO CONSTRUCTION PROGRAMS rescinded. (RESCISSION) (RESCISSIONS) CHAPTER IV Of the funds made available under this Of unobligated balances available under heading, $6,000,000 are rescinded. FOREIGN OPERATIONS, EXPORT this heading pursuant to Public Law 103–75, RADIO FREE ASIA FINANCING, AND RELATED PROGRAMS Public Law 102–368, and Public Law 103–317, $47,384,000 are rescinded. (RESCISSION) (RESCISSION) Of the funds made available under this Of the unearmarked and unobligated bal- THE JUDICIARY heading, $6,000,000 are rescinded. ances of funds available in Public Law 103–87 COURTS OF APPEALS, DISTRICT COURTS, AND CHAPTER III and Public Law 103–306, $100,000,000 are re- OTHER JUDICIAL SERVICES ENERGY AND WATER DEVELOPMENT scinded: Provided, That not later than thirty days after the enactment of this Act the Di- UNITED STATES COURT OF INTERNATIONAL DEPARTMENT OF DEFENSE—CIVIL TRADE rector of the Office of Management and DEPARTMENT OF THE ARMY (RESCISSION) Budget shall submit a report to Congress set- CORPS OF ENGINEERS—CIVIL ting forth the accounts and amounts which Of the funds made available under this GENERAL INVESTIGATIONS are reduced pursuant to this paragraph. heading in Public Law 103–317, $1,000,000 are (RESCISSIONS) rescinded. CHAPTER V Of the funds made available under this DEFENDER SERVICES heading in Public Law 103–316 and prior DEPARTMENT OF THE INTERIOR AND (RESCISSION) years’ Energy and Water Development Ap- RELATED AGENCIES Of the funds made available under this propriations Acts, $10,000,000 are rescinded. DEPARTMENT OF THE INTERIOR heading in Public Law 103–317, $4,100,000 are CONSTRUCTION, GENERAL BUREAU OF LAND MANAGEMENT rescinded. (RESCISSIONS) MANAGEMENT OF LANDS AND RESOURCES RELATED AGENCY Of the funds made available under this SMALL BUSINESS ADMINISTRATION heading in Public Law 103–316 and prior (RESCISSION) years’ Energy and Water Development Ap- SALARIES AND EXPENSES Of the funds available under this heading propriations Acts, $50,000,000 are rescinded. in Public Law 103–332, $70,000 are rescinded, (RESCISSION) DEPARTMENT OF THE INTERIOR to be derived from amounts available for de- Of the funds made available under this BUREAU OF RECLAMATION veloping and finalizing the Roswell Resource heading in Public Law 103–317, $15,000,000 are OPERATION AND MAINTENANCE Management Plan/Environmental Impact rescinded: Provided, That no funds in that Statement and the Carlsbad Resource Man- (RESCISSION) public law shall be available to implement agement Plan Amendment/Environmental section 24 of the Small Business Act, as Of the funds made available under this Impact Statement: Provided, That none of amended. heading in Public Law 103–316, $10,000,000 are the funds made available in such Act or any rescinded. BUSINESS LOANS PROGRAM ACCOUNT other appropriations Act may be used for fi- DEPARTMENT OF ENERGY nalizing or implementing either such plan. (RESCISSION) ENERGY SUPPLY, RESEARCH AND CONSTRUCTION AND ACCESS Of the funds made available under this DEVELOPMENT ACTIVITIES heading in Public Law 103–317, $15,000,000 are (RESCISSION) (RESCISSIONS) rescinded. Of the funds made available under this Of the funds available under this heading DEPARTMENT OF STATE heading in Public Law 103–316, $81,500,000 are in Public Law 103–332, Public Law 103–138, ADMINISTRATION OF FOREIGN AFFAIRS rescinded. and Public Law 102–381, $2,100,000 are re- scinded. DIPLOMATIC AND CONSULAR PROGRAMS ATOMIC ENERGY DEFENSE ACTIVITIES (RESCISSION) DEFENSE ENVIRONMENTAL RESTORATION AND LAND ACQUISITION WASTE MANAGEMENT Of the funds made available under this (RESCISSIONS) (RESCISSIONS) heading in Public Law 103–317, $2,000,000 are Of the funds available under this heading rescinded. Of the amounts made available under this in Public Law 102–381, Public Law 101–121, heading in Public Law 103–316 and prior ACQUISITION AND MAINTENANCE OF BUILDINGS and Public Law 100–446, $1,497,000 are re- years’ Energy and Water Development Acts, ABROAD scinded. $100,000,000 are rescinded. (RESCISSION) MATERIALS SUPPORT AND OTHER DEFENSE UNITED STATES FISH AND WILDLIFE SERVICE Of the funds made available under this PROGRAMS RESOURCE MANAGEMENT heading in Public Law 103–317, $30,000,000 are (RESCISSIONS) rescinded. (RESCISSION) Of the amounts made available under this Of the funds available under this heading INTERNATIONAL ORGANIZATIONS AND heading in Public Law 103–316, and prior CONFERENCES in Public Law 103–332, $3,000,000 are re- years’ Energy and Water Development Acts, scinded. CONTRIBUTIONS FOR INTERNATIONAL $15,000,000 are rescinded. PEACEKEEPING ACTIVITIES DEPARTMENTAL ADMINISTRATION CONSTRUCTION (RESCISSION) (RESCISSION) (RESCISSIONS) Of the funds made available under this Of the funds made available under this Of the funds available under this heading heading in Public Law 103–317, $14,617,000 are heading in Public Law 103–316, $20,000,000 are or the heading Construction and Anad- rescinded. rescinded. romous Fish in Public Law 103–332, Public March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4823 Law 103–138, Public Law 103–75, Public Law DEPARTMENT OF AGRICULTURE construction of facilities for the National 102–381, Public Law 102–154, Public Law 102– FOREST SERVICE Museum of the American Indian. 368, Public Law 101–512, Public Law 101–121, FOREST RESEARCH NATIONAL GALLERY OF ART Public Law 100–446, and Public Law 100–202, $13,215,000 are rescinded. (RESCISSION) REPAIR, RESTORATION AND RENOVATION OF BUILDINGS LAND ACQUISITION Of the funds available under this heading in Public Law 103–332, $6,000,000 are re- (RESCISSION) (RESCISSIONS) scinded. Of the funds available under this heading Of the funds available under this heading STATE AND PRIVATE FORESTRY in Public Law 103–332, $407,000 are rescinded. in Public Law 103–332, Public Law 103–138, Public Law 102–381, and Public Law 101–512, (RESCISSIONS) JOHN F. KENNEDY CENTER FOR THE $3,893,000 are rescinded. Of the funds available under this heading PERFORMING ARTS NATIONAL BIOLOGICAL SURVEY in Public Law 103–332 and Public Law 103–138, CONSTRUCTION $6,250,000 are rescinded. RESEARCH, INVENTORIES, AND SURVEYS (RESCISSION) INTERNATIONAL FORESTRY (RESCISSIONS) Of the funds available under this heading (RESCISSION) Of the funds available under this heading in Public Law 103–332, $3,000,000 are re- in Public Law 103–332 and Public Law 103–138, Of the funds available under this heading scinded. in Public Law 103–332, $3,000,000 are re- $12,544,000 are rescinded. WOODROW WILSON INTERNATIONAL CENTER FOR scinded. NATIONAL PARK SERVICE SCHOLARS CONSTRUCTION CONSTRUCTION SALARIES AND EXPENSES (RESCISSIONS) (RESCISSION) (RESCISSION) Of the funds available under this heading Of the funds available under this heading in Public Law 103–332, Public Law 103–138 and Of the funds available under this heading in Public Law 103–332, $25,970,000 are re- Public Law 102–381, $7,824,000 are rescinded: in Public Law 103–332, $1,000,000 are re- scinded. Provided, That the first proviso under this scinded. URBAN PARK AND RECREATION FUND head in Public Law 103–332 is amended by NATIONAL FOUNDATION ON THE ARTS AND THE (RESCISSION) striking ‘‘1994’’ and inserting in lieu thereof HUMANITIES Of the funds available under this heading ‘‘1995’’. NATIONAL ENDOWMENT FOR THE ARTS LAND ACQUISITION in Public Law 103–332, $7,480,000 are re- GRANTS AND ADMINISTRATION scinded. (RESCISSIONS) (RESCISSION) LAND ACQUISITION AND STATE ASSISTANCE Of the funds available under this heading Of the funds available under this heading in Public Law 103–332, Public Law 103–138 and (RESCISSIONS) in Public Law 103–332, $5,000,000 are re- Public Law 102–381, $3,020,000 are rescinded. Of the funds available under this heading scinded. DEPARTMENT OF ENERGY in Public Law 103–332, Public Law 103–138, NATIONAL ENDOWMENT FOR THE HUMANITIES Public Law 102–381, Public Law 102–154, Pub- FOSSIL ENERGY RESEARCH AND DEVELOPMENT GRANTS AND ADMINISTRATION lic Law 101–512, Public Law 101–121, Public (RESCISSION) Law 100–446, Public Law 100–202, Public Law Of the funds available under this heading (RESCISSION) 99–190, Public Law 98–473, and Public Law 98– in Public Law 103–332, $20,750,000 are re- Of the funds available under this heading 146, $11,297,000 are rescinded. scinded. in Public Law 103–332, $5,000,000 are re- MINERALS MANAGEMENT SERVICE scinded. NAVAL PETROLEUM AND OIL SHALE RESERVES ROYALTY AND OFFSHORE MINERALS (RESCISSION) GENERAL PROVISIONS MANAGEMENT Of the funds available under this heading SEC. 501. No funds made available in any (RESCISSION) in Public Law 103–332, $11,000,000 are re- appropriations Act may be used by the De- Of the funds made available under this scinded. partment of the Interior, including but not limited to the United States Fish and Wild- heading in Public Law 103–332, $814,000 are re- ENERGY CONSERVATION scinded. life Service and the National Biological (RESCISSIONS) Service, to search for the Alabama sturgeon BUREAU OF INDIAN AFFAIRS Of the funds available under this heading in the Alabama River, the Cahaba River, the OPERATION OF INDIAN PROGRAMS in Public Law 103–332, $34,928,000 are re- Tombigbee River or the Tennessee- (RESCISSION) scinded. Tombigbee Waterway in Alabama or Mis- Of the funds available under this heading Of the funds available under this heading sissippi. in Public Law 103–332, $11,350,000 are re- in Public Law 103–138, $13,700,000 are re- SEC. 502. (a) None of the funds made avail- scinded: Provided, That the first proviso scinded. able in Public Law 103–332 may be used by under this head in Public Law 103–332 is DEPARTMENT OF EDUCATION the United States Fish and Wildlife Service to implement or enforce special use permit amended by striking ‘‘$330,111,000’’ and in- OFFICE OF ELEMENTARY AND SECONDARY numbered 72030. serting in lieu thereof ‘‘$329,361,000’’. EDUCATION CONSTRUCTION (b) The Secretary of the Interior shall im- INDIAN EDUCATION mediately reinstate the travel guidelines (RESCISSION) (RESCISSION) specified in special use permit numbered Of the funds available under this heading Of the funds available under this heading 65715 for the visiting public and employees of in Public Law 103–332, $9,571,000 are re- in Public Law 103–332, $2,000,000 are re- the Virginia Department of Conservation scinded. scinded. and Recreation at Back Bay National Wild- INDIAN DIRECT LOAN PROGRAM ACCOUNT OTHER RELATED AGENCIES life Refuge, Virginia. Such guidelines shall (RESCISSION) remain in effect until such time as an agree- SMITHSONIAN INSTITUTION ment described in subsection (c) becomes ef- Of the funds provided under this heading in CONSTRUCTION AND IMPROVEMENTS, NATIONAL fective, but in no case shall remain in effect Public Law 103–332, $1,900,000 is rescinded. ZOOLOGICAL PARK after September 30, 1995. TERRITORIAL AND INTERNATIONAL AFFAIRS (RESCISSIONS) (c) It is the sense of Congress that the Sec- ADMINISTRATION OF TERRITORIES Of the funds available under this heading retary of the Interior and the Governor of (RESCISSION) in Public Law 102–381, and Public Law 103– Virginia should negotiate and enter into a long term agreement concerning resources Of the funds available under this heading 138, $1,000,000 are rescinded. management and public access with respect in Public Law 103–332, $1,900,000 are re- CONSTRUCTION to Back Bay National Wildlife Refuge and scinded. (RESCISSIONS) False Cape State Park, Virginia, in order to TRUST TERRITORY OF THE PACIFIC ISLANDS Of the funds made available under this improve the implementation of the missions (RESCISSION) heading in Public Law 102–154, Public Law of the Refuge and Park. Of the funds available under this heading 102–381, Public Law 103–138, and Public Law SEC. 503. (a) No funds available to the For- in Public Law 99–591, $32,139,000 are re- 103–332, $11,237,000 are rescinded: Provided, est Service may be used to implement Habi- scinded. That of the amounts proposed herein for re- tat Conservation Areas in the Tongass Na- scission, $2,500,000 are from funds previously tional Forest for species which have not been COMPACT OF FREE ASSOCIATION appropriated for the National Museum of the declared threatened or endangered pursuant (RESCISSION) American Indian: Provided further, That not- to the Endangered Species Act, except that Of the funds made available under this withstanding any other provision of law, the with respect to goshawks the Forest Service heading in Public Law 103–332, $1,000,000 are provisions of the Davis-Bacon Act shall not may impose interim Goshawk Habitat Con- rescinded. apply to any contract associated with the servation Areas not to exceed 300 acres per S 4824 CONGRESSIONAL RECORD — SENATE March 29, 1995 active nest consistent with the guidelines NATIONAL INSTITUTES OF HEALTH CHILD CARE AND DEVELOPMENT BLOCK GRANT utilized in national forests in the continen- BUILDINGS AND FACILITIES (RESCISSION) tal United States. (RESCISSION) Of the funds made available under this (b) The Secretary shall notify Congress heading in Public Law 103–333, $8,400,000 are within 30 days of any timber sales which Of the available balances under this head- rescinded. may be delayed or canceled due to the Gos- ing, $79,289,000 are rescinded. hawk Habitat Conservation Areas described SUBSTANCE ABUSE AND MENTAL HEALTH CHILDREN AND FAMILIES SERVICES PROGRAMS in subsection (a). SERVICES ADMINISTRATION (RESCISSION) CHAPTER VI SUBSTANCE ABUSE AND MENTAL HEALTH Of the funds made available under this SERVICES heading in Public Law 103–333, $42,000,000 are DEPARTMENTS OF LABOR, HEALTH AND (RESCISSION) rescinded from section 639(A) of the Head HUMAN SERVICES, AND EDUCATION, Start Act, as amended. AND RELATED AGENCIES Of the funds made available under this heading in Public Law 103–333, $14,700,000 are ADMINISTRATION ON AGING DEPARTMENT OF LABOR rescinded. (AGING SERVICES PROGRAMS) EMPLOYMENT AND TRAINING ADMINISTRATION ASSISTANT SECRETARY FOR HEALTH (RESCISSION) OFFICE OF THE ASSISTANT SECRETARY FOR TRAINING AND EMPLOYMENT SERVICES Of the funds made available under this HEALTH (RESCISSION) heading in Public Law 103–333, $899,000 are re- (RESCISSION) Of the funds made available under this scinded. Of the funds made available under this heading in Public Law 103–333, $1,521,220,000 OFFICE OF THE SECRETARY heading in Public Law 103–333, $2,320,000 are are rescinded, including $46,404,000 for nec- rescinded. POLICY RESEARCH essary expenses of construction, rehabilita- (RESCISSION) tion, and acquisition of new Job Corps cen- AGENCY FOR HEALTH CARE POLICY AND ters, $15,000,000 for the School-to-Work Op- RESEARCH Of the funds made available under this portunities Act, $15,600,000 for title III, part HEALTH CARE POLICY AND RESEARCH heading in Public Law 103–333, $2,918,000 are A of the Job Training Partnership Act, (RESCISSION) rescinded. $20,000,000 for the title III, part B of such Of the Federal funds made available under DEPARTMENT OF EDUCATION Act, $3,861,000 for service delivery areas this heading in Public Law 103–333, $3,132,000 EDUCATION REFORM under section 101(a)(4)(A)(iii) of such Act, are rescinded. (RESCISSION) $33,000,000 for carrying out title II, part A of HEALTH CARE FINANCING ADMINISTRATION such Act, $472,010,000 for carrying out title II, Of the funds made available under this part C of such Act, $750,000 for the National PROGRAM MANAGEMENT heading in Public Law 103–333, $82,600,000 are Commission for Employment Policy and (RESCISSION) rescinded, including $55,800,000 from funds $421,000 for the National Occupational Infor- Funds made available under this heading made available for State and local education mation Coordinating Committee: Provided, in Public Law 103–333 are reduced from systemic improvement, and $11,800,000 from That service delivery areas may transfer up $2,207,135,000 to $2,185,935,000, and funds trans- funds made available for Federal activities to 50 percent of the amounts allocated for ferred to this account as authorized by sec- under the Goals 2000: Educate America Act; program years 1994 and 1995 between the title tion 201(g) of the Social Security Act are re- and $15,000,000 are rescinded from funds made II–B and title II–C programs authorized by duced to the same amount. available under the School to Work Opportu- nities Act, including $4,375,000 for National the Job Training Partnership Act, if such SOCIAL SECURITY ADMINISTRATION transfers are approved by the Governor. programs and $10,625,000 for State grants and SUPPLEMENTAL SECURITY INCOME PROGRAM local partnerships. COMMUNITY SERVICE EMPLOYMENT FOR OLDER (RESCISSION) EDUCATION FOR THE DISADVANTAGED AMERICANS Of the amounts appropriated in the first (RESCISSION) (RESCISSIONS) paragraph under this heading in Public Law 103–333, $67,000,000 are rescinded. Of the funds made available under this Of the funds made available in the first heading in Public Law 103–333, $80,400,000 are paragraph under this heading in Public Law LIMITATION ON ADMINISTRATIVE EXPENSES rescinded as follows: $72,500,000 from the Ele- 103–333, $11,263,000 are rescinded. (RESCISSION) mentary and Secondary Education Act, title Of the funds made available in the second Of the funds made available under this I, part A, $2,000,000 from part B, and $5,900,000 paragraph under this heading in Public Law heading in Public Law 103–333 to invest in a from part E, section 1501. 103–333, $3,177,000 are rescinded. state-of-the-art computing network, IMPACT AID STATE UNEMPLOYMENT INSURANCE AND $88,283,000 are rescinded. (RESCISSION) EMPLOYMENT SERVICE OPERATIONS ADMINISTRATION FOR CHILDREN AND FAMILIES Of the funds made available under this (RESCISSION) JOB OPPORTUNITIES AND BASIC SKILLS heading in Public Law 103–333, $16,293,000 for Of the funds made available under this (RESCISSION) section 8002 are rescinded. heading in Public Law 103–333, $20,000,000 are Of the funds made available under this SCHOOL IMPROVEMENT PROGRAMS rescinded, and amounts which may be ex- heading in Public Law 103–333, there are re- (RESCISSION) pended from the Employment Security Ad- scinded an amount equal to the total of the ministration account in the Unemployment funds within each State’s limitation for fis- Of the funds made available under this Trust Fund are reduced from $3,269,097,000 to cal year 1995 that are not necessary to pay heading in Public Law 103–333, $236,417,000 are $3,221,397,000. such State’s allowable claims for such fiscal rescinded as follows: from the Elementary and Secondary Education Act, title II–B, BUREAU OF LABOR STATISTICS year. Section 403(k)(3)(E) of the Social Security $69,000,000, title IV, $100,000,000, title V–C, SALARIES AND EXPENSES Act (as amended by Public Law 100–485) is $2,000,000, title IX–B, $1,000,000, title X–D, Of the funds made available under this amended by adding before the ‘‘and’’: ‘‘re- $1,500,000, section 10602, $1,630,000, title XII, heading in Public Law 103–333, $1,100,000 are duced by an amount equal to the total of $20,000,000, and title XIII–A, $8,900,000; from rescinded. those funds that are within each State’s lim- the Higher Education Act, section 596, itation for fiscal year 1995 that are not nec- $13,875,000; from funds derived from the Vio- DEPARTMENT OF HEALTH AND HUMAN lent Crime Reduction Trust Fund, $11,100,000; SERVICES essary to pay such State’s allowable claims for such fiscal year (except that such amount and from funds for the Civil Rights Act of HEALTH RESOURCES AND SERVICES for such year shall be deemed to be 1964, title IV, $7,412,000. ADMINISTRATION $1,300,000,000 for the purpose of determining BILINGUAL AND IMMIGRANT EDUCATION HEALTH RESOURCES AND SERVICES the amount of the payment under subsection (RESCISSION) (l) to which each State is entitled),’’. (RESCISSION) Of the funds made available under this STATE LEGALIZATION IMPACT-ASSISTANCE heading in Public Law 103–333, $32,380,000 are Of the funds made available under this GRANTS heading in Public Law 103–333, $42,071,000 are rescinded from funding for title VII–A and rescinded. (RESCISSION) $11,000,000 from part C of the Elementary and Of the funds made available in the second Secondary Education Act. CENTERS FOR DISEASE CONTROL AND paragraph under this heading in Public Law VOCATIONAL AND ADULT EDUCATION PREVENTION 103–333, $6,000,000 are rescinded. (RESCISSION) DISEASE CONTROL, RESEARCH, AND TRAINING COMMUNITY SERVICES BLOCK GRANT Of the funds made available under this (RESCISSION) (RESCISSION) heading in Public Law 103–333, $60,566,000 are Of the funds made available under this Of the funds made available under this rescinded as follows: from the Carl D. Per- heading in Public Law 103–333, $1,300,000 are heading in Public Law 103–333, $26,988,000 are kins Vocational and Applied Technology rescinded. rescinded. Education Act, title III–A, and –B, $43,888,000 March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4825 and from title IV–A and –C, $8,891,000; from and enforcement activities, $8,975,000 are re- GENERAL ACCOUNTING OFFICE the Adult Education Act, part B–7, $7,787,000. scinded. SALARIES AND EXPENSES STUDENT FINANCIAL ASSISTANCE CHAPTER VII (RESCISSION) (RESCISSION) LEGISLATIVE BRANCH Of the funds made available under this Of the funds made available under this HOUSE OF REPRESENTATIVES heading in Public Law 103–283, $8,867,000 are heading in Public Law 103–333, $10,000,000 are PAYMENTS TO WIDOWS AND HEIRS OF rescinded. rescinded from funding for the Higher Edu- DECEASED MEMBERS OF CONGRESS CHAPTER VIII cation Act, title IV, part H–1. For payment to the family trust of Dean A. DEPARTMENT OF DEFENSE—MILITARY HIGHER EDUCATION Gallo, late a Representative from the State CONSTRUCTION (RESCISSION) of New Jersey, $133,600. MILITARY CONSTRUCTION, ARMY Of the funds made available under this JOINT ITEMS (RESCISSION) heading in Public Law 103–333, $57,783,000 are JOINT ECONOMIC COMMITTEE rescinded as follows: from amounts available Of the funds made available under this (RESCISSION) for the Higher Education Act, title IV–A, heading in Public Law 103–307, $10,000,000 are chapter 5, $496,000, title IV–A–2, chapter 1, Of the funds made available under this rescinded. $11,200,000, title IV–A–2, chapter 2, $600,000, heading in Public Law 103–283, $460,000 are re- MILITARY CONSTRUCTION, NAVY scinded. title IV–A–6, $2,000,000, title V–C, subparts 1 (RESCISSION) and 3, $16,175,000, title IX–B, $10,100,000, title JOINT COMMITTEE ON PRINTING Of the funds made available under this IX–E, $3,500,000, title IX–G, $2,888,000, title X– (RESCISSION) D, $2,900,000, and title XI–A, $500,000; Public heading in Public Law 103–307, $13,050,000 are Of the funds made available under this Law 102–325, $1,000,000; and the Excellence in rescinded. heading in Public Law 103–283, $238,137 are re- Mathematics, Science, and Engineering Edu- MILITARY CONSTRUCTION, AIR FORCE scinded. cation Act of 1990, $6,424,000. (RESCISSION) OFFICE OF TECHNOLOGY ASSESSMENT HOWARD UNIVERSITY Of the funds made available under this SALARIES AND EXPENSES (RESCISSION) heading in Public Law 103–307, $33,250,000 are (RESCISSION) Of the funds made available under this rescinded. heading in Public Law 103–333, $3,300,000 are Of the funds made available under this MILITARY CONSTRUCTION, AIR NATIONAL rescinded, including $1,500,000 for construc- heading in Public Law 103–283, $650,000 are re- GUARD scinded. tion. (RESCISSION) CONGRESSIONAL BUDGET OFFICE COLLEGE HOUSING AND ACADEMIC FACILITIES Of the funds made available under this LOANS PROGRAM SALARIES AND EXPENSES heading in Public Law 103–307, $1,340,000 are (RESCISSION) (RESCISSION) rescinded. Of the funds made available under this Of the funds made available under this NORTH ATLANTIC TREATY ORGANIZATION heading in Public Law 103–333 for the costs of heading in Public Law 103–283, $187,000 are re- INFRASTRUCTURE direct loans, as authorized under part C of scinded. (RESCISSION) title VII of the Higher Education Act, as ARCHITECT OF THE CAPITOL amended, $168,000 are rescinded, and the au- Of the funds made available under this CAPITOL BUILDINGS AND GROUNDS thority to subsidize gross loan obligations is heading in Public Law 103–307, $69,000,000 are repealed. In addition, $322,000 appropriated SENATE OFFICE BUILDINGS rescinded. for administrative expenses are rescinded. (RESCISSION) BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II EDUCATION RESEARCH, STATISTICS, AND Of the funds made available under this IMPROVEMENT heading in Public Law 103–283, $850,000 are re- (RESCISSION) (RESCISSION) scinded. Of the funds made available under this Of the funds made available under this CAPITAL POWER PLANT heading in Public Law 103–307, $10,628,000 are heading in Public Law 103–333, $15,200,000 are (RESCISSION) rescinded. rescinded as follows: from the Elementary Of the funds made available under this BASE REALIGNMENT AND CLOSURE ACCOUNT, and Secondary Education Act, title III–A, heading in Public Law 103–283, $1,650,000 are PART III $5,000,000, title III–B, $5,000,000, and title X–B, rescinded. (RESCISSION) $4,600,000; from the Goals 2000: Educate GOVERNMENT PRINTING OFFICE Of the funds made available under this America Act, title VI, $600,000. CONGRESSIONAL PRINTING AND BINDING heading in Public Law 103–307, $93,566,000 are LIBRARIES rescinded. (RESCISSION) (RESCISSION) Of the funds made available under this CHAPTER IX Of the funds made available under this heading in Public Law 103–283, $5,000,000 are DEPARTMENT OF TRANSPORTATION heading in Public Law 103–333, $2,916,000 are rescinded. AND RELATED AGENCIES rescinded from title II, part B, section 222 of the Higher Education Act. BOTANIC GARDEN OFFICE OF THE SECRETARY RELATED AGENCIES SALARIES AND EXPENSES WORKING CAPITAL FUND CORPORATION FOR PUBLIC BROADCASTING (RESCISSION) (RESCISSION) (RESCISSION) Of the funds made available until expended The obligation authority under this head- by transfer under this heading in Public Law ing in Public Law 103–331 is hereby reduced Of the funds made available under this 103–283, $7,000,000 are rescinded. by $4,000,000. heading in Public Law 103–112, $26,360,000 are rescinded. Of the funds made available under GOVERNMENT PRINTING OFFICE PAYMENTS TO AIR CARRIERS this heading in Public Law 103–333, $29,360,000 OFFICE OF SUPERINTENDENT OF DOCUMENTS (AIRPORT AND AIRWAY TRUST FUND) are rescinded. SALARIES AND EXPENSES (RESCISSION) RAILROAD RETIREMENT BOARD (RESCISSION) Of the funds made available under this DUAL BENEFITS PAYMENTS ACCOUNT Of the funds made available under this heading, $5,300,000 are rescinded: Provided, (RESCISSION) heading in Public Law 103–283, $600,000 are re- That the Secretary shall not enter into any Of the funds made available under this scinded. contracts for ‘‘Small Community Air Serv- heading in Public Law 103–333, $7,000,000 are LIBRARY OF CONGRESS ice’’ beyond September 30, 1995, which re- rescinded. quire compensation fixed and determined SALARIES AND EXPENSES under subchapter II of chapter 417 of Title 49, GENERAL PROVISIONS (RESCISSION) United States Code (49 U.S.C. 41731–42) pay- FEDERAL DIRECT STUDENT LOAN PROGRAM Of the funds made available under this able by the Department of Transportation: SEC. 601. Section 458(a) of the Higher Edu- heading in Public Law 103–283, $150,000 are re- Provided further, That no funds under this cation Act of 1965 (20 U.S.C. 1087h(a)) is scinded. head shall be available for payments to air amended— BOOKS FOR THE BLIND AND PHYSICALLY carriers under subchapter II. (1) by striking ‘‘$345,000,000’’ and inserting HANDICAPPED COAST GUARD ‘‘$250,000,000’’; and OPERATING EXPENSES (2) by striking ‘‘$2,500,000,000’’ and insert- SALARIES AND EXPENSES ing ‘‘$2,405,000,000’’. (RESCISSION) (RESCISSION) SEC. 602. Of the funds made available in fis- Of the funds made available under this Of the amounts provided under this head- cal year 1995 to the Department of Labor in heading in Public Law 103–283, $100,000 are re- ing in Public Law 103–331, $3,700,000 are re- Public Law 103–333 for compliance assistance scinded. scinded. S 4826 CONGRESSIONAL RECORD — SENATE March 29, 1995

ACQUISITION, CONSTRUCTION, AND FEDERAL RAILROAD ADMINISTRATION SEC. 903. Section 326 of Public Law 103–122 IMPROVEMENTS OFFICE OF THE ADMINISTRATOR is hereby amended to delete the words ‘‘or previous Acts’’ each time they appear in that (RESCISSION) (TRANSFER OF FUNDS) section. Of the available balances under this head- Section 341 of Public Law 103–331 is amend- ing, $34,298,000 are rescinded. ed by deleting ‘‘and received from the Dela- CHAPTER X ENVIRONMENTAL COMPLIANCE AND ware and Hudson Railroad,’’ after ‘‘amend- TREASURY, POSTAL SERVICE, AND RESTORATION ed,’’. GENERAL GOVERNMENT (RESCISSION) NORTHEAST CORRIDOR IMPROVEMENT PROGRAM INDEPENDENT AGENCIES Of the amounts provided under this head- (RESCISSION) GENERAL SERVICES ADMINISTRATION ing in Public Law 103–331, $400,000 are re- Of the amounts provided under this head- FEDERAL BUILDINGS FUND scinded. ing in Public Law 103–331, $7,768,000 are re- (TRANSFER OF FUNDS) scinded. FEDERAL AVIATION ADMINISTRATION Of the funds made available for the Federal OPERATIONS NATIONAL MAGNETIC LEVITATION PROTOTYPE Buildings Fund in Public Law 103–329, DEVELOPMENT PROGRAM (RESCISSION) $5,000,000 shall be made available by the Gen- (HIGHWAY TRUST FUND) eral Services Administration to implement Of the available balances under this head- an agreement between the Food and Drug ing, $1,000,000 are rescinded: Provided, That (RESCISSION) Administration and another entity for space, the following proviso in Public Law 103–331 Of the available balances of contract au- equipment and facilities related to seafood under this heading is repealed, ‘‘Provided fur- thority under this heading, $250,000,000 are research. ther, That of the funds available under this rescinded. head, $17,500,000 is available only for perma- FEDERAL TRANSIT ADMINISTRATION OFFICE OF PERSONNEL MANAGEMENT nent change of station moves for members of DISCRETIONARY GRANTS GOVERNMENT PAYMENT FOR ANNUITANTS, the air traffic work force’’. EMPLOYEE LIFE INSURANCE BENEFITS (LIMITATION ON OBLIGATIONS) FACILITIES AND EQUIPMENT For an additional amount for ‘‘Govern- (HIGHWAY TRUST FUND) (AIRPORT AND AIRWAY TRUST FUND) ment payment for annuitants, employee life (RESCISSION) insurance’’, $9,000,000 to remain available (RESCISSION) The obligation limitation under this head- until expended. Of the available balances under this head- ing in Public Law 103–331 is hereby reduced DEPARTMENT OF THE TREASURY ing, $31,850,000 are rescinded. by $17,650,000: Provided, That such reduction DEPARTMENTAL OFFICES RESEARCH, ENGINEERING, AND DEVELOPMENT shall be made from obligational authority available to the Secretary for the replace- SALARIES AND EXPENSES (AIRPORT AND AIRWAY TRUST FUND) ment, rehabilitation, and purchase of buses (RESCISSION) (RESCISSION) and related equipment and the construction Of the funds made available under this Of the available balances under this head- of bus-related facilities. heading in Public Law 103–329, $100,000 are re- ing, $7,500,000 are rescinded. Notwithstanding Section 313 of Public Law scinded. GRANTS-IN-AID FOR AIRPORTS 103–331, the obligation limitations under this heading in the following Department of FINANCIAL MANAGEMENT SERVICE (AIRPORT AND AIRWAY TRUST FUND) Transportation and Related Agencies Appro- SALARIES AND EXPENSES (RESCISSION) priations Acts are reduced by the following (RESCISSION) Of the available contract authority bal- amounts: Of the funds made available under this ances under this account, $1,300,000,000 are Public Law 102–143, $62,833,000, to be dis- heading in Public Law 103–329, $160,000 are re- rescinded. tributed as follows: scinded. FEDERAL HIGHWAY ADMINISTRATION (a) $2,563,000, for the replacement, rehabili- tation, and purchase of buses and related UNITED STATES MINT LIMITATION ON GENERAL OPERATING equipment and the construction of bus-relat- SALARIES AND EXPENSES EXPENSES ed facilities: Provided, That the foregoing re- (TRANSFER OF FUNDS) (RESCISSION) duction shall be distributed according to the In the paragraph under this heading in The obligation limitation under this head- reductions identified in Senate Report 104–17, Public Law 103–329, insert ‘‘not to exceed’’ ing in Public Law 103–331 is hereby reduced for which the obligation limitation in Public after ‘‘of which’’. by $45,950,000. Law 102–143 was applied; and BUREAU OF THE PUBLIC DEBT FEDERAL-AID HIGHWAYS (b) $60,270,000, for new fixed guideway sys- tems, to be distributed as follows: ADMINISTERING THE PUBLIC DEBT (LIMITATION ON OBLIGATIONS) $2,000,000, for the Cleveland Dual Hub Cor- SALARIES AND EXPENSES (HIGHWAY TRUST FUND) ridor Project; (RESCISSION) (RESCISSION) $930,000, for the Kansas City-South LRT The obligation limitation under this head- Project; Of the funds made available under this ing in Public Law 103–331 is hereby reduced $1,900,000, for the San Diego Mid-Coast Ex- heading in Public Law 103–123, $1,500,000 are by $123,590,000, of which $27,640,000 shall be tension Project; rescinded. deducted from amounts made available for $34,200,000, for the Hawthorne-Warwick INTERNAL REVENUE SERVICE the Applied Research and Technology Pro- Commuter Rail Project; INFORMATION SYSTEMS gram authorized under section 307(e) of title $8,000,000, for the San Jose-Gilroy Com- (RESCISSION) 23, United States Code, and $50,000,000 shall muter Rail Project; be deducted from the amounts available for $3,240,000, for the Seattle-Tacoma Com- Of the funds made available under this the Congestion Pricing Pilot Program au- muter Rail Project; and heading in Public Law 103–329, $1,490,000 are thorized under section 1002(b) of Public Law $10,000,000, for the Detroit LRT Project. rescinded. 102–240, and $45,950,000 shall be deducted from Public Law 101–516, $4,460,000, for new fixed ADMINISTRATIVE PROVISION—INTERNAL the limitation on General Operating Ex- guideway systems, to be distributed as fol- REVENUE SERVICE penses: Provided, That the amounts deducted lows: In the paragraph under this heading in from the aforementioned programs are re- $4,460,000 for the Cleveland Dual Hub Cor- Public Law 103–329, in section 3, after scinded. ridor Project. ‘‘$119,000,000’’, insert ‘‘annually’’. FEDERAL-AID HIGHWAYS GENERAL PROVISIONS EXECUTIVE OFFICE OF THE PRESIDENT EMERGENCY RELIEF PROGRAM (INCLUDING RESCISSIONS) AND FUNDS APPROPRIATED TO THE (HIGHWAY TRUST FUND) SEC. 901. Of the funds provided in Public PRESIDENT Law 103–331 for the Department of Transpor- (RESCISSION) THE WHITE HOUSE OFFICE tation working capital fund (WCF), $4,000,000 SALARIES AND EXPENSES Of the amounts provided under this head- are rescinded, which limits fiscal year 1995 ing in Public Law 103–211, $50,000,000 are re- WCF obligational authority for elements of (RESCISSION) scinded. the Department of Transportation funded in Of the funds made available under this NATIONAL HIGHWAY TRAFFIC SAFETY Public Law 103–331 to no more than heading in Public Law 103–329, $171,000 are re- ADMINISTRATION $89,000,000. scinded. HIGHWAY TRAFFIC SAFETY GRANTS SEC. 902. Of the total budgetary resources FEDERAL DRUG CONTROL PROGRAMS available to the Department of Transpor- (HIGHWAY TRUST FUND) SPECIAL FORFEITURE FUND tation (excluding the Maritime Administra- (RESCISSION) tion) during fiscal year 1995 for civilian and (INCLUDING TRANSFER AND RESCISSION OF Of the available balances of contract au- military compensation and benefits and FUNDS) thority under this heading, $20,000,000 are re- other administrative expenses, $10,000,000 are For activities authorized by Public Law scinded. permanently canceled. 100–690, an additional amount of $13,200,000, March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4827

to remain available until expended for trans- OFFICE OF PERSONNEL MANAGEMENT DEPARTMENT OF HOUSING AND URBAN fer to the United States Customs Service, SALARIES AND EXPENSES DEVELOPMENT ‘‘Salaries and expenses’’ for carrying out (RESCISSION) HOUSING PROGRAMS border enforcement activities: Provided, That Of the funds made available under this of the funds made available under this head- NATIONAL HOMEOWNERSHIP TRUST heading in Public Law 103–329, $3,140,000 are ing in Public Law 103–329, $13,200,000 are re- DEMONSTRATION PROGRAM rescinded. scinded. CHAPTER XI (RESCISSION) INDEPENDENT AGENCIES DEPARTMENTS OF VETERANS AFFAIRS Of the funds made available under this heading in Public Law 103–327, $50,000,000 are GENERAL SERVICES ADMINISTRATION AND HOUSING AND URBAN DEVELOP- MENT, AND INDEPENDENT AGENCIES rescinded. FEDERAL BUILDINGS FUND FEDERAL EMERGENCY MANAGEMENT AGENCY ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING LIMITATIONS ON THE AVAILABILITY OF REVENUE DISASTER RELIEF (RESCISSION) (RESCISSIONS) For an additional amount for ‘‘Disaster Of the funds made available under this Of the funds made available under this Relief’’ for necessary expenses in carrying heading in Public Law 103–327 and any unob- heading in Public Laws 101–136, 101–509, 102– out the functions of the Robert T. Stafford ligated balances from funds appropriated 27, 102–141, 103–123, 102–393, 103–329, $241,011,000 Disaster Relief and Emergency Assistance under this heading in prior years, $451,000,000 are rescinded from the following projects in Act (42 U.S.C. 5121 et seq.), $1,900,000,000, to of funds for development or acquisition costs the following amounts: remain available until expended: Provided, of public housing (including public housing Arizona: That such amount is designated by Congress for Indian families) are rescinded, except Lukeville, commercial lot expansion, as an emergency requirement pursuant to that such rescission shall not apply to funds $1,219,000 section 251(b)(2)(D)(i) of the Balanced Budget for replacement housing for units demol- San Luis, primary lane expansion and ad- and Emergency Deficit Control Act of 1985, ished, reconstructed, or otherwise disposed ministrative office space, $3,496,000 as amended. of (including units to be disposed of pursuant Sierra Vista, U.S. Magistrates office, DISASTER RELIEF EMERGENCY CONTINGENCY to a homeownership program under section $1,000,000 FUND 5(h) or title III of the United States Housing California: For necessary expenses in carrying out the Act of 1937) from the existing public housing Menlo Park, United States Geological Sur- functions of the Robert T. Stafford Disaster inventory, or to funds related to litigation vey, office laboratory buildings, $980,000 Relief and Emergency Assistance Act (42 settlements or court orders, and the Sec- San Francisco, U.S. Court of Appeals U.S.C. 5121 et seq.), $4,800,000,000, to become retary shall not be required to make any re- annex, $9,003,000 available on October 1, 1995, and remain maining funds available pursuant to section District of Columbia: available until expended: Provided, That such 213(d)(1)(A) of the Housing and Community Central and West heating plants, $5,000,000 amount shall be available only to the extent Development Act of 1994; $2,406,789,000 of Corps of Engineers, headquarters, that an official budget request for a specific funds for new incremental rental subsidy $25,000,000 dollar amount, that includes designation of contracts under the section 8 existing hous- General Service Administration, Southeast the entire amount of the request as an emer- ing certificate program (42 U.S.C. 1437f) and Federal Center, headquarters, $25,000,000 gency requirement as defined in the Bal- the housing voucher program under section U.S. Secret Service, headquarters, anced Budget and Emergency Deficit Control 8(o) of the Act (42 U.S.C. 1437f(o)), including $8,900,000 Act of 1985, as amended, is transmitted by $100,000,000 from new programs and Georgia: the President to Congress: Provided further, $350,000,000 from pension fund rental assist- Atlanta, Centers for Disease Control, site That such amount is designated by Congress ance as provided in Public Law 103–327, are acquisition and improvement, $25,890,000 as an emergency requirement pursuant to rescinded, and the remaining authority for Atlanta, Centers for Disease Control, section 251(b)(2)(D)(i) of the Balanced Budget such purposes shall be only for units nec- $14,110,000 and Emergency Deficit Control Act of 1985, essary to provide housing assistance for resi- Florida: as amended. dents to be relocated from existing Federally Tampa, U.S. Courthouse, $5,994,000 NATIONAL FLOOD INSURANCE FUND subsidized or assisted housing, for replace- Illinois: (TRANSFER OF FUNDS) ment housing for units demolished, recon- Chicago, Federal Center, $7,000,000 structed, or otherwise disposed of (including Of the funds available from the National Indiana: units to be disposed of pursuant to a home- Flood Insurance Fund for activities under Hammond, U.S. Courthouse, $26,000,000 ownership program under section 5(h) or the National Flood Insurance Reform Act of Maryland: title III of the United States Housing Act of 1994, an additional amount not to exceed Avondale, DeLaSalle building, $16,671,000 1937) from the public housing inventory, for $331,000 shall be transferred as needed to the Massachusetts: funds related to litigation settlements or ‘‘Salaries and expenses’’ appropriation for Boston, U.S. Courthouse, $4,076,000 court orders, for amendments to contracts to flood mitigation and flood insurance oper- Nevada: permit continued assistance to participating ations, and an additional amount not to ex- Reno, Federal building—U.S. Courthouse, families, or to enable public housing authori- ceed $5,000,000 shall be transferred as needed $1,465,000 ties to implement ‘‘mixed population’’ plans to the ‘‘Emergency management planning New Hampshire: for developments housing primarily elderly and assistance’’ appropriation for flood miti- Concord, Federal building—U.S. Court- residents; $500,000,000 of funds for expiring gation expenses pursuant to the National house, $3,519,000 contracts for the tenant-based existing hous- Flood Insurance Reform Act of 1994. North Dakota: ing certificate program (42 U.S.C. 1437f) and Fargo, U.S. Courthouse, $1,371,000 DEPARTMENT OF VETERANS AFFAIRS the housing voucher program under section Ohio: VETERANS HEALTH ADMINISTRATION 8(o) of the Act (42 U.S.C. 1437f(o)), provided Youngstown, Federal building and U.S. MEDICAL CARE under the heading ‘‘Assistance for the re- Courthouse, site acquisition and design, (RESCISSION) newal of expiring section 8 subsidy con- $4,574,000 Of the funds made available under this tracts’’ are rescinded, and the Secretary Steubenville, U.S. Courthouse, $2,280,000 heading in Public Law 103–327, $50,000,000 are shall require that $500,000,000 of funds held as Oregon: rescinded: Provided, That $20,000,000 of this project reserves by the local administering Portland, U.S. Courthouse, $5,000,000 amount is to be taken from the $771,000,000 housing authorities which are in excess of Pennsylvania: earmarked for the equipment and land and current needs shall be utilized for such re- Philadelphia, Veterans Administration, structures object classifications, which newals; $835,150,000 of amounts earmarked $1,276,000 amount does not become available until Au- for the modernization of existing public Rhode Island: gust 1, 1995: Provided further, That of the housing projects pursuant to section 14 of Providence, Kennedy Plaza Federal Court- $16,214,684,000 made available under this the United States Housing Act of 1937 are re- house, $7,740,000 heading in Public Law 103–327, the scinded and the Secretary may take actions Tennessee: $9,920,819,000 restricted by section 509 of Pub- necessary to assure that such rescission is Greeneville, U.S. Courthouse, $2,936,000 lic Law 103–327 for personnel compensation distributed among public housing authori- Texas: and benefits expenditures is reduced to ties, to the extent practicable, as if such re- Ysleta, site acquisition and construction, $9,890,819,000. scission occurred prior to the commence- $1,727,000 ment of the fiscal year; $106,000,000 of DEPARTMENTAL ADMINISTRATION U.S. Virgin Islands: amounts earmarked for special purpose Charlotte Amalie, St. Thomas, U.S. Court- CONSTRUCTION, MAJOR PROJECTS grants are rescinded; $152,500,000 of amounts house Annex, $2,184,000 (RESCISSION) earmarked for loan management set-asides Nationwide chlorofluorocarbons program, Of the funds made available under this are rescinded; and $90,000,000 of amounts ear- $12,300,000 heading in Public Law 103–327 and prior marked for the lead-based paint hazard re- Nationwide energy program, $15,300,000. years, $50,000,000 are rescinded. duction program are rescinded. S 4828 CONGRESSIONAL RECORD — SENATE March 29, 1995

(DEFERRAL) housing project, or among projects, or with ENVIRONMENTAL PROTECTION AGENCY other housing for the purpose of improving Of funds made available under this heading RESEARCH AND DEVELOPMENT in Public Law 103–327 and any unobligated the living conditions of or providing more ef- balances from funds appropriated under this ficient services to its tenants’’; (RESCISSION) heading in prior years, $465,100,000 of (7) striking ‘‘under section (b)(3)(A)’’ in Of the funds made available under this amounts earmarked for the preservation of each place it occurs in subsection (e); heading in Public Law 103–327, $9,635,000 are low-income housing programs (excluding (8) redesignating existing subsection (f) as rescinded. subsection (g); and $17,000,000 of previously earmarked, plus an ABATEMENT, CONTROL, AND COMPLIANCE additional $5,000,000, for preservation tech- (9) inserting a new subsection (f) as fol- nical assistance grant funds pursuant to sec- lows: (RESCISSION) tion 253 of the Housing and Community De- ‘‘(f) Notwithstanding any other provision Of the funds made available under this velopment Act of 1987, as amended) shall not of law, replacement housing units for public heading in Public Law 103–327, $9,806,805 are become available for obligation until Sep- housing units demolished may be built on rescinded: Provided, That notwithstanding tember 30, 1995: Provided, That, notwith- the original public housing site or the same any other provision of law, the Environ- standing any other provision of law, pending neighborhood if the number of such replace- mental Protection Agency shall not be re- the availability of such funds, the Depart- ment units is significantly fewer than the quired to site a computer to support the re- ment of Housing and Urban Development number of units demolished.’’. gional acid deposition monitoring program may suspend further processing of applica- Section 304(g) of the United States Housing in the Bay City, Michigan, vicinity. Act of 1937 is hereby repealed. tions with the exception of applications re- BUILDINGS AND FACILITIES garding properties for which an owner’s ap- The above two amendments shall be effec- praisal was submitted on or before February tive for plans for the demolition, disposition (RESCISSIONS) 6, 1995, or for which a notice of intent to or conversion to homeownership of public Of the funds made available under this transfer the property was filed on or before housing approved by the Secretary on or be- heading in Public Law 102–389 and Public February 6, 1995. fore September 30, 1995. Law 102–139 for the Center for Ecology Re- HOUSING COUNSELING ASSISTANCE Section 8 of the United States Housing Act search and Training, $83,000,000 are re- (RESCISSION) of 1937 is amended by adding the following scinded. new subsection: Of the funds made available under this HAZARDOUS SUBSTANCE SUPERFUND ‘‘(z) TERMINATION OF SECTION 8 CONTRACTS heading in Public Law 103–327, $38,000,000 are AND REUSE OF RECAPTURED BUDGET AUTHOR- (RESCISSION) rescinded. ITY.— Of the funds made available under this NEHEMIAH HOUSING OPPORTUNITIES FUND ‘‘(1) GENERAL AUTHORITY.—The Secretary heading in Public Law 103–327, $100,000,000 are (RESCISSION) may reuse any budget authority, in whole or rescinded. part, that is recaptured on account of termi- Of the funds transferred to this revolving WATER INFRASTRUCTURE/STATE REVOLVING nation of a housing assistance payments con- fund in prior years, $17,700,000 are rescinded. FUNDS ADMINISTRATIVE PROVISIONS tract (other than a contract for tenant-based (RESCISSIONS) Section 14 of the United States Housing assistance) only for one or more of the fol- Act of 1937 is amended by adding at the end lowing: Of the funds made available under this the following new subsection: ‘‘(A) TENANT-BASED ASSISTANCE.—Pursuant heading in Public Law 103–327 and Public ‘‘(q)(1) Notwithstanding any other provi- to a contract with a public housing agency, Law 103–124, $1,242,095,000 are rescinded: Pro- sion of law, a public housing agency may use to provide tenant-based assistance under this vided, That $799,000,000 of this amount is to modernization assistance provided under sec- section to families occupying units formerly be derived from amounts appropriated for tion 14 for any eligible activity currently au- assisted under the terminated contract. state revolving funds and $443,095,000 is to be thorized by this Act or applicable appropria- ‘‘(B) PROJECT-BASED ASSISTANCE.—Pursu- derived from amounts appropriated for mak- tion Acts (including section 5 replacement ant to a contract with an owner, to attach ing grants for the construction of housing) for a public housing agency, includ- assistance to one or more structures under wastewater treatment facilities specified in ing the demolition of existing units, for re- this section. House Report 103–715. ‘‘(2) FAMILIES OCCUPYING UNITS FORMERLY placement housing, for temporary relocation NATIONAL AERONAUTICS AND SPACE ASSISTED UNDER TERMINATED CONTRACT.— assistance, for drug elimination activities, ADMINISTRATION and in conjunction with other programs; pro- Pursuant to paragraph (1), the Secretary SCIENCE, AERONAUTICS AND TECHNOLOGY vided the public housing agency consults shall first make available tenant- or project- with the appropriate local government offi- based assistance to families occupying units (RESCISSION) cials (or Indian tribal officials) and with ten- formerly assisted under the terminated con- Of the funds made available under this ants of the public housing development. The tract. The Secretary shall provide project- heading in Public Law 103–327 and any unob- public housing agency shall establish proce- based assistance in instances only where the ligated balances from funds appropriated dures for consultation with local government use of tenant-based assistance is determined under ‘‘Research and Development’’ in prior officials and tenants. to be infeasible by the Secretary. years, $68,000,000 are rescinded. ‘‘(3) EFFECTIVE DATE.—This subsection ‘‘(2) The authorization provided under this CONSTRUCTION OF FACILITIES subsection shall not extend to the use of pub- shall be effective for actions initiated by the lic housing modernization assistance for pub- Secretary on or before September 30, 1995.’’. (RESCISSION) lic housing operating assistance.’’. INDEPENDENT AGENCIES Of the funds made available under this The above amendment shall be effective CHEMICAL SAFETY AND HAZARD INVESTIGATION heading in Public Law 102–389, for the Con- for assistance appropriated on or before the BOARD sortium for International Earth Science In- effective date of this Act. SALARIES AND EXPENSES formation Network, $27,000,000 are rescinded; Section 18 of the United States Housing (RESCISSION) and any unobligated balances from funds ap- Act of 1937 is amended by— propriated under this heading in prior years, Of the funds made available under this (1) inserting ‘‘and’’ at the end of subsection $49,000,000 are rescinded. heading in Public Law 103–327, $500,000 are re- (b)(1); scinded. NATIONAL AERONAUTICAL FACILITIES (2) striking all that follows after ‘‘Act’’ in subsection (b)(2) and inserting in lieu thereof COMMUNITY DEVELOPMENT FINANCIAL The first proviso under this heading in the following: ‘‘, and the public housing INSTITUTIONS Public Law 103–127 is repealed, and the agency provides for the payment of the relo- COMMUNITY DEVELOPMENT FINANCIAL amounts made available under this heading cation expenses of each tenant to be dis- INSTITUTIONS FUND are to remain available until September 30, placed, ensures that the rent paid by the ten- PROGRAM ACCOUNT 1997. ant following relocation will not exceed the (RESCISSION) MISSION SUPPORT amount permitted under this Act and shall Of the funds made available under this (RESCISSION) not commence demolition or disposition of heading in Public Law 103–327, $124,000,000 are Of the funds made available under this any unit until the tenant of the unit is relo- rescinded. cated;’’; heading in Public Law 103–327, $6,000,000 are CORPORATION FOR NATIONAL AND COMMUNITY (3) striking subsection (b)(3); rescinded. SERVICE (4) striking ‘‘(1)’’ in subsection (c); NATIONAL SCIENCE FOUNDATION NATIONAL AND COMMUNITY SERVICE PROGRAMS (5) striking subsection (c)(2); ACADEMIC RESEARCH INFRASTRUCTURE (6) inserting before the period at the end of OPERATING EXPENSES subsection (d) the following: ‘‘, provided that (RESCISSION) (RESCISSION) nothing in this section shall prevent a public Of the funds made available under this Of the funds made available under this housing agency from consolidating occu- heading in Public Law 103–327, $210,000,000 are heading in Public Law 103–327, $131,867,000 are pancy within or among buildings of a public rescinded. rescinded. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4829 CORPORATIONS (A) the Secretary of Agriculture, acting (A) the Forest and Rangeland Renewable FEDERAL DEPOSIT INSURANCE CORPORATION through the Chief of the Forest Service, Resources Planning Act of 1974 (16 U.S.C. 1600 shall— et seq.); FDIC AFFORDABLE HOUSING PROGRAM (i) prepare, offer, and award salvage timber (B) the Federal Land Policy Management (RESCISSION) sale contracts under paragraph (1) on Forest Act of 1976 (43 U.S.C. 1701 et seq.); Of the funds made available under this Service lands to the maximum extent fea- (C) the National Environmental Policy Act heading in Public Law 103–327, $11,281,034 are sible to reduce the backlogged volume of sal- of 1969 (42 U.S.C. 4331 et seq.); rescinded. vage timber as described in paragraph (i); (D) the Endangered Species Act of 1973 (16 and U.S.C. 1531 et seq.); TITLE II—GENERAL PROVISIONS (B) the Secretary of the Interior, acting (E) the National Forest Management Act SEC. 2001. TIMBER SALES. through the Director of the Bureau of Land (16 U.S.C. 472a et seq.); (a) SALVAGE TIMBER.— Management, shall— (F) the Multiple-Use Sustained Yield Act (1) DEFINITION.—In this subsection, the (i) prepare, offer, and award salvage timber (16 U.S.C. 528 et seq.); and term ‘‘salvage timber sale’’— sale contracts under paragraph (1) on Bureau (G) other Federal environmental laws. (A) means a timber sale for which an im- of Land Management lands to the maximum (c) JUDICIAL AND ADMINISTRATIVE RE- portant reason for entry includes the re- extent feasible to reduce the backlogged vol- VIEW.— moval of disease- or insect-infested trees, ume of salvage timber as described in para- (1) JUDICIAL AUTHORITY.— dead, damaged, or downed trees, or trees af- graph (i). (A) RESTRAINING ORDERS AND PRELIMINARY fected by fire or imminently susceptible to (5) EFFECT ON OTHER LAWS.—Any timber INJUNCTIONS.—No restraining order or pre- fire or insect attack; and sale prepared, advertised, offered, awarded, liminary injunction shall be issued by any (B) includes the removal of associated or operated in accordance with paragraph (1) court of the United States with respect to a trees or trees lacking the characteristics of a shall be deemed to satisfy the requirements decision to prepare, advertise, offer, award, healthy and viable ecosystem for the purpose of all applicable Federal laws (including reg- or operate any timber sale offered under sub- of ecosystem improvement or rehabilitation, ulations), including— section (a) or (b). except that any such sale must include an (A) the Forest and Rangeland Renewable (B) PERMANENT INJUNCTIONS.—The courts identifiable salvage component of trees de- Resources Planning Act of 1974 (16 U.S.C. 1600 of the United States shall have authority to scribed in the first sentence. et seq.); enjoin permanently, order modification of, (2) DIRECTION TO COMPLETE SALVAGE TIMBER (B) the Federal Land Policy Management or void an individual sale under subsection SALES.—Notwithstanding any other law (in- Act of 1976 (43 U.S.C. 1701 et seq.); (a) or (b) if, at a trial on the merits, it has cluding a law under the authority of which (C) the National Environmental Policy Act been determined that the decision to pre- any judicial order may be outstanding on or of 1969 (42 U.S.C. 4331 et seq.); pare, advertise, offer, award, or operate the after the date of enactment of this Act), the (D) the Endangered Species Act of 1973 (16 sale was arbitrary, capricious, or otherwise Secretary of Agriculture, acting through the U.S.C. 1531 et seq.); not in accordance with law. Chief of the Forest Service, and the Sec- (E) the National Forest Management Act (2) TIME AND VENUE FOR CHALLENGE.— retary of the Interior, acting through the Di- (16 U.S.C. 472a et seq.); (A) IN GENERAL.—Any challenge to a tim- rector of the Bureau of Land Management, (F) the Multiple-Use Sustained Yield Act ber sale under subsection (a) or (b) shall be shall— (16 U.S.C. 528 et seq.); and brought as a civil action in the United (A) expeditiously prepare, offer, and award (G) other Federal environmental laws. States district court for the district in which salvage timber sale contracts on Federal (6) SALE PREPARATION.—The Secretary con- the affected Federal lands are located within lands (except land designated as a Federal cerned shall make use of all available au- 15 days after the date of the initial advertise- wilderness area); and thority, including the employment of private ment of the challenged timber sale. (B) perform the appropriate revegetation contractors and the use of expedited fire con- (B) NO WAIVER.—The Secretary of the Inte- and tree planting operations in the area in tracting procedures, to prepare and advertise rior and the Secretary of Agriculture may which the salvage operations occurred. salvage timber sales under this subsection. not agree to, and a court may not grant, a (3) SALE DOCUMENTATION.— The provisions of section 3(d)(1) of the Fed- waiver the requirements of subparagraph (A) IN GENERAL.—For each salvage timber eral Workforce Restructuring Act of 1994 (A). sale conducted under paragraph (2), the Sec- (Public Law 103–226) shall not apply to any (3) STAY OF ADMINISTRATIVE ACTION.—Dur- retary concerned shall prepare a document former employee of the Department of the ing the 45-day period after the date of filing that combines an environmental assessment Secretary concerned who received a vol- of a civil action under paragraph (2), the af- under section 102(2) of the National Environ- untary separation incentive payment au- fected agency shall take no action to award mental Policy Act of 1969 (42 U.S.C. thorized by such Act and accepts employ- a challenged timber sale. 4332(2)(E)) (including regulations implement- ment pursuant to this paragraph. (4) TIME FOR DECISION.—A civil action filed ing that section) and a biological evaluation (7) REPORTING REQUIREMENTS.—Each Sec- under this section shall be assigned for hear- under section 7(a)(2) of the Endangered Spe- retary shall report to the Committee on Ap- ing at the earliest possible date, and the cies Act of 1973 (16 U.S.C. 1536(a)(2)) and propriations and the Committee on Re- court shall render its final decision relative other applicable Federal law and implement- sources of the House of Representatives, and to any challenge within 45 days after the ing regulations. the Committee on Appropriations and the date on the action is brought, unless the (B) MATTERS TO BE CONSIDERED.—The envi- Committee on Energy and Natural Resources court determines that a longer period of ronmental assessment and biological evalua- of the United States Senate, 90 days after time is required to satisfy the requirements tion under subparagraph (A) shall, at the the date of enactment of this Act and on the of the United States Constitution. sole discretion of the Secretary concerned final day of each 90 day period thereafter (5) EXPEDITING RULES.—The court may es- and to the extent that the Secretary con- throughout each of fiscal years 1995 and 1996, tablish rules governing the procedures for a cerned considers appropriate and feasible, on the number of sales and volumes con- civil action under paragraph (2) that set page consider the environmental effects of the tained therein offered during such 90 day pe- limits on briefs and time limits on filing salvage timber sale and consider the effect, riod and expected to be offered during the briefs, motions, and other papers that are if any, on threatened or endangered species. next 90 day period. shorter than the limits specified in the Fed- (C) USE OF PREVIOUSLY PREPARED DOCU- (b) OPTION 9.— eral Rules of Civil Procedure or Federal MENT.— In lieu of preparing a new document (1) DIRECTION TO COMPLETE TIMBER SALES.— Rules of Appellate Procedure. under this paragraph, the Secretary con- Notwithstanding any other law (including a (6) SPECIAL MASTERS.—In order to reach a cerned may use a document prepared pursu- law under the authority of which any judi- decision within 45 days, the court may assign ant to the National Environmental Policy cial order may be outstanding on or after the all or part of any proceeding under this sub- Act of 1969 before the date of the enactment date of enactment of this Act), the Secretary section to 1 or more special masters for of this Act, a biological evaluation written of the Interior, acting through the Director prompt review and recommendations to the before that date, or information collected for of the Bureau of Land Management, and the court. such a document or evaluation if the docu- Secretary of Agriculture, acting through the (7) NO ADMINISTRATIVE REVIEW.—A timber ment, evaluation, or information applies to Chief of the Forest Service, shall expedi- sale conducted under subsection (a) or (b), the Federal lands covered by the proposed tiously prepare, offer, and award timber sale and any decision of the Secretary of Agri- sale. Any salvage sale in preparation on the contracts on Federal lands in the forests culture or the Secretary of the Interior in date of enactment of this Act shall be sub- specified within Option 9, as selected by the connection with the sale, shall not be subject ject to the provisions of this section. Secretary of the Interior and the Secretary to administrative review. (D) SCOPE AND CONTENT.—The scope and of Agriculture on April 13, 1994. (d) EXPIRATION DATE.—Subsection (a) and content of the documentation and informa- (2) EFFECT ON OTHER LAWS.—Any timber (b) shall expire effective as of September 30, tion prepared, considered, and relied on sale prepared, advertised, offered, awarded, 1996, but the terms and conditions of those under this paragraph is at the sole discretion or operated in accordance with paragraph (1) subsections shall continue in effect with re- of the Secretary concerned. shall be deemed to satisfy the requirements spect to timber sale contracts offered under (4) VOLUME.—In each of fiscal years 1995 of all applicable Federal laws (including reg- this Act until the completion of performance and 1996— ulations), including— of the contracts. S 4830 CONGRESSIONAL RECORD — SENATE March 29, 1995

(e) AWARD AND RELEASE OF PREVIOUSLY OF- GENERAL PROVISIONS 1736o(g)). The additional costs resulting from FERED AND UNAWARDED TIMBER SALE CON- SEC. 2006. None of the funds made available this provision shall be financed from funds TRACTS.— in any appropriations Act for fiscal year 1995 credited to the Corporation pursuant to sec- (1) AWARD AND RELEASE REQUIRED.—Not- may be used by the Environmental Protec- tion 426 of Public Law 103–465. withstanding any other law, within 30 days tion Agency to require any state to comply RURAL ELECTRIFICATION ADMINISTRATION after the date of the enactment of this Act, with the requirement of section 182 of the RURAL ELECTRIFICATION AND TELEPHONE the Secretary concerned shall act to award, Clean Air Act by adopting or implementing a LOANS PROGRAM ACCOUNT release, and permit to be completed in fiscal test-only or IM240 enhanced vehicle inspec- years 1995 and 1996, with no change in origi- tion and maintenance program, except that The second paragraph under this heading nally advertised terms and volumes, all tim- EPA may approve such a program if a state in Public Law 103–330 (108 Stat. 2441) is ber sale contracts offered or awarded before chooses to submit one to meet that require- amended by inserting before the period at that date in any unit of the National Forest ment. the end, the following: ‘‘: Provided, That not- System or district of the Bureau of Land SEC. 2007. None of the funds made available withstanding section 305(d)(2) of the Rural Management subject to section 318 of Public in any appropriations Act for fiscal year 1995 Electrification Act of 1936, borrower interest Law 101–121 (103 Stat. 745). may be used by the Environmental Protec- rates may exceed 7 per centum per year’’. (2) THREATENED OR ENDANGERED SPECIES.— tion Agency to impose or enforce any re- FOOD AND NUTRITION SERVICE No sale unit shall be released or completed quirement that a state implement trip re- under this subsection if any threatened or COMMODITY SUPPLEMENTAL FOOD PROGRAM duction measures to reduce vehicular emis- endangered species is known to be nesting The paragraph under this heading in Pub- sions. within the acreage that is the subject of the lic Law 103–330 (108 Stat. 2441) is amended by SEC. 2008. None of the funds made available sale unit. inserting before the period at the end, the in any appropriations Act for fiscal year 1995 (3) ALTERNATIVE OFFER IN CASE OF DELAY.— following: ‘‘: Provided further, That twenty may be used by the Environmental Protec- If for any reason a sale cannot be released per centum of any Commodity Supplemental tion Agency for listing or to list any addi- and completed under the terms of this sub- Food Program funds carried over from fiscal tional facilities on the National Priorities section within 45 days after the date of en- year 1994 shall be available for administra- List established by section 105 of the Com- actment of this Act, the Secretary of Agri- tive costs of the program’’. culture or the Secretary of Interior, as the prehensive Environmental Response Com- GENERAL PROVISIONS case may be, shall provide the purchaser an pensation and Liability Act (CERCLA), 42 equal volume of timber, of like kind and U.S.C. 9605, unless the Administrator re- (INCLUDING RESCISSION OF FUNDS) value, which shall be subject to the terms of ceives a written request to propose for list- Section 715 of Public Law 103–330 is amend- the original contract, and shall not count ing or to list a facility from the governor of ed by deleting ‘‘$85,000,000’’ and by inserting against current allowable sale quantities. the state in which the facility is located, or ‘‘$110,000,000’’. The additional cost resulting unless legislation to reauthorize CERCLA is (f) EFFECT ON PLANS, POLICIES, AND ACTIVI- from this provision shall be financed from enacted. TIES.—Compliance with this section shall not funds credited to the Commodity Credit Cor- require or permit any revisions, amendment, SEC. 2009. No part of any appropriation poration pursuant to section 426 of Public consultation, supplementation, or other ad- contained in this Act shall remain available Law 103–465. ministrative action in or for any land man- for obligation beyond the current fiscal year With the exception of ‘‘Special Supple- agement plan, standard, guideline, policy, unless expressly so provided herein. mental Program for Women, Infants, and regional guide or multi-forest plan because This Act may be cited as the ‘‘Second Sup- Children (WIC)’’, ‘‘Commodity Supplemental of implementation or impacts, site-specific plemental Appropriations and Rescissions Food Program’’, ‘‘Donations Programs for or cumulative, of activities authorized or re- Act, 1995’’. Selected Groups’’, and ‘‘The Emergency Food quired by this section. No project decision Assistance Program’’, Food and Nutrition shall be required to be halted or changed by MIKULSKI AMENDMENT NO. 421 Service, Department of Agriculture, each such documents or guidance, implementa- amount of budget authority for the fiscal tion, or impacts. Ms. MIKULSKI proposed an amend- year ending September 30, 1995, provided in SEC. 2002. Section 633 of the Treasury, ment to amendment No. 420 proposed Public Law 103–330, for payments not re- Postal Service and General Government Ap- by Mr. HATFIELD to the bill H.R. 1158, quired by law, is hereby reduced by 1.72 per propriations Act, 1995 (Public Law 103–329; supra; as follows: centum and each amount rescinded: Provided, 108 Stat. 2428) is amended by adding at the In the pending amendment, strike title I That such reductions shall be applied ratably end of the section the following new sub- and insert the following: to each account, program, activity, and section: TITLE I—SUPPLEMENTALS AND project provided in that Act. ‘‘(g) Notwithstanding the provisions of sub- RESCISSIONS CHAPTER II section (e)(1), any Office of Inspector General that employed less than four criminal inves- CHAPTER I DEPARTMENTS OF COMMERCE, JUSTICE, tigators on the date of the enactment of this DEPARTMENT OF AGRICULTURE, RURAL AND STATE, THE JUDICIARY, AND RE- Act, and whose criminal investigators were DEVELOPMENT, FOOD AND DRUG AD- LATED AGENCIES not receiving administratively uncontrol- MINISTRATION, AND RELATED AGEN- DEPARTMENT OF STATE CIES lable overtime before such date of enact- RELATED AGENCIES ment, may provide availability pay to those DEPARTMENT OF AGRICULTURE NATIONAL BANKRUPTCY REVIEW COMMISSION criminal investigators at any time after Sep- AGRICULTURAL RESEARCH SERVICE tember 30, 1995.’’. (TRANSFER OF FUNDS) (TRANSFER OF FUNDS) SEC. 2003. Section 5542 of title 5, United For the National Bankruptcy Review Com- States Code, is amended by striking sub- For an additional amount for necessary ex- mission as authorized by Public Law 103–394, section (d). penses of the Agricultural Research Service, $1,500,000 shall be made available until ex- SEC. 2004. Section 5545a(c) of title 5, United $2,218,000, to be derived by transfer from pended, to be derived by transfer from unob- States Code, is amended by adding after the ‘‘Nutrition Initiatives’’, Food and Consumer ligated balances of the Working Capital last sentence, ‘‘An agency may direct a Services. Fund in the Department of Justice. criminal investigator to work unscheduled FOOD SAFETY AND INSPECTION SERVICE UNITED STATES INFORMATION AGENCY duty hours on days when regularly scheduled For an additional amount for salaries and overtime is provided under section 5542, and expenses of the Food Safety and Inspection INTERNATIONAL BROADCASTING OPERATIONS that duty may be related to the duties for Service, $9,082,000. For an additional amount for ‘‘Inter- which the investigator was scheduled or national Broadcasting Operations’’, COMMODITY CREDIT CORPORATION FUND other duties based on the needs of the agen- $7,290,000, for the Board for International cy. FOOD FOR PROGRESS Broadcasting to remain available until ex- SEC. 2005. Notwithstanding any other pro- Notwithstanding any other provision of pended. vision of law, beginning 30 days from the law, no funds of the Commodity Credit Cor- GENERAL PROVISIONS date of enactment of this Act and continuing poration in excess of $50,000,000 for fiscal thereafter, United States Customs Service year 1995 (exclusive of the cost of commod- (RESCISSION) Pilots compensated for administratively un- ities in the fiscal year) may be used to carry Each amount of budget authority for the controllable overtime under the provisions out the Food for Progress Act of 1985 (7 fiscal year ending September 30, 1995, pro- of section 5545(c) of title 5, United States U.S.C. 1736o) with respect to commodities vided in Public Law 103–317, for payments Code, shall be provided availability pay au- made available under section 416(b) of the not required by law, is hereby reduced by 1.72 thorized under the provisions of section Agricultural Act of 1949: Provided, That of per centum and each amount rescinded: Pro- 5545(a) of title 5, United States Code, and all this amount not more than $20,000,000 may be vided, That such reductions shall be applied other provisions of such title shall apply to used without regard to section 110(g) of the ratably to each account, program, activity, such Customs Service pilots. Food for Progress Act of 1985 (7 U.S.C. and project provided in that Act. March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4831 CHAPTER III (b) The Secretary of the Interior shall im- CHAPTER X DEPARTMENT OF DEFENSE mediately reinstate the travel guidelines DEPARTMENT OF DEFENSE—MILITARY GENERAL PROVISIONS specified in special use permit numbered CONSTRUCTION 65715 for the visiting public and employees of (RESCISSION) the Virginia Department of Conservation GENERAL PROVISION With the exception of budget authority for and Recreation at Back Bay National Wild- (RESCISSION) ‘‘Operation and Maintenance, Army’’; ‘‘Oper- life Refuge, Virginia. Such guidelines shall Each amount of budget authority for the ation and Maintenance, Navy’’; ‘‘Operation remain in effect until such time as an agree- fiscal year ending September 30, 1995, pro- and Maintenance, Marine Corps’’; ‘‘Operation ment described in subsection (c) becomes ef- vided in Public Law 103–307, for payments and Maintenance, Air Force’’; ‘‘Operation fective, but in no case shall remain in effect not required by law, is hereby reduced by 1.72 and Maintenance, Defense-wide’’; ‘‘Operation after September 30, 1995. per centum and each amount rescinded: Pro- and Maintenance, Army Reserve’’; ‘‘Oper- (c) It is the sense of Congress that the Sec- vided, That such reductions shall be applied ation and Maintenance, Navy Reserve’’; ‘‘Op- retary of the Interior and the Governor of ratably to each account, program, activity, erations and Maintenance, Marine Corps Re- Virginia should negotiate and enter into a and project provided in that Act. serve’’; ‘‘Operation and Maintenance, Air long term agreement concerning resources CHAPTER XI Force Reserve’’; ‘‘Operation and Mainte- management and public access with respect nance, Army National Guard’’; and ‘‘Oper- to Back Bay National Wildlife Refuge and DEPARTMENT OF TRANSPORTATION ation and Maintenance, Air National False Cape State Park, Virginia, in order to AND RELATED AGENCIES Guard’’, each amount of budget authority for improve the implementation of the missions FEDERAL RAILROAD ADMINISTRATION the fiscal year ending September 30, 1995, of the Refuge and Park. OFFICE OF THE ADMINISTRATOR provided in Public Law 103–335, for payments SEC. 703. (a) No funds available to the For- not required by law, is hereby reduced by 1.72 est Service may be used to implement Habi- (TRANSFER OF FUNDS) per centum and each amount rescinded: Pro- tat Conservation Areas in the Tongass Na- Section 341 of Public Law 103–331 is amend- vided, That such reductions shall be applied tional Forest for species which have not been ed by deleting ‘‘and received from the Dela- ratably to each account, program, activity, declared threatened or endangered pursuant ware and Hudson Railroad,’’ after ‘‘amend- and project provided in that Act. to the Endangered Species Act, except that ed,’’. CHAPTER IV with respect to goshawks the Forest Service GENERAL PROVISION DISTRICT OF COLUMBIA may impose interim Goshawk Habitat Con- (RESCISSION) GENERAL PROVISIONS servation Areas not to exceed 300 acres per active nest consistent with the guidelines Each amount of budget authority for the (RESCISSION) utilized in national forests in the continen- fiscal year ending September 30, 1995, pro- Each amount of budget authority for the tal United States. vided in Public Law 103–331, for payments fiscal year ending September 30, 1995, pro- (b) The Secretary shall notify Congress not required by law, is hereby reduced by 1.72 vided in Public Law 103–334, for payments within 30 days of any timber sales which per centum and each amount rescinded: Pro- not required by law, is hereby reduced by 1.72 may be delayed or canceled due to the Gos- vided, That such reductions shall be applied per centum and each amount rescinded: Pro- hawk Habitat Conservation Areas described ratably to each account, program, activity, vided, That such reductions shall be applied in subsection (a). and project provided in that Act. ratably to each account, program, activity, SEC. 704. Each amount of budget authority CHAPTER XII and project provided in that Act. for the fiscal year ending September 30, 1995, TREASURY, POSTAL SERVICE, AND CHAPTER V provided in Public Law 103–332, for payments GENERAL GOVERNMENT ENERGY AND WATER DEVELOPMENT not required by law, is hereby reduced by 1.72 DEPARTMENT OF THE TREASURY GENERAL PROVISIONS per centum and each amount rescinded: Pro- UNITED STATES CUSTOMS SERVICE (RESCISSION) vided, That such reductions shall be applied ratably to each account, program, activity, SALARIES AND EXPENSES Each amount of budget authority for the and project provided in that Act. fiscal year ending September 30, 1995, pro- (INCLUDING TRANSFER OF FUNDS) vided in Public Law 103–316, for payments CHAPTER VIII For necessary expenses for salaries and ex- not required by law, is hereby reduced by 1.72 DEPARTMENTS OF LABOR, HEALTH AND penses for the costs associated with ‘‘Oper- per centum and each amount rescinded: Pro- HUMAN SERVICES, EDUCATION AND ation Hardline’’, $13,200,000, to remain avail- vided, That such reductions shall be applied RELATED AGENCIES able until expended, of which $13,200,000 shall ratably to each account, program, activity, be derived by transfer from Executive Office and project provided in that Act. GENERAL PROVISION of the President and Funds Appropriated to CHAPTER VI (RECSISSION) the President, ‘‘Special Forfeiture Fund.’’ FOREIGN OPERATIONS, EXPORT With the exception of ‘‘Program manage- INDEPENDENT AGENCIES FINANCING, AND RELATED PROGRAMS ment’’, Health Care Financing Administra- GENERAL SERVICES ADMINISTRATION GENERAL PROVISIONS tion, Department of Health and Human Serv- ices; and ‘‘Limitation on Administrative ex- FEDERAL BUILDINGS FUND (RESCISSION) penses’’, Social Security Administration, De- (TRANSFER OF FUNDS) Each amount of budget authority for the partment of Health and Human Services, Of the funds made available for the Federal fiscal year ending September 30, 1995, pro- each amount of budget authority for the fis- Buildings Fund in Public Law 103–329, vided in Public Law 103–306, for payments cal year ending September 30, 1995, provided $5,000,000 shall be made available by the Gen- not required by law, is hereby reduced by 1.72 in Public Law 103–333, for payments not re- eral Services Administration to implement per centum and each amount rescinded: Pro- quired by law, is hereby reduced by 1.72 per an agreement between the Food and Drug vided, That such reductions shall be applied centum and each amount rescinded: Provided, Administration and another entity for space, ratably to each account, program, activity, That such reductions shall be applied ratably equipment and facilities related to seafood and project provided in that Act. to each account, program, activity, and research. CHAPTER VII project provided in that Act. OFFICE OF PERSONNEL MANAGEMENT DEPARTMENT OF THE INTERIOR AND CHAPTER IX RELATED AGENCIES GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE BENEFITS DEPARTMENT OF THE INTERIOR LEGISLATIVE BRANCH For an additional amount for ‘‘Govern- GENERAL PROVISIONS HOUSE OF REPRESENTATIVES ment payment for annuitants, employee life (INCLUDING RESCISSION OF FUNDS) PAYMENTS TO WIDOWS AND HEIRS OF insurance’’, $9,000,000 to remain available SEC. 701. No funds made available in any DECEASED MEMBERS OF CONGRESS until expended. appropriations Act may be used by the De- For payment to the family trust of Dean A. DEPARTMENT OF THE TREASURY partment of the Interior, including but not Gallo, late a Representative from the State limited to the United States Fish and Wild- of New Jersey, $133,600. UNITED STATES MINT SALARIES AND EXPENSES life Service and the National Biological GENERAL PROVISION Service, to search for the Alabama sturgeon (TRANSFER OF FUNDS) in the Alabama River, the Cahaba River, the (RESCISSION) In the paragraph under this heading in Tombigbee River or the Tennessee- Each amount of budget authority for the Public Law 103–329, insert ‘‘not to exceed’’ Tombigbee Waterway in Alabama or Mis- fiscal year ending September 30, 1995, pro- after ‘‘of which’’. sissippi. vided in Public Law 103–283, for payments SEC. 702. (a) None of the funds made avail- not required by law, is hereby reduced by 1.72 ADMINISTRATIVE PROVISION—INTERNAL able in Public Law 103–332 may be used by per centum and each amount rescinded: Pro- REVENUE SERVICE the United States Fish and Wildlife Service vided, That such reductions shall be applied In the paragraph under this heading in to implement or enforce special use permit ratably to each account, program, activity, Public Law 103–329, in section 3, after numbered 72030. and project provided in that Act. ‘‘$119,000,000’’, insert ‘‘annually’’. S 4832 CONGRESSIONAL RECORD — SENATE March 29, 1995 EXECUTIVE OFFICE OF THE PRESIDENT DEPARTMENT OF HOUSING AND URBAN assistance) only for one or more of the fol- AND FUNDS APPROPRIATED TO THE DEVELOPMENT lowing: PRESIDENT ADMINISTRATIVE PROVISIONS ‘‘(A) TENANT-BASED ASSISTANCE.—Pursuant FEDERAL DRUG CONTROL PROGRAMS Section 14 of the United States Housing to a contract with a public housing agency, to provide tenant-based assistance under this SPECIAL FORFEITURE FUND Act of 1937 is amended by adding at the end the following new subsection: section to families occupying units formerly (INCLUDING TRANSFER OF FUNDS) ‘‘(q)(1) Notwithstanding any other provi- assisted under the terminated contract. For activities authorized by Public Law sion of law, a public housing agency may use ‘‘(B) PROJECT-BASED ASSISTANCE.—Pursu- 100–690, an additional amount of $13,200,000, modernization assistance provided under sec- ant to a contract with a public housing agen- to remain available until expended for trans- tion 14 for any eligible activity currently cy, or directly with an owner, to attach as- fer to the United States Customs Service, permissible for a public housing agency, in- sistance to one or more structures, in ac- ‘‘Salaries and expenses’’ for carrying out cluding the demolition of existing units, for cordance with subsection (d)(2), except that border enforcement activities: Provided, That replacement housing, for temporary reloca- this assistance shall not be taken into con- of the funds made available under this head- tion assistance, for drug elimination activi- sideration in determining compliance with ing in Public Law 103–329, $13,200,000 are re- ties, and in conjunction with other pro- any percentage limitation for project-based scinded. grams; provided the public housing agency assistance under subsection (d)(2). GENERAL PROVISION consults with the appropriate local govern- ‘‘(2) FAMILIES OCCUPYING UNITS FORMERLY ment officials (or Indian tribal officials) and ASSISTED UNDER TERMINATED CONTRACT.— (RESCISSION) with tenants of the public housing develop- Pursuant to paragraph (1), the Secretary Each amount of budget authority for the ment. The public housing agency shall estab- shall first make available tenant- or project- fiscal year ending September 30, 1995, pro- lish procedures for consultation with local based assistance to families occupying units vided in Public Law 103–329, for payments government officials and tenants. formerly assisted under the terminated con- not required by law, is hereby reduced by 1.72 ‘‘(2) The authorization provided under this tract. The Secretary shall provide project- per centum and each amount rescinded: Pro- subsection shall not extend to the use of pub- based assistance in instances only where the vided, That such reductions shall be applied lic housing modernization assistance for pub- use of tenant-based assistance is determined ratably to each account, program, activity, lic housing operating assistance.’’. to be infeasible by the Secretary. and project provided in that Act. The above amendment shall be effective ‘‘(3) EFFECTIVE DATE.—This subsection CHAPTER XIII for assistance appropriated on or before the shall be effective for actions initiated by the DEPARTMENTS OF VETERANS AFFAIRS effective date of this Act. Secretary on or before September 30, 1995.’’. AND HOUSING AND URBAN DEVELOP- Section 18 of the United States Housing INDEPENDENT AGENCY MENT, AND INDEPENDENT AGENCIES Act of 1937 is amended by— (1) inserting ‘‘and’’ at the end of subsection NATIONAL AERONAUTICS AND SPACE FEDERAL EMERGENCY MANAGEMENT AGENCY (b)(1); ADMINISTRATION DISASTER RELIEF (2) striking all that follows after ‘‘Act’’ in NATIONAL AERONAUTICAL FACILITIES For an additional amount for ‘‘Disaster subsection (b)(2) and inserting in lieu thereof The first proviso under this heading in Relief’’ for necessary expenses in carrying the following: ‘‘, and the public housing Public Law 103–127 is repealed, and the out the functions of the Robert T. Stafford agency provides for the payment of the relo- amounts made available under this heading Disaster Relief and Emergency Assistance cation expenses of each tenant to be dis- are to remain available until September 30, Act (42 U.S.C. 5121 et seq.), $6,700,000,000, to placed, ensures that the rent paid by the ten- 1997. ant following relocation will not exceed the remain available until expended: Provided, GENERAL PROVISION That such amount is designated by Congress amount permitted under this Act and shall as an emergency requirement pursuant to not commence demolition or disposition of (RESCISSION) section 251(b)(2)(D)(i) of the Balanced Budget any unit until the tenant of the unit is relo- With the exception of ‘‘Medical Care’’, Vet- and Emergency Deficit Control Act of 1985, cated;’’; erans Health Administration, Department of as amended. Provided further, That the appro- (3) striking subsection (b)(3); Veterans Affairs, each amount of budget au- priate congressional committees with juris- (4) striking ‘‘(1)’’ in subsection (c); thority for the fiscal year ending September diction over the Robert T. Stafford Disaster (5) striking subsection (c)(2); 30, 1995, provided in Public Law 103–327, for Relief and Emergency Assistance Act shall (6) inserting before the period at the end of payments not required by law, is hereby re- complete action on authorization legislation subsection (d) the following: ‘‘, provided that duced by 1.72 per centum and each amount to create a Disaster Assistance Rainy Day nothing in this section shall prevent a public rescinded: Provided, That such reductions Fund that would be subject to the appropria- housing agency from consolidating the occu- shall be applied ratably to each account, pro- tions process and take effect on October 1, pancy of a public housing project or projects gram, activity, and project provided in that 1995: Provided further, That the plan required with other projects for the purpose of im- Act. by the immediately preceding proviso shall proving the living conditions of or providing more efficient services to its tenants’’; insure that this Fund has sufficient contin- WELLSTONE AMENDMENT NO. 422 gency to cover all anticipated costs remain- (7) striking ‘‘under section (b)(3)(A)’’ in ing from the Northridge Earthquake, and each place it occurs in subsection (e); Mr. WELLSTONE proposed an any other previous disasters for which addi- (8) redesignating existing subsection (f) as amendment to amendment No. 420 pro- subsection (g); and tional FEMA disaster assistance is required: posed by Mr. HATFIELD to the bill H.R. (9) inserting a new subsection (f) as fol- Provided further, That the plan required by 1158, supra; as follows: the second proviso in this paragraph shall in- lows: sure that the Fund retains a reserve equal to ‘‘(f) Notwithstanding any other provision At the appropriate place, add the following the annual 10-year historical average for of law, replacement housing units for public new title: FEMA disaster relief: Provided further, That housing units demolished may be built on TITLE —IMPACT OF LEGISLATION ON the legislation specified in the second pro- the original public housing site or the same CHILDREN neighborhood if the number of such replace- viso in this paragraph shall identify a frame- SEC. . SENSE OF CONGRESS. ment units is significantly fewer than the work for the administration and financing of It is the sense of Congress that Congress disaster relief assistance to minimize the number of units demolished.’’. Section 304(g) of the United States Housing should not enact or adopt any legislation need for supplemental appropriations to re- that will increase the number of children plenish the FEMA Disaster Relief Fund. Act of 1937 is hereby repealed. The above two amendments shall be effec- who are hungry or homeless. NATIONAL FLOOD INSURANCE FUND tive for plans for the demolition, disposition (TRANSFER OF FUNDS) or conversion to homeownership of public BYRD (AND OTHERS) AMENDMENT Of the funds available from the National housing approved by the Secretary on or be- NO. 423 Flood Insurance Fund for activities under fore September 30, 1995. the National Flood Insurance Reform Act of Section 8 of the United States Housing Act Mr. BYRD (for himself, Mr. HAT- 1994, an additional amount not to exceed of 1937 is amended by adding the following FIELD, Mr. EXON, Mr. DOMENICI, Mr. $331,000 shall be transferred as needed to the new subsection: KOHL, Mr. FEINGOLD, Mr. BUMPERS, Mr. ‘‘Salaries and expenses’’ appropriation for ‘‘(z) TERMINATION OF SECTION 8 CONTRACTS DASCHLE, Mr. DORGAN, Mr. BRADLEY, flood mitigation and flood insurance oper- AND REUSE OF RECAPTURED BUDGET AUTHOR- Mr. MOYNIHAN, and Mr. HARKIN) pro- ations, and an additional amount not to ex- ITY.— posed an amendment to amendment ceed $5,000,000 shall be transferred as needed ‘‘(1) GENERAL AUTHORITY.—The Secretary to the ‘‘Emergency management planning may reuse any budget authority, in whole or No. 420 proposed by Mr. HATFIELD to and assistance’’ appropriation for flood miti- part, that is recaptured on account of termi- the bill H.R. 1158, supra; as follows: gation expenses pursuant to the National nation of a housing assistance payments con- At the end of the pending amendment add Flood Insurance Reform Act of 1994. tract (other than a contract for tenant-based the following: March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4833 TITLE —DEFICIT REDUCTION The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without DOWNWARD ADJUSTMENTS IN DISCRETIONARY objection, it is so ordered. objection, it is so ordered. SPENDING LIMITS COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE SEC. 01. Upon the enactment of this Act, RESOURCES Mr. HATFIELD. Mr. President, I ask the Director of the Office of Management Mr. HATFIELD. Mr. President, I ask unanimous consent that the Select and Budget shall make downward adjust- unanimous consent that the Commit- Committee on Intelligence be author- ments in the discretionary spending limits tee on Energy and Natural Resources (new budget authority and outlays) specified ized to meet during the session of the in section 601(a)(2) of the Congressional be granted permission to meet during Senate on Wednesday, March 29, 1995 at Budget Act of 1974 for each of the fiscal years the session of the Senate on Wednes- 2 p.m. to hold a closed hearing on Intel- 1995 through 1998 by the aggregate amount of day, March 29, 1995, for purposes of con- ligence matters. estimated reductions in new budget author- ducting a full committee business The PRESIDING OFFICER. Without ity and outlays for discretionary programs meeting which is scheduled to begin at objection, it is so ordered. resulting from the provisions this Act (other 9:30 a.m. The purpose of this meeting is SUBCOMMITTEE ON AIRLAND FORCES than emergency appropriations) for such fis- to consider pending calendar business. Mr. HATFIELD. Mr. President, I ask cal year, as calculated by the Director. The PRESIDING OFFICER. Without unanimous consent that the Sub- PROHIBITION ON USE OF SAVINGS TO OFFSET objection, it is so ordered. DEFICIT INCREASES RESULTING FROM DIRECT committee on Airland Forces of the SPENDING OR RECEIPTS LEGISLATION COMMITTEE ON FINANCE Committee on Armed Services be au- SEC. 02. Reductions in outlays, and re- Mr. HATFIELD. Mr. President, I ask thorized to meet at 2 p.m. on Wednes- ductions in the discretionary spending limits unanimous consent that the Finance day, March 29, 1995, in open session, to specified in section 601(a)(2) of the Congres- Committee be permitted to meet receive testimony on tactical aviation sional Budget Act of 1974, resulting from the Wednesday, March 29, 1995, beginning issues in review of the defense author- enactment of this Act shall not be taken at 9:30 a.m. in room SD–215, to conduct ization request for fiscal year 1996 and into account for purposes of section 252 of a hearing on welfare reform. the future years defense program. the Balanced Budget and Emergency Deficit The PRESIDING OFFICER. Without Control Act of 1985. The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS MCCAIN AMENDMENT NO. 424 SUBCOMMITTEES ON HOUSING OPPORTUNITY AND Mr. HATFIELD. Mr. President, I ask COMMUNITY DEVELOPMENT AND HUD OVER- Mr. MCCAIN proposed an amendment unanimous consent that the Commit- SIGHT AND STRUCTURE to amendment No. 420 proposed by Mr. tee on Foreign Relations be authorized Mr. HATFIELD. Mr. President, I ask HATFIELD to the bill H.R. 1158, supra; as to meet during the session of the Sen- unanimous consent that Subcommit- follows: ate on Wednesday, March 29, 1995, at tees on Housing Opportunity and Com- On page 4, line 20, strike ‘‘$1,500,000’’ and 10:30 a.m. to hold a hearing on consid- munity Development and HUD Over- insert ‘‘$14,178,000’’. eration of ratification of the START II sight and Structure, of the Committee On page 5, between lines 8 and 9, insert the Treaty. on Banking, Housing, and Urban Af- following: The PRESIDING OFFICER. Without fairs be authorized to meet during the BUILDING AND FACILITIES objection, it is so ordered. session of the Senate on Wednesday, (RESCISSION) COMMITTEE ON FOREIGN RELATIONS March 29, 1995, to conduct a hearing on Of the funds made available under this Mr. HATFIELD. Mr. President, I ask HUD reorganization. heading in Public Law 103–330 and other unanimous consent that the Commit- The PRESIDING OFFICER. Without Acts, $2,994,000 are rescinded. objection, it is so ordered. On page 19, line 12, strike ‘‘$11,350,000’’ and tee on Foreign Relations be authorized insert ‘‘$8,250,000’’. to meet during the session of the Sen- SUBCOMMITTEE ON SUPERFUND, WASTE CONTROL On page 19, strike lines 20 through 23. ate on Wednesday, March 29, 1995, at 2 AND RISK ASSESSMENT p.m. to hold a hearing on market re- Mr. HATFIELD. Mr. President, I ask PRESSLER (AND OTHERS) form in New Zealand. unanimous consent that the Sub- AMENDMENT NO. 425 The PRESIDING OFFICER. Without committee on Superfund, Waste Con- objection, it is so ordered. trol, and Risk Assessment be granted Mr. PRESSLER (for himself, Mr. COMMITTEE ON INDIAN AFFAIRS permission to meet Wednesday, March THOMAS, and Mr. SIMPSON) proposed an 29, at 9 a.m. to conduct an oversight amendment to amendment No. 420 pro- Mr. HATFIELD. Mr. President, I ask unanimous consent that the Commit- hearing on the Comprehensive Environ- posed by Mr. HATFIELD, to the bill H.R. mental Response, Compensation, and 1158, supra; as follows: tee on Indian Affairs be authorized to meet on Wednesday, March 29, 1995, be- Liability Act [CERCLA]. At the appropriate place insert the follow- ginning at 10:30 a.m., in room 485 of the The PRESIDING OFFICER. Without ing: Russell Senate Office Building on S. objection, it is so ordered. SEC. . RENEWAL OF PERMITS FOR GRAZING ON NATIONAL FOREST LANDS. 325, a bill to make certain technical f Notwithstanding any other law, at the re- corrections in laws relative to native quest of an applicant for renewal of a permit Americans, and for other purposes; S. ADDITIONAL STATEMENTS that expires on or after the date of enact- 441, a bill to reauthorize Public Law ment of this Act for grazing on land located 101–630, the Indian Child Protection in a unit of the National Forest System, the and Family Violence Prevention Act; DR. JOHN BRADEMAS ON THE FU- Secretary of Agriculture shall reinstate, if S. 349, a bill to reauthorize appropria- TURE OF THE NEW YORK STATE necessary, and extend the term of the permit tions for the Navajo-Hopi Relocation ECONOMY until the date on which the Secretary of Ag- riculture completes action on the applica- Housing Program; S. 510, a bill to ex- ∑ Mr. MOYNIHAN. Mr. President, dur- tion, including action required under the Na- tend the reauthorization for certain ing the past year, NYNEX, a major tional Environmental Policy Act of 1969 (42 programs under the Native American telecommunications company head- U.S.C. 4321 et seq.). Programs Act of 1974, and for other quartered in New York State, has spon- f purposes; and to approve the Commit- sored a series of ‘‘Agenda For Growth’’ tee’s Budget Views and Estimates. conferences on the future of the econ- AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without omy of the State. MEET objection, it is so ordered. Keynoting the last of this series was COMMITTEE ON ARMED SERVICES COMMITTEE ON LABOR AND HUMAN RESOURCES Dr. John Brademas, president emeritus Mr. HATFIELD. Mr. President, I ask Mr. HATFIELD. Mr. President, I ask of New York University, who before unanimous consent that the Commit- unanimous consent that the Commit- joining the university in 1981, served tee on Armed Services be authorized to tee on Labor and Human Resources be for 22 years in the U.S. House of Rep- meet at 10 a.m. on Wednesday, March authorized to meet for an executive resentatives. 29, 1995, in executive session, to con- session, during the session of the Sen- Cosponsors with NYNEX of the Feb- sider certain pending military nomina- ate on Wednesday, March 29, 1995 at ruary 15, 1995, meeting were the Busi- tions. 9:30 a.m. ness Council of New York State, Inc., S 4834 CONGRESSIONAL RECORD — SENATE March 29, 1995 and the New York City Partnership/ role as highly concentrated command cen- As a former university president, I cannot New York Chamber of Commerce and ters for operations that are worldwide. Not fail to add that New York City’s intellectual Industry, Inc. surprisingly, cities have concomitantly be- capital is in large measure the product of the I believe many of my colleagues in come critical locations for finance and spe- presence of a rich mixture of colleges, uni- cialized services. both Houses of Congress will find Dr. versities and research institutes. More than All these functions have influenced im- 100 institutions of higher education are lo- Brademas’ analysis of interest, and I measurably both international economic ac- cated here, situated in all parts of the city. ask that the text of his remarks be tivity and urban development. One result is Unlike so many cities where one or two col- printed in the RECORD. the emergence of ‘‘the global city,’’ with leges and universities dominate, New York is The remarks follow: New York a primary example. The scope and home to nearly every type of educational in- AGENDA FOR GROWTH: NYNEX CONFERENCE character of the New York area economy are stitution: theological seminaries, two- and ON THE FUTURE OF THE NEW YORK STATE more and more defined by its role in the four-year colleges and health care centers world marketplace. ECONOMY and research universities of international Beyond understanding New York’s place on I am honored to have been asked to open distinction. the international stage, we must appreciate this conference on ‘‘The Future of the New Indeed, what helps make New York so spe- a second fundamental factor. The principal York Economy,’’ and I congratulate Dick reason for the strength of the New York re- cial is that the students who attend college Jalkut, President and Group Executive of gion in the world economy is that it is the and professional schools in New York City NYNEX Telecommunications, on the con- center for the creation and sophisticated ap- often settle here and replenish our intellec- tribution the ‘‘Agenda for Growth’’ series plication of intellectual capital. tual capital. Our colleges and universities represents to understanding important is- For during the past century, the New York are magnets that draw people to New York sues facing our city and region. economy has evolved from one dependent on who then launch their careers here, provid- At the outset, let me note that I have manufacturing to one based on a concentra- ing a new stream of talent for both the pri- served on the Board of Directors of NYNEX tion of Fortune 500 headquarters, corporate vate and non-profit sectors. since 1991 and have greatly enjoyed the op- R&D facilities, advanced business services in I must make another point. The intellec- portunity to work with Dick and the other finance, law, advertising and management tual capital sector encompasses not only the outstanding leaders of NYNEX. and the world’s leading cultural institutions world’s largest corporations and financial in- Today, I’ll speak to you from the perspec- and media firms. stitutions but also the small companies and tive of someone who served twenty-two years Indispensable to all these activities is what manufacturing firms that pioneer cus- as a Member of Congress, from Indiana; for I’m calling ‘‘intellectual capital’’—the indi- tomized products and services. Recent stud- eleven years, as President of the nation’s viduals and industries that develop new ies have underscored the importance of nim- largest private university, New York Univer- products and services, apply technology in sity; and as a former chairman of the Board ble, skilled small businesses as a significant innovative ways, generate new marketing of the Federal Reserve Bank of New York. part of the job creation process in the New concepts and techniques, design new fash- Among other current responsibilities, I’m York area. ions, create new forms of music and art and serving as chairman, by appointment of How then can we strengthen our base for produce the information and entertainment President Clinton, of the President’s Com- the years ahead, to assure that we retain mittee on the Arts and the Humanities and that are distributed across the nation and both our role as a global city and our invest- also chair the National Endowment for De- the world. ment in intellectual capital? mocracy. Indeed, as several recent news accounts Here are a few suggestions. So from this general background, I want to have noted, the richness of its intellectual First, we must recognize that we’re fash- join you in considering prospects for the fu- capital sector makes New York an incubator ioning an agenda for growth at a time of ture of New York City and the surrounding for a host of new multimedia start-ups which major political change, and as you and I area and ways of strengthening our economy thrive on the vibrance of the arts—painters, know, decisions at every level of government in the years ahead. musicians, writers, filmmakers—and pro- have an impact on the economy. As we all know, the economic recovery of vides innovative content for communica- New leadership in both the United States tions, advertising and publishing conglom- the metropolitan region has lagged that of Senate and House of Representatives, a sub- erates headquartered in the region—Time the entire nation. We know, too, that recent stantial number of members wholly new to Warner, Sony, Hearst, Viacom, Bertelsman, changes in political leadership at the city, the legislative process, shifting committee ABC, CBS and NBC. As the New York area state, and national levels have added a new jurisdictions and, above all, a President and also offers comprehensive venture capital dimension of uncertainty to the economic Congress sharply divided by party mean a set and financial services, the remaining re- outlook for New York. of forces that may take Federal policy in di- sources essential to creative development How, in this context, do we nurture the rections that depart radically from the past. unique strengths of the metropolitan region are right here. And New York’s intellectual capital sector Similarly, this year, we have had a change of and nourish its preeminent role in the inter- party in the Governor’s office in New York national marketplace? is more and more the primary pulse of the region’s strength. The performance of indi- State, and last year, in the Mayor’s office in How, as it were, do we develop an agenda City Hall. for prosperity? vidual facets of the sector may fluctuate The Congressional Budget Office estimates To respond to these questions, we must over time but taken as a whole, the intellec- that reductions in Federal grants to New first understand the dynamic that drives the tual capital sector will be the lead generator York State in the Republican ‘‘Contract New York economy and then consider the of income and employment for the future of With America’’ would total $26.4 billion a challenges that require our efforts. The par- this region. We must, therefore, nurture this year. Such cuts would affect every aspect of ticipants in this conference will offer many unique resource so that the New York metro- insights. Let me offer some initial observa- politan area can respond to change with life in the city, from transportation to edu- tions. state-of-the-art capabilities. We cannot af- cation, and particularly health care, which Point number one. New York’s economic ford to cede fields of specialization over time accounts for over 12% of employment and future lies in fundamental changes in the to our national and international rival wages in the metropolitan region. international economy. Technological ad- cities. From Albany, Governor Pataki wants to vances propelling us into the 21st century As we meet today in a hotel close to Times reduce state aid to the city by $158 million are redefining the competitive landscape of Square, I observe that tourism—New York for the City University of New York, $128 the entire world. National borders and politi- style—also depends on intellectual capital. million for the MTA and nearly $2 billion cal ideologies no longer determine patterns Business travelers come to New York in from Medicaid and welfare. of global trade and the movement of capital. search of the ideas and specializes informa- From City Hall, Mayor Giuliani announced We have entered an era characterized by a tion most easily obtained through face-to- yesterday $600 million in cuts in city agen- combination of intense competition and face contact. Other visitors come for the cies. interdependence. city’s cultural life, its restaurants and retail Clearly a concern that underlies all discus- Two of President Clinton’s actions this stores. sion of spending cuts—Federal, state or month dramatically underscore what Sec- Walk just a few blocks from here and you local—is the impact on the poor in the city. retary of the Treasury Robert Rubin has de- can see how New York City blends culture, Although the widening gap between rich and scribed as the ‘‘interconnectedness’’ of the entertainment and tourism in new and cre- poor in New York City is not the subject of world economy: the Mexican rescue package ative ways. Leading entertainment compa- this conference, I believe that effectively ad- and sanctions on China. nies, like Disney, Viacom and Virgin dressing this complex issue is essential to This changing structure of the inter- Records, are revitalizing historic theaters on the long-term social stability and economic national economy profoundly affects the life 42nd Street. This development has been made health of our city and region. of major cities like New York. Why? The dis- possible, in part, through the impressive A second item on our agenda for growth: persal of economic activity around the globe work of the Times Square Business Improve- We must not only sustain but substantially has created a corresponding need for organi- ment District which has made the entire the- improve the infrastructure that supports zational coordination in a few key sites. So ater district attractive to visitors from New York’s economy and its reservoir of in- cities are increasingly taking on a strategic around the world. tellectual capital. By infrastructure, I mean March 29, 1995 CONGRESSIONAL RECORD — SENATE S 4835 the capacity to move goods, people and infor- The public school system is nevertheless Indeed, it is awareness of the importance mation. being asked to do much more with substan- of such cross-cutting relationships that The Port Authority of New York and New tially less. As Robert Berne, Dean of NYU’s caused the Carnegie Corporation of New Jersey, under the sagacious leadership of Robert F. Wagner Graduate School of Public York to make a grant to New York Univer- Stanley Brezenoff, undertook major im- Service, has warned, the proposed freeze in sity to organize this year a series of three provements in the region’s airports. We must state aid to New York City schools rep- colloquia on science, technology and govern- continue these efforts while dramatically en- resents a substantial cut in funding because ment. Scientists and engineers, business ex- hancing ground access to our airports. In- our school population is increasing by ap- ecutives and government leaders will join deed the regional public authorities should proximately 20,000 students every year. And scholars from New York University, other start planning the transportation systems Mayor Giuliani’s announcement yesterday area universities and the New York Academy necessary for the next century. While mak- that the deepest reductions in his budget of Sciences to take part in sessions on three ing better use of the existing transportation will fall on the City’s public schools only in- major topics—biotechnology, telecommuni- tensifies the problem. infrastructure, we must also link inner-city cations and science and environmental jour- Without a strong school system, we will residents to jobs in outlying areas and find nalism. Experts from New York, New Jersey ways of connecting suburban communities not be able to produce a skilled workforce, and Connecticut as well as city, state and directly to downtown Manhattan. one able to compete in today’s job market. Federal officials will discuss the implica- The other element of infrastructure indis- As entry-level jobs demand higher technical tions for the tri-state economy of advances pensable to intellectual capital is tele- skills, we must design our high school pro- in science and technology and of decisions by communications. Put simply, the metropoli- grams to meet the requirements for employ- public policy-makers. tan area can function as a global city only ment in the 21st century. with a telecommunications capability sec- In addition to education, other components Let me conclude this analysis by suggest- ond to none. For there is a synergistic rela- crucial to the creative milieu that defines ing some questions for this distinguished tionship between unending demands for ever New York are arts and other cultural insti- panel to consider. It is, in my view, impera- more sophisticated services and the push for tutions. The arts are a $9 billion industry in tive that the business community, along breakthrough technology and systems to this region, an essential asset to tourism with civic and community groups, be in- meet those demands. which in turns generates $20 billion of re- volved in shaping the agenda for the eco- Driven by data and communication re- gional economic activity. The Metropolitan nomic growth of the city. In doing so, there quirements for managing international oper- Museum of Art, for example, is the city’s sin- will be difficult choices among competing ations from corporate headquarters and con- gle largest tourist attraction, with 4.6 mil- priorities. Let me illustrate. ducting complex financial transactions lion visitors annually, nearly one million of First, sustaining the infrastructure of the around the world, New York has emerged as whom are from outside the country. New York City region will require large- the central nervous system for the global As a recent report, The Arts As An Indus- scale public investments. Which ones? Here’s network of the most advanced information try, issued by the Port Authority of New an example: Should we renovate Yankee Sta- technology anywhere. York and New Jersey, stated: dium, improve access to the airports or ex- New York City resembles a giant switch- ‘‘The arts and the people who create, pand the Jacob Javits Convention Center? board: Electronic messages are constantly present, and market them are a critical com- A still broader question here: How to link flowing in, through and out of the city’s of- petitive advantage that New York and its our economic development strategy for job fice towers and stock exchanges. Modern suburbs have over our national and inter- creation to our investments in infrastruc- telecommunications systems have enhanced national competitors for survival in the next ture? century . . . But . . . the most important the city’s capacity to put information to Second, we must support the institutions role the arts play in the life of the region is work, converting ideas and data into new that nourish our base of intellectual capital. not related to its economy but to its very products and services that are distributed How? electronically around the world. sense of itself.’’ I speak to this matter with particular in- To meet the demands of a changing econ- Indeed, New York is the leading source of terest as Chairman of the President’s Com- omy, we must modernize our public schools. content for books, magazines, newspapers, mittee on the Arts and the Humanities, and What is the role of the business sector here? radio, television and eventually for the I express serious concern about the uncer- Of our colleges and universities? Internet. Within just one mile of this motel tain future of Federal support for the arts, Again, can our institutions of higher edu- are the headquarters of the nation’s largest the humanities and museums. Proposed cation forge connections with business and television and radio networks, leading pub- budget cuts would have a deeply damaging industry to the advantage of both? Can, for lishing companies and major sources of cable impact nationwide, for the arts, humanities example, the city’s medical schools collabo- television programs. and museums are vital to the economy of rate more closely with the region’s pharma- As the global market for information and every state and every local community. Non- ceutical firms to build a stronger biotech in- entertainment expands, New York’s commu- profit arts institutions alone generate $36 dustry? nications industry will become even more billion in economic activity annually. They I have spoken of the arts, one of New important. Only last week, MTV, a division support 1.3 million jobs and generate $3.4 bil- York’s greatest assets. How can we assure fi- of Viacom, headquartered just four blocks lion in Federal tax revenues. Investment in nancial support, both public and private, of from here, announced the launch of a music the arts and the humanities is good business. our cultural institutions in ways that reflect television channel in South Africa, the first Support for the National Endowments for their importance to our economic future? American broadcaster to establish a network the Arts and the Humanities is so small— What initiatives, public and private, are in South Africa since the new, post-apart- only $.64 per person a year for each Endow- necessary to attract and retain artists, writ- heid government opened the state-controlled ment—yet it is indispensable seed money. airwaves to private enterprise. ers and the entrepreneurs of New York’s Every Federal dollar leverages an average of emerging multimedia industry? New York is—literally—spanning the $11 more from private, state and local world! Third, can we explore opportunities for sources, and without Federal support, there more public-private partnerships? Their suc- Let me turn from physical infrastructure is no serious prospect that private funds will to the foundation of New York’s intellectual cess in renewing Union Square, Bryant Park fill the resulting gap or that state and local and downtown Brooklyn demonstrates that capital sector—people. New York City has a governments will be able to do so. the quality of life in New York can be en- larger number and wider diversity of bril- And what would be the impact of threat- hanced if business and government work to- liant, talented, motivated men and women ened cuts on New York City where culture is gether. than any other urban area in the world. It is an integral part of our tourist industry? this intellectual firepower that in large part Now in defining the context for ‘‘an agenda How can we stimulate jobs and economic makes New York New York and is so attrac- of growth’’ for the New York Area, I have development in low income communities and tive to international business. made two assertions: invent more effective approaches to the de- Two forces are critical to invigorating the (1) New York’s future is linked to the livery of public services? environment necessary for constant renewal international economy; and We all know that privatization is now in of our creativity and expertise: education (2) Our unique source of strength is intel- fashion but we must ask exactly what gov- and the arts. Let me elaborate. lectual capital. ernment functions should be privatized and The employment requirements of the New I must add a third factor: (3) We must more the effect of privatization on the delivery of York metropolitan region are increasingly aggressively encourage communication and services. characterized by the sophisticated, cos- cooperation between and among the business We know, too, that government tax, spend- mopolitan nature of the intellectual capital sector; our educational institutions, espe- ing and regulatory policies will continue to sector. cially higher education; and government at influence the agenda for the economic I have earlier spoken of the crucial role every level. growth of New York. The entire range of is- our post-secondary educational institutions The prevailing political winds can set a sues that affect the economy—and society play in luring people here for their studies new course for the relationship between gov- generally—is, of course, in a democracy, the and careers. Yet no challenge is greater for ernment and business. The profit-making stuff of politics. New York City than to reaffirm the priority sector and our colleges and universities can Now I have not today attempted to be ex- of good elementary and secondary schools. find new ways of working with one another. haustive in my comments, but instructive. I S 4836 CONGRESSIONAL RECORD — SENATE March 29, 1995 would, however, insist that in a modern, est identifiable Muslim-American commu- March 30, 1995; that following the pray- complex society like ours, there are roles for nity, explained recently that: ‘‘Islam insists er the Journal of proceedings be both private and public sectors. And if I have that the best human behavior be dem- deemed approved to date, the time for said anything useful, it is to stimulate more onstrated even when engaging an enemy in communication and cooperation between the war, Our Prophet Muhammed (prayers and the two leaders be reserved for their two. peace be on him) ordered that civilians not use later in the day, and the Senate The rapidity of scientific and technological be made the victims of war. He (the Prophet) then proceed to a period of morning change imposes new burdens on leaders of cautioned the Muslims to take care not to business not to extend beyond the hour business to remain competitive and on gov- attack those who were not bearing arms of 10:15 a.m., with Members recognized ernment policy-makers to serve the pubic in- against them. Islam and the Prophet’s life to speak for up to 5 minutes each, with terest. require of us that we uphold justice and be a the following exceptions: Mr. For all these reasons, I applaud NYNEX for peace-seeking people.’’ COVERDELL, 10 minutes; Mr. CAMPBELL, bringing together these distinguished leaders Muslims are guided and obligated by the from various fields to discuss the future of Qur’an, which reveals to us that we must not 10 minutes; Mr. THOMAS, 5 minutes; Mr. our region. wage war for self-interest, material gain, or COHEN, 10 minutes; Mr. KERREY, 15 min- I conclude with the words of that great mere retaliation. Muslims are to fight or utes. conservative, Edmund Burke: wage war only when someone hinders them The PRESIDING OFFICER. Without ‘‘The public interest requires doing today from the worship and work of God. And when objection, it is so ordered. those things that men [today, he would add, we fight, we must reject barbaric methods of ‘‘and women’’!] of intelligence and goodwill warfare and doing any harm to women, chil- f would wish, five or ten years hence, had been dren, the elderly, the sick or wounded, and done.’’∑ even to animals or vegetation. ORDER OF PROCEDURE f Muslims are commanded by God to do jus- Mr. PRESSLER. I ask unanimous A MUSLIM VOICE AGAINST tice to all, irrespective of whether they are consent that following the confirma- friend or enemy, under all circumstances. TERRORISM tion of Mr. Glickman and resuming leg- ∑ Mr. SIMON. Mr. President, recently, God says in the Qur’an, ‘‘O you who believe! Stand out firmly for justice even as against islative session, the Senate then re- in Tikkun, a journal that comments on sume consideration of H.R. 1158, and political and religious affairs from the yourselves or your parents or your kin, and Jewish perspective, I saw a comment whether it be (against) rich or poor.’’ (4:135) the democratic leader be recognized to under the title ‘‘A Muslim Voice ‘‘O you who believe! Stand out firmly for offer an amendment. Against Terrorism’’ by Iman Plemon T. God as witnesses to fair-dealing, and let not The PRESIDING OFFICER. Without El-Amin. He is an assistant to Iman the hatred of others to you make you swerve objection, it is so ordered. Warith Deen Mohammed, and the jour- to wrong and depart from justice. Be just, nal comments: ‘‘While Louis that is next to piety. And be regardful of f Farrakhan tends to be portrayed in the God, for God is well-acquainted with all that media as the dominant voice of Islam you do.’’ (5:9) PROGRAM in the United States, Warith Deen Mo- The definition of jihad is not Holy War, nor can it be used to justify terrorism. Imam W. Mr. PRESSLER. Under a previous hammed represents a significantly order, at 10:15 a.m. the Senate will re- large following. This statement about Deen Mohammed has stated that ‘‘Jihad Islam should be read by all those who means struggle in everything that God has sume executive session for 10 minutes claim that they never hear Islamic established for Muslims to do. The emphasis of debate on the nomination of Daniel leaders speaking out against Hamas vi- on jihad in the Qur’an and in the life of Glickman to be Secretary of Agri- olence.’’ There is a tendency, in the Prophet Muhammed was not for the purpose culture. Therefore, a rollcall vote will United States, and particularly in our of conquering lands or overthrowing nations, occur on the confirmation of Mr. media, to identify the word Moslem it was for the purpose of liberating the high- Glickman at 10:25 a.m. with the word radical or fundamental- er instincts, the higher aspirations in man.’’ Cowardly acts of terrorism upon innocent For the information of all Senators, ist, so you constantly read about Mos- a vote will occur at 10:15 a.m. on the lem radicals or Moslem fundamental- men, women, and children is not a doorway ists; and there is not an awareness that to Heaven, but a gateway to Hell. Blind ag- nomination of Mr. Glickman, and the most Moslems practice their religion gression and retaliation are sins, and as Mus- Senate will then resume the supple- in a responsible way, just as most lims we reject these practices by our selves, mental disaster assistance bill. There- Christians and Jews and people of our kin, our foes, the rich, or the poor. Past fore, votes can be expected to occur other beliefs do. and recent acts of terrorism that victimize throughout Thursday’s session of the The United States is becoming more innocent human beings, such as the World Senate. The Senate will also be asked and more a pluralistic society with Trade Center bombing, the mosque assault by Baruch Goldstein, and the recent suicide to remain is session into the evening people of many religious beliefs con- on Thursday in order to complete ac- tributing to enriching our society. bombing in Tel Aviv are deplored by our Among those whose numbers have community and must be condemned by all tion on the appropriations bill. grown significantly in the last decade God-conscious and civilized communities, f are Moslems and Buddhists. both Muslim and others. We must all stand The statement by Imam Plemon T. up for peace and toleration. Among both the Palestinians and the Israelis are those guilty RECESS UNTIL 9:20 A.M. El-Amin is a good antidote for those TOMORROW who see Moslem voice only in forms of and responsible for the many women and extremism. children left maimed and dead. Each side has Mr. PRESSLER. Mr. President, if I ask that the statement be printed produced both perpetrators of violence and there be no further business to come in the RECORD. victims of injustice. before the Senate, I now ask that the The statement follows: In Islam, one injustice, or even many, does not justify another. Man’s law and rule has Senate stand in recess under the pre- [From Tikkun, Vol. 10, No. 2] failed both peoples. It is time to embrace the vious order. A MUSLIM VOICE AGAINST TERRORISM law and rule of God, especially since both There being no objection, the Senate, (By Plemon T. El-Amin) people identify themselves as people who at 7:06 p.m., recessed until Thursday, Muslim voices against terrorism have not hold the rule of God above the law of man. March 30, 1995, at 9:20 p.m.. been silent, but it is the trend, perhaps even The voice of the Muslim is not mute. Our f the policy of major media, to downplay the voice is that of the Qur’an, and the life of the voice of reason, the voice of faith, and the Prophet Muhammed. Both ring with clarity voice of principle, in favor of the shouts of that peace is to be loved and sought, and ter- NOMINATION the extreme, the wails of the grief-stricken, rorism is to be hated and rejected.∑ Executive nomination received by and the threats of the treacherous. The f the Secretary of the Senate after the voices of peace, justice, mercy, and tolerance recess of the Senate on March 28, 1995, are not difficult to find among Muslims and ORDERS FOR THURSDAY, MARCH Islamic media, who consistently denounce 30, 1995 under authority of the order of the acts of terrorism and reject them as illegit- Senate of January 4, 1995: Mr. PRESSLER. I ask unanimous imate and unacceptable Islamic strategies or CENTRAL INTELLIGENCE methods. consent when the Senate completes its business today, it stand in recess until JOHN M. DEUTCH, OF MASSACHUSETTS, TO BE DIREC- Imam W. Deen Mohammed, internationally TOR OF CENTRAL INTELLIGENCE, VICE R. JAMES WOOL- and nationally recognized leader of the larg- the hour of 9:20 a.m. on Thursday, SEY, RESIGNED. March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 711 EXTENSIONS OF REMARKS

TRIBUTE TO ATKINSON HIGH In addition, Ms. Kornegay continues her ap- contaminating our surface and ground water. It SCHOOL REBELS pointment to the New Jersey Supreme Court's is an environmental and human health deba- Attorney Ethics Committee, as well as her cle of Third World proportions that threatens HON. SAXBY CHAMBLISS elected position as secretary to the New Jer- the health of millions of people. OF GEORGIA sey Risk Management Association and serves In Nogales, AZ, as well as in many of the on its executive board. She is also a member IN THE HOUSE OF REPRESENTATIVES border regions of Texas, California, and New of the board of trustees of the Ensemble The- Mexico, the geography is such that the rivers Tuesday, March 28, 1995 atre Company. and streams flow north. Many times, these Mr. CHAMBLISS. Mr. Speaker, the Atkinson A graduate of Rutgers University, she re- ``rivers'' are nothing more than dry washes High School Rebels, of Pearson, GA, captured ceived a Bachelor of Arts Degree with high that run with water only during storms or when their first Georgia State Basketball Champion- honors in political science and urban studies. effluent is discharged. The Nogales Wash, ship in school history, 71 to 64, over Decatur A member of the alumni association of Rut- which runs through the center of the town, is in the 1995 Class A boys title game on Sun- gers University College and Alpha Sigma typical of these bodies of water. Nogales, AZ day, March 11. The Rebels played inspired Lamba-Beta Zeta Chapter Honor Society, she is a small town of approximately 25,000 peo- remains actively involved with Rutgers Alumni basketball despite the loss of someone very ple. It's sister city in Mexico, Nogales, Sonora, projects. She has the distinction of being the dear to the team and community. Ralph Fos- contains between 250,000 to 300,000 per- first student at Rutgers to receive a certificate ter, former pastor of Pearson Methodist sons. The two cities are linked by family ties, Church, was a tremendous influence on a in public Administration. She received her certification from the cer- a common heritage and language, and a team destined to win the State title. The shared environment. Unfortunately, a lack of Rebels rallied around the loss of Foster as tified manager's program through the New Jer- sey Department of Personnel and Rutgers infrastructure in Nogales, Sonora has turned they dedicated the season and State cham- the Nogales Wash into what the Arizona Re- pionship to the late pastor and presented Mrs. University. She also completed the associate in risk management courses at Seton Hall Uni- public described in a February 1994 article as Velma Foster with the trophy following the ``an open drainage ditch that carries industrial championship game. Coach Mike Putman has versity. A lifetime resident of Newark, Ms. Kornegay runoff and sewage right through the down- helped to build the character and work ethic town'' of Nogales, AZ. necessary for these young athletes to succeed has two children, Janine and Michael. While an international waste water treatment in life as well as the basketball court. Tough I know that my colleagues here in the U.S. plant, operated through a binational agree- defense along with a balanced scoring attack House of Representatives join me in congratu- ment between the Mexico and United States were key ingredients as this group exemplified lating Ms. Kornegay and wishing her all the sections of the International Boundary and commitment to the team effort. The good peo- best as she moves on to the next phase of Water Commission [IBWC], treats sewage ple of the Eighth District are proud of these her life. May she enjoy new pursuits in the young athletes and their ability to set and stay many fulfilling and happy years ahead. from both Nogales, Sonora and Nogales, Mex- focused on their goals during a time of great f ico, the plant is near capacity and often ex- ceeds capacity during storms. Since 1990, for adversity. We salute their efforts and con- INTRODUCTION OF THE UNITED gratulate their accomplishments. 24 hours a day, 7 days a week, chlorine has STATES-MEXICO BORDER WATER been added to the wastewater in the Nogales f POLLUTION CONTROL ACT AND A Wash to kill the fecal bacteria. Yet, petroleum BILL TO PROVIDE ASSISTANCE products and other industrial chemicals con- TRIBUTE TO MARY CREWS FOR U.S. COLONIAS KORNEGAY tinue to pollute the wash. In 1991, the wash, HON. ED PASTOR which runs by homes, businesses, and school HON. DONALD M. PAYNE bus stops, actually caught fire. Once again, OF ARIZONA Mr. Speaker, I am not describing some impov- OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES erished developing nation, but a thriving city in IN THE HOUSE OF REPRESENTATIVES Tuesday, March 28, 1995 the United States. Tuesday, March 28, 1995 Mr. PASTOR. Mr. Speaker, today I am intro- Recent studies by the University of Arizona Mr. PAYNE of New Jersey. Mr. Speaker, I ducing legislation to amend the Clean Water and the Arizona Department of Health Serv- am pleased to ask my colleagues to join me Act to provide a basic level of protection to ices found that rates of lupus in Nogales, AZ in recognizing the accomplishments of a tal- human health and the environment for millions are 4.5 times the national average. The rates ented and dedicated professional, Mary Crews of United States citizens who live along our of leukemia and multiple myeloma cancer Kornegay, who is retiring after many years of border with Mexico. were also found to be several times higher outstanding public service to the city of New- Specifically, the bill authorizes the Environ- than the national average. While no evidence ark, NJ. mental Protection Agency [EPA] to provide fi- directly linking these abnormally high rates of Ms. Kornegay, embarked on her career with nancial and other assistance to the Border En- disease to the pollution problems of Nogales the city on November 22, 1960, during the ad- vironmental Cooperation Commission [BECC], has been found, there is a strong suspicion ministration of Mayor Leo P. Carlin, when she the International Boundary and Water Com- that such is the case. The report by the Uni- assumed the position of clerk stenographer. mission [IBWC], and other appropriate State, versity of Arizona found that the incidence of Her ability was quickly recognized, resulting in Federal, or local governmental agencies for lupus increased among residents living near a series of promotions to other positions: Prin- the construction of waste water treatment fa- the Nogales Wash, and the Department of cipal stenographer, deputy municipal court cilities in the vicinity of the United States-Mex- Health Services stated that there is ``strong clerk; private secretary to the corporation ico border. evidence'' that the high rate of lupus is a re- counsel, chief clerk, office supervisor; and her Simply put, Mr. Speaker, this legislation will sult ``complex environmental exposures.'' present position, executive assistant, law de- save lives. The problems of Nogales, AZ are, unfortu- partment. In addition, she serves as the sec- More than 9 million people live within 65 nately, not unique to that city. Towns and mu- retary to the city of Newark Insurance Fund miles of the 2,000-mile-long United States- nicipalities along the border, from San Diego, Commission. Ms. Kornegay has served as Mexico border. Rapid population growth on CA to Brownsville, TX are experiencing similar chairwoman on the City's Employees Recogni- both sides of the border in conjunction with environmental nightmares that demand atten- tion Awards Committee since its inception. In relatively unplanned development in Mexico, tion from the Federal Government. Clearly, it addition, she serves on the Safety Committee, have overwhelmed the existing wastewater in- is the Federal Government's responsibility to the Americans with Disabilities Act Committee frastructure in the region. The net result is raw ensure that a U.S. city is not adversely im- and the Fleet Safety Board. sewage flowing into the United States and pacted by waste products emanating from a

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 712 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 foreign national. Let me be clear, Mr. Speaker, year the Delphos Herald in Delphos, OH, cele- children: Joanne, Claudia Marie, Monica and in stating that the purpose of this legislation is brates its 125th year of publication. The city of Paul Leon. In 1958, they purchased the John to solve environmental crises that, while bina- Delphos is a community renowned for its civic Smolenski Funeral Home in Greenpoint, tional in nature, are adversely impacting com- pride and commitment to service. The paper Brooklyn and became active members of the munities in the United States. This is not pub- has through the years epitomized this out- SS. Cyril and Methodius Parish. lic works legislation for Mexico, but a public standing quality. Leon is also an active member of many health bill for the United States. For the first quarter century, the Herald was other organizations, including the Veterans of With the creation of the North American De- a weekly paper. Its first editor in 1869 was Foreign Wars, the American Legion, the Polish velopment Bank [NADBANK] and the Border David H. Tolan, and it was independent in its legion of American Veterans, the Fidelity Environmental Cooperation Commission, we politics until 1877. After that, historical records Council of the Nights of Columbus, the have begun the process of solving indicate the Courant, a Herald rival, was con- Kosciuszko Foundation, the Smolenski Demo- transboundary environmental problems in a bi- sidered the Republican newspaper while the cratic Club and the Green Oaks Citizen's national manner. As the Federal agency with Herald the Democrats'. Later both became Club. He is also a director of the Polish and the primary responsibility for protecting human nonpartisan and both served the community Slavic Center, an organization of over 35,000 health and the environment, it is only proper until 1961. In that year, the Herald was sold to members located in his beloved Greenpoint. that the EPA be able to commit its funds and its present owners and the Courant was dis- His work with Polish immigrants newly ar- resources to improving one of the most envi- continued. rived in Greenpoint is well known throughout ronmentally damaged areas of our country. Over the years, the Herald has been the the community. His work earned Leon recogni- This bill is a Federal solution to a Federal chronicle of change. Marriage, births, and fu- tion by the Polish Government, which pre- problem, and I urge my colleagues to support neral announcements are dutifully reported to sented him with a medal at their consulate in its inclusion in the reauthorization of the Clean the area, as well as national news including Manhattan. Water Act. the exploits of those of us in Congress. This One of the most important community activi- Mr. Speaker, I am also introducing, at the hometown newspaper has consistently bene- ties Leon takes part in every year is the Pu- request of the administration, a bill to protect fited from a high caliber personnel, including laski Day Parade. He took part in the very first the environment and human health of those my chief of staff Mark Wellman, who in high Pulaski Day Parade in 1987 and has been an persons living in colonias along the border in school was a sports reporter for the Herald. In active member of the parade committee for the United States. These unincorporated com- all this time, the Herald has distinguished itself over 35 years. He currently serves as a vice munities lack basic waste water infrastructure as a quality newspaper. Under the leadership president on the committee and has been in- and are being severely polluted by raw or par- of its longtime editor, Esther Bielawski, I am volved for many years in the coordination of tially treated sewage. Surface and ground- confident it will continue to prosper. the Mass at St. Patrick's Cathedral on Parade water contamination is rampant and these Mr. Speaker, anniversaries are a time to re- Day. Leon has also helped to reorganize the areas are fast becoming human health disas- flect upon a steadfast tradition of service. Greenpoint Parade Committee which has be- ters. They are also a time to look toward new hori- come one of the largest and well prepared The bill would authorize the EPA to make zons. It is obvious that the city of Delphos and groups in the parade. grants for the construction of wastewater treat- the surrounding area have greatly benefited Mr. Speaker, it is my great honor to help ment works to service these colonias. Under from the effort that was started in 1869. I ask Leon Klementowicz celebrate his selection as the provisions of the legislation, the States are my colleagues to join me today in recognizing 1995's Pulaskian of the Year. He exemplifies required to provide 50 percent of the funding the achievements of the Delphos Herald and what is best about America, and I ask that my for these projects. There is desperate need for encourage the staff to continue to uphold what colleagues join me in saluting Leon for his this assistance along our border with Mexico, has become the standard for excellence in years of service to New York City and the Pol- especially in the State of Texas. Once again, Ohio. ish-America Community at-large. Mr. Speaker, I want to make it clear that these f f monies are for waste water treatment works to benefit communities in the United States that LEON P. KLEMENTOWICZ HONORED 174 YEARS OF GREEK NATIONAL are in desperate need of infrastructure most of AS 1995 PULASKIAN OF THE YEAR INDEPENDENCE us would consider rudimentary. I want to acknowledge the leadership of HON. CAROLYN B. MALONEY HON. BOB FILNER Congressmen RON COLEMAN and KIKA DE LA OF NEW YORK OF CALIFORNIA GARZA in providing for colonias. Both mem- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES bers have introduced legislation to meet the needs of these communities, and I look for- Tuesday, March 28, 1995 Tuesday, March 28, 1995 ward to working with them to ensure that Mrs. MALONEY. I rise today to bring to the Mr. FILNER. Mr. Speaker, I rise to day to colonias all along the border become safe and attention of my colleagues an outstanding con- commemorate the 174th anniversary of Greek healthy places in which to live. stituent of mine in Greenpoint, Brooklyn. Leon national independence, and to call for support Finally, Mr. Speaker, I want to thank EPA P. Klementowicz represents the best of what here in the U.S. Congress for the rights of Administrator Carol Browner for her leadership Brooklyn is all about: Community, public serv- Greek nationals worldwide. on these matters. Finally, after years of ne- ice, and love for family. In recognition of his As we celebrate Greece's successful strug- glect under previous administrations, the Unit- accomplishments, the Pulaski Association has gle for independence from the Ottoman Em- ed States-Mexico border is beginning to re- selected Leon P. Klementowicz as its 1995 pire in 1821, let us not forget the continuing ceive the attention it desperately needs. I Pulaskian of the Year. struggles of Greek people todayÐfor basic re- commend Administrator Browner for her fine In order to truly appreciate Leon's long list ligious and linguistic rights in Albania and Tur- work and look forward to our continued efforts of achievements, it helps to know a little bit key, for peaceful coexistence and freedom in to improve the environment and health of our about his upbringing. Leon is the youngest of Cyprus, and for greater recognition of Greek border communities. three children born to Joseph Klementowicz sovereignty by its neighbors in Macedonia. f and Stophie Sokolowska who had emigrated The Greek people deserve our strong support from Poland to the Melrose section of the as they strive for the very same rights and val- TRIBUTE HONORING THE DELPHOS Bronx, New York. After Leon's graduation from ues we Americans hold so dear. HERALD ON THE OCCASION OF high school, he was drafted into the U.S. Army In my district, California's 50th Congres- ITS 125TH ANNIVERSARY and served proudly during World War II. Ris- sional District, I have the privilege of working ing to the rank of Combat Sergeant in the with the George Pollos San Diego Chapter HON. PAUL E. GILLMOR Third Infantry Division, Leon served on the No. 505 of the American Hellenic Educational OF OHIO front lines in Italy at (Anzio), France, Germany Progressive Association [AHEPA]. These IN THE HOUSE OF REPRESENTATIVES and Austria. During that time his bravery Greek-Americans promote educational oppor- earned him the Silver Star, the Bronze Star tunities in the community, and are actively in- Tuesday, March 28, 1995 and the Combat Infantry Badge. volved in international humanitarian issues. I Mr. GILLMOR. Mr. Speaker, it gives me After returning home from the war, he en- am honored to join with them today to pay great pleasure to rise today and pay tribute to tered the funeral profession and married Irene tribute to the Republic of Greece on its 174th one of the great newspapers of Ohio. This Nieminski. Together they raised four wonderful birthday, and to call for congressional attention March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 713 to the ongoing struggles of Greek nationals in and breadth of his life, his career, his caring, Southeast wasn’t the only school Dempster various parts of the world. his compassion, and his commitment. But I aided. He made numerous financial gifts to his alma mater, the University of Missouri, f want to take this moment to note in the CON- and particularly its law school. He served as GRESSIONAL RECORD, the closest thing we DRUG LEGALIZATION FICTION a trustee for the law school. have to an official national diary, that it is Rob- He was appointed to the University of Mis- ert and people like Robert who give this coun- souri Board of Curators in 1978 by then-Gov. HON. GERALD B.H. SOLOMON try the inherent strength it has. Somehow, out Joseph Teasdale and served a six-year term. OF NEW YORK there among us, is Robert with visionÐthe un- He was chairman of the finance committee IN THE HOUSE OF REPRESENTATIVES derstanding of one's duty, the perspective to during his tenure on the board. He was a member of the Board of Trustees Tuesday, March 28, 1995 dream, and the ability to bring those dreams to reality, not for his personal aggrandizement, of Scarritt College, a Methodist school in Mr. SOLOMON. Mr. Speaker, President Nashville, Tenn. but for the benefit of all to share and enjoy in He practiced law for more than 60 years, Clinton, in his State of the Union Address, the finest, most uplifting and enduring sense. criticized Hollywood for the increased level of retiring in 1993 as managing partner of the Robert Dempster made a phenomenal mark Dempster, Barkett, McClellan and Edwards violence in film. Yet once again, the President in his 82 years. He will be long remembered law firm. In 1994, he quit practicing law. was noticeably silent on the drug issue. by those whose life he touched, but also by In 1993, he helped fund construction of the In the latest dangerous nonsense from Hol- countless others who will never have had the Missouri Delta Medical Center’s rehabilita- lywood, the movie ``Pulp Fiction,'' the char- privilege of meeting him, but will be touched tion complex, which bears his name. acter played by John Travolta exclaims how by the generosity of his spirit and his works. Dempster was born April 8, 1912, in Ava, wonderful his recent trip to the Netherlands Ill., the son of George A. and Emma I include a news article from the Cape Dempster. was, primarily because of their drug legaliza- Girardeau Southeast Missourian, March 26, a tion policies. He moved to Sikeston with his parents in news article from the Standard-Democrat, 1915. He attended Sikeston public schools, Mr. Speaker, I would like to submit into the Sikeston, MO, March 26, and an editorial from graduating in 1929. RECORD some crime and drug statistics, pro- the Standard-Democrat, March 27. He attended Central Methodist College in vided by K.F. Gunning, M.D., the president of I also include a special tribute, offered by Fayette for two years and then transferred the Dutch National Committee on Drug Pre- the Southeast Missouri University Foundation. to the University of Missouri law school, graduating in 1934. vention, for the years since the Netherlands [From the Southeast Missourian, March 26, During his senior year in law school, he implemented their legalization programs in the 1995] early 1980's. was elected city attorney for Sikeston. SOUTHEAST BACKER ROBERT DEMPSTER DIES 1988±1992 cannabis use among pupils in- In 1942, he became an officer in the Navy (By Mark Bliss) and spent 30 months on the island of Oki- creased 100 percent; 1984±1992 use in- nawa during World War II. He rose to the creased by 250 percent; shootings up 40 per- SIKESTON, Mo.—Retired lawyer and civic leader Robert A. Dempster, one of Southeast rank of lieutenant commander before leaving cent; car thefts up 62 percent; hold-ups up 69 Missouri State University’s major bene- the Navy. percent. factors, died Friday, March 24, 1995, at his He resumed the practice of law in 1945 and Addict Rate in the Netherlands: From 1919± home at the age of 82 after an extended ill- served six years as Scott County’s prosecut- 1993, there was a 30-percent rise in reg- ness. ing attorney. istered cannabis addicts. The total number of Dempster was a devoted friend of the Cape In 1960, he founded the Security National addicts registered with the Consultation Bu- Girardeau school. His wife, Lynn Dempster, Bank of Sikeston. Mercantile Bank bought it is a member of the school’s Board of Re- in 1982, and he served as board chairman for reau for Alcohol and Drug Problems has risen the bank from 1960 to 1986. 22 percent since 1988 to 54,000 addicts in gents. Over the past 15 years, he contributed He was a member of the First United Meth- 1993, of which 25,300 were new addicts. nearly $2 million to the institution. odist Church, and served in a number of lead- Organized crime groups: 1988(3), 1991(59), Dempster’s contributions include $1 mil- ership positions. He also was involved in de- 1993(93). lion toward construction of a business build- velopment of the Wesley United Methodist Mr. Speaker, the test has been conducted ing, which will be named in his honor. Con- Church. and the results are in from the Netherlands. struction of the $15.8 million building is ex- He was active in civic affairs. Over the And despite all the misinformation about the pected to begin in May and be completed by years, he served on the chamber of commerce August 1996. board and as president of the Sikeston Indus- consequences of dangerous drug use being trial Board. put out by the Partnership for Responsible Visitation will be held today from 4 to 8 p.m. in Sikeston at the First United Meth- Dempster served as an honorary colonel on Drug Information, the Drug Policy Foundation, odist Church Dempster Chapel. Dempster the staff of two Missouri governors. and our friends in Hollywood, the legalization contributed financially to the construction He and Beatrice Dobbins of Longmont, of drugs should never become a serious policy of the chapel in memory of his parents. The Colo., were married in 1943. She died in June option. funeral will be Monday at 2 p.m. at the 1973. He and Lynn Matthews were married May f church. The Rev. Charles Buck will officiate, with burial in the Sikeston City Cemetery. 23, 1978. ROBERT A. DEMPSTER Dempster helped establish the Southeast Survivors include his wife, and three step- Missouri University Foundation in 1983 and daughters, Pam Waltrip of Sikeston, Pau- served as its first president. Over the years, lette Mouchett of Jackson, Miss., and Vicki HON. BILL EMERSON the foundation has raised millions for the Burke of St. Louis. OF MISSOURI university. Ponder Funeral Home is in charge of ar- IN THE HOUSE OF REPRESENTATIVES ‘‘He was a wonderful man to us,’’ univer- rangements. Tuesday, March 28, 1995 sity President Kala Stroup said Saturday. Robert Foster, executive director of the [From the Standard-Democrat, March 26, Mr. EMERSON. Mr. Speaker, Robert A. foundation, mourned Dempster’s death. ‘‘I 1995] Dempster was buried yesterday in Sikeston, lost a friend,’’ he said. MO, where he had lived most of his wonderful Foster said Dempster was ‘‘the guiding ge- LONGTIME SIKESTON ATTORNEY, ROBERT DEMPSTER, DIES life. He died last Friday at age 82 after a long nius behind the foundation.’’ illness. Not many in this Chamber knew Rob- Although not a graduate of the institution, SIKESTON, MO.—Sikeston attorney and Dempster devoted the last decade of his ac- prominent citizen Robert A. Dempster died ert; but he was my friend, and I cannot let go tive life as an attorney and civic leader to Friday, March 24, 1995, in his home following his passing without sharing a thought or sev- promoting and supporting Southeast. an extended illness. He was 82. eral thoughts about this remarkable citizen He was a good friend of Bill Stacy, the uni- Born in Ava, Ill., on April 8, 1912, son of the who sought no fame, but deserved it; who versity’s 12th president. late George A. and Emma Dempster, he made a fortune that to him was relevant only Dempster endowed scholarships for needy moved to Sikeston with his parents in 1915, in how much he could do with it, not for him- students, and funded the conversion of an where he lived for the remainder of his life. self, but to give away, to the benefit of univer- apartment building into an academic build- A 1929 graduate of Sikeston Public sities and students, churches, hospitals and ing and construction of an auditorium for Schools, Dempster attended Central Meth- Crisp Hall of Nursing. odist College at Fayette for two years. He patients, and to other good causes in his com- ‘‘We honor Robert A. Dempster for his vi- then transferred to the University of Mis- munity, region of the State, the State, and the sion, dedication and generosity, but first and souri School of Law, where he graduated in country. foremost, we remember him as our friend,’’ 1934. During his senior year in the law I shall ask permission to include newspaper university officials said in a prepared state- school, he was elected city attorney for articles about Robert that will reveal the depth ment. Sikeston, and upon graduation he returned E 714 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 to Sikeston and began his career as an was also instrumental in the organization of did. He left a mark on so many that his leg- attorney. the Wesley United Methodist Church. acy will remain for generations to come. And As an officer in the U.S. Navy, he spent 30 Friends may call from 4–8 p.m. today at if our time on this earth is gauged by what months on the island of Okinawa, Japan, in the Dempster Chapel. Services will be con- we leave behind, Bob Dempster left his hand- 1942. He retired as a lieutenant commander. ducted at 2 p.m. Monday in the sanctuary of print far and wide. He will be remembered. In 1943, he married Beatrice Dobbins of the First United Methodist Church, with the Longmont, Colo., and she preceded him in Rev. Charles E. Buck, pastor, officiating. ROBERT A. DEMPSTER: FRIEND OF THE death in June 1973. Burial will follow in Sikeston City Ceme- UNIVERSITY On May 23, 1978, he married Lynn Mat- tery. thews Dempster and she survives. Pallbearers will be: Phil Barkett Jr., Spen- A MEMORIAL TRIBUTE FROM SOUTHEAST He is also survived by three stepdaughters, cer Edwards, Kevin Edwards, Matt Sikes, MISSOURI STATE UNIVERSITY Pam Waltrip of Sikeston, Paulette Mouchett Fred Scherer, Tom Burke, Greg Colwick and The Southeast Missouri State University of Jackson, Miss., and Vicki Burke of St. Bill Waltrip. community mourns the passing of a great Louis. Honorary pallbearers will be: Robert L. friend and benefactor, Robert A. Dempster. Dempster resumed his law practice in 1945 ‘‘Bob’’ Meyer, David Blanton, Judge Mar- He is remembered with extraordinary affec- and served as the Scott County prosecutor shall Craig, P.J. ‘‘Pete’’ Ponder, Maurice tion and respect by those with whom he for six years. In early 1960, he founded, char- Stauffer, Dr. Leo A. Bruce, Dr. Bill Shell, Dr. worked on behalf of the University and its tered and built the Security National Bank Max Heeb, Dempsey Gardner, Dr. Wendell students. of Sikeston, for which he was chairman of Weathers, Don Agnew, Cline Carter, C.P. Although not a graduate of the institution, the board until 1982, when the bank was pur- Black Jr., James M. Baird, the Rev. Tom Robert A. Dempster devoted the last decade chased by Mercantile Bank of St. Louis. Fol- Geers, Weber Gilmore, Terry Fitzgerald, lowing the purchase, he remained with Mer- of his active life as an attorney and civic Rick Adams, Michael Jensen, Dr. Bill W. leader to promoting the welfare and building cantile Bank for four years as chairman and Terry, Pat Murback Dobson, Dr. Kala M. president of the board. the excellence of Southeast Missouri State Stroup, John Mobley, Dr. Tony Poole and University, and to providing access to qual- In 1982, he assisted his friend Dr. Bill W. Joel Montgomery Jr. Stacy, then president of Southeast Missouri ity higher education for the young people of Ponder Funeral Home of Sikeston is in this region. State University at Cape Girardeau, to orga- charge of arrangements. nize the University Foundation and Copper In 1983, Robert A. Dempster suggested the formation of a new organization, the South- Dome Society. He served as president of this [From the Standard-Democrat, March 27, east Missouri University Foundation. His ex- foundation for two consecutive terms. He 1995] perience as a member of the Board of Cura- also endowed many scholarships at the uni- OUR VIEW: COMMUNITY BENEFITED FROM tors of the University of Missouri, where he versity and donated the initial $1 million gift ROBERT DEMPSTER was active in the initiation of private fund- for the new Business Education Building, You could spend an entire day recounting which will bear his name. Dempster was hon- raising efforts, proved invaluable to the stories of Robert A. Dempster and still not Southeast Foundation at its inception. ored by the university by being named scratch the surface. His life was one of ac- As the first President of the Southeast ‘‘Friend of the University’’ in recognition of complishment in law and business but, in the Foundation, Robert A. Dempster issued a his service to the university. end, it was his generosity that will endure. challenge which has been accepted by thou- He was appointed to the University of Mis- Bob Dempster died Friday. Yet the stamp of sands of men and women during the past 12 souri Board of Curators in 1978 by Gov. Jo- his success and his compassion and concern years. ‘‘I became a part of the Foundation,’’ seph P. Teasdale, where he served for six for others will live forever. Not every com- Mr. Dempster wrote in 1984, ‘‘because of my years. Dempster was the chairman of the Fi- munity can boast a Bob Dempster. And deeply held feeling that substantial support nance Committee during his tenure on the Sikeston along with all of Southeast Mis- from the private sector is necessary if South- board. Numerous gifts were donated by souri will benefit for generations from the east Missouri State University is to continue Dempster to the University of Missouri, par- legacy that remains. ticularly the University of Missouri Law If Bob Dempster had a chance to write his to maintain the highest academic standards School, where he has served as a trustee. He own obituary, we suspect it would con- ** *. Our University must be given whatever also served on the executive committee of centrate on his military career. It was his support is necessary to continue its long tra- the University of Missouri Development years in the Navy and his later involvement dition of excellence.’’ Fund Board and was a trustee of the Jeffer- with the Naval Academy that brought him Robert A. Dempster was tireless in his ac- son Club. Dempster was selected as a charter the most pride. Dempster would have down tivities on behalf of the University, and his member in the Law Society and received an played his millions of dollars in donations to generosity was truly legendary—including honorary membership in the Order of the higher education, his generosity toward the the endowment of scholarships for needy stu- Coif for his contributions to the bar and the local hospital or his countless other finan- dents, the donation of an auditorium for the new Law School Building at the University cial assistance that he provided routinely. Crisp Hall of Nursing, and providing gifts for of Missouri School of Law. But as a community we cannot and will not two buildings, the current Robert A. In April 1984, he was appointed a trustee forget that generosity. Dempster Hall, and a splendid new facility with the U.S. Naval Academy in Annapolis, Bob Dempster was quite simply a powerful for the University’s College of Business Md. ‘‘His love for the Navy made this the man. He was respected by those in positions which will be named in his honor. most revered appointment in his long ca- of great power who filed to his door for ad- We honor Robert A. Dempster for his vi- reer,’’ stated a family member. vice and counsel. He tool under his seasoned sion, dedication, and generosity, but first Active in Sikeston’s civic affairs, wing far too many to count. He had time for and foremost he was our friend. To his Dempster served on the board of directors of all. widow, family and other friends, we extend the Chamber of Commerce, was president of He was proud to champion underdogs. In heartfelt condolences. the Sikeston Industrial Board, Kiwanis Club many ways, he considered himself an under- and Sikeston Boy Scouts of America, the dog as well. Yet through determination, hard f American Cancer Society. He was also very work and a keen insight, he reached a pla- active with the Young Democrats of America teau that few ever imagine. He liked to help PERSONAL RESPONSIBILITY ACT and had been an honorary colonel on the others who displayed similar grit. He sought OF 1995 staff of two Missouri governors. He was them out and prodded them on. That part of known for his contributions to veterans or- his personality can never be measured. SPEECH OF ganizations and was judge advocate of the And Bob Dempster could spin a yarn. He local American Legion post. would relive, with a special gleam in his HON. NANCY PELOSI In 1993, he was instrumental in the con- eyes, the baseball exploits of his youth. He OF CALIFORNIA struction of the Robert A. Dempster Restart would tell of Sikeston’s early days when Physical Medicine Complex of Missouri only two lawyers called Sikeston home. With IN THE HOUSE OF REPRESENTATIVES Delta Medical Center. He also possessed an his faithful dog Judge by his side, he would Thursday, March 23, 1995 avid interest in education and was a member speak candidly of those days. You could tell of the board of trustees of Scarritt College, a in a sense that he missed them. The House in Committee of the Whole Methodist school located in Nashville, Tenn. He once had a young client injured in a car House on the State of the Union had under In 1993, he retired as managing partner of accident. He arranged to have the youngster consideration the bill (H.R. 4) to restore the the Dempster, Barkett, McClellan and Ed- ‘‘sworn in’’ as an honorary deputy sheriff. American family, reduce illegitimacy, con- wards law firm, after nearly 60 years of prac- The smile from that young boy—a trol welfare spending and reduce welfare de- ticing law. snaggletoothed wide smile that went from pendence: A lifelong member of the First United ear to ear—was the reward Dempster wanted. Ms. PELOSI. Mr. Chairman, I rise today to Methodist Church, he served as a trustee, I’m not sure how the case turned out but on board member and lay leader, where he made that day, that young boy was a winner. And oppose amendments which restrict the rights a major contribution toward the construc- there were others. Thousands of others. of legal immigrants to collect Government ben- tion and furnishing of the Dempster Memo- Robert A. Dempster will be remembered efits, such as Medicaid, food stamps, and dis- rial Chapel, in memory of his parents. He not so much for who he was but for what he ability aid. March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 715 Denying basic safety net services to non- After being discharged from the Army as a chairman of the Public Works and Transpor- citizens who, in many cases, have resided in first lieutenant in November 1953, he resumed tation Subcommittee on Public Buildings and the United States for much of their lives, dis- his studies at San Diego State University, Grounds in the last Congress, I held several criminates among residents who have paid where he received his Bachelor and Master of hearings on the way in which the Office of their taxes, contributed to the growth of the Arts Degrees in History. He subsequently re- Management and Budget scores Federal real U.S. economy, served in the Armed Forces, ceived a Ph.D. in History at the University of estate transactions. The hearings underscored and, like millions of their native-born counter- California, Berkeley. previous findings by the General Accounting parts, have played by the rules in the hope of As a faculty member at San Diego State Office that the Federal Government is wasting realizing their own American dream. University, he assumed numerous administra- hundreds of millions dollars a year in unneces- This legislation would erode basic American tive duties such as Chair of the Department of sary long-term leases. This waste is due pri- values by denying equal treatment under law History for 6 years and member of the Faculty marily to the fact that current budget to law-abiding taxpayers who have done noth- Senate. scorekeeping rules prevent the General Serv- ing but choose to make the United States their My thoughts and prayers go out to his wife, ices Administration from pursuing a full range home. This bill punishes legal immigrants for Priscilla Ann, and his family. of financing options to meet the Federal Gov- making that decision. f ernment's office space needs. This legislation also robs communities all In response to these findings, I moved in a over the country of the taxes paid by legal im- STEP-UP bip-partisan fashion and introduced legislation migrant residentsÐtaxes that would be taken to solve the problem. the bill I introduced in by the Federal Government, but not returned HON. ALCEE L. HASTINGS the last Congress, H.R. 2680, was co-spon- to those same communities in the form of OF FLORIDA sored by leaders from both parties on the health care and other needed benefits. Recent IN THE HOUSE OF REPRESENTATIVES Committee, including NORMAN MINETA, BUD studies show that immigrants pay $25 to $30 SHUSTER, JOHN DUNCAN and ELEANOR HOLMES Tuesday, March 28, 1995 billion more in taxes each year than they use NORTON. in services. Such funds will no longer flow Mr. HASTINGS of Florida. Mr. Speaker, I In the summer of 1994, H.R. 2680 was ap- back to our local communities under this bill. would like to bring to the attention of this body proved by the Public Works and Transpor- This bill would also deny basic survival as- a program in my district of Florida which has tation Committee and referred to the Govern- sistance to children who are legal permanent shown great promise in moving people from ment Operations Committee. Last August, the residents. Most of these children will go to welfare to work. Government Operations Committee heard tes- school, and some day work, and pay taxes, The program, created by the Fort Lauder- timony from NORM MINETA and myself on be- and contribute to American society together dale Housing Authority, is called Step-Up. It is half of the legislation as part of a series of with our own children. Denying them benefits designed to provide people living in poverty hearings the committee held on the budget is a failure to invest in our own future. with the skills they need to remove themselves process. Unfortunately, the bill was never Mr. Chairman, the anti-immigrant provisions from public assistance by allowing the housing acted on by the House prior to adjournment. contained in this extreme Republican measure authority to hire people who live in its units to The bill I introduced last week, H.R. 1325, is are ill-conceived and mean-spirited. They will do renovation work on its property. identical to the bill I introduced in the last Con- result in increased costs to our cities and Program participants are paid $4.30±4.50 gress. States and will worsen the discrimination al- an hour, work an average of 32 hours per H.R. 1325 would change Federal budget ac- ready felt by many in our Nation's immigrant week, and must join a high school equivalency counting rules to allow GSA to utilize a full communities. program. Those who finish will have two op- range of financing mechanisms in meeting I urge my colleagues to vote against H.R. 4 tions: A scholarship at the local Broward Com- Federal office space needs. Under current and vote for the Mink substitute. munity College, or continuing with work and Federal budget scorekeeping rules, which f training. Participants, young adults between were established in the 1990 Budget Act, the the ages of 18 to 25, learn trades from outside entire cost of a Federal construction project or TRIBUTE TO DR. DENNIS BERGE contractors who are asked to donate training building purchase, must be scored in the first and materials to the project. year of the project, rather than amortized over HON. BOB FILNER Mr. Speaker, everybody will benefit from this the actual construction period, or over the ex- OF CALIFORNIA program. Unskilled young adults will be trained pected life of a purchased building. For IN THE HOUSE OF REPRESENTATIVES and educated, and sorely needed renovations leases, the rules require that only the annual will be made to public housing stock. The rent costs be scored. The end result is that Tuesday, March 28, 1995 Step-Up Program provides meaningful options operating leases have become the most at- Mr. FILNER. Mr. Speaker and colleagues, I through opportunities for employment, job tractive vehicle for GSA, the Federal Govern- rise today to honor a friend and fellow educa- training, and educational achievement. It will ment's real estate arm, to meet the housing tor from San Diego State University who enable people who have traditionally been so- needs of Federal agenciesÐeven through in passed away this monthÐDr. Dennis Berge. cially and economically disenfranchised to the long-term it is the most costly. Dr. Berge dedicated his life to our commu- move from government dependency to self- The bill amends the Public Buildings Act of nity and our country. He taught at Crawford sufficiency and employability. 1959 to treat Federal real estate transactions and Hoover High Schools in San Diego and, I salute the Fort Lauderdale Housing Au- in the same manner they were treated prior to in 1963, joined the faculty at San Diego State, thority and all of the people who have made the implementation of the 1990 Budget Act. where he taught until his retirement in 1992. this program possible. And I encourage hous- The bill would allow GSA to utilize alternative I was privileged to be a History Department ing authorities all over America to look to this financing mechanisms, such as lease-pur- colleague of Dr. Berge's for more than two program as a model for teaching our children chases or time financing. decades. Dr. Berge authored many articles viable and valuable skills, giving them hope, In 1975 GSA's leasing budget was $388 and reviews on western U.S. history and the and helping them secure an education and a million. In 1994 GSA is slated to spend more city of San Diego, but was best known as an future. than $2.5 billion on Federal leases. A Decem- expert on the history of the Mexican-American f ber 1989 report issued by GAO analyzed 43 War, U.S. continental expansionism and the projects that GSA might have undertaken if American West. He was an active member of LEGISLATION TO CHANGE BUDGET capital financing were available to replace the Western Historical Society and the Organi- SCOREKEEPING RULES space that GSA would otherwise lease. GAO zation of American Historians. As a professor, estimated that, over a 30-year period, con- he was known to his students for his thought- HON. JAMES A. TRAFICANT, Jr. structing the 43 projects instead of leasing, ful lectures, rigorous intellectual standards, OF OHIO would have saved taxpayers $12 billion. and careful attention to the academic needs of IN THE HOUSE OF REPRESENTATIVES Financing by lease purchase is inappropri- his students. ately being compared by OMB to direct Fed- Dr. Berge served in the Army during the Ko- Tuesday, March 28, 1995 eral construction, when the correct comparison rean war and commanded an armored pla- Mr. TRAFICANT. Mr. Speaker, last week I should be with the cost long-term leasing. My toon. He was awarded the Bronze Star for he- introduced legislation, H.R. 1325, to change goal is to ensure that GSA has all the financ- roic achievement in action near Soubyok, the current budget scorekeeping rules as they ing tools available to the private sector. Cur- Korea, on July 11, 1953. relate to Federal real estate transactions. As rently GSA does not have the ability to get the E 716 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 best possible deal for the taxpayerÐbecause As a member and past president of the Cro- soon as the Office of Management and Budg- of the scoring rules. GSA should be able to, atian Civic Club, Violet has played an instru- et certifies that legislation has been enacted on a project by project basis, determine the mental role in keeping the traditions of the into law that puts us on a glide path toward a most cost effective and efficient way to finance Croatian-American community alive and vi- balanced budget. The tax cuts could be re- a particular Federal real estate transaction. My brant in the Milwaukee area. Through her in- scinded if we do not achieve specific deficit re- bill will give GSA this ability. In the long term, volvement with the Croatian Radio Hour she duction targets in the subsequent fiscal years. H.R. 1325 will save the taxpayer hundreds of shares the richness of her Croatian heritage In short, if Congress and the President have millions of dollars. I urge my colleagues to with our entire community. the courage to pass a budget reconciliation bill support the bill. In addition to her involvement in cultural ac- this year that lowers the discretionary spend- f tivities, Ms. Jelic has shown herself to be a ing caps and makes the necessary program person who is concerned about the less fortu- changes to end the runaway growth in entitle- TRIBUTE TO RIVERDALE HIGH nate and who is committed to living out the SCHOOL FOOTBALL TEAM ment programs like Medicare and Medicaid, principles of her Catholic faith. Whether she is then the tax cuts would begin on the same leading prayers in her church, visiting the sick, timetable as proposed in the tax bill. HON. BART GORDON or inviting hospitalized Croatian soldiers to We strongly support reducing the tax burden OF TENNESSEE stay in her home, Violet has demonstrated a on the American people, but we believe our IN THE HOUSE OF REPRESENTATIVES willingness to transform her beliefs into effec- constituents have sent us an unmistakable Tuesday, March 28, 1995 tive action. Among those wounded soldiers message: cut spending first. It is not respon- who have benefited from her efforts are Mr. GORDON. Mr. Speaker, I rise today to sible public policy to enact tax cuts before Srecko Filipovic, Dusko Bujak, and Darko acknowledge the accomplishments of a dedi- Congress has fully faced up to the tough deci- Crnojevic, to name just a few. cated group of young men who worked to- sions that have to be made to bring govern- Violet Jelic has clearly set an example for gether in the true spirit of sportsmanship to ment spending in line with its revenue. While our entire community. I join the Croatian Civic achieve a long-awaited goal. most Americans would certainly like a tax cut, Club in commending Violet Jelic on her out- The group is the Riverdale High School public opinion polls indicate that Americans standing efforts and I congratulate her on football team of Murfreesboro, TN, and the place a higher priority on deficit reduction. being named Croatian of the Year. goal was winning the State 5±A football cham- These polls are reinforced by the actual com- pionship. f ments of many individual Americans who ap- These men of Riverdale High trained vigor- TRIBUTE TO DODGE COUNTY HIGH peared at the series of field hearings held by ously, played tirelessly, and deserve recogni- SCHOOL INDIANS the House Budget Committee earlier this year. tion for a job well done. In Ohio, Arizona, South Carolina, New Jersey, I congratulate each member of the team, and Montana Americans revealed a common their head coach, Gary Rankin, and all the as- HON. SAXBY CHAMBLISS sense skepticism about indulging ourselves sistant coaches, managers, trainers, and team OF GEORGIA today while promising to ease the future debt doctors. I know they won't soon forget their IN THE HOUSE OF REPRESENTATIVES burden on our children. They want spending milestone. Tuesday, March 28, 1995 cut first. If Congress can actually perform that The players are true champions: Emil Mr. CHAMBLISS. Mr. Speaker, the Dodge difficult task then they'd welcome a tax cut. Michell, Gerald Griffin, Corey Carney, Carlos County High Indians boys basketball team re- We believe it is imperative that we do not let Tigg, Marcus Smith, Eric Locke, Larry Floyd, cently won the AA Georgia State Champion- them down. If Congress approves $190 billion Johnta Martin, Ryan Miller, Michael Knox, ship for the first time in the 37 year history of in tax cut this year, but then finds itself unwill- Craig Hill, Delaney Solomon, Joe Hill, Jerome the school. The Indians tenacious defense and ing or unable to make the tough choices to re- Verge, Gabriel Nelson, Alvin Duke, Fernando unselfishness on the offensive side of the ball duce spending, we will not only add hundreds Bryant, Howard Henderson, Elgene Porter, is a tribute to their commitment to the team ef- of billions of dollars to the national debt but we Ryan Maloney, Ron Smith, Jeremy Maurer, fort. These young athletes have demonstrated will further damage the voters' faith in their Kevin Litchford, Chris Long, Kelly Faulkner, the desire and will to win that is a reflection of representatives. We believe that tax cuts and Keith Jordon, Chris Barnett, Reggie Smith, the support and direction of the Dodge County spending cuts must go together. The benefit William Henry, Andrew Smotherman, Brian community. Dodge County is coached by sec- or reduced taxes on families and businesses Davis, Greg Smith, James Baxter, Doug Aus- ond-year head coach Willis Jones who has should be our reward for tackling the difficult tin, Andy Risner, Joel Young, Shawn Bowers, helped in building a competitive attitude based decisions necessary to reduce Federal spend- Billy McKinley, Justin Tate, Brett Martin, Jerod on the unity and work ethic necessary for ing to the point where we can actually achieve Wade, Brian Barnett, Jeff Lee, Robb Soapes, these athletes to excel as they venture into a balanced budget. Todd Harris, Michael Nobles, David the ever competitive game of life. The devel- While our amendment requires a tough Coppeans, Craig Underwood, Travis Brown, opment of these skills will prove vital as this standard to be met, it does provide a real re- J.R. Crockett, Chuck Harris, Joe Oliver, group prepares for their future. Through hard ward. If Congress is wiling to make all the Shavis Randell, Brian Austin, Antron Peebles, work and dedication along with their commit- tough choices to reduce spending this year Jason Staples, David Merrill, David ment to the ``TEAM'', these athletes are an in- and the President signs those changes into Hennessee, Matt Austin, John Simpkins, Phil spiration to the people of the Eighth District law, the tax cuts could begin without delay. Sisambath, Kevin David, and Ryan White and we salute their efforts. The tax benefits would continue as long as the f f Government meets its annual deficit reduction CROATIAN CIVIC CLUB OF MIL- milestones on the way to a balanced budget. WAUKEE NAMES VIOLET JELIC STATEMENT IN SUPPORT OF These targets would force Congress to ensure CROATIAN OF THE YEAR BROWDER-CASTLE AMENDMENT that it is really saving money and not just play- TO H.R. 1215 ing budget games to delay real cuts. Tieing tax cuts to deficit reduction brings the HON. GERALD D. KLECZKA American people directly into the process. OF WISCONSIN HON. MICHAEL N. CASTLE They will be reminding their representatives to IN THE HOUSE OF REPRESENTATIVES OF DELAWARE reduce spending so they can see the results IN THE HOUSE OF REPRESENTATIVES Tuesday, March 28, 1995 on their tax forms and in their pocketbooks. Mr. KLECZKA. Mr. Speaker, I rise today to Tuesday, March 28, 1995 We would all have an interest in making sure congratulate Ms. Violet Jelic on being named Mr. CASTLE. Mr. Speaker, today my col- the budget process succeeds. Croatian of the Year by the Croatian Civic leagues GLEN BROWDER, FRED UPTON, BILL This amendment is an insurance policy for Club of Milwaukee. ORTON, BILL MARTINI, and I are filing an deficit reduction. It is consistent with the Con- In selecting Violet as Croatian of the Year, amendment to H.R. 1215, the Tax Relief Act tract With America and our pledge to cut the Croatian Civic Club has honored a woman of 1995. Our bipartisan amendment would spending first. It is supported by a bipartisan who has done much to promote and preserve condition the implementation of the tax cuts in coalition of Members and it just makes sense. her proud Croatian-American heritage and the bill on enactment of legislation that will re- We will ask the House Rules Committee to who has made a direct impact on the lives of sult in a balanced budget in 2002. Under our make this amendment in order when the many people in our community. amendment, the tax cuts could take effect as House considers H.R. 1215 next week. I urge March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 717 my colleagues to support this reinforcement of THE CENTENNIAL OF THE DE In 1972, the de Young Memorial Museum our commitment to deficit reduction. YOUNG MEMORIAL MUSEUM and the California Palace of the Legion of Honor merged to operate as The Fine Arts f HON. NANCY PELOSI Museum of San Francisco, an operating struc- ture still in place. Nevertheless, the de Young TRIBUTE TO GRACE INGLIS AND OF CALIFORNIA Memorial Museum continues to hold its sepa- MATTHEW JAMES JAGO, JR. IN THE HOUSE OF REPRESENTATIVES rate identity to the art world, bringing breath- Tuesday, March 28, 1995 taking exhibitions of Van Gogh, the treasures of King Tutankhamen, the murals of Ms. PELOSI. Mr. Speaker, I rise today in HON. ROBERT MENENDEZ Teotihuacan, and the Impressionists to the celebration of the 100th Anniversary of the people of the San Francisco Bay Area. The de OF NEW JERSEY M.H. de Young Memorial Museum of San Young's reputation for its American art contin- Francisco. This great museum, founded at the IN THE HOUSE OF REPRESENTATIVES ued with important retrospectives of American close of the 19th Century, remains one of San giants such as Andrew Wyeth and Grant Tuesday, March 28, 1995 Francisco's landmarks and a leading institution Wood. for collections and exhibitions in the United Mr. MENENDEZ. Mr. Speaker I rise today to Mr. Speaker, the de Young Memorial Mu- States. pay tribute to Grace Inglis and Matthew James seum is 100 years young, still growing, but It was in 1894 that newspaper publisher Jago, Jr. of Woodbridge Township for their nu- now a great museum which continues to be a M.H. de Young, organized a fair to showcase merous years of service as teachers. The nucleus of great exhibitions. It will celebrate its the strength and diversity of the California Woodbridge Metro Chamber of Commerce Centennial with a landmark showing of some economy. In record time, the California Mid- and the Woodbridge Education Foundation will of the last paintings of Claude Monet, entitled winter International Exposition of 1894 was a be honoring these dedicated teachers for their ``Monet: Late Paintings of Giverny from the dramatic success, so much so that de Young, excellence in education on March 29, 1995. Musee Marmottan.'' On behalf of the Con- the Director General of the Exposition, con- Ms. Inglis began her career in the gress, let us salute all those who, for 100 vinced city leaders to retain the Fine Arts Woodbridge Township school district in 1974 years, have contributed to the successÐpast, Building from the exposition in Golden Gate present, and futureÐof the de Young Memo- at school #28 [Matthew Jago School]. She Park. This building became the centerpiece of rial Museum. worked there as a teacher assistant, but felt de Young's drive to form a museum in mem- she could contribute more to the school sys- ory of the fair, to create a collection of ``treas- KEY CHRONOLOGY OF DE YOUNG MEMORIAL tem. She wanted to improve herself and take ures and curios for the entertainment and in- MUSEUM on greater responsibilities. Ms. Inglis began struction of the people of California.'' 1894, San Francisco Civic Leaders organize her course of study at Middlesex County Col- On March 21, 1895, the Memorial Museum 1894 California Midwinter International Ex- lege to receive her teacher-aide certification. was opened as, de Young put it, ``to create a position. Midwinter chosen to showcase the For several years Ms. Inglis has been the benign climate of the Bay Area. M.H. de nucleus of what someday would be a great Young is the driving force behind the Expo- coordinator of the Special Teacher Center. museum.'' In a few short years, over half a sition. The center provides all special education million visitors a year passed through its turn- 1895: De Young, convinced that a Museum teachers with resources in training, and extra stiles. It survived the earthquake of 1906, and located in a Park was always popular (after guidance for teachers dealing with students in 1915, de Young had concluded that the touring Met in Central Park), leads drive to who have difficulty learning. She realizes the growing collection and crowds at the museum have a ‘‘memorial museum’’ to commemo- importance of helping our youth, because required a new structure. De Young commis- rate the 1894 Fair in Golden Gate Park. sioned an architect to draw plans for a new 1895, MARCH 21: Memorial Museum is dedi- these children are our future leaders. Her in- cated. vestment in educating our children has been a building, and arranged the funding for the 1915: De Young commissions Louis great service to our Nation, the 13th Congres- building from private donors and his own sav- Mullgardt, architect of the 1915 Panama-Pa- sional District, and to the Woodbridge Town- ings. On April 15, 1917, the cornerstone was cific Fair, to design a new building to re- ship. laid for the new building, which, as the invita- place Midwinter Fair buildings. De Young ar- ranges financing from donors and his own Mr. Jago has devoted 19 years to the tions stated, was to be the ``New Memorial Museum.'' By the mid-1920's, other sections, money. Woodbridge Township school district. He re- including the tower, were added to the mu- 1917: Cornerstone laid for what is now ceived his masters in education from Trenton seum, and attendance was then said to equal present day de Young Memorial Museum. State College and specializes in teaching the 1924: Museum now part of City Charter. the New York Metropolitan Museum and sur- Name changed in Charter Amendment to disabled. Mr. Jago has been blessed with ex- passed that of the Smithsonian. traordinary skill, and patience. He has devoted ‘‘M.H. de Young Memorial Museum.’’ In 1924, the museum's board of trustees 1932: Group f.64 show held at de Young, his career to teaching children with special was incorporated into the San Francisco City showcasing Ansel Adams, Edward Weston, learning difficulties. His expertise is in working Charter by a vote of the people. The same and Imogen Cunningham. with the perceptually impaired, and the vote saw M.H. de Young recognized for his 1933: Dr. Walter Heil becomes director of de neurologically impaired. His efforts on their be- contributions to the museum by adding his Young. Remains until 1960. half has helped them reach their educational name to the formal title which stands today: 1935: First major exhibition of American potential. painting at de Young. The M.H. de Young Memorial Museum. 1939: Major exhibition on American art en- Not only has Mr. Jago excelled in his teach- Through the 1930's, the de Young devel- titled ‘‘Frontiers of American Art.’’ ing career, but also in his responsibilities as a oped its reputation as a museum of inter- 1949: Due to decay and danger, external or- citizen. Mr. Jago has volunteered for Hand in national significance. Major exhibitions from naments of de Young Museum structure are Hand, Special Olympics, and as a Sunday Europe now included San Francisco, and removed. They include allegorical figures school teacher. He has received numerous many began under the de Young's leadership. and symbols of California, including Spanish awards including the Governor's Recognition Beginning in the 1930's, major exhibitions on conquistadors, Franciscan padres, pioneer American art in 1935 and 1939 presaged the man and woman, science industry, and art. Award, and the Nominee-Excellence in Edu- ca late 1950’s: negotiations begin for acqui- cation Award. Mr. Jago has served as cub museum's later emphasis on the field, includ- sition of Avery Brundage collection of Asian master of Cubscout Pack 31 in Port Reading, ing an exhibition showcasing Bay Area pho- art, led by Gwin Follis. and as the playground counselor at the tographers who became household names: 1961: Heil retires. Jack McGregor takes Woodbridge Park. His participation in these Ansel Adams, Edward Weston, and Imogen over, begins construction of new wing for Cunningham. Asian art. activities show his commitment to helping to- In the 1960's, the de Young secured the 1969: Asian Art Museum ‘‘splits off’’ from day's youth grow into successful adults. rights to Avery Brundage's magnificent collec- de Young. Ms. Inglis and Mr. Jago have dedicated tion of Asian Art, eventually helping to estab- 1969: Ian McKibbin White takes over as act- themselves to our youth. I ask that you please ing Director of de Young for Van Gogh exhi- lish the Asian Art Museum. The de Young also bition. join me in honoring these excellent educators continued its aggressive exhibition of young for their great works in the Woodbridge Town- 1972: de Young and Legion of Honor merge American artists, including some only just be- as The Fine Arts Museums of San Francisco. ship school district. coming known, such as Wayne Thiebaud, 1973: Andrew Wyeth retrospective. Richard Diebenkorn, and Robert Arneson. 1976: Grant Wood retrospective. E 718 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 1979: ‘‘Treasures’’ of Tutankhamen brings many, but none more so than the foster chil- NOTING THE PASSING OF REV. MI- 1.8 million visitors. dren who have no one to turn to but govern- CHAEL J. LAVELLE; PRESIDENT 1981: ‘‘Art of Louis Comfort Tiffany: exhi- ment for essential care. By eviscerating P.L. OF JOHN CARROLL UNIVERSITY bition. 1986: ‘‘The New Painting: Impressionism’’ 96±272, the Republican bill will return us to exhibition. the sorry situation prior to its enactment when HON. LOUIS STOKES 1987: Harry S. Parker III becomes Director States and even the Federal Government OF OHIO of The Fine Arts Museums of San Francisco. were unable even to tell us the number of chil- IN THE HOUSE OF REPRESENTATIVES 1995: Trustees decide on a $96 million plan dren in foster placement, let alone the appro- to demolish present building housing de Tuesday, March 28, 1995 priateness of those placements, what services Young Memorial Museum, build new struc- Mr. STOKES. Mr. Speaker, I rise with sad- ture on site. were being offered to the child and the natural 1995: Monet: Late Paintings at Giverny parents, and what the long-term plan was for ness today upon learning of the passing of from the Musee Marmottan’’ opens in San that child. Rev. Michael J. Lavelle on Saturday, March Francisco. Foster children today enjoy far better legal 25, 1995. For the past 7 years, Father Lavelle f protection than prior to 1980, but many States served as President of John Carroll University, still need to be pressured to comply with the which is located in my congressional district. I ONCE AGAIN, BILL CLINTON SIDES join members of the Cleveland community, the law's safeguards for these most vulnerable of AGAINST OUR MILITARY John Carroll University family, and others in children. In fact, nearly half of the States are mourning the passing of this distinguished in- HON. GERALD B.H. SOLOMON today under court order, or have been sued, dividual. for violating the law. In an article which appeared in the March OF NEW YORK Yet despite the general sympathy for mov- IN THE HOUSE OF REPRESENTATIVES 26th edition of the Plain Dealer, Father Lavelle ing programs back to the local government, is referred to as a ``strong visionary, capable Tuesday, March 28, 1995 many of these entities recognize they cannot president and friend,'' These words are very Mr. SOLOMON. Mr. Speaker, last week, in manage a foster care program on their own or appropriate in describing an individual whose a meeting with college students, President without the support and guidance provided by academic career spanned 26 years, and Clinton told them that it would be justifiable to P.L. 96±272. Indeed, organizations like the whose devotion as a Jesuit priest earned him remove ROTC programs from campuses if the National Association of State Legislators and the admiration and respect of his colleagues colleges objected to the policy of ``don't ask, the National Association of Counties are on throughout the Nation. Additionally, those of don't tell''. record as opposing the way the Republican us who benefited from Father Lavelle's friend- Mr. Speaker, as a consequence of the welfare bill undermines the foster care policies ship recall his love and concern for his fellow President's position, I intend to offer amend- of the last 15 years and places children at man. Over the years, I enjoyed a close work- ments to several of the appropriations bills to risk. ing relationship with Father Lavelle and his insure that no Federal financial assistance It took 5 years of hard effort, working with staff at John Carroll. I admired him for his goes to any college or university which has a States, children's organizations, the courts, strong leadership and commitment to educat- policy of denying ROTC on campus. A group and many others to achieve the major reform ing our youth. of alternative lifestyle students and draft-dodg- of 96±272. Yet foster children were barely rec- Mr. Speaker, the Plain Dealer article brings ing, socialist professors are simply not going ognized in the debate over the welfare bill of into greater perspective the life and contribu- to set defense policy in this country. And if 1995. tions of an individual who will never be forgot- they do deny ROTC programs on their cam- ten. I want to share this article with may col- Let us not make foster children again the puses, they had better be prepared to go with- leagues and the Nation. Father Lavelle was forgotten children. Let us not throw out impor- out Federal financial assistance of any kind. very special to those who knew him. I extend tant and valuable reforms based on some half- The U.S. Congress, after months of difficult my deepest sympathy to his sister, Helen work, reached a workable compromise. It was baked ideological crusade. I am hopeful that Lavelle, and the entire John Carroll University not a compromise that either side was particu- the Senate, which played a key role in the de- family. velopment of 96±272, will again intervene to larly pleased with, but it was approved by the JCU’S LAVELLE DEAD AT 60 save the safeguards that have improved the Congress and signed into law by President LEADER IN ACADEMIA AND JESUIT ORDER foster care system, and helped hundreds of Clinton. (By Richard M. Peery) If this President lacks the leadership to sup- thousands of children have a better chance at permanency and success. UNIVERSITY HEIGHTS.—The Rev. Michael J. port this policy, I will reopen the issue and put Lavelle, a Jesuit priest whose long and dis- it back on his desk several times this year and f tinguished career led him to the presidency next, during the Presidential election. Once of John Carroll University, died yesterday at again, President Clinton is showing his true the A.M. McGregor Home in east Cleveland HONORING ANTHONY W.W. colors by supporting the alternative lifestyle He never regained consciousness after col- TANTILLO crowd at the expense of our men and women lapsing Feb. 27 from severe cardiac arrhyth- in uniform. mia, while working out at the university’s physical fitness center. He was 60. f HON. ELIOT L. ENGEL ‘‘Father Lavelle was a strong visionary, GOP WELFARE PLAN WEAKENS capable president, and he was also a friend,’’ OF NEW YORK said Frederick F. Travis, acting JCU presi- FOSTER CARE POLICIES IN THE HOUSE OF REPRESENTATIVES dent. ‘‘He was very well liked on campus and was a popular choice for president in 1988 HON. GEORGE MILLER Tuesday, March 28, 1995 among both faculty and staff.’’ OF CALIFORNIA During Lavelle’s tenure as the 21st presi- Mr. ENGEL. Mr. Speaker, on April 1, 1995, dent of John Carroll, the freshman class en- IN THE HOUSE OF REPRESENTATIVES the Supreme Council of the Royal Arcanum, rollment grew from 500 to more than 700. He Tuesday, March 28, 1995 the Grand Council of New York and the Clare- was instrumental in having two dormitories built to house the influx of students. Mr. MILLER of California. Mr. Speaker, in mont Council No. 1655 will be holding an in- vestiture ceremony for 82d legion of honor He also helped initiate the movement of 1980 I was the principal House author of P.L. John Carroll’s athletic teams from the Presi- 96±272, the landmark law that reformed Fed- member Anthony W.W. Tantillo. dent’s Athletic Conference to the Ohio Ath- eral foster care and adoption laws, and estab- Mr. Tantillo, a lifelong Bronx resident, is letic Conference.. The change led to competi- lished both a priority for preventive service being honored for his many years of service tion with Baldwin-Wallace, Mount Union, and legal protections for foster children to as- and dedication to the Royal Arcanum. In addi- Wooster and Muskingum colleges. sure them access to services and an appro- tion, Mr. Tantillo has been an active member His accomplishments were not limited to priate foster placement. In addition, this impor- the university. Respected by his peers, he of the Columbus Alliance and the Sons of often was invited to participate in Catholic tant law provided Federal supports for adop- Italy. matters of international importance. tion of children who could not be returned to I am sure that Mr. Tantillo's family, neigh- In 1983, Lavelle was elected to the 33rd their natural families. bors and friends join me in congratulating him General Congregation of the Society of The Republican welfare reform bill passed on this achievement. Jesus, which established the direction of the narrowly by the House last week is unfair to worldwide Jesuit order for the last 12 years. March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 719 He also served as one of a dozen advisers to Czech and Russian, was known for his love of that the credit was actually refundable. There the American Catholic Bishops Committee ethnic art, tradition and food. At the start of is more than a full page of detailed statutory on their pastoral letter on the economy in each school year, he distributed to new fac- language to guarantee that the credit is al- the 1980s. ulty members a list of local restaurants An economist and an expert on Eastern known for their ethnic cuisine. lowed against a taxpayer's Social Security tax Europe, he traveled to Soviet bloc countries An amateur cook, he was known for pre- liability. The bill also amends an obscure pro- more than 20 times, expanding his expertise paring dishes such as linguini with red clam vision in title 31 of the United States Code in Soviet and international economics and sauce. For many years, he volunteered as a which provides a permanent appropriation for working with his fellow Jesuits in those na- cook for the Friends of Templum House ben- refundable tax credits. tions, many of whom had been driven under- efit. Recently a Republican aide was quoted as ground. Lavelle was a trustee of Boston College, blaming the refundability contained in prior The Cleveland native grew up in the Xavier University and Magnificat High Lakeview Terrace public-housing complex on School. He was a former trustee of Canisius versions of the contract on ``faceless, name- the West Side. His father worked for the old College, the University of Detroit, Loyola less, pointy bureaucrats.'' The fact is that H.R. Cleveland Transit System for 42 years, 28 of College in Maryland, St. Joseph’s University 6 was drafted with the full participation of the them on the Detroit Ave. and Clifton Blvd. in Philadelphia and the Jesuit School of The- Republican staff of the Ways and Means streetcar lines. ology in Berkeley Calif. Committee and the staff of the Joint Tax Com- Lavelle, a 1953 graduate of St. Ignatius He is survived by his sister, Helen of Chi- mittee. The care and precision of the drafting High School, distinguished himself as a cago. member of the school’s football team, which Services will be at 10 a.m. Wednesday at contained that bill is an accurate reflection of won the 1952 West Senate League champion- Gesu Catholic Church, 2470 Miramar Blvd., the technical expertise of those staffs. To ship. He was voted the West Senate Most University Heights. blame the refundability feature contained in Valuable Player and was named to the All- Schulte & Mahon-Murphy Funeral Home in that bill on an inadvertent drafting error is sim- Catholic High School football team. An all- Lyndhurst is in charge of arrangements. ply not believable. scholastic offensive guard who also played defense, he received All-Ohio honorable men- f The decision reflected in H.R. 1215 to deny the limited refundability feature of the family tion. FAMILY TAX CREDIT IS NOT FAIR Lavelle was a member of the school’s track credit that was part of the original Contract team for four years, played basketball for With America was required to offset the cost one year and played sandlot baseball in the HON. SAM GIBBONS of the additional corporate tax benefits pro- summer. OF FLORIDA vided in the bill. Denying limited refundability He was inducted into the St. Ignatius Ath- letic Hall of Fame in 1988. IN THE HOUSE OF REPRESENTATIVES reduced the cost of the family tax credit by ap- Several years ago, Lavelle had a quadruple Tuesday, March 28, 1995 proximately $13 billion over 5 years with over heart bypass operation, but he could still be two-thirds of this revenue gain coming from found in the gymnasium during many lunch Mr. GIBBONS. Mr. Speaker, in recent days, working families with incomes less than we have seen a debate among the Repub- hours playing pickup basketball with faculty $50,000. Denying the family tax credit to fami- licans over the issue of whether they should members. lies with incomes over $95,000 raises approxi- But it was another school activity that breach their Contract With America by denying mately the same amount of money. The Re- made the deepest impression on Lavelle as a the family tax credit to the 3 percent of all tax- publican leadership had a choice when devel- teenager. One holiday, while delivering food payers who have children and incomes over oping H.R. 1215 and the choice they made baskets to the needy, he went to the home of $95,000. It is interesting to note at this time a woman on Scovill Ave. who lived with just was to reduce benefits to families earning less a mattress on the floor, a table and one that, without much concern and with no de- bate, they have already breached their Con- than $50,000 rather than to reduce the bene- chair. She cried when she received the food. fits to families earning more than $95,000. Lavelle said the experience made him de- tract With America by denying the family tax cide to go into a profession where he would credit to low- and moderate-income families The following examples show the effects of help people. The summer after he graduated with large Social Security tax payments but this contractual breach on hard-working, mod- from Ignatius, he decided to become a priest. small income tax liabilities. erate-income families. ‘‘Sure my parents were surprised, and some All versions of the Contract With America EXAMPLES OF FAMILIES WHO WOULD GET girlfriends too,’’ he recalled years later. Lavelle attended Xavier University in Cin- before the introduction of H.R. 1215 provided SMALLER FAMILY TAX CREDIT UNDER H.R. cinnati from 1953 to 1957. He earned degrees a family tax credit with limited refundability for 1215 THAN UNDER THE ORIGINAL CONTRACT from Loyola University of Chicago and a families with Social Security tax payments in WITH AMERICA doctorate at Boston College. He also studied excess of the earned income tax credit. In tes- Relative to the original Contract With at Harvard University’s Russian Research timony before the Ways and Means Commit- America, H.R. 1215 makes the $500-per-child Center in Boston and at the Sankt Georgen tee, the president of H&R Block commended family tax credit nonrefundable. This means theology school in Frankfurt, Germany, the authors of the contract for including this that many working families who would have where he was ordained in 1968. limited refundability feature. He quite accu- received credits under the original Contract He planned to say his first Mass on his fa- will receive much smaller credits under H.R. rately pointed out that this feature enabled ther’s birthday in 1969. But Lavelle returned 1215. H.R. 1215 takes $13 billion out of the to Cleveland early that year and delivered many low- and moderate-income working fam- pockets of America’s working families. In his first Mass at his father’s funeral in As- ilies to benefit from the family credit. In recent fact, two-thirds of that cutback from the cension Catholic Church. weeks Republicans have argued that this lim- original Contract will come from families Lavelle joined the John Carroll faculty in ited refundability was the result of inadvertent with less than $50,000. (Examples are for 1969 as an assistant professor of economics. drafting errors. When one looks at the record, 1996). He became chairman of the business depart- this explanation is difficult, if not impossible, to Example 1—Young Couple With Their First ment in 1973 and served as the dean of the Child: Family of 3, 1 Child $15,000 per year. School of Business from 1975 to 1977. believe. Under the original Contract with America, He left John Carroll to serve for six years On September 27, 1994, Mr. Armey issued this family would receive a family credit of as provincial superior of the Detroit Prov- a press release which included the statutory $500. ince of the Society of Jesus. He was the reli- draft of the family credit. He stated that the Under H.R. 1215, this family would receive gious leader of 350 Jesuit priests and broth- Republicans put the bill in a contract ``so peo- ers in Michigan and Ohio. a family tax credit of $90. ple can hold us accountable.'' On the first Relative to the original Contract, this fam- He returned to John Carroll as academic page of the bill included in that press release, vice president in 1984. Two years later, he ily will lose $410. took on additional duties as executive vice the term ``refundable'' appears. On page 2 of Example 2—Middle-Aged Divorced Mother president for day-to-day operations. He was the bill, it is quite clear that the credit was to Back In the Work force: Family of 4, 3 Chil- named president in 1988, succeeding the Rev. be allowed against Social Security taxes. We dren, $20,000. Thomas P. O’Malley, who resigned to take a now are willing to hold Mr. Armey and the rest Under the original Contract with America, teaching assignment in Africa. of the Republicans accountable for their failure this family would receive a family credit of Lavelle’s inauguration was marked by his to retain this limited refundability feature in the $1,500. pledge to increase the university’s commit- bill reported by the Committee on Ways and Under H.R. 1215, this family would receive ment to community service and a family tax credit of $585. multicultural development. It was cele- Means. Relative to the original Contract, this fam- brated with a variety of ethnic foods and en- On January 6, 1995, the family tax credit ily will lose $915. tertainment. was reintroduced as part of H.R. 6. Again, we Example 3—Family With One High-School- The multilingual priest, who was fluent in see the term ``refundable'' on page 2 of the Educated Worker: Family of 5, 3 Children, German and could read French, Italian, bill. This time more care was taken to ensure $22,000 per year. E 720 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 Under the original Contract with America, was none, so I chose to go on welfare. I con- I fell in love with a man who is now just this family would receive a family credit of sider myself lucky to have had that option weeks away from becoming a certified teach- $1,500. and intelligent for having made that deci- er and while still on welfare, I became unex- Under H.R. 1215, this family would receive sion. pectedly pregnant because of birth control a family tax credit of $375. One of the slanders being committed failure. Relative to the original Contract, this fam- against welfare recipients right now is this The decisions surrounding this unplanned ily will lose $1,125. ridiculous idea that welfare parents—mostly pregnancy were agonizing. What would hap- f women—do not work. Even if we don’t work pen to my schooling? Would a baby prolong outside the home for a salary, as parents, we my welfare dependency? Could I handle the WELFARE REFORM work our backsides off within our homes, challenge of parenting a toddler and a two with little support, often under a deficit of teenagers at the same time? My third son is skills, amidst extreme financial stress and in now one and half years old and looks a bit HON. PAT WILLIAMS the face of growing public hostility for which OF MONTANA like a baby orangutan. He’s the hearth political leaders are partly responsible. As around which our family gathers. Although I IN THE HOUSE OF REPRESENTATIVES long as families are impoverished they will still receive cash welfare payments for the Tuesday, March 28, 1995 find it difficult, if not impossible, to fully older boys I did not put this baby on the wel- participate in their children’s schools, in fare grant even though there are laws in Mr. WILLIAMS. Mr. Speaker, the welfare re- their communities and in larger leadership form debate in the House was, in a word, place that require me to do so. I have avoid- roles—where, I might add, their perspective ed it by refusing to apply for a social secu- awful. is sorely needed. Working and middle class rity card for him. His father paid for pre- For the most part, it was either pandering or families do not escape this problem, either. natal care and a midwife helped with his accusative; it was partisan, it was assumptive, As long as they are locked into an economic birth. The cost of my maternity care was and like the bill itself, it was punitive. system which forces parents into full time roughly $700 and it did not come out of the I received the following letter from a woman, employment positions, they will also fail to public coiffures. I sometimes think I handle a mother, who was once a recipient of wel- participate fully in their own home lives, in the taxpayers money better than you do. their schools, communities and social struc- fare. I commend it to my colleagues as a Although I had to quit my job, I didn’t tures. When it comes to family crises like di- miss a beat in my education. I managed one measured calm voice amidst all of this vorce, violence, substance abuse and juvenile unreasonableness. semester by bringing the baby to class but delinquency, studies show that poor and af- when he became too old to rock quietly on March 19, 1995. fluent families are more alike than different. my lap during lectures, I enrolled in distance DEAR SIR: I am writing to you concerning This is where the irony comes in. learning courses through Washington State the future of our nation. Among that collec- Although we are segregated by our eco- University that allow my studies to take tive future lies my own individual life, which nomic and class status, and although this place from home, through taped interviews, is very distant from yours. Okanogan Coun- segregation keeps us ignorant of and callous conference calls and excruciating piles of ty, where I live in central Washington state, to each other’s struggles, it is the common written assignments. My work day lasts is larger than Rhode Island and Delaware but thread of parenthood that could supply the from about 6 a.m. to 11 or 12 p.m. In an oth- houses a population of only 35,000 people. We answer to many of this nation’s problems. erwise family-hostile economic system, I are bordered by Canada on the north, and by Surely this thought has occurred to some of have forged a narrow pathway that at least the Colville Indian Reservation on the east. the educated minds in the legislature! One of somewhat accommodates my need to parent the Cascade Mountains on the west isolate the only ways to solve a big problem is to us from the more well known, urban coast of break down barriers between people by in- my children. My education hasn’t trained me Washington state. Until recently, we boasted volving them in a superordinate goal—a task for a specific job but it has refined the skills only one traffic light in the whole county. that simply cannot be successfully com- I naturally possess and it is showing me The largest industry employers are govern- pleted without the participation of all per- ways to use those skills. I’m in the process of ment and agriculture—mainly apples. De- sons involved. The only example I can think starting a newsletter for stepfamilies and spite the distance between our lives, it is not of where we cooperated in such a have recently been published for the first impossible that you have eaten from the superordinate task on a national level is time. Of course, through social spending many tons of apples that passed through my World War II. The reason we survived that cuts, you could pull the rug out from under hands when I worked in the orchards before event is because we pulled together, and that me right now when I’m so close to succeed- my children were born. Roughly 30 percent of cohesion was accomplished in part by pro- ing—but imagine what this nation would be our population here depends on welfare pay- found shifts in the way we thought about like if we really acted on the lip service we ments. From my vantage point it is obvious ourselves, and by having the courage to give to ‘‘family values.’’ Imagine what it that we are about to make some big mis- change economic and social norms. One ex- would be like if parents actually had the takes around how we look at and structure ample of this is the new economic roles time and resources needed to parent. In a social programs. women took on during the war. country as affluent as ours there is no excuse It is not our welfare system that is the As a nation, we often speak proudly of how for the lack of ingenuity and philanthropy problem, it’s our economic system. Our eco- we handled ourselves in those times. Well, evident in our economic and welfare pro- nomic system divides this nation’s people parenting is our nation’s contemporary grams. geographically, philosophically and in other superordinate goal, and at all economic and With all due respect, some of y’all have got practical ways that prevent shared problem social levels, we are failing at this job be- a lot of things mixed up. People are not poor solving. Current proposals for welfare and cause of the time deficit caused by an eco- because they’re on welfare, they’re poor be- fiscal reform blatantly disregard the reality nomic system that splits parents and chil- cause there aren’t enough good jobs—and that there aren’t enough jobs which provide dren into different worlds, and because of there never will be. Children aren’t in trou- adequate wages on which to raise families. poverty and all that it entails. Rather than ble because they’re innately bad, they’re in As long as there are low paying jobs that inflict punitive measures on those families trouble because their adult role models and need to be done—agricultural labor, for ex- and individuals who are failing to thrive in mentors are so busy struggling to survive ample—there will be families who can’t quite our system, we need to genuinely ‘invite’ that kids are segregated into a world of their get their needs met, there will be industries them into the middle class and we need to peers where they’re left to manage, on their that are not economically viable, and there change the structure of our economic sys- own, the development of values, crucial life will be a need to subsidize resources for tem. choices, and navigation through difficult life those who provide these ‘chore services’ to I’ll again use myself as an example because transitions, and sometimes their very sur- the rest of the nation. This is called reci- to some small extent I’ve challenged the in- vival. And contrary to what a very mis- procity. It’s an ancient human survival compatibility of poverty, employment and guided Washington State legislator recently strategy which we seem to have forgotten. family life. During my first 2 years on wel- stated, welfare recipients are not like plants. Not only are low paying jobs a given, but fare, the fact that I was not employed out- And if you cut a plant off and lay it on the our economic system itself is incompatible side the home allowed me to participate in a ground (cut a person off of welfare and with family life. This is why many women lot of community volunteer work which I ‘‘force’’ them to be independent), that plant with children choose to go on welfare. I’ll could do with or around my children. I ran does not grow new roots and flourish. It dies. use myself as an example. I applied for wel- cooperative game sessions for kids, I did vol- But it is not only in the areas of botany, bi- fare benefits when my children were 3 and 4 unteer library work, I tutored, I even ac- ology and sociology that congressional lead- years old and I take responsibility for mak- quired a $5,000 grant for a community edu- ers appear to need refresher courses—some ing that choice. I foolishly tried to raise a cation project which I coordinated without a appear to need a basic math lesson. family with an alcoholic husband and when penny of salary. No one told me to do these At least be honest with your constituents. it became obvious that the situation wasn’t things. I considered them part of my Taking money from social programs is an in- good for any of us, I chose to leave. I looked parenting job and civic duty. Finally, my effective method of saving tax money be- for employment that was compatible with children entered grade school and I entered a cause this is not where we’re over spending my children’s need for my presence during local community college and eventually se- our tax money. Even superficial perusals of such a disruption in their lives, but there cured a work study job. A couple years later Federal budget allocations reveal this. The March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 721 money we use to help poor families access to share experiences with this friend that I Federal Government's obligation to them basic resources like food, housing, transpor- can’t provide. He’s a very compassionate under the Alaska Native Claims Settlement tation—to jobs, I might add—and medical young man, which is lucky because in this Act. care, are not ‘‘discretionary moneys.’’ Two world you never know, someday your own hundred thousand annual dollars in White health and well-being may depend on sci- This bill that I introduce is intended to fulfill House floral spending is discretionary entific discoveries my son and his friends are the ANCSA entitlement to the Cook Inlet vil- money. Billions of dollars in corporate sub- able to make. lages. sidies which don’t seem to result in jobs as I’d wager that our core values are pretty The villages within Cook Inlet region have much as they result in inflated executive sal- similar, although the way we are managing worked diligently to secure from the Bureau of aries is discretionary spending. Overly gener- to uphold them is quite different. Please Land Management 29,900 acres of high prior- ous Federal pension plans and expensive keep in mind that my children and I have ity lands selected over 20 years ago. Starting military programs—those are discretionary been luckier than most. We have a network in 1979, BLM had issued a number of deci- funds. Give me a line item breakdown of the of friends who support us socially even Federal budget and I can probably point out though they are unable to do so financially. sions and had taken a number of administra- where some more of the leaks area. I brought a middle class background and a tive steps towards conveyance of these lands. We are not a stupid populace, but we are few life skills with me onto the welfare roles. In spite of this long track record of moving to- easily swayed into believing in fiscal half- Other recipients are not this fortunate. The ward conveyance, the Department has now in- truths and dramatic anti-welfare gestures current welfare system, despite its short- dicated to the villages that it lacks authority to because we are desperate for solutions to so- comings, is what was allowed my children make the conveyances. cial and economic ills. There is no such thing and I to thrive, and I am extremely grateful. as a ‘‘self made man.’’ Every family, every I am convinced that the villages of Cook I don’t know exactly how such an impor- Inlet have an equitable argument that the con- individual, who is surviving economically is tant word as ‘welfare’ took on such negative doing so within a system and has an obliga- connotations. I don’t know how we lost sight veyances are proper, and that further delay in tion to that system which supports them. of the fact that parenting is a high status job conveyance will cause them unnecessary eco- The intentional misinforming of the Amer- at all economic levels and a primary respon- nomic hardship. ican public concerning fiscal management is sibility of any society. But we’re reaping the My legislation provides the additional au- the most shameful and cowardly thing I’ve impacts of those oversights right now and we thority to the Department and directs that ever seen. I mentioned early in this letter can no longer afford to pretend that private, these conveyances be made with no further that the perspective of welfare recipients is political, and economic spheres are separable delays. sorely needed in leadership roles in this or that any of us survive independent of one country. There is probably no one more another. Enclosed with this letter is a sum- f qualified by experience to streamline the mation of ideas concerning welfare and eco- Federal budget than the welfare mothers nomic reform, distilled from conversations REV. J. ALFRED SMITH—A VERY who are managing to raise children on pov- with friends, from my own thoughts, my edu- SPECIAL PERSON erty level incomes—or less. cation and the thoughts and research of oth- Most of us welfare moms are adept at the ers. I challenge you to have the courage and basics—first we buy bread and clothe our integrity to consider some of these ideas se- HON. FORTNEY PETE STARK children, second we pay our bills, and then riously. we try to budget for health, education and OF CALIFORNIA I have no doubt that somewhere down the ‘‘entertainment.’’ If there is anything left at IN THE HOUSE OF REPRESENTATIVES road we’ll recognize the need to make radi- this point—usually there isn’t—we some- cal economic and social adjustments, but Tuesday, March 28, 1995 times help others or try to build a small sav- probably not until we’ve caused a lot of trau- ings. Way, way, way down on our shopping ma to the individual families of this nation. Mr. STARK. Mr. Speaker, I rise today to list are rainy day luxuries like bombers, cow Today’s so called leaders who refuse to talk recognize Dr. J. Alfred Smith, Sr., pastor of fart studies, luxurious travel accommoda- about the reality on which our well-being the 4,000 member Allen Temple Baptist tions, fancy luncheons, financial contribu- Church in Oakland, California. Dr. Smith will tions to successful mega-corps, vacations teeters and who pretend that the only thing and wars. I’d like to clarify for the record wrong with our economy is that poor people be honored this week by the Baptist Ministers that neither myself nor any other welfare re- have too much money, will eventually be ex- Union of Oakland and Vicinity for being a cipient I know has ever spent tax payer posed as greedy fools. And people like myself good neighbor to the citizens of Oakland. money on that last list of items. I don’t have who look on from the fringes of society into Dr. Smith is Professor of Preaching and the decaying core of its leadership will see quite enough education to understand all the Christian Ministry at the American Baptist macro-economic smoke and mirrors that that our concerns were right on the money— even though we didn’t have much of it. Seminary of the West and has been Pastor at politicians are so fond of dazzling the public Allen Temple for over 25 years. Dr. Smith with and while I do understand our inter- SINCERELY, dependent relationship with foreign markets ——— ———. holds the Th.M. degree and was granted a and our desire for a healthy corporate world, f Doctor of Humane Letters (Honoris Causa) in I understand something even more impor- 1990 from the American Baptist Seminary of tant and basic. We’re pouring our tax dollars LEGISLATION PROVIDING FOR the West. He also holds the D. Min. degree into the top of our economic system when LAND CONVEYANCE TO VIL- from the Golden Gate Theological Seminary. it’s the bottom that’s depleted. We need to LAGES WITHIN THE COOK INLET He is currently president of the Baptist Min- try a ‘‘trickle up’’ theory. REGION isters Union. My 11-year-old son is very bright and hand- some with brown eyes and dark curly hair Dr. Smith has been the recipient of many that he painstakingly combs straight every HON. DON YOUNG awards and commendations. He has served morning. He’s a natural athlete, a straight- OF ALASKA as President of the Progressive National Bap- A student often described by his teachers as IN THE HOUSE OF REPRESENTATIVES tist Convention and the American Baptist a leader, and he was recently chosen by his Churches of the West. He has lectured at fellow classmates to represent them at a re- Tuesday, March 28, 1995 most of the major universities in America, in- gional Science Olympiad. Even so, he is still Mr. YOUNG of Alaska. Mr. Speaker, I am cluding Yale, Harvard, Duke, and Stanford. He a young men at risk—the son of an alcoholic pleased to introduce today, at the request of was recently listed by Ebony magazine as one and a low income mother, a child of divorce and a member of a new stepfamily. But in six villages of the Cook Inlet region, a bill to of the greatest African American preachers in this world, you never know, someday one of address a long standing unfulfilled obligation the United States. He was also recently your daughters or your granddaughters may of the Federal Government under the Alaska named by the Oakland Tribune as ``Outstand- meet and fall in love with my son. Native Claims Settlement Act to six Alaska ing Citizen of the Year''. My 10-year-old is blond, blue eyed, playful Native villages within Cook Inlet region. Dr. Smith has long been a leader in our and precocious. In first grade, his language Nowhere in Alaska were the competing in- community. As the Baptist Ministers Union has skills tested out at high school levels and terests for land so fierce as in southcentral stated, he has moved beyond his pulpit into fortunately, he had a teacher who gave him Alaska. Nearly 20 years ago, Cook Inlet region our communities to respond with love to the the opportunity to pursue independent and challenging work. Currently, he and a friend and its six villages entered into a series of needs of all persons, irrespective of color, are working with the friend’s father to build agreements with the Department of the Interior class, creed, gender, or sexual orientation. a robot and learn computer programming. that were intended to address the competing That is why I am proud to recognize him Fortunately, his friend comes from a family land interests in southcentral Alaska and, at today. He is more than a ``good neighbor''Ðhe with greater resources than ours, and he gets the same time, provide for the fulfillment of the is the best neighbor! E 722 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 VINCENT BRUNHARD, JR., THOMAS J. STANTON, JR. ON THE THE DISADVANTAGED MINORITY HONORED SUPER HONOR ROLL HEALTH IMPROVEMENT AUTHOR- IZATION EXTENSION ACT OF 1995 HON. CAROLYN B. MALONEY HON. DONALD M. PAYNE HON. LOUIS STOKES OF NEW YORK OF NEW JERSEY OF OHIO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, March 28, 1995 Tuesday, March 28, 1995 Tuesday, March 28, 1995 Mr. STOKES. Mr. Speaker, I rise to intro- Mrs. MALONEY. Mr. Speaker, all too often Mr. PAYNE of New Jersey. Mr. Speaker, it duce the Disadvantaged Minority Health Au- outstanding members of our respective com- is with pride and pleasure that I bring to the thorization Extension Act of 1995. This impor- munities work extremely hard to make our attention of my colleagues an event taking tant legislation would simply reauthorize the towns, cities and States better places without place this evening, here in Washington. The programs authorized by the enacted Dis- receiving the recognition they deserve. On Washington Center for Internships and Aca- advantaged Minority Health Improvement Act Sunday, April 2 this situation will be remedied demic Seminars is holding its annual Honor of 1990. The legislation is as relevant today as for one man who has given so much to my Roll Award dinner. it was in 1990Ðwhen I originally introduced it district in Brooklyn, NY. The Washington Center is an independent, in the House, and Senator EDWARD KENNEDY, Every year since 1959, the Pulaski Associa- nonprofit, educational organization founded 20 of Massachusetts, introduced it in the Senate. tion has recognized one prominent Polish- years ago. It has served over 20,000 college The measure that I am introducing today in- American for his or her outstanding contribu- and university students while fulfilling its mis- cludes the reauthorization of health profes- tions to the community. On April 2, I will have sion to utilize the resources of the Nation's sions loans, scholarships, and fellowships for the great pleasure of being present when the capital to provide participatory learning experi- disadvantaged students; the Department of Pulaski Association of Business and Profes- ences in order to enhance students' academic, Health and Human Service's Office of Minority Health; public housing health services; and sional Men honor Vincent Brunhard as a civic, and professional development. centers of excellence. A simple reauthorization friend, I can think of no one who is more de- As the Washington Center celebrates its would allow these critical programs to continue serving of this great honor than Vincent. twentieth anniversary this evening, it is also to provide a basis and a focus for improving Vincent's involvement with the community is paying tribute to an outstanding member of the health status of all Americans. longstanding. He has served as the past presi- our society and an extremely fine New Mr. Speaker, I am sure you know just how dent of the Pulaski Association of Business JerseyanÐThomas J. Stanton, Jr. If any one critical this legislation is to disadvantaged and Professional Men, and is currently chair- word could be used to describe Tom Stanton Americans. Certainly, every racial and ethnic man of the its board of directors. Since its in- it would be consistent. Tom Stanton is consist- minority group experience some health dispar- ception, the Pulaski Association of Business ent in working toward a better society. ity. Unfortunately, minorities and other dis- and Professional Men has lent its strong sup- Over the years he has utilized his re- advantaged Americans continue to suffer dis- port to charitable organizations, both through sources, expertise, and talent for the benefit of proportionately higher rates of cancer, heart financial and non-financial means. Vincent has many. And he has done this in no small meas- disease, stroke, diabetes, aids, and infant been at the forefront of these efforts, as well ure. When Tom Stanton commits to something mortality than the general population. The list as spearheading many of the organization's you can count on him becoming personally in- goes on. What is important for each Member other worthy causes. He has helped raise and volved. At the Washington Center he is vice of Congress to realize is that, whether the administer scholarship money to students of chairman of the board on which he has served focus is on the rate of mortality or morbidity, Polish descent, organized educational semi- since 1985. He has used his expertise as a the disparity in health status continues to dete- nars for its members, and promoted the banker to contribute to the growth and stability riorate. achievements of outstanding Polish-Americans of the program. He has generously given his Most importantly, the health and quality of throughout New York City. time to the Washington Center's interns by life disparities continue while the United States In addition to his involvement with the Pu- making numerous presentations and sharing has the most sophisticated medical system in laski Association of Business and Professional his experiences and knowledge of corporate the world; and while the United States contin- ues to witness an unprecedented explosion in Men, Vincent also serves as vice-president of America and the importance of public service. scientific knowledge resulting from biomedical the General Pulaski Memorial Parade Commit- His philanthropic benevolence is well docu- research; and while the United States has a tee and national delegate to the Polish Amer- mented. phenomenal capacity to treat and cure dis- ican Congress. He is also a member of the Mr. Speaker, Tom Stanton retired several ease. This national health problem affects Greenpoint Lions Club, the Polish and Slavic years ago but I am sure he is more active each of us and our communities individually Center of Greenpoint Brooklyn, and is a board now. Ever consistent in his goal to make a dif- and collectively, and thus requires our joint member of the Greenpoint YMCA. In 1994, ference, he has undertaken a new project. He commitment to alleviate. Vincent served as Grand Marshall of the Pu- has agreed to serve as co-chairman of the Mr. Speaker, it is against this backdrop of laski Day Parade, a marvelous event that I New Jersey Scholarship Fund. This fund is continued human pain and suffering that I in- have had the honor of attending. being established to enable qualified, deserv- troduce, and I ask my colleagues to lend their As incredible as it may seemÐgiven ing college and university students from New strong support to ensure the enactment of the amount of time he spends helping othersÐ Jersey to spend a semester in Washington, Disadvantaged Minority Health Authorization Vincent is also a devoted husband and father. DC as an intern in the Nation's capital. Over Extension Act of 1995. He and his wonderful wife Gloria are the the years, I have been able to provide intern f proud parents of four children and four grand- opportunities to several of the Washington children. Active members of the church, he Center's New Jersey students. These intern- LEGISLATION TO CONTROL and Gloria are parishioners of St. Josephat's ships have been pleasant experiences for my GROWTH OF MEDICAID EXPENDI- Catholic Church in Bayside, Queens. office and the students. I would like to encour- TURES Mr. Speaker, I am extremely happy that we age other Members to share in the experi- are not about to let the achievements of an- ence. HON. SUSAN MOLINARI other outstanding citizen to go unnoticed. I Mr. Speaker, I am sure my colleagues will OF NEW YORK would ask that my colleagues join me in salut- want to join me as I congratulate and thank IN THE HOUSE OF REPRESENTATIVES ing Vincent Brunhard for his undaunting com- Thomas J. Stanton, Jr. for promoting the de- Tuesday, March 28, 1995 mitment to the Polish-American community, velopment of our future leadership in the pub- Ms. MOLINARI. Mr. Speaker, today I stand and I thank the Pulaski Association of Busi- lic, private, and nonprofit sectors of our soci- before this House to introduce legislation that ness and Professional Men for honoring him ety. will control the growth of Medicaid expendi- with their Man of the Year award. tures by rewarding States that make an effort to reign in runaway Medicaid spending. This bill is a companion to the one introduced yes- terday in the other body by Senator D'AMATO March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 723 and cosponsored by the majority leader, Sen- developers would have been overwhelmed by Reverend Doctor Orr was united in holy ator DOLE. Both bills are pivotal in our goal to or simply rejected. In one instance, AT&T ap- matrimony to Dorothy Jackson in Ft. Lauder- reduce Government waste and spending. proached David to choose a site and design dale, FL. To this union, three sons and a First, this legislation directs the Secretary of and build an 840,000 square foot electronic daughter were born. Health and Human Services to establish a research lab within 24 months. He met this Allen was a personal friend since childhood. Medicaid spending baseline for each State. challenge, including completing a 40,000 He will be sorely missed by all. Additionally, any State that holds its spending square foot computer center in only 60 days. f below the baseline would receive a payment David has devoted a great deal of his re- equal to 20 percent of the resulting savings to sources, time, and energy to tackling the dif- THE NATIONAL REVIEW—HOME OF the Federal Government. ficult problems that Israel faces in the Middle THE BIG WHOPPER This legislation is based on an idea set forth East and he has not been hesitant to fight for by New York Governor George Pataki, when what is right. As president emeritus of the he testified recently before the House Ways American-Israel Political Affairs Committee, HON. PATRICIA SCHROEDER and Means Committee. Many States including David has been an effective and influential my home State of New York, are attempting to friend of Israel. As vice president of the Wash- OF COLORADO reduce the cost of Medicaid programs by ington Institute for Near East Policy, David has IN THE HOUSE OF REPRESENTATIVES greater use of managed care. Through New worked with leaders like Alexander Haig, York's efforts, the Federal Government stands Jeane Kirkpatrick, and George Shultz. David is Tuesday, March 28, 1995 to save nearly $2 billion. Governor Pataki is also an area chairman for the Anti-Defamation Mrs. SCHROEDER. Mr. Speaker, one of our right to suggest that if the States can save the League and vice chairman of the National colleagues sent around a Dear Colleague Federal Government money through cost-sav- Jewish Democratic Council. In these diverse today enclosing ``Mud Path,'' an article by ings initiatives such as Medicaid managed and demanding capacities, David has distin- Washington attorney George Tobin, published care, then the States should share in the sav- guished himself as an enlightened leader with in the April 3, 1995, National Review. This arti- ings as a reward. These efforts have the po- a wealth of ideas. cle purports to critique the ethics charges tential to improve the quality of care for Medic- On April 3, David will receive the National lodged against Speaker of the House NEWT aid beneficiaries as well as dramatically lower Award of the Orthodox Union Institute for Pub- GINGRICH. the cost to the American taxpayers. Both of lic Affairs in recognition of his outstanding con- Steve Jost, who has assisted former Rep- these goals have received bipartisan support. tributions to the American Jewish community. resentative Ben Jones in filing some of the We must provide States with the incentive Surely there is no individual more deserving of ethics charges, spoke with Mr. Tobin after his to make their Medicaid programs more effi- this high honor. Mr. Speaker, I urge my col- article appeared. Mr. Tobin admitted he had cient. This is precisely what this bill would do. leagues to join me in extending our most not read the complaints filed against Mr. GING- No State would be penalized for spending heartfelt gratitude and admiration to this ex- RICH, but instead had relied on ``summaries of above the baseline, but those that spend traordinary American. the articles provided to me'' from people ``I'm below the baseline would be rewarded. Re- f not at liberty to disclose.'' warding States that save the Federal Govern- This will give you some idea of the level of ment money is not only fair, but makes sense. TRIBUTE TO REV. DR. ALLEN EUGENE ORR, SR. scholarship involved in preparing Mr. Tobin's Comprehensive and systematic reform is re- article. He hadn't even bothered to read the quired in order to preserve Medicaid for future complaints he was allegedly critiquing. generations. HON. ALCEE L. HASTINGS Mr. Jost subsequently submitted to the Na- This bill is long overdue and necessary to OF FLORIDA tional Review a letter critiquing Mr. Tobin's cri- preserve Federal and State programs for the IN THE HOUSE OF REPRESENTATIVES tique. In short, Mr. Jost found that Mr. Tobin health care of our Nation's low-income fami- Tuesday, March 28, 1995 had told enough whoppers to open a Burger lies. Mr. HASTINGS of Florida. Mr. Speaker, the King. f State of Florida has suffered a tremendous Mr. Jost's letter follows: DAVID STEINER: IN RECOGNITION loss with the passing of Reverend Doctor FRAILOLI/JOST, INC., Allen Eugene Orr, Sr. Washington, DC, March 22, 1996. OF OUTSTANDING PUBLIC SERV- Editor, NATIONAL REVIEW, ICE Allen Eugene Orr was born on September Attn: Karina Rollins, 16, 1931 in Fern Park, FL, to the Late Rev- New York, NY. HON. TOM LANTOS erend E.J. and Sarah Orr. He attended ele- DEAR EDITOR: In what might earn the OF CALIFORNIA mentary school in Altamonte Springs and was championship trophy for political hypocrisy, IN THE HOUSE OF REPRESENTATIVES an honor graduate of Hungerford High School George Tobin attacks what he labels ‘‘false in Eatonville, FL. Allen won the Lewis State ethics charges’’ against Newt Gingrich with Tuesday, March 28, 1995 Scholarship, a 4-year scholarship which was a diatribe of patently false assertions. His Mr. LANTOS. Mr. Speaker, it gives me great awarded by the State of Florida. He attended article ‘‘Mud Path’’ contains no less than pleasure to rise today to recognize the ex- Florida A&M College where he received a fourteen whoppers so grand in scale we’re lucky Mr. Tobin hacks away at legal briefs traordinary accomplishments of a distin- bachelor of science degree. He attended the and not cherry trees, or Washington, D.C. guished and public spirited American and University of Vermont on a National Science would be without it’s annual spring festival. good friend, David Steiner. Over the years, Foundation grant and also attended Florida I called Mr. Tobin and asked him if he had David has shown leadership and unparalleled State University. He earned a master's degree read the complaints against Gingrich. He intelligence when tackling the immensely dif- and subsequently a doctor of education de- told me to read ‘‘summaries of the com- ficult endeavors he frequently undertakes, gree from the University of Miami (Florida). plaints provided to me’’ from people ‘‘I’m not whether it is developing an innovative and As a commissioned officer in the U.S. at liberty to disclose’’ functional industrial office park under a tight Armed Forces, Lieutenant Orr served his Maybe Gingrich’s staff wrote ‘‘Mud Path’’ deadline or developing meaningful answers to country at home and in Germany. As an edu- and asked Mr. Tobin to put his name to the article. If so, it makes one wonder why they our complex foreign policy questions in the cator, he devoted over 30 years of his life in feel compelled to prevaricate so much. If Middle East. David deserves the highest pos- Broward County as a teacher of science in the not, and this is an example of Mr. Tobin’s at- sible commendation for his many accomplish- middle and high schools, as an assistant prin- tention to detail, it is clear why he supports ments. cipal and the director of human relations at the tort reform. It’s probably tough winning a David's distinguished career dates back to county level. He was a member of the Alpha contingency case when you get so many the Korean war. When called to duty, First Phi Alpha Fraternity, Phi Delta Kappa, and the facts wrong. With contingency law, unless Lieutenant Steiner led a military team building Masons. you win you don’t get paid. bridges and hospitals. When he returned He was ordained as an A.M.E. Minister of We’re not nit-picking here. In a complex, home, David became a partner with the Sudler the Gospel. He was an astute scholar of the fact intensive case like the one against Ging- rich, dates and evidence matter. Consider Cos., and he later became its president and Bible, and he radiated an unceasing love for these fourteen instances where Tobin’s arti- CEO. He has been a driving force at this high- the ministry. He served as pastor of Allen cle twists the facts, and anyone will under- ly successful company for over four decades. Chapel A.M.E. Church in Miami, FL; St. Paul stand why the case against Gingrich has David's career presented him with many A.M.E. Church in Delray Beach, FL; and Mt. been under review by the Ethics Committee challenges and obstacles that less tenacious Zion A.M.E. Church in West Hollywood, FL. for more than six months. E 724 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 Whopper #1.—Tobin writes that Dean Tim- tiation. This would mean that the percent- gia on the foundation payroll to work on the othy Mescon of Kennesaw State College age of contributions which fall in the course, only to return to Washington and heard Gingrich speak in March 1993 and ap- ‘‘infomercial’’ category rises from the 7% GOPAC. proached the Congressman afterwards with Tobin calculates to 11.8% of the actual total. Whopper #10.—Mr. Tobin alleges, without the suggestion he teach the ‘‘Renewing In either case, Tobin is citing ‘‘facts’’ which support, that the activities of the Kennesaw American Civilization’’ course at the Dean’s confirm the allegation. State College Foundation and the Progress campus. When officials at Reinhardt College leaned and Freedom Foundation ‘‘are unquestion- This is pure baloney. In fact, Gingrich and of these facts from Roll Call, they conducted ably lawful’’ in relation to their support for Mescon had known each other since Novem- their own review of the course and in- the college course. ber, 1991, according to documents from the structed Gingrich to remove the offending As reported in the Washington Post, Roll College. On October 14, 1992, Gingrich hand- commercials. Professor Kathleen Minnix, Call, and the Atlanta Constitution, the Ging- wrote a note to Mescon suggesting a meet- who co-teaches the course at Reinhardt with rich case has many parallels with an earlier ing. It was one of many letters he and Gingrich, told Roll Call, ‘‘What I found is es- case brought before the IRS. GOPAC consult- Mescon exchanged regarding Gingrich’s ef- sentially what you found.’’ Minnix also told ant Joe Gaylord was a board member of the forts to help Mescon’s consulting business the Atlanta Constitution that Reinhardt of- ‘‘American Campaign Academy’’ a tax ex- get government contracts for work in Africa. ficials were asking for the commercials to be empt entity shut down by the U.S. Tax Court By march 1, 1993, Gingrich and Mescon had removed because of the ‘‘appearance of im- because it improperly engaged in partisan already met in Washington, D.C. to discuss propriety.’’ Read the Ethics Manual. It spe- political activity, violating its tax-exempt the course and Gingrich wrote a lengthy cifically instructs Members of Congress to status. Gingrich has been asked by Mr. memo assigning congressional staff and con- ‘‘at all times avoid’’ situations which create Grandy and his colleague Mr. McDermott, sultants at GOPAC to work with Mescon. the ‘‘appearance of impropriety’’. then the chair of the Ethics Committee, to Whopper #2.—Tobin says Gingrich first Whopper #6.—Tobin reports that the Geor- respond on this issue and about Mr. Gay- asked Jeffrey Eisenach, executive director of gia Board of Regents met in ‘‘October 1993, lord’s role in the college course. The partisan GOPAC, to work on the course in May of without prior notice,’’ to close a loophole marketing of the course, and GOPAC’s ex- 1993. Gingrich exploited to teach at Kennesaw. tensive role, raise serious questions about Check the documents. Eisenach was direct- The Board unanimously approved the whether the tax-exempt foundations behind ing the course from GOPAC’s offices since change after discussing it a month earlier the course acted lawfully. February. Gingrich’s March 1 memo in- during a prior meeting. The Atlanta Con- Whopper #11.—Without citing any ref- structs Eisenach to work up a budget for the stitution reported the next day that ‘‘Ging- erence to ethics rules or codes of conduct, course and identifies him as one of four co- rich, who last month (emphasis added) said Tobin alleges that Minority Whip David authors of the course textbook, along with he would abide by any change the regents Bonior’s prediction that the Committee Gingrich, Mescon and GOPAC consultant made and would seek out a private school as ‘‘will deadlock’’ is in itself an ethical viola- Steve Hanser. the future of his home course, took the news tion if based upon conversations with com- Whopper #3.—Gingrich wrote to the Ethics personally.’’ mittee members. committee on July 21, 1993 and informed the The irony of this Tobin falsehood is that If that were true, Gingrich himself should Committee that his staff members ‘‘would be Gingrich disputes it. He has admitted he re- be in jail for his regular consultations with asked to comment on the course content, but imbursed the U.S. Treasury for improperly Republican members of the Ethics Commit- would not be asked to perform any specific using an official fax machine on September tee considering the complaint against then- tasks.’’ 7th to send a lengthy defense of his course to Speaker Jim Wright. What Gingrich under- Kennesaw documents demonstrate that the Regents, written on official stationery, stood then, and Tobin forgets now, is that three Gingrich staffers, Linda Nave, Alan lobbying against their impending decision. Member to Member communications are pro- Lipsett, and Tony Blankley, were ‘‘tasked’’ The whole campus knew about the Regents tected speech under the Constitution. The by Gingrich to work on legal matters, press meeting, especially Professor Gingrich. reason he cited no ethical violation is be- relations, and to lobby Kennesaw officials Whopper #7.—Tobin states that GOPAC cause there is none, just Tobin’s assertion. against an impending decision to cancel the ‘‘treasurer’’ Pamla Prochnow ‘‘had limited Whopper #12.—With respect to the sweet- class. Just this week, the Los Angeles Times contact with the project in its first few heart deal Gingrich received from Jones reported that Lipsett and an unnamed Ging- weeks.’’ InterCable, Tobin makes the allegation that rich associate admitted congressional staff Again, look at the documents. Prochnow the Gingrich course ‘‘got the same deal that ‘‘participated in everything from strategy was the Finance Director for GOPAC, not every other course on ME/U gets.’’ meetings to clerical errands.’’ Lipsett told treasurer, and appears on dozens of memos Even the Jones folks can’t side with Tobin the Times: ‘‘Looking back, perhaps we and faxes regarding her efforts to raise funds on this one. Their own press spokesman Jim should have created a few more fire walls.’’ for the course during March, April, May and Carlson states the Gingrich course is being Whopper #4.—In an exclusive, Tobin re- June of 1993. broadcast without the standard agreement ports that on August 3, 1993, Congressman Whopper #8.—Tobin makes reference to an ME/U negotiated with 35 other universities Fred Grandy wrote to Gingrich and gave him analysis of the course written by ‘‘tax ana- for tuition payments. It’s a one-of-a-kind permission to teach the course. lyst Lee Shepard, appear[ing] in the Septem- deal. Tobin has us at a disadvantage here. Ap- ber 20, 1993 issue of the authoritative Tax Whopper #13.—Tobin invents a character- parently, he is the first person outside of the Notes Today.’’ He goes on to complain ‘‘this ization of the Schroeder complaint as argu- Ethics Committee that has been able to get refutation of the charge of favoritism and in- ing that ‘‘any appearance of an elected figure a copy of this letter. Despite repeated re- fluence peddling has not been cited’’ in the on television in a context other than a paid quests from the press and Ben Jones himself, pieces attacking Mr. Gingrich’s course. campaign spot constitutes a donation of air Gingrich has steadfastly refused to make Well, it has been cited, in Roll Call and the time * * * ’’ this letter available for the public. Los Angeles Times, accurately reporting He’s simply got it wrong. Schroeder makes If we take Tobin’s word for it, Grandy that Ms. Shepard found many problems in no such assertion. In a silly extension of his granted Gingrich permission on behalf of the the tax code with the Gingrich course. In a own illogic, Tobin suggests Schroeder’s ap- Ethics Committee to raise tax-exempt funds more recent article, Mrs. Shepard goes be- pearance on CNN’s Capital Gang is a gift of for the course so long as ‘‘no congressional yond even the ethics complaints to suggest free air time from Ted Turner. The dif- funds were used.’’ In point of fact, page 107 of that Gingrich might have violated the IRS ference between a news show, controlled by the ‘‘House Ethics Manual’’ discusses the rel- prohibition against ‘‘personal inurement’’ by the network, and directed by the reporters evant teaching restrictions which apply to private individuals from the benefits of tax- asking questions, and Mr. Gingrich directing the Gingrich case. Members may teach, so exempt activities. producing and controlling 20 hours of free long as ‘‘no official resources, including staff Whopper #9.—It is clear Mr. Tobin has not cable time, unedited, is the difference be- time, are used in connection with the teach- read the Ben Jones complaint. Not only does tween day and night. It is a gift to Gingrich ing.’’ he get the date it was filed wrong, (Septem- because he alone controls the content. Thanks to Gingrich’s own staff, we now ber 7, 1994, not October 31, 1994) but he has Whopper #14.—Tobin attacks a March 8, know that they were quite extensively in- turned the central argument of the com- 1995 story in the Washington Post as a ‘‘dis- volved, in violation of the Ethics Manual. plaint inside-out. Jones did not allege that tortion’’ and ‘‘the exact reverse of the truth’’ Grandy’s letter, quoted at length by Tobin, GOPAC funded the Gingrich course, although on the critical issue of whether the Grandy was equally precise in the prohibition 80 percent of the money came from prior do- letter authorized Gingrich to use the House against staff time. Gingrich just ignored it nors to GOPAC or Gingrich’s campaign com- floor to solicit for the course. and the Ethics Manual. mittee. The Jones complaint centered on the Tobin points out that Grandy’s letter re- Whopper #5.—Tobin alleges that ‘‘the facts fact Gingrich used tax-exempt, tax-deduct- stated House Rules which authorize Members don’t confirm’’ the charge that Gingrich ible funds to finance the partisan political to assist tax-exempt organizations with cited corporations in his course as a form of activities of GOPAC through the college fundraising so long as ‘‘no official resources advertising for his sponsors. course. Five members of GOPAC’s staff were are used, no official endorsement is implied, Kennesaw accounting records show the paid or reimbursed from tax-exempt funds to and no direct personal benefit results.’’ His total cost of the course was $390,676, not work on the course. One even left GOPAC’s tortured logic is that by granting Gingrich $660,000 as Tobin reported without substan- employ for six months and relocated to Geor- permission in the same letter to place his March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 725 lectures in the Congressional Record, LINDA KAREN FRIEDMAN-LEVIN to his dedication to social justice for all that Grandy gave Gingrich a blanket ex- BECOMES A CITIZEN Ms. Xochihua becomes a citizen of the United emption from complying with the States of America on his birthday. I commend House Rules cited in his letter. It is HON. ELIOT L. ENGEL and applaud Ms. Xochihua for her loyalty and completely lost on Tobin that Grandy’s OF NEW YORK her commitment to our country and congratu- late her on new citizenship. letter, like all advisory opinions from IN THE HOUSE OF REPRESENTATIVES the Ethics Committee, granted only f conditional approval for Gingrich’s Wednesday, March 29, 1995 conduct, so long as Gingrich complied Mr. ENGEL. Mr. Speaker, every year thou- REPUBLICAN TAX BILL WOULD with all House Rules. sands of men and women from all over the PROVIDE HUGE BENEFITS TO A By highlighting the Grandy letter, Mr. world become citizens of the United States of PRIVILEGED FEW! Tobin has undermined Mr. Gingrich’s case. America. As they take the oath of citizenship, We now have learned from Gingrich’s staff they acquire the rights of a citizen of the Unit- HON. SAM GIBBONS that he used official resources on the course. ed States, as well as the responsibilities those OF FLORIDA Documents before the Ethics Committee rights carry. show that GOPAC staff reprinted Gingrich’s IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, on April 7, 1995, Mrs. Linda Congressional Record remarks and enclosed Wednesday, March 29, 1995 them with their Requests For Funding, vio- Karen Friedman-Levin will accept those rights lating the prohibition on ‘‘official endorse- and responsibilities of a citizen when she Mr. GIBBONS. Mr. Speaker, these Repub- ment.’’ And of course, we know that Ging- takes her oath of citizenship. I am confident lican tax proposals are not equitable. They rich personally profits from the course with that Mrs. Friedman-Levin will be as committed would disproportionately favor a privileged few his $4.5 million book deal that agent Lynn to fulfilling her duties as a citizen of our coun- upper-income taxpayers. Is that how the Re- Chu and Jeffrey Eisenach both say is based try as she has been in her perseverance in publicans intend to waste hundreds of billions on the course. becoming a citizen. of dollarsÐhelping those who have and ignor- Is there any doubt now why an independent Mrs. Friedman-Levin, the mother of Emma ing those who have not? counsel is needed in this case? If the Ging- Jess and Dana Franci Levin, and wife of Alan The Republicans strenuously protest the rich organization will go to these lengths to Levin, was born in Montreal, PQ, Canada. I claim that they are helping wealthy Americans distort the facts, change dates, and misrepre- sent what actually happened, what more are would like to extend congratulations to Mrs. with these tax cuts. But the facts shed doubt they hiding? Friedman-Levin and her family and welcome on their objections. Sincerely, her as one of the newest citizens of the United One-half of the total benefit of this bill and STEVEN J. JOST. States. three quarters of the capital gains tax cut will (Mr. Jost is a Democratic political consult- f go to those with incomes of $100,000 or more. ant who worked on the Ben Jones race The broken promise of partial refundability against Newt Gingrich in 1994 and assisted MS. ARCADIA XOCHIHUA of the family credit means that families with in- with the ethics complaint filed by Jones.) comes of $20,000 or less will get only 2 per- cent of the benefit of that provision, and that f HON. ZOE LOFGREN OF CALIFORNIA is about all they will get from the total bill. On average, those with incomes of TERM LIMITS IN THE HOUSE OF REPRESENTATIVES $200,000 or more would enjoy tax cuts of Wednesday, March 29, 1995 $11,270, while those with incomes between Ms. LOFGREN. Mr. Speaker, I rise today to $30,000 and $75,000 would receive $760, a HON. RON PACKARD pay tribute to Ms. Arcadia Xochihua, a resi- mere one-fourteenth of what the wealthy will OF CALIFORNIA dent of my district. Ms. Xochihua will become get. a U.S. citizen on Friday, March 31, 1995, at The Republicans have chosen to focus their IN THE HOUSE OF REPRESENTATIVES the age of 96. She will be the first person in largess on the very small number of Ameri- Wednesday, March 29, 1995 San Jose and perhaps in the Nation to be nat- cans in the upper strata of the income range. uralized under the new Immigration and Natu- Although they will receive one-half of the total Mr. PACKARD. Mr. Speaker, this week the ralization Service [INS] regulations easing the benefits of this bill, the 13 million households House will hold the first ever vote on term lim- process for the elderly. with incomes of $100,000 or more represent its. The American people will witness a historic Mr. Speaker, let me tell you about Ms. only 6 percent of our total population. vote on an issue that previous Democrat-con- Xochihua. She was born on January 12, 1899, The Republican elitism will see to it that the trolled Congresses prevented from ever being and immigrated from Mexico to the United privileged few will get huge tax cuts. This is voted on in committee or on the House floor. States in 1923 at the age of 24. She has the purpose for which they are willing to in- Last September, House Republicans pledged worked her entire life from processing fruit and crease the Federal deficit. to bring this historic legislation to the floor. We vegetables in a cannery to owning and operat- Middle-income families will get small tax kept our promise. ing several restaurants in the area. cuts, a bigger deficit, and a bleaker future for The new Republican controlled House has Ms. Xochihua has always been a vital part their children. The Republicans know this. already shown its commitment to internal term of the community. During the Depression and They put forth this bill knowingly and without limits. The Speaker is limited to four terms in World War II, she helped people who were the interest or the commitment to help those that office, and committee and subcommittee less fortunate than herself. During the Depres- who are shortchanged by it. chairmen are limited to three terms. Now we sion, she operated a small soup kitchen out of f must take the next step and vote on term lim- her house for those who needed a hot meal. its for every elected Member of the House. She also provided clothes for women and chil- MY ONE WISH FOUNDATION, 10TH I applaud the Republican leadership for de- dren. Until about 3 years ago, she continued ANNIVERSARY vising a strategy that provides the best oppor- to provide room and board for destitute mi- tunity to secure the votes necessary for pas- grant farmworkers. HON. RICHARD E. NEAL sage. The winner takes all procedure allows Though Ms. Xochihua never married and OF MASSACHUSETTS for Members to support the term-limit package does not have children of her own, she is sur- IN THE HOUSE OF REPRESENTATIVES they feel most comfortable with regardless of rounded by her sisters and brothers who have outside groups and member sponsors. provided her with many nieces and nephews. Wednesday, March 29, 1995 Forty years of Democrat rule in the House Ms. Xochihua decided this year, on her 96th Mr. NEAL of Massachusetts. Mr. Speaker, has created an institution less accountable to birthday, that it was important to her to be- today I would like to recognize the tenth anni- the people. Republicans are working to come an American citizen. She has always versary of the My One Wish Foundation, an change this. The American people want to been patriotic and loyal to her adopted country organization based in Milford, MA. know that their representatives will serve their and wants to be called an American. My One Wish, founded in 1984 by Anthony needs, not the Government's needs. Passage Mr. Speaker, the month of March has been and Virginia Brenna, is a nonprofit group of term-limit legislation this week will bring dedicated to the late labor and human rights which grants wishes to terminally and chron- Washington closer to the people it serves leader, Mr. Cesar Chavez and March 31 is Mr. ically ill children. Over the past 10 years, this back home. Chavez's birthday. It would be a fitting tribute charitable organization has granted 42 wishes E 726 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 to youngsters in the Milford area. The most re- WELFARE REFORM Third, it shifts enormous responsibilities cent wish was granted to an 18-year-old girl There is virtually universal agreement to the states, and there are serious doubts from Medway who wished for ceramic supplies that the current welfare system discourages about states’ ability to meet them. We self-sufficiency, punishes work, and does not should certainly give states more flexibility, and a kiln oven. The presentation was made but the federal government still has an im- at the foundation's tenth anniversary celebra- ensure that parents support their children. I agree that comprehensive overhaul is need- portant role to play. The House bill sharply tion, which was attended by more than 175 ed. But I opposed the welfare reform bill curtails important federal responsibilities on friends, relatives, and well wishers, including passed by the House. While it contains some the one hand, while imposing many prescrip- sixteen former wish kids. good reforms, it guts programs important to tions that are costly to implement and in- The My One Wish Foundation operates with the health and well-being of children. I in- consistent with the notion of allowing states a staff of 25 volunteers and wishes are made stead supported another plan which more ef- to experiment. possible through donations made by individ- fectively addresses shortcomings in the sys- Fourth, the House bill would allow savings tem without punishing children. from welfare cuts to be used to finance tax uals and local organizations that sponsor breaks mostly benefitting wealthy adults. events to benefit the program. House Bill: The bill passed by the House makes vast changes in welfare programs put Taking basic needs from children to help the Mr. Speaker, please join me in congratulat- into place over the past 60 years: rich goes too far. ing the My One Wish Foundation for its 10 Assistance for Needy Families: It would re- Alternative Plan: I supported an alter- years of service and dedication to terminally place Aid to Families with Dependent Chil- native plan which does much more to pro- and chronically ill children in central Massa- dren (AFDC) with a block grant to states. El- mote self-sufficiency without punishing chil- chusetts. The caring shown by the Brennas igible families would not be automatically dren. It would save $25 billion over the next and the volunteers at My One Wish has entitled to benefits. No cash benefits could five years. be provided for children born to unmarried This alternative would require welfare re- brought much joy to these youngsters and cipients to sign a plan detailing what they their families. women under 18 (until the mother reached age 18), nor for children born to families al- will do to find private employment and what f ready receiving aid. Benefits would end if the state will do to assist them. Recipients parents are not in a work program after two would be eligible for up to two years of as- THE ECUMENICAL PATRIARCH years, and there would be a five-year life- sistance in finding a job. This work require- BARTHOLOMEW I time limit. Federal funding for this program ment would take effect more quickly than would be $11.8 billion less over the next five the one in the House bill. Recipients who do years than provided under current law. not find a job after two years would be ineli- Child Protection: The bill establishes a gible to receive AFDC, but states would have HON. MICHAEL BILIRAKIS block grant to replace existing programs for the option to provide a community service OF FLORIDA foster care and child abuse prevention and job or a job voucher which could be redeemed IN THE HOUSE OF REPRESENTATIVES treatment. After the first two years, states by a private employer who hires the individ- would not be required to spend any of their ual. Wednesday, March 29, 1995 own money on these services. The funding The alternative would provide states more Mr. BILIRAKIS. Mr. Speaker, on May 28, guaranteed is $2.7 billion less than under cur- flexibility—for example, allowing them to rent law, and would not allow for increases restrict benefits for children born to parents 1994, a provocation by Moslem militants in Is- already on welfare and to allow families to tanbul, Turkey, took place against the Ecu- in inflation. Child Care: Child care programs would be accumulate more assets while on welfare. It menical Patriarch Bartholemew I, the spiritual consolidated into a block grant. Child care would further encourage work by extending leader of 250 million orthodox Christians would no longer be guaranteed to welfare re- Medicaid coverage for former welfare recipi- worldwide including, 5 million residing in the cipients who are participating in school, job ents and guaranteeing child care assistance. United States. Three bombs were placed in training, or work, even though many would The alternative bill retains entitlement the attic of the building where the patriarch be required to do so. status for foster care services. Child support lives and were found shortly before they were Nutrition: The bill would eliminate the enforcement improvements similar to those school lunch program (including nutritional in the House bill are included. set to explode. The alternative maintains the current nu- This episode is ominous, but is only one in standards) and supplemental nutrition for women, infants and children (WIC), and cre- trition programs. In addition, it seeks to a series of provocations against the patriarch- ate two block grants—one for family nutri- eliminate fraud in the SSI program. ate and the orthodox Christian community in tion and one for school-based programs. The I do not want a welfare system that relies Turkey. new programs would receive $7.2 billion less on bureaucratic approaches, discourages Yesterday, I introduced legislation express- than under current law over the next 5 years. work, and breaks up families. The bill I sup- ing the sense of the Congress that the United The bill would retain food stamps, but cap ported is the best hope for accomplishing re- States should use its influence with the Turk- future spending. form while ensuring that the safety net for the poor is not torn apart. ish Government, and as a permanent member SSI: The bill would end cash Supplemental of the United Nations Security Council, to sug- Security Income (SSI) benefits for hundreds f of thousands of children. Future cash bene- gest that the Turkish Government ensure the fits would go only to children in institu- HONORING ANTHONY W.W. proper protection for the patriarchate and all tional care and those who would be placed in TANTILLO orthodox faithful residing in Turkey. such care without assistance. Therefore, I urge all of my colleagues who Child support: Under the bill, both the fed- believe in freedom of religion to cosponsor my eral and state governments would create HON. ELIOT L. ENGEL legislation House Concurrent Resolution 50. automated registries of child support orders OF NEW YORK The time has come for this Congress to speak and new hires. States would revoke driver’s IN THE HOUSE OF REPRESENTATIVES out once and for all against Turkey's oppres- and professional licenses of parents who are delinquent in child support. Wednesday, March 29, 1995 sive human rights record. Please sign on to Assessment: I strongly support welfare re- House Concurrent Resolution 50, thank you. Mr. ENGEL. Mr. Speaker, on April 1, 1995 form that strengthens families, encourages the Supreme Council of the Royal Arcanum, f productive work, and protects vulnerable children. But the House bill is deeply flawed. the Grand Council of New York and the Clare- WELFARE REFORM First, it slashes the amount of aid available. mont Council No. 1655 will be holding an in- Payments to the poor are just a sliver of the vestiture ceremony for 82d Legion of Honor federal budget. Two of the largest programs, member Anthony W.W. Tantillo. HON. LEE H. HAMILTON AFDC and food stamps, account for only Mr. Tantillo, a lifelong Bronx resident, is OF INDIANA 2.7% of the budget. Some reductions are cer- being honored for his many years of service tainly in order, but nothing like the $66 bil- IN THE HOUSE OF REPRESENTATIVES and dedication to the Royal Arcanum. In addi- lion proposed. tion, Mr. Tantillo has been an active member Wednesday, March 29, 1995 Second, it will leave the poor without ade- quate help in terms of recession. Ending wel- of the Columbus Alliance and the Sons of Mr. HAMILTON. Mr. Speaker, I would like to fare’s entitlement status means the program Italy. insert my Washington report for Wednesday, would be far less flexible and responsive to I am sure that Mr. Tantillo's family, neigh- March 29, 1995, into the CONGRESSIONAL changing economic circumstances. There bors, and friends join me in congratulating him RECORD. would be no extra money as need grows. on this achievement. March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 727 CONGRESSIONAL YOUTH Chamber built strong ties to schools, local As the members of the Queens Jewish War LEADERSHIP COUNCIL businesses, and the community. It is because Veterans Council join together to celebrate of the efforts of people such as Steve Green- their 60th anniversary and honor two of their HON. STENY H. HOYER berg that the economy of the San Fernando most outstanding leaders, Commander Morton OF MARYLAND Valley has begun to turn around. A. Gross and Frieda Melnick, and all past IN THE HOUSE OF REPRESENTATIVES Steve has an extensive and colorful back- county commanders, I ask my colleagues to ground in business. During the 1960's and rise and join in recognition of this most excep- Wednesday, March 29, 1995 1970's he worked as a carpenter, mason, and tional organization. Mr. HOYER. Mr. Speaker, I rise today to photographer while living in northern Califor- f pay tribute to the National Young Leaders nia. After that he worked in the film industry, Conference as it celebrates it 10th anniver- where his specialty was documentaries, edu- KILDEE HONORS STAN MARSHALL sary. Students participating in the National cational, and training films. But all this could Young Leaders Conference [NYLC] can be be considered preparation for his next job: described as ``Cream of the Crop'' and ''Part president of Sam's U-Drive, a company start- HON. DALE E. KILDEE of America's Melting Pot'' because they're ed in 1935 by his father, Sam, and grand- OF MICHIGAN among the brightest and best young minds father, Louie. from across the country and represent a broad President since 1986, Steve recently IN THE HOUSE OF REPRESENTATIVES changed the name of the company to Sam's range of cultural, racial, and economic back- Wednesday, March 29, 1995 grounds. U-Rent, reflecting the diverse range of serv- From the State of Maryland alone, over 800 ices and rental equipment the company now Mr. KILDEE. Mr. Speaker, I rise today be- young leaders have participated in this cul- makes available. He is responsible for upgrad- fore my colleagues in the U.S. House of Rep- turally diverse program. Over 100 have been ing the facilities at four sites: Van Nuys, North resentatives to pay tribute to an outstanding from my district which extends from the Hollywood, Bakersfield, and Los Angeles. labor leader in my hometown of Flint, MI, Mr. Chesapeake Bay to the Washington metropoli- Outside of his business activities, Steve has Stan Marshall, who is retiring as vice president tan area. I know that my colleagues relish compiled an extraordinary record of helping of the United Automobile Workers International each opportunity to meet with student constitu- his community. To cite a few of many exam- Union. To recognize his outstanding years of ents who have traveled to Washington to learn ples: He is a member of the Mid-Valley Police service to the UAW and to his community, more about government and citizenship. Council, a supporter of the San Fernando Val- Stan will be honored at a tribute on March 30, Sponsored by the Congressional Youth ley Association for the Retarded, and the Pa- 1995. Leadership Council, the NYLC attracts high tron's Association of Los Angeles Valley Col- Stan Marshall began his career in the UAW school students who demonstrate scholastic lege, and a former board member of the Los when he started working at the Buick plant in excellence and exhibit leadership potential. Angeles chapter of Mother's Against Drunk Flint in 1950. While at Buick he served as an Only the most talented and motivated students Driving. alternate committeeman, committeeman, shop are selected for a conference unique in cur- I ask my colleagues to join me in saluting committeeman, and chairman of the shop riculum and opportunities for young leaders to Steve Greenberg, who through his selfless committee. interact with today's national leaders. commitment to his community and his keen He was appointed to the international staff Perhaps the most enduring of conference business sense has done so much to improve of UAW Region 1±C in 1977. In 1983 he was benefits is the opportunity for students to ex- the San Fernando Valley. elected to the UAW international executive change ideas with their peers from all parts of f board as regional director, UAW Region 1±C. As regional director he served over 100,000 the country. The NYLC is often a student's HONORING THE QUEENS COUNTY first taste of the competition in the world be- UAW members at General Motors plants and COUNCIL, JEWISH WAR VETER- IPS plants in Flint, Adrian, Battle Creek, Jack- yond their high school doors. Because of the ANS, ON ITS 60TH ANNIVERSARY high caliber of students involved, substantive son and Lansing, MI. debate on contemporary issues is the norm HON. GARY L. ACKERMAN Following two terms as regional director, rather than the exception at the NYLC. Stan was elected as a UAW vice president at OF NEW YORK The curriculum is designed to challenge the its 29th Constitutional Convention in June, IN THE HOUSE OF REPRESENTATIVES minds of young leaders and to expose them to 1989 at Anaheim, CA. As vice president, Stan the wealth and diversity of opinions prevalent Wednesday, March 29, 1995 is director of the Chrysler department, the na- in their generation. While engaged in simula- Mr. ACKERMAN. Mr. Speaker, I rise today tional organizing and technical office and pro- tions addressing complex issues facing to- to join with my constituents in paying tribute to fessional [TOP] department, the General Dy- day's leaders, NYLC students learn about the the members of the Queens County Council of namics department, and the foundry depart- other students' culture, perspectives, dreams, the Jewish War Veterans [JWV] as they join ment. and aspirations. together to celebrate their 60th anniversary. While playing an important role in the UAW, In the stimulating environment provided at For more than half a century the Queens Stan Marshall is no less committed to his the NYLC, students gain new confidence in Council of the Jewish War Veterans has con- community. He has served on various organi- presenting their own viewpoints and learn the tinued a tradition begun in 1896 when the zations within the State of Michigan such as, value of understanding their peers' diverse Jewish War Veterans was first formed by a the Economic Alliance of Michigan, the Gov- backgrounds and the importance of listening group of Civil War veterans to dispel a myth ernor's Task Force on Higher Education, the to their opinions. My hat's off to the Congres- that Jews never served in the armed services. Governor's Commission on Labor-Manage- sional Youth Leadership Council, on this their For almost a century, the JWV has under- ment Relations, and the Michigan State Ath- 10th Anniversary, for inspiring and motivating taken a most diversified program that readily letic Board. our Nation's next generation of leaders! supports veterans across our country. This ef- Mr. Speaker, it is indeed an honor and a f fort has been coordinated by the Jewish War pleasure for me to rise today to urge my col- Veterans National Service Officer Program. Its leagues in joining me to recognize Stan Mar- TRIBUTE TO STEVEN GREENBERG Veteran's Administration Volunteer Service shall for his vital contributions to the dynamic Program has benefited untold numbers of hos- leadership of the UAW. As a tireless advocate HON. HOWARD L. BERMAN pitalized veterans around the Nation. Their of working men and women for over 40 years, OF CALIFORNIA Adopt-A-Vet Program has served as a model he has been a major force behind improving HON. ANTHONY C. BEILENSON for veteran support projects. In addition to the the working conditions and wages for UAW OF CALIFORNIA countless hours spent by members of local members. IN THE HOUSE OF REPRESENTATIVES JWV posts in servicing hospitalized veterans, Stan Marshall is a highly esteemed friend the JWV maintains an active and dynamic pro- and I have often sought counsel from him as Wednesday, March 29, 1995 gram in supporting Jewish Boy Scouts and I considered important issues relating to work- Mr. BERMAN. Mr. Speaker, I am honored to Eagle Scouts, college scholarship projects, ing men and women. As he moves into retire- pay tribute to Steve Greenberg, who is retiring lectures on Jewish military history and serves ment, I know that he will pursue his interests from a successful tenure as president of the as honor guards. Of major importance is the with the same zeal as he did representing the Mid-Valley Chamber of Commerce. Under JWV's continuous fight against antisemitism workers of the UAW. I wish him well in all his Steve's energetic leadership the Mid-Valley and bigotry. future endeavors. E 728 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 WELCOME TO BENJAMIN PAUL $100 per day per person under HOPWA. Re- gressional district. Many of them are the hard- BRIGGS taining this funding simply makes financial working men and women who are the back- sense to the taxpayers, as well as dem- bone of this country. Others are individuals in HON. ELIZABETH FURSE onstrates our concern for those already crip- need who are struggling to enter the workforce OF OREGON pled by this devastating disease. and share in the American dream. IN THE HOUSE OF REPRESENTATIVES f In their letters, constituents tell me how the Wednesday, March 29, 1995 THE U.S. AND FOREIGN COMMER- same Government programs which are now CIAL SERVICE—A SUCCESS being slashed and eliminated by the Repub- Ms. FURSE. Mr. Speaker, I would like to lican majority, have enabled them to secure note a very important event that occurred STORY WE SHOULD KNOW educations, obtain job training and job place- March 28, 1995. Benjamin Paul Briggs was ment assistance, and, most importantly, feed born to Janet and John Furse Briggs in Se- HON. BOB FILNER and care for their families. Many make it clear attle, WA. Benjamin Paul is my first grand- OF CALIFORNIA in their letters that they are not looking for child. IN THE HOUSE OF REPRESENTATIVES handouts, but they want very much to become Every child is the repository of all the Wednesday, March 29, 1995 world's history and all the world's hopes. Each independent and care for their families. Mr. FILNER. Mr. Speaker, I rise today to child deserves the best, in love and respect, Just recently, I received a letter from a con- voice my strong support for the continuation of and protection. Each child is the reminder that stituent regarding cuts in funding for edu- the Department of Commerce's U.S. and For- we have a duty to be advocates for children cation. The constituent, who attends adult eign Commercial Service. the world over. education classes at a homeless shelter, In San Diego County, we encourage any ef- noted the importance of the classes. She I have the highest hopes for Benjamin Paul. fort that stimulates the growth of local busi- I trust that he will care about and protect other writes, ``Sometimes I barely have bus fare but nesses. Growing businesses mean more I come, because getting my G.E.D. is very im- humans and animals and the environment. I jobsÐand that is my main priority for San portant to me.'' The letter also says. ``There is know, because I know his parents, that he will Diego. an essential need for this educational founda- understand that we are all part of one beau- The U.S. and Foreign Commercial Service tiful, fragile web of creation and that he has a [US&FCS] has a proven record of assisting tion in order to get good jobs * * * Vote part to play in its protection. small- and medium-size exports. This is a against any budget that cuts education * * * I wish you the very best Benjamin Paul and Government program that works. You will be helping so many people.'' am very glad that you are here. In the San Diego area, the US&FCS as- Mr. Speaker, I am including this letter from f sisted local firms in venturing into 85 new ex- my constituent in the RECORD. I do so with the hope that other Members will take a moment HOPWA FUNDING port markets in fiscal year 1994. It also helped 22 firms in making their first export sales. to read this document and realize that we The US&FCS operation is effective because must stand firm. I am convinced that I am HON. RICK LAZIO of its local expertise and local concern. The making the right choice. I will continue to op- OF NEW YORK office in San Diego provides area exporters pose proposals which balance the budget at IN THE HOUSE OF REPRESENTATIVES with an accessible, local resource on trade the expense of the poorest, the most vulner- Wednesday, March 29, 1995 with overseas markets. able, and the most needy of our citizens. I Mr. LAZIO. Mr. Speaker, I would like to take Operating within the International Trade Ad- urge my colleagues to read this letter from my this opportunity to commend the House of ministration of the Department of Commerce, constituent. Representatives for decisively moving to con- the US&FCS gets results. Congressman LOUIS STOKES, District 11. trol this country's destructive spending pat- Small- and medium-size exporters are pro- DEAR CONGRESSMAN STOKES, I attend Adult terns and moving toward a balanced budget. vided a highly cost-effective combination of domestic and overseas services that help Education classes in a homeless shelter. I As Members of Congress, we all know the think this class is important to me, to ob- need to control Federal spending. However, them to expand exports. This translates into much needed jobs. tain my G.E.D. to get a good job, to provide we must be careful not to cut those programs a good life for myself and kids, so we can We all want an effective, efficient Govern- that are both cost effective for taxpayers and have a good life. I come from the west side to meaningful and effective for their beneficiaries. ment, and we all support efforts to get rid of attend these classes and it’s hard. But I Specifically, I am deeply concerned about the wasteful bureaucracy. The US&FCS worksÐ come because this class is important to me, rescission of funds for the Housing Opportuni- let's keep it. getting my G.E.D. and accomplishing my ties for People With AIDS Program [HOPWA]. f goal of becoming a medical assistant. With- out it, my future seems kind of gloomy and It is imperative that we take great care to THE REPUBLICAN CONTRACT WITH protect the most vulnerable members of our empty. This is my second chance to complete AMERICA: CITIZENS ARE SPEAK- my goals. I want to have good things in life communities. We did this by maintaining fund- ING OUT and education is a must. Education opens up ing levels for both the section 202 housing for doors for good, better jobs, houses and the elderly and the section 811 funding for dis- HON. LOUIS STOKES clothes and to feel that you can do and gain abled persons programs, and we should do OF OHIO a sense of pride. I am always telling my kids to stay in school and get the best out of the same for the HOPWA Program. People IN THE HOUSE OF REPRESENTATIVES suffering from AIDS often don't have the finan- school. cial resources necessary to care for them- Wednesday, March 29, 1995 I am the mother of six. I want to get my selves. This population needs the dedicated Mr. STOKES. Mr. Speaker, very shortly, we G.E.D. because I am always telling them to housing assistance this program provides. will reach the 100-day mark in the Republican stay in school. The three older children have Some may argue that this money is not Contract With America. At the time, the Nation their diplomas. The three younger children are still in school. How can I teach them needed because there is already other Fed- will measure the success of a contract right when I don’t have mine? Please give me eral housing assistance available. I disagree. launched by the Republican Party last year. the opportunity to complete my dream and The fact is that this rescission will result in no The contract pledged to reform Congress, and to accomplish my goals. I want to be inde- new incremental section 8 vouchers, placing offered citizens of the nation an ``agenda for pendent to take care of my family and my- those with AIDS on a waiting list for a vouch- national renewal.'' self. I am coming from the west side in order er, condemning some to the streets. The The American people are able to read be- to come here. Sometimes I barely have bus HOPWA money can provide instant relief in tween the rhetoric and see the Republican fare but I come, because getting my G.E.D. is communities where people suffering from Contract With America for what it isÐa pre- very important to me. AIDS desperately need housing assistance. scription for disaster. We need not look any You should know how important Adult We cannot turn our backs. Without this further than the cuts in critical education, job Education Services are to so many of the homeless people in Cleveland, Ohio. We have funding, people with AIDS will be forced to de- training and job placement, and housing pro- so many that depend on trying to obtain pend on high-cost emergency care facilities for grams, as well as an ill-conceived and mean- their G.E.D. There is a essential need for this housing or live on the streets. Consequently, spirited welfare reform proposal, to prove this educational foundation in order to get good American taxpayers will end up paying over statement true. jobs. To help kids and get kids to college, $1,000 a day for those afflicted with AIDS who Mr. Speaker, every day I receive hundreds and even help with their homework. This is are housed in skilled facilities versus $40 to of letters from constituents throughout my con- important for the future of our community. March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 729 There are so many people who need these words spoken by Nikita Khrushchev in that on which a nation’s sovereignty can depend— classes but they are not available. I would famous ‘‘kitchen debate’’ were dead wrong. will deal with the location and routes for oil like you (Congressman Stokes) to get us the Not only will America’s children never live and gas pipelines. In response, our strategy, extra funding we need to get this job right under communism—neither will Russia’s our diplomacy and our forward military away. Only you can stop the madness. Only children. Still, there are far too many gains presence need readjusting. you can keep adult education from going to consolidate, and far too many uncertain- REALITY NO. 3: SPREAD OF WEAPONS OF MASS backwards. Let it move forward. Vote ties in the world to say that a final peace has DESTRUCTION against any budget that cuts adult edu- been won. cation. This is a vital program to so many For example, there is a resurgent Russia, The third inevitable reality for America— homeless who truly need it. Please vote asserting its position around the globe. and for the world—is the fact that while the against this budget. You will be helping so China has international ambitions of its Berlin Wall may have crumbled, weapons of many people. own, and is in the midst of a leadership tran- mass destruction haven’t. A CONCERNED CONSTITUENT. sition. There are international terrorists— Listen to just a partial roll call of coun- tries and groups that already possess nu- f often state-supported. There are global crime syndicates. There are extremist move- clear, biological or chemical weapons: North THE FIVE GLOBAL REALITIES ments based on religion or ethnic origin. Korea. Iraq. Iran. Libya. While none of these compare to the chal- Have any of these nations earned our lenge of the Soviet empire, each of these can trust? And given their past behavior, is it HON. BENJAMIN A. GILMAN pose threats to important American inter- any surprise that there are startling signs OF NEW YORK ests. that a world wide black market in nuclear weapons has emerged? IN THE HOUSE OF REPRESENTATIVES FIVE GLOBAL REALITIES AFFECT AMERICA’S All this is taking place as talks to review INTERESTS Wednesday, March 29, 1995 the global treaty limiting the spread of nu- Mr. GILMAN. Mr. Speaker, last Wednesday, It seems to me these multifaceted threats clear weapons will soon begin. Even if the should be viewed in the context of five clear the distinguished Senate majority leader, Mr. Nuclear Non Proliferation Treaty is ex- global realities which affect America’s fun- tended indefinitely, however, we must avoid DOLE of Kansas, gave a landmark address on damental interests. Only by recognizing falling into a false sense of security. We foreign policy at the Nixon Center for Peace these realities—and dealing with them with must prepare now for the future. and Freedom Policy Conference. the same commitment which led to the de- Iraq, Iran, and North Korea all illustrate In this address, Senator DOLE outlined five feat of Soviet Communism—will America the failures of traditional non-proliferation new global realities that affect America's inter- truly be able to claim victory. efforts, which depend largely on the coopera- ests abroad, including: First, we are headed REALITY NO. 1: THE ‘‘GOLDEN AGE OF tion of other states. into a ``Golden Age of Capitalism,'' second, we CAPITALISM Only after Desert Storm did the West learn must stabilize a ``New World Energy Order'' The first new reality is that the whole just how far Iraqi nuclear ambitions had pro- based on peace in the Middle East, third, our world is plunging headlong into what David gressed. And instead of announcing that the United States will veto any efforts to ease or national security is increasingly dependent on Hale of the Kemper Organization in Chicago has termed a ‘‘new golden age of capital- end U.N. sanctions on Iraq, the administra- our response to the spread of weapons of ism.’’ tion dispatches an envoy to plead with the mass destruction, fourth, we must recognize I remember when Lech Walesa told me Europeans for cooperation. Where would the challenge posed by religious extremism, that the definition of a communist economy such timidity have gotten us in the Cold and fifth, our rivalry with Russia's historic im- was ‘‘100 workers standing around one shov- War? perial ambitions has not ended. el.’’ Now, in places like Poland, Russia, Iran also appears poised for a great leap I commend the members attention to this India, Latin America, and even China—four forward in its nuclear program—thanks to a speech and ask that it be printed in full at this billion people formerly under some form of cash-hungry Russia doing for Iran what the socialism are now fighting with everything Clinton Administration has done for North point in the RECORD: they can lay hands on to not just grab a Korea. WINNING THE PEACE: AMERICAN LEADERSHIP shovel—but to build shovel factories. And make no mistake about it, the Agreed AND COMMITMENT There are now more than 30 stock markets Framework with North Korea has little pros- (By Bob Dole) in the developing world, and capitalization pect of successfully addressing the North Ko- I can’t help but think back to the day in of the four-year-old Shanghai securities ex- rean threat, and apparently, has already January of 1994, when President Nixon made change has reached $30 billion. Deng been violated by Pyongyang. his last visit to the United States Capitol. Xiaoping himself has said that no one cares American leadership in addressing these The occasion was the 25th anniversary of any more what color the cat is, as long as it non-proliferation challenges is essential if his inauguration as President. And over 100 catches mice. The bottom line is that every- additional states are not to choose the nu- past and present Senators and Congress- one wants to trade, and everyone wants to clear option. It’s worth asking: What would men—Republicans and Democrats alike—at- create and use capital on a world-wide basis. we have done—or not done—if Iraq had one tended a lunch honoring President Nixon While this new ‘‘golden age of capitalism’’ or two nuclear weapons in 1990? Preventive that Bob Michel and I hosted. offers great opportunity for America, we military action as a non-proliferation policy At the conclusion of the lunch, President must remember that many of the countries tool cannot be ruled out. Nixon stood—and without a note in his so eager to enjoy the benefits of membership There are defensive options, however, that hand—delivered one of the most compelling in the world trading system may not fully could provide the United States and our al- speeches many of us could remember. understand or accept the rules and discipline lies with protection against accidental and As always, he talked politics, and he also that go with it. limited ballistic missile strikes. Pursuing an shared some personal reflections on his life A trade war was averted with China, but effective ballistic missile defense capability and career. But the majority of his remarks other threats to U.S. commercial interests should be a top priority for U.S. defense pol- were devoted to his life’s passion—foreign will surely arise in the coming months and icy now and for the foreseeable future. policy. years, and our continued vigilance and lead- REALITY NO. 4: INCREASE IN EXTREMIST President Nixon served as our guide, lead- ership will be required. RELIGIOUS AND ETHNIC MOVEMENTS ing us on an around-the-world tour, offering REALITY NO. 2: THE ‘‘NEW WORLD ENERGY The fourth new global reality is the in- his unique perspective on the strengths and ORDER’’ crease in violence due to extremist religious weaknesses of our allies and adversaries, and The second inescapable reality of the post- and ethnic movements in many parts of the on the future as he saw it. 20th century world is that the security of the globe. In his remarks, he repeated a statement world’s oil and gas supplies will remain a Some of these movements, like the tribal that he made again and again during the last vital national interest of the United States warfare in Rwanda, or conflicts in Burma or year of his life. He said, ‘‘The Soviets have and of the other industrial powers. West Africa have little direct impact on lost the Cold War, but the United States has The Persian Gulf—the heartland of world American interests. not yet won it.’’ energy for half a century—is still a region of However, some of the instability and tur- Those words were true then—and are just many uncertainties. Saudi Arabia has been moil due to ethnic and religious violence is as true today. And while the title of this weakened financially. Iran and Iraq continue important for American interests—and could conference—‘‘After Victory’’—has a nice ring to exhibit great hostility to the West and lead to the disintegration of key states. Ser- to it, I believe the declaration may be a bit pose threats to their neighbors. And the bian genocidal aggression in the Balkans, for premature. It is, after all, possible to win the boundaries of the oil and gas heartland are example, threatens to spill over to Macedo- war and lose the peace—as the years between being redrawn to the north, to include the nia, Albania, and beyond. American and Eu- World War I and World War II demonstrate. great hydrocarbon deposits of the Caucasus, ropean inaction in the face of that aggres- WORLD STILL UNCERTAIN Siberia, and Kazakhstan. sion cannot help but embolden other radical Don’t get me wrong. The stage is set. We In this ‘‘new energy order,’’ many of the ‘‘ethno-nationalists’’ by giving them a green are the world’s only superpower. And the most important geopolitical decisions—ones light for ethnic cleansing. E 730 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 The Indian rebellion in Mexico coupled political support of virtually all reform- consisting of five members to be appointed by with financial uncertainty has resulted in minded Russians. the President, in consultation with the Con- genuine security concerns on our southern The Clinton Administration’s misguided gress, within 25 days after it is enacted. The border—and make no mistake that illegal devotion to a ‘‘Russian First’’ policy—which immigration is a security threat. has turned into a ‘‘Yeltsin first’’ policy—re- key to the success of our efforts in restoring A key NATO ally in Turkey faces Islamic sulted in the loss of a tremendous oppor- the financial health of our Nation's Capital is extremism and a separatist ethnic move- tunity to state American concerns forcefully the selection of individuals who are com- ment. Violent Islamic fundamentalists before thousands were slaughtered in petent, capable and have a good heart with threaten the government in Algeria, and Chechnya. regard to the city. The bill requires that these have launched an assault on Egypt. How long NEW REALISM ABOUT RUSSIA individuals have expertise in finance and man- would the Camp David Treaty be honored if A ‘‘new realism’’ about Russia and its pros- agement, have no connection with the District fundamentalists took power in Egypt? pects for the future does not mean a return government that could cause a conflict of in- Islamic terrorists seek to destroy the to the Cold War past. It does mean develop- peace process between Israel and the PLO— terest, and during the most recent year have ing a more honest relationship, one that does paid personal income or business taxes to the and may be having some success. With sup- not paper over important policy differences port from Iran and others, Islamic terrorists with an appeal to personal ties. District. also demonstrated at the World Trade Center New realism means emphasizing the sig- There are a few comments I would like to that America is not immune from attack. nificance of Russia’s 1996 elections, and of make regarding the powers of the authority. And ethnic turmoil in the former Soviet the pivotal importance of a peaceful, demo- First, all contracts, leases and agreements en- Union cannot be ignored, as warfare has oc- cratic transition of power. tered into by the District government will be curred in five former republics. And the And new realism means that developments subject to approval by the authority to ensure Chechens may be just one of many ethnic like arms sales to Iran, violence in groups willing to use violence to alter bound- they are in compliance with the financial plan. Chechnya, and U.N. vetoes on behalf of ag- If they are not in compliance, they will be sent aries originally set by Joseph Stalin. gressors should not be excused, ignored and In short, the list of world ‘‘hot spots’’ is far minimized. Our differences with Russia back until they are. This is important if the Dis- too lengthy for anyone to conclude that should be identified—they should be nego- trict is going to get to a balanced budget any- America can become complacent. tiated when possible and condemned when time soon. REALITY NO. 5: RIVALRY WITH RUSSIA necessary. Such an approach would ulti- Second, there is no question that the Dis- And this leads to the fifth global reality we mately serve both the Russian and the trict's financial management and information must face: the fact that geopolitical rivalry American people better than defending, de- systems are inadequate. To deal with this with Russia did not end with the demise of nying and rationalizing Russian misdeeds. problem the bill establishes a chief financial Soviet Communism. TESTS FOR AMERICAN LEADERSHIP officer of the District of Columbia who will be On his last trip abroad, President Nixon Let me conclude by sharing with you spoke before the Russian State Duma, and he appointed by the Mayor and, during the con- words that Richard Nixon spoke at the an- trol period, subject to approval by a majority foreshadowed a change in Russian-American nouncement of the creation of the Center for relations, saying: ‘‘Russia is a great power, Peace and Freedom in January 1994. vote of the authority. The chief financial officer and Russia as a great power must chart its ‘‘Some are tired of leadership. They say can be removed only with the approval of the own course in foreign policy . . . When we (American) carried that burden long enough. authority and will be responsible for all finan- have differences, we should not assume they But if we do not provide leadership, who cial activities of the District government from will be overcome by a good personal rela- will? The Germans? The Japanese? The Rus- revenue estimates and cash receipts to ex- tionship even at the highest level.’’ sians? The Chinese? Only the United States And as we have seen time and time again, penditures and cash disbursements. has the potential. . . to lead in the era be- This is the most important position in the the foreign policy course that Russia is yond peace. It is a great challenge for a great charting, is one that is often in conflict with people.’’ District government from the standpoint of the American interests. Ladies and gentlemen, President Nixon District finances. And the person in this posi- For example: was right. Leadership does come with a price tion must have as much independence as Russia stepped in the middle of the North tag. But it is a price worth paying. possible if the District government is to get Korea agreement by offering to provide nu- Dealing with the five realities I have out- back on track financially. clear reactors—which would have the clear lined will test. American’s resolve and her effect of killing the U.S. brokered deal. Third, it has become glaringly apparent that leadership. If we fail those tests—if we refuse the District needs a truly independent inspec- Russia continues to threaten prospective the mantle of leadership—any declaration of NATO members over alliance expansion, victory will be a long time coming. tor general. During the control period the in- thereby confirming the need to enlarge But I am an optimist. Like Richard Nixon, spector general will be appointed by the NATO sooner rather than later. I believe in America and in American leader- mayor subject to approval by a majority vote In December 1994, Russia vetoed a sanc- ship. I believe we will pass our tests, and in of the authority, and like the chief financial offi- tions resolution on Serbia in the U.N. Secu- doing so, we can claim the biggest victory of cer, can be removed only with the approval of rity Council, its first substantive veto since all—we will have secured the future of our the height of the Cold War in 1985. the authority. The inspector general will have great republic, and of peace and freedom, for subpoena powers and a budget that will be Russia persists in supplying weapons and generations to come. nuclear technology to the rogue regime in subject to change by the mayor or council. Iran. f This has been a problem in the past. Russia continues to maintain an intel- D.C. FINANCIAL MANAGEMENT Mr. Speaker, the next point I want to dis- ligence facility and support personnel in AUTHORITY cuss is crucial to the effectiveness of the au- Cuba, thereby prolonging Castro’s oppres- thority. In the event there is a stalemate be- sion. tween what the authority recommends and Russian pressure, subversion and intimida- HON. JAMES T. WALSH what the District recommends, the bill allows tion of the sovereign states in the ‘‘Near OF NEW YORK the authority to implement its own rec- Abroad’’ follows a historical pattern set long IN THE HOUSE OF REPRESENTATIVES before the Bolsheviks took power in 1917. ommendations whether they are executive or As Dr. Kissinger said last month before the Wednesday, March 29, 1995 legislative in nature. This power is essential if Senate Armed Services Committee, ‘‘. . . Mr. WALSH. Mr. Speaker, I am pleased to the authority is to be effective and have any what we dealt with in the Cold War was both be a sponsor of the District of Columbia Fi- impact on the efficient operation of the District communism and imperialism, and while communism was defeated, the trend toward nancial Responsibility and Management As- government. imperialism still exists.’’ sistance Act of 1995 which is being introduced The authority created by this legislation, Mr. Let me be clear in saying that no one has today by the gentleman from Virginia [Mr. Speaker, needs to have control; and it is our been more supportive of President Yeltsin DAVIS]. intention that it have control; and this bill is than I. In June 1991, I went to Andrews Air Mr. Speaker, the crafting of this bill has drafted so that it will have control over the op- Force base to meet President Yeltsin vir- taken many hours and has involved a wide erations of the District government. tually alone, since the United States State array of individuals. Our colleague, TOM DAVIS, My final comment relates to the concern Department believed Gorbachev was the has done yeoman's work and is to be com- that has been expressed by several members ‘‘only game in town.’’ But just as it was wrong to place too much mended for his skill in forging a strong bill that about the mayor's access to the Federal focus on Gorbachev in 1991, it is wrong in has bipartisan support in this House. That is Treasury. The mayor is authorized by a stat- 1995 to ignore that fact that President no easy feat. ute approved in 1937 to requisition funds from Yeltsin has made serious errors, has moved This bill, Mr. Speaker, will establish a finan- the Federal Treasury. This borrowing authority toward authoritarian rule, and has lost the cial responsibility and management authority was used primarily for cash flow purposes March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 731 prior to the District gaining access to the mu- matter if the question affects a Member of capable of acting for the public interest of all nicipal bond market in the early 1980's. It has Congress as one of a larger class, such as Americans and not just privileged economic not been used since; however, the bond mar- stockholders of a company or bondholders of elites. ket has looked to this Treasury window as the a municipality or corporation. Our bill meets this threat to American de- ultimate guarantor of securities issued by the Even at that, compliance with the provisions mocracy by insulating Members from allega- District. Therefore, it is necessary to continue of House Rule VIII is now at the discretion of tions and suspicions of personal financial chi- this access to the Treasury to maintain the each Member of Congress and entirely vol- canery in the conduct of the people's busi- marketability of the District's $3.3 billion in out- untary. In practice, this has created a very lax ness. As part of the 11-part Progressive Cau- standing long-term securities. The Federal environment in which potential and perceived cus Alternative to the Republican Contract Government in essence serves as the Dis- financial conflicts of interest are common and With AmericaÐThe Progressive Promise, this trict's ``State government'' and therefore pro- often go undisclosed to voters and the general legislation represents real congressional ethics vides the necessary assurance required by the public. When questionable cases do come to reform in contrast with self-serving gimmicks investment community. light, they serve to heighten general public like term limits that will do nothing to reduce Any funds borrowed from the Federal Treas- suspicion about the impact of special interest the corrosive influence of big money on con- ury under this bill will be deposited into an ac- money and influence-peddling on congres- gressional decision making. sional decision-making. count controlled by the authority and repaid by f the District government at the going interest That is why we are introducing our new bill rate plus one-eighth of 1 percent. In addition, to amend the Ethics in Government ActÐThe TRIBUTE TO RUDOLPH T. GIVENS: the authority will remain in existence until all of Public Interest Legislature ActÐto respond to 42 YEARS OF SERVICE TO MIAMI, the amounts borrowed under the auspices of growing public distrust arising from many DADE COUNTY, AND THE WORLD the authority, whether from the Federal Treas- Members of Congress routinely voting on bills ury or from the bond market, are repaid in full. in which they have financial interests. We be- After the control period ends, The District lieve it will go a long way toward rebuilding HON. CARRIE P. MEEK will continue to have access to the Treasury public confidence in the integrity of the U.S. OF FLORIDA window. However, under section 209 of the Congress. Fundamentally it will reassure all IN THE HOUSE OF REPRESENTATIVES Americans that their elected representatives in bill, the authority will be reactivated imme- Wednesday, March 29, 1995 diately if certain events occur, and one of the Congress are working full time on public busi- events that will trigger the reactivation is the ness and not distracted or tempted to cash in Mrs. MEEK of Florida. Mr. Speaker, this Fri- mayor's requisitioning of advances from the on public service in any sense of those words. day, March 31, the people of Dade County will Federal Treasury. If that should occur, the bor- Our bill has three main provisions: recognize the career and contributions of a rowed funds will once again be deposited into First, to require that Members of Con- truly remarkable man, Rudolph T. Givens. an account controlled by the authority. gressÐsubject to civil and criminal penalties After 42 years on the job at the Port of So I feel comfortable that sufficient safe- for failure to do soÐeither put their stocks, MiamiÐthe port's longest serving employeeÐ guards are in place to protect the Federal tax- bonds, and other financial assetsÐexcluding Rudy Givens has retired. payers. their principal homesÐin excess of $1,000 Over his long tenure, Mr. Givens has truly Mr. Speaker, I think this is a good bill and into blind trusts; or, divest themselves of their seen it all and done it all. He started out in deserves the support of this House. stocks, bonds, and other financial assets in 1952 as a dock cleanup man at what was excess of $1,000Ðexcluding their principal f then the city of Miami commercial docks, a homes. small operation in a quiet, small town. INTRODUCTION OF THE PUBLIC IN- Second, to strengthen the financial disclo- He caps his career as Assistant to the Di- TEREST LEGISLATURE ACT OF sure requirements of existing law to require rector of the Port of Miami, one of the busiest 1995 more detailed, accurate, and timely reports on cruise and cargo ports in the world. What he the financial assets of Members of Congress, did in the years in between is the stuff of leg- HON. BERNARD SANDERS their spouses, and their principal staff mem- end at the Port of Miami. OF VERMONT bers involved with legislative activities of the Rudy Givens is much more than a dedi- IN THE HOUSE OF REPRESENTATIVES Congress. At present, the disclosure require- cated and valuable employee. Never content ments are of such wide ranges and so loose Wednesday, March 29, 1995 merely to do a job, in every position he has as to make the current disclosure require- ever held he has sought to provide good serv- Mr. SANDERS. Mr. Speaker, U.S. Rep- ments of marginal use in informing the public iceÐto make the port run as efficiently and ef- resentatives MAURICE HINCHEY, CYNTHIA about potential financial conflicts of interest; fectively as humanly possible and to meet the MCKINNEY, PETER DEFAZIO, NYDIA VELAÂZQUEZ, and many needs of the customers of the port, who and myself are introducing legislation today, Third, to prohibit Members of Congress from hail from all over the world. on behalf of the Progressive Caucus, which using official expenses to pay the costs asso- Rudy Givens' knowledge, judgment, and provides a giant step forward to rebuilding ciated with preparing financial disclosure re- dedication cannot be replaced. But his reputa- public confidence in the integrity of the U.S. ports. tion for excellence, the example he set for Congress. Our bill helps make certain that all This week the Congress is acting upon an- those for whom he worked and for those who Members of Congress keep our focus on the other part of the Contract With AmericaÐa worked for him, and his dedication to service public interest by requiring that Members of proposed constitutional amendment to impose will continue to positively influence the Port of Congress put their stock portfolios and other term limits on how long a person can serve as Miami for many years to come. financial assets in blind trusts or divest. a Member of Congress which is referred to as Mr. Speaker, I know my colleagues join with Did you know that numerous State and local the so-called Citizen Legislature Act. me and our Dade County community in wish- governments require that public officeholders Like so much of the Contract With America, ing Rudy Givens and his wife, Edith, our recuse themselves on voting matters in which the proposed Citizen Legislature Act is a thanks and best wishes for happiness and they have financial interests at stake? bogus bill with a misleading title that does success in all their endeavors in the coming But not the U.S. Congress. nothing about the real problem undermining years. Did you know that Federal law since the the respect of the American people for their Civil War bars a government official in the ex- CongressÐthe funneling of enormous sums of f ecutive branch from participating in policy mat- special interest money into congressional TRIBUTE TO EMANUEL TAPP ters in which that official has a personal finan- campaigns and legislative lobbying. cial interest? The degree to which big money skews con- But not the U.S. Congress. gressional policy making in favor of special in- HON. JULIAN C. DIXON Currently, House Rule VIII requires that a terests over the public interest may be debat- OF CALIFORNIA Member of Congress not vote on matters of able. But there is absolutely no debate that IN THE HOUSE OF REPRESENTATIVES personal financial interest to that Member. But many Americans now perceive that many in truth, the scope of this rule has been dra- Members of Congress run for office to enrich Wednesday, March 29, 1995 matically narrowed over time to where it is themselves indirectly, if not directly. Unless Mr. DIXON. Mr. Speaker, I rise today to now interpreted to mean that a Member of the Congress takes serious action to correct commend Emanuel Tapp of my Los Angeles Congress should not vote when the matter is this perception, fewer and fewer Americans staff. For nearly 8 years, Emanuel has ren- personal to him or her, but may vote on the will hold on to the belief that the Congress is dered outstanding service as my secretary E 732 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 and staff assistant. He has been a loyal em- number of speakers and films, an art exhibit, true identity of the suspect. And it was un- ployeeÐan individual that my staff and I could a name reading vigil, an evening with survi- clear what motivated him to make the state- always depend on to lighten our days with a vors and a memorial service. ment, since some of the remarks could be funny story or a light anecdote. Regrettably, Those scheduled to speak include Art used against him in court. Mr. Yousef said he believed the state of Is- Emanuel is taking a disability retirement on Spiegelman, author of critically acclaimed nar- rael had no legal right to be established in Friday, March 31, 1995. Before he leaves my ratives Maus I and Maus II, David Wyman, a Palestine and accused the Israeli Govern- employ, however, I am proud to have this op- historian from the University of Massachusetts ment of ‘‘systematic murder, torture, im- portunity to commend him on his distinguished at Amherst and Alvin Rosenfeld, Director of prisonment and deportation’’ of Palestin- and dedicated service to me and the citizens Jewish Studies at Indiana University. ians. of the 32d Congressional District of California. The Conference on the Holocaust allows ‘‘The ability of Israel to commit these Emanuel hails from Greensboro, NC, where both students and community members to crimes is the direct result of the consider- his mother and father live, and where he has learn about the Holocaust in ways in which a able military and financial aid which the a large and loving family. Prior to the start of history book does not allow. A planned trip to United States of America provides annually to Israel, and it is this aid which gives Pal- his congressional career, Emanuel served the Holocaust Memorial Center in West estinians and Lebanese the right to attack honorably in the U.S. Air Force. He also Bloomfield, MI, as well as the various discus- United States targets,’’ Mr. Yousef said in worked for Pacific Telephone Co., and the Se- sion sessions and the 24 hour vigil allow par- the statement. curity Pacific Bank in Los Angeles. ticipants to actively engage in discussions and Mr. Yousef’s lawyer, Roy R. Kulcsar, said Emanuel arrived in my office on July 13, remembrance of this tragic event. he had advised Mr. Yousef against releasing 1987. He was an immediate hit with my staff I would like to acknowledge the University of the statement before his trial. ‘‘I told him for his thoughtful and caring manner and his Michigan for all of their hard work towards put- that if it were me in his position, I would not ability to handle the most difficult tasks. His ting on this very worthy event. The events of make such a statement,’’ Mr. Kulcsar said. many responsibilities have included scheduling the Holocaust must never be forgotten. ‘‘I think he regards himself as a political prisoner, and part of that is the cir- and arranging appointments for me, and serv- f cumstances under which he was brought ing as an ombudsman for constituents seeking back to the United States,’’ Mr. Kulcsar assistance from Federal Government agen- BOMB SUSPECT SAYS U.S. MERITS added. ‘‘He certainly feels the treatment he cies. He has been particularly effective in both ATTACK has received is because of his views.’’ areas, but especially as a troubleshooter for Mr. Kulcsar said Mr. Yousef’s statement the many seniors who have called and/or vis- HON. ELIOT L. ENGEL was not a confession. He said Mr. Yousef still ited my office. He has a distinct love for our OF NEW YORK maintains that he is innocent and intends to fight the charges in court. The lawyer said seniors and developed an instant and special IN THE HOUSE OF REPRESENTATIVES rapport with them. In addition, he has rep- his client was neither cooperating with the Wednesday, March 29, 1995 Government nor exploring a plea bargain resented me at community events throughout Mr. ENGEL. Mr. Speaker, I rise to call atten- agreement. my district and served as my community liai- Prosecutors have depicted Mr. Yousef as a son with the United States Commission on the tion to recent comments by Ramzi Ahmed professional terrorist who was the master- Bicentennial of the Constitution. In every in- Yousef, the man arrested in Pakistan for engi- mind of the bombing of the World Trade Cen- stance, Emanuel's performance has been out- neering the 1993 bombing of the World Trade ter on Feb. 26, 1993. Four other men were standing. Center. convicted last year in connection with the I am pleased to have this opportunity to rec- With all of the gall he could muster, this ter- bombing, but Mr. Yousef and a sixth man es- ognize the contributions which Emanuel has rorist stated that America deserved to be at- caped. made to my staff. We will miss his wit and tacked because of our support for Israel. Since he was arrested and flown back to the United States, Mr. Yousef’s real identity winning ways; however, each of us is enriched While denying carrying out the bombing which killed or injured many innocent civilians, has continued to be a mystery for the Fed- by having had the opportunity to know and eral Bureau of Investigation and the United work with him. Although he is leaving my em- Yousef stated: ``The ability of Israel to commit States Attorney’s office in Manhattan. No ploy, he will always be a part of the Dixon these crimes is the direct result of the consid- one knows for certain who he is or where he family. And as an individual who has always erable military and financial aid which the Unit- was born. More important, it is still unclear maintained an active interest in the cultural life ed States of America provides annually to Is- who provided the financial backing for the of Los Angeles, it is good to know that we can rael, and it is this aid which gives Palestinians trade center bombing. look forward to his continued involvement and and Lebanese the right to attack U.S. targets.'' Abdel Basit Abdel Karim was the name Mr. support of the arts, and his service to others. A March 25, 1995, article in The New York Yousef used when he obtained a Pakistani passport from Pakistan’s Consulate General As a fellow jazz enthusiast, I also am pleased Times, entitled ``Bomb Suspect Says the U.S. Merits Attack'', gives substantial coverage of office in New York in 1992. It was under this to note that he will be able to further cultivate name that he reportedly left the country and enjoy his love of jazz and his large collec- this outrage. I insert a copy of this article to be just hours after the explosion and flew to tion of CD's. printed in the RECORD at this point. Pakistan. Mr. Speaker and colleagues, please join me BOMB SUSPECT SAYS THE U.S. MERITS AT- Ramzi Ahmed Yousef was the name on a in commending Emanuel Tapp for his dedi- TACK; HE AVOWS INNOCENCE IN THE TRADE valid Iraqi passport that Mr. Yousef pre- cated service to the citizens of Los Angeles, CENTER PLOT sented to United States officials when he ar- and in wishing him all the best. (By James C. McKinley, Jr.) rived in New York on a plane from Pakistan Well done, my friend, well done. Ignoring the advice of his lawyer, the man in September 1992. He immediately demanded asylum, and of- f accused of engineering the 1993 bombing of the World Trade Center released a diatribe ficials took his fingerprints as part of the ap- THE 16TH ANNUAL CONFERENCE yesterday saying that Palestinians had a plication. Prosecutors say those fingerprints later turned up in the storage shed where ON THE HOLOCAUST right to attack the United States for its sup- port of Israel. they believe the trade center bomb was In an eight-page statement, the man the made. HON. LYNN N. RIVERS authorities call Ramzi Ahmed Yousef said The surname Balochi is common in the re- OF MICHIGAN that his real name was Abdul-Basit Balochi gion known as Baluchistan, a remote and IN THE HOUSE OF REPRESENTATIVES and that he was an electronics engineer and lawless border area between Iran, Afghani- Wednesday, March 29, 1995 explosives expert. He said he came from stan and Pakistan. Law-enforcement sources Pakistan and had family in both Iraq and Is- said they had never heard Mr. Yousef called Ms. RIVERS. Mr. Speaker, today, I would rael. He also claimed to have ‘‘friends and by that name before. When Mr. Yousef was like to recognize the 16th Annual Conference relatives who were killed in Palestine by the arrested, Pakistani officials said they be- on the Holocaust which is being held March Israeli Army.’’ lieved he came from the area. 19±27 at the University of Michigan. On this The statement, released yesterday by Mr. Mr. Yousef’s statement, however, suggests 50-year anniversary of the liberation of the Yousef’s court-appointed lawyer, was the that he is Palestinian and even has relatives first public comment from the trade center who were killed in the struggle against Is- death camps and concentration camps, the suspect since he was arrested in Pakistan rael. Calling Israel ‘‘an illegal and unlawful University has put together 19 events to re- last month, two years after the bombing that state,’’ Mr. Yousef said that the Israeli lands member the Holocaust and its victims. killed 6 and injured more than 1,000. should be returned to Arabs and that an Among the events scheduled for the con- But it failed to clear up some of the international court should be convened to ference are an afternoon discussion series, a central mysteries in the case, including the try the Israeli Government for war crimes. March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 733 ‘‘Since the U.S. Government, every year, for House Members is 7.5 years. That level is Office of the Clerk of the Indiana Supreme sends military and financial aid worth hun- well below the 12-year limit proposed by lead- Court. The state has 11,751 licensed attor- dreds of millions of dollars to Israel, which is ing term limits proposals. neys; of those, 2,537 are women. being used to support the Israeli occupation, Pence’s eight-person staff, which includes as well as the crimes and slaughters which And, term limits will not magically lead to three other attorneys, also will join Johnson were and are being carried out by the Israeli the election of upstanding men and women Smith, with attorney David Hensel becoming Army, all Muslims, Palestinians and Leba- who will resist corruption. Term limits cannot a partner. nese have the right to regard themselves in change human nature. It is ridiculous to argue The merger will boost Johnson Smith’s a state of war with the U.S. Government,’’ he that scandals would not occur if term limits staff size to almost 100 employees, including wrote. were in effect. 58 attorneys. Mr. Yousef then tried to justify attacks As for unintended consequences, term limits John David Hoover, the firm’s managing against United States targets as acts of war will lead to two. First, they will usher in an partner, said the merger is consistent with and compared them with the bombing at- Johnson Smith’s plan of expanding into new tacks on Japan by the United States during even more powerful world of special interests. areas of practice by adding attorneys estab- World War II, which he called ‘‘the worst ter- Power will shift from elected and accountable lished in those areas. rorist acts in human history.’’ Members to unelected and unaccountable ‘‘We’ve really looked for people in the com- The United States Attorney’s office had no congressional staff, lobbyists, and bureau- munity who could help us in areas we could official comment on Mr. Yousef’s remarks, crats. Lobbyists will write their own laws and not service our clientele in,’’ he said. but prosecutors said privately there was lit- will use their expertise and institutional mem- Pence specializes in complex white-collar tle doubt that the statement would be used ory to feed on a never-ending rotation of inex- criminal and civil litigation. against Mr. Yousef during his trial since it perienced Members. After getting a law degree from Indiana provides a clear motive for the attack. University and passing the Indiana bar exam Second, if term limits had been in existence, f in 1974, Pence couldn’t land a job with an In- Wisconsin would have been deprived of many dianapolis law firm. So she moved to Wash- THE TERM LIMITS VOTE of the banner achievements of Senator Robert ington, D.C., and joined the U.S. Justice De- LaFollette who spent 22 years in the Senate. partment. HON. GERALD D. KLECZKA Similarly, we would not have had Senator Wil- ‘‘I wouldn’t be the lawyer I am today if I hadn’t worked there for nine years,’’ she OF WISCONSIN liam Proxmire's 32 years of service. And, my said. IN THE HOUSE OF REPRESENTATIVES predecessor, Congressman Clem Zablocki, would not have been able to serve the Fourth Pence left Justice in 1983 to become a de- Wednesday, March 29, 1995 fense attorney. Three years later, she moved District in an outstanding fashion for 34 years. back to Indianapolis. Mr. KLECZKA. Mr. Speaker, over the last 2 Members like these are invaluable both to ‘‘I recognized at age 36 that my roots * ** days, the House of Representatives has been their constituents and to the Nation as a were a lot stronger than I ever thought,’’ she riveted by a fiery debate over term limits. One whole. said. of the most intriguing aspects of the debate For all these reasons, I voted against term Pence knew she wouldn’t be able to get a was the absence of partisianship that charac- limits. It is a cynical constraint on the rights of partnership in one of the city’s big law firms. terized the other legs of the Contract With the people I represent, and I could not lend So, tired of hearing the old canard that America. the limitation my support. women can’t run a law firm, she started her We have heard heartfelt arguments from own practice. f About a year and a half ago, Pence realized Members on both sides of this contentious she had to expand or merge her firm to get issue. Many of the most compelling arguments ‘‘EQUAL JUSTICE UNDER LAW’’ additional resources and support for her spe- against the concept were made by Members ciality, which requires expertise in many of the Republican Party. HON. ANDREW JACOBS, JR. areas of law. After listening to these arguments, I will cast OF INDIANA She decided to go with Johnson Smith, she said, because the firm is ‘‘growing, but grow- my vote against term limits. I will do so be- IN THE HOUSE OF REPRESENTATIVES cause term limits are not necessary, and they ing in a controlled way by bringing aboard Wednesday, March 29, 1995 will lead to harmful unintended consequences. attorneys who are really experts in their Mr. JACOBS. Mr. Speaker, etched in stone field.’’ There is a better alternative that will improve In addition to her clients, Pence will bring representation on Capitol Hill. That alternative directly across the street from this Chamber Johnson Smith a certain degree of celebrity. is to keep our faith in those we represent. are the words, ``Equal Justice Under Law.'' She commented on the trial of boxer Mike House Members face term limits every 2 years This Indianapolis Star article indicates that as Tyson for WISH (Channel 8) and is comment- when we stand for reelection. Every 2 years, a nation and a society we are inching our way ing on the O.J. Simpson trial for WRTV our records are scrutinized and our constitu- toward equal justice for women to practice (Channel 6). (The switch in stations might be ents have to make the choice about whether law. Which is not to say that Linda Pence attributable to the fact that she married or not to return us to Congress. merely inches her way toward success. She WRTV anchorman Clyde Lee between trials.) served her country well at the Justice Depart- Pence also brings Johnson Smith a certain They do a good job weeding out those who jole de vie. And it will be appreciated. they no longer want to represent them. For ex- ment, and serves it equally well by devoting ‘‘We have a remarkably good time practic- ample, half of all House seats have changed her blazing talent to find justice on the other ing law around this office * * * and Linda hands in the nineties. side of the court room. really fits into that program,’’ Hoover said. Term limits are not necessary. On this, I [From the Indianapolis (IN) Star, Mar. 16, ‘‘She has fun practicing law.’’ 1995] agree wholeheatedly with the eloquence of f one of the most distinguished Republicans in MERGER GIVES WOMAN A NAME ON THE DOOR the House, Representative HENRY HYDE of Illi- AT TOP-10 LAW FIRM TERM LIMITS ARE NEEDED TO AS- nois, who called term limits the ``dumbing (By Peter Key) SURE A REPRESENTATIVE RE- down of democracy.'' He is absolutely rightÐ Twenty-one years ago, Linda Pence PUBLIC the people of Wisconsin's Fourth District are couldn’t get a job offer from an Indianapolis smart enough not to need artificial constraints law firm. on the exercise of their democratic right to She’s about to get her name on the door of HON. STEPHEN HORN a pretty big one. OF CALIFORNIA vote for whoever they please. On April 3, Pence will merge her law prac- Term limits are not the answer to reducing tice with Johnson Smith Densborn Wright & IN THE HOUSE OF REPRESENTATIVES barriers to running for Congress. That answer Heath, which will change its name to John- Wednesday, March 29, 1995 is clearly campaign finance reform. Campaign son Smith Pence Densborn Wright & Heath. finance reform would give challengers access The merger, announced Wednesday, will Mr. HORN. Mr. Speaker, this first-ever de- to the financial, media, and other resources make Pence the only woman who is a named bate and vote on term limits is an exciting, necessary to mount a meaningful and com- partner in one of the city’s 10 largest law even historic, moment. petitive campaign. We should have spent this firms, according to Pence and Johnson As a term limits advocate since the mid- Smith. week on that topic, not term limits. ‘‘It is a big deal, and we’re proud of it,’’ 1970's, and as a Representative from Califor- Term limit proponents rail against an en- said Richard Johnson, who founded the firm nia, whose voters were one of the first to pass trenched Congress and allege that power cor- in 1983. term limits, I say it is about time that the peo- rupts Members. In fact, the entrenched Con- Women make up about 22 percent of Indi- ple's Representatives in this House do what is gress is a myth. The average length of service ana’s lawyers, according to figures from the right and pass term limits. E 734 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 Four years ago less than 33 Representa- those 450 elections, one Republican was de- joy, and harmony in our lives. If we do that, tives supported term limits. Two years ago, feated in a primary by another Republican God will sustain and uplift us as He guides us the number remained under 110. This week [1988] and two Democrats and one Repub- toward fulfilling our purpose. we will see at least 220 Members vote for lican were defeated in the general election of Mr. Speaker, today I must rely on my faith term limits. That is amazing progress, and we 1990. We do need term limits. and belief in God and his great plan to sustain should all hail the accomplishments of the Term limits are a vital first step toward con- me, as I reflect on the life of Rodney Thaxton. grassroots activists who have driven this gressional and campaign reform. Remember, Earlier this week, the Lord called Rodney change. Our need is 290 Members, the two- however, that they are only a first step. In the home at the tender young age of 37. thirds required to pass an amendment to the last session of Congress, the Republican Con- Rodney used his forceful voice to help hum- Constitution. ference endorsed a strong, bold plan to reform ble people. He used it to help the homeless, In 1990, California passed term limits on its our system of campaign finance. Our plan minorities, the downtrodden, and even those state legislative representatives. Two years shattered the control of Washington-based who committed crimes. He raised his voice later, the people of California voted in favor of special interest groups and returned control of throughout the community always standing up term limits on congressional representatives. election financing to where it belongs in the for that which is right, even in the face of that This was the reaction of voters who had clear- hands of the voters. Our plan included restric- which was wrong. ly tired of career politicians who lost touch with tions on soft money. Our plan included a com- Through his powerful mix of moral convic- the concerns of the average Californian and of plete ban on Political Action Committees. And tion and angry anecdotes, Rodney reminded voters fed up with a corrupt incumbent-protect- our plan required congressional candidates to us all that each of us has a stake in our na- ing campaign finance process. raise a majority of their campaign money from tional transformation away from selfish lives The Term Limits Institute has compiled the people who should really matter: the vot- and toward a commitment to others. He some revealing numbers: despite the revolu- ers in each congressional district. I hope that helped South Florida remember that the fel- tionary change in the 1992 and 1994 elec- we will see the passage of step one on the lowship of human beings is far more important tions, incumbents running for reelection still road to real campaign and congressional re- than the fellowship of race and class and gen- won over 90 percent of the time. In addition, form: term limits. Hopefully, it will not be too der. the average tenure of Democratic committee long after the first 100 days are over that we Rodney was at once a celebration of hu- chairman in the last session of Congress was will see campaign finance reform debated and manity, and an invocation to the Nation's con- 28 years. As a new Member in 1993, I was voted upon in this House. science; yet he was touchingly humble, intro- part of a group that sought and won the fight Let us celebrate this historic first vote on spective, and self-searching. He was, above in the Republican Conference to limit the term limits, but do not let us say this is the all, a utterance of faith and courage in a time terms of the ranking Republican on a commit- final step on the reform road. We must con- of cynicism and despair. He inspired us all to tee to a total of 6 consecutive years. That tinue to work to return control of this Congress fight injustice and to give future generations a precedent applies to the committee chairs of to the people who live and vote in our districts. legacy to preserve and future to design. the Republican majority. In addition, we limited f A vital part of our community, Rodney did the Speaker to a total of 8 years in that office. not shy away from demanding and essential The simple fact is that we must end the TRIBUTE TO RODNEY THAXTON community leadership roles. He was active in days of career politicians. The elections last the Miami-Dade Branch of the National Asso- November were revolutionary, but they also HON. CARRIE P. MEEK ciation for the Advancement of Colored People proved that being the incumbent is still the OF FLORIDA where he was branch vice president, and the best guarantee of success in an election. The IN THE HOUSE OF REPRESENTATIVES American Civil Liberties Union. He also served incumbent advantage may be weakened, but it as president of the Unrepresented People's remains alive and well. Challengers do not Wednesday, March 29, 1995 Positive Action Council [UP±PAC], where he have a competitive level campaign funding, Mrs. MEEK of Florida. Mr. Speaker, life is organized, mobilized, and advocated for the nor can challengers use taxpayer-funded not a series of unconnected events, everything disenfranchised. franked mail to send out thousands of pieces happens for a reason. And, while that reason Rodney was a consummate profession, as a of mail touting the incumbent's accomplish- may not always be readily apparent, my faith senior attorney in the Dade County Public De- ments. and trust in God helps me to accept that rea- fender's Office, defending hundreds of cases In the 1980's under an apportionment which son and its rightness. and supervising attorneys within his division. could charitably be described as ``rotten,'' the On occasion life's happenings and their se- When he saw a cause he felt strongly Democratic controlled California Legislature quence may seem a bit bewildering and even about, he made a commitment to it and he provided ``safe'' seats for Democrats and Re- unfair. During such times we must trust in His took it on. publicans. In that decade, there were 450 con- infinite wisdom and remind ourselves that He Mr. Speaker, my community, indeed, our gressional elections primary and general. In has all power and that His will is for peace, country has lost a great son. March 29, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 735 SENATE COMMITTEE MEETINGS partment of Defense, focusing on Air Services’ Food and Drug Administra- Force programs. tion, focusing on the future of Amer- Title IV of Senate Resolution 4, SD–106 ican biomedical and food industries. agreed to by the Senate on February 4, Armed Services SD–430 1977, calls for establishment of a sys- SeaPower Subcommittee Indian Affairs tem for a computerized schedule of all To hold hearings on proposed legislation To hold hearings on providing direct meetings and hearings of Senate com- authorizing funds for fiscal year 1996 funding through block grants to tribes mittees, subcommittees, joint commit- for the Department of Defense and the to administer welfare and other social future years defense program, focusing service programs. tees, and committees of conference. on surface shipbuilding programs and SR–485 This title requires all such committees the Department of the Navy’s plans for 10:00 a.m. to notify the Office of the Senate Daily modernization and recapitalization. Appropriations Digest—designated by the Rules Com- SR–222 Agriculture, Rural Development, and Re- mittee—of the time, place, and purpose Commerce, Science, and Transportation lated Agencies Subcommittee of the meetings, when scheduled, and Consumer Affairs, Foreign Commerce, and To hold hearings on proposed budget es- any cancellations or changes in the Tourism Subcommittee timates for fiscal year 1996 for the Ag- To continue hearings on S. 565, to regu- ricultural Research Service, Coopera- meetings as they occur. late interstate commerce by providing tive State Research, Education, and As an additional procedure along for a uniform product liability law. Extension Service, Economic Research with the computerization of this infor- SR–253 Service, and the National Agricultural mation, the Office of the Senate Daily 10:00 a.m. Statistics Service, all of the Depart- Digest will prepare this information for Environment and Public Works ment of Agriculture. printing in the Extensions of Remarks Business meeting, to consider the nomi- SD–138 nation of Shirley Ann Jackson, of New Appropriations section of the CONGRESSIONAL RECORD Jersey, to be a Member of the Nuclear Commerce, Justice, State, and the Judici- on Monday and Wednesday of each Regulatory Commission. ary Subcommittee week. SD–406 To hold hearings on proposed budget es- Meetings scheduled for Thursday, Governmental Affairs timates for fiscal year 1996 for the Im- March 30, 1995, may be found in the To hold hearings on the earned income migration and Naturalization Service, Daily Digest of today’s RECORD. tax credit. and the Bureau of Prisons, both of the SD–342 Department of Justice. MEETINGS SCHEDULED Judiciary S–146, Capitol To hold hearings on punitive damages Governmental Affairs tort reform. To continue hearings on the earned in- MARCH 31 SD–226 come tax credit. 9:30 a.m. Small Business SD–342 Agriculture, Nutrition, and Forestry To hold hearings to examine the Small 2:00 p.m. To resume hearings on proposed legisla- Business Administration’s 8(a) Minor- Armed Services tion to strengthen and improve United ity Business Development Program. Personnel Subcommittee States agricultural programs, focusing SH–216 To resume hearings on proposed legisla- on agricultural credit. 2:00 p.m. tion authorizing funds for fiscal year SR–332 Foreign Relations 1996 for the Department of Defense and Appropriations Western Hemisphere and Peace Corps Af- the future years defense program, fo- VA, HUD, and Independent Agencies Sub- fairs Subcommittee cusing on the Department of Defense committee To hold hearings to examine drug control Quality of Life Programs. To hold hearings on proposed budget es- strategies in the western hemisphere. SH–216 timates for fiscal year 1996 for the De- SD–419 Foreign Relations partment of Veterans Affairs, and Vet- 2:30 p.m. African Affairs Subcommittee erans Affairs Service Organizations. Armed Services To hold joint hearings with the House SD–138 To hold hearings on proposed legislation Committee on International Relations’ authorizing funds for fiscal year 1996 Subcommittee on African Affairs to ex- APRIL 3 for the Department of Defense and the amine the crisis in Rwanda and Bu- future years defense program, focusing rundi. 9:30 a.m. on Department of Energy national se- SR–325 Commerce, Science, and Transportation curity issues. Consumer Affairs, Foreign Commerce, and SR–222 APRIL 6 Tourism Subcommittee 9:30 a.m. To hold hearings on S. 565, to regulate APRIL 5 interstate commerce by providing for a Appropriations 9:30 a.m. Defense Subcommittee uniform product liability law. Appropriations To hold hearings on proposed budget es- SR–253 VA, HUD, and Independent Agencies Sub- timates for fiscal year 1996 for the De- 2:00 p.m. committee partment of Defense, focusing on Navy Appropriations To hold hearings on proposed budget es- programs. Treasury, Postal Service, and General Gov- timates for fiscal year 1996 for the Na- SD–106 ernment Subcommittee tional Aeronautics and Space Adminis- Appropriations To hold hearings on proposed budget es- tration. VA, HUD, and Independent Agencies Sub- timates for fiscal year 1996 for the In- SD–192 committee ternal Revenue Service, Department of Energy and Natural Resources To hold hearings on proposed budget es- the Treasury, and the Office of Person- Forests and Public Land Management Sub- timates for fiscal year 1996 for the Fed- nel Management. committee eral Emergency Management Agency. SD–138 To hold oversight hearings on the U.S. SD–138 Forest Service land management plan- Commerce, Science, and Transportation APRIL 4 ning process. Business meeting, to mark up S. 565, to 9:30 a.m. SD–366 regulate interstate commerce by pro- Agriculture, Nutrition, and Forestry Environment and Public Works viding for a uniform product liability To resume hearings on proposed legisla- Superfund, Waste Control, and Risk As- law. tion to strengthen and improve United sessment Subcommittee SR–253 States agricultural programs, focusing To resume oversight hearings on the im- Labor and Human Resources on market effects of Federal farm pol- plementation of the Comprehensive To continue hearings to examine activi- icy. Environmental Response, Compensa- ties of the Department of Health and SR–332 tion, and Liability Act (P.L. 102–426). Human Services’ Food and Drug Ad- Appropriations SD–406 ministration, focusing on the future of Defense Subcommittee Labor and Human Resources American biomedical and food indus- To hold hearings on proposed budget es- To hold hearings to examine activities of tries. timates for fiscal year 1996 for the De- the Department of Health and Human SD–430 E 736 CONGRESSIONAL RECORD — Extensions of Remarks March 29, 1995 10:00 a.m. APRIL 27 reau of Indian Affairs, Department of Appropriations 10:00 a.m. the Interior. Commerce, Justice, State, and the Judici- Appropriations SD–116 ary Subcommittee Transportation Subcommittee 1:00 p.m. To hold hearings on proposed budget es- To hold hearings on proposed budget es- Appropriations timates for fiscal year 1996 for the Na- timates for fiscal year 1996 for the Fed- Interior Subcommittee tional Oceanic and Atmospheric Ad- eral Transit Administration, Depart- To hold hearings on proposed budget es- ministration, and the National Insti- ment of Transportation. timates for fiscal year 1996 for the In- dian Health Service, Department of tute of Standards and Technology, SD–192 Health and Human Services. both of the Department of Commerce. SD–116 S–146, Capitol MAY 2 Appropriations 9:30 a.m. MAY 17 Transportation Subcommittee Appropriations 9:30 a.m. To hold hearings on proposed budget es- Interior Subcommittee Appropriations timates for fiscal year 1996 for the Fed- To hold hearings on proposed budget es- Interior Subcommittee eral Aviation Administration, Depart- timates for fiscal year 1996 for the For- To hold hearings on proposed budget es- ment of Transportation. est Service of the Department of Agri- timates for fiscal year 1996 for the Na- SD–192 culture. tional Park Service, Department of the Environment and Public Works SD–138 Interior. Transportation and Infrastructure Sub- Labor and Human Resources SD–192 committee To hold hearings on the nomination of To resume hearings on S. 440, to provide Henry W. Foster, Jr., of Tennessee, to MAY 24 be Medical Director in the Regular for the designation of the National 9:30 a.m. Corps of the Public Health Service, De- Highway System, focusing on issues re- Appropriations lated to the Woodrow Wilson Bridge partment of Health and Human Serv- Interior Subcommittee and the innovative financing of trans- ices. To hold hearings on proposed budget es- portation facilities. SH–216 timates for fiscal year 1996 for the SD–406 United States Fish and Wildlife Serv- Judiciary MAY 3 ice, Department of the Interior. To hold hearings to examine the right to 9:30 a.m. SD–192 own property. Appropriations SD–226 VA, HUD, and Independent Agencies Sub- JUNE 6 2:00 p.m. committee 9:30 a.m. Appropriations To hold hearings on proposed budget es- Appropriations Treasury, Postal Service, and General Gov- timates for fiscal year 1996 for the En- Interior Subcommittee ernment Subcommittee vironmental Protection Agency, the To hold hearings on proposed budget es- To hold hearings on proposed budget es- Council on Environmental Quality, and timates for fiscal year 1996 for the De- timates for fiscal year 1996 for the De- the Agency for Toxic Substances and partment of the Interior. partment of the Treasury and the Of- Disease Registry. SD–138 fice of Management and Budget. SD–192 SD–116 10:00 a.m. Appropriations CANCELLATIONS APRIL 26 Agriculture, Rural Development, and Re- lated Agencies Subcommittee MARCH 30 9:30 a.m. To hold hearings on proposed budget es- Appropriations 9:00 a.m. timates for fiscal year 1996 for the De- Armed Services Interior Subcommittee partment of Agriculture. Readiness Subcommittee To hold hearings on proposed budget es- SD–138 To hold hearings on proposed legislation timates for fiscal year 1996 for energy authorizing funds for fiscal year 1996 conservation. MAY 4 for the Department of Defense and the SD–116 10:00 a.m. future years defense program, focusing 10:00 a.m. Appropriations on current and future Army readiness. Appropriations Transportation Subcommittee SR–232A Agriculture, Rural Development, and Re- To hold hearings on proposed budget es- 2:00 p.m. lated Agencies Subcommittee timates for fiscal year 1996 for the Energy and Natural Resources To hold hearings on proposed budget es- United States Coast Guard, Depart- Energy Production and Regulation Sub- timates for fiscal year 1996 for the Food ment of Transportation. committee and Consumer Service, Department of SD–192 To hold hearings on S. 283, to extend the Agriculture. deadlines applicable to two hydro- SD–138 MAY 5 electric projects in Pennsylvania, S. 468, to extend the deadline applicable Appropriations 9:30 a.m. Commerce, Justice, State, and the Judici- to the construction of a hydroelectric Appropriations project in Ohio, S. 543, to extend the ary Subcommittee VA, HUD, and Independent Agencies Sub- To hold hearings on proposed budget es- deadline applicable to the construction committee of a hydroelectric project in Oregon, S. timates for fiscal year 1996 for the To hold hearings on proposed budget es- Legal Services Corporation. 547, to extend the deadlines applicable timates for fiscal year 1996 for Environ- to certain hydroelectric projects in Il- S–146, Capitol mental Protection Agency science pro- linois, S. 549, to extend the deadline ap- 11:00 a.m. grams. plicable to the construction of three Appropriations SD–138 hydroelectric projects in Arkansas, S. Interior Subcommittee 552, to allow the refurbishment and To hold hearings on proposed budget es- MAY 11 continued operation of a small hydro- timates for fiscal year 1996 for fossil 10:00 a.m. electric facility in central Montana, energy, clean coal technology, Strate- Appropriations and S. 595, to provide for the extension gic Petroleum Reserve, and the Naval Interior Subcommittee of a hydroelectric project located in Petroleum Reserve. To hold hearings on proposed budget es- West Virginia. SD–116 timates for fiscal year 1996 for the Bu- SD–366 Wednesday, March 29, 1995 Daily Digest

HIGHLIGHTS Senate passed Regulatory Transition Act. Senate A unanimous-consent agreement was reached to Chamber Action waive the provisions of the Congressional Budget Routine Proceedings, pages S4749–S4836 Act of 1974, and the Balanced Budget and Emer- Measures Introduced: Three bills and one resolu- gency Deficit Control Act of 1985 for the language tion were introduced, as follows: S. 644–646 and S. of Amendment No. 423, listed above, as included in any conference report on H.R. 1158. Page S4789 Res. 96. Page S4806 (3) Pressler Amendment No. 425 (to Amendment Measures Reported: Reports were made as follows: No. 420), to extend the terms of permits for grazing Special Report entitled ‘‘Legislative Activities Report on National Forest System lands to allow time for of the Committee on Foreign Relations’’. (S. Rept. compliance with the National Environmental Policy No. 104–21) Page S4804 Act of 1969 in connection with permit renewals. Measures Passed: Pages S4801±02 Rejected: Regulatory Transition Act: By a unanimous vote (1) Mikulski Amendment No. 421 (to Amend- of 100 yeas (Vote No. 117), Senate passed S. 219, ment No. 420), in the nature of a substitute for title to ensure economy and efficiency of Federal Govern- I. (By 68 yeas to 32 nays (Vote No. 118), Senate ta- ment operations by establishing a moratorium on bled the amendment.) Pages S4763±73 regulatory rulemaking actions, as amended. (2) McCain Amendment No. 424 (to Amendment Pages S4758±61 No. 420), to make adjustments to certain rescissions. Commending Chick Reynolds/Chief Reporter of Pages S4793±98 Debates: Senate agreed to S. Res. 96, commending Pending: Chick Reynolds on the occasion of his retirement. Hatfield Amendment No. 420, in the nature of a Page S4800 substitute. Pages S4763±76, S4784±89, S4791±98, S4801±02 Senate will continue consideration of the bill on FEMA Supplemental Appropriations/Rescissions: Thursday, March 30, 1995. Senate began consideration of H.R. 1158, making emergency supplemental appropriations for addi- Nomination Considered: Senate began consider- tional disaster assistance and making rescissions for ation of the nomination of Daniel Robert Glickman, the fiscal year ending September 30, 1995, taking of Kansas, to be Secretary of Agriculture. action on amendments proposed thereto, as follows: Pages S4798±S4803 Pages S4761±76, S4784±89, S4791±98, S4801±02 A unanimous-consent time agreement was reached Adopted: providing for further consideration of the nomination (1) Wellstone Amendment No. 422 (to Amend- on Thursday, March 30, 1995, with a vote on con- ment No. 420), to express the sense of the Congress firmation to occur thereon at 10:25 a.m. Page S4799 that Congress should not enact or adopt any legisla- Messages From the President: Senate received the tion that will increase the number of children who following messages from the President of the United are hungry or homeless. Pages S4773±76 States: Transmitting, the report on science and tech- (2) By a unanimous vote of 99 yeas (Vote No. nology; to the Committee on Commerce, Science, 119), Byrd Amendment No. 423 (to Amendment and Transportation. (PM–39). Pages S4803±04 No. 420), to reduce the discretionary spending caps Nominations Received: Senate received the follow- to ensure that savings achieved in the bill are ap- ing nominations: Received on Tuesday, March 28, plied to deficit reduction. Pages S4784±89 during the recess: D 434

VerDate 30-MAR-95 05:26 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\BELLA\D29MR5.REC d29mr5 March 29, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 435 John M. Deutch, of Massachusetts, to be Director Subcommittee will meet again on Wednesday, of Central Intelligence. Page S4836 April 5. Messages From the President: Pages S4803±04 NOMINATIONS Messages From the House: Page S4804 Committee on Armed Services: Committee ordered favor- Measures Referred: Page S4804 ably reported 1,361 routine military nominations in Measures Read First Time: Page S4804 the Army, Navy, Marine Corps, and the Air Force. Petitions: Page S4804 AUTHORIZATION—DEFENSE Executive Reports of Committees: Pages S4804±06 Committee on Armed Services: Subcommittee on Airland Statements on Introduced Bills: Pages S4806±20 Forces resumed hearings on proposed legislation au- thorizing funds for fiscal year 1996 for the Depart- Additional Cosponsors: Page S4820 ment of Defense and the future years defense pro- Amendments Submitted: Pages S4821±33 gram, focusing on tactical aviation issues, receiving Authority for Committees: Page S4833 testimony from Lt. Gen. Harold W. Blot, USMC, Deputy Chief of Marine Corps Staff for Aviation; Additional Statements: Pages S4833±36 Maj. Gen. George K. Mueliner, USAF, Director, Record Votes: Three record votes were taken today. Joint Advanced Strike Technology Program; Rear (Total—119) Pages S4758, S4733, S4788±89 Adm. Brent M. Bennitt, USN, Director, Air Warfare Recess: Senate convened at 9:45 a.m., and recessed Division, Office of the Chief of Naval Operations; at 7:06 p.m., until 9:20 a.m., on Thursday, March and Brig. Gen. David J. McCloud, USAF, Director 30, 1995. (For Senate’s program, see the remarks of of Operational Requirements, Office of the Deputy the Acting Majority Leader in today’s RECORD on Chief of Staff for Plans and Operations. page S4836.) Subcommittee recessed subject to call. HUD REORGANIZATION Committee Meetings Committee on Banking, Housing, and Urban Affairs: (Committees not listed did not meet) Subcommittee on Housing Opportunity and Com- munity Development and the Subcommittee on APPROPRIATIONS—AGRICULTURE HUD Oversight and Structure concluded joint hear- Committee on Appropriations: Subcommittee on Agri- ings on proposals to reorganize the Department of culture, Rural Development, and Related Agencies Housing and Urban Development (HUD), focusing held hearings on proposed budget estimates for fiscal on policy reform issues, including national policies year 1996 for the Department of Agriculture, receiv- to assist cities and communities, after receiving testi- ing testimony in behalf of funds for their respective mony from Henry G. Cisneros, Secretary of Housing activities from Michael R. Taylor, Acting Under Sec- and Urban Development; Mayor Stephen Goldsmith, retary for Food Safety; Patricia Jensen, Acting Assist- Indianapolis, Indiana; Mayor Bret Schundler, Jersey ant Secretary for Marketing and Regulatory Pro- City, New Jersey; and Mayor Dennis W. Archer, grams; Lonnie J. King, Acting Administrator, Ani- Detroit, Michigan. mal and Plant Health Inspection Service; Lon BUSINESS MEETING Hatamiya, Administrator, Agricultural Marketing Service; and James R. Baker, Administrator, Grain Committee on Energy and Natural Resources: Committee Inspection, Packers and Stockyards Administration, ordered favorably reported the following bills: all of the Department of Agriculture. S. 333, to direct the Secretary of Energy to insti- Subcommittee will meet again on Wednesday, tute certain procedures in the performance of risk as- April 5. sessments in connection with environmental restora- tion activities, with an amendment in the nature of APPROPRIATIONS—JUDICIARY a substitute; Committee on Appropriations: Subcommittee on Com- S. 523, to authorize additional funds to carry out merce, Justice, State, and Judiciary (and Related the salinity control program of the Colorado River Agencies) held hearings on proposed budget esti- Basin Salinity Control Act, with an amendment in mates for fiscal year 1996 for the Judiciary, the Ad- the nature of a substitute; ministrative Office of the Courts, and the Judicial H.R. 101, to transfer a parcel of land to the Taos Conference of the United States, receiving testimony Pueblo Indians of New Mexico; from Judge Richard S. Arnold, Chairman, Budget S. 197, to establish the Carl Garner Federal Lands Committee, Judicial Conference of the United States. Cleanup Day, with an amendment;

VerDate 30-MAR-95 05:26 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\BELLA\D29MR5.REC d29mr5 D 436 CONGRESSIONAL RECORD — DAILY DIGEST March 29, 1995 S. 357, to establish the Friends of Kaloko- Human Services; Martin Yee, White Spur Dry Honokohau, an advisory commission for the Kaloko- Cleaners, El Paso, Texas, on behalf of the Small Honokohau National Historical Park in Hawaii; Business Fabric Care Superfund Coalition; Timothy S. 363, to improve water quality within the Rio C. Duffy, Rhode Island Association of School Com- Puerco watershed and to restore the ecological health mittees, Warwick; Richard L. Bunn, UGI Utilities, of the Rio Grande through the cooperative identi- Inc., Reading, Pennsylvania; James A. Goodrich, San fication and implementation of best management Gabriel Basin Water Quality Authority, Covina, practices which are consistent with the ecological, California; John F. Spisak, Industrial Compliance, geological, cultural, sociological, and economic con- Inc., Lakewood, Colorado; Ronald W. Cattany, Colo- ditions in the region; rado Department of Natural Resources, Denver; Pat S. 378, to authorize the Secretary of the Interior Murphy, Concerned Citizens of Triumph, Hailey, to exchange certain lands of the Columbia Basin Idaho; and Rose Augustine, Tucson, Arizona, on be- Federal reclamation project in the State of Washing- half of the Southwest Network for Environmental ton; and Economic Justice, and the Washington Office on S. 392, to amend the Dayton Aviation Heritage Environmental Justice. Preservation Act of 1992 with regard to the appoint- Hearings will continue on Wednesday, April 5. ment of members of the Dayton Aviation Heritage Commission; WELFARE REFORM S. 551, to revise the boundaries of the Hagerman Fossil Beds National Monument and the Craters of Committee on Finance: Committee concluded hearings the Moon National Monument; on proposals to reform the national welfare system, S. 587, to designate the Old Spanish Trail and the after receiving testimony from Robert B. Carleson, Northern Branch of the Old Spanish Trail for poten- Free Congress Research and Education Foundation, tial inclusion into the National Trails System; San Diego, California; Kate Michelman, National S. 610, to provide for an interpretive center at the Abortion and Reproductive Rights Action League, Civil War Battlefield of Corinth, Mississippi; Penny L. Young, Concerned Women for America, S. 601, to revise the boundaries of the Blackstone John L. Carr, United States Catholic Bishops Con- River Valley National Heritage Corridor in Massa- ference, Peter J. Ferrara, National Center for Policy chusetts and Rhode Island; Analysis, and David S. Liederman, Child Welfare H.R. 536, to prohibit the use of Highway 209 League of America, Inc., all of Washington, D.C.; within the Delaware Water Gap National Recreation Sister Mary Rose McGeady, Covenant House, and Area by certain commercial vehicles; Audrey Rowe, National Urban League, Inc., both of H.R. 694, to make minor boundary adjustments New York, New York; Rev. Donald L. Roberts, to units of the National Park System and other mis- Goodwill Industries-Manasota, Inc., Sarasota, Florida; cellaneous changes involving programs and functions Merrill J. Bateman, Church of Jesus Christ of Latter- of the National Park Service, with an amendment in Day Saints, Salt Lake City, Utah; Terry L. Cross, the nature of a substitute; and National Indian Child Welfare Association, Portland, H.J. Res. 50, to designate the visitors center at Oregon; and Gwen Daye Richardson, Minority the Channel Islands National Park, California, as the Mainstream, Houston, Texas. ‘‘Robert J. Lagomarsino Visitors Center’’. Also, committee approved their fiscal year 1996 START II TREATY budgetary views and estimates on programs which Committee on Foreign Relations: Committee resumed fall under the jurisdiction of the committee which hearings on the Treaty Between the United States they will make to the Committee on the Budget. and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (START SUPERFUND REFORM II Treaty) signed at Moscow on January 3, 1993, in- Committee on Environment and Public Works: Sub- cluding the following documents, which are integral committee on Superfund, Waste Control, and Risk parts thereof: the Elimination and Conversion Proto- Assessment resumed oversight hearings on the im- col; the Exhibitions and Inspections Protocol; and plementation of the Comprehensive Environmental the Memorandum of Attribution (Treaty Doc. Response, Compensation, and Liability Act (P.L. 103–1), receiving testimony from Sven Kraemer, 102–426), focusing on Superfund program provi- Global 2000, Stephen J. Hadley, Shea & Gardner, sions, receiving testimony from Barry L. Johnson, Michael Krepon, Henry L. Stimson Center, and Jack Assistant Administrator, Agency for Toxic Sub- Mendelsohn, Arms Control Association, all of Wash- stances and Disease Registry (Atlanta, Georgia), ington, D.C. Public Health Service, Department of Health and Hearings were recessed subject to call.

VerDate 30-MAR-95 05:26 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\BELLA\D29MR5.REC d29mr5 March 29, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 437 NEW ZEALAND ECONOMY don Gee of Ohio, Joseph E. Stevens, Jr. of Missouri, Committee on Foreign Relations: Subcommittee on East and Steven L. Zinter of South Dakota, each to be a Asian and Pacific Affairs concluded hearings to ex- Member of the Board of Trustees of the Harry S amine recent developments in the economic situation Truman Scholarship Foundation; Peggy Goldwater in New Zealand, focusing on the effects of United Clay of California, Lt. Gen. William W. Quinn, States and foreign investment in New Zealand, after USA (Ret.), Lynda Hare Scribante of Nebraska, and receiving testimony from Sandra O’Leary, Deputy Niranjan Shamalbhai Shah of Illinois, each to be a Assistant Secretary of State for East Asia and Pacific Member of the Board of Trustees of the Barry Gold- Affairs; Alexander Good, Bell Atlantic International, water Scholarship and Excellence in Education Foun- Philadelphia, Pennsylvania; Paul Cushman III, Riggs dation; Sanford D. Greenberg of the District of Co- National Bank, and Paul M. Cleveland, United lumbia, Eve L. Menger of New York, Claudia States-New Zealand Council, both of Washington, Mitchell-Kernan of California, Diana S. Natalicio of D.C.; and Donald G. Jones, Cyberstar, Fond du Lac, Texas, Robert M. Solow of Massachusetts, Warren Wisconsin. M. Washington of Colorado, and John A. White, Jr. of Georgia, each to be a Member of the National BUSINESS MEETING Science Board of the National Science Foundation; Committee on Labor and Human Resources: Committee Jerome F. Kever of Illinois and Virgil M. Speakman ordered favorably reported the following business of Ohio, each to be a Member of the Railroad Re- items: tirement Board; Marciene S. Mattleman of Penn- S. 141, to repeal the Davis-Bacon Act of 1931 to sylvania, to be a Member of the National Institute provide new job opportunities, effect significant cost for Literacy Advisory Board; and Joan Challinor of savings on Federal construction contracts, promote the District of Columbia, to be a Member of the Na- small business participation in Federal contracting, tional Commission on Libraries and Information and reduce unnecessary paperwork and reporting re- Science. quirements, with an amendment; S. 555, to consolidate and authorize funds for BUSINESS MEETING health professions and minority and disadvantaged Committee on Indian Affairs: Committee ordered favor- health education programs, with an amendment in ably reported the following bills: the nature of a substitute; S. 325, to make certain technical corrections in S. 641, authorizing funds for programs of the laws relative to Native Americans; Ryan White Care Act; S. 441, authorizing funds through fiscal year 1997 S. 184, to establish an Office for Rare Disease Re- for programs of the Indian Child Protection and search within the National Institutes of Health of Family Violence Prevention Act; the Department of Health and Human Services; and S. 349, authorizing funds through fiscal year 1997 The nominations of Kenneth Byron Hipp, of Ha- for the Navajo-Hopi Relocation Housing Program; waii, to be a Member of the National Mediation S. 510, authorizing funds through fiscal year 1999 Board; Yerker Andersson of Maryland, John A. Gan- for the Native American Social and Economic Devel- non of Ohio, Audrey L. McCrimon of Illinois, opment Strategies Grant Program administered by Lilliam Rangel Pollo of Florida, Debra Robinson of the Administration for Native Americans, Depart- Pennsylvania, Rae E. Unzicker of North Dakota, and ment of Health and Human Services, with an Ela Yazzie-King of Arizona, each to be a Member of amendment in the nature of a substitute. the National Council on Disability; Robert G. Also, committee approved their fiscal year 1996 Breunig of Arizona, Kinshasha Holman Conwill of budgetary views and estimates on programs which New York, Charles Hummel of Delaware, Ayse fall under the jurisdiction of the committee which Manyas Kenmore of Florida, Nancy Marsiglia of they will make to the Committee on the Budget. Louisiana, Arthur Rosenblatt of New York, Ruth Y. Tamura of Hawaii, Townsend Wolfe of Arkansas, INTELLIGENCE Phillip Frost of Florida, and John L. Bryant, Jr. of Select Committee on Intelligence: Committee held closed the District of Columbia, each to be a Member of hearings on intelligence matters, receiving testimony the National Museum Services Board of the National from officials of the intelligence community. Foundation on the Arts and the Humanities; E. Gor- Committee recessed subject to call.

VerDate 30-MAR-95 05:26 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\BELLA\D29MR5.REC d29mr5 D 438 CONGRESSIONAL RECORD — DAILY DIGEST March 29, 1995 House of Representatives The Inglis of South Carolina amendment in the Chamber Action nature of a substitute that sought to limit lifetime Bills introduced: Fifteen public bills, H.R. service of Members of the House to three terms (6 1344–1358; one private bill, H.R. 1359; and six res- years) and Members of the Senate to two terms (12 olutions, H.J. Res. 81–82; H. Con. Res. 53, and H. years), and that provides language that states a full Res. 120, 122–123, were introduced. Pages H3974±75 term is considered as served if a Member serves more Reports Filed: Reports were filed as follows: than 50 percent of that term (rejected by a recorded Conference report on H.R. 831, to amend the In- vote of 114 ayes to 316 noes, Roll No. 276); and ternal Revenue Code of 1986 to permanently extend Pages H3941±49 the deduction for the health insurance costs of self- The Hilleary amendment in the nature of a sub- employed individuals, and to repeal the provision stitute that sought to limit lifetime service of Mem- permitting nonrecognition of gain on sales and ex- bers of the House to six terms (12 years) and Mem- changes effectuating policies of the Federal Commu- bers of the Senate to two terms (12 years) and to nications Commission (H. Rept. 104–92); provide that State law could preempt the legislation H. Res. 121, waiving points of order against the if the State limits are shorter (rejected by a recorded conference report to accompanying H.R. 831, to vote of 164 ayes to 265 noes with 1 voting amend the Internal Revenue Code of 1986 to perma- ‘‘present’’, Roll No. 276). Pages H3949±59 nently extend the deduction for the health insurance The McCollum amendment in the nature of a costs of self-employed individuals, and to repeal the substitute was offered, but subsequently withdrawn, provision permitting nonrecognition of gain on sales that sought to limit lifetime service to twelve (12) and exchanges effectuating policies of the Federal years in either body and provides language that Communications Commission (H. Rept. 104–93); states a full term is considered as served if a Member and serves more than 50 percent of that term. H.R. 1271, to provide protection for family pri- Pages H3959±65 vacy, amended (H. Rept. 104–94). Presidential Message—Science and Technology: Pages H3909±15, H3965, H3974 Read a message from the President wherein he trans- Term Limits: By a recorded vote of 227 ayes to 204 mits the Administration’s policy to make sound in- noes with 1 voting ‘‘present’’, Roll No. 277 (two- vestments in science and technology—referred to the thirds of those present not voting in the affirmative), Committee on Science. Pages H3965±66 the House failed to pass H.J. Res. 73, proposing an Amendments Ordered Printed: Amendments or- amendment to the Constitution of the United States dered printed pursuant to the rule appear on pages with respect to the number of terms of office of H3975–78. Members of the Senate and the House of Representa- Quorum Calls—Votes: One yea-and-nay vote and tives. Pages H3888±H3909, H3915±65 four recorded votes developed during the proceedings Permission To Proceed: By a yea-and-nay vote of of the house today and appear on pages H3896–97, 212 yeas to 197 nays with 2 voting ‘‘present’’, Roll H3940–41, H3949, H3958–59, and H3965. There No. 273, the House agreed to permit Representative were no quorum calls. Hoke to proceed in order with general debate on Adjournment: Met at 11:00 a.m. and adjourned at H.J. Res. 73, speech after the Chair held that certain 10:31 p.m. words be taken down as unparliamentary. Pages H3896±97 Rejected: Committee Meetings The Peterson of Florida amendment in the nature of a substitute that sought to make term limits ret- GOVERNMENT ACREAGE IDLING roactive taking into consideration service occurring PROVISIONS—IMPACT ON PROGRAM before the amendment, limits lifetime service of the COMMODITY CROPS members of the House to six terms (12 years) and Committee on Agriculture: Subcommittee on General Members of the Senate to two terms (12 years), and Farm Commodities held a hearing to review Govern- that protects State laws limiting congressional terms ment acreage idling provisions and their impact on of service if the State laws are shorter (rejected by program commodity crops. Testimony was heard a recorded vote of 135 ayes to 297 noes, Roll No. from Keith Collins, Acting Chief Economist, USDA; 274); Pages H3928±41 and public witnesses.

VerDate 30-MAR-95 05:26 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\BELLA\D29MR5.REC d29mr5 March 29, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 439 AGRICULTURE, RURAL DEVELOPMENT, TREASURY, POSTAL SERVICE, GENERAL FDA, AND RELATED AGENCIES GOVERNMENT APPROPRIATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Treas- Committee on Appropriations: Subcommittee on Agri- ury, Postal Service, and General Government held a culture, Rural Development, Food and Drug Admin- hearing on GSA/Federal Construction and on the istration, and Related Agencies continued appropria- GAO. Testimony was heard from Roger W. John- tion hearings. Testimony was heard from Members son, Administrator, GSA; Gaston L. Gianni, Jr., As- of Congress and public witnesses. sociate Director, Government Business Operations Is- sues, General Government, GAO. COMMERCE, JUSTICE, STATE, AND FINANCIAL SERVICES COMPETITIVENESS JUDICIARY APPROPRIATIONS ACT Committee on Appropriations: Subcommittee on Com- Committee on Banking and Financial Services: Continued merce, Justice, State, and the Judiciary (and Related hearings on the following: H.R. 1062, Financial Agencies) held a hearing on Immigration and Border Services Competitiveness Act of 1995; Glass-Steagall Security. Testimony was heard from the following Reform; and related issues. Testimony was heard officials of the Department of Justice: Doris from public witnesses. Meissner, Commissioner, Immigration and Natu- ralization Service; Anthony Mascato, Director, Exec- ADMINISTRATION’S BUDGET utive Office for Immigration Renewal; and Allen Committee on the Budget: Continued hearings on the Bursen, U.S. Attorney, Southern District, State of Administration’s Fiscal Year 1996 Budget, with em- California; Mary A. Ryan, Assistant Secretary, Con- phasis on the Perspective of State and Local Govern- sular Affairs, Department of State; and Barbara Jor- ments. Testimony was heard from the following dan, Chairman, Commission on Immigration Re- State Legislators: Senator Dick Finan, State of Ohio; form. Representative George Cunningham, State of Ari- zona; Representative Ann Rest, State of Minnesota; ENERGY AND WATER DEVELOPMENT Representative David Ennis, State of Delaware; Rep- APPROPRIATIONS resentative Brad Gorham, State of Rhode Island; Committee on Appropriations: Subcommittee on Energy Representative Susan Wagle, State of Kansas; Dele- and Water Development continued appropriation gate Kirk Cox, State of Virginia; and Representative hearing. Testimony was heard from Members of Steve Grubbs, State of Iowa; and public witnesses. Congress and public witnesses. Hearings continue tomorrow. TRAINING ISSUES INTERIOR APPROPRIATIONS Committee on Economic and Educational Opportunities: Committee on Appropriations: Subcommittee on Interior Subcommittee on Postsecondary Education, Training (and Related Agencies) continued appropriation hear- and Life-Long Learning concluded hearings on train- ings. Testimony was heard from Members of Con- ing issues, Vocational Rehabilitation. Testimony was gress. heard from Frederick Schroeder, Commissioner, Re- habilitation Services Administration, Department of LABOR—HHS—EDUCATION Education; and public witnesses. APPROPRIATIONS CONTRACTING OUT Committee on Appropriations: Subcommittee on Labor, Committee on Government Reform and Oversight: Sub- Health and Human Services, and Education (and Re- committee on Civil Service held a hearing on Con- lated Agencies) held a hearing on Administration on tracting Out: Part I. Testimony was heard from L. Aging, Inspector General, HHS, Vocational and Nye Stevens, Director, Planning and Reporting, Adult Education, and on Special Education and Re- General Government Division, GAO; and John habilitation Services. Testimony was heard from the Koskinen, Deputy Director, Management, OMB. following officials of the Department of Health and Hearings continue April 5. Human Services: Ferndo Torres-Gil, Assistant Sec- retary, Administration on Aging; and June Gibbs DISTRICT OF COLUMBIA FINANCIAL Brown, Inspector General; the following officials of RESPONSIBILITY AND MANAGEMENT the Department of Education; Augusta Souza ASSISTANCE ACT Kappner, Assistant Secretary, Vocational and Adult Committee on Government Reform and Oversight: Sub- Education; and Judith Heumann, Assistant Secretary, committee on District of Columbia approved for full Special Education and Rehabilitation Services. Committee action H.R. 1345, District of Columbia

VerDate 30-MAR-95 05:26 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\BELLA\D29MR5.REC d29mr5 D 440 CONGRESSIONAL RECORD — DAILY DIGEST March 29, 1995 Financial Responsibility and Management Assistance Hearings continue tomorrow. Act of 1995. DEFENSE AUTHORIZATION UNITED STATES-EAST ASIAN ECONOMIC Committee on National Security: Special Oversight RELATIONS: A FOCUS ON SOUTH KOREA Panel on Morale, Welfare and Recreation held a Committee on International Relations: Subcommittee on hearing on the fiscal year 1996 national defense au- International Economic Policy and Trade and the thorization request, with emphasis on the effect of Subcommittee on Asia and the Pacific held a joint force structure drawdown on morale, welfare and hearing on United States-East Asian Economic Rela- recreation programs. Testimony was heard from the tions: A Focus on South Korea. Testimony was heard following officials of the Department of Defense: from Lawrence S. Eagleburger, former Secretary of Fred Pang, Assistant Secretary, Force Management; State; and public witnesses. Brig. Gen. John G. Meyer, USA, Commander, U.S. CERTIFICATION PROGRAM FOR Army Community and Family Support Center; Rear NARCOTICS PRODUCING AND TRANSIT Adm. Larry R. Marsh, USN, Assistant Chief of COUNTRIES IN LATIN AMERICA Naval Personnel, Personnel Readiness and Commu- nity Support, Bureau of Naval Personnel; Col. Stevan Committee on International Relations: Subcommittee on Richards, USAF, Director, Directorate of Services, Western Hemisphere Affairs held a hearing to re- U.S. Air Force; and Brig. Gen. J. R. Joy, USMC view the Administration’s Certification Program for (Ret.), Director, Morale, Welfare and Recreation Narcotics Producing and Transit Countries in Latin Support Activity, U.S. Marine Corps. America. Testimony was heard from Robert S. Hearings continue April 6. Gelbard, Assistant Secretary, International Narcotics Matters, Department of State; Thomas A. Con- MISCELLANEOUS MEASURES stantine, Administrator, DEA, Department of Jus- Committee on Resources: Subcommittee on National tice; William J. Olson, Former Deputy Assistant Parks, Forests and Lands approved for full Commit- Secretary, International Narcotics Matters, Depart- tee action amended the following bills: H.R. 260, ment of State; and public witnesses. National park System Reform Act of 1995; H.R. MISCELLANEOUS MEASURES 1077, to authorize the Bureau of Land Management; and H.R. 1091, to improve the National Park Sys- Committee on the Judiciary: Subcommittee on Courts tem in the Commonwealth of Virginia. and Intellectual Property held a hearing on the fol- lowing: H.R. 587, to amend title 35, United States MISCELLANEOUS MEASURES Code, with respect to patents on biotechnological Committee on Resources: Subcommittee on Native processes; and H.R. 1269, to amend the act of June American and Insular Affairs held a hearing on the 22, 1974, to authorize the Secretary of Agriculture following bills: H.R. 1306, American Samoa Eco- to prescribe by regulation the representation of nomic Development Act; and H.R. 1332, Rongelap ‘‘Woodsy Owl.’’ Testimony was heard from H. Di- Recovery and Community Self-Reliance Act. Testi- eter Hoinkes, Senior Counsel, Office of Legislative mony was heard from Allen P. Stayman, Deputy As- and International Affairs, Patent and Trademark Of- sistant Secretary, Territorial and International Af- fice, Department of Commerce; and a public witness. fairs, Department of the Interior; and the following DEFENSE AUTHORIZATION officials of the Republic of the Marshall Islands; Banny De Brun, Deputy Chief of Mission; Johnsay Committee on National Security: Subcommittee on Mili- Riklon, member of the Nitijela; and Billiet Edmond, tary Procurement continued hearings on the fiscal Mayor, Rongelap. year 1996 national defense authorization request, with emphasis on the Department of Energy budget CONTRACT WITH AMERICA TAX RELIEF request. Testimony was heard from Harold Smith, ACT Jr., Assistant to the Secretary (Atomic Energy), De- Committee on Rules: Heard testimony but took no ac- partment of Defense; the following officials of the tion on H.R. 1215, Contract With America Tax Re- Department of Energy: Kenneth E. Baker, Acting lief Act of 1995. Testimony was heard from Chair- Director, Office of Nonproliferation and National Se- man Archer and Representatives Bunning of Ken- curity; Victor H. Reis, Assistant Secretary, Defense tucky, Collins of Georgia, Upton, Ganske, Kasich, Programs; and Charles B. Curtis, Under Secretary; Kolbe, Allard, Bass, Burton of Indiana, Morella, Sigfried S. Hecker, Director, Los Alamos National Zeliff, McIntosh, Tate, Martini, Goodling, Porter, Laboratory; Bruce C. Tarter, Director, Lawrence Houghton, Roberts, Wolf, Pryce, Doolittle, Castle, Livermore National Laboratory; and Albert Narath, Hutchinson, Istook, Knollenberg, Salmon, Gibbons, Director, Sandia National Laboratories. Wyden, Sabo, Orton, Pomeroy, Browder, Collins of

VerDate 30-MAR-95 05:26 Apr 04, 1995 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\BELLA\D29MR5.REC d29mr5 March 29, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 441 Illinois, Moran, Gephardt, Obey, Foglietta, Evans, toms Service, the International Trade Commission, Kennedy of Massachusetts, Lowey, Nadler, and and the Office of the U.S. Trade Representative. Stupak. CONFERENCE REPORT—SELF-EMPLOYED Joint Meetings HEALTH INSURANCE PERMANENT REDUCTION RESTORATION SELF-EMPLOYED HEALTH INSURANCE TAX Committee on Rules: Granted, by a voice vote, a rule CREDIT waiving all points of order against the conference re- Conferees on Tuesday, March 28, agreed to file a con- port on H.R. 831, to amend the Internal Revenue ference report on the differences between the Senate- Code of 1986 to permanently extend the deduction and House-passed versions of H.R. 831, to amend for the health insurance costs of self-employed indi- the Internal Revenue Code of 1986 to permanently viduals, to repeal the provisions permitting non- extend the deduction for the health insurance costs recognition of gain on sales and exchanges effectuat- of self-employed individuals, and to repeal the provi- ing policies of the Federal Communications Commis- sions permitting nonrecognition of gain on sales and sion, and against its consideration. The rule dis- exchanges effectuating policies of the Federal Com- penses with the reading of the conference report. munications Commission. Testimony was heard from Chairman Archer and Representatives Gibbons, Matsui, and Levin. EMERGENCY SUPPLEMENTAL APPROPRIATIONS APPROPRIATE ROLE OF GOVERNMENT PROGRAMS—HELPING SMALL BUSINESSES Conferees met to resolve the differences between the FIND EXPORT OPPORTUNITIES Senate- and House-passed versions of H.R. 889, making emergency supplemental appropriations and Committee on Small Business: Subcommittee on Pro- rescissions to preserve and enhance the military read- curement, Exports, and Business Opportunities held iness of the Department of Defense for the fiscal year a hearing on the appropriate role and the effective- ending September 30, 1995, but did not complete ness of various Federal Government programs in action thereon, and recessed subject to call. helping small businesses find export opportunities around the world. Testimony was heard from the fol- f lowing officials of the Department of Commerce; COMMITTEE MEETINGS FOR THURSDAY, Lauri Fitz-Pegado, Director General, U.S. Foreign MARCH 30, 1995 and Commercial Service; Raymond Vickery, Jr., As- sistant Secretary, Trade Development; and Charles (Committee meetings are open unless otherwise indicated) Meissner, Assistant Secretary, International Economic Senate Policy; Joseph Grandmaison, Director, Trade and Committee on Armed Services, Subcommittee on Person- Development Agency; Mary Jean Ryan, Associate nel, to resume hearings on proposed legislation authoriz- Deputy Administrator, Economic Development, ing funds for fiscal year 1996 for the Department of De- SBA: Maria Louisa Haley, member, Board of Direc- fense and the future years defense program, focusing on tors, Export-Import Bank; and Christopher Finn, Ex- Reserve component programs, 2 p.m., SR–222. ecutive Vice-President, Overseas Private Investment Subcommittee on Acquisition and Technology, to re- Corporation, U.S. International Development Co- sume open and closed hearings on proposed legislation operation Agency. authorizing funds for fiscal year 1996 for the Department Hearings continue tomorrow. of Defense and the future years defense program, focusing on the Counterproliferation Support Program, 2 p.m., FEDERAL WATER POLLUTION CONTROL SR–232A. ACT AMENDMENTS AND AUTHORIZATION Committee on Commerce, Science, and Transportation, Sub- Committee on Transportation and Infrastructure: Sub- committee on Science, Technology, and Space, to hold committee on Water Resources and Environment ap- oversight hearings on the implementation of the science programs of the National Science Foundation and activi- proved for full Committee action amended H.R. ties of the Office of Science and Technology Policy (Exec- 961, Clean Water Amendments of 1995. utive Office of the President), 10 a.m., SR–253. MISCELLANEOUS MEASURES Committee on Energy and Natural Resources, Subcommittee on Forests and Public Land Management, to hold hear- Committee on Ways and Means: Subcommittee on ings on S. 506, to reform Federal mining laws, and S. Trade approved for full Committee action the fol- 504, to modify the requirements applicable to locatable lowing: H.R. 553, amended, Caribbean Basin Trade minerals on public domain lands, consistent with the Security Act; and proposed legislation providing Fis- principles of self-initiation of mining claims, 9:30 a.m., cal year 1996 Budget Authorizations for the Cus- SD–366.

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Committee on Environment and Public Works, Subcommit- Human Development and on National Institute of Diabe- tee on Transportation and Infrastructure, to resume hear- tes, Digestive and Kidney Diseases, 2 p.m., 2358 Ray- ings on S. 440, to provide for the designation of the Na- burn. tional Highway System, focusing on transportation con- Subcommittee on Military Construction, on Public formity requirements, 9:30 a.m., SD–406. Witnesses, 9:30 a.m., B–300 Rayburn. Committee on Foreign Relations, Subcommittee on Inter- Subcommittee on Transportation (and Related Agen- national Operations, to hold hearings to examine the re- cies), on FAA Training, 10 a.m., 2368 Rayburn. organization and revitalization of America’s foreign affairs Subcommittee on Treasury, Postal Service, and General institutions, 10 a.m., SD–419. Government, on OPM/OMB/GAO—Federal Personnel Is- Full Committee, to hold hearings on the reorganization sues, 10 a.m., and on OPM and Inspector General for of U.S. foreign assistance programs, focusing on alter- OPM, 2 p.m., B–307 Rayburn. natives to the Agency for International Development, 2 Subcommittee on Veterans’ Affairs, Housing and p.m., SD–419. Urban Development, and Independent Agencies, on Committee on Governmental Affairs, to hold oversight NASA, 10 a.m., and 1:30 p.m., H–143 Capitol. hearings on the General Accounting Office, focusing on Committee on Banking and Financial Services, Subcommit- a study by the National Academy of Public Administra- tee on Capital Markets, Securities and Government-Spon- tion, 10 a.m., SD–342. sored Enterprises, hearing on H.R. 718, Markets and Committee on the Judiciary, business meeting, to mark up Trading Reorganization and Reform Act of 1995, 10 S. 343, to reform the regulatory process, 10 a.m., a.m., 2128 Rayburn. SD–226. Committee on the Budget, to continue hearings on the Committee on Labor and Human Resources, Subcommittee Administration’s Fiscal Year 1996 Budget, with emphasis on Education, Arts and Humanities, to hold oversight on views of Members of Congress, 10:30 a.m., 210 Can- hearings to examine direct lending practices, 9:30 a.m., non. SD–430. Committee on Commerce, Subcommittee on Oversight and Committee on Rules and Administration, business meeting, Investigations, hearing on A Consumer’s Perspective on to consider S. Res. 24, providing for the broadcasting of Medical Devices, 10 a.m., 2123 Rayburn. press briefings on the floor prior to the Senate’s daily Committee on Economic and Educational Opportunities, Sub- convening, 9:30 a.m., SR–301. committee on Workforce Protections, hearing on the Fair Committee on Veterans’ Affairs, to hold joint hearings Labor Standards Act, 9:30 a.m., 2175 Rayburn. with the House Committee on Veterans’ Affairs to review Committee on Government Reform and Oversight, to mark the legislative recommendations of AMVETS, American up H.R. 1345, District of Columbia Financial Respon- Ex-Prisoners of War, Vietnam Veterans of America, sibility and Management Assistance Act of 1995, 9:30 Blinded Veterans Association, and the Military Order of a.m., 2154 Rayburn. the Purple Heart, 9:30 a.m., 345 Cannon Building. Committee on International Relations, hearing on the Ad- NOTICE ministration’s International Affairs Budget Request for Fiscal Year 1996, 2 p.m., 2172 Rayburn. For a listing of Senate Committee Meetings sched- Committee on the Judiciary, Subcommittee on Crime, uled ahead, see pages E735–36 in today’s RECORD. hearing on the enforcement of Federal drug laws, 10 a.m., 2141 Rayburn. House Subcommittee on Immigration and Claims, oversight Committee on Agriculture, Subcommittee on Resource hearing on verification of eligibility for employment and Conservation, Research, and Forestry and the Subcommit- benefits, 9:15 a.m., 2237 Rayburn. tee on Fisheries, Wildlife and Oceans of the Committee Committee on National Security, Subcommittee on Mili- on Resources, joint oversight hearing to review law en- tary Personnel, to continue hearings on the fiscal year forcement activities on Federal lands, 9:30 a.m., 1300 1996 national defense authorization request, a p.m., 2212 Longworth. Rayburn. Committee on Appropriations, Subcommittee on Com- Subcommittee on Military Procurement, to continue merce, Justice, State, and the Judiciary (and Related hearings on the fiscal year 1996 national defense author- Agencies), on Federal Judiciary, 10 a.m., and on Eco- ization request, 9:30 a.m., 2118 Rayburn. nomic and Business Development, 1:30 p.m., H–309 Committee on Resources, hearing on H.R. 1266, Greens Capitol. Creek Land Exchange Act, 1 p.m., 1334 Longworth. Subcommittee on Foreign Operations, Export Financ- Subcommittee on Fisheries, Wildlife and Oceans, to ing and Related Programs, on Congressional and Public mark up the following bills: H.R. 898, High Seas Fish- Witnesses, 10 a.m., H–144 Capitol. ing Compliance Act of 1995; H.R. 1139, Striped Bass Subcommittee on Interior (and Related Agencies), on Act of 1995; H.R. 1141, Sikes Act Improvement Amend- National Park Service, 10 a.m. and 1:30 p.m., B–308 ments of 1995; and H.R. 1175, Marine Resources Revi- Rayburn. talization Act of 1995, 11 a.m., 1334 Longworth. Subcommittee on Labor, Health and Human Services, Subcommittee on Water and Power Resources, over- and Education (and Related Agencies), on National Can- sight hearing on Department of Energy and Bureau of cer Institute and National Center for Research Resources, Reclamation Operational Issues, 10 a.m. and 1 p.m., 10 a.m., and on National Institute of Child Health and 1324 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:20 a.m., Thursday, March 30 10 a.m., Thursday, March 30

Senate Chamber House Chamber Program for Thursday: After the recognition of five Program for Thursday: Consideration of conference re- Senators for speeches and the transaction of any morning port on H.R. 831, Deduction of Health Insurance Cost business (not to extend beyond 10:15 a.m.), Senate will for the Self-Employed. resume consideration of the nomination of Daniel R. Glickman to be Secretary of Agriculture, with a vote on confirmation to occur thereon at 10:25 a.m., following which Senate will resume consideration of H.R. 1158, FEMA Supplemental Appropriations/Rescissions.

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E716 Neal, Richard E., Mass., E725 Hamilton, Lee H., Ind., E726 Packard, Ron, Calif., E725 Ackerman, Gary L., N.Y., E727 Hastings, Alcee L., Fla., E715, E723 Pastor, Ed, Ariz., E711 Beilenson, Anthony C., Calif., E727 Horn, Stephen, Calif., E733 Payne, Donald M., N.J., E711, E722 Berman, Howard L., Calif., E727 Hoyer, Steny H., Md., E727 Pelosi, Nancy, Calif., E714, E717 Bilirakis, Michael, Fla., E726 Jacobs, Andrew, Jr., Ind., E733 Rivers, Lynn N., Mich., E732 Castle, Michael N., Del., E716 Kildee, Dale E., Mich., E727 Sanders, Bernard, Vt., E731 Chambliss, Saxby, Ga., E711, E716 Kleczka, Gerald D., Wis., E716, E733 Schroeder, Patricia, Colo., E723 Dixon, Julian C., Calif., E731 Lantos, Tom, Calif., E723 Solomon, Gerald B.H., N.Y., E713, E718 Emerson, Bill, Mo., E713 Lazio, Rick, N.Y., E728 Stark, Fortney Pete, Calif., E721 Engel, Eliot L., N.Y., E718, E725, E726, E732 Lofgren, Zoe, Calif., E725 Stokes, Louis, Ohio, E718, E722, E728 Filner, Bob, Calif., E712, E715, E728 Maloney, Carolyn B., N.Y., E712, E722 Traficant, James A., Jr., Ohio, E715 Furse, Elizabeth, Ore., E728 Meek, Carrie P., Fla., E731, E734 Walsh, James T., N.Y., E730 Gibbons, Sam, Fla., E719, E725 Menendez, Robert, N.J., E717 Williams, Pat, Mont., E720 Gillmor, Paul E., Ohio, E712 Miller, George, Calif., E718 Young, Don, Alaska, E721 Gilman, Benjamin A., N.Y., E729 Molinari, Susan, N.Y., E722

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