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

Vol. 142 WASHINGTON, WEDNESDAY, APRIL 17, 1996 No. 49 House of Representatives

The House met at 11 a.m. and was PLEDGE OF ALLEGIANCE Mr. SOLOMON. Mr. Speaker, the called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the Rules Committee will be meeting at the beginning of next week to grant a pore [Mr. GILLMOR]. gentlewoman from Ohio [Ms. KAPTUR] rule on H.R. 1675, the National Wildlife f come forward and lead the House in the Pledge of Allegiance. Refuge Improvement Act. Resources Committee Chairman DESIGNATION OF THE SPEAKER Ms. KAPTUR led the Pledge of Alle- YOUNG has requested an open rule. He PRO TEMPORE giance as follows: has further requested that the rule The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the make in order as original text for the fore the House the following commu- United States of America, and to the Repub- purpose of amendment a new amend- nication from the Speaker: lic for which it stands, one nation under God, indivisible, with liberty and justice for all. ment in the nature of a substitute. WASHINGTON, DC, This amendment in the nature of a f April 17, 1996. substitute by Chairman YOUNG reflects I hereby designate the Honorable PAUL E. MESSAGE FROM THE SENATE negotiations the Resources Committee GILLMOR to act as Speaker pro tempore on has held with both the Department of A message from the Senate by Mr. this day. the Interior and the Department of De- Lundregan, one of its clerks, an- NEWT GINGRICH, fense. Speaker of the House of Representatives. nounced that the Senate had passed Amendments should be drafted to the without amendment bills of the House f text of the amendment in the nature of of the following titles: a substitute offered by Chairman PRAYER H.R. 255. An act to designate the Federal YOUNG, which has been printed in the Justice Building in Miami, Florida, as the The Reverend Dr. Ronald F. Chris- CONGRESSIONAL RECORD of April 16, ‘‘James Lawrence King Federal Justice 1996, numbered 1. Priority in recogni- tian, Office of the Bishop, Evangelical Building’’; tion may be given to those amend- Lutheran Church in America, Washing- H.R. 869. An act to designate the Federal ments which are preprinted in the CON- ton, DC, offered the following prayer: building and United States courthouse lo- GRESSIONAL RECORD. However, The heavens declare Your beauty, O cated at 125 Market Street in Youngstown, preprinting of amendments is optional. God, and the firmament shows Your Ohio, as the ‘‘Thomas D. Lambros Federal Building and United States Courthouse’’; Members should use the Office of handiwork. H.R. 1804. An act to designate the United Legislative Counsel to ensure that We pray, O God, that we may all States Post Office-Courthouse located at their amendments are properly drafted more quickly recognize and give South 6th and Rogers Avenue, Fort Smith, and should check with the Office of the thanks for the beauty that surrounds Arkansas, as the ‘‘Judge Isaac C. Parker Parliamentarian to be certain their us, and we pray that we may more rev- Federal Building’’; amendments comply with the rules of erently receive Your gifts and offer our H.R. 2415. An act to designate the United the House. States Customs Administrative Building at gratitude for them daily. f For the hours of this day, we give the Ysleta/Zaragosa Port of Entry located at 797 South Zaragosa Road in El Paso, Texas, OSHA, AT IT AGAIN You thanks. Help us, O God, to use as the ‘‘Timothy C. McCaghren Customs Ad- each moment wisely so that neither ministrative Building’’; and (Mr. HEFLEY asked and was given sloth nor waste will occupy this time H.R. 2556. An act to designate the Federal permission to address the House for 1 which will never be returned to us. building located at 345 Middlefield Road in minute and to revise and extend his re- Dispose our days and our deeds in Menlo Park, California, and known as the marks.) Your peace, O God. Amen. Earth Sciences and Library Building, as the Mr. HEFLEY. Mr. Speaker, I hope ‘‘Vincent E. McKelvey Federal Building.’’ Mike Royko’s column today is a joke, f f but unfortunately it is not. OSHA is at it again. THE JOURNAL ANNOUNCEMENT REGARDING Apparently, a small business in Chi- The SPEAKER pro tempore. The AMENDMENTS TO NATIONAL cago recently received a set of instruc- Chair has examined the Journal of the WILDLIFE REFUGE IMPROVE- tions from OSHA on how to safely han- last day’s proceedings and announces MENT ACT dle water. Yes, water, not waste water, to the House his approval thereof. (Mr. SOLOMON asked and was given not contaminated water, just water. Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 The instructions include water’s boil- nal stands approved. minute.) ing point, its freezing point, its weight.

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.

H3493 H3494 CONGRESSIONAL RECORD — HOUSE April 17, 1996 The laboratory protective equipment cut taxes to the middle class. In fact, Today in honor of Iqbal and the mil- recommended included safety glasses the record clearly shows he raised lions of children who work as forced la- and a lab coat, and instructions include taxes, 250 billion dollars’ worth. borers, I am proud to introduce the keeping the container lid on tightly Bill Clinton traded in his promise of Working Children’s Rights Act. It will closed and how to transport the water tax relief for the largest tax increase in deny U.S. foreign aid to countries that and a warning to protect it from freez- American history. And then, in this refuse to enforce their own labor laws, ing. new Congress, he vetoed tax relief the it will deny aid to governments that Yes, Mr. Royko points out, however, new majority provided to most every continue to violate the most basic that OSHA did not document any ef- American. human rights of children, and it will fects of overexposure to water. Does Mr. Speaker, the President had a require the State Department to inves- OSHA not consider drowning a hazard? chance. He blew it. The new majority is tigate corruption and provide for year- The bureaucrats at OSHA also failed to committed to letting Americans hang ly hearings, so that we will never for- identify any conditions to avoid. What onto more of their hard-earned dollars. get the terrible plight faced by mil- about the chance of burning your hand f lions of children like Iqbal Masih. if the water is too hot? f CRUEL AND UNUSUAL Mr. Speaker, the time to reform REPEAL 16TH AMENDMENT OSHA is now. PUNISHMENT OR NOT f (Mr. TRAFICANT asked and was (Mr. SAM JOHNSON of Texas asked given permission to address the House and was given permission to address UNITED STATES-JAPAN AUTO for 1 minute.) the House for 1 minute and to revise FIGURES Mr. TRAFICANT. Mr. Speaker, a and extend his remarks.) (Ms. KAPTUR asked and was given male prisoner wanting to be a lady de- Mr. SAM JOHNSON of Texas. Mr. permission to address the House for 1 manded hormone injections at tax- Speaker, our current Tax Code has un- minute and to revise and extend her re- payer expense, citing the 14th amend- dergone 31 major revisions and 400 marks.) ment. A lower court said this would-be minor revisions over the past 40 years. Ms. KAPTUR. Mr. Speaker, with the lady is a tramp, absolutely not. It has grown from 11,000 words to over President in Japan, it is time to take But the 10th Circuit Court said, hey, 7 million words. The IRS now prints stock of our abysmal trade accounts let luck be a lady tonight, citing the about 480 different tax forms for Amer- with that nation. 8th amendment, said to deny hormones icans to fill out. But taxpayers The administration is doing its best for this prisoner would be cruel and un- shouldn’t fear because the IRS will to put a public relations spin to last usual punishment. send you an additional 280 forms to ex- year’s massive $60 billion trade deficit Unbelievable. Who are these three plain how to fill out the first 480. with Japan. Look at the facts: During judges? Larry, Moe, and Curly? Do they Doesn’t that sound simple? All this complex nonsense costs the first 3 years of the Clinton adminis- realize that these prisoners get free Americans about 5.4 billion hours and tration, the United States has suffered food, health care, libraries, TV’s? What $200 billion a year. over $185 billion in more trade deficits is next? Wonderbras, pantyhose? Beam Is it any wonder that Americans are with Japan, a 39-percent increase over me up, Mr. Speaker. I say injections frustrated, angry, and just plain fed up the abysmal trade deficit records under are in order, not for the prisoner, but with our current tax system. It’s time the Bush administration. U.S. auto for the three judges. They should get a to replace it. Join me in repealing the manufacturers still have less than 1 combination injection of Prozac and 16th amendment. We must get rid of measly percent of Japan’s auto mar- common sense. the IRS. This country and her citizens ket, while Japan commands over one- Think about it. I yield back the bal- deserve no less. third, 33 percent of this market. The ance of these injections. f value of the dollar against the yen has f gone down by 40 percent since 1990, INCREASE THE MINIMUM WAGE ANNOUNCEMENT BY THE SPEAKER making our automotive goods 40 per- (Mr. VOLKMER asked and was given PRO TEMPORE cent cheaper in their market. Yet the permission to address the House for 1 United States gained only one-third of The SPEAKER pro tempore. Our minute and to revise and extend his re- 1 percent of Japan’s auto market since guests in the gallery are reminded that marks.) 1995. demonstrations of approval or dis- Mr. VOLKMER. Mr. Speaker, if NEWT Mr. Speaker, let us save the high approval are not permitted under the GINGRICH and the radical right Repub- fives. We have scaled an ant hill. Now rules of the House. licans want to do something for the all that is left is the mountain. f working poor, then let us have a mini- f WORKING CHILDREN’S RIGHTS ACT mum wage bill. Yesterday some of their Members stood in the well on WHAT HAPPENED TO THE MIDDLE- (Mr. MORAN asked and was given that side and said, ‘‘Well, we have al- CLASS TAX CUT? permission to address the House for 1 ready proposed to take care of the (Mr. HAYWORTH asked and was minute and to revise and extend his re- working poor through our tax bill that given permission to address the House marks.) we passed last year, and the President for 1 minute and to revise and extend Mr. MORAN. Mr. Speaker, a year vetoed it.’’ his remarks.) ago, a 12-year-old boy by the name of Nothing is further from the truth. Mr. HAYWORTH. Mr. Speaker, re- Iqbal Masih was murdered in Pakistan There is not one penny, not one penny, calling my career in radio, here is a because he had dared to speak out in that tax bill for the working poor. golden oldie I am sure our liberal against child slave labor. You take a two-wage earner family friends will absolutely love. It is taken Iqbal had been sold by his father for with two children, both working at from one of Bill Clinton’s 1992 cam- $16 when he was 4 years old. He was minimum wage. They do not pay any paign commercials: chained to a loom. When he made a taxes. There is nothing in your tax bill I’m Bill Clinton, and I think you deserve a mistake, he was savagely beaten. that helps them. change. That’s why I’ve offered a plan to get With the help of an American firm, The only way that we can help the the economy moving again, starting with the he escaped and spoke out against this working poor get out of poverty, the middle-class tax cut. practice, which is actually on the rise only way we can help people get off But after the election, Bill Clinton in Asia and Africa and Latin America, welfare, is to increase the minimum forgot about the middle class. He must because there is so much profit to be wage. have developed some sort of memory made by exploiting children that poor Why, Mr. Speaker, do you and the problem. For 2 years when he and the governments are very easily corrupted. radical right Republicans refuse to per- liberals had control of both the White He tried to make a difference. He was mit the Democrats to bring a minimum House and this Congress, Bill Clinton murdered. But it is up to us to follow wage bill to this floor? I say to you, let still refused to honor his promise to his lead, to show his courage. us do it now. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3495 AMERICANS PAYING TOO MUCH IN to join those of us who said let us in- tion—toxic waste, unclean air, and un- TAXES crease the minimum wage. Let us do safe drinking water is still a way of life (Mr. BAKER of California asked and that for the hard-working, responsible for millions in the United States. was given permission to address the Americans in this country. Let us give Competing interests between the air House for 1 minute and to revise and them an increase in their salaries. we breathe, the water we drink and the extend his remarks.) f land on which we live, versus economic efficiencies and profit for business in- Mr. BAKER of California. Mr. Speak- DO SOMETHING FOR AMERICANS terests have resulted in legislative ac- er, the previous speaker apparently for- BY PASSING HEALTH CARE RE- tion and inaction that has delayed and got the Bill Clinton tax increase, 4.3 FORM AND INCREASING THE denied environmental improvement. cents in the gas tax. Did he forget MINIMUM WAGE that? That is on the working poor. How Those who have suffered the most are (Mr. GENE GREEN of Texas asked about taxing Social Security benefits the voiceless and the powerless. and was given permission to address of those people who had sense enough Yet, in spite of it all, there remains the House for 1 minute and to revise to save with $35,000 a year income each hope for the future. and extend his remarks.) When we celebrate Earth Day on year?—$35,000, a couple, and they tax 85 Mr. GENE GREEN of Texas. Mr. percent of your Social Security bene- Monday, April 22, I hope all Members Speaker, Congress has a golden oppor- will pledge to provide something to cel- fits that you paid 16 percent of your tunity to actually do something for the payroll in each year of your working ebrate about. American people. We can pass the nec- f life. That is what Clinton has done for essary health care reform bills this you. year and also increase the minimum 104TH CONGRESS HAS SHIFTED Mr. Speaker, each day millions of wage, like my colleagues have said. FOCUS ON ENVIRONMENT TO EN- Americans wake up early, get dressed, The Kassebaum-Kennedy health care FORCEMENT, NOT WEAKENING, kiss their families good-bye and go to bill in the Senate will enhance the OF EXISTING REGULATIONS work. They then spend the next 2 hours portability of coverage by ending per- (Mr. HOKE asked and was given per- 47 minutes working for the Federal manent exclusion for preexisting con- Government to pay their taxes. That is mission to address the House for 1 ditions. However, the inclusion in the minute and to revise and extend his re- more time than they spend working to House of the medical savings accounts, feed, clothe, and earn money for their marks.) malpractice reform, and also the tak- Mr. HOKE. Mr. Speaker, let us think family’s housing. ing away of State regulation of mul- about and talk about, just for a mo- Mr. Speaker, this is an outrage. tiple employer welfare plans will hurt When American families are spending ment, exactly what the 104th Congress health care reform. has done with respect to the environ- more time working for the Government Key Senators, including Senator ment, because there is so much decep- than they do supporting their own fam- KASSEBAUM, have discouraged the in- tion that is being propagated about it, ilies, something is wrong. Americans clusion of these medical savings ac- it is difficult to separate the truth deserve to keep more, not less of their counts because it has no place in this from the reality or from the fiction. own income for their own families, and bill. House Republicans want to fed- Congress should be doing everything The reality is that for the first time eralize insurance regulations for self- ever this Congress actually passed a we can to get this Government off their insured small business. The States are backs. Clean Water Act that provides for re- now regulating these plans, and have lief from and accounting for nonpoint f served as a laboratory for innovation source pollution. We had never done AMERICANS SUPPORT RAISING on improving coverage and combating that before. MINIMUM WAGE fraud. Why do we want to bring that to This Congress increased the funding Washington? for the Clean Water Act from $1.2 to (Ms. DELAURO asked and was given The Nation’s Governors, State legis- $2.4 billion, a tremendous increase. permission to address the House for 1 lators, and insurance commissioners This Congress did not weaken one minute and to revise and extend her re- have opposed these provisions, but the single regulation with respect to the marks.) majority Republicans have put it in. standards themselves, but what this Ms. DELAURO. Mr. Speaker, congres- Let us give the people reasonable Congress did do is, it shifted where the sional Republicans are using every sin- health care reform and a minimum focus of enforcement will be. It shifted gle trick in the book to block a vote on wage increase. it away from Washington, Washington raising the minimum wage in this f country a mere 90 cents, even though bureaucrats with a one-size-fits-all at- the minimum wage is at a 40-year low. LET US CELEBRATE EARTH DAY titude and approach, and to the States. Yesterday Senate Republicans used a IN A BIPARTISAN WAY There is, in fact, notwithstanding the procedural maneuver to dodge raising (Mrs. CLAYTON asked and was given fact that many would like us to believe the minimum wage. They march in permission to address the House for 1 otherwise, there is no difference with lockstep with Speaker GINGRICH and minute and to revise and extend her re- respect to the goal, but there is a tre- his leadership team, who have been marks.) mendous difference with respect to the blocking every single effort to bring up Mrs. CLAYTON. Mr. Speaker, next way we get there, the process. a vote in this body on raising the mini- Monday we will celebrate Earth Day. I f mum wage. wonder if we will celebrate Earth Day AMERICA NEEDS AN INCREASE IN b 1115 in a bipartisan way. MINIMUM WAGE TO SUSTAIN ITS It is true that in recent years, we had It is only the latest example of how HIGH QUALITY STANDARD OF witnessed some improvement in envi- LIVING Speaker GINGRICH and his Republican ronmental standards for clean air and leadership are out of step with the water, due in large part to bipartisan (Mr. WYNN asked and was given per- mainstream of this country. They, in support provided previously by Con- mission to address the House for 1 fact, wanted to give a $245 billion tax gress. minute and to revise and extend his re- break to the richest Americans in this Yet, the 104th Congress has witnessed marks.) country, to give the richest corpora- a dramatic change in attitude among Mr. WYNN. Mr. Speaker, we know tions in this country a $17 billion wind- many of my Republican colleagues. what distinguishes America from Third fall, but they do not in fact want to see Escapes and loopholes have been in- World countries, not just its demo- the minimum wage raised by 90 cents. serted in many measures on behalf of cratic processes but its standard of liv- The New York Times said today that those who would pollute, weakening ing, the high quality of life we have in 84 percent of the U.S. folks are for an the very laws that protect the health this country. Well, at least that is the increase in the minimum wage. Today of the Nation. way it used to be when people could get 13 House Republicans, to their credit, Thus, despite a quarter of a century good paying jobs in industry. That is will break ranks with their leadership of effort, investment, and concentra- not the case now. H3496 CONGRESSIONAL RECORD — HOUSE April 17, 1996 USA Today says, ‘‘How would you Ms. SLAUGHTER. Mr. Speaker, our Under the last Democratic Congress, like to raise a family on $8,800 a year?’’ colleagues on the other side of the aisle a compromise Superfund reform bill re- That is what we get with the current have recently attempted to improve ceived the support of three committees minimum wage. We ought to raise it. I their environmental image to the pub- and was supported by the Clinton ad- am appalled when I hear my Repub- lic at large. They know that the Amer- ministration, State governments, and lican colleagues who make over $100,000 ican people want our environment pro- environmental groups. The com- a year say that they will fight a 90-cent tected, and they have felt intense heat promise dealt with reducing litigation, increase in the minimum wage with for their relentless attacks on our pub- speeding cleanups, and narrowing li- every fiber in their body. It is abso- lic health and safety. ability. lutely shocking. But we know better than to believe As we celebrate Earth Day we should We need to maintain a high mini- their get-green gimmicks. This Con- not allow lobbyists to rewrite out envi- mum wage so that we can have the gress has the worst environmental ronmental laws in ways that benefit high standard of living in this country. record in 40 years. We have fought at- polluters and hurt the health of our The current minimum wage is $1,100 tacks on public health standards, meat good citizens. Let me pledge to seek less than the poverty level. People can- inspection regulations, national parks, new opportunities so that we can be not exist on the current minimum endangered species, and pesticide pro- proud to pass along a safer and wage. tections, to name only a few. And now, healthier planet to our children. If we increase the minimum wage, 12 while these attacks in Washington con- f million Americans will benefit. And do tinue, we are subjected to their pro-en- not let the Republicans tell us they are vironment rhetoric. We can expect to A SERIOUS PLAN FOR WHAT AILS just teenagers. Thirty-nine percent of witness them planting trees, adopting THE DISTRICT those Americans, 39 percent of those 12 highways, or volunteering to clean up a (Ms. NORTON asked and was given million, are breadwinners, heads of river or lake in order to polish up their permission to address the House for 1 households. image. minute and to revise and extend her re- Mr. Speaker, the equation is very As we prepare to celebrate Earth marks.) simple. Decent minimum wages mean Day, we cannot stand for this hypoc- Ms. NORTON. Mr. Speaker, the less welfare. The people who are get- risy. We must protect and cherish our Washington Post front page story this ting welfare are there because many of environment, both in the laws we morning is an urgent action alert for them cannot get a decent wage even write—and in the lives we live. this Congress ‘‘In Threadbare D.C., though they work. f Hopes Wear Thin.’’ f This Congress, which claims con- POLLUTERS, NOT TAXPAYERS, stitutional responsibility for the Cap- GIVING STATES AUTHORITY WILL SHOULD BEAR COST OF CLEANUP itol of the United States, bears a heavy ENHANCE ENVIRONMENTAL (Mr. ROMERO-BARCELO´ asked and responsibility for the decline and fall QUALITY was given permission to address the of the District, at least this year: the (Mr. DREIER asked and was given House for 1 minute and to revise and shutdown of the Government, the hold- permission to address the House for 1 extend his remarks.) up in the appropriation, the cuts before minute and to revise and extend his re- Mr. ROMERO-BARCELO´ . Mr. Speak- a plan was in place against the rec- marks.) er, as we approach the celebration of ommendation of your own control Mr. DREIER. Mr. Speaker, I want to Earth Day it behooves us to take the board. follow on the statement that was made time to see what we have done to our On April 15, I introduced the D.C. eloquently by my friend from Cleve- planet. The Superfund Program helps Economic Recovery Act, to give a tax land about the issue of the environ- us accomplish what we must, clean all break to D.C. residents, to stop the mental commitment of the 104th Con- polluted sites. Superfund is based on hemorrhage of taxpayers out of this gress. the principle that the parties respon- city. The Washington Times calls it, in I come from a State which is very sible for the pollution should pay for a headline in its editorial, ‘‘A Serious sensitive to environmental concerns. In the cleanups. Plan for What Ails the District.’’ fact, the district which I represent has Unfortunately, some Members want Save the Capitol of the United States had the highest number of first stage to shift cleanup costs from polluters to before it is too late. It is, I remind you smog alerts in the Nation. We have taxpayers. Whose interest does it serve what you always tell me, your con- very serious groundwater contamina- to shift this burden off the polluters stitutional responsibility. tion problems. and onto the backs of the public? f The fact of the matter is, this Con- A high percent of the Superfund sites gress is committed to moving in the currently listed on the national prior- DO NOT RAISE TAXES ON next several weeks with very impor- ities list involve human exposure to WORKING AMERICANS tant legislation, the Safe Drinking hazardous substances or threats to (Mr. TATE asked and was given per- Water Act, which continues to be a top drinking water. Over 70 million people mission to address the House for 1 priority. And as my friend said, this live within 4 miles of one Superfund minute.) concept of one-size-fits-all regulations site. In my district, more than 168,000 Mr. TATE. Mr. Speaker, 3 years ago emanating from right here in Washing- people get their drinking water from my good friends across the aisle raised ton has failed. aquifers over which a site is located. taxes on senior citizens, raised taxes on In fact, we have seen improved envi- H.R. 2500, the Superfund reform bill, working Americans in the form of ronmental quality in spite of, not be- rejects the polluter-pays principle and higher gas taxes, raised taxes on small cause of, the bureaucracy that has ex- undercuts responsible remedies, allow- business owners. But the new Repub- isted here. Every shred of evidence ing polluters to walk away from sites. lican Congress tried to provide tax re- demonstrates that we will, in fact, be H.R. 2500 caps the national priorities lief for working Americans in the form able to enhance environmental quality list at 125 sites, while States have tes- of a $5,000 tax credit for working Amer- in this country and in my State of tified that there are 1,700 Federal cali- icans that want to adopt a child, tax California if we are able to give the ber sites. Under this plan, responsibil- relief for small businesses. States the kind of authority that is ity for 1,575 sites would be left to the Now it is an election year, and my desperately needed. That is the com- States, whether they have resources to good friends across the aisle say raise mitment that we have. clean them or not. the minimum wage. Well, they con- f Although the program has been criti- trolled the Congress and the Presi- cized for the slow rate of cleanups, 349 dency for 2 years. If I look at their REJECT GET-GREEN GIMMICKS site cleanups have completed since the record and look closely enough, what (Ms. SLAUGHTER asked and was program started in 1981. Nearly 60 per- the folks across the aisle truly want to given permission to address the House cent of these cleanup have been com- do is raise taxes on working Ameri- for 1 minute and to revise and extend pleted under the Clinton administra- cans. That is what they are truly inter- her remarks.) tion. ested in. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3497

REPUBLICANS WOULD ROLL BACK There was no objection. from California [Mr. BEILENSON], pend- ENVIRONMENTAL PROGRESS f ing which I yield myself such time as I (Mr. PALLONE asked and was given may consume. During consideration of LAYING ON THE TABLE HOUSE permission to address the House for 1 this resolution, all time yielded is for RESOLUTION 368 minute.) the purpose of debate only. Mr. PALLONE. Mr. Speaker, I know Mr. QUILLEN. Mr. Speaker, I ask (Mr. QUILLEN asked and was given that we are leading up to Earth Day unanimous consent that House Resolu- permission to revise and extend his re- next Monday. I was involved in the tion 368, providing for consideration of marks and to include extraneous mate- original Earth Day 26 years ago, and I H.R. 994, the Small Business Growth rial.) think it is very unfortunate that now and Administrative Accountability Act Mr. QUILLEN. Mr. Speaker, House in this Congress under Speaker GING- of 1996, be laid on the table. Resolution 396 is an open rule provid- RICH we see the worst environmental The SPEAKER pro tempore. Is there ing for the consideration of H.R. 842, record in the history of the Congress. objection to the request of the gen- the Truth in Budgeting Act. The rule In effect, what is happening is that tleman from Tennessee? provides 2 hours of general debate di- the Republican leadership is doing There was no objection. vided equally between the chairmen their best to try to roll back 25 years f and ranking minority members of the or 26 years of environmental progress Committee on Transportation and In- that we have seen in this Congress on a TRUTH IN BUDGETING ACT frastructure and the Committee on the bipartisan basis since the first Earth Mr. QUILLEN. Mr. Speaker, by direc- Budget. Day. tion of the Committee on Rules, I call The rule makes in order the Commit- b 1130 up House Resolution 396 and ask for its tee on Transportation and Infrastruc- immediate consideration. The worst part, I think, is with re- ture amendment in the nature of a sub- gard to enforcement. One of the things The Clerk read the resolution, as fol- stitute now printed in the bill as an that I have always said is that if you lows: original bill for the purpose of amend- do not have proper enforcement and in- H. RES. 396 ment and provides that each section be vestigation to make sure that there are Resolved, That at any time after the adop- considered as read. teeth in your environmental laws, then tion of this resolution the Speaker may, pur- This rule allows for priority in rec- you in effect do not have any environ- suant to clause 1(b) of rule XXIII, declare the ognition to Members who have mental laws. House resolved into the Committee of the preprinted their amendments in the Whole House on the State of the Union for This continued process with the Re- CONGRESSIONAL RECORD prior to their consideration of the bill (H.R. 842) to provide publican leadership where they do not off-budget treatment for the Highway Trust consideration, and it provides for one provide enough funding for the EPA Fund, the Airport and Airway Trust Fund, motion to recommit, with or without and other agencies that are involved in the Inland Waterways Trust Fund, and the instructions. environmental protection so that there Harbor Maintenance Trust Fund. The first Mr. Speaker, when I first came to are not the enforcers or the environ- reading of the bill shall be dispensed with. Congress in 1963, I was privileged to mental cops on the beat, if you will, General debate shall be confined to the bill serve on the House Public Works Com- and shall not exceed two hours equally di- out there doing the investigations, mittee. The name has changed, but the catching the polluters, indicating or vided among and controlled by the chairmen and ranking minority members of the Com- important agenda of the committee making it possible to impose penalties mittee on Transportation and Infrastructure and the dedication and hard work put against those who violate our environ- and the Committee on the Budget. After gen- forth by the members of the committee mental laws, this constant effort is eral debate the bill shall be considered for over the ears has not diminished. hurting environmental protection in amendment under the five-minute rule. It I’ve long supported efforts to take this country. shall be in order to consider as an original bill for the purpose of amendment under the the four transportation trust funds off f five-minute rule the amendment in the na- budget, and I commend chairman BUD PERMISSION FOR SUNDRY COM- ture of a substitute recommended by the SHUSTER and ranking member JIM MITTEES AND THEIR SUB- Committee on Transportation and Infra- OBERSTAR for finally giving the House COMMITTEES TO SIT TODAY structure now printed in the bill. Each sec- an opportunity to debate and vote on tion of the committee amendment in the na- this issue. DURING THE 5-MINUTE RULE ture of a substitute shall be considered as We’ll hear a great deal of discussion Mr. DREIER. Mr. Speaker, I ask read. During consideration of the bill for about this bill today, and arguments unanimous consent that the following amendment, the Chairman of the Committee will be made that these trust funds committees and their subcommittees of the Whole may accord priority in recogni- should not be exempted from budget be permitted to sit today while the tion on the basis of whether the Member of- fering an amendment has caused it to be cuts in attempts to balance the budget. House is meeting in the Committee of printed in the portion of the Congressional But Congress made a commitment to the Whole House under the 5-minute Record designated for that purpose in clause use the proceeds of transportation user rule. 6 of rule XXIII. Amendments so printed shall fees solely for transportation purposes. Committee on Agriculture, Commit- be considered as read. At the conclusion of Presently, there is over $30 billion in tee on Banking and Financial Services, consideration of the bill for amendment the the four transportation trust funds— Committee on Economic and Edu- Committee shall rise and report the bill to money that could be and should be cational Opportunities, Committee on the House with such amendments as may used to improve our highways, air- International Relations, Committee on have been adopted. Any Member may de- mand a separate vote in the House on any ports, harbors, and inland waterways. the Judiciary, Committee on Re- amendment adopted in the Committee of the The public is no longer being fooled by sources, Committee on Science, Com- Whole to the bill or to the committee using these funds to mask the true size mittee on Small Business, Committee amendment in the nature of a substitute. of the Federal deficit. It’s way past on Transportation and Infrastructure, The previous question shall be considered as time to honor our commitment and re- Committee on Veterans’ Affairs, and ordered on the bill and amendments thereto lease these funds to improve our Na- the Permanent Select Committee on to final passage without intervening motion tion’s transportation infrastructure. Intelligence. except one motion to recommit with or with- It is my understanding that the mi- out instructions. Mr. Speaker, I’m proud to be a co- nority has been consulted and that The SPEAKER pro tempore. The gen- sponsor of this bill and I urge my col- there is no objection to these requests. tleman from Tennessee [Mr. QUILLEN] leagues to vote for this open rule and The SPEAKER pro tempore (Mr. is recognized for 1 hour. to support passage of this important GILLMOR). Is there objection to the re- Mr. QUILLEN. Mr. Speaker, for the piece of legislation. quest of the gentleman from Califor- purposes of debate only, I yield the cus- Mr. Speaker, I include the following nia? tomary 30 minutes to the gentleman extraneous material for the RECORD: H3498 CONGRESSIONAL RECORD — HOUSE April 17, 1996 THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of April 15, 1996]

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

Open/Modified-open 2 ...... 46 44 60 59 Modified Closed 3 ...... 49 47 26 25 Closed 4 ...... 9 9 16 16 Total ...... 104 100 102 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of April 15, 1996]

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

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 261 (11/9/95) ...... C ...... H.J. Res. 115 ...... Cont. Resolution ...... A: 223–182 (11/10/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 229–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3499 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of April 15, 1996]

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

H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands. H. Res. 309 (12/18/95) ...... C ...... H.Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 380 (3/12/96) ...... MC ...... H.R. 2703 ...... Effective Death Penalty ...... A: 251–157 (3/13/96). H. Res. 384 (3/14/96) ...... MC ...... H.R. 2202 ...... Immigration ...... PQ: 233–152 A: voice vote (3/21/96). H. Res. 386 (3/20/96) ...... C ...... H.J. Res. 165 ...... Further Cont. Approps ...... PQ: 234–187 A: 237–183 (3/21/96). H. Res. 388 (3/20/96) ...... C ...... H.R. 125 ...... Gun Crime Enforcement ...... A: 244–166 (3/22/96). H. Res. 391 (3/27/96) ...... C ...... H.R. 3136 ...... Contract w/America Advancement ...... PQ: 232–180 A: 232–177, (3/28/96). H. Res. 392 (3/27/96) ...... MC ...... H.R. 3103 ...... Health Coverage Affordability ...... PQ: 229–186 A: Voice Vote (3/29/96) H. Res. 395 (3/29/96) ...... MC ...... H.J. Res. 159 ...... Tax Limitation Const. Amdmt...... PQ: 232–168 A: 234–162 (4/15/96) H. Res. 396 (3/29/96) ...... O ...... H.R. 842 ...... Truth in Budgeting Act ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. QUILLEN. Mr. Speaker, I reserve tation projects over the next 5 years. Mr. GOSS. Mr. Speaker, I thank the the balance of my time. But if we do, we should make that deci- distinguished chairman emeritus, the Mr. BEILENSON. Mr. Speaker, I sion with full awareness of the con- gentleman from Tennessee [Mr. QUIL- thank the gentleman from Tennessee sequences of such action for other Fed- LEN] for yielding time to me. [Mr. QUILLEN] for yielding the cus- eral programs, and for our efforts to re- I rise in support of this good open tomary half hour of debate time, and I duce Federal deficits. rule. But I must say to my colleagues yield myself such time as I may However, if transportation spending that I am perplexed that we are bring- consume. is given the preferential budgetary ing this pleasure to the floor. I, of Mr. Speaker, although many of us be- treatment provided by H.R. 842, we course, do have enormous respect for lieve that the so-called Truth in Budg- would no longer determine the appro- Chairman SHUSTER and his colleagues eting Act that would be made in order priate amount to spend on transpor- on the Committee on Transportation by this rule is an irresponsible piece of tation projects in the context of our and Infrastructure who believe they legislation, we have no objections to decisions on all other Federal spending; are doing the right thing for the trans- the rule itself. It is the first open rule we would no longer be forced to make portation infrastructure of our Nation the House has considered this year, and the necessary tradeoffs that we cur- with this bill. But I and others cannot we commend the majority for bringing rently have to make whenever spend- agree with their conclusion because of this controversial legislation to the ing is increased for any program. our commitment to the higher goal of House floor in this manner. Furthermore, if special budgetary controlling Government spending. We also commend the majority for treatment is given to transportation Mr. Speaker, 2 days ago Americans providing an extra hour of general de- spending, advocates of other programs were reminded in an extremely per- bate time—for a total of 2 hours—and that are funded by dedicated revenues sonal way of the extent to which Gov- allowing the chairmen and ranking mi- will demand the same treatment. And ernment feeds upon our families’ budg- nority members of the two committees there are nearly 160 other trust funds, ets. Americans are working several of jurisdiction to control one-half hour and hundreds of similar special ac- hours each day just to fulfill their of debate time each. That provision of counts, within the Federal budget. This overall tax burdens now, and yet the time is adequate and fair for a measure bill could be the first step toward a Federal Government still cannot make that has been reported favorably by fracturing of the Federal budget that ends meet. Despite concerted efforts to one committee of jurisdiction, the would make the work of managing the shrink Government spending, we re- Transportation and Infrastructure spending of our Federal dollars, and de- main nearly $5.5 trillion in debt. That Committee, and adversely by the other, termining the size of the Federal budg- is trillion. Given the fact that we spend the Budget Committee. et, far more complicated and difficult over $200 billion every year just in in- Mr. Speaker, proponents of this legis- than it already is. terest to service that debt, it is obvi- lation make a good case that we need Finally, Mr. Speaker, this bill is ously incumbent upon us to handle to increase spending for our Nation’s based on a faulty premise—that we are with care the process by which we con- transportation infrastructure. Many of raising more revenues dedicated to sider and make all our spending deci- transportation than we are spending on our highways, airports, mass transit sions, and that is why I cannot support transportation projects and therefore, systems, and ports are in serious need the bill before us today. those revenues mask the true size of of repair, modernizing, and expansion; Not 2 days after tax filing and not 2 the deficit. In truth, in 12 of the past 15 and our failure to spend an adequate weeks after the President signed into years, spending from the transpor- law the historic line-item veto to in- amount on these projects is costing our tation trust funds has exceeded the crease control over our Federal budget, Nation dearly in terms of lower produc- amount of revenues received. The sur- this House is now considering a meas- tivity. However, moving four transpor- pluses in the trust funds that currently ure to weaken our hold on spending tation trust funds off budget, and out exist result largely from interest that from under the discretionary spending has been credited to the funds on bal- and make it likely that Government caps, as H.R. 842 would do, is not the ances that accrued many years ago. will spend more, not less, in the future. appropriate way to solve this problem. Mr. Speaker, to repeat: We have no This bill, although very well inten- By freeing transportation spending objection to the rule, since it is an tioned and pleasantly titled, has the ef- from the budget constraints that are open rule that will allow for a full de- fect of shielding one type of Federal currently imposed on all discretionary bate on H.R. 842. But we strongly urge spending from all budget controls that spending programs, it is likely that Members to reject the bill itself. would currently apply, and I would say transportation spending will increase Mr. Speaker, I reserve the balance of that includes the line-item veto we by about $20 to $21 billion over the next our time. worked so hard to get. 5 years. But to compensate for that Mr. QUILLEN. Mr. Speaker, I yield 3 Although the Committee on Trans- extra spending, Congress would have to minutes to the gentleman from Florida portation and Infrastructure went to increase the deficit by that amount, or [Mr. GOSS], a very valuable member of great lengths in its committee report make deeper cuts in other discre- the Committee on Rules. to ensure Members that taking the tionary programs. (Mr. GOSS asked and was given per- four transportation trust funds off We may well decide that we want to mission to revise and extend his re- budget would not in and of itself lead spend an extra $20 billion on transpor- marks.) to greater spending, the report went on H3500 CONGRESSIONAL RECORD — HOUSE April 17, 1996 to make the increase for greater trans- veto will apply, and I think it will nec- or ticket taxes, that they are going to portation spending in the future. We essarily preclude an amendment that be used for transportation purposes. can be fairly confident that moving otherwise would have been made. So Well, unfortunately, for accounting these funds beyond the reach of budg- that is good news. purposes these trust funds have been etary controls will lead to more spend- Mr. BEILENSON. Mr. Speaker, I re- used to mask the deficit, and because ing and more obligation by the Amer- serve the balance of my time. of that my own State in the last 5 ican taxpayers. Mr. QUILLEN. Mr. Speaker, I yield 2 years has lost $260 million in trust Mr. Speaker, many Members feel, as minutes to the gentleman from Illinois funds that would have gone to improve I do, that our budget process is in need [Mr. WELLER]. transportation. of comprehensive reform, precisely be- (Mr. WELLER asked and was given permission to revise and extend his re- As we know, when we improve trans- cause we do not have effective spending portation, we create jobs. That is why controls and incentives to save rather marks.) Mr. WELLER. Mr. Speaker, I rise in groups like the NFIB, the Chamber of than spend. In my view, H.R. 842 takes support of this open rule, and I rise in Commerce, the Farm Bureau, orga- us in the wrong direction and weakens support today, in strong support, of nized labor, the Conference of State spending controls and boosts the incen- H.R. 842. This bill is called the Truth in Legislatures, the League of Cities and tive to spend. I have long championed Budgeting Act for a reason. It is com- many others are supporting the truth users’ fees, enterprise funds and other monsense legislation that will take the in budgeting bill. creative ways to fairly and reasonably four transportation trust funds off This legislation will create jobs. In raise revenues for necessary Govern- budget. fact, economists say that for every $1 ment expenditures, but putting trans- Think about it. Every time we go to billion in transportation spending you portation in a special privileged budget the gas pump, we are paying into the create 42,000 good paying jobs. This leg- category, I believe, is the wrong way to Highway Trust Fund. Every time we islation is good for workers, it is good go. fly on an airline, on a commercial for good-paying jobs, it is good for Mr. SHUSTER. Mr. Speaker, will the flight, we are paying into the Aviation working families. It is a tax fairness gentleman yield? Trust Fund. These are user fees that issue, as well, Mr. Speaker. Mr. GOSS. I yield to the gentleman are supposed to be used for improve- from Pennsylvania. ments for our roads, our bridges, our I urge a ‘‘yes’’ vote on the rule and a Mr. SHUSTER. Mr. Speaker, I thank ports, our airports, to widen congested ‘‘yes’’ vote on final passage. the gentleman for yielding to me. highways, improve safety, and expand Mr. BEILENSON. Mr. Speaker, I I am sure the gentleman would not airport capacity. yield myself one-half minute. intentionally mislead the body. In my own district these are the kind Mr. Speaker, this is the first open Mr. GOSS. Mr. Speaker, I would not. of funds that should be used to widen rule to be considered by the House this Mr. SHUSTER. Mr. Speaker, the gen- the Morris Bridge in my hometown session, and we are happy to support it. tleman said that the line-item veto did from two to four lanes, to construct a However, we do want to point out that not apply here. The line-item veto by south suburban airport to improve 72 percent of the legislation considered the President does apply and the Presi- aviation capacity in the Chicago area, this session has not even been reported dent would be able to exercise the line- and they could also be used for quick from committee. In fact, 11 of 16 meas- item veto, which is simply one of the replacement of the outdated, anti- ures brought up this session have been many spending constraints that would quated, 30-year-old equipment at our unreported. be retained if this legislation is passed. air traffic control systems. Today I have with me a vacuum tube (Mr. BEILENSON asked and was b 1145 that is used in our computers in our air given permission to revise and extend Mr. GOSS. Mr. Speaker, I am pleased traffic control system. They need to be his remarks and to include extraneous to hear the chairman’s assurance on replaced. This legislation is a safety material.) that. Our reading of the bill did not in- issue, as well. Mr. BEILENSON. Mr. Speaker, I in- clude that assurance. I am pleased to Americans believe that when they clude for the RECORD the following in- have that assurance that the line-item are paying their user fees or gas taxes formation: FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

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

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes; PQ ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 101 ...... To transfer a parcel of land to the Taos Pueblo Indians of New Mex- H. Res. 51 Open ...... N/A. ico. H.R. 400 ...... To provide for the exchange of lands within Gates of the Arctic Na- H. Res. 52 Open ...... N/A. tional Park Preserve. H.R. 440 ...... To provide for the conveyance of lands to certain individuals in H. Res. 53 Open ...... N/A. Butte County, California. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference; PQ2 ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision; PQ. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered; PQ. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3501 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

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

H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the com- mittee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster sub- stitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language; PQ. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the com- mittee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-exe- cutes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins; PQ. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget; PQ. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments; PQ. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ); PQ. H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amend- ment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A. the Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr; PQ. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment; PQ. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min. each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments; PQ. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority; PQ. H.R. 1977 ...... Interior Appropriations ...... H. Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 of N/A. rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority; PQ. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority; PQ. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority; PQ. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority; PQ. *RULE AMENDED*. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute as N/A. original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title.. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min.); waives all points of order against the Klug and Davis amend- ments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H3502 CONGRESSIONAL RECORD — HOUSE April 17, 1996 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

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

H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min.) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min.), N/A. if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title; PQ. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open; 2 hr of gen. debate. makes in order the committee substitute as original text ...... N/A. H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive; waives sections 302(f), 308(a) and 401(b) of the Budget Act. Makes in order N/A. the committee substitute as modified by Govt. Reform amend (striking sec. 505) and an amendment striking title VII. Cl 7 of rule XVI and cl 5(a) of rule XXI are waived against the substitute. Sections 302(f) and 401(b) of the CBA are also waived against the sub- stitute. Amendments must also be pre-printed in the Congressional record. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open; waives cl 7 of rule XVI against the committee substitute made in order as original N/A. text; Pre-printing gets priority. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open; waives sections 302(f) and 308(a) of the Budget Act against consideration of the N/A. bill; bill will be read by title; waives cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Pre-printing gets priority. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open; waives section 302(f) and 401(b) of the Budget Act against the substitute made in N/A. grams Act (CAREERS). order as original text (H.R. 2332), cl. 5(a) of rule XXI is also waived against the sub- stitute. provides for consideration of the managers amendment (10 min.) If adopted, it is considered as base text. H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open; waives section 302(f) of the Budget Act against consideration of the bill; Makes H.R. N/A. 2349 in order as original text; waives section 302(f) of the Budget Act against the sub- stitute; provides for the consideration of a managers amendment (10 min.) If adopted, it is considered as base text; Pre-printing gets priority; PQ. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive; waives cl 2(L)(2)(B) of rule XI against consideration of the bill; makes in order 2R/2D H.R. 2347 as base text; waives cl 7 of rule XVI against the substitute; Makes Hamilton amendment the first amendment to be considered (1 hr). Makes in order only amend- ments printed in the report. H.R. 743 ...... The Teamwork for Employees and managers Act of 1995 ...... H. Res. 226 Open; waives cl 2(l)(2)(b) of rule XI against consideration of the bill; makes in order the N/A. committee amendment as original text; Pre-printing get priority. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open; makes in order a committee amendment as original text; Pre-printing gets priority .... N/A. H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open; makes in order a committee amendment as original text; pre-printing gets priority .... N/A. H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed; Provides for the immediate consideration of the CR; one motion to recommit which ...... may have instructions only if offered by the Minority Leader or a designee. H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open; self-executes a provision striking section 304(b)(3) of the bill (Commerce Committee N/A. request); Pre-printing gets priority. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive; waives cl 2(l)(2)(B) of rule XI against the bill’s consideration; makes in order 1D the text of the Senate bill S. 1254 as original text; Makes in order only a Conyers sub- stitute; provides a senate hook-up after adoption. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive; waives all points of order against the bill’s consideration; makes in order the 1D text of H.R. 2485 as original text; waives all points of order against H.R. 2485; makes in order only an amendment offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes); PQ. H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive; provides for consideration of the bill in the House ...... N/A. H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive; makes in order H.R. 2517 as original text; waives all pints of order against the 1D H. Con. Res. 109 ...... Reform. bill; Makes in order only H.R. 2530 as an amendment only if offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes); PQ. H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A. H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive; waives all points of order against the bill’s consideration; Makes in order the N/A Walsh amendment as the first order of business (10 min.); if adopted it is considered as base text; waives cl 2 and 6 of rule XXI against the bill; makes in order the Bonilla, Gunderson and Hostettler amendments (30 min.); waives all points of order against the amendments; debate on any further amendments is limited to 30 min. each. H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed; Provides for the immediate consideration of the CR; one motion to recommit which N/A may have instructions only if offered by the Minority Leader or a designee. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive; Provides for the immediate consideration of the CR; one motion to recommit 5R which may have instructions only if offered by the Minority Leader or a designee; self- executes 4 amendments in the rule; Solomon, Medicare Coverage of Certain Anti-Cancer Drug Treatments, Habeas Corpus Reform, Chrysler (MI); makes in order the Walker amend (40 min.) on regulatory reform. H.R. 2539 ...... ICC Termination ...... H. Res. 259 Open; waives section 302(f) and section 308(a) ...... H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 261 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1hr). H.R. 2586 ...... Temporary Increase in the Statutory Limit on the Public Debt ...... H. Res. 262 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1hr). H. Res. 250 ...... House Gift Rule Reform ...... H. Res. 268 Closed; provides for consideration of the bill in the House; 30 min. of debate; makes in 2R order the Burton amendment and the Gingrich en bloc amendment (30 min. each); waives all points of order against the amendments; Gingrich is only in order if Burton fails or is not offered. H.R. 2564 ...... Lobbying Disclosure Act of 1995 ...... H. Res. 269 Open; waives cl. 2(l)(6) of rule XI against the bill’s consideration; waives all points of order N/A. against the Istook and McIntosh amendments. H.R. 2606 ...... Prohibition on Funds for Bosnia Deployment ...... H. Res. 273 Restrictive; waives all points of order against the bill’s consideration; provides one motion N/A. to amend if offered by the Minority Leader or designee (1 hr non-amendable); motion to recommit which may have instructions only if offered by Minority Leader or his designee; if Minority Leader motion is not offered debate time will be extended by 1 hr. H.R. 1788 ...... Amtrak Reform and Privatization Act of 1995 ...... H. Res. 289 Open; waives all points of order against the bill’s consideration; makes in order the Trans- N/A. portation substitute modified by the amend in the report; Bill read by title; waives all points of order against the substitute; makes in order a managers amend as the first order of business, if adopted it is considered base text (10 min.); waives all points of order against the amendment; Pre-printing gets priority. H.R. 1350 ...... Maritime Security Act of 1995 ...... H. Res. 287 Open; makes in order the committee substitute as original text; makes in order a managers N/A. amendment which if adopted is considered as original text (20 min.) unamendable; pre- printing gets priority. H.R. 2621 ...... To Protect Federal Trust Funds ...... H. Res. 293 Closed; provides for the adoption of the Ways & Means amendment printed in the report. 1 N/A. hr. of general debate; PQ. H.R. 1745 ...... Utah Public Lands Management Act of 1995 ...... H. Res. 303 Open; waives cl 2(l)(6) of rule XI and sections 302(f) and 311(a) of the Budget Act against N/A. the bill’s consideration. Makes in order the Resources substitute as base text and waives cl 7 of rule XVI and sections 302(f) and 308(a) of the Budget Act; makes in order a managers’ amend as the first order of business, if adopted it is considered base text (10 min).. H. Res. 304 ...... Providing for Debate and Consideration of Three Measures Relating N/A Closed; makes in order three resolutions; H.R. 2770 (Dorman), H. Res. 302 (Buyer), and H. 1D; 2R to U.S. Troop Deployments in Bosnia. Res. 306 (Gephardt); 1 hour of debate on each.. H. Res. 309 ...... Revised Budget Resolution ...... H. Res. 309 Closed; provides 2 hours of general debate in the House; PQ ...... N/A. H.R. 558 ...... Texas Low-Level Radioactive Waste Disposal Compact Consent Act ... H. Res. 313 Open; pre-printing gets priority ...... N/A. H.R. 2677 ...... The National Parks and National Wildlife Refuge Systems Freedom H. Res. 323 Closed; consideration in the House; self-executes Young amendment ...... N/A. Act of 1995. PROCEDURE IN THE 104TH CONGRESS 2D SESSION H.R. 1643 ...... To authorize the extension of nondiscriminatory treatment (MFN) to H. Res. 334 Closed; provides to take the bill from the Speaker’s table with the Senate amendment, and N/A. the products of Bulgaria. consider in the House the motion printed in the Rules Committee report; 1 hr. of general debate; previous question is considered as ordered. ** NR; PQ. H.J. Res. 134 ...... Making continuing appropriations/establishing procedures making H. Res. 336 Closed; provides to take from the Speaker’s table H.J. Res. 134 with the Senate amendment N/A. H. Con. Res. 131 ...... the transmission of the continuing resolution H.J. Res. 134. and concur with the Senate amendment with an amendment (H. Con. Res. 131) which is self-executed in the rule. The rule provides further that the bill shall not be sent back to the Senate until the Senate agrees to the provisions of H. Con. Res. 131. ** NR; PQ. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3503 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

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

H.R. 1358 ...... Conveyance of National Marine Fisheries Service Laboratory at H. Res. 338 Closed; provides to take the bill from the Speakers table with the Senate amendment, and N/A. Gloucester, Massachusetts. consider in the house the motion printed in the Rules Committee report; 1 hr. of general debate; previous quesetion is considered as ordered. ** NR; PQ. H.R. 2924 ...... Social Security Guarantee Act ...... H. Res. 355 Closed; ** NR; PQ ...... N/A. H.R. 2854 ...... The Agricultural Market Transition Program ...... H. Res. 366 Restrictive; waives all points of order against the bill; 2 hrs of general debate; makes in 5D; 9R; 2 order a committee substitute as original text and waives all points of order against the Bipartisan. substitute; makes in order only the 16 amends printed in the report and waives all points of order against the amendments; circumvents unfunded mandates law; Chairman has en bloc authority for amends in report (20 min.) on each en bloc; PQ. H.R. 994 ...... Regulatory Sunset & Review Act of 1995 ...... H. Res. 368 Open rule; makes in order the Hyde substitute printed in the Record as original text; waives N/A. cl 7 of rule XVI against the substitute; Pre-printing gets priority; vacates the House ac- tion on S. 219 and provides to take the bill from the Speakers table and consider the Senate bill; allows Chrmn. Clinger a motion to strike all after the enacting clause of the Senate bill and insert the text of H.R. 994 as passed by the House (1 hr) debate; waives germaneness against the motion; provides if the motion is adopted that it is in order for the House to insist on its amendments and request a conference. H.R. 3021 ...... To Guarantee the Continuing Full Investment of Social security and H. Res. 371 Closed rule; gives one motion to recommit, which if it contains instructions, may only if of- N/A. Other Federal Funds in Obligations of the United States. fered by the Minority Leader or his designee. ** NR. H.R. 3019 ...... A Further Downpayment Toward a Balanced Budget ...... H. Res. 372 Restrictive; self-executes CBO language regarding contingency funds in section 2 of the 2D/2R. rule; makes in order only the amendments printed in the report; Lowey (20 min), Istook (20 min), Crapo (20 min), Obey (1 hr); waives all points of order against the amend- ments; give one motion to recommit, which if contains instructions, may only if offered by the Minority Leader or his designee. ** NR. H.R. 2703 ...... The Effective Death Penalty and Public Safety Act of 1996 ...... H. Res. 380 Restrictive; makes in order only the amendments printed in the report; waives all points of 6D; 7R; 4 orer against the amendments; gives Judiciary Chairman en bloc authority (20 min.) on Bipartisan. enblocs; provides a Senate hook-up with S. 735. ** NR. H.R. 2202 ...... The Immigration and National Interest Act of 1995 ...... H. Res. 384 Restrictive; waives all points of order against the bill and amendments in the report except 12D; 19R; 1 for those arising under sec. 425(a) of the Budget Act (unfunded mandates); 2 hrs. of Bipartisan. general debate on the bill; makes in order the committee substitute as base text; makes in order only the amends in the report; gives the Judiciary Chairman en bloc authority (20 min.) of debate on the en blocs; self-executes the Smith (TX) amendment re: em- ployee verification program; PQ. H.J. Res. 165 ...... Making further continuing appropriations for FY 1996 ...... H. Res. 386 Closed; provides for the consideration of the CR in the House and gives one motion to re- N/A. commit which may contain instructions only if offered by the Minority Leader; the rule also waives cl 4(b) of rule XI against the following: an omnibus appropriations bill, an- other CR, a bill extending the debt limit. ** NR. H.R. 125 ...... The Gun Crime Enforcement and Second Amendment Restoration Act H. Res. 388 Closed; self-executes an amendment; provides one motion to recommit which may contain N/A of 1996. instructions only if offered by the Minority Leader or his designee. ** NR. H.R. 3136 ...... The Contract With America Advancement Act of 1996 ...... H. Res. 391 Closed; provides for the consideration of the bill in the House; self-executes an amendment N/A in the Rules report; waives all points of order, except sec. 425(a)(unfunded mandates) of the CBA, against the bill’s consideration; orders the PQ except 1 hr. of general debate between the Chairman and Ranking Member of Ways and Means; one Archer amendment (10 min.); one motion to recommit which may contain instructions only if offered by the Minority Leader or his designee; Provides a Senate hookup if the Senate passes S. 4 by March 30, 1996. **NR. H.R. 3103 ...... The Health Coverage Availability and Affordability Act of 1996 ...... H. Res. 392 Restrictive: 2 hrs. of general debate (45 min. split by Ways and Means) (45 split by Com- N/A merce) (30 split by Economic and Educational Opportunities); self-executes H.R. 3160 as modified by the amendment in the Rules report as original text; waives all points of order, except sec. 425(a) (unfunded mandates) of the CBA; makes in order a Democratic substitute (1 hr.) waives all points of order, except sec. 425(a) (unfunded mandates) of the CBA, against the amendment; one motion to recommit which may contain instruc- tions only if offered by the Minority Leader or his designee; waives cl 5(c) of Rule XXI (requiring 3/5 vote on any tax increase) on votes on the bill, amendments or conference reports. H.J. Res. 159 ...... Tax Limitation Constitutional Amendment ...... H. Res. 395 Restrictive; provides for consideration of the bill in the House; 3 hrs of general debate; ID Makes in order H.J. Res. 169 as original text; allows for an amendment to be offered by the Minority Leader or his designee (1 hr) ** NR. H.R. 842 ...... Truth in Budgeting Act ...... H. Res. 396 Open; 2 hrs. of general debate; Pre-printing gets priority ...... N/A * Contract Bills, 67% restrictive; 33% open. ** All legislation 1st Session, 53% restrictive; 47% open. *** All legislation 2d Session, 94% restrictive; 6% open. **** All legislation 104th Congress, 65% restrictive; 35% open. ***** NR indicates that the legislation being considered by the House for amendment has circumvented standard procedure and was never reported from any House committee. ****** PQ Indicates that previous question was ordered on the resolu- tion. ******* Restrictive rules are those which limit the number of amendments which can be offered, and include so-called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103d Congress. N/A means not available.

Mr. QUILLEN. Mr. Speaker, I yield 5 The Secretaries of Transportation trust funds are being used to pay for minutes to the gentleman from Arkan- and Treasury Department will have to social programs or other programs, sas [Mr. HUTCHINSON]. review the Aviation Trust Fund annu- then we have got to find an alternative Mr. HUTCHINSON. Mr. Speaker, I ally to determine if expected receipts way to fund those programs or we must thank the gentleman for yielding me will cover the authorized aviation ex- cut them back and restrain the growth the time. penditures. If the trust fund does not in spending. Mr. Speaker, I rise today in strong cover unfunded aviation authoriza- Mr. Speaker, this is first and fore- support of the rule to bring H.R. 842, tions, then those authorizations must most a tax honesty issue. As my col- the Truth in Budgeting Act, to the be reduced on a pro rata basis until the leagues know, every time a motorist House floor. It is time that the full shortfall is covered. buys gasoline or a traveler buys an air- House take action on this issue, and The Army and Treasury Secretaries line ticket, taxes are paid into the this open rule would allow such a de- will review the Inland Waterways and highway and aviation trust funds. Con- bate to take place. Harbor Maintenance Trust Funds in gress imposed these taxes with the as- The Truth in Budgeting Act would the same manner. surance that the collected funds would simply take four trust funds off budget: For over 20 years now the spending be spent for infrastructure improve- the Highway Trust Fund, the Aviation from these trust funds has been capped ments and infrastructure improve- Trust Fund, the Inland Waterways in order to make the Federal deficit ments only. Trust Fund and the Harbor Mainte- look smaller. This has allowed Con- Most people in our Nation take our nance Trust Fund. These are dedicated gress and the administration to hold infrastructure for granted. We are very user funds which can only be used for back funds from infrastructure devel- fortunate to have the resources and the infrastructure investment. opment and instead spend additional planning needed to create a first-class For those concerned that H.R. 842 money on social programs. While many system or a class system. But much re- will somehow allow infrastructure of these programs have merit, they mains to be done, and much deteriora- spending to grow unrestrained, I would should not be paid for by holding back tion is in our infrastructure. The cost point out that the legislation estab- money from these trust funds. of upkeep and maintenance alone runs lishes automatic spending safeguards. My colleagues on the other side of very high. So it is essential that we Identical to the safeguard already con- this issue say by taking the trust funds take these trust funds off budget. tained in the Highway Trust Fund, off budget we will increase the deficit, Currently, the Department of Trans- H.R. 842 will ensure that the remaining and I would remind them again that by portation estimates that the backlog of trust funds are deficit proof and oper- law these trust funds can only be used needs for our Nation’s highways and ate on a pay-as-you-go basis. for transportation purposes, and if the bridges totals $315 billion. Simply H3504 CONGRESSIONAL RECORD — HOUSE April 17, 1996 maintaining our current transit sys- Mr. Chairman, our Nation’s infra- funds, transportation trust funds tem is estimated to cost $8 billion an- structure is crumbling. Even our which, by the way, are different from nually for the next 20 years, and ac- vaunted Interstate System is filled many other trust funds in Washington cording to airport groups, airport in- with potholes. Our Air Traffic Control in that they are totally user financed. vestment needs are $10 billion a year. System is blacking out. We still have Mr. Chairman, I would like to remind As I said, the issue is truly one of vacuum tube computers running the my colleagues that back in 1964, before honesty. In the President’s first year in Air Traffic Control System. Across the unified budget, the American peo- office he was interviewed by a reporter America we need to invest in infra- ple were asked, ‘‘Do you have con- in my district in Arkansas, and my dis- structure. Indeed, travel on our high- fidence that your government gen- trict happens to be the largest metro- ways is growing at a compound rate of erally will try to do the right thing, politan area in the United States with- 3 percent a year; trucking, as we move your Federal Government,’’ and 76 per- out an interstate highway. We are into the next century, will see a 28-per- cent of the American people said, working on it, but that kind of need is cent increase in travel on our high- ‘‘Yes,’’ and today, when asked that so essential across this country, and ways. We will experience, as we move same question, ‘‘Do you have con- the President was asked the question, into the next century, a billion people fidence that your Federal Government ‘‘What can you do, Mr. President, to in- traveling commercially in aviation a generally tries to do the right thing,’’ sure the construction of this highway year, and it was only 230 million trav- only 19 percent of the American people needed in my district?’’ eling just 15 years ago. say yes. His response was, ‘‘The most impor- We need to invest in infrastructure. b 1200 tant thing this administration can do But that is not the most important is to take the highway trust funds off reason why we should pass this legisla- I submit to you that exhibit A is the budget.’’ tion today. The reason that we should way these transportation trust funds I do not know what his position is on pass this legislation today, the most have been distorted and manipulated this today, but he was absolutely right important reason, is because we need and used, so we have not kept faith when he made that statement. The to keep faith with the American peo- with the American people. most important thing we can do for ple, we need to have honest budgeting, Indeed, the Speaker of the House has building the infrastructure of this we need to put the trust back in the said many times that we should either country is to take these funds off budg- trust fund, and that is what happened spend this money, these user taxes, for et and be honest with the American originally. the purpose for which they were cre- people about the needs we face and the We hear a lot about the Contract ated, or if we do not have the needs, we need that we have in the deficit. Let us With America this year, and I certainly should reduce the tax. Indeed, that is be honest with the American people, think it is important, and many do, exactly right. I do not think there is lets be fair with them, by taking these but the original Contract With Amer- anybody in this Chamber who would trust funds off budget. ica was a contract that Dwight Eisen- say we do not have the needs. Indeed, Mr. BEILENSON. Mr. Speaker, I hower and the Congress made in 1956. the user fees are the fairest form of yield back the balance of my time. They said to the American people, taxation there is, because the person Mr. QUILLEN. Mr. Speaker, I yield ‘‘We’re going to charge a gas tax when who benefits is the person who pays. back the balance of my time, and I you drive up to the pump, and we’re There are a couple of myths which move the previous question on the res- going to put that gas tax in the trust have been floating around which should olution. fund, a highway trust fund, and we’re be answered. The first is that, well, the The previous question was ordered. going to spend that user tax to improve revenue that has come into the trust The resolution was agreed to. your highways,’’ and then later on they funds, the transportation trust funds A motion to reconsider was laid on said, ‘‘We’re going to create an avia- over the years, has really equalled or the table. tion trust fund, and when you get on an even exceeded the amount that has The SPEAKER pro tempore (Mr. airplane you’re going to pay a 10-per- been spent. That is only half the story, GILLMOR). Pursuant to House Resolu- cent ticket tax, and we’re going to because what our colleagues who make tion 396 and rule XXIII, the Chair de- take your 10-percent ticket tax, your these arguments do not tell us is that clares the House in the Committee of user tax, for getting on that airplane, they are not counting the interest that the Whole House on the State of the and we’re going to put that in an avia- has gone in on the balances in these Union for the consideration of the bill, tion trust fund, and under the law that trust funds. H.R. 842. money won’t be able to be spent for Think about that for a minute. There b 1154 anything except to improve our avia- is a minor little insignificant thing IN THE COMMITTEE OF THE WHOLE tion system, our airports, our runways, called the law of the land, which says if Accordingly the House resolved itself our terminals, our air traffic control the Treasury borrows from a trust fund into the Committee of the Whole House system, so we can have a safe system.’’ it has to pay interest. So for those who on the State of the Union for the con- Mr. Chairman, that is the way the would argue do not count the interest, sideration of the bill (H.R. 842) to pro- highway trust fund and the aviation I would suggest, first of all, it is the vide off-budget treatment for the High- trust fund and the other trust funds law of the land; but secondly, if we do way Trust Fund, the Airport and Air- worked until 1969, when Lyndon John- not want to count the interest in the way Trust Fund, the Inland Waterways son had a bright idea, trying to figure trust funds, then we had better be very, Trust Fund, and the Harbor Mainte- out how to mask the size of the deficit. very careful, because nearly 50 percent nance Trust Fund, with Mr. DREIER in He realized that while it is true under of the reserves in the Social Security the chair. the law, this money cannot be spent in trust fund is based on interest. Are we The Clerk read the title of the bill. these trust funds for anything other going to tell the American people we The CHAIRMAN. Pursuant to the than their highway, aviation purposes. are not going to count the interest, the rule, the bill is considered as having If we do not spend the money, if we let legal interest that is accruing in the been read the first time. the balances build up, then we can Social Security trust fund? No, the in- Under the rule, the gentleman from mask the size, we can hide the size, we terest under the law must be counted. Pennsylvania [Mr. SHUSTER], the gen- can distort the size of the true general Further, Mr. Chairman, we are told tleman from Minnesota [Mr. OBER- fund deficit. And so he created the so- that if this legislation passes today, it STAR], the gentleman from Ohio [Mr. called unified budget, and once that will remove all controls and we will KASICH], and the gentleman from Min- was done, over the years both Demo- simply be able to go out and spend nesota [Mr. SABO] will each control 30 cratic and Republican Presidents have whatever we want to spend on all these minutes. used this gimmick to distort and hide projects. The Chair recognizes the gentleman the size of the true general fund deficit. Mr. Chairman, simply, factually, from Pennsylvania [Mr. SHUSTER]. What has happened as a result of it? that is not true. First, the Committee Mr. SHUSTER. Mr. Chairman, I yield Today there is over $30 billion in bal- on Appropriations retains all of the ju- myself such time as I might consume. ances in the transportation trusts risdiction that it now has, and can set April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3505 the obligational limits, that is, the the commitment that he has shown the Interstate Highway Program. It ceiling, on how much can be spent over the years to that particular goal. represents 1 percent of the Nation’s every year. Further, the line-item veto I am concerned, however, about just highway mileage. It carries 26 percent that the President has does apply, and exactly how this revenue balance of the Nation’s highway traffic. That that can be used. moves forward. represented last year 990 billion miles Thirdly and perhaps most impor- The gentleman from Pennsylvania traveled on just the Interstate High- tantly, under the law not a penny can has just described the situation. That way System alone. be spent from these transportation is, that the people who propose this bill But over time, the idea of retaining trust funds unless the money is there want to spend not only the revenues some of the moneys from that trust to pay the bill. These transportation that come in for the trust fund, but fund and not spending them became trust funds are deficit-proof. Would also want to spend the accumulated in- very popular with the executive that our other programs here in Wash- terest over a period of years, because branch. Every dollar of tax revenue ington were as deficit-proof as these they feel as though that interest is from the highway users tax is invested transportation trust funds. If they money that ought to be kept in place in U.S. Treasury notes. Those Treasury were, we would not have a deficit. for improving the infrastructure of the notes, like the World War II bonds, So there are very substantial re- country. bear interest. The buyer of those bonds straints and spending controls which All of that is fine, except that it is gets the principal plus the interest. exist if this legislation is passed. Yes, all fungible. We just had the Director That was the idea that we applied in if we build America’s infrastructure, of the CBO before the Committee on the highway trust fund, that revenues for every $1 billion spent, 42,000 real the Budget. She explained that over from the highway user tax on fuel jobs are created. Yes, if we spend the the past several years, the amount of would be invested in Treasury notes, money to build America’s infrastruc- money flowing into the Treasury to which would bear interest, and which ture, we increase productivity in Amer- pay for highways has been equalled by interest would go into the highway ica, we save lives, we stimulate eco- the amount of money flowing out of trust fund. In contrast to what our pre- nomic growth. the Treasury to pay for highways. So vious speaker said, the fact is this is The Department of Transportation, they have remained in relative balance not just free money, this is money in a recent study analyzing economic over a period of some years. owed to the highway fund. It is money growth in America over the past quar- What this bill says is, oh, but in addi- owed to the users of the system by all ter of a century, says that fully 25 per- tion, we want the money in interest. taxpayers, by the Federal Government cent of the economic growth, the in- Understand, the interest payments we for the use of those dollars. crease in productivity in America, is are talking about here are not new So over time, Mr. Chairman, what attributable to building infrastructure. money for the Government, they are has happened is that the executive So, indeed, for all these reasons we taxpayers’ money as well. It is, again, branch has withheld not only interest, should vigorously support this legisla- the same taxpayers’ money. Therefore, but the principal that has been paid in by highway users into the highway tion today, not only because the needs the money, the $19 billion of interest trust fund, and conveniently kept it in are there, but because it is fair, it is that seeks to be spent under this bill is the unified budget account to make the right, it is just, it is the honest way to $19 billion of discretionary money that deficit look less than it really is. deal with the American people. I urge will have to be taken out of somewhere Mr. Chairman, what we want to do is my colleagues to support this legisla- else in discretionary accounts. to free all of the transportation trust tion. So, if in fact you are going to do this, Mr. Chairman, I reserve the balance funds from the artificial and unneces- and you are going to achieve what the of my time. sary constraints of the budget process committee seeks to achieve with this and allow those funds to be used and PARLIAMENTARY INQUIRY bill, you are going to have to take it invested to reverse the deterioration of Mr. SHUSTER. I have a parliamen- away from other spending. You are our Nation’s infrastructure. This is not tary inquiry, Mr. Chairman. going to have to take it away from The CHAIRMAN. The gentleman will adding to the deficit, it is a deficit-neu- other things which are vital to the state it. tral step that we take here. We urge Mr. SHUSTER. Mr. Chairman, how country, such as spending money on everybody to support our legislation. will the various committees be recog- the research and development to take Mr. Chairman, I reserve the balance nized? us to the economy of the future. of my time. The CHAIRMAN. The Chair was plan- Mr. OBERSTAR. Mr. Chairman, I Mr. SABO. Mr. Chairman, I yield my- 1 ning to rotate among the committees. yield myself 3 ⁄2 minutes. self such time as I may consume. Mr. SHUSTER. We are not doing 1 Mr. Chairman, the initial purpose of (Mr. SABO asked and was given per- hour per committee? the highway trust fund when it was mission to revise and extend his re- The CHAIRMAN. It is the intention crafted in 1956 was to finance the na- marks.) of the Chair to rotate among those tional system of interstate and defense Mr. SABO. Mr. Chairman, this is one Members who seek recognition. highways, the world’s largest infra- of the rare times I find myself on the Mr. KASICH. Mr. Chairman, I yield 2 structure project and one of the mar- opposite side of an issue with my good minutes to the gentleman from Penn- vels of engineering of the world, and friend, the gentleman from Minnesota sylvania [Mr. WALKER], the distin- was based upon the idea that we needed [Mr. OBERSTAR]. guished chairman of the Committee on a dedicated revenue stream to finance Mr. Chairman, I wish I could tell the Science, in opposition to the bill. projects that would take a long time to House that Santa Claus was here, but Mr. WALKER. Mr. Chairman, I thank design, engineer, acquire right-of-way Santa Claus is not here. The reality is the gentleman for yielding time to me. for the roadway to be built upon, and that if one is trying to achieve a cer- Mr. Chairman, I first of all want to then to construct that roadway. So the tain deficit target or trying to balance say that my colleague, the gentleman framers of the Interstate Highway Sys- a budget within a specified period of from Pennsylvania [Mr. SHUSTER], tem Program conceived a dedicated time and one spends more on some- chairman of the committee, is in fact revenue stream to be financed by a tax thing, you have to spend less on some- someone who works very, very hard to upon the users of the system, all those thing else. Those are the simple facts. preserve the Nation’s infrastructure, people who drive cars and trucks, and a I like highways. Appropriate expendi- and should be congratulated for the tax upon fuel was agreed upon. tures on highways are an important in- work that he does in terms of trying to It was also agreed in that initial leg- vestment in this country. Appropriate make certain that the resources pro- islation that this fund should be held expenditures on airports are an impor- vided to the Nation’s infrastructure are in trust for the purpose for which it tant investment in this country. Ap- in fact adequate, and do in fact reflect was intended, and that it should be def- propriate expenditures on transit are the needs of a Nation that is expanding icit-proof, as the chairman of the com- an important expenditure and invest- into our future. mittee has already expressed. ment in this country. But we have to My opposition to the bill that he has It has been an enormously successful make those judgments in relationship before us today has nothing to do with program. We have spent $120 billion on to the other choices we have to make. H3506 CONGRESSIONAL RECORD — HOUSE April 17, 1996 I also happen to think that money dynamic debate every year of how we so diligent in trying to solve this defi- spent on research and development is set our priorities. There is one way we cit. Also to the gentleman from Ohio important, that investment in edu- do that and that is by rejecting this [Mr. KASICH] who has been a warrior cation is important, that investment in bill. and his staff that have made all the dif- our housing supply and housing avail- Mr. Chairman, I reserve the balance ference. The fact is that if BOB DOLE ability in this country is important. of my time. has any sense, he will pick one of the All of those are going to suffer if this Mr. SHUSTER. Mr. Chairman, I yield three Johns as his Vice President— proposal passes today, and the assump- 1 minute to my friend and neighbor, Jack Kemp, JOHN MCCAIN, or JOHN KA- tion is that somehow billions of new the gentleman from Pennsylvania [Mr. SICH. All would be good for our ticket. dollars appear to be expended. Those CLINGER]. JOHN has been a warrior, and to even be others inevitably have to suffer, be- Mr. CLINGER. I thank the gen- dealing with this bill now wipes out cause those are the choices we have to tleman for yielding me time. many of the things that he has been make every year in Congress. There is Mr. Chairman, the Truth in Budget- trying to do. no free pot of money there, available, ing Act is nothing more than an act of What we are dealing with today is that has no impact on deficits, no im- keeping faith with the American peo- money, power, and pork. Remember pact on other expenditures. If this ple. It allows the transportation trust those words: Money, power, and pork. passes, if there is additional money funds to do what they were originally Remember the words from Simon and spent on those programs beyond projec- intended to do. Garfunkel’s song ‘‘The Boxer’’, where tion, something else has to come down. The fact that we have to debate and it goes on, ‘‘I am just a poor boy It is the simple fact. vote on this bill is—I think—an admis- though my story’s seldom told.’’ What about the inner workings of sion that Congress has in recent years He ends by saying, ‘‘A man hears these plans? Highways; when did this deceived the American taxpayer. When what he wants to hear and disregards accumulation of surplus occur? In the past Congresses first created these the rest.’’ 1960’s, and in the 1970’s. The fact is, trust funds, several promises were Many in this body are hearing what since 1981 we have spent $18 billion made that were reflected in the origi- you want to hear and disregarding the more on highways than the receipts nal statutes. One was that Federal ex- rest. More money has gone out to and the tax receipts of that fund; $3 bil- cise tax receipts would be dedicated to transportation than was in the trust lion more than total receipts, $3 billion building and maintaining these trans- fund. More money in the last 12 or 15 more than total receipts, taxes, and in- portation assets and that these activi- years has gone out than was in the terest. ties would be self-sustaining. Another trust fund. So many people are dis- One of the interesting things I dis- was that no general fund revenues regarding what they do not want to covered, and I have an amendment would be used to support these pro- hear. filed, and I do not know that I will grams. And a third was that activities This bill presents and protects sand offer it today, but I discovered to my funded by the trust funds could not run and gravel and cement. Then it says to amazement that the rate of interest a deficit. those who are elderly with Alzheimer’s credited to the highway trust fund is During the intervening years, these disease, ‘‘We’re not going to protect between 1 percent to 3 percent higher promises have been abrogated. Now you.’’ than the equivalent yield on a 1-year trust funds are constrained—they’re ‘‘You may have cancer and you may Treasury bill. Somehow, the drafters of prevented from spending out at the be worried about cancer research, but this bill and of this law managed to get same rate they take in revenues. And we’re not going to protect you.’’ very lucrative interest rates credited that is simply wrong. We have been ‘‘You may be worried about edu- to their account. practicing a grand scheme of deceit cation, but we’re not going to protect What about some of the other work- with the users of highways, airports, you.’’ ings of some of these specific funds? and inland waterways—meaning vir- ‘‘We’re going to protect sand and The airport trust fund, we think it tually everyone. gravel and cement and tar and pitch.’’ pays for aviation. The reality is that And believe me, there has been a What about the 160 other trust funds? over the years, one of the fundamental price paid for this deceit: congestion, The Endeavor Teacher Trust Fund. reasons they have a surplus is that we pollution, and higher costs for goods ‘‘Who cares about the teachers?’’ have used the general revenue fund to and services. The Radiation Exposure Trust Fund. subsidize the operations of FAA. Every Many in this Congress have made ‘‘We don’t care if you’ve been involved study I have seen would indicate that great hay about not burdening future in radiation. Who cares?’’ about 85 percent of operations of the generations with the excesses of cur- The Civil Service Trust Fund. ‘‘Who FAA should be tied or should come rent and past spending practices. I cares about that?’’ And on and on and from the trust fund if they really paid maintain that the Truth in Budgeting on. their accurate share. Maybe 15 percent Act is very much in the same vein. We Look what the experts have said. of it could be credited to defense and have the money to build more capacity Alan Greenspan, what he said about other governmental use of the airways. now, but we’re not spending it, even in this and others will go into detail. Paul In reality, it has been about 50 percent the face of growing highway and air- Volcker, what he said; Herb Stein, of the operations that are paid for from port congestion. And if you project out what he said; Michael Boskins, what he the trust fund. If it would have paid its over the next 7 years the growing bal- said; what all of the people have said. actual share, no surplus would exist. ance in the trust funds should this leg- ‘‘This is not a good idea.’’ islation not be enacted, the backlog of What have some of the groups and b 1215 work will grow tremendously. Do not newspapers said? The Concord Coali- What about in recent years? Since punish future generations even more tion has said, ‘‘Passage of this legisla- 1981 we have spent more than excise than we already have—vote to support tion would severely jeopardize the taxes and interest on the highway trust H.R. 842. chances of balancing the Federal budg- fund. Has that changed in the last cou- Mr. SHADEGG. Mr. Chairman, I yield et.’’ ple of years? No. 1994, 1995, we have 6 minutes to the gentleman from Vir- The National Taxpayers Union has spent more than interest and current ginia [Mr. WOLF]. said, ‘‘Placing these trust funds off- revenues on highways. So this is a fund (Mr. WOLF asked and was given per- budget is nothing less than a ploy to that has not been mistreated. This in- mission to revise and extend his re- increase spending.’’ This Congress volves sort of this wish that somehow marks.) should not be involved in a ploy to in- this pot of free money exists that Mr. WOLF. Mr. Chairman, I rise in crease spending. somehow can be made available and strong opposition to this bill. Before I The Citizens Against Government not impact anyone else. I would hope get into it, I want to pay my respect to Waste says, ‘‘The Truth-in-Budgeting the House would reject that argument the gentleman from Louisiana [Mr. Act sounds great to the public, but it’s and say that these funds are part of the LIVINGSTON], the chairman of the Ap- simply a ruse to increase the $5 trillion overall budget strategy involved in the propriations Committee who has been debt.’’ April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3507 The Americans for Tax Reform is op- Mr. Chairman, I rise in opposition to H.R. general treasury funds provided more than posed to it, the Committee for a Re- 842 and efforts to move transportation trust $12 billion for transportation programs above sponsible Federal Budget, the Citizens funds off-budget. and beyond funds provided from transportation for a Sound Economy. You name it and This issue has certainly engendered exten- trust funds. According to CRS, the general they are opposed to it. The New York sive debate and controversy and even a coali- fund figure does not include Maritime Adminis- Times, the Washington Post, the Wash- tion of special interests and lobbying groups tration, Federal Maritime Commission, U.S. ington Times, the Wall Street Journal, formed to promote taking the trust funds off- Army Corps of Engineers or Department of and you go on and on and they are op- budget using the slogan that we have to ``put Defense spending on transportation programs, posed to this. This is a very bad bill. trust back into the trust fund.'' all of which also tap into the general fund to But for the main reason, for this side, If only we could have directed the enormous pay for transportation projects. I will not talk to this side but for our energy, time, and talent focused on this issue Second, while transportation is vital to the side, we have died and fought for a bal- to address broaderÐand frankly, much more economic well-being of our country, there are anced budget. JOHN KASICH, the Speak- importantÐtransportation issues. I believe the other issues vying for priority status. There are er, the gentleman from Louisiana, Mr. coalition efforts are misdirected. Trust is not at many important programs demanding critical LIVINGSTON, and others have done ev- issue. funding. erything they can for a balanced budg- If only we could have harnessed the zeal A third and possibly most important point: et. If we pass this, we will never have with which many have approached the trust This issue is about reining in the Federal defi- a balanced budget in your life in this fund issue and directed it to what I believe are cit and balancing the budget. Congress has Congress. You will never ever see a bal- greater issues in setting highway and trans- had a very difficult time making the tough anced budget in this Congress. There is portation policy. choices necessary to move toward a balanced no two ways about it. Because you are If only we could debate the highway funding budget. We still have a long way to go to meet not going to have the guts to cut Alz- formulas now in place, which dole out highway our deficit reduction goals, and many more heimer’s, you are not going to want to funds to States using 1980 census figures. tough choices to make. go after Social Security, you are not Why are we relying on decade-and-a-half old How much more difficult will these choices going to want to cut the radiation population figures? If there is unfairness in be if we have to find an additional $30 billion fund, you are not going to want to go highway transportation today, the on-off budg- in cutsÐ$30 billionÐthat's the additional cuts after defense, you are not going to et trust fund issue isn't it. we will have to make if transportation trust want to go after crime, and therefore If only we could debate the whole issue of funds are moved off-budget. If transportation we will never ever have a balanced the Federal gasoline tax which many would spending gets special treatment, we will have budget in our lifetime in this Congress. argue should be turned back to the States to find $30 billion in cuts in discretionary The American people should know which can better determine their individual spending in other parts of the budget. that. This vote today will determine needs, getting Uncle Sam out of the highway Are you prepared to cut Alzheimer's re- whether or not we will ever have a bal- program. search funding? Cancer research? Research anced budget. If only. But we are where we are and today on other life threatening diseases? Veterans' So in closing, let me talk about three we will vote on this issue which has been sim- health care? Head Start? Crime prevention? words and maybe throw in one other mering for over a year. Education? Job training? Environmental pro- word. What are we talking about There are a few facts to keep in mind when tection and cleanup programs? National de- today? We are talking about money. considering this issue: fense? These are the kinds of spending pro- This town knows what money is. Mem- First, while balances may remain in trans- grams that would face cutsÐpotentially signifi- bers know what money is. We are talk- portation trust funds, these funds are already cant cutsÐif transportation spending is treated ing about money. We are also talking obligated. The cash balances in the trust as an entitlement subject to preferential budg- about power. We are talking about funds do not represent unspent gas taxes. etary treatment. power, raw power. And we are talking The highway program is a reimbursable pro- Mr. Chairman, I do not believe Congress or about something that this body says it gramÐlines of credit are provided to State the American people want to subject these does not like but it is sadly addicted to agencies to plan and construct highways. critical programs to even further cuts. Nor do it, and that is pork. And lastly one Then, 3 or 4 years later, the States seek reim- I believe Congress or the American people are other thing we are talking about. We bursements from the trust fund to pay those prepared to accept additional taxes which are talking about fear. I sense there is bills. That's why the cash balances do not rep- would be necessary to pay for increased fear in the body today. I sense in the resent a surplus. These balances are like your transportation spending if offsetting cuts else- hearts of some of the Members that I checking account balance after you have de- where in the Federal budget are not made. have talked to, there is fear. They real- posited your paycheck but before your home Are you prepared to vote ``yes'' for a tax in- ly would rather not be where they are mortgage and car payment checks have crease? but yet there is a sense of fear. cleared the bank. Like your home mortgage When we are concerned about providing Let me just close with a quote from and car payment, commitments have already adequate funding to provide basic health care, Robert Kennedy that has always meant been made against the balances in the trust education programs, protection for our coun- a lot to me. It is from his Capetown fund. In fact, commitments have already been try's natural resources, when we are working speech in 1966 in Capetown, South Afri- made in excess of the current cash balance to provide safe streets and neighborhoods, ca, when he was speaking to the stu- by over $30 billion. In other words, if we were and a sound and secure financial future for dents, and this is what he said. He to stop collecting the gas tax at the end of this ourselves, our children and grandchildren, it is talked about fear and men and women year, the trust fund would have a deficit of not the time to single out transportation and in leadership being timid. I will close over $30 billion. How would we deal with this insulate it from these tough choices. I would with this. I quote from Robert Ken- deficit? I don't think we could. also point out that there are some 160 other nedy, Capetown, 1966. Not only that, highway funding has substan- dedicated trust funds currently part of the uni- He said: tially exceeded trust fund tax receipts. In 12 of fied budget. What if we move all of the trust Few men are willing to brave the dis- the past 15 years, highway trust fund spend- funds off-budget and establish each and every approval of their fellows, the censure of their colleagues, the wrath of their society. Moral ing exceeded tax revenues. That means that one of them as an entitlement subject to pref- courage is a rarer commodity than bravery the amount of money the Government spends erential treatment. What makes these trust in battle or great intelligence. Yet it is the on transportation has exceeded the amount of funds different from the transportation trust one essential, vital quality of those who seek money provided for transportation spending funds? to change a world which yields most pain- from dedicated trust fund taxes. Sand, gravel, asphalt, and concrete. Are fully to change. But the trust fund is not the only source of these more important than the Black Lung I strongly urge the defeat of this so transportation spending. Not only are transpor- trust fund? Are the transportation trust funds a we can validate what the gentleman tation trust funds tapped for roads and higher national priority than the Endeavor from Ohio [Mr. KASICH] and the gen- bridges, the general fund is also being used to Teacher Fellowship trust fund, the Radiation tleman from Minnesota [Mr. SABO] and pay for transportation programs. Exposure Compensation trust fund, the Civil the gentleman from Louisiana [Mr. How much money are we spending on Service Retirement trust fund, the Federal Em- LIVINGSTON] and the gentleman from transportation? According to the Congres- ployees Life Insurance trust fund, or the Rail Wisconsin [Mr. OBEY] have done. sional Research Service, in fiscal year 1995, Industry Pension fund? H3508 CONGRESSIONAL RECORD — HOUSE April 17, 1996 As important as transportation is, we have [M]oving programs off-budget raises the The experts agree that H.R. 842 is bad leg- to balance transportation needs with all the risk that resource tradeoffs would become islation. other programs supported by the working men obscured and could engender cynicism in fi- The chairman of the Ways and Means Com- nancial markets and the public at large and women who are taxpayers. This country, about the commitment and ability of the mittee, the chairman and ranking member of all Americans, are in this together and we Government to control Federal spending. the House Budget Committee, the chairman and ranking member of the House Appropria- have to balance all the priorities and all the Mr. Greenspan's views are echoed by Paul needs of all the people. Volcker, former Chairman of the Board of tions Committee, and others oppose this legis- Another point: H.R. 842 will erode the Governors of the Federal Reserve System, lation. checks and balances between the authorizing Citizens for a Sound Economy, Concord Co- who states: committees and the tax and appropriations alition, Heritage Foundation, National Tax- [T]he present practice of including the committees. This bill will provide one commit- transportation trust funds in the unified payers' Union, Taxpayers for Common Sense, tee with extraordinary ability to obligate U.S. budget should be continued. I am reinforced Citizens Against Government Waste, and taxpayers to long-term spending commitments. in that conclusion by the fact that nothing Committee for a Responsible Federal Budget As Members know, there is constant pressure in the unified budget prevents the Congress are among the taxpayer watchdogs groups op- from the legislative committees to spend more and the administration from reaching a deci- posing H.R. 842. and more money on their particular programs. sion to maintain highway spending (or any The Wall Street Journal, Washington, Post, This makes sense but there must be built-in other spending) at a particular level it deems New York Times, and the Journal of Com- a priority matter. Trust fund accounting controls in the budget process to counteract within the unified budget may * * * be help- merce oppose H.R. 842. this natural advocacy. ful in reaching that decision. Mr. Chairman, when such diverse interests Despite what the bill's proponents say, H.R. agree, it's surely time to take note. Herbert Stein, senior fellow at the American 842 will obviate the need for action by the Ap- H.R. 842 will make balancing the budget Enterprise Institute for Public Policy Research propriations Committee and will eliminate an- nearly impossible. Every fiscal conservative in and previously a member of the Presidential nual controls in the budget process to set pri- the CongressÐincluding those Members who Council of Economic Advisors, also opposes signed onto the bill before knowing its full ef- orities. Make no mistake about it. By moving moving trust funds off-budget, noting: transportation trust funds off-budget, H.R. 842 fect on spendingÐshould look carefully at I would not favor moving the trust funds virtually eliminates the checks and balances off the budget. We want to have a com- what CBO, GAO, OMB, taxpayer watchdog that the congressional committee structure prehensive measure of the Federal Govern- groups and a unanimous chorus of econo- now provides for transportation and the other ment’s fiscal activities. mists say about H.R. 842. Federal spending programs. One thought from Michael Boskin, currently H.R. 842 is a bad bill. It files in the face of Proponents of H.R. 842 say that not a a professor and senior fellow at the Hoover In- fiscal responsibility and budgetary restraint. It penny will be spent without the approval of the stitution, Stanford University, and previously a represents unsound public policy. It represents Appropriations Committee. That sounds good, member of the Presidential Council of Eco- unfair attempts to bestow a preferential status but in reality, this is false. If H.R. 842 does not nomic Advisors. He said: upon one type of government spending at the change the role of the Appropriations Commit- I believe it is likely that moving one popu- expense of every other type of discretionary tee, why are we going through this debate? lar spending program primarily financed by spending. It will either doom efforts to balance There has been a lot of rhetoric on both earmarked revenues off-budget would lead to the Federal budget or it will force all other pro- sides of this issue, so to get an objective view, a stampede first of other trust funds off- grams not granted sacrosanct status to absorb I wrote to several dozen experts on the Fed- budget and then all other spending programs still more cuts to keep us on track to balance eral budgetary process and transportation seeking to be funded with earmarked reve- the budget. H.R. 842 would set transportation spending and asked their opinions on the sta- nue sources. This would quickly render sen- spending above all other types of domestic tus of transportation funds. I contacted econo- sible tax and budget policy impossible. spendingÐabove crime prevention, Head mists, transportation, Government, and public Mr. Chairman, let me share jsut two more. Start, veterans' medical care, education, and policy analysts; professors; current and former G. William Miller endorses: environmental programs. officials of the General Accounting Office, I do not believe a case has been made for This Congress came to Washington to bal- Congressional Budget Office, and Office of excluding the transportation trust funds. ance the budget, to clear the budget debate of Management and Budget; current and former From my experience as Secretary of the Treasury and Chairman of the Board of Gov- smoke and mirrors. Today's vote on H.R. 842 members of the Federal Reserve Board; and ernors of the Federal Reserve System, I isn't a fight about trust funds or promises. It current and former members of the President's would strongly recommend that you retain isn't a fight between authorizing and appro- Council of Economic Advisors. the present treatment of the transportation priating committees. It is a vote over priorities. The response has been clear and unequivo- trust funds so that there is no opportunity It is a vote to test our resolve, to see if we as cal: These expertsÐrepresenting the entire for losing accountability or setting prece- Republicans and Democrats are serious about spectrum of social, economic, budgetary, and dents for further off-balance sheet struc- balancing the budget. transportation thinking and representing both tures. If you are serious about cutting spending, Republican and Democratic administrations The Congressional Budget Office opposes vote ``no.'' alikeÐsay keep the transportation trust funds moving transportation trust funds off-budget, If you are serious about balancing the budg- as part of the unified budget. Do not make the too. According to James L. Blum, deputy di- et, vote ``no.'' changes we are talking about today. rector of CBO: Enactment of H.R. 842 would break faith Mr. Chairman, I brought with me copies of [T]he Federal budget should be comprehen- with sound economic policy and would cede these experts' views and ask that they be sub- sive. Setting selected programs aside, and control over the Federal budget and transpor- mitted for the record. Their viewsÐand their looking at only the remainder, can distort tation spending to special interests. H.R. 842 unanimityÐleave little doubt. Moving transpor- budget decisionmaking. Giving the transpor- should be defeated. tation trust funds off-budget does not rep- tation trust funds a favored footing shifts the onus of deficit reduction to other pro- The choice is clearÐvote ``no'' on H.R. 842. JOHNS HOPKINS UNIVERSITY, resent sound fiscal policy or budgetary treat- grams that lack this protected status. Sound INSTITUTE FOR POLICY STUDIES, ment. decisionmaking, in contrast, demands that I'd like to share a few thoughts from these spending and revenue proposals be evaluated Baltimore, MD, September 21, 1995. Hon. FRANK WOLF, experts. on their merits and not on their budgetary Alan Greenspan, Chairman of the Board of status. Chairman, Appropriations Subcommittee on Governors of the Federal Reserve System, Transportation, House of Representatives, I think these experts express the critical is- Washington, DC. warns: sues best. A unified budgetÐwhich includes DEAR CONGRESSMAN WOLF: I am writing in [M]oving some spending categories off- transportation trust fundsÐis essential to response to your letter of August 23, 1995 to budget would lead to fragmentation of the maintaining accountability and control over the express my opposition to moving transpor- budgeting process and would detract from tation trust funds off-budget. Thus, I would the unified budget as an indicator of the Federal budget and Government spending. Moreover, a unified budget is necessary to not support Congressman Shuster’s legisla- Government’s fiscal operations and hence of tion which would move four transportation the impact of the U.S. budget on credit mar- allow Congress to make the difficult decisions trust funds off-budget. I think this would set kets and the economy. Moreover, it would on our budget in the fairest possible way. Cre- a dangerous precedent which would have se- weaken the ability of the Congress to ating another entitlement that is off the table is rious long-term implications for the nation’s prioritize and control spending effectively. not fair. Nor is it the way to get a balanced fiscal health as other user fee supported ac- Mr. Greenspan concludes that: budget. tivities rush to be moved off-budget. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3509 I would like to respond directly to the investment in diverse transportation modes however, special rules that govern consider- three main points raised in your letter. will yield greater productivity and long-term ation of such legislation in the House and First, I agree with those opposed to moving economic strength. Restructuring the federal the Senate. In addition, discretionary Social the transportation trust funds off-budget budget process by moving transportation Security administrative costs are subject to that a unified budget is essential to main- trust funds off-budget, however, is neither the statutory caps that limit total discre- taining accountability and control over the necessary, appropriate nor desirable. tionary spending (and to any sequestration federal budget and government’s claim on Sincerely, that would be triggered if the caps are ex- private resources. The unified federal budget ICHAEL BELL, M ceeded) and to the allocations of discre- has received bipartisan support since 1969. It Principal Research Scientist. describes the aggregate economic activity tionary spending that enforce spending deci- sions set forth in the annual Congressional and health of the federal government. Re- U.S. CONGRESS, ceipts and expenditures are detailed in one CONGRESSIONAL BUDGET OFFICE, budget resolution. Despite its official off- comprehensive package, providing decision Washington, DC, January 26, 1996. budget status, the Medicare hospital insur- makers and citizens valuable information on Hon. FRANK R. WOLF, ance trust fund is not afforded any special the government’s activity and claim on na- House of Representatives, Washington, DC. treatment under either the Budget Act or tional income. Fragmenting the budget pres- DEAR CONGRESSMAN: This letter is in re- the Balanced Budget Act (there is a limit on entation only obfuscates the federal role in sponse to your request for additional com- the sequestration percentage that would the economy and is totally inconsistent with ments as to whether the transportation trust apply to Medicare, but there are similar lim- efforts to reinvent government and improve funds should remain part of the unified budg- its or exemptions for many on-budget pro- its legitimacy with voters and citizens. et. My views are fully expressed in my pre- grams). Second, the fact that these trust funds are vious letter, dated September 28, 1995, and I financed from user fees is totally irrelevant have nothing to add at this time. I assume the proponents of a proposal to to whether they should be moved off-budget. I will simply reaffirm the main point stat- move the transportation trust funds off- User fees are not synonymous with ear- ed in that letter: the federal budget should budget view the funds as self-financing enti- marked funds. User fees are proxies for be comprehensive. Setting selected programs ties that should be subject only to internal prices which are necessary to provide suppli- aside—that is, taking them ‘‘off-budget’’— financing constraints. Under the existing ers of a service with information about the can distort budget decisionmaking. For ex- budgetary rules, the receipts going into the demand for specific services. Unfortunately, ample, giving the transportation trust funds trust funds and the spending from the trust however, in the case of the transportation a favored footing shifts the onus of deficit re- funds are controlled by separate budgetary trust funds, user fees are generally poor duction to other programs that lack this procedures. All outlays from the trust funds price proxies because they do not accurately protected status. In contrast, sound decision- are counted as discretionary spending con- reflect the total cost of providing transpor- making demands that spending and revenue trolled by the caps set by the Balanced Budg- tation services. In any event, you obtain the proposals be evaluated on their merits and et Act and the allocations made pursuant to rationing affect of prices, irrespective of de- not on their budgetary status. the annual budget resolution, while changes cisions about how to allocate the revenues I have attached a copy of my earlier letter, generated from those user fees. From an eco- which contains a more complete discussion to governmental receipts are subject to the nomic efficiency perspective, the two are not of the possible consequences of designating separate pay-as-you-go mechanism and the linked. certain programs as off-budget. I hope this revenue floor set by the budget resolution. In addition, earmarking of revenues is gen- information is helpful to you. Under these procedures, legislated increases erally not a desirable budgetary practice be- Sincerely, in trust fund receipts cannot be used to off- cause it limits policy makers flexibility to JAMES L. BLUM, set increased spending. Giving the transpor- respond to changing circumstances and pri- Deputy Director. tation trust funds off-budget status might orities. Attachment. allow such offsets. Furthermore, if trust Third, it is not clear how much more U.S. CONGRESS, fund spending were exempt from the caps spending that nation needs on individual CONGRESSIONAL BUDGET OFFICE, that apply to other discretionary spending, transportation modes. The demand for trans- Washington, DC, September 28, 1995. the Congress could approve additional spend- portation services is a derived demand which Hon. FRANK R. WOLF, ing without providing offsets—presumably as depends on demographic, economic and House of Representatives, long as there were adequate balances in the international trends beyond the control of Washington, DC. first funds. This might create a closer long- policy makers in the U.S. Policy makers DEAR CONGRESSMAN: This is in response to term match between the income to the trust need to understand those trends and the im- your letter of September 20, 1995, asking for funds and the spending from the funds, which plications they have for the demand for my views on whether the federal transpor- transportation services in the U.S. The lim- tation trust funds should remain a part of some would view as a more equitable out- ited resources available for transportation the unified budget. come. purposes should then be allocated in a man- In short, I believe that the federal budget The arguments against giving these pro- ner which addresses the nation’s transpor- should be comprehensive. Setting selected grams off-budget status involve a different tation needs as influenced by those trends. programs aside, and looking at only the re- view of federal trust funds. Under this view, This may or may not be consistent with a mainder, can distort budget decisionmaking. which is held by the Congressional Budget policy of earmarking specific user fees for Giving the transportation trust funds a fa- Office, the transportation trust funds are expenditures on the individual transpor- vored footing shifts the onus of deficit reduc- simply an accounting mechanism, and spend- tion to other programs that lack this pro- tation mode that generated those revenues. ing on programs financed by trust funds In an era of serious budget constraints at tected status. Sound decisionmaking, in con- should not be given a special status. Tax- all levels of government, it is critical that trast, demands that spending and revenue payers’ dollars are most effectively used if policy makers have the flexibility necessary proposals be evaluated on their merits and to respond to the changing transportation not on their budgetary status. decisions about spending for transportation needs of the country. Thus, Congress may The extent to which taking the transpor- and other programs are made on the basis of want to investigate new ways of applying tation trust funds off-budget would distort the relative benefits to be derived, not on the transportation trust fund revenues to meet budget decisionmaking depends on what basis of available earmarked revenues. For these changing needs. For example, the na- budgetary procedures and controls would example, the Congress might decide that tion’s transit needs have changed consider- apply to them under their new status. This is more money should be spent on certain ably since 1956 when the Highway Trust not at all clear. For example, each of the transportation activities than is generated Fund was initiated. Perhaps it is time for three entities currently designated as off- by the earmarked revenues—as it already the federal government to consider a single budget—the Postal Service, Social Security, does in the case of Federal Aviation Admin- transportation trust fund, with resources and Medicare hospital insurance—is treated istration operations. At the same time, deci- pooled from various user fees, so that funds differently under the rules and procedures of sions about taxes should take into account could be distributed to meet America’s di- the Congressional Budget Act of 1974 (the factors beyond the level of spending on high- verse transportation needs in a more effi- Budget Act) and the Balanced Budget and ways or other transportation programs. In cient manner. This is the approach taken by Emergency Deficit Control Act of 1985 (the 1990 and 1993, for example, the Congress in- the Maryland State Department of Transpor- Balanced Budget Act). The Postal Service is creased fuel tax rates for deficit reduction exempt from both of these acts, although tation and it is consistent with the increased purposes, placing part of the additional reve- federal payments to the Postal Service or flexibility and selectivity in the Intermodal nues into the general fund of the Treasury. Surface Transportation and Efficiency Act. payments from the Postal Service to the fed- Fuel taxes could also be considered a way of Maybe the federal government has more to eral government are subject to both sets of charging users for polluting the air. learn in this area from the experimentation rules. Legislation affecting Social Security taking place in the states. benefits or revenues is not subject to the I hope this analysis is helpful to you. It is entirely appropriate in my view to pay-as-you-go procedures of the Balanced Sincerely, rethink the model of transportation finance Budget Act or to the Budget Act constraints JAMES L. BLUM, developed over the past fifty years. Proper that apply to other programs. There are, Deputy Director, H3510 CONGRESSIONAL RECORD — HOUSE April 17, 1996

STANFORD UNIVERSITY, the federal transportation trust funds, par- with further information and arguments if Stanford, CA, October 6, 1995. ticularly the highway trust fund, should be you so desire. Hon. FRANK R. WOLF, taken ‘‘off-budget.’’ Sincerely yours, Chairman, Transportation Subcommittee, Com- I must say that I agree with both James R. JAMES A. DUNN, Jr., mittee on Appropriations, U.S. House of Miller and Alice Rivlen in strongly opposing Associate Professor. Representatives, Washington, DC. the removal of the trust funds from the uni- DEAR FRANK: This note responds to your fied federal budget. NATIONAL CENTER FOR request for my suggestions concerning As a political scientist specializing in POLICY ANALYSIS, whether the federal transportation trust transportation policy, I have been research- Dallas, TX, October 6, 1995. fund should remain a part of the unified ing and writing about the issue of the trust Hon. FRANK R. WOLF, budget. I strongly oppose moving the trans- fund approach to highway and transpor- U.S. House of Representatives, portation trust fund off-budget. tation funding for fifteen years. Taking the Washington, DC. Many would argue that transportation trust funds off budget represents just the lat- DEAR FRANK: Thanks for your kind letter trust funds collected from transportation est in a long line of unjustified claims for of September 26th. ‘‘user fees’’ should be used only for transpor- I don’t know that my advice is technical special treatment for one particular type of tation spending and should be removed from enough to be included as part of your record, revenue and expenditure. It reflects, not the unified budget to ensure that occurs. I but I would say this: good government or good public finance, but believe it is likely that moving one popular In eight years as Governor, I fought very the political strength of special interests, spending program primarily financed by ear- hard to keep all funds on budget and avoid mainly the highway lobby. marked revenues off-budget would lead to a setting up the many little pockets of privi- stampede first of other trust funds off-budget The federal highway trust fund (and its lege that separate budget items create for and then all other spending programs seek- state level cousins) has always been a bit of various interests. Once you have your own ing to be funded with ear-marked revenue a fraud, designed to convince the public that source of funds, you are not nearly as ac- sources. This would quickly render sensible their modest pennies per gallon highway countable to the Congress, nor is the Con- tax and budget policy impossible. taxes were paying all the costs of the road gress able to properly supervise the expendi- I strongly side with those who, in this in- system. Overwhelming evidence has accumu- tures of the country. stance, support a unified budget as a (how- lated that this is not the case, and that at The best way to handle finances is to have ever imperfect) vehicle for maintaining ac- least forty percent of total highway con- all the money come into a single place and countability and control, as you put it in struction, maintenance, and operations costs then be appropriated out again through Con- your cover note. I also believe that it is de- are subsidized by the general taxpayers. gressional action. The transportation trust sirable to have everything the Government The other unjustified contention is that it fund is one example, but there are legions of does reflected in one place, as the unified would be a ‘‘breech of contract’’ to ‘‘divert’’ others in Washington, as you well know. budget imperfectly attempts to do. This is motor fuel tax revenues to non-highway I think that keeping funds on budget is the the only way one can begin to hope that a uses. This claim for special privilege for better choice to make. sensible discussion of the trade-offs among ‘‘highway user fees’’ has caused no end of Sincerely, budget priorities can occur. mischief. The United States still has a long PETE DU PONT. I might add that while I am sure it is up- way to go before it reaches the point of being setting that not all of the transportation able to compare and evaluate investments of THE UNIVERSITY OF IOWA, trust funds are currently being applied to scarce public moneys across modes and be- September 6, 1995. transportation outlays, it is my understand- tween transportation and other uses that our The Honorable FRANK WOLF, ing of the history over the last twenty years major trading partners attained decades ago. Chairman, Subcommittee on Transportation, that highway account outlays have substan- In my book, ‘‘Miles To Go; European and Committee on Appropriations, tially exceeded trust fund tax receipts. American Transportation Policies’’ (MIT House of Representatives, Washington, DC. More generally, CBO estimates that if one Press), I recount how the British finally put DEAR MR. CHAIRMAN: In response to your were to take all activities which have some paid to the notion that motor taxes deserved request, I am writing to offer my thoughts trust fund financing and ask the question special treatment. When Winston Churchill on the issue of moving the Highway Trust ‘‘what is the net effect on the deficit of the was Chancellor of the Exchequer (Treasury Fund off budget. As you are very well aware, revenues and outlays on those programs,’’ Minister) in 1926–27, he began to take money there are reasonably compelling arguments the answer, perhaps surprisingly, is that gen- from the Road Fund that Lloyd George had for and against doing so. I will briefly assess eral fund revenues fund major portions of ac- created in 1909 with a parliamentary promise these arguments and provide my conclu- tivities that are partially and/or heavily fi- to spend the proceeds from taxes on cars and sions. nanced by trust fund revenues. Thus, from petrol on roads. When motorists groups such In principle, the efficacy of a separate, off- another perspective the general treasury is as the Royal Automobile Club accused budget Highway Trust Fund is largely based ‘‘subsidizing’’ overall trust fund activity. Churchill of ‘‘raiding’’ the road Fund like a on two points: Whether one should view the glass as half- pirate, he thundered back: In its pure form, the so-called pay-as-you- go concept means that users of the Nation’s empty or half-full I leave aside. My point ‘‘Whoever said that motorists were to con- highway system should defray its entire here is only that it would be unwise to open tribute nothing for all time to the general cost, and they should be assured that their a Pandora’s box by moving transportation revenue of the country. . .? Entertainments user fees will go to providing the services for trust funds off-budget. may be taxed; public houses may be taxed; While there are many problems with the which they are paying. racehorses may be taxed; possession of armo- existing unified budget—by far the most im- Moving the Highway Trust Fund off budget rial bearings and manservants may be portant of which is the lack of serious ac- helps moderate the illusion that the Nation’s taxed—and the yield devoted to the general crual accounting—I believe that despite the deficit is less than actually is the case, if the revenue. But motorists are to be privileged concerns of people paying the user fees (we Trust Fund’s receipts exceed expenditures in for all time to have the whole yield of the in California, myself included, drive a lot a given year. The GAO report you sent sug- tax on motors devoted to roads. Obviously and thus pay lots of federal gasoline taxes), gests that this ‘‘masking’’ does occur in this is all nonsense. Whoever said that, or those wishing to spend additional re- some years but not that many. whatever the yield of these taxes, and what- sources on transportation, the transpor- The main reasons for keeping the Highway ever the poverty of the country, we were to tation trust fund should remain part of the Trust Fund and other trust funds part of the build roads, and nothing but roads, from this unified budget. It would risk a serious ac- unified budget are: yield? We might have to cripple our Trade by countability and control problem if Congress It helps enable revenue generated from all increased taxation of income; we might even opens a Pandora’s box of trust fund escape sources to be allocated among the activities be unable to pay for the upkeep of our Fleet. from budgetary discipline. of government. Trade-offs among competing I hope these remarks are useful to you as But never mind, whatever happens, the programs can be treated more explicity as you debate this and related issues. Best per- whole yield of the taxes on motors must be the Nation’s priorities are explored. sonal wishes. spent on roads . . . Such contentions are ab- The overall magnitude of government Cordially, surd, and constitute at once an outrage upon spending, and hence the draw away from the the sovereignty of Parliament and upon com- MICHAEL J. BOSKIN. private sector, can be more readily com- mon sense.’’ prehended by decision makers and citizens RUTGERS, It would be nice to see an American politi- alike. This, of course, facilitates debate on Camden, NJ, September 5, 1995. cian rise to his ‘‘finest hour’’ with this kind the appropriate scale of government activ- Hon. FRANK R. WOLF, of challenge to entrenched interests. ity. Chairman, Subcommittee on Transportation, In recent years the trend has been to move Conceptually, fees paid by users of the Na- Committee on Appropriations, U.S. House of away from the inflexibility and the special tion’s highways can be thought of as just an- Representative, Washington, DC. treatment of rigid single mode trust funds. other revenue source. As you probably know, DEAR CONGRESSMAN WOLF: In response to Granting off budget status would be a step in Great Britain less than half of the high- your letter of August 23, I am happy to send backward. I strongly urge you to resist this way user fees actually are spent on the high- this answer to your question about whether effort, and I would be happy to provide you way system. There is not theoretical reason April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3511 why highway user revenue or any other user BOARD OF GOVERNORS, BIRMINGHAM-SOUTHERN COLLEGE, revenue must be spent on the activity from FEDERAL RESERVE SYSTEM, Birmingham, AL, October 16, 1995. which it is drawn. This point is significant Washington, DC, October 31, 1995. Hon. FRANK WOLF, because, as Alice Rivlin says, trust fund rev- The Hon. FRANK WOLF, Chairman, Subcommittee on Transportation, enue accounts for about one-third of the Chairman, Subcommittee on Transportation, Committee on Appropriations, Washington, total. Committee on Appropriations, Washington, DC. DC. DEAR CHAIRMAN WOLF: In my personal Whether or not to move the Highway Trust DEAR MR. CHAIRMAN: On behalf of myself opinion, the proposal to move the transpor- Fund off budget is in the end a political deci- and the other members of the Board, I am tation trust funds off-budget, as provided for sion that unfortunately cannot be guided pleased to respond to your letter of Septem- in H.R. 842 would not be in the public inter- much by economic theory. It seems to me ber 26 requesting comment on proposals to est. Here is why I think so. that the key points surrounding this deci- move the transportation trust funds off- Every effort should be made to enable in- sion are: budget. As a general matter, it has been the terested and informed citizens to readily see Treating the Highway Trust Fund as a sep- practice of the Board not to take positions and understand the extent and cost of the arate account would enable a stable level of on the details of the individual tax and federal government’s involvement in the af- well-defined resources to be available for re- spending issues that are before the Congress. fairs of the country. The task is already investment in the Nation’s highway system However, the shifting of certain spending most difficult, if not impossible. Taking this (and in ground transportation more gen- categories off-budget raises some broader well known and proper function of interstate transportation and removing it from budget erally). According to the Congressional concerns, with implications for discipline totals makes an overall view even more dif- Budget Office, the backlog of highway sys- and control over federal outlays. Notably, ficult. tem resurfacing, restoration, rehabilitation, moving some spending categories off-budget would lead to fragmentation of the budget- Our present practice of contingent credit and reconstruction (4R) needs has grown to a ing process and would detract from the uni- enhancement by various federal programs level such that an annual reinvestment of fied budget as an indicator of the govern- has exposed the government to enormous over $27 billion would be required to elimi- ment’s fiscal operations and hence of the im- possible future costs with little control of nate this backlog. Oftentimes, 4R projects pact of the U.S. budget on credit markets the risks. The recent debacle of the savings lack the political appeal of new of new con- and the economy. Moreover, it could weaken and loan industry and the costs of funding struction, but reductions in the highway sys- the ability of the Congress to prioritize and the Resolution Trust Corporation is a too tem performance will pose an increasing control spending effectively. vivid example. No one knows where the next threat to the Nation’s economy. As the letters from OMB Director Rivlin such problem may arise. Nor can the Con- If the political will exists, the same or and former-OMB Director Miller make clear, gress or the public measure the benefits of even a greater level of expenditures on trans- responsible budgeting requires a comprehen- such programs with their possible costs. portation infrastructure is possible through sive framework for setting priorities and as- Our repeated practice of regulating the use a unified budget. As noted earlier and in the sessing competing claims on national re- of private resources so as to meet public or GAO document you sent, in recent years sources. The unified budget, as commonly even political goals continues to hide or dis- more has been spent for this purpose than presented to include the social security trust guise an enormous indirect tax borne by ev- has been paid by highway users (drawing funds, combines all fiscal transactions in one eryone. Moreover we have no way in which to measure either the costs or the benefits of down the Trust Fund’s balance). I do not place. It thus helps policymakers and the this form of indirect taxation. But we all have a good sense of how likely Congress is public understand the trade-offs among gov- know the real costs are there. to make transportation infrastructure a rel- ernment programs, and between public and When one looks at the extent of present atively high priority in its budgeting process private spending. Moreover, as the focal obscure and indirect federal involvement, I during the coming years. Simply stated, a point of the budget process, it places individ- ual programs on a more comparable footing think we will be better served to keep all unified budget poses an opportunity and pos- possible programs on-budget and highly visi- sibly a risk to transportation. Past indica- as they compete for federal funding and thus helps the President and the Congress to re- ble. The present earmarking of highway tions are that this risk is normal, other than solve competing demands on the nation’s re- funds is not a reason to remove them from the deficit-reduction draw on the motor fuel sources. Moving programs off-budget raises the unified budget. tax of recent years. the risk that resource trade-offs would be- Sincerely, The wisdom of using Highway Trust Fund come obscured and could engender cynicism PHILIP C. JACKSON, Jr., resources for non-transportation purposes is in financial markets and the public at large Adjunct Professor. in part dependent on the desirability of about the commitment and ability of the motor fuel and use taxes as revenue-generat- government to control federal spending. HARVARD UNIVERSITY, JOHN F. KEN- ing mechanisms. Neither is seriously regres- We hope these comments are helpful in NEDY SCHOOL OF GOVERNMENT, sive, the administrative costs associated your deliberations. Cambridge, MA, September 8, 1995. with them are nominal, and the fuel tax is Sincerely, Congressman FRANK WOLF, comparatively invisible. To the extent that ALAN GREENSPAN. Cannon Office Building, it is visible, the fuel tax contributes to fuel Washington, DC. DEAR CONGRESSMAN WOLF: In response to conservation. If fuel taxes were raised sig- HARVARD UNIVERSITY, your letter of August 23, 1995 requesting my nificantly, marginal changes in industrial lo- Cambridge, MA, October 2, 1995. thoughts about the debate over the fate of cation and choice of transportation mode The Hon. FRANK R. WOLF, transportation trust funds, I offer the follow- could occur. Chairman, Subcommittee on Transportation, ing comments: House of Representatives, Washington, DC. Using the argument of transportation in- The Need for a Unified Budget: I tend to vestment as a means for strengthening the DEAR CONGRESSMAN WOLF: Thank you for agree with analyses offered by OMB, GAO, Nation’s economic competitiveness is a dou- your letter of September 26 on the treatment and former OMB Director James Miller. ble-edged sword. If individual projects or at of transportation trust funds in the budg- Sound budgeting principals require a unified least clusters of projects are selected on the etary process. I entirely agree with Alice budget particularly in an era when deficit re- basis of benefits to society exceeding costs, Rivlin and James Miller that these trust duction is clearly the primary challenge fac- transportation investment can indeed funds should be considered as part of the uni- ing the Congress and the executive branch. fied budget. In fact, I cannot see the case for strengthen competitiveness. But if projects In this vein, I am particularly struck by having a separate status for these trust are selected as demonstration projects and GAO’s assessment that efforts to take the funds nor for a policy of keeping them in bal- on other non-scientific bases, then the funds trust funds off budget are driven primarily ance over time. spent on transportation are much less cer- by ‘‘fear of future budget constraints not ac- Perhaps I may add that the heavy empha- tain to foster long-term growth. In my opin- tual past restrictions on spending.’’ As Con- sis on gasoline taxes for the financing of ion, the process of determining how avail- gress and the executive branch make the dif- highways is misplaced in my view. In many able Highway Trust Fund resources should ficult decisions required to balance the budg- cases, especially for major rural roads, tolls be spent is more important an issue than et, all sources of spending and revenue are a more appropriate user fee. I also fail to should be on the table. whether or not to move the Trust Fund off understand why gasoline taxes could not be Meeting Investment Needs: Moving transpor- budget. raised above the level used for highway con- tation trust funds off budget might increase Thank you for asking me to comment on struction and related expenditures. short-term spending on transportation. How- this important policy issue. If I can be of any Finally, I have long felt that the federal ever, it is not at all clear that such spending further assistance, please feel free to contact government plays too large a role in trans- would be in the national interest. To begin me. portation. The primary responsibility should with, there is little credible evidence that Sincerely, be left with the states. the nation is underinvesting in transpor- DAVID J. FORKENBROCK, Yours sincerely, tation infrastructure. Rather, most available Professor and Director. HENDRIK S. HOUTHAKKER. evidence suggests that by picking up the H3512 CONGRESSIONAL RECORD — HOUSE April 17, 1996 bulk of the cost of many projects, the cur- ation bill to improve the economic effect of the deficit. The proponents of moving the rent system encourages inefficient decision- the Government on the economy. transportation trust fund off budget hope to making at the state and local level and that Sincerely, be able to justify greater spending on trans- redesigning current programs would provide SHERMAN J. MAISEL, portation as a consequence. Unless offset more than enough money to meet current Former Governor of the elsewhere, this would boost both government needs. (See, for example, work by both Ed- Federal Reserve System. spending and increase the size of the deficit. ward Gramlich, Jack Tatorn, George Peter- I understand that proponents of moving son, or Clifford Winston). G. WILLIAM MILLER & CO., INC., the trust fund off budget view the gas tax as a users’ fee that pays for transportation in- If taking Washington, DC, October 18, 1995. Encouraging Poor Decisionmaking: frastructure. Although not an unreasonable transportation trust funds off-budget in- Re Transportation Trust Fund. argument, it ignores the major issues, the creases available federal funds, then prob- Hon. FRANK R. WOLF, size of government and the budget deficit. It lems in the current system are likely to House of Representatives, is the Congress’s responsibility to determine worsen. There would, for example, be more Cannon Building, Washington, DC. the size of the government, a matter which demonstration projects. Moreover, moving DEAR FRANK: Many thanks for your letter should not be subject to the vagaries of the transportation trust funds off budget could of October 13 inviting me to express my gasoline tax. Congress should also set prior- exacerbate tensions between so-called donor views on the proposal for moving the trans- ities for the spending of taxpayers’ funds, no and recipient states. While both demonstra- portation trust funds out of the unified budg- matter what their source. tion projects and funding disparities have et. A surplus in the trust fund can provide a The introduction of the unified budget some grounding in legitimate questions of useful counter to some who would like to came about after careful bipartisan study public policy and in the logrolling necessary boost taxes on the transportation industries, and support. Any decision to depart from or to keep the legislative process moving, dif- ostensibly for environmental purposes. Since modify the system should be approached ficult fiscal times demand that Congress ex- environmentalists often contend that the with great caution, and an exclusion of any ercise more, not less, control over such ac- auto is being subsidized, the surplus in the trust fund from the unified budget should be tivities. trust fund helps offset that argument. They done only if there is overwhelming dem- Recovering All Costs: If, for political rea- sometimes contend that motor vehicles have onstration that this would better serve the sons, trust funds are moved off-budget, Con- externalities that imply larger costs for soci- nation’s budgetary process. I do not believe a gress and the executive branch should seri- ety than are included in the normal outlays case has been made for excluding the trans- ously consider expanding the scope of pro- on highways. To the extent that this is true, portation trust funds. From my experience grams funded by those programs. At mini- running a surplus in the trust fund may in as Secretary of the Treasury and Chairman mum this suggests that some transit aid now part counterbalance that externality. of the Board of Governors of the Federal Re- provided from the general fund ought to be Sincerely yours, serve System, I would strongly recommend shifted to the Highway Trust Fund’s Transit THOMAS GALE MOORE. that you retain the present treatment of the Account. More broadly, many (but not all) transportation trust funds so that there is no economists argue that when all externalities BROWN UNIVERSITY, opportunity for losing accountability or set- (such as policing, damage from air pollution, Providence, RI, September 29, 1995. ting precedents for further off-balance sheet and costs created by accidents) are factored Hon. Frank R. Wolf, structures. in, highway user fees do not cover the full Chairman, Subcommittee on Transportation, You have received persuasive analyses costs created by highway users. This sug- Committee on Appropriations, House of Rep- from the General Accounting Office and from gests that shifting trust funds off budget resentatives, Washington, DC. present and former heads of OMB. I will not might be combined with an expansion of ac- DEAR CONGRESSMAN WOLF: I am writing in go over the ground again, but do concur in tivities funded by those programs. response to your letter of 26 September 1995 the recommendations you received. I will inviting my views on whether federal trans- Seizing the Opportunity: The current budget point out, however, that the two points made portation trust funds should be taken off fights offer policymakers such as yourself a by GAO-namely, masking and need for cap- budget. rare opportunity to rethink the fundamental ital budgeting—can be solved in ways other In analyzing most economic issues relating design of all federal programs. Moving the than excluding trust funds from the unified to the federal budget, economists ignore the trust funds off budget would merely continue budget. It would certainly be possible to distinction between on-budget and off-budget (and likely exacerbate) many well-recognized present the unified budget on a fund account revenues and expenditures. That is, econo- problems with the current federal-aid system basis, so there would be transparency for all mists work with total revenues and total and make it even harder to accomplish Con- trust funds. It is also feasible to divide the outlays, often using the definitions in the gress’ overarching goal of balancing the present cash budget into a system of operat- national income and product accounts. Con- budget in seven years. It is, therefore, a step ing expenses and capital expenditures. These gressional decisions to remove certain ac- that should not be taken lightly and, if it is changes do not require removing any of the tivities from the unified budget will have lit- taken at all, one that should be linked to trust funds from the budget. tle or no effect on economists’ analysis of key structural reforms. Your leadership can be very helpful in fiscal policy issues. I hope these comments are useful. maintaining a strong system of budget ac- There is much to recommend the practice Sincerely, countability. of financing certain activities that benefit DAVID LUBEROFF, Best wishes. particular individuals and/or firms with Assistant Director. Sincerely, taxes and fees on those particular activities. BILL. The ‘‘user-pays’’ principle often promotes ef- ficiency and equity; segregated accounts pro- SHERMAN J. MAISEL ASSOCIATES, PALO ALTO, CA, mote matching particular revenues with par- San Francisco, CA, October 20, 1995. October 1, 1995. ticular outlays. There is no necessary con- Hon. FRANK R. WOLF, Hon. FRANK R. WOLF, nection, however, between this principle and Chairman, Subcommittee on Transportation, Chairman, Subcommittee on Transportation, the overall accounting for federal outlays Committee on Appropriations, House of Rep- Committee on Appropriations, House of Rep- and revenues. No matter what the budget resentatives, Washington, DC. resentatives. concepts, at the end of the day Congress will DEAR MR. CHAIRMAN: I am writing in re- DEAR MR. CHAIRMAN: In a letter of Septem- require an overall accounting to total reve- sponse to your letter of October 13, 1995, re- ber 26, you requested my views on whether nues and total outlays, whether by including questing my views on the issue of moving the transportation trust fund should remain everything in ‘‘the’’ budget or by adding to- the transportation trust funds off-budget. a part of the unified budget. I agree with Jim gether on-budget and off-budget activities. I believe that it is important that we re- Miller and Alice Rivlin that it should. What the off-budget issue is really about is tain a unified budget that includes all trust As most economists would agree, the over- a policy debate on how to finance a particu- funds. A key concept of the Federal budget is all budget allocates the amount of resources lar activity and how to use revenues raised that it measures and reflects the total im- diverted from private hands to uses deter- from a particular source. Taking an activity pact of the Government’s receipts and ex- mined by the government; it also establishes off-budget reflects a decision to support that penditures on the economy. the deficit, which subtracts from total sav- activity by the earmarked revenues only, ings in the United States and thus means ei- and to raise the earmarked taxes if the out- In the past, the failure to obtain a measure ther higher interest rates or the importation lays on this activity are to rise. Conversely, of the Government’s total effect on economic of more capital. Whether the transportation revenues from the earmarked sources are to activity led to many untoward experiences. budget is officially included in the unified be used for the specified activities only, and This was a key reason for adopting and budget changes neither spending nor the def- not for general governmental purposes. An maintaining the unified budget. icit. In other words, defining the transpor- off-budget highway trust fund most defi- Action now to remove the trust funds and tation budget as on or off budget is meaning- nitely should not mean that we will spend on destroy the concept of a unified budget less unless its status results in more govern- highways without regard to whether the would directly contravene all of the efforts ment spending of higher tax receipts and highways are needed or not. What such a Congress is making through the Reconcili- thus in the size of government outlays and in fund should mean is that revenues above April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3513 those needed will be returned to the tax- centive to go a step further and remove On the other hand, principles of adminis- payers through a cut in the gasoline tax. transportation spending from the govern- tration and budgeting demand regular review The on-off budget issue is complicated by ment by creating new entities such as gov- and control of the full range of Government the current system of budgetary caps. Con- ernment-sponsored enterprises or public au- spending, balancing one priority against an- gress enacted these caps in an effort to im- thorities. If this were to occur, congressional other. At the same time, effective fiscal pol- pose more spending discipline on itself, and I and presidential control of trust funds would icy forces consideration of the totality of believe that the caps have been useful in this be greatly weakened. spending in relation to revenues. regard. If the highway trust fund, or any The argument for off-budget transpor- These latter considerations strike me as other activity, is taken off budget to reflect tation trust funds is often made in terms of persuasive in reaching my conclusion that a policy commitment to maintain a seg- the need to upgrade the nation’s infrastruc- the present practice of including the trans- regated accounting of earmarked revenues ture. I am not convinced that the United portation trust funds in the unified budget and particular outlays, then I strongly rec- States has seriously underinvested in trans- should be continued. I am reinforced in that ommend that the activities nevertheless portation, but I do believe that the appro- conclusion by the fact that nothing in the continue to be subject to the same caps proc- priate means of addressing this problem unified budget prevents the Congress and the ess as before. That is, these activities should would be a capital budget rather than off- Administration from reaching a decision to continue to be counted as on-budget for pur- budget of off-government status. A capital maintain highway spending (or any other poses of the caps calculations. Any other budget would preserve the unified budget spending) at a particular level it deems a pri- treatment is an open invitation to remove while providing better information on the ority matter. Trust fund accounting within one item after another from budget dis- condition of roads, airports, and other trans- the unified budget may in some instances be cipline; that is sure to be a distracting, con- portation assets. helpful in reaching that decision. fusing, and counterproductive debate at this Please call me if you want to discuss this To repeat I conclude that the Congress difficult time of dealing with major (and matter further. should maintain the present unified budget long overdue) revisions in the federal budget. Sincerely, treatment, as both present and former Budg- Sincerely, ALLEN SCHICK, et Directors have urged in writing you. Visiting Fellow. Sincerely, WILLIAM POOLE. PAUL A. VOLCKER, AMERICAN ENTERPRISE INSTITUTE CHESTERTOWN, MD, Chairman. September 30, 1995. FOR PUBLIC POLICY RESEARCH, Washington, DC, September 26, 1995. JAMES D. WOLFENSOHN, INC., Congressman FRANK R. WOLF, Washington, DC. Hon. FRANK R. WOLF, New York, NY, February 1, 1996. DEAR MR. WOLF: Because the result would U.S. House of Representatives, Hon. FRANK R. WOLF, be to hide the full magnitude of the flows of Washington, DC. Congress of the United States, House of Rep- money into and out of the coffers of the fed- DEAR CONGRESSMAN WOLF: I am replying to resentatives, Washington, DC. your letter of September 12, 1995 about the eral government, a result that would seri- DEAR FRANK: I have reread my letter of Oc- transportation trust fund. I would not favor ously handicap the analyst in following what tober 18 on the transportation trust fund moving the trust funds off the budget. We is happening in our economy, I hope that issue and really have no further thoughts. I want to have a comprehensive measure of your committee will do all it can to prevent realize moving some or all of the trust funds the Federal government’s fiscal activities. (particularly social security) off budget the transportation trust funds from being Keeping the transportation trust fund in the might well lend even further force to the ur- moved ‘‘off-budget.’’ The reasons for keeping budget does not preclude any rules you may gency of our budgetary problem. That is a these funds ‘‘on budget’’ have been correctly want to adopt about requiring that all re- powerful argument right now, but I think and adequately spelled out in the responses ceipts of the trust fund be spent for transpor- longer run considerations of effective budg- to your committee by James Miller and tation, in every single year or over any spec- eting and of consistency over time should Alice Rivlin, and I am glad to associate my- ified number of years. prevail. self with their views. Sincerely yours, I appreciate your interest. Respectfully yours, HERBERT STEIN. Sincerely, RAYMOND J. SAULNIER, PAUL A. VOLCKER, Chr., CEA, 1956–61. JAMES D. WOLFENSOHN, INC., Chairman. New York, NY, October 18, 1995. THE BROOKINGS INSTITUTION, Hon. FRANK WOLF, UNIVERSITY OF CALIFORNIA, GOVERNMENTAL STUDIES PROGRAM, Chairman, Subcommittee on Transportation, Los Angeles, CA, September 4, 1995. Washington, DC, August 25, 1995. Committee on Appropriations, U.S. House of Hon. FRANK R. WOLF, Hon. FRANK WOLF, Representatives, Washington, DC. Chairman, Subcommittee on Transportation, Chairman, Subcommittee on Transportation, DEAR FRANK: I am responding to your let- Committee on Appropriations, U.S. House of House Committee on Appropriations, Wash- ter of October 13 asking for my view on the Representatives, Washington, DC. ington, DC. budgetary treatment of Federal transpor- DEAR MR. WOLF: I am responding to your DEAR MR. CHAIRMAN: I am writing in re- tation trust funds. I am glad to respond letter of August 23rd, in which you were kind sponse to proposals that would remove the briefly to a question that has been reviewed enough to solicit my views on the question transportation trust funds from the federal frequently over the years and to which a suc- of whether or not the transportation trust budget. I share the view that the unified cession of Administrations and most Con- fund should be moved ‘‘off budget.’’ I have budget should be preserved to ensure effec- gresses have, explicitly or implicitly, taken reviewed the materials included with your tive use of the budget as an instrument of a consistent position. letter, and had already given a great deal of fiscal policy and strong spending control. At the start, I should point out that while thought to this important question. There is no right time for giving the trans- your inquiry is specifically about transpor- I believe that the highway trust fund portation funds off-budget status, but now tation trust funds, a distinction between should remain part of the unified budget. I would surely be the wrong time. Doing so those funds and others would be difficult to support the maintenance of a separate trust would undermine Congress’s commitment to sustain. That is one important consideration fund into which highway user fees are depos- balance the budget and control federal in my conclusion that the current treatment ited, and from which major highway related spending. It would convey the message that of including the transportation trust funds expenses of the federal government are paid. the budget can be balanced on paper by ex- in the unified budget remains appropriate. Maintenance of the integrity of the trust cluding expenditures that are given preferred Obviously, conflicting considerations arise fund surely does not, however, require that status. It would also convey the message in determining appropriate budgetary treat- it be taken ‘‘off budget.’’ Full accounting of that some programs can go on a spending ment for trust funds. On the one hand, the federal income and expenditures can be spree while others are constrained by tight decision to establish a trust fund may reflect maintained by showing the trust fund as a budget rules. a considered decision at a point in time to separate account within the larger federal The greatest damage from taking these maintain designated spending in an amount budget. funds off budget would likely occur if a bal- related to specific revenues. Arguably, the I oppose the use of trust fund revenues to anced budget requirement were placed in the designated spending may have particular at- ‘‘mask’’ a general fund deficit. We have enor- Constitution. The balanced budget amend- tributes—for ‘‘investment’’ or for ‘‘social mous transportation needs in the United ment approved by the House earlier this year purposes’’—that Congress may wish pro- States, and it would be unfortunate if ear- provides that in any fiscal year, the outlays tected from cyclical or other budgetary ex- marked transportation funds were held of the United States government shall not igencies. Moreover, an argument can be unspent in the trust fund just to create the exceed the receipts of the United States gov- made that building up surpluses in the trust appearance that the federal deficit is thereby ernment. It is important to note that this accounts, with the surpluses invested in gov- being reduced. This problem can also be ad- language would cover the receipts and out- ernment securities, tends to shield other dressed by properly accounting for the trust lays of the federal government, even those spending from appropriate budgetary dis- fund as a separate category within the uni- that were excluded from the budget. What cipline. That is, of course, a consideration fied budget, however, and does not require this means is that once a balanced budget with respect to the large social security that the trust fund be removed from the uni- rule is operative, there will be a strong in- trust funds. fied budget. H3514 CONGRESSIONAL RECORD — HOUSE April 17, 1996 From the materials which you forwarded spending by focussing on how to make it air traffic control facility in this coun- to me, it would appear that my position is more efficient. The budgetary issue is large- try. The equipment is old and needs to essentially identical to that taken by the Of- ly irrelevant to that goal. be replaced. fice of Management and Budget and the Gen- Sincerely, The FAA predicts that U.S. domestic eral Accounting Office. I encourage you to CLIFFORD WINSTON, take a strong position of leadership on this Senior Fellow. passenger enplanements will grow from important matter. The highway trust fund 530 million in 1995 to nearly 800 million Mr. OBERSTAR. Mr. Chairman, I in 2005. We are constantly looking to should both be kept ‘‘on budget’’ and should yield myself 30 seconds. be protected from efforts to use it to ‘‘mask’’ find the funds to meet tomorrow’s the federal deficit. We have heard some interesting thea- needs. The best place to start is with Sincerely, ter and dramatics, but the fact is that the balance sitting in the aviation MARTIN WACHS, taking trust funds off-budget will not trust fund. Director, Institute of Transportation Studies. cause one dime of cuts in other discre- Mr. Chairman, this afternoon’s vote tionary programs. It only means that CENTER FOR THE STUDY is about keeping faith with the Amer- in the future, additional cuts in trust ican people. The American people pay OF AMERICAN BUSINESS, fund programs do not count toward St. Louis, MO, October 5, 1995. their gas tax and ticket tax to finance spending targets such as discretionary Hon. FRANK P. WOLF, investment in our critical infrastruc- U.S. Congress, caps or 602(b) allocations. Let us get ture. That’s what the trust funds are Washington, DC. down to reality and fact and talk rea- meant to be used for. DEAR MR. CHAIRMAN: This is in response to sonably. Mr. Chairman, I urge every Member your letter of September 26, 1995, with regard Mr. Chairman, I yield 3 minutes to of this body to support H.R. 842 and to the transportation trust funds. I believe the gentleman from Illinois [Mr. LIPIN- they should stay in the budget so that the keep faith with the people who sent us SKI]. here. budget review process remains comprehen- (Mr. LIPINSKI asked and was given sive and an effective way for Congress to ex- Mr. SHUSTER. Mr. Chairman, I yield ercise the power of the purse. permission to revise and extend his re- 1 minute to the gentleman from Ten- This was the position that, as an adviser, I marks.) nessee [Mr. WAMP]. urged the Commission on Budget Concepts to Mr. LIPINSKI. I thank the gen- (Mr. WAMP asked and was given per- adopt several decades ago in developing the tleman from Minnesota for yielding me mission to revise and extend his re- concept of the unified budget. The transpor- the time. tation taxes are revenues of the federal gov- marks.) Mr. Chairman, I rise in strong sup- Mr. WAMP. Mr. Chairman, to kind of ernment; the transportation outlays are ex- port of H.R. 842, the Truth-in-Budget- penditures of the federal government. This is cut through the heavy air here today, the basic justification for putting these ing Act, to take the four transpor- where we have had some pretty high funds into the federal budget. tation trust funds off budget. drama and a great sense of emotion, let The alternative—to keep them separate This bill is really quite simple. If you me say from the freshmen perspective from the budget—shields these programs support jobs, investment, and keeping that 44 out of 74 of the freshman Re- from being reviewed in the context of na- faith with the American people, then publicans, I would argue the most ar- tional priorities. That would be bad budget- you support H.R. 842. That’s all there is ing. dent budget balancers to come here in Best wishes. to it. a long time, have signed on in support Sincerely, Every day, Americans who fly or of taking the transportation trust MURRAY WEIDENBAUM, drive contribute through user fees to funds off-budget. You can in fact bal- Chairman. the transportation trust funds. They do ance the Federal budget and return so in order to finance the public infra- these user fees to the people who paid THE BROOKINGS INSTITUTION, structure which they utilize as they Washington, DC, August 25, 1995. them. We see it as a matter of prin- travel. If they don’t drive, they aren’t ciple, and the principle is to the Fed- Congressman FRANK WOLF, asked to contribute to road projects. If Congress of the United States, House of Rep- eral Government: Don’t take the resentatives, Washington, DC. they don’t fly, we don’t expect them to money from users if you don’t need it, DEAR CONGRESSMAN WOLF: I am responding finance air traffic control operations or if you don’t need to spend it. Don’t to your letter of August 23, 1995 soliciting airport improvements. The systems are take it. Don’t store up these trust my views on the appropriateness of moving designed to be user financed—those funds and not put the money back for transportation trust funds off-budget. I who use them pay for them. should first tell you that I am not an expert the use and from the people that you But unless the trust funds are off- took it. That is the matter of principle. on the budget process or the federal trans- budget, the American people who pay portation budget. My field of specialization We would like to kind of draw a line in is transportation economics and my for infrastructure investment aren’t the sand on this issue and this is an im- thoughts about your inquiry reflect that per- getting all they pay for. The balances portant issue and it puts and invests spective. in the four trust funds continue to the money back into our economy That said, I think the issue you are con- grow, while infrastructure needs across which we desperately need. These are cerned with is secondary to the important this Nation go unmet. user fees from roads, airports, harbors. question to be asked about transportation I support infrastructure investment spending. The important question is whether Put them back to use. Support H.R. in the United States because it spurs 842. federal transportation spending is efficient? economic growth and creates good jobs. Based on the available evidence the answer b 1230 appears to be no! Auto pricing ignores con- The fact is that transportation rep- gestion, bus and rail prices are too low resents 17 percent of the American Mr. SABO. Mr. Chairman, I yield 5 (below marginal cost), bus and rail service is economy. Since 1950, one-fourth of minutes to the gentleman from Wis- inefficient and load factors are too low, bus America’s improvement in productiv- consin [Mr. OBEY], the ranking member and rail operations are inefficient, and so on. ity is due to transportation invest- of the Committee on Appropriations. These problems are not the result of whether ment. Mr. OBEY. Mr. Chairman, I would trust funds are on-budget. They are the re- But for me, the most important issue simply note that the gentleman from sult of poor transportation management at is jobs. Every $1 billion spent on infra- Ohio, JOHN KASICH, the Republican all levels of government. Prices must reflect marginal costs, service must reflect cost- structure creates 42,000 good high-wage chairman of the Committee on the benefit tradeoffs, and inefficiencies must be jobs. That’s why the Laborers Inter- Budget, the gentleman from Min- purged from operations. In this environment, national Union of North America sup- nesota, MARTIN SABO, the Democratic there would be no need for trust funds. In- ports this legislation, and why you ranking member of the Committee on deed, the issue of whether a transportation should too. the Budget, the gentleman from Lou- system makes money would be irrelevant be- Mr. Chairman, as the ranking Demo- isiana, BOB LIVINGSTON, the Republican cause its viability would be justified on so- cratic member of the Subcommittee on chairman of the Committee on Appro- cial welfare considerations. Current policy, which relies on the gas tax Aviation, I see every day the impact of priations, and yours truly, the ranking and trust funds, invites political debate in- our underfunded air traffic control sys- Democrat on the Committee on Appro- stead of thwarting it. In short, my advice is tem. There are reports almost every priations, are all strongly asking that to change your perspective on transportation week of an outage of some kind at an you vote against this proposition. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3515 Now, there is, I suppose, a high prob- any other committee and regardless of (Mr. SHADEGG asked and was given ability that even though all four of us the impact on any other program or permission to revise and extend his re- agree, we are wrong, but I would re- any other population group in this marks.) spectfully suggest that if anyone is country. That is morally wrong, it is Mr. SHADEGG. Mr. Chairman, I truly interested in achieving a bal- fiscally wrong, it is economically would like to rise in support of this anced budget, over any time frame, wrong, it is procedurally wrong, and legislation, but I cannot. I cannot, not- whether it is 7 years, 5 years, you name you ought not to do it. withstanding its surface appeal. We it, that there is no way that you can in I would urge you not to speak out of would all agree that trust funds ought conscience vote for this bill. both sides of your mouth. I would urge to be used for a trust purpose. But that Let me simply explain what I mean. you to never again come to this floor is not the debate that is before us Right now both parties have told the and say that you are voting for a bal- today. The debate that is before us has country that we are willing to balance anced budget and say that you are for to begin with where we are, and where the budget over a 7-year time frame. fiscal responsibility and austerity, if in we are is that we have not managed Yet what we are now being asked to do the next breath you are voting to allow these funds in the fashion we told the is to say to one huge segment of the the transportation budget to go off American people we would. In point of budget—namely, the transportation budget and to spend at any rate they fact, we said we would not use general portion of the budget—‘‘Well, fellows, want, regardless of the impact on other fund monies for this purpose, and we we are going to set you aside. Not only programs. have, and this is not a debate about It is a question here of what you re- are you going to have a dedicated reve- misuse of trust funds. gard as your top priority. I do not re- The chart I have put up makes this nue source, but in addition to that spe- gard that as my top priority. I think case fairly clear. Since 1980, total cial status, we are going to give you we need a balanced approach to spend- spending for highways from the trust the ability to spend unlimited amounts ing and this bill does not give it to us. fund we have brought in $214 billion, we of money, irrespective of the squeeze Mr. KOLBE. Mr. Chairman, I yield have interest of $21 billion, we have on any other portion of the budget.’’ such time as he may consume to the spent a total of $235 billion. But we The gentleman from Virginia [Mr. gentleman from Ohio [Mr. REGULA]. have added in general funds funding $63 WOLF] is exactly right. What you are (Mr. REGULA asked and was given billion on top of the trust fund spend- talking about if this bill passes is the permission to revise and extend his re- ing of $228 billion, so we have spent a requirement that you cut other por- marks.) total of $291 billion. tions of the budget over 7 years by an Mr. REGULA. Mr. Chairman, I rise in The point is, for those Americans out additional $50 billion, or else recognize opposition to the bill. there paying revenue taxes, gas taxes, that the deficit is going to increase by I rise to join my colleagues in opposing H.R. other types of taxes, into these funds, $50 billion. That is the hard-nosed fis- 842. While I commend the bill's proponents for please understand, this is not a debate cal reality. trying to address the Nation's infrastructure about the misuse of those funds. We Now, I take a back seat to no one, to needs, I do not believe that this bill will ac- have used more than we have promised. no one, in my support for highway con- complish that objective. But it is a debate about the budget struction. Since my days in the legisla- I have listened to many voices on this issue control. If we enact this legislation, it ture and through my days here, I have and the ones who have rung among the clear- will make it almost impossible to bal- consistently and strongly supported est have been national leaders such as War- ance the Federal budget. That has to adequate funding for highways. I have ren Rudman who has said that, ``Designating be our first priority. I urge a ‘‘no’’ supported providing the funding to pay transportation trust funds as off-budget would vote. for that highway construction as well, further erode the integrity of the budget as a Mr. OBERSTAR. Mr. Chairman, I in my own State legislature as well as tool for fiscal accountability.'' yield 2 minutes to the gentlewoman here. I have fought to see to it that my Former OMB Director Jim Miller says, ``Off- from Missouri [Ms. DANNER]. own State ends its long-term status as budget status would * * * hide a major portion Ms. DANNER. Mr. Chairman, when a donor State. of federal spending from annual budget scru- American motorists purchase gasoline In 1992, I led a successful fight in this tiny.'' or travelers purchase airline tickets House to break the defense ‘‘firewalls’’ Former Federal Reserve Chairman Paul and pay the Federal tax, they expect in order to fully fund ISTEA with off- Volcker says, ``* * * principles of administra- that the revenue collected by the Fed- sets from the military budget. I make tion and budgeting demand regular review and eral Government will go toward trans- no apology for that. I think that was control of the full range of Government spend- portation system upgrades. the right thing to do for the country. ing, balancing one priority against another. At After all, that was the agreement the But I do not support saying that the same time, effective fiscal policy forces Federal Government had with the transportation must be considered sac- consideration of the totality of spending in re- American people when the gasoline, rosanct while that requires further re- lation to revenues.'' aviation, and other transportation Perhaps the voice that rings the clearest for ductions in education, further reduc- taxes were implemented. me is that of the Ohio Department of Trans- tions in mental health and veterans For example, motorists paid into the portation that has been at the forefront of highway trust fund with the expecta- programs, further reductions in envi- studying the current system of transportation ronmental protection enforcement, fur- tion that they would receive highway funding and making recommendations for improvements. ther reductions in job training, and do change. ODOT has concluded that it is not However, the transportation trust not kid yourself, that is exactly what necessary to take the trust funds off budget in funds were merged into the general this proposition requires. order to return more money to the States. budget as part of an effort to hide the Now, it is technically true that this The Ohio plan recognizes that since 1976 true costs of the Vietnam war. bill in and of itself does not do that. expenditures from the trust fund have ex- It is precisely this sort of broken But when you plug this bill into the ceeded revenues and that the balance in the contract between the Government and context of existing law and into the fund resulted from interfund borrowing. The the American citizenry that has led so context of the promise of both parties Ohio plan proposes that a major portion of fuel many people to become understandably to provide a balanced budget over 7 taxes each State pays into the trust fund be cynical about their Government and its years, then you are fooling somebody turned back to that State, including the fuel leaders. or you are smoking something that is taxes now going toward deficit reduction. It is our duty to make certain that not legal if you are telling people that I urge my colleagues to take a closer look the moneys collected through the gaso- this bill is not going to result in a at the Ohio plan and that we use its concepts line and other transportation taxes are squeeze on other high priority pro- as a basis for devising a new system for high- used for the intended purposes. grams. way fundingÐa system reached by consensus The Truth in Budgeting Act, before What we are really talking about is between authorizers, appropriators, and the Congress today will help us meet that whether or not we are going to give one Budget Committee. obligation. Simply put, it is a tax fair- committee the ability to write a blank Mr. KOLBE. Mr. Chairman, I yield ness bill designed to ensure that trans- check for programs under their juris- 11⁄2 minutes to the gentleman from Ari- portation taxes go to pay for transpor- diction, regardless of the impact on zona [Mr. SHADEGG]. tation improvements. H3516 CONGRESSIONAL RECORD — HOUSE April 17, 1996 Currently, there is in excess of $30 these revenues for their intended purposes. If enormous pressures to either cut non- billion in unspent balances in these you care about our Nation's global competi- trust-fund programs further, increase trust funds, and under the administra- tiveness, if you care about improving the envi- spending on trust-fund programs more, tion’s budget these balances could grow ronmental quality and safety of America's har- or raise taxes; and that it will set a to $77 billion by 2002. That is money bors and rivers you should support the Truth number dangerous of precedents. Allow that should be used for such projects as in Budgeting Act. me to detail a few of these problems for repairing roads, building bridges, and In many of America's leading ports we have you. improving air transportation systems. an astounding backlog of dredging and envi- First, the unified budgeting method The use of these funds in this way ronmental projects that are not being done is critical for assisting the Congress improves not only our transportation while we sit on over $1 billion in trust fund rev- and the President in deciding how to system, but would provide literally enues. A study of the transportation infrastruc- treat all revenues and expenditures in hundreds of thousands of well-paying ture needs on our major rivers has identified a coherent manner. It is essential to jobs—a true win-win situation. over $3 billion in needs by the year 2000. If bring together all Federal income and Ladies and gentlemen, this ‘‘Truth in you represent constituents along the Missouri, expenses in a unified way to avoid the Budgeting’’ bill is about restoring the Mississippi, Hudson, Ohio, or Tennessee Riv- problem of considering some programs public trust. My dictionary defines ers you should support the Truth in Budgeting in a vacuum. It is important to recog- trust as ‘‘the confident reliance on the Act. nize that any Federal activity affects integrity, honesty, veracity of an- Freeing these trust funds for their intended our Nation’s economy as a whole. other.’’ The ‘‘confidence, or obligation uses sends a powerful message to the Amer- Clearly, the Transportation Trust reposed in a person that he will fully ican peopleÐwe are setting aside the ``smoke Funds qualify as affecting our economy apply the property according to such and mirrors'', and we are serious about using significantly. And because of their confidence.’’ their hard-earned tax dollars to improve the large economic impact, considering I believe it is time—indeed past safety of our waterways and the efficiency of them separately from other accounts time—that we put trust back in the our navigation infrastructure. which affects economic activity would trust funds. These trust funds are built on taxes in- complicate and distort Federal eco- I would urge my colleagues to sup- tended to improve the economic and environ- nomic considerations. In my mind it is port this legislation. mental quality of our Nation's rivers and har- far better to have all components of Mr. SHUSTER. Mr. Chairman, I yield bors and it is time we use these trust funds for our economic strategy in plain view 1 minute to the distinguished gen- these uses. and as part of a unified whole in order tleman from New York [Mr. BOEH- Support the Truth in Budgeting ActÐthe to make decisions easier and more co- LERT]. truth will set you free. herent, and to provide flexibility to the (Mr. BOEHLERT asked and was given Mr. SABO. Mr. Chairman, I yield 2 Congress. permission to revise and extend his re- minutes to the gentleman from Texas Second, moving the trust funds off marks.) [Mr. COLEMAN]. budget would needlessly further com- Mr. BOEHLERT. Mr. Chairman, this (Mr. COLEMAN asked and was given plicate and confuse the budget process. debate is a classic congressional de- permission to revise and extend his re- Considering transportation programs bate. I think there is rhetorical over- marks.) apart from all of the rest of the budget kill on both sides. The future of West- Mr. COLEMAN. Mr. Chairman, the would mean adding another dimension ern Civilization does not hang in the issue before us today is one of the pe- to the process. Congress should not do balance depending on the outcome of rennial budget questions of our time— this. Instead, we should avoid creating this vote. I do not have any great whether to unravel the unified budget additional complications and restric- statement to quote, but let me quote methods that have worked well since tions on the legislative branch. In this one of my favorite entertainers, Woody the 1960s and consider the Transpor- way, we can fulfill our basic duty to at Allen, who once said in an address to tation Trust Funds off budget. Like my least do no further harm when crafting graduates, ‘‘We are at the crossroads. Appropriations Committee colleagues a budget. One road leads to hopelessness and de- speaking before me, I believe moving Third, moving the trust funds off spair; the other to total extinction.’’ the Transportation Trust Funds off budget would lead to demands to move Let us pray that we have the wisdom budget would result in an irresponsible all other trust funds off budget—and to choose wisely. We are not faced with budgeting process that would jeopard- perhaps rightly so. We should not fool that predicament. Here is what we are ize many of our most cherished pro- ourselves into believing that this faced with, plain and simple: We im- grams, including Medicare, Medicaid, would not happen; we have plenty of pose taxes on the American people, ex- education, and environmental protec- legislative history to know it would. If cise taxes, dedicated taxes. We say, for tion programs. So, I am here to urge the Transportation Trust Funds were example, to the airline traveler, we are my colleagues to vote against H.R. 842. taken off budget, it would be difficult going to tax your airline ticket pur- Let me state from the outset that as to justify not doing the same with chase and we are going to use the funds the ranking minority member of the every other trust fund. We would be we raise to improve the airports, to im- Appropriations Subcommittee on asked the following legitimate ques- prove aviation safety. Transportation, I am a strong sup- tions: Why are the transportation trust I think that is a pretty good con- porter of maintaining and enhancing funds special? Why don’t all other trust tract. I think we ought to use the the Transportation Trust Funds. I be- funds get the same preferential treat- money for the intended purpose. And if lieve our Nation must continue to in- ment? These questions can’t be an- we do not, we ought to cut the tax out. vest an appropriate amount into trans- swered fairly without either placing But let us not kid the people. Let us portation infrastructure projects in Congress in the predicament of having be honest with them. Let us use the order to keep our economy strong and to pick winners and losers among trust money for the intended purpose or cut growing and prosperous. The Transpor- fund programs, or being forced to move the tax. tation Trust Funds are the primary ve- all trust funds off budget with all of As the chairman of the Water Resources hicles which enable us to fulfill this re- the severe headaches that would create and Environment Subcommittee, I have wit- sponsibility, so we must act to keep for us. nessed firsthand the growing abuse of the them in good working order. Fourth, if, for reasons of fairness, all Harbor Maintenance Trust Fund and the In- However, I am convinced that mov- trust funds were moved off budget, I land Waterways Trust Fund. The Harbor Main- ing the Trust Funds off budget would predict there would be greatly in- tenance Trust Fund now has a balance in ex- cause much more harm than good. creased pressure to spend more money. cess of $650 million and the Inland Waterways While I can easily understand and sym- In addition to using currently available Trust Fund has over $300 million sitting dor- pathize with the desire to invest more surpluses for existing programs, I have mant. money into transportation projects, I no doubt many interests would create Hundreds of millions of dollars have been believe moving the Transportation new needs for additional spending of collected from shippers to improve the quality Trust Funds off budget would greatly trust fund surpluses, whether those of America's ports and we should be using confuse the budgeting process; create needs were really as pressing as might April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3517 be the case in other functions of our the actual use of the land to build a not off budget. It goes into that amor- Government. I can also foresee pres- prison has little to do with fulfilling phous great big blue section on this sure by interest groups to create more transportation needs. Similarly, the chart that I have used before. It is a pie trust funds for favorite programs which supposedly protected State transpor- chart of the 1996 Federal budget. It be- currently don’t have their own sepa- tation fund has been used to finance comes part of the uncontrollable por- rate funding sources in order to insu- the construction and maintenance of tion of the pie, entitlements, which are late them from further budget cuts. In parking lots for State mental health in blue, plus interest on the debt. these times of fiscal austerity, it agency facilities. In my mind, neither Two-thirds of the budget is uncon- makes no sense to increase spending of these examples fulfill transportation trollable. One-third of the budget is pressures and make the deficit larger. needs in the State of Texas. discretionary. Half of that is defense, Fifth, I am not convinced that mov- Perhaps the most significant breach the other hald is the nondefense cost of ing the Transportation Trust Funds off of security for the off budget Texas running Government. We are going to budget would result in more expendi- transportation fund took place during take $30 billion out of that nondefense tures for transportation projects. It the 1980’s. The State’s general revenue discretionary budget and add it into seems fair and accurate to say that the fund was running low, so an arrange- the blue section or out in the atmos- interest payments from the Treasury ment was made to borrow $280 million phere where we will help all those won- to the trust funds have helped to in- from the transportation fund. The pay- derful contractors who want to build crease the amount of surplus. While it back provision of the agreement in- roads. We will make everybody else can be argued that the interest pay- cluded the payment of interest, but be- compete for their hard-earned dollars ments are only fair returns for borrow- cause of the State’s ability to repay or the dollars that the American tax- ing against the trust funds, they have the loan quicker than originally antici- payers throw at them. In doing so also enabled greater spending from the pated, no interest was actually paid to there will be less opportunity for other trust funds than would have been pos- the transportation fund for the time its well-meaning programs, be they health sible without borrowing and then re- money was used. So much for a secure programs, education programs, or the paying with interest. So, moving the off-budget transportation fund. like, to be funded. trust funds off budget and foregoing fu- In summary, Mr. Chairman, while I In fact, before the Committee on the ture interest payments may not really am a strong believer in the need to Budget, Federal budget expert Allen enhance transportation expenditures. fund transportation projects to the Schick testified the general fund would Sixth, removing the trust funds from greatest extent possible, moving the be the residual fund for weak claimants the unified budget would result in de- Transportation Trust Funds off-budget who do not have sufficient clout to get creased funding for transportation would unravel the unified budget proc- earmarked revenue, their own trust projects that receive their funding ess and make it more difficult to make funds, off budget protection, and ex- from general revenues. Not using the proper decisions on economic matters. emption from budget enforcement surpluses in the Transportation Trust It would also needlessly further com- rules and other controls. He says, if Funds to calculate the amount of over- plicate the budget process, lead to de- there is any truth in budgeting, it is all available funds means that spending mands to move other trust funds off- that all spending must compete for levels for other programs have to be budget which would increase spending scarce resources; not that there are cut. In the case of transportation at the time we are trying to balance protected enclaves and double stand- projects, we would be pitting some the budget, and probably not increase ards. types of transportation needs against funding of transportation projects But we will make a protected enclave others. If we are truly concerned about overall. And, as I have described to the of Federal highway spending. Back- building a solid transportation infra- House, the experience of my home door spending in entitlements have al- structure, why would we want to play State of Texas strongly suggests that ready reduced the domestic discre- favorites and possibly secure the fund- moving trust funds off-budget doesn’t tionary share of the Federal budget, ing for some types of projects and not really make them more secure. For all and those are my words, not Mr. others? of these many reasons I urge the House Schick’s, reduced the domestic discre- We should also keep in mind that the not to endorse H.R. 842 by voting tionary share of the Federal budget to unified budget does not prevent Con- against this well-intended, but mis- just 17 percent next year. gress from spending more on transpor- guided legislation. Now we are talking about gutting tation projects if it chooses to do so. what is left, taking 12 percent of that, b The Congress has all the authority it 1245 some $30 billion in outlays, money that needs to authorize and appropriate Mr. KOLBE. Mr. Chairman, I yield 4 will be spent immediately year after more funds for transportation projects minutes and 30 seconds to the gen- year, and declaring it off budget for the or other national priorities any time it tleman from Louisiana [Mr. LIVING- purposes of deficit reduction. wants. The only requirements for STON], the very distinguished chairman I just hope that every fiscally con- spending more are to be convinced of a of the Committee on Appropriations. servative Member of the body, includ- genuine need and then to follow (Mr. LIVINGSTON asked and was ing those who signed on to the off through with the appropriate legisla- given permission to revise and extend budget bill before knowing its effect on tion. his remarks.) spending, fully appreciates what is hap- Finally, let me say that the experi- Mr. LIVINGSTON. Mr. Chairman, I pening and will examine what the CBO ence of my home State of Texas shows thank my friend from Arizona for and the GAO and others say about the that moving transportation funds off yielding time to me. effects. It is devastating. budget doesn’t insulate that money Mr. Chairman, we have to fully ap- We are significantly trimming, trim- from use for other purposes. Even preciate what we are about today. The ming the nondefense discretionary though article 8, section 7(a) of the fact is that we will never eliminate the budget, so much so that for the first Texas State constitution clearly and deficit if we give some programs ex- time in modern history, instead of specifically states that all State taxes alted, protective status in the budget going up year after year after year in on motor fuels collected to finance process requiring those less fortunate nondefense expenditures, we are going transportation projects must be spent to shoulder heavier cuts than they cur- down year after year. This Congress, on transportation projects, money rently do and making them compete since January 1, 1995, has had tremen- from the off budget transportation with one another while those exalted dous effect on reversing the ever-in- funds have been used for other pro- programs simply are beyond reach. But creasing growth of nondefense spend- grams. For example, transportation that is what we will do. ing. But this bill comes along and fund money has been used to purchase We are effectively going to take $30 wants to take $30 billion out of what is land to build prisons. Now, the trans- billion a year out of the nondefense dis- left in nondefense discretionary and portation department holds the title to cretionary pot and just put it beyond spend it on highways. this land, so in theory it is still a reach. Some would say, well, it goes And, yes, we have seen those ads, transportation department asset. But, into a trust fund; it is off budget. It is radio, television, newspapers, the pro-special H3518 CONGRESSIONAL RECORD — HOUSE April 17, 1996 interest lobbyists, and they are all re- Other domestic and defense programs Train’’—and completion of State Route lated to dealing with highways and air- would suffer up to $50 billion in additional 905 and Interstate 15 would all facili- ports and such things. Oh, they have a cuts, according to OMB; and tate the increase of international trade lot of them. They are all for it because Other trust funds will surely seek similar expected from our Nation’s new Fed- it is money in their pocket. It is free protection from future budget reductions, and eral trade policy. Yet because transpor- money. But notice who is against it. we won't have a leg to stand on. tation trust funds are not being spent The Committee on the Budget, the If this body were now to pass off budget, it for their intended use, these nationally Committee on Ways and Means, the would tell the American people we are willing important projects must compete for Committee on Appropriations, the Of- to hide some expenditures from the budget; fewer available dollars and are viewed fice of Management and Budget, the that we are willing to suffer further reductions as pork for my congressional district. Citizens for a Sound Economy, the in defense and social programs in order to Transportation funding choices should Concord Coalition, the Heritage Foun- provide continuous, permanent increases for not be between projects that mitigate dation, the National Taxpayers Union, highways, mass transit systems, and airport congestion and pollution, increase safe- the Taxpayers For Common Sense, the construction programs. This is not a fair and ty or implement trade policy—these Citizens Against Government Waste, balanced budget plan, Mr. Chairman. are all worthy projects. the Committee for a Responsible Fed- We weren't sent here to engage in budget We must release the trust fund sur- eral Budget, Alan Greenspan, Federal shell games. We were put in control to elimi- pluses from their budget bondage and Reserve Board. Those are the people nate our crippling deficitÐa goal this very bad stop this Federal game of Mask the whose job it is to look at whether or bill would make much harder. This bill is Deficit. The existence of these sur- not we are actually meaning what we wrong because it would increase spending at pluses only reinforces the public’s be- say when we are trying to cut the Fed- just the wrong time in our Nation's history; it lief that they are not getting an honest eral budget, cut spending, and stop the fundamentally alters the balance of power return for the taxes they pay to Wash- pork barrel. among committees of this Congress; and it ington. This issue is not only about tax fair- But here we are, despite all the rhet- panders to the special interests and lobbyists. ness, it’s also about jobs and about eco- oric, right back at the pork barrel. I Finally, if you vote ``aye,'' don't talk to me nomic productivity. Since the 1950’s, as urge Members who are serious about about the need to cut the budget. I strong much as 25 percent of America’s pro- what we have been saying for the last urge Members to vote ``no'' on final passage. 1 ductivity growth can be credited to im- couple of years to vote against this Mr. OBEY. Mr. Chairman, I yield 2 ⁄2 provements in our transportation in- measure. It is wrongheaded. It is the minutes to the gentleman from Califor- frastructure. Recent Department of wrong thing to do. nia [Mr. FILNER]. (Mr. FILNER asked and was given Transportation studies show that every Mr. Chairman, despite all the rhetoric, Mem- permission to revise and extend his re- $1 billion invested in highway con- bers should see this bill for what it really is, a marks.) struction and enhancements yields plain, old-fashioned power grab instigated by Mr. FILNER. Mr. Chairman, I rise in 42,000 high-wage jobs. Similarly, work one committee of this body. strong support of this important legis- to complete SR 905 and I–15 in San Members of the Transportation and Infra- lation to take the transportation trust Diego and to re-establish the Jobs structure Committee, and before them the funds off-budget. Historically, invest- Train would create thousands of jobs. Public Works Committee, stand united in ment in transportation infrastructure The more that infrastructure spend- pushing off budget, and with them stand the has helped countries achieve and main- ing is curtailed, the higher the yearly highway and airport construction lobbyists and tain world power status. Similarly, it trust funds surplus grows. The higher State highway agencies. Against this formida- has been our own commitment to infra- that surplus goes, the more it offsets ble group always stands the Budget and Ap- structure investment has been respon- deficit spending in other general fund propriations Committees. sible for creating the most advanced programs. It’s a $31 billion bonanza, We will never eliminate the deficit if we give and efficient economy in the history of and it’s a fraud! For me, the Truth in Budgeting Act some programs an exalted, protected status in the world. is about keeping faith with my con- the budget process, requiring those less fortu- In the past, it was this financial com- stituents in San Diego—people who pay nate to shoulder heavier cuts year after year. mitment to America’s infrastructure into these funds and expect their tax If we start splitting up the Federal budget that completed the transcontinental dollars to be spent on building and into off-budget fiefdoms that are outside the railroad, built the Interstate Highway maintaining the world’s premier trans- appropriations process, we are setting a ter- System, and created world class air- portation system. The people of Amer- rible precedent. In testimony before the Budg- ports and harbors. However, we all ica—and the people of San Diego—de- et Committee, Federal budget expert Allen know that funding for future projects serve to see their transportation dol- Schick said that if trust funds started to go off- is increasingly difficult to secure lars at work building and maintaining budget, ``the general fund would be the resid- today. And as a result, our ability to ual funds for weak claimants who do not have highways, railroads, airports, and har- maintain, improve and build highways, bors. sufficient clout to get earmarked revenue, their roads, harbors, railways and airports is own trust funds, off budget protection, and ex- Mr. SHUSTER. Mr. Chairman, I yield severely hampered—and commerce, 1 minute to the distinguished gen- emption from budget enforcement rules and transportation and recreation are all other controls.'' tleman from California [Mr. KIM]. adversely restricted. We cannot con- (Mr. KIM asked and was given per- He went on to say ``If there is any truth in tinue this neglect and we must provide mission to revise and extend his re- budgeting, it is that all spending must compete an opportunity to guarantee a sound fi- marks.) for scarce resourcesÐnot that there are pro- nancial future to both maintain and Mr. KIM. Mr. Chairman, I thank the tected enclaves and double standards.'' develop America’s infrastructure gentleman for yielding time to me. Mr. Chairman, backdoor spending and enti- needs. Mr. Chairman, I was a civil engineer tlements have already reduced the domestic Pumping gas and paying the Federal prior to becoming a Congressman. I un- discretionary share of the Federal budget to gas tax of 18.3 cents per gallon is prob- derstand how important the transpor- just 17 percent next year. Now we're talking ably the most common link the aver- tation system is to our economy. I about gutting what's left, by taking 12 percent age American has with the Federal know that without a strong transpor- of the remainder and declaring it off budget for Government on a daily basis. Most of tation system we cannot sustain a the purposes of deficit reduction. I hope every the money from this tax flows into the prosperous economy. That is why our fiscally conservative Members of this body, in- highway trust fund and has helped fi- Congress approved a gas tax over 40 cluding those who signed onto the off-budget nance such San Diego highways as years ago. The idea was simple: Collect bill before knowing its effect on spending, will Interstates 8 and 15. a gas tax and spend that money to look carefully at what CBO, GAO and others My own district has several infra- build and maintain our infrastructure. say about its effects. structure projects that are of national The system worked fine in the past If this bill becomes law: significance and need funding. Re-es- because all the money went to trans- Aviation safety would be undermined, ac- tablishment of the San Diego & Ari- portation projects. But now what hap- cording to the Secretary of Transportation; zona Eastern Railroad—the ‘‘Jobs pens? Highway projects get 12 cents out April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3519 of 181⁄2 cents of the Federal gas tax; the has not been spent due to arbitrary ob- there. This isn’t really earmarking, is rest goes to social programs. It has ligation limitations placed on the trust it? been gutted. The highway trust fund fund in the annual appropriations bills. No, I suppose it’s just chump change. money has been gutted all this time. Now, this is not to say that the high- Ah, but these were not highway dem- We need this infrastructure badly, I way trust fund could not have sus- onstration projects, were they? will tell the Members. Remember, tained an additional expenditure of $6.8 No, apparently only earmarking these are not taxes, these are user fees. billion. funds for highway projects is bad. These are not taxes. The money should No, indeed. Well, Mr. Chairman, if it walks like not be spent on social programs, it There is an estimated balance of an earmark, if it quacks like an ear- should be spent on the highway sys- nearly $21 billion in the highway trust mark—it is an earmark and subject to tem. that is why our bridges are in bad fund—$11 billion in the highway ac- the same pork barrel label highway shape. Twenty-five percent of our count and $10 billion in the transit ac- demonstration projects are often al- bridges are in bad shape and are not count. leged to be. safe. No wonder why. And let us be clear: This money is I raise this because when we hear the Mr. OBEY. Mr. Chairman, I yield 31⁄2 not general revenue. It is comprised of next holier than thou—self-righteous— minutes to the gentleman from West the Federal tax on motor fuels, paid for pronouncements from the House Ap- Virginia [Mr. RAHALL]. by highway users, and dedicated for propriations Committee against our ef- Mr. RAHALL. Mr. Chairman, I rise in transportation improvements. forts to take the highway trust fund off my capacity as the ranking Demo- Who, here, in this body, can say that budget, be advised: cratic member on the Surface Trans- the regions which they represent do They are living in a glass house and portation Subcommittee to give my not need additional transportation im- should not be throwing any stones at colleagues 6.8 billion reasons why they provements, that they could not use the authorizing committee. should vote for H.R. 842, the Truth in some of that $6.8 billion that was duly Let me be clear. Budgeting Act. authorized but instead is lying idle in I strongly believe in the right of the This, 6.8 billion, my colleagues, is the some government trust fund. Congress to earmark funds for specific amount of highway and transit money I look to the California delegation: You have transportation projects. We used good the States have been shortchanged been shortchanged by $610.6 million. criteria when considering highway over the life of ISTEA to date. To the Florida delegation: $241 million. projects during the NHS bill last Con- The following chart shows these Ohio: $242 million. gress. Virginia: $145 million. losses by State, 1992–96: Circumstances change. Nothing re- And my own State of West Virginia: $68 mil- mains static. HIGHWAY FUNDING LOST BY STATE, 1992–96 lion. The list goes on and on. And the fact of the matter is that sometimes a State needs a little bit States FY92–96 dif- So I would say to my colleagues, vote ference to take the transportation trust funds more help with a transportation Alabama ...... $114,340,767 off-budget. project over and beyond its normal Alaska ...... 89,763,732 Let us restore faith with the tax- funding apportionment. Arizona ...... 88,638,840 Arkansas ...... 71,238,983 payers. But, please, do not give me this bunk California ...... 610,578,554 Mr. Chairman, throughout this de- that earmarking discretionary pro- Colorado ...... 86,443,852 Connecticut ...... 143,579,955 bate we continue to hear allegations gram funds for ITS and transit projects Delaware ...... 30,171,803 that one of the motivations of the is not really earmarking. District of Columbia ...... 39,333,139 Florida ...... 241,309,719 Transportation and Infrastructure Mr. Chairman, with that, I respect- Georgia ...... 182,211,005 Committee for promoting the pending fully submit: Who is afraid of the big Hawaii ...... 53,676,740 Idaho ...... 48,737,851 legislation is that it would, in some un- bad wolf? Illinois ...... 255,571,470 explained fashion, remove any con- Not this gentleman from West Vir- Indiana ...... 135,427,278 Iowa ...... 87,340,504 straints on so-called pork barrel ginia and neither should this House. Kansas ...... 83,069,151 projects. I rest my case. Kentucky ...... 100,474,056 Louisiana ...... 106,457,783 The distinguished chairman of the b 1300 Maine ...... 36,512,958 House Appropriations Subcommittee Maryland ...... 119,912,708 Mr. KOLBE. Mr. Chairman, I yield Massachusetts ...... 387,512,184 on Transportation in particular likes 11⁄2 minutes to the distinguished gen- Michigan ...... 180,464,385 to make a big deal out of the fact that Minnesota ...... 104,962,453 tleman from Michigan [Mr. HOEKSTRA]. he refuses to earmark funds for high- Mississippi ...... 77,345,390 Mr. HOEKSTRA. Mr. Chairman, I Missouri ...... 147,406,231 way demonstration projects. Montana ...... 69,282,108 thank the gentleman for yielding me He even advised House Members not Nebraska ...... 59,194,272 the time. Nevada ...... 43,941,993 to even try to present testimony before New Hampshire ...... 35,149,613 Let us talk about truth in budgeting. his subcommittee about specific high- New Jersey ...... 208,863,217 This country is $4.9 trillion in debt, New Mexico ...... 76,499,357 way projects. New York ...... 389,884,664 rapidly moving to $5.5 trillion in debt. North Carolina ...... 166,409,550 Oh, how holier than thou. North Dakota ...... 44,939,034 And the press eats it up, showering That is truth in budgeting. This is an Ohio ...... 242,935,031 effort by one group to grab dollars, to Oklahoma ...... 92,883,484 him with praise for not engaging in so- Oregon ...... 85,194,850 called pork barrel projects. grab turf and to expand its power. Pennsylvania ...... 312,864,880 Well, my colleagues, the facts show What do we need in 1996? We need peo- Rhode Island ...... 43,667,425 South Carolina ...... 85,828,138 otherwise. ple to step up, to be part of the solu- South Dakota ...... 49,538,589 Let’s see. I suppose earmarking $4 tion, not to walk away and be part of Tennessee ...... 139,565,180 Texas ...... 431,378,542 million in ITS funds for the Capital the problem. What is reality? Utah ...... 54,759,515 Beltway in the current fiscal year ap- This bill is like rearranging the deck Vermont ...... 32,204,791 Virginia ...... 145,108,424 propriations bill does not represent an chairs on the Titanic. This bill rep- Washington ...... 133,368,435 earmark. resents the effort of one group to get West Virginia ...... 68,087,322 Wisconsin ...... 123,104,240 No, of course not! into its lifeboat, its own small lifeboat. Wyoming ...... 47,996,810 I suppose that earmarking almost $41 Some may call the special interest Puerto Rico ...... 33,650,675 Territories ...... 2,184,372 million for 20 ITS projects in that bill group or this group of special interests is not really earmarking, now is it? selfish. I do not know if it is selfish. I Total ...... 6,840,886,002 And I suppose that earmarking 100% do know it is wrong. A number of Source: U.S. Department of Transportation, Federal Highway Administra- of the section 3 bus money, to the tune groups agree, the National Taxpayers’ tion. of $333 million, for 81—count ’em—81 Union, the Citizens Against Govern- This is the amount of spending out of specific projects is not really earmark- ment Waste, the Concord Coalition, the the highway trust fund, authorized to ing funds at all. Citizens for a Sound Economy. be obligated for needed highway and Or what about the section 3 new We do not need another entitlement. transit projects across the Nation, that starts; $80 million here, $130 million We do need a Congress willing to make H3520 CONGRESSIONAL RECORD — HOUSE April 17, 1996 tough decisions to protect future gen- (Mr. KOLBE asked and was given per- compact with the American public, erations and to stand up to special in- mission to revise and extend his re- pledging to its citizens that in ex- terest groups. marks.) change for a gasoline tax a transpor- Mr. SABO. Mr. Chairman, I yield 3 Mr. KOLBE. Mr. Chairman, first of tation trust fund would be established. minutes to the gentlewoman from Con- all, let me begin by saying congratula- The money generated by the tax was to necticut [Mrs. KENNELLY]. tions to my colleagues. We do not hear be used strictly for transportation and Mrs. KENNELLY. Mr. Chairman, I too often this kind of policy debate infrastructure development. Forty thank all the gentlemen here in charge that completely crosses party lines and years later, Americans continue to up- of the time for the excellent work they really is on a policy issue. I think ev- hold their end of the bargain. Ameri- have been doing. eryone is to be commended for really cans pay 18.4 cents Federal tax on Mr. Chairman, like others, I support getting into this policy debate here. every gallon of gas they purchase and a needed investments in our transpor- Let me make it clear where I stand 10-percent excise tax on all airline tation system. The First District of on this. I do rise in strong opposition tickets. Last year alone, these taxes Connecticut relies on its roads, bridges, to the so-called Truth in Budgeting added up to nearly $30 billion. and airports to be its economic and Act, H.R. 842. The title of it certainly I find it simply inexcusable that the commercial links to the rest of the sounds great, but the fact of the mat- Government refuses to release these country and the world. ter is it is a device for increasing the funds at a time when our Nation’s in- But while we may have nearly end- already huge $5 trillion national debt frastructure is crumbling. It is esti- less transportation needs, we don’t that we have. The title of it is mislead- mated that more than $300 billion is have an endless supply of tax money. ing and the result is it is going to be needed to remedy our unmet transpor- And although transportation must be a very costly. tation and infrastructure needs. top priority, there are tough choices to It does something that we already do By failing to use these funds for their be made about where our limited fund- too much, and that is have a shell intended purpose, the Federal Govern- ing goes. Taking these trust funds off- game, with that chart that we saw here ment has broken its promise and vio- budget shelters them from those hard earlier by the chairman of the Commit- lated the principles that are central to decisions. tee on Appropriations with over half of In 12 of the last 15 years, we have the notion of a trust fund—the term all Federal spending off budget. This ‘‘trust fund’’ in this case is a true spent more from the trust funds than simply moves another piece of it off taxpayers put in. Taking them off- oxymoron. budget so it is not amenable to the As a former Washington County, PA, budget will tilt the playing field even changes that Congress would make more toward transportation, at the ex- commissioner, I witnessed first-hand through the appropriation process each the vital role a strong and viable trans- pense of other priorities and at the ex- year. It is a shell game. We call it tak- portation system plays in stimulating pense of deficit reduction. ing it off budget, but in plain English, our Nation’s economy. The Monfayette Calling the trust funds off-budget it means the spending is going to be ex- Expressway in my district is a classic does nothing to change the reality that empt from the rules that apply to example of this premise. Studies our budget is out of balance. In fact, other Federal spending. In essence, we around the world have shown a strong this bill would put us $20 billion more are creating yet another new entitle- correlation between infrastructure de- in the red over 5 years. ment program that just grows and velopment and sustained economic I urge my colleagues to support fiscal grows without regard to the already growth. responsibility and oppose H.R. 842. overblown Federal deficit. The result It is simply unfair for the Federal Mr. SHUSTER. Mr. Chairman, I yield would be that transportation simply Government to limit economic devel- 1 minute to the distinguished gen- does not get the same scrutiny as edu- opment opportunities by hoarding the tleman from Michigan [Mr. EHLERS]. cation, defense, a lot of our national transportation trust funds to mask the (Mr. EHLERS asked and was given parks do when it comes to prioritizing Federal deficit. permission to revise and extend his re- and controlling Federal spending. marks.) Because of that, I think it is inevi- Today, Congress has an opportunity Mr. EHLERS. Mr. Chairman, I appre- table that this kind of spending rises to fulfill the agreement that was estab- ciate the opportunity to comment. ever faster. To balance the budget, lished between the Federal Govern- From my background of 8 years in then all other parts of the budget have ment and the American people in the local government, 11 years in State to take an even harder hit, that is, the 1950’s. I support Chairman SHUSTER and government dealing with balanced increasingly shrinking part of the dis- ranking member OBERSTAR’s efforts to budgets every year, I rise to support cretionary pie of spending, so we have return these trust funds to their right- this bill and urge its passage. I recog- to increase taxes. And I think we all ful owners—the American people. I nize the original purpose of taking know that is not acceptable. urge all Members on both sides of the these funds and putting them on the The fact of the matter is that Wash- aisle to vote for the Truth in Budget- budget was to hide the deficit during ington has spent more from the high- ing Act, H.R. 842. the Vietnam war, and for some years it way trust fund than it has received in Mr. OBERSTAR. Mr. Chairman, I served that purpose. earmarked tax in 12 of the last 15 yield such time as he may consume to Mr. Chairman, I also recognize that years. In 1994 alone, the Federal Gov- the gentleman from the Virgin Islands now we do not perform that practice ernment collected $18 billion into the [Mr. FRAZER]. anymore. We do not try to use these trust fund but it spent $22 billion on (Mr. FRAZER asked and was given funds to hide the deficit. At the same trust fund programs. The real issue permission to revise and extend his re- time, the public is angry. They still here is whether or not we should be re- marks.) perceive this money as being diverted turning these programs to the States Mr. FRAZER. Mr. Chairman, as a co- to other purposes. They still perceive anyhow, whether we should set the sponsor of this legislation, H.R. 842, I this as being used to mask the deficit, standards and return them. I urge my understand the importance of investing and we have to get away from that per- colleagues to vote against this legisla- in our infrastructure. On September 15 ception or it is going to hurt our ef- tion. of last year, the U.s. Virgin Islands was forts to build a transportation infra- Mr. OBERSTAR. Mr. Chairman, I devastated by Hurricane Marilyn. structure in this country. yield 2 minutes to the gentleman from Today we are still trying to repair I urge that we now do what is right, Pennsylvania [Mr. MASCARA]. the economy. we do what is fair, that we take the (Mr. MASCARA asked and was given The CHAIRMAN. The Chair wishes to trust funds off budget, that we use permission to revise and extend his re- inform the manager that the time of them for the purpose they are intended marks.) the gentleman from the Virgin Islands for, that we pass this bill and we re- Mr. MASCARA. Mr. Chairman, I [Mr. FRAZER] will be taken from the store the trust in the trust fund. thank the gentleman for yielding me time of the gentleman. Mr. SHAYS. Mr. Chairman, I yield 2 time. Mr. OBERSTAR. Mr. Chairman, the minutes to the gentleman from Ari- During the Eisenhower administra- gentleman is recognized for a unani- zona [Mr. KOLBE]. tion, the Federal Government forged a mous-consent request, not for the time. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3521 Mr. SHUSTER. Mr. Chairman, is it Next week the Budget Committee, on spending was exempted from budgetary true that the gentleman may put his which I am privileged to serve, is controls ‘‘transportation spending entire speech in the RECORD? scheduled to begin the process of put- could increase significantly.’’ The Gen- The CHAIRMAN. The gentleman’s ting together the budget resolution for eral Accounting Office made a similar statement may be entered into the fiscal year 1997. This process will re- point: ‘‘Whatever the immediate effect RECORD under the unanimous-consent quire many tough choices as priorities on the deficit, exempting one type of request. are set among worthy programs. All spending from the Budget Enforcement Mr. FRAZER. Mr. Chairman, am I programs will be required to make sac- Act makes it likely that such spending being made to understand that it is rifices in the effort to achieve a bal- will increase over time.’’ Similarly, the less than 1 minute that I requested, anced budget by 2002. My guess is that reserved Fed Chairman Alan Greenspan that I merely submit for the RECORD? not a single program will receive the said that taking trust funds off-budget The CHAIRMAN. If the gentleman full amount of funding that its advo- ‘‘could weaken the ability of the Con- from Minnesota wishes to recognize the cates would like. But essentially all gress to prioritize and control gentleman for 1 minute. programs will be together in the same spending * * * [and] could engender Mr. SABO. Mr. Chairman, I yield 1 boat, competing for priority status as cynicism in financial markets and the minute to the gentleman from the Vir- we seek to determine how best to allo- public at large about the commitment gin Islands [Mr. FRAZER]. cate the revenues coming into the U.S. and ability of government to control Mr. FRAZER. Mr. Chairman, I recog- Treasury. Federal spending.’’ nize that the Territory of the Virgin Is- This bill is an effort to circumvent This year, much ado has been made lands does not have a vote in this insti- this process for one segment of the about differences in scoring between tution, but it seems as though the pro- budget. The debate today is really the CBO and the OMB, but the two are ceedings are becoming so that the Ter- about whether the transportation trust in agreement about this issue. They ritory of the Virgin Islands does not funds should be exempted from the pri- both have estimated that this bill even need to be represented in this in- ority-setting process that tests every would allow transportation spending to stitution. other program. A vote for this bill says increase by $20 billion above an in- Mr. Chairman, I want to thank that spending on transportation pro- flated baseline and $40 billion above Chairman SHUSTER and ranking mem- grams automatically should receive a 1995 levels over the next 5 years. I ber Mr. OBERSTAR for bringing H.R. 842, higher priority than every other pro- know that the drafters of this legisla- the Truth in Budgeting Act to the gram of the Federal Government. tion claim that the bill is deficit neu- floor. We have heard good augments today tral but they are not the referees who As a cosponsor to this legislation I about the value of investing in our na- score Federal spending; CBO and OMB understand the importance of investing tional infrastructure. I agree with are the two entities we count on to do in our infrastructure. On September 15, much of what was said but I disagree that job. At a time when programs for 1995, the U.S. Virgin Islands was dev- with the venue. This debate should be education, health, senior citizens, astated by Hurricane Marilyn. Today, heard in the midst of augments about youth jobs, scientific research and so we are still trying to rebuild our econ- the value of every other program, not many other important programs are omy. The first step in rebuilding our standing alone without programmatic being cut or given increases well below economy is our infrastructure. The air- competition for numerous hours on the inflation, I have a hard time justifying ports, highways, and ports in the Vir- House floor. a $40 billion increase straight out of gin Islands are the keys to our eco- We’re talking about much more than the gate for transportation spending. nomic prosperity. the simple bookkeeping activity of Finally, granting special status to The economy of the Virgin Islands is moving the trust funds onto a different the trust funds will undermine the based on tourism. In order for our side of the ledger. The real impact of principle of shared discipline which is economy to grow, we must have a the bill is in removing trust funds from so critical to building consensus for strong infrastructure. Our airports and the statutory budget enforcement reaching a balanced budget. Supporters highways must be fully operational and mechanisms and, to a lesser extent, the of all other Federal programs, under- functional so that they can generate congressional budget process. Cur- standably, will be far less willing to ac- the revenue which will create jobs and rently, spending from the trust funds is cept cutbacks in their own programs if funding for infrastructure develop- subject to the discretionary spending transportation, or any other specially ment. Constituents pay to use these limits or pay-as-you-go rules. The dis- anointed program, is exempt from services and they are entitled to re- cretionary caps have been quite suc- sharing the burden. The credibility of ceive a benefit. cessful in controlling discretionary the process will be severely under- The aviation trust fund allotment for spending and have played a major role mined by the contrast of transpor- the Virgin Islands in 1994 represented in the significant deficit reduction tation spending receiving a full infla- $3 million. A reduction in funding for we’ve witnessed in the past 4 years. tion increase plus as much as $20 bil- the Virgin Islands would have a nega- In my opinion, we should be expand- lion beyond inflationary increases tive impact on our ability to rebuild ing the spending caps to cover all pro- while other programs losing in actual our economy. grams, not reducing the number of pro- dollar terms. Mr. Chairman, I urge my colleagues grams subject to the caps as this bill H.R. 842 also will make it more dif- to vote ‘‘yes’’ on H.R. 842, so that we seeks to do for transportation spend- ficult to implement a deficit enforce- can use these funds to rebuild our in- ing. Spending form the trust funds ment mechanism along the lines of the frastructure. would have greater protection than one included in the Coalition budget by Mr. SABO. Mr. Chairman, I yield 5 any other spending program. Even So- exempting trust fund spending from se- minutes to the gentleman from Texas cial Security spending is subject to questration. One of the weaknesses [Mr. STENHOLM]. pay-as-you-go rules. that led to the failure of Gramm-Rud- (Mr. STENHOLM asked and was During the debate Monday evening man was that it exempted a large num- given permission to revise and extend regarding the tax limitation constitu- ber of programs from sequestration, his remarks.) tional amendment, there was a lot of thereby reducing the number of people Mr. STENHOLM. Mr. Chairman, I rhetoric about the need to control Fed- who have a stake in reducing the defi- rise in strong opposition to H.R. 842. I eral spending. I cannot understand how cit. Taking the trust funds off budget refer to the bill by number rather than any Member who voted to amend the would mean that the transportation in- name because I feel this legislation Constitution on Monday evening, or for dustry would not have a stake in ensur- promotes anything but truth in budg- that matter any Member who claims to ing that a balanced budget plan works, eting, at least if that budgeting is sup- care about deficit reduction, can vote because they would not be affected by posed to be aimed in the direction of for a bill that will make it much easier its failure. balance. In fact, this bill would reduce for Congress to increase spending with- If you are serious about controlling controls on Federal spending, the exact out accountability. Government spending, if you believe in opposite of what we should be doing as The Director of the Congressional the importance of a fair budget proc- we work toward a balanced budget. Budget Office stated that if trust fund ess, if there are other Federal programs H3522 CONGRESSIONAL RECORD — HOUSE April 17, 1996 that you rank at least of equal impor- This is a simple fact of life. We must be structure so that they can designate tance with transportation programs, able to spend the gas taxes we collect on our money that has to be spent that cannot then vote against this bill. future transportation program or we will be se- be vetoed by the President under line- b 1315 verely limited in the flexibility and creativity item veto. necessary to address today's transportation Now, what this bill attempts to do is Mr. SHUSTER. Mr. Chairman, I yield needs. For example, like more than a majority remove all of that spending from the such time as she may consume to the of House Members, I represent a donor State Committee on Transportation’s au- distinguished gentlewoman from Flor- and want to revise the current outdated and thority, to remove it from the budget ida [Mrs. FOWLER]. inequitable formulas. process so that there are no other fis- (Mrs. FOWLER asked and was given But, this will be hard to do, if not impossible cal restrictions or restraints that permission to revise and extend her re- to do, with a shrinking programÐa program would require us to consider all spend- marks.) funded entirely by user fees that may be cut ing within one specific decisionmaking Mrs. FOWLER. Mr. Chairman, I rise in sup- by as much as 40 percent according to some process. port of H.R. 842, the Truth in Budgeting Act. budget projections. This vote is important to That is bad fiscal policy, it is bad This bill will accomplish three goals. the ISTEA reauthorization. budget policy; I would urge my col- First, it will restore honesty with the Amer- Don't be scared off by exaggerated claims leagues to vote against it, and I will ican taxpayer. The transportation trust funds make by opponents of this bill. There is no submit into the RECORD a letter from are comprised of user feesÐtaxes paid by general fund subsidy of the highway trust the Citizens Against Government transportation users with the express under- fund. Waste explaining why this is a bad bill. standing that their collection will be used to fi- The vast majority of general fund transpor- Mr. SHAYS. Mr. Chairman, I yield nance transportation improvements. To have tation spending that opponents have cited is 61⁄2 minutes to the gentleman from these funds as part of the budget, masking the from the now-defunct revenue sharing pro- Ohio [Mr. KASICH], the chairman of the deficit, and not spent on transportation needs gram, the community development block grant Committee on the Budget. is simply not fair. program, spending by nontransportation agen- Mr. KASICH. Mr. Chairman, it is al- Second, the bill will spur economic growth. cies, and other specific programs approved by ways a little bit frustrating when we Transportation represents 17 percent of the the Appropriations Committee that are totally come to a vote on a bill like this, that American economy. Transportation improve- separate from and hardly relevant to the high- we wonder whether people who are ments benefit us all and the use of these sur- way trust fund, the Federal-aid highway pro- going to be voting on this, or their plus funds will go a long way toward providing gram, and this debate today. staff, are paying attention. Well, I a boost for America's economy. In fact, it's the other way aroundÐlimitations guess, without a rollcall or anything Third, every single State will benefit in in- on trust fund spending have subsidized other like that, we just rely on the fact that creased transportation funds from enactment general fund spending. those wonderful staff people have their of this bill. Had the transportation trust funds This bill is not a budget buster and it will not eyes focused on this chart and what the been off budget since 1991, my State of Flor- automatically increase the deficit by some $30 impact is of this legislation. ida alone would have received an additional billion as some have claimed. Appropriate Now, this highway trust fund was es- $241 million. As a donor State to begin with, controls and Congressional authority remain in tablished in, I believe, 1956, and what this amount would help offset our significant place. But H.R. 842 will go a long way toward we have done is we have added up cu- transportation needs. ensuring that, in the future, the user fees and mulatively all the money that has ever I urge my colleagues to support this bill and taxes we have imposed on the traveling public been collected from taxpayers in high- return fairness to these user fees. and which are paid so dutifully by them day in way taxes to pay for roads. We added it Mr. SHUSTER. Mr. Chairman, I yield and day out, will be spent for their intended all up from 1956 to 1996. The total 1 minute to the distinguished gen- and lawful purpose. Not to do so is dishonest amount of money collected in highway tleman from Wisconsin [Mr. PETRI]. and unfair to the American public. gasoline taxes to pay for highways to- Mr. PETRI. Mr. Chairman, I rise in Vote ‘‘yes’’ on H.R. 842—it’s the right tals $214 billion. Now, we added to that strong support of this bill which is crit- thing to do. that interest that we owe from just the ical to the future of our transportation Mr. SABO. Mr. Chairman, I yield 2 highway section, and that adds up to systems. minutes to the gentleman from Utah $21 billion, for a grand total, and think According to the U.S. Department of [Mr. ORTON]. of this as some kind of a telethon, a Transportation, nearly 25 percent of Mr. ORTON. Mr. Chairman, I thank grand total of what we have raised our Nation’s bridges are structurally the gentleman from Minnesota for since 1956, of $235 billion from our tax- deficient or functionally obsolete, and yielding this time to me. payers in fuel tax to fix our roads. over 30 percent of our interstate pave- I rise in opposition to this bill, not Let me stress that number again: $235 ment is in poor or mediocre condition. because I oppose spending the trust billion total collected, plus interest. The average fleet age for our transit fund obligations for the purpose for Trust fund spending has been $228 bil- buses is greater than the useful life of which they were incurred. In fact, I lion. In other words, my colleagues, we those vehicles. would favor legislation that would collected $214 billion in gas tax money And yet, because of obligation limi- mandate that the trust funds be ex- to fix the roads. But consistent with tations imposed in annual appropria- pended for that very purpose, that everything else we do in this town, and tions bills, the ISTEA highway pro- would prohibit expenditures from the unlike what families do, instead of gram has been under funded by $6.8 bil- general fund, that would require us to spending $214 billion on fixing roads, lion over the past 5 years. Let me be raise the user fees if we need to spend we spent $228 billion, and then when we clear, this $6.8 billion was fully budg- more money. I am all in favor of that, add to that the money beyond the trust eted for and could have been supported but that is not what this bill does. fund money, that is another $63 billion, by the highway trust fund. Each Mem- We have limitations placed upon the another $63 billion, for a grand total, a ber can look at this table here on the budget process for one purpose. The grand total since 1956, of $291 billion. floor and clearly see the funding his or whole Budget Act of 1974 that we are We have collected and had interest her State has lost. operating under was placed there for that cumulates $235 billion, and we This is $6.8 billion of contract authorityÐac- one purpose, to put fiscal restraints in have spent $291 billion on highways. counted for and contained in the budget reso- place so that we would have to make Now, anyway, and I have got limited lutionÐwhich States have not been allowed to all of the decisions within the same time and we got a whole lot of debate use for transportation improvements. context of a budget. going, let me just do this thought. The The Surface Transportation Subcommittee The purpose for the line-item veto simple fact is, as my colleagues know, is now beginning the process of reauthorizing was to allow the President to say here the argument here, the argument in ISTEA. The future budget authority provided is certain spending that ought not to this body, is somehow the people have and the size of the program will be a deter- be spent. There is one area of spending been cheated, somehow they have paid mining factor in the type of transportation pro- that is exempt from the line-item veto. a lot of money in gas taxes, and they gram we can enact to lead us into the 21st It is contract authority from the Com- have not got the roads fixed for the century. mittee on Transportation and Infra- money they paid. Well, that is not April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3523 true. Frankly, what we have done is, b 1330 (Mr. BORSKI asked and was given we have one more time gone into the Do not support this bill. Reject it. We permission to revise and extend his re- piggy bank of our children. We have can continue to have robust highway marks.) gone into their piggy bank to have spending if we deem that to be a top Mr. BORSKI. Mr. Chairman, I want more money spent on roads. priority, but keep this total spending to thank the distinguished gentleman Now, it should be equal. It is not within the decision-making that we all for yielding time to me, and commend equal. We have overspent on highways make in this Congress. But no one him and our outstanding chairman of from what we were dedicating revenue should come here thinking that some- the subcommittee for the great work to fix roads with. It is not complicated. how we have cash. they have done in bringing this bill to Now, if my colleagues want to take This is what we spent, 291. This is the floor today. this thing off budget, let me just give what we collected, 235. No one should Mr. Chairman, today is our oppor- them the bottom-line impact. To ev- think that we have underspent or tunity to restore honesty and truth to erybody in this Chamber: taken our highway money and used it the Federal budget by voting to take If you spend any of this accumulated for something else. It just simply is not the transportation trust funds off interest, then what you are doing is true. Let us be honest with the public budget. you got to do one of two things. You on the way in which we add our num- Chairman SHUSTER and Ranking are either going to raise the deficit, bers up. Member OBERSTAR deserve high praise which means you got to borrow more Mr. SHUSTER. Mr. Chairman, I yield for their outstanding efforts to bring money and increase the national debt, myself 30 seconds. this bill to the floor. or you got to cut some other program. Mr. Chairman, I would respond to the Mr. Chairman, it makes no sense to It is not a confusing, complicated deal. distinguished gentleman, it is very me that we would ask the American It is one or the other. Now, under the true, if you go back in history, there people to pay taxes for these transpor- current situation, if you want to spend was substantial general fund money tation trust funds and then not use the more on roads, and I am not opposed to spent on highways and other transpor- money. doing that because roads is infrastruc- tation projects. CDBG grants were These are dedicated funds that ture, and if the roads are not deter- spent, revenue sharing was spent. All should be used for their intended pur- mined by pure politics, they can gen- of this is true, back in history. It also, pose—the improvement of our Nation’s erally help the economy. But I do not interestingly, indicates how important transportation system. think we ought to put roads above any- transportation is to local communities. Sitting on these dedicated funds thing else. Nevertheless, nobody disputes that. which cannot be spent for anything I mean we can develop a But Mr. Chairman, facts are stubborn else is simply a fraud on the American supercomputerized system, as individ- things. Does anybody in this body dis- people. ual instruction for our children using pute the cold, hard fact that there is We have been lying to the American computer technology. Frankly, that is over $30 billion in the transportation people by telling them to pay their gas more effective to me than just making trust funds today? Nobody disputes it. taxes and airline ticket taxes for an roads a priority. It is a fact. That is the balance in the improved transportation system and Look, the reason why we are coming trust fund. We should spend that to the floor and what contractors think then not investing the money in trans- money in a rational, careful way. portation. and what a lot of people think is, as my Mr. SABO. Mr. Chairman, I yield my- colleagues know, we did not spend all In Philadelphia, we are faced with a vital self 30 seconds. need to rebuild Interstate 95, our key com- the money we took in, that we got this Mr. Chairman, I listened to the argu- muter and freight route that is used by shoebox full of cash. We got this ment of our good friend, the gentleman 150,000 vehicles a day. shoebox full of cash to build all these from Pennsylvania. It would strike me In the last month, I±95 has been closed and roads, and the simple fact of the mat- that if one followed that logic, one then restricted because of a fire that damaged ter is we ‘‘ain’t’’ got no shoebox. We do should say that I think there is a sur- the structure. not have any cash in the back drawer. plus today in the Medicare fund, and We have had massive traffic jams that have This involves borrowing. It involves we should spend it all today and it lasted the entire day, disrupted the surround- our children. That is what it involves. would not impact the deficit. That ing neighborhoods, and produced chaos So I say to my colleagues, if they would be about the same logic. want to come to the floor and pull this Mr. Chairman, I yield 1 minute to the throughout the area. The Pennsylvania Department of Transpor- off budget, fine. They can vote that gentleman from Wisconsin [Mr. OBEY]. way. They can vote that way, and just Mr. OBEY. Mr. Chairman, I just tation planned to invest $2 billion to make understand the consequences: We ei- wanted to follow up on what the gen- I±95 the highway of the 21st century. ther are going to have to borrow more tleman from Ohio [Mr. KASICH] was Just this year, the Penndot plan was re- money and drive up the deficit or we saying, to make this point. In 12 of the duced to a $176 million resurfacing that will are going to have to cut other pro- past 15 years, the highway trust fund not solve our traffic problems and must be grams which we struggle to avoid doing expended more than it collected in redone in 5 years. in this Chamber, create tougher prior- dedicated taxes. In 12 of the years since By not investing the money in the trust ities. that trust fund’s inception in 1956, the funds, Washington is telling America's drivers So, I mean, I give a lot of credit to highway trust fund expended more who are sitting in traffic jams to get used to it. the gentleman from Pennsylvania. I than it collected in both dedicated It makes no sense to have a $20 billion bal- have never seen anybody more tena- taxes and interest paid into the trust ance in the highway trust fundÐincluding cious on an issue. He believes in this fund from the general fund. $312 million for investment in PennsylvaniaÐ program, and I respect him for it. It is I repeat that. In 12 years since 1956, it when the money should be used for the re- not a personal fight with anybody in expended more than it collected in construction of I±95 and the many other roads this Chamber. It really is a matter of both taxes and interest. We are not throughout Pennsylvania that badly need im- whether we are going to get our fiscal saying do not spend money on high- provement. house in order and not put one priority ways. I believe in spending money on A vote against H.R. 842 is a vote against ahead of another in times when we highways. I am a strong supporter of using this money to reconstruct I±95 and the have got to choose or raise the na- that. But count it, just like you count many roads like it. tional debt. everything else in the budget. It may be a vote to fund other programs but So I would urge my colleagues to The gentleman from Ohio [Mr. KA- it is a vote against reconstructing I±95. keep our plan on schedule, and the gen- SICH] is exactly correct. We have had a In Philadelphia, our transit system, Septa, is tleman from Virginia said this will be very large excess expenditure above an absolutely key part of our regional trans- the end of balanced budgets. I am not revenues out of this fund, and people portation system, carrying more than 1 million going to be that gloomy here today. ought to recognize that. passengers each weekday. But it certainly makes our job more Mr. OBERSTAR. Mr. Chairman, I Without Septa, we would have more traffic difficult. Do not support this bill, re- yield 1 minute to the gentleman from congestion requiring more roads and more ject it. Pennsylvania [Mr. BORSKI]. parking facilities. H3524 CONGRESSIONAL RECORD — HOUSE April 17, 1996 Right now, Septa is in trouble. Septa needs to stand at their gas pump and to tell dutifully paying their gasoline tax for more money for upgrading track, stations, and each one of your constituents after you 40 years. What have they received in equipment. shake his or her hand, do you know return? 176,000 miles of American high- The entire Philadelphia region loses if Septa that part of the tax that you are pay- ways in mediocre to poor condition. Se- is allowed to continue on a downward spiral. ing with each gallon of gas is going to- vere road congestion on 30 percent of An improved, modernized Septa system ward payment of welfare costs, toward our Nation’s major roads. A $290 billion benefits everybody in the region. foreign aid? Because that is the result backlog of bridge repair work. At the same time we have allowed a $9.6 of not spending their fuel tax for the Polls show that 72 percent of the billion cash balance to build up in the transit dedicated purpose, just the opposite of American people believe the motor fuel accountÐmoney that our Nation's transit sys- what the opponents of this legislation fee is the fairest way to finance high- tems desperately need. are saying. way improvements. They want their A vote against H.R. 842 is a vote against The opponents are saying that if we money to go toward protecting our in- using this money to help Septa and other tran- go through with this plan as envisioned vestment in our Nation’s infrastruc- sit systems. It is a vote against transit. by this bill, we will be robbing our so- ture. But this shell game being played It may be a vote to support some other pro- cial programs of moneys. That means with the moneys in the highway trust gram but it is a vote against transit. they must be paying for them now fund has only delayed this badly need- Philadelphia international airport has been through the fuel tax that they are pay- ed investment and helped fuel the pre- trying to get funds to build a new commuter ing. Is that not the obvious, logical vailing cynical attitudes people have runway that will increase capacity by 40 per- conclusion? Truth in budgeting means toward their elected officials and Gov- cent. that the American people, to whom we ernment. Annual operating delays at Philadelphia cost owe full faith and credit, have a right Let’s stop the charade and pass H.R. airlines more than $70 million in wasted fuel to expect that their fuel tax goes for 842. and labor costs. nothing but highways. Mr. SHUSTER. Mr. Chairman, I am At the same time, however, we have al- Mr. OBERSTAR. Mr. Chairman, I pleased to yield 1 minute to the gen- lowed a balance of $11 billion to grow in the yield 2 minutes to the gentleman from tleman from Tennessee [Mr. DUNCAN], aviation trust fund. Tennessee [Mr. CLEMENT]. the distinguished chairman of the Sub- A vote against H.R. 842 is a vote against (Mr. CLEMENT asked and was given committee on Aviation. funding projects such as the Philadelphia com- permission to revise and extend his re- Mr. SABO. Mr. Chairman, I yield 30 muter runway. marks.) seconds to the gentleman from Ten- Mr. CLEMENT. Mr. Chairman, I It may be a vote to use the transportation nessee [Mr. DUNCAN]. thank the gentleman for yielding time trust funds for some other program but it is a The CHAIRMAN. The gentleman to me, and I also thank the gentleman vote against airport projects. from Tennessee [Mr. DUNCAN] is recog- from Pennsylvania [Mr. SHUSTER], the The inland waterways trust fund and harbor nized for 11⁄2 minutes. chairman of the committee. maintenance trust fund are also crucial ele- Mr. Chairman, I rise in strong sup- (Mr. DUNCAN asked and was given ments of this bill. port of H.R. 842, the Truth in Budget- permission to revise and extend his re- The Nation's ports handle more than 1 bil- ing Act and ask unanimous consent to marks.) lion tons of cargo annually, including 95 per- revise and extend my remarks. Mr. DUNCAN. Mr. Chairman, I rise in cent of our international trade. Mr. Chairman, I commend the leader- strong support of H.R. 842, introduced Many ports are in a crisis today because of ship of our committee, Chairman BUD by the very capable chairman of the the need to expand capacity to meet new SHUSTER and Ranking Member JIM Transportation Committee. trade demands. It is estimated that $600 mil- OBERSTAR, for introducing this legisla- I do not want to repeat many of the lion will be needed for ports during the next 5 tion to take the transportation trust comments that have already been made years to keep pace with the growth of com- fund off budget. I want to share with here today. But let me say that this, merce. my colleagues why I cosponsored this Mr. Chairman, our Nation needs this The outdated and antiquated locks and bill. legislation. dams of our inland waterway system hinder President Eisenhower was a vision- No one disputes the fact that we need shipments and require additional investment. ary when he created the highway trust to spend more than we presently are to More than 40 percent of the locks are more fund in 1956. He knew that by creating repair, maintain, upgrade, and improve than 50 years old and one is 150 years old. a new trust fund where those who bene- our Nation’s highway and aviation sys- Mr. Chairman, a vote for H.R. 842 is a vote fit from the transportation program tems. for honesty in budgeting and for investment in pay for the program, a steady, depend- I have been very fortunate to serve as economic growth. able stream of revenue would ensue. the chairman of the Aviation Sub- We have told the American people to pay For many years the trust fund worked committee for 16 months now, so I will their money for transportation. Not spending as promised: motorists paid into the speak to the serious needs in our Na- the money is fraud. fund and in return they received high- tion’s aviation and air traffic control Our long-term transportation needs are im- way construction and transportation system. Air passenger traffic is going portant enough to take the trust funds off improvements. to double in the next 10 years, from budget and increase our investment. Each $1 But when Congress created a unified over 500 million a year now to almost 1 billion of investment in infrastructure creates budget in 1968, the word trust was re- billion 10 years from now. 42,000 jobs. moved from the highway trust fund. I I am one of the most fiscally conserv- We should take the trust funds off budget looked up the word trust in Webster’s ative Members of this House, so I have and use the money the American people have Dictionary, and this is what it says: been very frugal in what and how we already paid. trust is a dependence on something fu- spend the taxes that are sent here from Mr. Chairman, 6 years ago, we took the So- ture or reliance on future payment. hardworking Americans. cial Security trust fund off budget. This is the Webster’s also defines trust as: to com- Mr. Chairman, as it has been said exact same situation. mit or place in one’s care or keeping. earlier, this issue is a question of fair- Let's put trust back in the transportation Mr. Chairman, I submit to you that ness to the taxpayer. trust funds and pass H.R. 842. after I read those definitions it became It is a question of whether or not we should Mr. SHUSTER. Mr. Chairman, I am clear to me that the word trust in keep our commitment with the people who pay pleased to yield 1 minute to the distin- highway trust fund has no meaning. taxes, to this Federal Government, every sin- guished gentleman from Pennsylvania Why do I say that? Because over time gle day of the year. [Mr. GEKAS]. the Government has collected but Every time a person gets on a plane. He or Mr. GEKAS. Mr. Chairman, I thank withheld and diverted nearly $31 billion she pays taxes. Every time a person puts gas the gentleman for yielding time to me. in trust fund dollars. This is money in their car, he or she pays taxes. Mr. Chairman, by passing this legis- that should have been going to our Na- Many years ago, Congress established a lation, we will be moving smartly from tion’s infrastructure. policy, a pact, with the American people. If fuel tax fudging to truth in budgeting. Americans have faithfully supported you pay these taxes, we here in Congress will How many of the Members would dare the concept of a highway trust fund by turn around and spend them on repairing our April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3525 highways and bridges and we will update our travel? Has not, in effect, general reve- Mr. SHUSTER. Mr. Chairman, I yield antiquated air traffic control equipment. nue substantially subsidized the oper- 1 minute to the gentleman from Cali- Mr. Chairman, the aviation trust fund was ation of FAA over the last several fornia [Mr. MCKEON ]. established in 1970 to help bring our air traffic years? Mr. MCKEON. Mr. Chairman, I rise control system up to speed. But as we all Mr. DUNCAN. To some extent, yes. today in support of H.R. 842, and com- have seen this has just not been the case. That is correct, I would say to the gen- mend Chairman SHUSTER for the work Last year, air traffic control centers suffered tleman from Minnesota. he has done to bring this bill to the more blank radar scopes, dead radios, Mr. OBERSTAR. Mr. Chairman, I floor. downed computers, and failed power systems yield myself 30 seconds. Mr. Chairman, I rise today in support than in any previous year. Mr. Chairman, the answer to the of H.R. 842, legislation to separate the This 30-year-old equipment causes air- question is that 75 percent of the over- four transportation trust funds from planes to be delayed and certainly shakes all budget of the FAA is funded out of the unified Federal Budget. Before public confidence in the safety of flying. the trust fund revenues. There is an ad- being elected to Congress, I served on a There have been air traffic computer failures ditional amount that is paid out of city council and listened to many resi- at FAA centers near Chicago, Dallas, Cleve- general revenues from the DOD budget dents who were concerned about fund- land, New York, Pittsburgh, Boston, Atlanta, to account for air traffic control serv- ing basic infrastructure needs. These Houston, Oakland, and Miami. ices to the military, and some people, same citizens are under the mistaken In fact, just a few weeks ago the FAA is- some folks at OMB, account for the op- impression that the money they spend sued a coast-to-coast grounding for aircraft erating budget of FAA in a different every day on gasoline excise taxes will going to Pittsburgh airport because of an out- way in saying that the operating budg- be used to improve roads, bridges, air- age. et, salaries and expenses are 50 percent. ports, and waterways across the coun- While these outages have been occurring But that is an irrelevant argument. try. Mr. Chairman, I yield 2 minutes to more and more frequently, the aviation trust It is simply wrong to use the revenue the gentleman from Ohio [Mr. TRAFI- fund has taken in billions, at least $5 billion dedicated to these trust funds for any- CANT]. last year alone, not including the $1 billion in (Mr. TRAFICANT asked and was thing other than their original pur- interest. given permission to revise and extend pose—and we can act today to correct At the end of the last fiscal year, the avia- his remarks.) this matter. There are billions of dol- tion trust fund has a cash balance of nearly Mr. TRAFICANT. Mr. Chairman, if lars of unmet infrastructure needs in $11 billion. we listen to the opponents of this par- the United States and the sad thing is This enormous balance has not accumu- ticular bill, we would think that that we already have the money to pay lated because of any sound policy reason but Dwight David Eisenhower was the fa- for these projects—only it is not being rather as an accounting gimmick to help hide ther of pork in America. Ike was not a spent. The cost to the taxpayer and our the size of the Federal budget deficit. pork barrel President, and this is not Nation to rebuild these roads will only Mr. Chairman, experts have testified before just truth in budgeting, this is a truth increase if we continue to delay taking the Aviation Subcommittee that airport needs in financing, truth in borrowing. the four transportation trust funds off over the next 5 years will total $50 billion. I should have offered an amendment budget. I urge a ‘‘yes’’ vote. The FAA expects that air travel will increase calling for an investigation into con- Mr. SABO. Mr. Chairman, I yield my- from over 500 million passengers today, to gressional borrowing from trust funds. self 30 seconds. well over 800 million by the year 2005. This is These user fees are taxes. The Amer- Mr. Chairman, let us be straight a 56 percent increase in air travel. ican people pay taxes to fix their roads. about some facts. Since 1981, we have And, the FAA has reported that 23 airports The money going to this account is al- spent more than we have collected in across the Nation exceed 20,000 hours of ready going for other services. It is not receipts and interest in these funds. delay per year. true. This a good bill. The way we measure the deficit is ex- Unless significant capacity improvements Let us talk about this. Maybe we penditures versus revenue. In 1994 and are made, the FAA expects that by the year should take the Committee on Appro- 1995, the expenditures from the high- 2002, 33 airports will experience delays of priations and keep them on budget and way trust fund have exceeded total rev- 20,000 hours or more, costing millions of dol- take the trust funds off. H.R. 842 does enue. The same is true in the airport lars annually. not say these matters still do not go trust fund. They are not subsidizing In 1995, the aviation trust fund took in $6 through appropriation. They are still the balance of the budget. billion. The Administration has projected that subject to appropriation. The trouble b 1345 the aviation trust fund, under current law, will with America today is that everybody take in $9.2 billion in 2002, a 46 percent in- has their hands on trust funds. They Mr. SHUSTER. Mr. Chairman, I yield crease. should all have their own boards of di- 1 minute to the gentleman from Illi- Mr. Chairman, I believe Americans are pay- rectors. No one should be able to touch nois [Mr. LAHOOD]. ing too much already in taxes today. them. That Social Security trust fund (Mr. LAHOOD asked and was given Moreover, I have never voted for a tax in- is financing a debt, and we are not get- permission to revise and extend his re- crease since I have had the privilege of serv- ting the truth on the deficit or the na- marks.) ing in this body. tional debt. Mr. LAHOOD. Mr. Chairman, I would However, in my opinion, if we are not going There is no justification to use high- make the comment to the distin- to spend the taxes we collect for the purpose way money for anything else. There is guished chairman of the Budget Com- of which they were intended, then we should no justification to keep America sec- mittee and others who have been pro- return the money to the people. ond rate. This money has an intended moting a balanced budget that if we We must take the transportation trust fund purpose. There is a tax; not a user fee, take these off-budget and use them for off-budget so that we can spend the aviation a tax. That tax, Mr. Chairman, is di- their purpose, we would actually be taxes to improve the safety of the air traffic rected towards maintaining our infra- saving money, that we would not be control system. structure, fixing our roads, and the ap- spending in excess. That would answer We must pass H.R. 842 today and not wait propriators still have a say. their question. But I rise in strong sup- until a tragic aviation accident embarrasses The trouble is, if we are going to get port of this. I commend the gentleman Congress into taking action. some truth out of the whole budgeting from Pennsylvania [Mr. SHUSTER], the Mr. SABO. Mr. Chairman, will the process, tell us the truth of the na- chairman, and the gentleman from gentleman yield? tional debt, tell us the truth of the def- Minnesota [Mr. OBERSTAR] for the lead- Mr. DUNCAN. I yield to the gen- icit. You have been trying to mask it ership that they have exhibited over tleman from Minnesota. with this trust fund for too long. Open the last several months and years, I Mr. SABO. Mr. Chairman, I would it up, use it for what it was intended. would add. This bill is a product of ask the gentleman, why is it the trust Anything else is hypocrisy and maybe their tremendous efforts to restore fund only pays 50 percent of FAA oper- against the law. Damn it, I wish I had fairness and accountability and we ating costs, when all the studies show offered that investigation amendment. must have accountability in the trans- that 85 percent is related to civilian air I yield back the balance of these taxes. portation budgeting. In 1994 in my H3526 CONGRESSIONAL RECORD — HOUSE April 17, 1996 home State of Illinois, the gas tax fied budget. This is the same budgetary treat- that we are now subsidizing these trust amounted to $663 million. It is impera- ment given the Social Security and U.S. Post- funds, I am willing to live with reality. tive that these trust funds be used for al Service trust funds, and it is the right thing Let us only spend the dedicated taxes essential improvements and repairs to to do. Every day, millions of tax dollars are that we take in that are levied on the our infrastructure. collected through the sale of motor fuel and people of the United States, in gas Mr. Chairman, it is time that our airline tickets. These taxes are designed to taxes and in ticket taxes and other highways and airports receive the fund- build and maintain our transportation infra- taxes that support this infrastructure. ing they deserve and this can only be structure system. Unfortunately, because the Let us only spend that. done by moving the trust funds off- trust funds are part of the unified budget, their I am willing to live with that. Are budget. Keeping the trust funds as part positive balances have been wrongly used to they? No, they are not, because in fact of the unified budget has had a severe mask deficit spending. they are taking money out the back impact on my home State of Illinois Mr. Chairman, our continued investment in door to defray other expenses of the and the other States in the country. highways, airports, waterways and ports is of Federal Government. They are borrow- I urge my colleagues to support hon- critical importance to the 19th Congressional ing every penny that is accumulated in esty and fairness in the budgeting proc- District of Illinois. Taking the four transpor- the trust fund balance, and it has been ess and support this bill. tation trust funds off budget is a fair way to spent and replaced by IOU’s. Mr. OBERSTAR. Mr. Chairman, I ensure that tax dollars collected to improve It is also interesting to me that in a yield 1 minute to the gentlewoman and maintain our transportation infrasture, are Congress that is interested in growth from Missouri [Ms. MCCARTHY]. used for that purpose. I urge my colleagues to and investment, that we do not have a Ms. MCCARTHY. I thank the gen- join with me, and the other 224 cosponsors of little more discussion from some of tleman from Minnesota for yielding me H.R. 842, in supporting this important legisla- those in opposition about what it this time. tion. means to spend money that is invested. Mr. Chairman, I rise in support of Mr. SHUSTER. Mr. Chairman, I yield If you spend money in a bridge, a high- H.R. 842, the Truth in Budgeting Act. 1 minute to the gentlewoman from way, in mass transit, that money will For more than 40 years Americans have California [Mrs. SEASTRAND]. provide economic benefits for decades been contributing to transportation Mrs. SEASTRAND. Mr. Chairman, I to come. Yet we treat that the same as trust funds designed to ensure a safe, support the Truth in Budgeting Act. money spent for a one-time expendi- efficient, and reliable transportation You may ask why? I would like to give ture of something consumable and infrastructure. one example. thrown away by the Federal Govern- Since 1969, these trust funds have Federal highway transportation ment. Does that make any sense? It been included as part of the unified funds were designated to expand the makes no sense whatsoever. budget for the purpose of masking the Niblick Bridge in Paso Robles, within These funds are raised to be invested extent of our deficit spending. The my district. The funds were appro- to improve the transportation and in- budget chairman’s chart revealed priated, yet they could not be used im- frastructure of this country, and no what’s been spent—but no mention of mediately because an environmental one in this body can tell me or any the unmet needs of this Nation. In my impact statement needed to be con- other Member who is informed that we State of Missouri, we have more than ducted before the construction of the have met those needs, with bridges fall- $1.7 billion in unmet highway needs, in- bridge could commence. ing into the rivers and highways in dis- cluding 261 lane miles of 4-lane high- Hundreds of thousands of State and repair and mass transit going unbuilt. way needs, and 136 bridges in need of local dollars had been invested in re- We need to get these funds off-budget major repair or replacement. pairing the bridge and conducting the Mr. SHUSTER. Mr. Chairman, I yield Mr. Chairman, balancing the budget mandated environmental reports to 1 minute to the distinguished gen- was a priority when I campaigned for comply with regulations to build the tleman from New York [Mr. QUINN]. Congress, and I have worked hard to bridge. This took time. In fact, 4 years (Mr. QUINN asked and was given per- reach that goal. But in our quest for a to be exact. Because all the moneys mission to revise and extend his re- balanced budget, it makes no sense to could not be used immediately, the marks.) let our infrastructure fall into dis- budgeters wanted to rescind these un- Mr. QUINN. Mr. Chairman, I rise in repair. Each year we will find ourselves protected dollars to mask the deficit strong support of H.R. 842, the Truth in in a greater dilemma if we refuse to se- rather than use them for their intended Budgeting Act. riously address our many transpor- use, which is to repair and strengthen Mr. Chairman, I support this legisla- tation needs today. our existing transportation infrastruc- tion for many reasons because I believe The Truth in Budgeting Act will re- ture within the United States. that the infrastructure of our Nation is move the transportation trust funds Well, I believe that if you collect a vital to our economic viability. This is from the artificial constraints that tax for a specific purpose, then, by true, and it is backed up by statistics prevent needed money from being re- golly, you should use it for that spe- that say that more than 40 percent of leased. It will allow for greater invest- cific purpose. So for that reason, I urge highway use is by businesses and small ment in our Nation’s future, and re- my colleagues to strongly support the businesses alone. ward the American people’s commit- Truth in Budgeting Act. Mr. Chairman, I have heard from ment to a strong transportation infra- Mr. OBERSTAR. Mr. Chairman, I small businesses in my district that structure. yield 2 minutes to the gentleman from are currently paying the largest taxes. I urge my colleagues to support H.R. Oregon [Mr. DEFAZIO]. They are also the largest job producing 842. Mr. DEFAZIO. Mr. Chairman, we segment in my district and in districts Mr. OBERSTAR. Mr. Chairman, I have heard, I believe, some really in- all across the country. They make the yield such time as he may consume to teresting and creative accounting here largest contribution, small businesses the gentleman from Illinois [Mr. with the chart from the chairman of do, to these funds, and they want to POSHARD]. the Committee on the Budget and the make sure that these trust funds are (Mr. POSHARD asked and was given ranking member. They would have us restricted and they are not used for permission to revise and extend his re- believe that, over time and currently, other things than they are intended marks.) that we are spending more than we col- for. Mr. POSHARD. Mr. Chairman, I rise in lect in dedicated taxes to maintain the I have heard from a constituent in strong support of H.R. 842, the Truth in Budg- transportation infrastructure of our my district, Melvin Rupp, a small busi- eting Act. I am a proud cosponsor of this country, and they are most interested ness owner. If those in opposition to much needed legislation, because I believe it in balancing the budget and keeping this legislation think that the people reflects a strong commitment to improving and the books straight. back home do not know what it is maintaining our Nation's transportation infra- If that were true, then I am confused about, then they are sorely mistaken. structure. as to why the Committee on the Budg- Mr. Rupp and others in my district Very simply, H.R. 842 will take the four Fed- et chairman and the ranking member have urged me to do what is right, to eral transportation trust funds out of the uni- are not supporting this bill. If it is true protect these funds for their intended April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3527 use, to stop using these funds for mask- Mr. Chairman, I urge support and ture also improves productivity, an- ing the deficit and to support a real passage of H.R. 842. other key to growth. So if you want to balanced budget. Mr. SHUSTER. Mr. Chairman, I re- grow and we want to make sure that I ask strong support for H.R. 842, and serve the balance of my time. there is adequate money in that budget thank our chairman and ranking mem- The CHAIRMAN. The gentleman, as for all the programs that are so impor- ber for the work they have done on it. manager, is entitled to close debate. tant, you have to support growth. That Mr. SHUSTER. Mr. Chairman, I yield Mr. SHAYS. Mr. Chairman, I yield means you have to support investment. 1 minute to the gentleman from Iowa 11⁄2 minutes to the gentleman from New That means you have to support this [Mr. LATHAM]. Jersey [Mr. FRELINGHUYSEN]. bill because this does guarantee the in- (Mr. LATHAM asked and was given (Mr. FRELINGHUYSEN asked and vestment that is so important. permission to revise and extend his re- was given permission to revise and ex- b 1400 marks.) tend his remarks.) Mr. LATHAM. Mr. Chairman, I thank Mr. FRELINGHUYSEN. Mr. Chair- Mr. SHAYS. Mr. Chairman, I yield the gentleman for this opportunity and man, I rise to oppose this proposal. 11⁄2 minutes to the gentleman from rise in support of this bill. This issue, Mr. Chairman, ultimately Michigan [Mr. SMITH]. The reason is, when you look at a comes down to congressional account- Mr. SMITH of Michigan. Mr. Chair- rural district like I have in northwest ability and integrity. If Congress re- man, 11⁄2 minutes is not very long. Let Iowa and the tremendous infrastruc- moves the transportation trust funds me tell you my version of why this is ture demands that we have in an agri- from the budget and therefore budget not a good bill. cultural area, our roads are crumbling. scrutiny, it will set forth a dangerous Mr. Chairman, everybody is for using In the last 5 years the State of Iowa precedent for the other 160 trust funds the gas tax receipts that go into the has been denied about $87 million that under Federal jurisdiction. The trust fund for the purpose of highway could have gone into roads and bridges, progress was made in last year’s budget construction. I am for that. Let me to build infrastructure, because we for funding the Pell grants, veterans make it very clear. Every cent raised have decided to spend those dollars health care and housing improvements in gas taxes has been spent for highway someplace else. for our military families would be at construction since it was first started I am as conservative as anyone on risk if the transportation trust funds in 1956. the floor here as far as trying to bal- were taken off-budget. If we take this Let me tell you my version of what ance the budget. If I thought that this action, where are these cuts going to the argument is really about. During was part of the problem, I would not be come from? the Vietnam war, we transferred some supporting this. But, in fact, our prob- Appropriations are not Houdini. If of the highway trust fund money for lem as far as the budget is our addic- you tie our hands and drop us in a pool, the war effort. That has now accumu- tion to spending more money in social do not expect us to get our heads above lated over the years additional inter- programs and consuming for today and water. est, which is technically part of the not investing in the future. Mr. OBERSTAR. Mr. Chairman, I trust fund. That interest now rep- What this is all about is putting dol- yield 2 minutes to the distinguished resents a cash balance of $19 billion. lars that are paid by users to go into gentleman from West Virginia [Mr. This is the issue. The authorizing com- infrastructure, to go into roads, to try WISE]. mittee would like to now have the au- and maintain our economy and to cre- Mr. WISE. I thank the gentleman for thority to spend that additional $19 bil- ate jobs. I support this bill. yielding me the time. lion that has been accumulated in in- Mr. SHUSTER. Mr. Chairman, I yield Mr. Chairman, I often hear the re- terest. 1 minute to the distinguished gen- frain which I agree with that you ought Let me tell you very briefly why that tleman from Ohio [Mr. LATOURETTE]. to treat the Federal budget like you do is not fair. Since 1956, we have spent (Mr. LATOURETTE asked and was your family budget, your business approximately $41 billion out of the given permission to revise and extend budget, maybe even your State or general fund for road and highway con- his remarks.) county government budget. I happen to struction. We have spent approxi- Mr. LATOURETTE. Mr. Chairman, I believe in that maxim and I believe in mately $41 billion out of the general rise today in strong support of H.R. 842, another maxim. You ought to get what fund for the construction of mass tran- the Truth in Budgeting Act. This is a you pay for. And if you pay a dedicated sit. We have authorized those amounts. measure that will affect every Amer- tax, you ought to get what it is dedi- That is why the cash balance has in ican who buys gasoline in his or her car cated to. And if you pay 18.4 cents at fact already been spent. There should or buys airline tickets. Americans cur- the gas pump for roads and bridges and be a tradeoff. The $19 billion should not rently pay an 18.4-cent tax on gasoline maintenance and construction, you now be spent to shortchange other and a 10-percent tax on airline tickets. ought to get 18.4 cents worth of roads spending of the Federal Government This money, approximately $80 million and bridges and construction. So that and really disrupt our opportunity to a day, is placed into the transportation is one essential reason that this is such balance the budget. trust fund and is supposed to be used to a crucial vote today. Mr. OBERSTAR. Mr. Chairman, I pay for urgently needed infrastructure There is another reason. I want to yield myself the balance of my time. such as maintenance of our highways. deal with those who say, ‘‘If you take The CHAIRMAN. The gentleman is Instead, the Federal Government for this off-budget, then it hurts other recognized for 3 minutes. years has been hoarding much of this areas of the discretionary budget.’’ Mr. OBERSTAR. Mr. Chairman, we tax money and using it to mask the Well, there is one thing that Repub- have heard now in the course of this true size of the deficit. This means the licans and Democrats agree on and rather lengthy debate from all the bo- Federal Government is essentially that is the need for growth. There is geymen with their scare arguments stealing from Americans each time one thing that unfortunately neither about unrestrained spending on trans- they travel. the Republican nor Democratic budget portation projects. The face is that What does this all mean to Ohio driv- has in it, and that is adequate growth. there is restraint. It is written into the ers? The Ohio Department of Transpor- The best I have seen is a 2.5-percent in- highway trust fund language, has been tation estimates that Ohio sends about crease every year. The worst is 2.3-per- since the beginning in 1956, that this $1 billion in Federal gas taxes to Wash- cent and neither one is a growth budg- fund is antideficit, that it cannot run a ington annually. Unfortunately, the et. This is growth. The only way you deficit. It has not, and it will not. State gets back only about $600 million grow is to invest in your country, in But in addition to that, there is addi- of that money. Of the remaining mil- your stock, in your physical infrastruc- tional restraint or further restraint lions, $345 million is used to hide the ture—your roads, your bridges, your from the Office of Management and size of the deficit while the rest of the water systems, your sewer systems, Budget, which must review and put its money disappears into what ODOT your airports, your locks and dams. stamp of approval on highway funding calls a bureaucratic black hole inside that is how you grow. It has also been requests from the Department of the Beltway. documented that building infrastruc- Transportation. There is review by the H3528 CONGRESSIONAL RECORD — HOUSE April 17, 1996 White House. There is review by the ern states into Europe's most powerful econ- Mr. HOKE. Mr. Chairman, I am com- Committee on the Budget. There is re- omy; and even Taiwan is proposing to spend pletely opposed to this amendment be- view by the Committee on Appropria- more than $100 billion over 5 years to improve cause it is such horrible, horrible pol- tions. And there will continue to be, and expand its infrastructure; icy. It misses the fundamental point of under this legislation. Overall, the U.S. ranks 55th in the world in how we raise money, of how we tax and The second argument about interest, infrastructure spending, based on 1993 statis- why we tax and what the cir- you just heard a discourse a moment tics; and cumstances are for taxation. ago from our good friend from Michi- Our lack of investment is affecting our Na- The fact is, why do we tax gas? Sure, gan about interest. Would any of the tion's ability to competeÐfrom 1979 to 1989, there is some connection between the members of the Committee on Appro- the United States productivity growth rate was tax that is raised and spending on the priations, would any Member of this only 35 percent of the average of other indus- roads. But we tax gas because we can body argue that the Federal Govern- trialized countries. tax gas, because we are able to tax gas, ment should not pay interest to pur- REAL LIFE CONSEQUENCES OF DECLINE IN the same way that we tax tobacco and chasers of U.S. Treasury securities? INFRASTRUCTURE INVESTMENT alcohol and income and tariffs on goods Should we not have paid interest on Our failure to develop our transportation in- that come into this country. It fun- war bonds for World War II or World frastructure has had serious, real-life con- damentally misses the whole point. War I? Should we not pay interest to sequences; Once you go into this kind of a policy, Commuters waste 2 billion hours annually those domestic and foreign interests you are running down a slippery slope sitting in traffic because of freeway delaysÐ that buy U.S. Treasury notes, that in that makes absolutely no sense what- costing our economy $45 billion per year in fact underwrite our deficit? Should we soever. wasted fuel and lost productivity in our Na- welch to those who buy U.S. Treasury This is just terrible, terrible policy. tion's 50 largest cities alone; notes, not pay interest to them? Fifteen locks on the inland waterway system Do we take all of the money that we No, of course not. Nor should we average more than 3 hours of delay per barge tax alcohol and tobacco with and put it welch on those highway users and avia- ton because of antiquated and outdated locks into the BATF? I do not think so. Do tion users and waterway users whose and dams; we take all of the money that we use tax dollars are used to purchase U.S. Projected growth will also occur under the taxing goods that come into this coun- Treasury securities and on which inter- budget proposals of the Republican Congress. try under tariffs and use it to fund the est is owed. In fact, that was the case with the budget res- customs agency? No. That is what we are talking about olution the Budget Committee brought to the This notion, and maybe what this here, fairness. House floor last year; means is we should not have had a Then, finally, from various Members, Taking the Transportation Trust Funds off trust fund in the first place. I will that old pork-barrel nostrum, tired old budget would not add to the deficit; and grant you that. But the idea that some- argument, dragged out every time they In scoring H.R. 842, CBO said, ``By itself, how this is separate and that it ought run out of steam on the merits of the taking programs off-budget does not change to be absolutely dedicated only to one issues. The fact is, this is a fairness total spending or revenue estimates for Con- thing just completely misses the fun- issue. People agreed to be taxed to gressional score keeping purposes.'' damental model of taxation, the fun- build highways and bridges, to build UNIQUENESS OF TRANSPORTATION TRUST FUNDS damental model of why we do this in runways at airports, to deepen our wa- They are wholly self-financed by the user; the first place. When you understand terways and our ports. It was Abraham They have dedicated revenue sources; that, then you understand that this Lincoln who first said if you do not They are self-supporting, operating on a whole bogey about interest and we have a tax to build a waterway, you pay-as-you-go basis; should be paying interest on this phony will never get the revenue out of that They are deficit-proof, with expenditures lim- trust fund that does not exist becomes waterway to build this Nation, in 1848 ited to receipts a nonargument completely. as a Member of this body. They invest in infrastructure capital pro- Mr. SABO. Mr. Chairman, I yield my- This is a basic fairness issue. You grams; and self the balance of my time. agree to be taxed for a benefit to be de- They finance long-range construction pro- Mr. Chairman, I expect, like in all of rived, and that is what this legislation grams, which benefit from certainty in funding. these debates, certain things are over- is all about. TAKING THE TRUST FUNDS OFF-BUDGET DOES NOT MEAN stated on both sides. But the reality is, WE WOULD LOSE CONTROL OF SPENDING GENERAL IMPORTANCE OF TAKING TRANSPORTATION again, there is simply no Santa Claus, TRUST FUNDS OFF-BUDGET Taking the Transportation Trust Funds off- no little secret pool of money, that Trust fund: Dedicated revenue streamÐ budget also does not alter the current author- someone can spend that does not im- freeing the Transportation Trust Funds from ization and appropriations process; pact deficits. the artificial and unnecessary constraints of According to CBO, ``The likelihood and Deficits on a year-to-year basis are amount of potential increaseÐin transportation the budget process will allow those des- based on revenue coming in and out- investmentsÐare very uncertain because they perately needed funds to reverse the deterio- lays going out. The reality is, I lis- depend upon the future actions of both the au- ration of the Nation's infrastructure; and tened to the advocates of this proposal, thorizing and appropriations committees;'' Improved infrastructure will create jobs and and it sounds like there is going to be Under H.R. 842, the Secretary of Transpor- increase the productivity and efficiency of our a lot more money to spend on high- tation and the Secretary of the Treasury would industries, thereby enhancing the United review Aviation, Inland Waterways and Harbor ways, but it is not going to cost any- States position in this fiercely competitive Maintenance Fund spending annually and re- thing. I do not know where the money global economy. duce proportionately for any trust fund in is coming from. The reality is that since 1981 we have DECLINE IN INFRASTRUCTURE INVESTMENT which projected revenues would exceed au- Infrastructure investment as a percentage of thorizations; spent more on highways that the total the gross domestic product [GDP] fell from 1.2 That review is similar to the so-called Byrd collected from the gas tax, even adding percent in 1980 to 0.8 percent in 1995; amendment in the highway program which in- in that very generous interest alloca- Infrastructure spending as a percentage of sures that the Highway Trust Fund can never tion to the highway trust fund. Federal spending declined over the past 30 operate in a deficit; The reality is that in current years, years from a high of 6.3 percent in 1965 to 2.8 All Transportation Trust Fund expenditures 1994, 1995, we are spending more than percent in 1994; would be limited to receipts and subject to au- what we are getting in gas tax, more Infrastructure spending from 1981 to 1992 thorizations legislated by both Houses and than what the trust fund is getting in fell by $12 billion from $43.9 billion in 1980 to signed into law; and this very generous interest allocation $31.9 billion by 1992, in constant dollars; The Appropriations Committee could still to the trust fund. So the gas tax is not At the same time, our economic competitors continue to include an annual obligation ceiling subsidizing anything else. have been devoting substantial resources to on transportation programs to control spending The question is whether we should their long-term investments: Japan is spending further. take some of this surplus in this fund, $3 trillion over 10 years to improve its infra- Mr. SHAYS. Mr. Chairman, I yield which accumulated in the seventies, structure; Germany is investing nearly $2 tril- 11⁄2 minutes to the gentleman from peaked in 1979, and start spending that lion in infrastructure to fully integrate its east- Ohio [Mr. HOKE]. now beyond current revenues, beyond April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3529 interest, at a point in time we are try- as usual. They are depending on you to were not any different? They are dif- ing to move to get our Federal budget lead the fight in protecting the Amer- ferent because, in our case here today, balance of revenues and outlays in ican taxpayers from the special inter- these user fees are paid for and a prom- order. ests who are trying to escape the scru- ise is made they will be spent for the The advocates say now we are going tiny of fiscal responsibility.’’ purpose intended. to do it. We are going to give this pro- The Committee for Responsible Fed- Facts are stubborn things, and we gram priority over everything else, and eral Budget says, ‘‘Proponents of H.R. have heard an awful lot of rhetoric and if this goes up, the balance of funds 842 want to make some spending invisi- even a little bit of myth here today. coming down, something else has to be ble, pretend that it pays for itself, and b 1415 cut deeper. That is just simply the re- thus insulate favored programs from ality, if you want to hit a deficit target regular review and scrutiny.’’ We have heard, quote, more money or try to get in balance. Citizens for a Sound Economy say, has come in to the trust fund than has If you do not want to hit a deficit ‘‘Shielding the transportation trusts gone out. That is interesting. Is there target year by year, or if you do not from fiscal scrutiny and accountability or is there not a $30 billion balance in want to be in balance within 6 or 7 perpetuates pork-barrel spending and the trust fund? Does anybody dispute years, or 5 or 8, whatever one has in works counter to all efforts to reduce it? Right there on the chart are the mind, then you can do this. But if you the deficit control government stand- balances from the Treasury Depart- have a deficit target in mind, this is a ing.’’ ment. Does anybody here dispute there dollar-for-dollar trade-off with other This is happening under our Repub- is a $30 billion balance in the transpor- priorities. lican watch? We are going to all this to tation trust funds? Well, I think not, So I think we make a mistake when happen, when we have purported to because that is a fact. Facts are stub- we set up these little kingdoms, re- want to balance the budget by the year born things. moved from the normal budget process, 2002. We have heard that if this passes we that say you can go ahead and do what In my judgment, Mr. Speaker, this is will have a blank check for spending. you like; removed from all the other a dead end, and I hope we reject it. We have heard that spending will be arguments, the give-and-take of the The CHAIRMAN. The gentleman uncontrolled. We have heard this is a legislative process, in setting our prior- from Pennsylvania is entitled to close Santa Claus. Well, I would suggest that ities on a year-to-year basis. debate and is recognized for 7 minutes. Pinnochio is a more accurate compari- It is not going to be the end of the Mr. SHUSTER. Mr. Chairman, many son, because this Government has world, but it is just a foolish step to of the speakers today who have ex- played Pinnochio, lying to the Amer- take at this point in time, so I would pressed their opposition to this legisla- ican people and saying that if they pay hope the House would defeat this bill. tion have said time-and-time again their gas tax that we will spend it in Mr. SMITH of Michigan. Mr. Chair- that if this passes, it would be more transportation; pay your aviation tick- man, I yield the balance of my time to difficult to balance the budget. et tax and we will spend it, and then we the gentleman from Connecticut, Mr. Let us think about that for a minute. have not spent it. A $30 billion balance. SHAYS, one of the distinguished leaders I would suggest that that is a clear, Indeed, we have also heard that the of the Committee on the Budget. implicit, admission that their inten- line item veto will not apply here. The CHAIRMAN. The gentleman tion is to continue to use these trans- Well, we have said and I have said in from Connecticut is recognized for 13⁄4 portation trust funds to mask the size the debate very clearly that the line minutes. of the deficit. item veto does apply. However, there Mr. SHAYS. Mr. Chairman, there are Now, nobody has had the courage seems to be some dispute over that, so arguments on both sides. It is not so really to stand up and say that di- I will offer an amendment to make it cut and dry that it is so obvious to all rectly, to say, yes, we want to use very clear that the line-item veto does of us. But while some call this the these transportation trust funds to apply. So this is unprotected? Unpro- Truth in Budgeting Act, and they are mask the size of the general fund defi- tected with a line item veto? right to call it that, there would be cit, but that is the only logical infer- But that is not all, Mr. Chairman. some truth in budgeting, I would call it ence one can draw. That is implicit in Does anybody dispute the fact that if the Unbalanced Budget Act of 1996, or, their statement. They apparently this passes the Committee on Appro- frankly, the pork barrel bill of 1996, be- think it is right. Many think it is priations still has the jurisdiction and cause what it means is we are going to wrong. Some 224 Members of this body, the authority to set the obligational provide $50 billion more and make it a majority, have cosponsored this leg- ceiling? I have heard nobody disagree available to people who want to spend islation. with that. I would expect nobody would on roads and bridges. My good friend talked about Repub- because it is a fact. Facts are stubbon There is an opportunity cost. If you licans. Republicans historically in the things, and the fact is if this passes, spend $50 billion more here, you have past have voted, over 60 percent of Re- the Committee on Appropriations will to do something to compensate. Are we publicans, in favor of taking these continue to have the authority to set going to cut defense? No. Are we going transportation trust funds off budget, the ceiling on what can be spent each to raise taxes? Out of the question. So because they see this not only as a fi- year. what it means is there will be, in my nancial issue, but as an issue of hon- We have even heard this referred to judgment, continued deficits to the esty in government. as an entitlement. Well, facts are stub- tune of $50 billion. Indeed, many of us believe that it is born things. It is not an entitlement. Mr. Speaker, the Concord Coalition wrong to tell the American people we That is a fact. This is subject to annual says, ‘‘Passage of this legislation would are going to take your gas tax or we control. The annual control of the severely jeopardize the chances of bal- are going to take your airplane ticket Committee on Appropriations, the an- ancing the Federal budget and would tax, promise you we are going to use it nual control of the President in his be detrimental to the budget process.’’ for transportation improvements, and line-item veto. The National Taxpayers Union says, then instead not spend the money and So, indeed, facts are stubborn things, ‘‘Placing these trust funds off budget is use it to mask the size of the general and there are substantial controls, per- nothing less than a ploy to increase fund deficit. haps the most important of which is, spending.’’ My good friend from Ohio said there under the law you cannot spend a The Citizens Against Government is no difference between these trust penny out of these trust funds unless Waste say, ‘‘The Truth in Budgeting fund taxes, these user taxes, and gen- the money is there to pay the bills. Act sounds great to the public, but it is eral taxes. He is certainly entitled to This program, these transportation simply a ruse to increase the $5 trillion his point of view. However, that is not programs are deficit proof. national debt.’’ really what we are debating today. Oh, if we only had other programs The Americans for Tax Reform say, Over the years this Congress has said like this that would be deficit proof, ‘‘American taxpayers want real reform the trust funds are different. Why then, indeed, we would not have the of the budget process and not business would we call them trust funds if they massive deficit that we have. H3530 CONGRESSIONAL RECORD — HOUSE April 17, 1996 We have also heard that the interest the construction, rehabilitation, and mainte- it is critical for State and local governments to technically, technically, is being nance of highways or grants-in-aid for airports receive general funding support, and should counted here. Well, I guess it is a small or for aviation-related facilities, equipment, and benefit equitable from the transportation taxes- technicality. It is called the law of the research engineering. user fees they send to Washington to be used land, which says if an individual buys a This amendment is too broad as it would for transportation purposes. Government bond they get interest on cover any highway or aviation general-fund As I have the privilege to represent the 18th it. And so the Treasury Department, spending. For example, if a law coming from Congressional District of Pennsylvania, I can under the law, must pay that interest. a committee, or a report accompanying a law most assuredly tell you that my constituents Indeed, the Social Security trust coming from a committee provides general are concerned about funding for vital transpor- fund, in its reserves, nearly 50 percent funds for any highway or aviation program, the tation projects in the southwestern part of our of the reserves in the Social Security off-budget status of the transportation trust State. Many of you are probably familiar with trust fund is based on interest. Are we funds would end. the equipment problems the towers at the going to tell the American people, aha, On the issue of general funds, let me give Pittsburgh International Airport have been ex- we are not really going to count the in- a few examples: if there were general funds periencing. Along with the FAA Revitalization terest in the Social Security trust appropriated through EDA or DOD that could Act, H.R. 2276, this bill will help to ensure that fund. Of course not. And let us be be used for highway purposes, then under the such incidents of grave public and transpor- equally fair here. Obviously, under the amendment the trust funds would no longer be tation safety will receive the urgent response law, the interest must be counted. off-budget. Even if there were general funds they demand. We have heard about the so-called appropriated for highway or aviation research The Truth in Budgeting Act would also en- special interests that support this. and development that too would put the trust hance our communitys' abilities to plan impor- Well, I guess there are 260 million spe- fund back on-budget. tant infrastructure investments and complete cial interests called the American peo- Mr. Chairman, anyone who supports H.R. transportation projects. A community's mobility ple who will benefit from better high- 842 should oppose this amendment. is a measure of its quality of life and the com- ways and better airports, but there are Mrs. KELLY. Mr. Chairman, I rise in strong petitiveness of its economy. The efficient, cost some other special interests. The Na- support of H.R. 842, legislation which will re- effective movement of people and goods is tional Federation of Independent Busi- store honesty and integrity in the manner in vital for individuals and for the businesses that nesses, the Small Business Legislative which we utilize the transportation trust funds. contribute and bolster our Nation's economy. Council, the American Farm Bureau, H.R. 842 will remove the four transportation The decline of the industrial corridor of south- the National Grange, the Air Traffic trust fundsÐthe highway trust fund, the airport western Pennsylvania in the 1980's has been Controllers, who care about safety. and airway trust fund, the inland waterways well documented. The loss of employment op- And we all better care about safety and trust fund, and the harbor maintenance trust portunities effected nearly one-half million peo- ple from the Mon Valley. A decade later, there spend some more money to make our fundÐfrom the totals of the budget submitted remains a significant amount of work to be air traffic control system safe. Women by the President and the congressional budg- et. done to combat this economic devastation. First. On and on the list goes. The Mon Valley Expressway would for the But let me share with you some In other words, the bill takes these trust first time provide this region physical and eco- other so-called special interests. The funds off budget and puts a stop to the time- nomic access to Pittsburgh. I am confident National Association of Counties worn practice of using them to mask the size that the Mon Valley Expressway will prove to across America. Is that a special inter- of the deficit. be as much of an infrastructure and economic The legislation should be adopted for a est? The National Conference of State success as I±279, and the East and West number of reasons, Mr. Chairman. Investment Legislatures. Is that a special interest? Parkways. We cannot afford to not complete in infrastructure means jobs for American The National League of Cities, where economically rejuvenating projects such as the companies and American workers. Improved our people live in urban areas. Is that Mon Valley Expressway. a special interest? No. Many, many, infrastructure also translates into a more pro- As an advocate of capital budgeting and many Americans strongly support this ductive economy, and boosts our competitive- economic development, I urge my colleagues because we need fairness, we need hon- ness in the world market. to support H.R. 842, the Truth in Budgeting esty in budgeting and we need to live The most important reason to pass H.R. Act. up to our promises to the American 842, however, is trust. Every time a motorist Mr. EWING. Mr. Chairman, I rise today in people. fills up at the gas pump, they do so with the support of H.R. 842, the Truth in Budgeting And let me also emphasize in closing understanding that the Federal gas taxes they Act. Strong and persuasive arguments have that while we have heard the argument are paying will be invested in new and im- been presented on both sides of the transpor- what about the other trust funds, the proved roads, bridges, transit systems, and tation trust funds off budget issue. However, I transportation trust funds are the only other needed infrastructure improvements. By believe the overriding issue is that the Amer- trust funds that are totally user fi- failing to use these moneys for their intended ican public should receive $1 worth of value nanced, that are deficit proof, that are purpose we are, in effect, violating that trust. for every dollar of dedicated user taxes for not entitlements but annually con- This failure to live up to the public trust transportation improvements collected by the trolled. These are, indeed, different, comes at a price, as well. It is estimated that Federal Government and that such funds and for that reason we should vigor- New York has lost nearly $390 million be- should not be used to mask the size of the ously support this legislation. tween the years of 1992 and 1996 due to the Federal deficit. This is not a debate about bal- Mr. CRAMER. Mr. Chairman, I rise in sup- failure to fully fund the program at authorized ancing the budget, it is a debate about hon- port of the Truth in Budgeting Act of 1996 and levels. esty in government! If all of the specific trans- in opposition to Mr. MINGE's amendment end- Let's keep our promise to the American portation user taxes are not going to be used ing off-budget status of the trust fund if there people, Mr. Chairman, and use the trust fund for transportation improvements, then the is funding for transportation projects from gen- moneys for the purpose for which they were amount of user taxes collected for the trust eral revenue. intendedÐdeveloping and improving the Na- funds should be reduced. Initially, the creation of the transportation tion's roadways, airways, and waterways. Let's be clear about the debate today. The trust funds assured our state and local govern- Mr. DOYLE. Mr. Chairman, as a cosponsor Budget and Appropriations Committees object ments a steady, dependable stream of Federal of H.R. 842, the Truth in Budgeting Act, I rise to moving the dedicated transportation trust assistance necessary in undertaking long-term today to urge my colleagues to view this legis- funds off budget because they will lose the projects. Those who benefited from the trans- lation not solely as a transportation issue, but ability to apply the unexpended balances in portation programs paid for the program. as an issue on tax fairness. the trust funds back against other total discre- Today, inclusion of these trust funds in the The Truth in Budgeting Act would move our tionary spending levels in the budgetÐthereby unified Federal budget has resulted in enor- Federal transportation trust funds off budget, keeping spending in other budget functions mous surplusesÐmoneys which are des- separate from the Federal unified budget. Cur- under the legal spending caps. They argue perately needed for improvements to our Na- rently, with these funds ``on-budget'' the sur- that removing the trust funds from the unified tion's transportation systems. pluses are used to mask a portion of our true budget will result in more pork barrel spend- Specifically, I must oppose Mr. MINGE's budget deficit which prevents these funds from ing, drastic cuts in other discretionary pro- amendment. It provides off-budget status being used in the manner they were intended. grams, and make it impossible to balance the would cease if any general funds are spent on During this time of severe budgetary pressure, budget. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3531 The truth is most of the funds paid out of sit funding. Hard-working Americans have paid the next 20 years on transportation projectsÐ the transportation trust funds are disbursed to their fair share to help maintain healthy mass that is double what was spent in 1994! Wheth- States through established formulas. The Ap- transit systems. Mass transit is the lifeblood of er or not everyone agrees with these figures, propriations Committee can always choose not our cities and our suburban and rural commu- the facts are obvious enough: the United to fund pork barrel highway demonstration nities. It provides a way to work for millions of States needs serious investment in our trans- projects. The president will have line-item veto middle- and low-income Americans. We can- portation system in the coming decades, and authority starting in 1997. Appropriators and not continue to jeopardize their livelihoods by an off-budget trust fund ensures that we have budgeteers are playing shell games when they using these transit dollars for other unintended the money that is necessary. apply paper excesses in one government ac- purposes. Mr. Speaker, this trust fund is made up en- count back against real borrowing for real defi- We cannot continue to use the billions of tirely from user fees. It is very obvious that cit spending in other areas of the budget. Fi- dollars accrued in the transportation trust those fees should go to pay for infrastructure nally, collecting taxes for a dedicated purpose, funds used to mask the true size of the deficit repairs and nothing else. That is what a user and then using the taxes to support other un- at the expense of deteriorating roads, bridges, fee is forÐto maintain and expand the serv- related spending is dishonest and not fiscally and tunnels, and failing bus terminals and air- ices that require the fee. To spend it on any- responsible, and it is certainly not the right ports. The American people have suffered thing other than what it is intended for is bad way to balance the budget! long enough. The time has come to allow policy and downright dishonest, and I reject Testimony before the Transportation and In- these funds to rejuvenate our decaying infra- the notion that we can just take this money frastructure Committee, from all segments of structure. We need to maintain a safe, effi- and use it as general revenue. the transportation community, leave no doubt cient, and cost effective transportation infra- Mr. Speaker, for the safety of our children that the demands upon our Nation's existing structure. and to promote the economic growth of our transportation infrastructure are going to in- This vote presents us the opportunity to country, we must ensure that the Nation's in- crease significantly over the next decade. meet critical highway and transit needs with frastructure and transportation system is not Since our Nation's transportation infrastructure honesty and accountability. I urge my col- allowed to decay and collapse. That is why I is already under funded, it stands to reason leagues to restore the faith the American peo- urge my colleagues to be truthful with the that this disparity will only continue to grow ple have given us by supporting this Truth In American people and support the Truth in under the current arrangement. This situation Budgeting Act. Budgeting Act. is particularly damaging to States like Illinois, Mr. EMERSON. Mr. Chairman, I rise in Mr. COSTELLO. Mr. Chairman, I want to which pays more in taxes than it receives in strong support of H.R. 842, the Truth in Budg- express my strong support for the bill, H.R. benefits. When the total appropriated amount eting Act, because it does just that: it requires 842. As a cosponsor of this important legisla- is reduced it is donor States, like Illinois, Congress to be truthful with the American peo- tion, I believe taking the self-financed trust Michigan, New York, and California that are ple about where their money is going. We funds off budget is not only appropriate but hurt the most, because they must wait until have made reducing the Federal deficit a necessary. other States are paid their guaranteed allot- major theme of this Congress, and yet some Currently, the accumulated cash balanced ments before their greater needs are funded. want to continue to use the transportation trust of the highway trust fund, the airport and air- Placing the transportation trust funds off budg- fund to hide the true size of the deficit. Ladies ways trust fund, the harbor maintenance trust et is the best way to correct this funding dis- and gentlemen, that is smoke and mirrors, fund and the inland waterways trust fund ex- parity, and why not? The taxpayers of these plain and simple. We must be consistent with ceeds $30 billion and will reach as high as donor States are already paying for it! our approach to tackling this country's fiscal $77 billion by the year 2002. When these trust In closing, I want to urge my colleagues to problems. We cannot simultaneously talk funds were credited, the users who contrib- accept the premise, if Congress is going to about cutting the deficit and eliminating uted to the funds believed their taxes would mandate dedicated transportation user taxes, unneeded programs and yet continue to en- go toward necessary improvements and main- then Congress has a responsibility to ensure gage in a policy that does not honestly ad- tenance of the Nation's transportation system. the public that these taxes are being used for dress the true size and nature of our deficit. Because of the direct connection between the their intended purposeÐnot to hide other defi- This Congress needs to be truthful with the tax imposed and the benefit derived from im- cit spending. The condition of our Nation's American people. provements in transportation infrastructure, transportation infrastructure is critical to our Mr. Speaker, we have been persistent and Nation's economic health, let's protect the taxpayers strongly support the payment of determined in our attempts to balance the transportation user fees. This support will not transportation trust funds. Vote aye on H.R. budget because we know that our current 842. continue to exist if the trust funds continue to spending patterns are taking away from future Mr. EVANS. Mr. Chairman. I rise today in be used to make the Federal deficit appear generations. The same issue applies here. support of H.R. 842, the Truth in Budgeting smaller. Act which would restore our Nation's transpor- Money set aside for the transportation trust Taking the transportation trust funds off tation trust funds to their original purpose of fund should be used for transportation and in- budget will restore faith with the taxpayers. serving the people. This bill would also restore frastructure projects that will benefit our chil- But this issue is not only about tax fairness, the trust of the American taxpayer who has dren and grandchildren. This money should it's also about jobs and economic productivity. contributed billions of dollars in taxes and user not be subject to the political whims of the day Every dollar spent in highway, transit and fees to maintain this country's transportation because it is, quite literally, an investment in aviation construction improves a nationwide infrastructure. this Nation's future. By taking this fund off- system upon which the people and commerce We have certainly abused this trust by al- budget we are ensuring that the money nec- of the United States depend. Our transpor- lowing our Nation's roads, trains, airways, and essary to maintain and expand our current na- tation system continues to be our Govern- waterways to deteriorate. Our transportation tional transportation system will be available ment's best investment. Since the 1950's, as infrastructure is in desperate need of the as this country moves into the 21st century. much as 25 percent of America's productivity money that will be freed by removing the trust My home State of Missouri continues to fall growth can be credited to infrastructure im- fund off budget. According to a recent Depart- behind in its infrastructure needs. It is impera- provements. For example, recent Department ment of Transportation report, approximately tive that as Missouri and other States expand of Transportation studies show that every $1 30 percent of the interstate pavement on our their markets abroad and increase their ex- billion invested in highway construction and highways is in poor condition. In fact, there ports that we maintain our vast network of enhancements yields 42,000 good high-wage are about $360 billion in unmet highway and highways, railways, ports, and airports. jobs. bridge needs in this country. Experts from around the country have told These are among the reasons why I am Because of fiscal constraints, the Centennial us that investment in our transportation sys- supporting H.R. 842 and why I will work for Bridge in Rock Island County, IL, has fallen tem is a key ingredient to America's competi- passage of this important legislation. into severe disrepair. However, if these trust tiveness and economic vitality in the next cen- Ms. EDDIE BERNICE JOHNSON of Texas. fund dollars are released for the purposes in- tury. However, the 1995 budget resolution re- Mr. Chairman, I rise in strong support of H.R. tended, the bridge authority will be able to duces transportation spending by 20 percent 842, the Truth in Budgeting Act. This legisla- make infrastructural improvements needed to by the year 2002, precisely the time when our tion is critical to the viability of the Nation's keep this major crossing of the Mississippi Nation will be in need of major infrastructure highway program and to ensuring tax fairness. River safe and viable for years to come. repairs. In fact, the Department of Transpor- The transportation trust funds were created I also share the outrage of many of my con- tation estimates that this country needs to in- with a special obligation between Congress stituents about last year's drastic cuts in tran- vest an average of $74 billion annually over and transportation usersÐthat these user fees H3532 CONGRESSIONAL RECORD — HOUSE April 17, 1996 would be used to construct, rebuild and main- eral highways and helping States to build and brought us NAFTA and GATT, that the trans- tain our Nation's transportation infrastructure. repair State and local roads, highways, portation trust funds should make a contribu- Currently highway users contribute over $5 bil- bridges and mass transit projects. I also un- tion to reducing the deficit. The fact is, since lion annually toward deficit reduction. Further derstand the concerns of States whose citi- 1990 transportation users already have con- reductions in spending from this program will zens contribute more in taxes to the trust tributed more than $30 billion to deficit reduc- increase trust fund balances and ignore the funds than they receive back in transportation tion through the diversion of part of the Fed- commitments made to taxpayers. assistance from the Federal Government. eral motor fuels tax to the general fund. Mr. Chairman, while budgetary manipulation While at one time I supported this proposal, There is a huge surplus in the trust fundsÐ restrains investment, America's transportation I now believe that taking the trust funds off- surpluses that are projected to grow by leaps needs continue to grow. The Department of budget is not the most responsible or appro- and bounds in the years ahead. Under the Transportation recently reported that just to priate solution to the transportation funding President's most recent budget plan, the high- maintain current conditions would require an problem. I also believe it would cause a budg- way trust fund alone would make the third annual investment of $44.8 billion for high- etary nightmare that would make our efforts to largest contribution to deficit reductionÐonly ways, $5.1 billion for bridges and $7.3 billion balance the Federal budgetÐalready a Hercu- Medicare and Medicaid would be cut more. for transit systems. Actual 1993 outlays for lean task that we have yet to completeÐvir- Let's put this in perspective. According to these purposes were $34.8 billion by all levels tually impossible. the Alliance for Truth in Transportation Budg- of government. Airport needs alone are esti- Rather than having some States receive mated at $10 billion annually. It is argued that eting, from fiscal years 1996 to 2002, the bal- less than their fair share back from the high- ances in the highway trust fund will almost tri- transportation should make a contribution to way trust fund, we should reform the structure reducing the deficit. The truth is, that since ple from $21 billion to $60 billionÐan increase by which the Federal Government collects of $39 billion. The $39 billion increase will be 1990 transportation users already have con- taxes and returns money back to the States tributed more than $30 billion to deficit reduc- used on spending in the rest of the Govern- for transportation projects. If a State were al- mentÐthese are funds that are supposed to tion through diversion of part of the Federal lowed to keep the money, it would be better motor fuels tax to the general fund. Both con- be used only for transportation purposes. able to plan and execute highway construction gressional and administration budget plans There is no justification to collect transpor- and upkeep. would result in transportation spending reduc- tation user fees for the purpose of hiding Gov- The main problem with H.R. 842 is the im- tions and increases in trust fund balances to ernment spending in other areas. pact it would have on our efforts to balance offset the deficit. This is what today's debate is all about. Are the Federal budget. Balancing the budget Mr. Chairman, concerns have been ex- we going to continue diverting the bulk of the must be our highest priority. The Congres- pressed about the impact on the deficit and balances in the transportation trust funds to sional Budget Office [CBO] has estimated that other programs of taking the transportation shield the true size of the Federal budget defi- taking the trust funds off-budget would in- trust funds off budget. These concerns are un- cit, or are we going to spend the revenues crease the Federal budget deficit by more founded. Removal of the trust funds from the generated by the trust funds on their intended than $20 billion over the next 5 years. That unified budget itself will not increase the defi- purpose? If we don't pass this bill, then we means we would need to find an additional cit, will not mandate cuts in other programs, should be honest with the American people will not restrict the Appropriations Committee's $20 billion in order to balance the budget. and do away with the trust funds and simply ability to set transportation spending levels. In Where would the $20 billion in cuts come call the transportation user fees what they a written cost estimate the Congressional from? Education? Environmental protection? really are: taxes. Medical research? Budget Office has ruled that taking the trust The current transportation and infrastructure The Federal Government has spent $6 bil- funds off budget would not result in any needs of the country are indeed staggering. lion more on transportation projects than it has change to the deficit. Mr. Chairman, by pass- The U.S. Department of Transportation esti- collected in gas taxes since the creation of the ing this bill, Congress will retain its pivotal role mates the backlog of needs for our Nation's highway trust fund in 1957. The $19 billion in setting spending and policy priorities in highways and bridges totals $315 billion. Air- surplus everyone talks does not exist in any transportation. port investment needs are estimated at $10 form other than an accounting entry at the De- Mr. Chairman, it is necessary only to drive billion a year, while it will cost an estimated $8 to work these days to be reminded that Ameri- partment of the Treasury. billion a year simply to maintain the Nation's ca's transportation infrastructure needs some Because of my overriding concern about the transit systems. impact this legislation would have on our ef- heavy duty work. The winter's lingering pot- Even if we spent all of the money generated forts to balance the Federal budget, I must holes and the traffic jams are only part of the every year by the transportation trust funds we vote against this bill. evidence that not enough is being done to im- would not be able to meet all of this Nation's Mr. TRAFICANT. Mr. Chairman, I rise in prove the Nation's mobility. It is time to make transportation needs. strong support of H.R. 842, the Truth in Budg- the situation right and surely not allowing more And H.R. 842 would not result in all of the and more deterioration. But making it right eting Act, which would take the Federal trans- portation trust funds off-budget. I want to com- money in the trust funds being spent every means allowing the balances in the trust funds year. Under H.R. 842, spending from the trust to be spent down in a responsible manner. It mend the chairman of the Transportation and Infrastructure Committee, BUD SHUSTER, and funds would still have to go through the nor- means helping to meet the billions of dollars in mal appropriations process. Congress would unmet needs on highways, bridges, transit the distinguished ranking member of the com- still have a final say on how much is spent on systems and airports. mittee, JIM OBERSTAR, for their perserverence transportation. Mr. Chairman, without this legislation it is in getting this important legislation to the likely that the balances in the trust funds will House floor. But H.R. 842 will preserve the fiscal integrity continue to increase and there will be fewer H.R. 842 takes the highway, aviation, inland of the trust funds by ensuring that the revenue resources available for the Nation's transpor- waterways, and harbor maintenance trust is spent on transportation projects and not tation infrastructure. The transportation trust funds off budget. As one of the bill's original used to mask the size of the federal deficit. funds must be removed from the unified budg- cosponsors I urge all of my colleagues to look Would H.R. 842 result in more Federal et so that we can keep our commitments to past the ``sky is falling'' rhetoric of some of its spending on transportation projects? Yes it the highway users and to future generations. opponents and support the bill. would, and I say bravo. Keep in mind that this I urge my colleagues to support H.R. 842 the The four transportation trust funds have spending is not deficit spendingÐit is spend- Truth in Budgeting Act. proven to be an effective way to raise the nec- ing that will already have been paid for I yield back the balance of my time. essary revenue to pay for many of the varied through the transportation user fees. H.R. 842 Mr. RAMSTAD. Mr. Chairman, I rise today transportation needs of the country. Unfortu- will ensure, for the first time, that these user in opposition to H.R. 842, which would take nately, the vast revenues generated by the fees are exactly that and not simply another the transportation trust funds off-budget, there- trust funds have been used to mask the true tax that goes in the black hole known as the by giving them special status so the rules that size of the Federal deficit. general fund. apply to almost all other portions of the budget Some have argued todayÐand they've bol- One final note. If any of you are concerned would not apply. stered their arguments with testimonials from that H.R. 842 will put a squeeze on other I certainly appreciate the important role the some of the Nation's leading economic ex- needed Federal programs, let me remind Federal Government plays in maintaining Fed- perts, the same experts, by the way, who Members of two key points: April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3533 First, transportation spending would still DEPARTMENT OF TRANSPORTATION, Mr. SHAYS. Mr. Chairman, reserving have to be approved by the Appropriations FEDERAL AVIATION ADMINISTRA- the right to object, I request to know Committee; and TION, why we would be doing it this way. Second, 42,000 jobs are created in America Washington, DC, April 5, 1996. There are only five sections. Hon. CORRINE BROWN, for every $1 billion invested in Federal trans- House of Representatives, Mr. SHUSTER. Mr. Chairman, if the portation projects. Washington, DC. gentleman will yield, for the conven- The bottom line is, Congress will never bal- DEAR CONGRESSWOMAN BROWN: Adminis- ience of the Members. ance the Federal budget unless the American trator Hinson has asked me to respond to Mr. SHAYS. Mr. Chairman, I would economy continues to grow. Unless the Con- your letter supporting a request for Airport be willing to consider the gentleman’s gress takes action now to make the needed Improvement Program (AIP) funding to re- imburse the city of Gainesville for expenses request in the future, but until we con- investments in our Nation's infrastructure, our sult, I do object. economy will wilt on the vine, we will continue involved in acquiring property through in- verse condemnation. The CHAIRMAN. Objection is heard. to lose jobs, and America will cease to be the The city of Gainesville’s request for fiscal Are there amendments to section 1? economic leader of the world. year (FY) 1996 noise discretionary funds was Vote ``yes'' on H.R. 842. considered carefully. Because of severely If not, the Clerk will designate sec- Ms. BROWN of Florida. Mr. Chairman, I limited AIP funds, including those funds des- tion 2. want to thank the entire leadership of the ignated for noise compatibility and plan- The text of section 2 is as follows: Transportation and Infrastructure Committee ning, we rely strongly on our priority-rating SEC. 2. BUDGETARY TREATMENT OF HIGHWAY for being so diligent in bringing the issue of in- system to select projects for funding. This TRUST FUND, AIRPORT AND AIRWAY vestment in our Nation's infrastructure to the rating system considers the type of work and TRUST FUND, INLAND WATERWAYS the activity level of the airport when assign- TRUST FUND, AND HARBOR MAINTE- attention of the American people. You should ing the priorities. Unfortunately, based on NANCE TRUST FUND. be commended for all of your efforts in getting its priority, we do not have sufficient fund- Notwithstanding any other provision of law, this bill to the floor for a vote, despite the ing to approve a grant for Gainesville’s noise the receipts and disbursements of the Highway strong opposition of H.R. 842 by powerful project at this time. Trust Fund, the Airport and Airway Trust Members of the House. I assure you that the Federal Aviation Ad- Fund, the Inland Waterways Trust Fund, and As a cosponsor of H.R. 842, the Truth in ministration (FAA) will continue to work the Harbor Maintenance Trust Fund— Budgeting Act, I believe that moving the trust with the city to provide reimbursement for (1) shall not be counted as new budget au- funds off budget is vital to ensuring that we the land acquisition already completed. To- thority, outlays, receipts, or deficit for surplus ward that end, we will retain the city’s grant for purposes of— will be able to meet the vast infrastructure application on file for future consideration (A) the budget of the United States Govern- needs of our Nation's transportation systems, as funds become available. We are hopeful ment as submitted by the President, provide adequate funding for the National that reauthorization of the AIP beyond FY Highway System, and ensure that ISTEA is 1996 will provide adequate funding and allow (B) the congressional budget (including allo- fully funded. us to carry out these intentions. cations of budget authority and outlays pro- vided therein), or The current, documented, unmet transpor- The FAA continues to support the Gaines- ville Regional Airport through AIP entitle- (C) the Balanced Budget and Emergency Defi- tation infrastructure needs of our Nation are cit Control Act of 1985; and enormous. Those needs are $212 billion to fix ment funds. A current year project has been approved totaling $1.66 million in Federal (2) shall be exempt from any general budget 265,000 miles of highways which are below funds to continue the expansion and renova- limitation imposed by statute on expenditures acceptable engineering standards; $78 billion tion of the terminal building. and net lending (budget outlays) of the United to fix 238,000 bridges which are rated as If we can be of further assistance, please States Government. structurally deficient; and $80 billion in public contact Mr. A. Bradley Mims, Assistant Ad- The CHAIRMAN. Are there amend- ministrator for Government and Industry Af- wastewater treatment facility needs. ments to section 2? I represent Florida's Third Congressional fairs, at 202–267–3277. District which includes four interstate high- Sincerely, AMENDMENT OFFERED BY MR. SHUSTER. ways, two international airports, eight regional JAMES H. WASHINGTON, Mr. SHUSTER. Mr. Chairman, I offer Acting Associate Administrator for Airports. or commuter airports, a major seaport, and a The CHAIRMAN. All time for general an amendment. river used extensively for intrastate commerce. debate has expired. The Clerk read as follows: Every year, I assist these Florida transpor- The amendment in the nature of a Amendment offered by Mr. SHUSTER: Page tation facilities in getting Federal dollars. But substitute printed in the bill shall be 3, line 10, insert ‘‘except the Line Item Veto there is never enough money to meet all of considered by sections as an original Act of 1996’’ before the comma. their needs. I would like to enter into the bill for the purpose of amendment, and Mr. SHUSTER. During the debate on RECORD a letter that I just received from the pursuant to the rule, each section is the rule, Mr. Chairman, some concern FAA talking about severely limited AIP funds considered as having been read. was expressed as to whether the Line- and denying a funding request from the During consideration of the bill for Item Veto Act would apply to trust Gainesville Regional Airport. The city of amendment the Chairman of the Com- fund spending if this bill passes. We be- Gainesville's airport is not the only airport af- mittee of the Whole may accord prior- lieve it will, and it certainly is our in- fected by the AIP funding situation. Of the Na- ity in recognition to a Member offering tent that it apply. However, because tion's top 100 airports, 23 are incredibly con- an amendment that has been printed in this question has been raised, I want to gested, and would use additional funds for ex- the designated place in the CONGRES- make it crystal clear that this is one pansion purposes. SIONAL RECORD. Those amendments more of the protections that exist in We would be able to address some of these will be considered as read. this legislation and, indeed, this transportation needs if the transportation trust The Clerk will designate section 1. amendment clarifies it, and I offer it funds are moved off budget. The four trans- The text of section 1 is as follows: on behalf of myself and the gentleman portation trust funds, highway trust fund, avia- Be it enacted by the Senate and House of Rep- from Florida [Mr. GOSS], to clarify the tion trust fund, inland waterways trust fund, resentatives of the United States of America in fact that the line-item veto does apply. and the harbor maintenance trust fund are Congress assembled, This amendment removes any ambigu- unique in that they are wholly user financed, SECTION 1. SHORT TITLE. ity. invest in transportation infrastructure, and are This Act may be cited as the ‘‘Truth in Budg- deficit proof. Taking highway trust funds off eting Act’’. Mr. ORTON. Mr. Chairman, I rise in budget frees up $1.1 billion for ISTEA spend- The CHAIRMAN. Are there any opposition to the amendment. ing. amendments to section 1? Mr. Chairman, before stating opposi- I urge all of my colleagues to support this Mr. SHUSTER. Mr. Chairman, I ask tion to the amendment, I would like to good bill which will ensure that taxes paid by unanimous consent that the amend- inquire about some further explanation the American people for more roads, ex- ment in the nature of a substitute be of the amendment, and I may not actu- panded transit systems, safer bridges, up- printed in the RECORD and open to ally oppose the amendment. I have not dated equipment for our air traffic control cen- amendment at any point. had an opportunity to see the wording ters, adequate number of Coast Guard sta- The CHAIRMAN. Is there objection of the amendment. tions, and for many other transportation pur- to the request of the gentleman from My inquiry to the chairman would be poses are used for those purposes. Pennsylvania? if it is the intent of this amendment to H3534 CONGRESSIONAL RECORD — HOUSE April 17, 1996 apply the line-item veto provisions as tleman has indicated, Mr. Chairman, mittee chairman wished to avoid all signed by the President to all expendi- that the line-item veto would, not only criticism of this bill as not pertaining tures of the trust fund, which would in- under current law but under his under line-item veto, then in fact he clude contract authority as well? amendment, apply line-item veto to all could seek to waive the germaneness Mr. SHUSTER. Mr. Chairman, will contract authority, then I would favor requirement under unanimous consent, the gentleman yield? the amendment and urge its adoption. could in fact ask to have that amended Mr. ORTON. I yield to the gentleman Mr. SHUSTER. No, not at all, Mr. expanded. from Pennsylvania. Chairman. I would say to my friend Mr. SHUSTER. Mr. Chairman, will Mr. SHUSTER. Mr. Chairman, the that it applies to contract authority in the gentleman yield? answer is yes, just as it applies to any- the same way that the current law ap- Mr. ORTON. I yield to the gentleman thing else. plies to contract authority, which, in- from Pennsylvania. Mr. ORTON. And so, then, contract deed, is above the baseline. Mr. SHUSTER. If the gentleman can authority spending by the Committee Mr. ORTON. Mr. Chairman, may I assure me that by doing so I would re- on Transportation and Infrastructure ask the gentleman to amend his move all criticism from this bill, I would be subject to line-item veto? amendment to expand it so that, in would certainly seriously consider Mr. SHUSTER. Mr. Chairman, if the fact, it would apply to all contract au- doing that, but I do not think that is a gentleman will continue to yield, that thority? reality. I thank the gentleman for is the way it is today and that is the Mr. SHUSTER. No, I would not be- yielding. way it would be under our legislation. cause we have offered this to have it Mr. ORTON. Reclaiming my time, I The answer is yes. apply exactly as the current law ap- think it will remove criticism from the Mr. ORTON. Only above baseline. plies. amendment and in fact eliminate one Mr. SHUSTER. It applies just the Mr. ORTON. Then, in fact, Mr. Chair- of the objections that many people way the bill currently applies. have had to this particular bill. Mr. ORTON. Well, Mr. Chairman, man, I take back the balance of my Mr. GOSS. Mr. Chairman, I move to that is my concern, because as the gen- time and I would simply make the strike the last word. tleman will recall, during the debate of point that if the gentleman is not will- Mr. Chairman, I was unable to be on the line-item veto bill I rose to propose ing to expand his amendment to make the floor for the full discussion of the an amendment to the line-item veto it absolutely clear that the line-item line-item veto. The chairman of the bill, to apply the line-item veto to con- veto applies to all contract authority committee and I had a bit of a dialog tract authority as well. The proponent spending by the committee, then, in about it this morning during the rule, of the amendment rose and vehemently fact, the argument that was raised dur- and we came down to the conclusion opposed my amendment. My amend- ing the debate on the rule is, in fact, that we were not sure whether we were ment failed. applicable. clear on whether or not the legislation Mr. SHUSTER. Mr. Chairman, I Because there is a concern that there before us would or would not be subject would say to the gentleman that the may be spending that is not covered by to the line-item veto. In the interest of conference report includes all discre- line-item veto; that, in fact, that clarity, we wanted to make absolutely tionary spending, including contract spending may continue to be simply certain that this legislation was sub- authority and, therefore, this would pork barrel spending; it may continue ject to the line-item veto as passed by apply. to be authorized under this legislation, Mr. ORTON. Mr. Chairman, I am so that a committee of Congress can di- the Congress, as signed by the Presi- happy to hear the gentleman’s inter- rectly authorize contract expenditures, dent into law, and that, I believe, is the pretation of that. That, I think, clari- which neither come within the fiscal purpose of the chairman’s amendment. fies, and if, in fact, that is an accurate restraints of the budget act nor comes I certainly support what the chair- interpretation, that this would apply within the fiscal restraints of the line- man is trying to accomplish, if it is as to all spending from the trust fund, in- item veto, thereby completely avoiding I believe, to clarify that this legisla- cluding all contract authority, not just and evading any type of fiscal restraint tion will be subject to the Line Item an amount above the baseline. on that spending. Veto Act of 1996, which is the way I Mr. SHUSTER. Mr. Chairman, I So, Mr. Chairman, I would oppose the read the one-line amendment that he would say to the gentleman that it ap- amendment as it stands; would encour- has proposed. plies the same way the existing law ap- age the gentleman to expand the Mr. SHUSTER. Mr. Chairman, will plies today. The gentleman’s amend- amendment to make it clear that the the gentleman yield. ment offered some months ago failed in line-item veto does, in fact, apply to Mr. GOSS. I am happy to yield to the this body. all contract spending by the commit- gentleman from Pennsylvania. Mr. ORTON. But, Mr. Chairman, I tee, authorized by the committee; and Mr. SHUSTER. Mr. Chairman, this would ask if it is the gentleman’s in- if, in fact, he would do that, I would amendment will make this legislation terpretation that all contract author- support the amendment and urge my subject to the Line Item Veto Act of ity would—— colleagues to vote for it. 1996, the answer is yes. Mr. SHUSTER. No, Mr. Chairman, it The CHAIRMAN. The time of the Mr. GOSS. I thank the gentleman. is my interpretation that this applies gentleman from Utah [Mr. ORTON] has Mr. Chairman, reclaiming my time, I just exactly the way the law applies expired. think that that was the clarification today. (On request of Mr. SHUSTER, and by that we were all seeking with regard to Mr. ORTON. In other words, Mr. unanimous consent, Mr. ORTON was al- the line item veto, and I think that to Chairman, the gentleman is saying lowed to proceed for 3 additional min- go any further than that, to try and that this does not apply to contract au- utes.) somehow now amend the line item thority spending. Mr. SHUSTER. Mr. Chairman, if the veto, would of course not only be inap- Mr. SHUSTER. Yes, it does apply to gentleman will continue to yield, the propriate but nongermane and beyond contract authority in the same way gentleman is trying to rewrite the line- the scope and so forth. that is applied under the current law. item veto law. I am informed what we Mr. SABO. Mr. Chairman, will the Mr. ORTON. Mr. Chairman, there is a have done here goes as far as we can go gentleman from Florida yield? question whether the current law does within this legislation. It would not be Mr. GOSS. I am happy to yield to the apply to contract authority, which is germane for us to attempt to rewrite gentleman from Minnesota. the issue I am raising, and that is why the line-item veto law in this legisla- Mr. SABO. Mr. Chairman, I am just I wish for the chairman to be on tion. So we are simply offering this to curious, how could this bill not have record. conform with the line-item veto law, the Line Item Veto Act of 1996 apply to Mr. SHUSTER. Mr. Chairman, I am which is now the law of the land. it. told by our counsel it does apply to Mr. GOSS. Reclaiming my time, my b contract authority. 1430 understanding from the Parliamentar- Mr. ORTON. That is the point I wish Mr. ORTON. Mr. Chairman, I am sim- ian, the need for this amendment fol- to make. And if, in fact, as the gen- ply suggesting that if needed the com- lows this reason. The main reason the April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3535 trust fund bill is now exempt from the Mr. GOSS. Reclaiming my time, con- ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY Line Item Veto Act is that the Presi- tract authority is not discretionary. It WITHHELD.— dent can only exercise the line-item is direct spending, and direct spending ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If, veto if he certifies that cancellation of is covered but it is not discretionary. I after a reduction has been made under sub- section (c)(2), the Secretary determines that the the item will reduce the deficit. Since am sorry, that is the way it is. amount described in subsection (a)(1) does not the trust fund bill would remove dis- I yield further to the gentleman from exceed the amount described in subsection (a)(2) bursements for purposes of calculating Minnesota. or that the excess referred to in subsection (b) is the deficit, the President would be pre- Mr. SABO. I thank the gentleman for less than the amount previously determined, vented from exercising a veto author- yielding. each amount authorized to be appropriated that ity absent compliance with the deficit It is my understanding that the ap- was reduced under subsection (c)(2) shall be in- reduction standard. plication of line-item veto to contract creased, by an equal percentage, to the extent I am happy to yield further to the authority is much more limited than it the Secretary determines that it may be so in- gentleman from Minnesota. creased without causing the amount described is to any discretionary appropriated in subsection (a)(1) to exceed the amount de- Mr. SABO. Now I understand why the funds, and that in fact that it only ap- scribed in subsection (a)(2) (but not by more gentleman may need this amendment, plies to increases in baseline spending. than the amount of the reduction). because of that language. Do I also un- Mr. GOSS. My time is finished. I am ‘‘(2) APPORTIONMENT.—The Secretary shall derstand that the Line Item Veto Act not sure the gentleman’s interpreta- apportion amounts made available for appor- does not apply to contract authority in tion is correct. But the gentleman is tionment by paragraph (1). the same fashion as it applies to other entitled to his interpretation. ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap- discretionary spending? The CHAIRMAN. The question is on portioned under paragraph (2) shall remain Mr. GOSS. Mr. Chairman, I do not the amendment offered by the gen- available for the period for which they would be want to speak for the Line Item Veto available if such apportionment took effect with tleman from Pennsylvania [Mr. SHU- the fiscal year in which they are apportioned Act. The Line Item Veto Act speaks for STER]. under paragraph (2). itself. As the gentleman knows, we did The amendment was agreed to. ‘‘(e) REPORTS.—Any estimate under subsection discretionary authority, new entitle- The CHAIRMAN. Are there further (a) and any determination under subsection (b), ments and targeted tax benefits in line- amendments to section 2? (c), or (d) shall be reported by the Secretary to item veto. So to the extent what we Mr. SHUSTER. Mr. Chairman, I ask Congress. are talking about falls into those areas unanimous consent that the remainder ‘‘(f) DEFINITIONS.—For purposes of this sec- under the act as written, the answer of the amendment in the nature of a tion, the following definitions apply: ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net would be yes. substitute be printed in the RECORD Mr. SABO. Mr. Chairman, my under- aviation receipts’ means, with respect to any pe- and open to amendment at any point. riod the excess of— standing is the Line Item Veto Act, The CHAIRMAN. Is there objection ‘‘(A) the receipts (including interest) of the that its application to contract author- to the request of the gentleman from Airport and Airway Trust Fund during such pe- ity is much more limited than it is to Pennsylvania? riod, over discretionary spending as exists in ap- There was no objection. ‘‘(B) the amounts to be transferred during propriation bills from year to year. Is The text of the remainder of the such period from the Airport and Airway Trust that accurate? amendment in the nature of a sub- Fund under section 9502(d) of the Internal Rev- Mr. GOSS. Reclaiming my time, I am stitute is as follows: enue Code of 1986 (other than paragraph (1) thereof). not sure that it is. Again, I think that SEC. 3. SAFEGUARDS AGAINST DEFICIT SPEND- ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.— I should refer the gentleman to the act ING OUT OF AIRPORT AND AIRWAY TRUST FUND. The term ‘unfunded aviation authorization’ the way it is written. I believe it refers means, at any time, the excess (if any) of— to contract authority, and I believe (a) IN GENERAL.—Chapter 471 of title 49, Unit- ed States Code, is amended— ‘‘(A) the total amount authorized to be appro- that the proper way to respond to the priated from the Airport and Airway Trust question is to refer the gentleman to (1) by redesignating section 47131 as section 47132; and Fund which has not been appropriated, over the act. There may be some parliamen- (2) by inserting after section 47130 the follow- ‘‘(B) the amount available in the Airport and tary interpretation. ing new section: Airway Trust Fund at such time to make such Mr. SABO. I would ask the gen- appropriation (after all other unliquidated obli- ‘‘§ 47131. Safeguards against deficit spending tleman from Pennsylvania, is it his un- gations at such time which are payable from the ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AU- derstanding that the Line Item Veto Airport and Airway Trust Fund have been liq- THORIZATIONS AND NET AVIATION RECEIPTS.— uidated).’’. Act pertains to contract authority in Not later than March 31 of each year, the Sec- (b) CONFORMING AMENDMENT.—The analysis the same fashion as it does to discre- retary, in consultation with the Secretary of the for chapter 471 of title 49, United States Code, is tionary appropriated spending or is it a Treasury, shall estimate— amended by striking more limited application? ‘‘(1) the amount which would (but for this ‘‘47131. Annual report.’’ Mr. GOSS. Since the time is mine, I section) be the unfunded aviation authoriza- and inserting the following: would be very happy to yield to the tions at the close of the first fiscal year that be- gentleman if he wishes me to. But I gins after that March 31 and ‘‘47131. Safeguards against deficit spending. will tell the gentleman that what he is ‘‘(2) the net aviation receipts at the close of ‘‘47132. Annual report.’’. such fiscal year. asking is contract authority and direct SEC. 4. SAFEGUARDS AGAINST DEFICIT SPEND- ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIA- ING OUT OF THE INLAND WATER- spending questions are covered already TION AUTHORIZATIONS.—If the Secretary deter- WAYS TRUST FUND AND HARBOR in the act. mines for any fiscal year that the amount de- MAINTENANCE TRUST FUND. Mr. SABO. But I am just curious, to scribed in subsection (a)(1) exceeds the amount (A) ESTIMATES OF UNFUNDED INLAND WATER- what degree the line-item veto is dif- described in subsection (a)(2), the Secretary WAYS AUTHORIZATIONS AND NET INLAND WATER- ferent for the direct spending of con- shall determine the amount of such excess. WAYS RECEIPTS.—Not later than March 31 of tract authority versus that of appro- ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UN- each year, the Secretary of the Army, in con- sultation with the Secretary of the Treasury, priated discretionary funds. FUNDED AUTHORIZATIONS EXCEED RECEIPTS.— ‘‘(1) DETERMINATION OF PERCENTAGE.—If the shall estimate— Mr. SHUSTER. Mr. Chairman, will Secretary determines that there is an excess re- (1) the amount which would (but for this sec- the gentleman yield? ferred to in subsection (b) for a fiscal year, the tion) be the unfunded inland waterways au- Mr. GOSS. I am happy to yield to the Secretary shall determine the percentage thorizations and unfunded harbor maintenance gentleman from Pennsylvania. which— authorizations at the close of the first fiscal Mr. SHUSTER. Mr. Chairman, all I ‘‘(A) such excess, is of year that begins after that March 31; and can tell the gentleman is, it is our in- ‘‘(B) the total of the amounts authorized to be (2) the net inland waterways receipts and net tention and our belief that in fact what appropriated from the Airport and Airway Trust harbor maintenance receipts at the close of such we are doing here is saying that the Fund for the next fiscal year. fiscal year. line-item veto shall apply as it applies ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If the (b) PROCEDURE IF EXCESS UNFUNDED INLAND Secretary determines a percentage under para- WATERWAYS AUTHORIZATIONS.—If the Secretary in the current line-item veto law. If the graph (1), each amount authorized to be appro- of the Army determines with respect to the In- gentleman has questions about the nu- priated from the Airport and Airway Trust land Waterways Trust Fund or the Harbor ances of that law, this gentleman is Fund for the next fiscal year shall be reduced Maintenance Trust Fund for any fiscal year not prepared to answer them. by such percentage. that the amount described in subsection (a)(1) H3536 CONGRESSIONAL RECORD — HOUSE April 17, 1996 exceeds the amount described in subsection nance authorizations’’ means, at any time, the The amendment I offer proposes to (a)(2), the Secretary shall determine the amount excess (if any) of— limit the interest earned on highway of such excess. (A) the total amount authorized to be appro- trust fund dollars in an amount equal (c) ADJUSTMENT OF AUTHORIZATIONS IF UN- priated from the Harbor Maintenance Trust to the rate on a 1-year Federal Treas- FUNDED AUTHORIZATIONS EXCEED RECEIPTS.— Fund which has not been appropriated, over (1) DETERMINATION OF PERCENTAGE.—If the (B) the amount available in the Harbor Main- ury note. That number is about 5 per- Secretary of the Army determines that there is tenance Trust Fund at such time to make such cent, just a little above, 5.1 percent. an excess referred to in subsection (b) for a fis- appropriations. The effect of the amendment would cal year, the Secretary of the Army shall deter- SEC. 5. APPLICABILITY. be to reduce the amount of interest mine the percentage which— This Act (including the amendments made by earned by the transportation trust (A) such excess, is of this Act) shall apply to fiscal years beginning funds, thereby reducing the ever-in- (B) the total of the amounts authorized to be after September 30, 1995. appropriated from the Inland Waterways Trust creasing balance that has accumulated The CHAIRMAN. Are there further over a period of several years. Now, Fund or the Harbor Maintenance Trust Fund, amendments to the amendment in the as the case may be, for the next fiscal year. this is an amendment that I offer for (2) ADJUSTMENT OF AUTHORIZATIONS.—If the nature of a substitute? myself, for the Chairman, with whom I Secretary of the Army determines a percentage AMENDMENT OFFERED BY MR. OBERSTAR have consulted in the preparation of under paragraph (1), each amount authorized to Mr. OBERSTAR. Mr. Chairman, I this amendment. This is, again, a dem- be appropriated from the Trust Fund for the offer an amendment. onstration on our part of our good faith next fiscal year shall be reduced by such per- The Clerk read as follows: to limit in the future the growth of centage. Amendment offered by Mr. OBERSTAR: (d) AVAILABILITY OF AMOUNTS PREVIOUSLY this trust fund and to gradually reduce Page 3, line 10, strike ‘‘Notwithstanding’’ that amount, not take that surplus all WITHHELD.—If, after an adjustment has been and insert ‘‘(a) IN GENERAL.—Notwithstand- made under subsection (c)(2), the Secretary of ing’’. at once off budget, but gradually re- the Army determines with respect to the Inland Page 4, after line 14, insert the following duce it over a period of time. To help Waterways Trust Fund or the Harbor Mainte- new subsection: do that, we propose this limitation on nance Trust Fund that the amount described in (b) LIMITATION ON INTEREST PAID TO TRUST the interest rate because over a period subsection (a)(1) does not exceed the amount de- FUNDS.— of time, the trust fund is being long- scribed in subsection (a)(2) or that the excess re- (1) IN GENERAL.—Paragraph (3) of section range dollars, have benefited from the ferred to in subsection (b) with respect to the 9602(b) of the Internal Revenue Code of 1986 Trust Fund is less than the amount previously is amended by adding at the end the follow- longer term interest rate on Treasury determined, each amount authorized to be ap- ing new sentence: ‘‘The amount of interest securities. So in the spirit of fairness propriated that was reduced under subsection credited to the Airport and Airway Trust and comity I propose that we make (c)(2) with respect to the Trust Fund shall be in- Fund, the Highway Trust Fund, the Harbor this change. creased, by an equal percentage, to the extent Maintenance Trust Fund, or the Inland Wa- Mr. SHUSTER. Mr. Chairman, will the Secretary of the Army determines that it terways Trust Fund for any fiscal year shall the gentleman yield? may be so increased without causing the not exceed the amount of interest which Mr. OBERSTAR. I am happy to yield amount described in subsection (a)(1) to exceed would be credited to such Fund if such inter- to my Chairman, the gentleman from with respect to the Trust Fund the amount de- est were determined at the average interest scribed in subsection (a)(2) (but not by more rate on 52-week Treasury securities sold to Pennsylvania. than the amount of the reduction). the public during such fiscal year.’’ Mr. SHUSTER. Mr. Chairman, I un- (e) REPORTS.—Any estimate under subsection (2) EFFECTIVE DATE.—The amendment derstand that this has indeed been (a) and any determination under subsection (b), made by paragraph (1) shall apply to fiscal worked out with the gentleman from (c), or (d) shall be reported by the Secretary of years beginning after the date of the enact- Wisconsin [Mr. OBEY] and the gen- the Army to Congress. ment of this Act. tleman from Minnesota [Mr. SABO], (f) DEFINITIONS.—For purposes of this section Mr. OBERSTAR (during the reading). Members on our side, and I think it is the following definitions apply: Mr. Chairman, I ask unanimous con- (1) AIRPORT AND AIRWAY TRUST FUND.—The a fair approach and I support it. term ‘‘Airport and Airway Trust Fund’’ means sent that the amendment be considered Mr. SABO. Mr. Chairman, will the the Airport and Airway Trust Fund established as read and printed in the RECORD. gentleman yield? by section 9502 of the Internal Revenue Code of The CHAIRMAN. Is there objection Mr. OBERSTAR. I yield to my col- 1986. to the request of the gentleman from league, the gentleman from Minnesota. (2) HARBOR MAINTENANCE TRUST FUND.—The Minnesota? Mr. SABO. I thank the gentleman term ‘‘Harbor Maintenance Trust Fund’’ means There was no objection. from Minnesota for yielding, and he the Harbor Maintenance Trust Fund established Mr. OBERSTAR. Mr. Chairman, we by section 9505 of the Internal Revenue Code of has a good amendment, we should pass had during the time of general debate it. 1986. extensive discussion about the role of (3) HIGHWAY TRUST FUND.—The term ‘‘High- Mr. SHAYS. Mr. Chairman, will the way Trust Fund’’ means the Highway Trust interest paid on revenues from the gentleman yield? Fund established by section 9503 of the Internal highway trust fund that are collected Mr. OBERSTAR. I am happy to yield Revenue Code of 1986. at the pump and then used by the to the gentleman from Connecticut. (4) INLAND WATERWAYS TRUST FUND.—The Treasury Department to purchase Mr. SHAYS. Mr. Chairman, I am term ‘‘Inland Waterways Trust Fund’’ means Treasury notes, as happens with all happy to support the gentleman’s the Inland Waterways Trust Fund established trust funds in the Federal Government. by section 9506 of the Internal Revenue Code of amendment. As I said in my remarks, my closing re- The CHAIRMAN. The question is on 1986. marks, would anyone reasonably ex- (5) NET HARBOR MAINTENANCE RECEIPTS.—The the amendment offered by the gen- pect the Federal Government not to term ‘‘net harbor maintenance receipts’’ means, tleman from Minnesota [Mr. OBER- honor its obligation to pay interest on with respect to any period, the receipts (includ- STAR]. ing interest) of the Harbor Maintenance Trust Treasury bonds, on our World War I The amendment was agreed to. Fund during such period. bonds, on World War II bonds, on other AMENDMENT OFFERED BY MR. SMITH OF (6) NET INLAND WATERWAYS RECEIPTS.—The securities of the Treasury Department MICHIGAN term ‘‘net inland waterways receipts’’ means, that are purchased by U.S. citizens, by Mr. SMITH of Michigan. Mr. Chair- with respect to any period, the receipts (includ- foreign interests, by foreign govern- ing interest) of the Inland Waterways Trust man, I offer an amendment. ments, which buy in great numbers Fund during such period. The CHAIRMAN. The Clerk will des- Treasury securities which underwrite (7) UNFUNDED INLAND WATERWAYS AUTHORIZA- ignate the amendment. the deficit? No, of course not, not ex- TIONS.—The term ‘‘unfunded inland waterways The text of the amendment is as fol- pected. So with the trust funds. authorizations’’ means, at any time, the excess lows: (if any) of— Mr. Chairman, those trust funds are (A) the total amount authorized to be appro- used to purchase Treasury securities, Amendment offered by Mr. SMITH of Michi- priated from the Inland Waterways Trust Fund and interest is required to be paid. gan: Page 12, after line 22, insert the follow- ing: which has not been appropriated, over Under current law, the interest earned (B) the amount available in the Inland Water- SEC. 5. APPROPRIATION OF INTEREST EARNINGS ways Trust Fund at such time to make such ap- by the highway trust fund is the aver- OF HIGHWAY TRUST FUND. propriations. age of all interest paid on the public (a) PURPOSE.—It is the purpose of this sec- (8) UNFUNDED HARBOR MAINTENANCE AUTHOR- debt. That average runs about 6.6 per- tion to offset the approximately IZATIONS.—The term ‘‘unfunded harbor mainte- cent. $82,000,000,000 that has been appropriated April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3537 from the general fund of the Treasury for mane, and, therefore, I ask unanimous The question of taking the highway trust Federal-aid highway and mass transit con- consent to withdraw the amendment. fund off budget or continuing to expend these struction projects. The CHAIRMAN. Is there objection moneys under current procedures misses the (b) APPROPRIATION OF INTEREST EARN- to the request of the gentleman from point of what our ultimate goal should be. I INGS.—On September 30, 1996, there is hereby appropriated from the Highway Trust Fund Michigan to withdraw his amendment? would hope that we all agree that our goal is to the general fund of the Treasury an There was no objection. to spend transportation money from the States amount equal to the aggregate amounts of The CHAIRMAN. The amendment of in the most effective and efficient way and ac- interest credited to the Highway Trust Fund the gentleman from Michigan [Mr. commodate the transportation needs of each before such date. SMITH] is withdrawn. State. Page 13, line 1, strike ‘‘5’’ and insert ‘‘6’’. AMENDMENT OFFERED BY MR. SMITH OF Detouring gas tax funds through the Federal Mr. SHUSTER. Mr. Chairman, I re- MICHIGAN Government to be returned after paying Fed- serve a point of order against the Mr. SMITH of Michigan. Mr. Chair- eral administration costs is not effective or effi- amendment until we know what the man, I offer an amendment. cient. Allowing politicians in power to get more amendment is. The CHAIRMAN. The Clerk will des- than their fair share is not effective or efficient. Mr. SMITH of Michigan. Mr. Chair- ignate the amendment. Not only do we use up vast sums in adminis- man, this is amendment No. 8 printed The text of the amendment is as fol- tration and manipulate funding for political pur- on page H3489, amendment on page 12 lows: poses but we send the remaining funds back after line 22. Amendment offered by Mr. SMITH of Michi- to the States with Federal regulations and Mr. SHUSTER. Mr. Chairman, I re- gan: Page 8, lines 10 and 11, strike ‘‘the re- mandates such as the Davis-Bacon Act that serve the right to object until we have ceipts and disbursements of’’ and insert the add billions of dollars of increased costs to an opportunity to examine the amend- following: ‘‘the amounts that after the date highway and mass transit construction. Gabriel ment to see whether it is germane. of the enactment of this Act are received by Roth who wrote ``Roads in a Market Econ- The CHAIRMAN. The gentleman or disbursed from’’. omy'' suggests that a State would have to get from Pennsylvania reserves a point of Mr. SHUSTER. Mr. Chairman, I re- back 150% of what it sent to Washington in order against the amendment. serve a point of order against this order to break even because of these Federal The gentleman from Michigan [Mr. amendment until we have an oppor- mandates. That means that there are only 10 SMITH] is recognized for 5 minutes. tunity to examine it. States in the Nation that get back enough Mr. SMITH of Michigan. Mr. Chair- The CHAIRMAN. The gentleman from Washington to equal what could be ac- man, this amendment takes into ac- from Pennsylvania reserves a point of complished if the gas tax money stayed in the count the problem of the accumulated order. State to begin with. interest that is now in the highway The gentleman from Michigan [Mr. If we agree that we want the most efficient trust fund in the amount of $19 billion. SMITH] is recognized for 5 minutes. use of the available funds for transportation, Again, the question is, should Con- Mr. SHUSTER. Mr. Chairman, I with- then I suggest that we leave these funds at gress, in past general fund appropria- draw my point of order. the State level in the first place. The Federal tions for highway purposes, so des- The CHAIRMAN. The gentleman Government should retain only funding to pro- ignate that it was trust fund money from Pennsylvania withdraws his point vide a transition for those States that are cur- rather than the general fund? General of order. rently benefiting and for transportation safety. fund expenditures since 1956, when we The Chair recognizes the gentleman Each State would then levy the gas tax locally started the highway trust fund, have from Michigan [Mr. SMITH]. in order to fund its own transportation system. exceeded $38 billion. The estimate is Mr. SMITH of Michigan. This amend- This would end the process of sending State money to Washington to have some of it someplace between $38 billion and $40 ment deals with the same issue. A lot drained off in administration, some of it redis- billion. This is general fund appropria- of the concern about taking the High- tributed, and then be forced to beg to get the tions for highway purposes that were way Trust Fund off budget is that the additional moneys that have now accu- remainder. not designated to come out of the trust This suggestion is not new. The concept of fund. mulated in interest and indebtedness from the Highway Trust Fund, in the returning responsibilities to the States has So what we have been doing over the been at the forefront of the welfare debate. years is spending more and more amount of $20 billion, the Airport and Senator MACK of Florida has been a leader on money out of the general fund, at the Airway Trust Fund, amounting to ad- ditional $11 billion would be spent, this issue on the Senate side. The Heritage same time we were spending every cent Foundation suggested devolution of the high- that came in from the highway gas tax. thereby taking money away from other programs. This would result in one of way program to the States in a report last So it is reasonable, I am suggesting to year. The support for this concept is building. my colleagues, to consider that money two scenarios: Either we borrow more money or we reduce expenditures in We should not shy away from examining that has been spent out of the general from time to time each of our Federal pro- other areas. fund an offset to the $19 billion now grams and see if conditions still warrant the This amendment provides that the owed to the trust fund by the general program at all, and if they do, should another only funds coming off budget would be fund. The accumulated interest on level of government be responsible. Having funds being received into those trust some of the trust fund money diverted served in local and State government before funds from this coming September for- in the 1960’s is the question in this tak- coming to Congress, I can say that the benefit ward. So what it does is it reserves and ing off-budget debate. Some have sug- of the doubt should lie with the government keeps on budget the so-called cash ac- gested that that $19 billion is the prop- closest to the people. We should not be afraid count or the accumulated interest and erty of the trust fund and therefore to examine the proper role of the various level other assumed debt that now exists. It should be spent for roads. I am suggest- of governments in the highway program. I be- is my suggestion that that is reason- ing that because of the fact that we lieve that once one looks into the transpor- have now spent approximately $40 bil- able because this body needs to deal tation system in detail, the arguments support lion out of the general fund for roads, with the question of whether or not a smaller Federal role and a greater State and an additional $40 billion out of the gen- those funds have already been paid local role. eral funds for mass transit, that it is back. It is my suggestion that, because This body should vote against this bill that reasonable to consider those expendi- there has been approximately $40 bil- would simply move the inefficient way we ex- tures as an offset to the interest that lion coming out of the general fund for pend dollars for transportation infrastructure has been accumulating which rep- highway construction, because of the from one committee to another and truly take resents approximately $19 billion. This fact that there has been another $40 the highway trust fund off budget by devolving amendment negates that $19 billion. billion coming out of the general fund the responsibility and revenue base back to for mass transit, that we have ade- b our States and communities. 1445 quately paid back those funds. There- Mr. SHUSTER. Mr. Chairman, I rise I understand that my colleague from fore, at this time it seems reasonable in strong opposition to this amend- Pennsylvania is going to pursue his that we not transfer these funds off ment. point of order that this amendment is budget and we amend this bill accord- There are several reasons why this not germane. It is technically not ger- ingly. amendment should be defeated. It is a H3538 CONGRESSIONAL RECORD — HOUSE April 17, 1996 killer amendment which really has the The $30 billion of surplus that we the bill. This is a killer amendment. effect of prohibiting any spending of have been debating about all afternoon, The gentleman from Michigan [Mr. the accumulated balances in any of the the gentleman would say, oh, sorry, we SMITH] does not like this bill. So in the trust funds. are not going to spend the surplus, we option that he has been given he has Now, if we believe that it is fun- can just spend what comes in on an an- offered his amendment to simply kill damentally wrong to have a $30 billion nual basis. That is what this debate is the bill. balance, money paid in there by the all about, about withholding funds and We know the purpose of the bill is to users, and are now saying that it can building up these accumulated sur- take trust funds off budget and permit never be spent, that is just fundamen- pluses that then are sued to mask the Congress to set whatever levels of tally wrong. There are other ways to deficit. spending it deems appropriate. In the deal with this, more appropriate ways, These surpluses should be off budget Truth in Budgeting Act this amend- and indeed the Committee on Appro- with the trust fund. The surpluses have ment would not allow Congress to de- priations which sets the annual ceiling. accumulated because of failure to termine what trust funds support the If our legislation passes today, the spend the user taxes we agreed to be aviation and highway system needed. Committee on Appropriations will still taxed for that we have agreeably paid So I want to support what the rank- set the annual ceiling, and that is the for the purpose of building highways ing member said and advise Members place to make that decision. But to say and bridges and airports and deepening to defeat this amendment because it, in today that none of the $30 billion that our waterways and improving our navi- fact, will kill the bill. has accumulated can ever be spent is gation channels. As budgetary condi- Mr. SHAYS. Mr. Chairman, I move to just fundamentally wrong. This would tions permit, the surplus should be de- strike the requisite number of words, artificially cordon off that nearly $30 voted to their intended purpose. and with that I yield to my colleague, billion in accumulated balances and The surpluses will not be spent down the gentleman from Michigan [Mr. hold them hostage. overnight, as we have repeatedly said SMITH] to respond to some of the points Mr. SMITH of Michigan. Mr. Chair- in the course of this afternoon’s de- made. man, will the gentleman yield. bate. The bill does not exempt funds or Mr. SMITH of Michigan. Mr. Chair- Mr. SHUSTER. I yield to the gen- the surpluses from the authorization or man, just very briefly, by not having tleman from Michigan. the appropriation process. We will have Mr. SMITH of Michigan. But it is not the so-called cash reserve or the accu- complete control over whether and a question of them not being allowed to mulated interest transferred and taken when the surpluses are drawn down. In be spent. It is a question of them being off budget means it will be spent ex- fact, over the past year the gentleman spent in the same way that it has been actly how the total trust fund has been for Pennsylvania [Mr. SHUSTER] has spent since the existence of the trust spent since it was first started in 1956. been working diligently with the Com- fund in 1956. So it is not a question of not spending Mr. SHUSTER. Mr. Chairman, I do mittee on Appropriations and Commit- the money, it is a question of that $30 not believe that is what the amend- tee on the Budget leadership to try to billion coming under the caps and ment does. What the amendment does work out a plan under which the spend being spent in such a way through the is say you cannot spend it. down would occur. It can be done; we budget process and the appropriation Mr. SMITH of Michigan. No, it just have done so in the past in the aviation process as it has always been spent. does not take them off budget. bill of 1990, the AIP reauthorization The CHAIRMAN. The question is on Mr. SHUSTER. Mr. Chairman, it does bill. the amendment offered by the gen- not take them off budget, and the fun- We worked out a very fine accommo- tleman from Michigan [Mr. SMITH]. damental issue here is that these dation of reasonable accommodation The amendment was rejected. should be taken off budget. This gets to with the Committee on Appropriations, The CHAIRMAN. The Committee will the heart of the question. Indeed these the transportation appropriation sub- rise informally. are user fees paid in there. They should committee, the Office of Management f be taken off budget. and Budget, the Department of Trans- But I would be quick to emphasize portation, the Committee on Ways and MESSAGE FROM THE PRESIDENT that limits should be set on what can Means, under which agreement over a The SPEAKER pro tempore (Mr. be spent, and those limits are what period of time, the very complex ad- LAHOOD) assumed the chair. should be set by the authorizers and by justment, we would draw down the sur- The SPEAKER pro tempore. The the appropriators, and in fact for the plus built up in the aviation trust fund, Chair will receive a message. past year we have been saying we want those moneys to be invested in airport A message in writing from the Presi- to sit down with the appropriators and runways and taxiways and parking dent of the United States was commu- the budgeteers in order to negotiate a aprons that were needed to relieve con- nicated to the House by Mr. Edwin compromise on this kind of an issue, gestion at the Nation’s airports, and it Thomas, one of his secretaries. but unfortunately they were never worked. That money was not all drawn The SPEAKER pro tempore. The willing to sit down and negotiate with down overnight in one big fell swoop; Committee will resume its sitting. us. So now to come at the last minute gradually over a period of time. Unfor- f with a proposal I think, while I would tunately, now the surpluses have begun not want to say it lacks good faith, al- to build up again. TRUTH IN BUDGETING ACT though others have said that, neverthe- So take the trust funds off budget, The Committee resumed its sitting. less I think that this should be de- the surplus will be spent down in a rea- The CHAIRMAN. Are there further feated and we should set these limits sonable and responsible fashion under amendments? through the normal process of the au- accommodations between our commit- AMENDMENT OFFERED BY MR. MINGE thorizing and appropriating commit- tee and the Committee on Appropria- tees. tions, working with the Committee on Mr. MINGE. Mr. Chairman, I offer an Mr. OBERSTAR. Mr. Chairman, I the Budget as well. We do not need this amendment. move to strike the requisite number of amendment. This really is a killer The CHAIRMAN. The Clerk will des- words. amendment. It ought to be defeated ignate the amendment. This amendment is like so many oth- and ought to be unmasked for what it The text of the amendment is as fol- ers that look benign but have a poison is: an attempt to gut the bill. lows: pill attached. Clearly, this amendment Defeat the Smith amendment. Amendment offered by Mr. MINGE: At the undercuts a vitally important purpose Mr. LAHOOD. Mr. Chairman, I move end of Section 2 insert the following: of this legislation, which is to enable to strike the last word. (c) PROHIBITION ON EARMARKING OF HIGH- the Congress to spend down in a phased I just want to emphasize what the WAY TRUST FUND AMOUNTS.—Subsection (a) shall no longer apply with respect to the and fiscally responsible manner the $30 distinguished ranking member of the Highway Trust Fund after the last day of billion in surplus built up in the high- Committee on Transportation and In- any fiscal year in which amounts are made way trust funds and the aviation and frastructure said. If my colleagues vote available for obligation from the Highway the other trust funds. for the Smith amendment, they kill Trust Fund for any highway construction April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3539 project or activity that is specifically des- tion with earmarking, with demonstra- This provision would also return the ignated in a Federal law, a report of a com- tion projects, and abuses of this part of trust funds on budget due to action mittee accompanying a bill enacted into law, the process. made in bills reported in the past by or a joint explanatory statement of conferees I certainly respect what the chair- other committees, other than this accompanying a conference report, as deter- man of this committee has attempted mined by the Director of the Office of Man- Committee on Transportation and In- agement and Budget. to do in regulating and limiting inap- frastructure. If this amendment were propriate earmarks and demonstration Mr. MINGE. Mr. Chairman, I yield to adopted, then another committee could projects. I also wish to pay tribute to the gentleman from California [Mr. prevent these trust funds from ever the Committee on Appropriations, and ROYCE]. coming off budget simply by making the work of the honorable chairman of funds available for any highway con- b 1500 the Subcommittee on Surface Trans- struction purpose in any appropria- Mr. ROYCE. Mr. Chairman, I want to portation and the guidance he has pro- tions bill, for example. point out that this amendment is sup- vided this Chamber in stopping the Fourth, the amendment singles out ported by both supporters and oppo- demonstration highway earmarking highway construction for special treat- nents of H.R. 842. Indeed, the authors of process. ment among all types of transportation the amendment include both pro- Mr. Chairman, the purpose of this trust fund spending. Every year there ponents and opponents of the bill, as amendment is to confirm that if the are numerous earmarks for transit well as those who are as yet undecided. highway trust fund indeed goes off- projects. In fact, there were over 130 But very simply put, Mr. Chairman, budget, we no longer engage in this transit earmarks in the fiscal 1996 the amendment says that if the high- practice. Instead, what we are doing is, transportation appropriations bill. way trust fund is placed off-budget, we are collecting funds, we are remit- There were also over 20 earmarks in ting the funds to the States on a for- there will be no earmarks for specific that same bill which would not be pro- mula basis, and the States are then al- projects. If earmarks occur, the fund hibited by this amendment. locating these funds for projects as the comes back on budget. Finally, this amendment is com- States establish their priorities. Why is this amendment important? pletely unnecessary. Every dollar in Because this bill, H.R. 842, this under- Mr. Chairman, I recognize that some people have problems with the way the the highway trust fund spending is sub- lying bill, would have the effect of ex- ject to the recently enacted line-item empting highway trust fund spending States function, but I think the day has come when we need to say to the veto. Congress will have ample author- from all budgetary controls, including ity to review any highway authoriza- discretionary caps, pay-go rules, and States, ‘‘We repose in you a certain level of trust and confidence, and if you tion bills that make highway trust 602(b) allocations. If we are going to abuse that confidence we will hold you funds available if such bill is passed, give highway funds special protection to a higher standard,’’ not that we will and indeed beyond that, the President from budget rules, then it is reasonable attempt to determine on our own here could use his line-item veto. to hold highway funding to a high in Washington how funds ought to be Rather than being satisfied with this standard of accountability, and that micromanaged around the country. procedure, Mr. Chairman, this amend- means no earmarking. Mr. Chairman, this amendment is de- ment would vest OMB with line-item Highway users who pay into the trust signed to avoid that temptation and to veto authority. For all of these rea- fund deserve to have those funds ex- still comply with the goals that are sons, I would urge my colleagues to re- pended in the most efficient and fair motivating this basic bill, which is to soundingly defeat this amendment. manner possible. Earmarking dis- make these funds available for public Mr. MINGE. Mr. Chairman, will the advantages everyone in every project highway projects throughout this Na- gentleman yield? not on the list, and projects should be tion. Mr. SHUSTER. I yield to the gen- judged on their individual merits, not Mr. SHUSTER. Mr. Chairman, I rise tleman from Minnesota. on patronage. in opposition to the amendment. Mr. MINGE. Mr. Chairman, there This amendment guards against pork Mr. Chairman, there are several rea- barreling and protects the integrity of were two amendments printed in the sons why this amendment should be de- RECORD. One of them was broader. I the highway trust fund. Supporters and feated. First, Mr. Chairman, the opponents of the bill should all agree would like to make sure we are talking amendment would have the effect of about the same amendment. There is on that point. By way of demonstra- preventing these trust funds from ever tion, I just want to remind the Mem- nothing in this one that deals with coming off budget, because it goes far transit funds. bers that in 1991, in the highway dem- beyond what it is purported to do. Let onstration projects, 30 percent of those Mr. SHUSTER. That is correct. That me explain. The amendment places the is exactly the point I am making to the funds went to West Virginia. West Vir- highway trust fund back on budget if ginia is .7 percent of the population. In gentleman. There is nothing here that any funds are made available for any deals with transit funds, which is only 1992, 30 percent went to West Virginia. highway construction project or activ- one of the many reasons this amend- In 1993, we had one-third of all highway ity that is specifically designated. ment should be defeated. demonstration project dollars going to As the gentleman knows, funds for West Virginia; in 1994, $54 million, highway construction projects and ac- Mr. MINGE. But something that which amounted to 43 percent of the tivities were made available in ISTEA would happen with respect to transit highway demonstration dollars; and in for fiscal 1997. Thus, this amendment funds would not be a highway project, 1995, the fiscal year past, Members would automatically return the trust unless it was a specific highway know the story. West Virginia for two funds on budget forever when the fiscal project. Therefore, it would not trigger projects got 52 percent of the Senate’s 1997 transportation appropriation bill the reaction that the gentleman is at- money, or 21 percent of the Nation’s passes. It is not our bill, it is not our tributing to the amendment. highway money for demonstration bill which would cause this to kick in. Mr. SHUSTER. What is good for projects. Second, a return to on-budget treat- highways ought to be good for transit. Mr. Chairman, while the people of ment is not only triggered by funds Mr. MINGE. We would like to deal western Virginia are fine people, in my made available for highway projects, with transit as well, but as we under- view this is unfair, unjust, inequitable. but also by funds being made available stand the process within the Depart- Some might call it highway robbery. for virtually any purpose under the ment of Transportation, the transit Mr. Chairman, I would like to urge all Federal Aid Highway Program. These trust fund is handled in quite a dif- of the Members to vote for the amend- include such basic programs as inter- ferent fashion. ment. It is supported by Citizens state maintenance, the National High- Mr. SHUSTER. No, it is not. Mr. Against Government Waste. way System, emergency relief, ferry Chairman, I would inform the gen- Mr. MINGE. Mr. Chairman, we have boat construction, rail-highway grade tleman that the transit account is part heard a great deal of debate both today crossings, innovative financing/toll of the highway trust fund, and indeed and during this session about the prob- pilot programs, Orange County’s pri- is handled as the highway funds are lems that we have faced in this institu- vate toll roads, among many others. handled as well. H3540 CONGRESSIONAL RECORD — HOUSE April 17, 1996

Mr. MINGE. We understand they ROYCE], is he familiar with the Haci- Mr. Chairman, this is a killer amend- have a priority system in the Depart- enda Boulevard project? Does the gen- ment. It is foolish. It ought not to be ment of Transportation for the transit tleman recall writing to our committee adopted. We should roundly defeat it. trust fund. Is that correct? about the merits of the Hacienda Bou- Mr. NEUMANN. Mr. Chairman, I Mr. SHUSTER. I am sure this Con- levard project? We agreed with the gen- move to strike the requisite number of gress does not want to accede to a par- tleman that it had merit in the 103d words. ticular administration; what proce- Congress, on both sides of the aisle. We Mr. Chairman, I rise in opposition to dures they may deem wise to use, we thought it was a very meritorious many things that were just said, and I may think they are very unwise, so we project. We were prepared to support to a certain degree, find some of them are not about to turn over to the bu- it. offensive. Let me just explain why. I do reaucrats downtown some procedure The gentleman is supporting now a support this bill, and I think that the which they say they use for transit. provision of law that would gut the tax dollars that are collected from gas- Mr. MINGE. Would the gentleman ability to help the gentleman achieve a oline taxes should be spent back out on agree, then, that we should exclude laudatory, necessary, and important highway projects; but I also support transit because it is not adequately purpose that he feels significant for his the fact that the people in the State of covered at the Department of Trans- district, as for my colleague, the gen- Wisconsin have a right to receive the portation? tleman from Minnesota, who also has tax dollars that they pay into this sys- Mr. SHUSTER. I agree that for many appealed to our committee in the past tem back in the State of Wisconsin. reasons that I have outlined here, that on the merits of need in his district. When we permit projects to be ear- this amendment should be defeated. We are prepared to support those marked, those projects that are ear- Mr. MINGE. We appreciate it, be- needs, and we have done in the past. marked take away from the overall cause we did exclude transit for some Now they come along and say, oh, kitty that is available to be redistrib- of the reasons you have mentioned. sorry, we were only kidding. We did not uted in a fair manner to the people in That should win the gentleman’s sup- mean it. We are going to give authority the State of Wisconsin. So I support port for this. Mr. SHUSTER. Mr. Chairman, I un- to kill the ability of the Committee on this amendment strongly, and I rise to derstand that the gentleman has sent Transportation and Infrastructure to support this amendment. I support the our committee a request for a project help Members respond to transpor- bill, but I do not want to see earmarks which we have here, so I find it a bit tation needs that are not being met by in the bill. The only way that I can see amusing that the gentleman would now their State. to eliminate the practice of pork barrel take this position when indeed we have In effect, we hand over authority spending or earmarking things in the in our possession a letter from the gen- over Federal funds, over tax dollars bill is to make sure this amendment tleman asking us to fund a special that we vote for in this body, to States, actually goes through. project for him. and let State governments and State We do not have to look very far. The Mr. OBERSTAR. Mr. Chairman, I highway departments earmark the des- Almanac of American Politics noted move to strike the last word. ignate and specify and determine where that out of $6.1 billion, with a b, made Mr. Chairman, this is another one of those dollars are going to go. That is available for ISTEA projects, one State the killer amendments devised by not pork barreling? That is not individ- received over $930 million. One district those who are not in accord with the ual designating? That is fair? in that State received $300 million. purpose of taking trust funds off budg- The reason we get bombarded, we That is not fair to the State of Wiscon- et. In fact, even some who have origi- Members of this Body get bombarded sin and it is not fair to the other States nally signed on as sponsor of the bill by our constituents, is that those very around this country. obviously had second thoughts later on State governments are not responding The purpose of this amendment is to and said they do not want to support to the needs of highway users in our re- make sure this money gets distributed this concept, and now they find ways to spective districts. That is why we went in a fair, well-thought-out manner undermine it, cut it and gut it. through a very elaborate process of around the country and people in Mr. Chairman, this amendment pro- joining with State highway depart- States like the State of Wisconsin re- vides that the trust funds would no ments and the Federal Highway Ad- ceive their fair share of the amount of longer be off budget if at any time a ministration to set up criteria, 17 cri- money back. highway project was specifically men- teria, by which we would judge whether The part that I disagree with ada- tioned in a bill or a committee report. a project is meritorious or not and mantly is that people that are rising What this means in plain English is ought to be included in a national piece that support this bill would somehow that the Committee on Appropriations of legislation. have some other meaning. I support can kill off-budget status for the high- Mr. SHUSTER. Mr. Chairman, will this amendment, and I support this way-aviation-waterway trust funds the gentleman yield? amendment because I believe it is in simply by earmarking a project in a Mr. OBERSTAR. I yield to the gen- the best interests for the future of this bill or a law, in a committee report or tleman from Pennsylvania. country and the manner in which we in a bill that ultimately becomes law. Mr. SHUSTER. Mr. Chairman, per- distribute these funds. This hands over to the Committee on haps what I hear the gentleman saying Mr. OBERSTAR. Mr. Chairman, will Appropriations the total power over is that there are those who think that the gentleman yield? the trust funds and their status. What if we designate worthy projects here, Mr. NEUMANN. I yield to the gen- a crazy thing to do. that is a terrible thing, but if we shovel tleman from Minnesota. Mr. Chairman, the gentleman refers the money back to the States, then Mr. OBERSTAR. Mr. Chairman, the to demonstration projects and says he there are angels in heaven in the State gentleman was not here in the previous wants to stop pork barreling, and our government who makes these dis- Congress or the Congress previous to colleague, the gentleman from Califor- passionate, objective decisions as to that, when we went through a very nia, the gentleman who spoke pre- how to spend the money. Politics, that elaborate process in our committee on viously, also talks about pork barrel- terrible, crass work, politics, never en- both sides of the aisle to determine the ling. I am not quite sure what they ters into a decision when the States de- merits of projects. mean by ‘‘pork barrel.’’ It usually car- cide how to spend the money that we Mr. NEUMANN. Mr. Chairman, re- ries the implication of an individually send to them. claiming my time, is that the Congress designated project or fund without Mr. OBERSTAR. The gentleman is where 30 percent plus of this money merit. That usually is an argument quite right. Actually, the dollars that was allocated to one State consist- from the perspective of the Speaker. leave here that go to the State govern- ently, year after year after year? What is meritorious in one district ment, and they are sprinkled with holy b may not be meritorious to a person in water and they are absolved of all sin. 1515 another district. That is sheer nonsense. If Members be- That is what this new Congress is all If I may have the attention of the lieve that, I have some swampland out about, is stopping that kind of prac- gentleman from California [Mr. in Minnesota I would like to sell them. tice. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3541 Mr. OBERSTAR. That is simply not Evidently these projects under the Mr. SHUSTER. This is not the place true. current amendment and under the de- to fight that battle. The place to fight Mr. RAHALL. Mr. Chairman, will the bate that is being conducted are this battle is when we bring ISTEA to gentleman yield? termed bad and thrown out for politi- the floor for reauthorization. I am sure Mr. NEUMANN. I yield to the gen- cal purposes, the money is thrown out there will be a bloody battle, in our tleman from West Virginia. for political purposes, but the pending committee and on the floor, over the Mr. RAHALL. I am advised that in amendment that the gentleman offers whole question not only of special the last ISTEA legislation we did, that should indeed be shown for what it is. projects but of the formula which is Wisconsin was adjusted near the end, Under the truth in amendments cri- used to apportion the money to the and it came out very well. So I am not teria that I would advance, Mr. Chair- States. That is the place to fight this sure what the gentleman’s direct con- man, I would say must reveal first the battle. cern is here, but certainly in the future startling transformation that has oc- Mr. RAHALL. The distinguished in agreeing with this amendment curred in the sponsor of this amend- chairman is entirely accurate. That is which he wholeheartedly supports, we ment, the gentleman from Minnesota the format in which we should make will be glad to exempt Wisconsin. [Mr. MINGE]. There is a highway that battle and also, in addition to Mr. NEUMANN. We would certainly project in Minnesota which I am sure that, we should not be trying to blur hope that in the future years we make he is aware. It is a good project. It is the distinction here between general sure that Wisconsin receives a dollar called trunk highway 212. revenues and highway trust fund mon- back for every dollar sent in, and that In 1994 the gentleman wrote to me in eys, either. If the gentleman has a would solve a vast majority of the my then capacity as chairman of the problem with the appropriation proc- problems that we have. Surface Transportation Subcommittee ess, then let us take that battle to the Mr. RAHALL. If the gentleman will requesting an earmark of $12 million Committee on Appropriations and bat- continue to yield, if he is talking about for this particular project. We were tle it out during the appropriation highway funding formulas then, I be- able to help the gentleman, maybe not process. lieve that is properly addressed when to the full extent to which he was re- Mr. MINGE. Mr. Chairman, will the our committee reauthorizes ISTEA at questing, but nevertheless in that let- gentleman yield? the proper time. ter the gentleman from Minnesota Mr. RAHALL. I yield to the gen- Mr. NEUMANN. We look forward to noted that the project had already re- tleman from Minnesota. that redistribution back to the State of ceived two other congressional ear- Mr. MINGE. I do not believe the gen- Wisconsin. I would conclude my com- marks, both in ISTEA and in the fiscal tleman received a letter from me in the ments by reiterating that I do support 1992 appropriation bill. 104th Congress requesting any funds for the overall bill, and in theory I support I think it is strange today that the highway projects. what is being said here, that the tax sponsor of this so-called pork-buster Mr. RAHALL. 103d Congress. If I dollars that are collected at the gas amendment now finds the earmarking misspoke, I stand corrected. pump from the gasoline users should be of money for highway projects so oner- Mr. MINGE. And it would be correct spent to build highways and should be ous. But be that as it may, there is a to say that in the 104th Congress some reallocated in this manner. more important reason for opposing of the rules changed, and we no longer What I do not think should happen is this amendment, and that is simply the had demonstration projects, so that we that that money should be pork bar- fact that it makes no sense. were not subject to this type of request reled into certain districts. When we The gentleman notes in his April 16 from our constituents and, as a con- put it into certain districts, it is not ‘‘Dear Colleague’’ in support of this sequence, the process here in the House available in the general kitty to be re- amendment that if the trust funds were changed and we sort of cleaned up our allocated in the general well-thought- taken off-budget, highway demonstra- act a little, if you will. out manner that the formula would in- tion projects will be completely ex- Mr. RAHALL. I know the gentleman dicate. empt from obligation limitations. The is trying to relate his transformation Mr. RAHALL. Mr. Chairman, I move truth is that today under the existing to a possible transformation in the to strike the requisite number of process, ISTEA demonstration projects House rules, but we have not had a words, and I rise in opposition to the are exempt from the obligation limits highway bill this year. amendment. set in the appropriation bills. They are Mr. Chairman, I rise in opposition to the Mr. Chairman, we have been talking exempt from the obligation limits amendment offered by the gentleman from about here the Truth in Budgeting Act. today. So, therefore, the pending Minnesota [Mr. MINGE]. Mr. Chairman, the title of the pending legis- I would submit that that label perhaps amendment makes no sense and I should apply to amendments as well, lation is the ``Truth in Budgeting Act.'' would urge its defeat. I would submit that we should apply that and that we ought to say we are for I would say also in response to the label to amendments as well. truth in amendments as well, and I gentleman from California, in his ear- Truth in amendments. would like to advance some criteria in lier rendition of what he termed high- The gentleman from Minnesota has labeled just a moment for what truth in the way robbery and appropriations of himself a porkbuster. I have two ``Dear Col- amendment process should be about. money that have come to West Vir- league'' letters signed by the gentleman in But let me say to the gentleman ginia, my home State, for highway which he berates so-called porkbarrel highway from Minnesota, one of the cosponsors demonstration projects, I am not en- demonstration projects. of this amendment, very similar to re- tirely clear but I believe some of those These types of projects are, in his view, ap- marks I made earlier in this debate ad- moneys to which he was referring are parently bad and as such, the pending amend- dressed to the chairman of the Appro- out of general revenues, and that is not ment would make taking the transportation priations Subcommittee on Transpor- what we are talking about in this par- trust funds off-budget contingent upon there tation, that is, these Members who get ticular legislation today at all. Yes, being no further earmarking of funds for a par- up and talk about earmarking projects, West Virginia received those projects, ticular project. talk about pork-barrel projects and yes, we deserved them, but, no, they Under the Truth in Amendments criteria I proceed to label themselves as pork- would not be affected by this particular am advancing, I find that I must reveal there busters, knowing the way the press amendment. They would not be af- has been a startling transformation in the gen- loves to headline and loves to pay such fected by this particular legislation tleman from Minnesota's views as they relate Members attention, I would remind the that we are considering because those to earmarking of projects. gentleman, as the gentleman from were revenues that were appropriated There is a highway project in Minnesota, Pennsylvania [Mr. SHUSTER], our dis- out of general funds of the United and I am sure it is a good project, called tinguished full committee chairman, States, not highway trust funds. ``Trunk Highway 212''. has already done, and I am sure he is Mr. SHUSTER. Mr. Chairman, will Now, in 1994, the gentleman wrote to me in already aware of letters that he has the gentleman yield? my then capacity as chairman of the Surface written our committee requesting Mr. RAHALL. I yield to the gen- Transportation Subcommittee, requesting that projects in the past. tleman from Pennsylvania. I earmark $12 million for that project. H3542 CONGRESSIONAL RECORD — HOUSE April 17, 1996 In that letter, the gentleman noted that the fail-safe, so if the committee starts But there is nothing, in all serious- project had already received two other Con- spending demonstration money, it goes ness, in this legislation that refers to gressional earmarks: in ISTEA and in the fis- back on-budget. It is a nice account- earmarking or designating. That is an cal year 1992 appropriation bill. ability feature. issue that will be taken up the next Let it suffice to say that I find it passingly I think it would make a whole lot of time we have an authorization bill. strange that today, the sponsor of this so- sense to do that right now in this bill Furthermore, the language of the gen- called porkbuster amendment, now finds the so that we make sure that we do not tleman from Minnesota would invite earmarking of funds for highway projects so lapse into that old behavior of dem- earmarking by the Committee on Ap- onerous. onstration projects being clearly de- propriations for the simple purpose of Be that as it may, there is one major reason signed to win Members reelection. That killing off-budget status of the high- to vote against this amendment. is what this is all about, and that is way trust fund. It makes little to no sense. why we have got to eliminate these Mr. SHUSTER. Mr. Chairman, will The gentleman notes in his April 16 ``Dear demonstration projects. the gentleman yield? Colleague'' that if the trust funds are taken off- The point was made earlier, it goes Mr. INGLIS of South Carolina. I budget, highway demonstration projects will be to holy water, the gentleman from yield to the gentleman from Penn- completely exempt from obligation limitations. Minnesota [Mr. OBERSTAR] said, when sylvania. My colleagues, the truth is that today, under it goes to the State. I do not know Mr. SHUSTER. This amendment goes the existing, process, ISTEA demonstration about the holy water, but I do know far beyond the issue of special projects. projects are exempt from the obligation limita- this. If it goes to Columbia, SC, as a If we want to fight about special tions set in the appropriation bill. lump of money, in Columbia, SC, we projects, ISTEA is the place to do that, They are exempt from the obligations limita- are a relatively small State, we can not here. But this goes far beyond that. For example, if interstate mainte- tions today. figure out how to spend it. In 21⁄2 hours So I would urge a ``no'' vote on the pending you can get from Columbia to any- nance, the national highway system, amendment. where in South Carolina on the road bridge, the ferry boat construction, if Mr. INGLIS of South Carolina. Mr. system we have, and you can determine any one of these categories were in- Chairman, I move to strike the req- what the priorities are. cluded, it would kick in this amend- uisite number of words. If I am given carte blanche to come ment. Is that the gentleman’s under- Mr. Chairman, we have a great oppor- here and be the demonstration project standing, as well? tunity today to effectively continue Mr. OBERSTAR. Yes. king, what happens is I start earmark- Mr. INGLIS of South Carolina. If I the work that was just described, of ing for my own district, and what hap- eliminating these highway demonstra- may reclaim my time, if that were to pens to JIM CLYBURN’s district or JOHN happen, let us assume the Appropria- tion projects. As I understand it, high- SPRATT’s district or FLOYD SPENCE’s way demonstration projects were first tions Subcommittee on Transportation district? It gets all irrational. It gets decided to do such a thing. I would designed to demonstrate new road con- into complete politics way removed imagine it would be a fairly uncomfort- struction techniques. Now they simply from the situation. able position and an unenviable posi- demonstrate the Members’ ability to Columbia has no holy water but it is tion for them to be in, having taken a bring home the bacon to the district. a small State. We can figure it out as position against demonstration That is what a demonstration project a family. We want to send it back there projects. It would be a rather awkward is all about. freely, fairly and then let the State di- position. The gentleman from West Virginia vide it up. That is the way it was de- Mr. WOLF. Mr. Chairman, I move to has made some point about others re- signed. strike the requisite number of words. questing demonstration projects. Let Mr. NEUMANN. Mr. Chairman, will Mr. Chairman, I support this amend- me, I guess, establish my credentials the gentleman yield? ment. I do not think it is going to pass. on that point. Mr. INGLIS of South Carolina. I I hope it passes. But what we ought to In 1993, immediately upon being yield to the gentleman from Wisconsin. be doing, and maybe this would be the elected to this Congress, I said I would Mr. NEUMANN. Listening to the gen- prelude to next year, is we ought to not support a demonstration project in tleman, the phrase ‘‘trust but verify’’ just take a percentage of the 18.5 cent my own district. It created quite a stir, comes to mind, that we trust the pro- gasoline tax and turn it back to the because this is not what Members of cedure that has been initiated in this States, because I think they know bet- Congress are supposed to do. They are Congress will continue and this is very ter about where the money ought to be supposed to seek the bacon for their simply a verification that what we spent than frankly we do in Congress. district and bring it home. That is how have started, to make government And when you have a problem in that they get reelected, so the story went. cleaner and better for the American individual State, then you go defeat Well, I opposed demonstration people, will continue. ‘‘Trust but ver- that Governor or you change their leg- projects. I said I would not go to Con- ify’’ just keeps coming to my mind as islature or you do something. gress. I said, ‘‘If you’re choosing some- I listen to the gentleman. What the gentleman from Wisconsin body to go on a looting mission for Mr. INGLIS of South Carolina. It was saying was a fact. The great State, one’s friends,’’ as George Will has said, says something about the SALT trea- my neighbor State of West Virginia, in ‘‘pick somebody else, not me. And if ties and all that. that 1 year got 47 percent of all the you want to, throw me out after 2 Mr. OBERSTAR. Mr. Chairman, will highway demo money out of the Com- years.’’ the gentleman yield? mittee on Appropriations. Forty-seven What happened? People in my dis- Mr. INGLIS of South Carolina. I percent. trict said, ‘‘That’s right, BOB. No more yield to the gentleman from Min- There are three wonderful, and I like demonstration projects. It’s a lousy nesota. the gentlemen very much, three good way to do government.’’ What else did Mr. OBERSTAR. I thank the gen- Members of Congress and two out- they say? Look at this, interesting tleman for yielding. If ever there were standing Senators. Let me just say thing. George Bush said no demonstra- a man of integrity in this body, it is that for the record. I have great re- tion projects until he got into some the gentleman from South Carolina, spect for Senator BYRD. I think he is a trouble with reelection. Then Bill Clin- and if ever there were a gentleman who good person, a decent person. But the ton says no to demonstration projects. could do heavy lifting for his district, fact remains that that State has three What do you make of it? President it is this champion weight lifter who is Representatives, got 47 percent of the Bush and President Clinton agreeing, at the microphone over there. money and the rest of the country got no demonstration projects. I am glad to hear that the gentleman 53 percent. Texas got nothing. Florida So our honorable chairman of the has such great confidence in his State got nothing. California got nothing. committee over here has taken that ac- government to distribute funds equi- We in the Committee on Appropria- tion, and I am very excited about that. tably and fairly. I say to the gen- tions made a decision that was sup- We need to do it right here. We need to tleman, I cannot get anywhere in my ported on a bipartisan basis, Repub- make sure that in this bill we have a district in 21⁄2 hours. It is too big. licans and Democrats, that we would April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3543 do away with highway demo projects. Mr. RAHALL. I just wanted to hear There are good and decent people on Some people thought when I got to be it repeated. both sides. I am not questioning any- chairman of the committee that we Mr. WOLF. Is the gentleman looking body for the way they do this. I think would just do everything for my State, forward to that date to take my place, the amendment makes sense, and I ask and I said, ‘‘That’s not why we’re here, my friend? Although West Virginia has strong support for the amendment. I and we’re going to do away with it,’’ lost a little bit under the change with am not going to hold my breath until because I had watched the way that regard to that, the gentleman was not it passes, but it would be a good thing. demonstration projects were deter- involved in those other things. It came Mr. OBERSTAR. Mr. Chairman, will mined. It was if you voted a certain from the other body. the gentleman yield? way, if you did a certain thing. So I Mr. RAHALL. Mr. Chairman, if the Mr. WOLF. I yield to the gentleman thought it was a good idea, and I gentleman will yield further, would the from Minnesota. thought the Minge amendment and the gentleman clarify in this particular Mr. OBERSTAR. Mr. Chairman, the gentleman from California have a good Member’s mind his distinction between gentleman has been a strong supporter idea. We should be changing the for- highway demonstration projects and of the Woodrow Wilson Bridge rehabili- mula. Right now we are disbursing the earmarking? tation. The gentleman understands money on 1980 census data, when the Mr. WOLF. Mr. Chairman, a highway that under the language of the amend- world has changed in 1996 in California demonstration project is the State, and ment of the gentleman from Minnesota and South Carolina. And the gen- we have found out many times the [Mr. MINGE] that any project or activ- tleman from South Carolina, your State does not want the money, but the ity that is specifically designated in State gets 87 percent. You do worse Congress gives them the money for Federal law, that the Woodrow Wilson whatever reasons, and you can fill in than any other State. Bridge would specifically be stricken? the blank what those reasons are. After Mr. WOLF. The difference is, I would b 1530 the money ends, the State stops build- tell the gentleman, the Woodrow Wil- So this is a good amendment. Hope- ing it. son Bridge is the only bridge owned by fully it will not pit the two committees We had the GAO look at it, and many the Federal Government. together. Some people said, ‘‘You are of these highway demonstration Mr. OBERSTAR. It would still be here because you have a jurisdictional projects were never completed because stricken. issue.’’ Let me say, if the highway the States did not want it. Once they Mr. WOLF. It is in a totally different trust fund is taken off budget and it get the money, they use the money, capacity. The Federal Government and passes the House and the Senate and is once they run out, they end it. Federal Highway Administration has signed by the President, I am going to I would like to give back to the come up to your committee and said get out of this committee. It will be a States whereby the Governor of the that is their responsibility. Mr. OBERSTAR. It would still be joke. It will be a waste. It will be a States can make the decision, and not the handful of people up here based on stricken by this language. fraud. Mr. WOLF. It is a different situation, Second, even if this does not pass, I the fact you like the way the guy because it is a federally owned bridge. do not want to be chairman of the Sub- voted, or he did not offend you, or whatever the case may be. Mr. OBERSTAR. It is still in the committee on Transportation of the The CHAIRMAN. The time of the trust fund. Committee on Appropriations for the gentleman from Virginia [Mr. WOLF] Mr. WOLF. I urge support of the rest of my life. I sit publicly in hear- has expired. amendment. ings. I may ask the gentleman from (By unanimous consent, Mr. WOLF ANNOUNCEMENT BY THE CHAIRMAN Louisiana [Mr. LIVINGSTON], ‘‘Hey, put was allowed to proceed for 2 additional The CHAIRMAN. The Chair must re- me on another committee.’’ Put me on minutes.) mind all Members to avoid personal the Committee on Foreign Operations. Mr. WOLF. Mr. Chairman, I yield to reference to Members of the Senate. I can do other things other than trans- the gentleman from West Virginia. Mr. ROYCE. Mr. Chairman, I move to portation. So it is not a jurisdictional Mr. RAHALL. Mr. Chairman, as the strike the requisite number of words. thing. gentleman is aware, in ISTEA, when I Mr. Chairman, yes, we are trying to I commend the gentleman from chaired the Subcommittee on Surface change the process here so that it is Pennsylvania [Mr. SHUSTER] for the ef- Transportation, with the complete co- done in the future proportionately on fective work here, and the gentleman operation of the gentleman from Wis- the basis of fuel taxes paid in by the from Minnesota [Mr. OBERSTAR] for the consin, Chairman PETRI, and the gen- various States and not affected by ear- effective work here, but this amend- tleman from Pennsylvania, Mr. SHU- marking. It is because earmarking fa- ment makes sense. STER, chairman of the full committee, vors Sates with Members on key com- Nobody should abuse this amend- and the gentleman from Minnesota, mittees and communities with the re- ment, make it look like a stupid Mr. OBERSTAR, or then Chairman Mi- sources to hire Washington advocates amendment. It is a good amendment, neta, we developed a set of criteria by at the expense of other States and lo- and I think it is a way the Congress which projects had to answer, a long calities. ought to go. Let us reduce the gasoline list of questions. One of those ques- State transportation departments, in tax; let us let the States run it. What- tions at the very top was about wheth- my view, and State legislatures are in ever we keep at the Federal level, let er the State supported the project or a much closer position of being closer us change on a formula based on census not. We did not put a project into to the people to determine which high- and fairness. ISTEA without full 100-percent written way projects are most deserving of Last, let us not hold anyone account- testimony from the States that they funding than Congress. This is my able who may vote the wrong way be- supported such projects. view. Although individual Members cause they voted their conscience. As I said earlier, these projects were may be knowledgeable about projects Mr. RAHALL. Mr. Chairman, will the scrutinized, scrubbed, and there was in their district or State, Congress as a gentleman yield? not a one put in there without State whole is not in a position to make deci- Mr. WOLF. I yield to the gentleman support, not without State support. sions about the merits of individual from West Virginia. Mr. WOLF. Mr. Chairman, reclaiming projects across the country. Mr. RAHALL. Mr. Chairman, I would my time, what happens is though the Lastly, the process of earmarking just ask the gentleman from Virginia, States say ‘‘If I am going to get it, I funds for demonstration projects en- what was that pledge he made if this will take it.’’ Even my own State said courages the use of transportation became law? we are against these projects, but if ev- funds for high profile politically popu- Mr. WOLF. Mr. Chairman, reclaiming eryone else is doing it, can you do it. lar new construction projects at the ex- my time, I said if this bill becomes law So I think it is better that it fits into pense of the less visible but more im- and is signed by the President, I would the overall State’s plan. I think the portant repair and maintenance step down as chairman of the Sub- Governor is the best one to determine projects. committee on Appropriations, because it and the money ought to go back on So I urge and an ‘‘aye’’ vote on the I think it would be a fraud to be there. a systematic formula. amendment. H3544 CONGRESSIONAL RECORD — HOUSE April 17, 1996 Mr. MINGE. Mr. Chairman, will the tleman from Wisconsin says and the But we run the risk if this amendment gentleman yield? gentleman from South Carolina. There passes that if we get specific in high- Mr. ROYCE. I yield to the gentleman are too many pork barrel projects. way legislation from now on, it would from Minnesota. There are too many demonstration put this money back on budget and it Mr. MINGE. Mr. Chairman, I would projects. But this amendment does not would start being used for all these like to also point out, complimenting address highway demonstration other things, foreign aid and every- the gentleman on his remarks, that we projects. That is not what this amend- thing else, instead of being used for have remarkably capable committee ment is about. highway construction and the purposes leadership in the Committee on Trans- What this amendment does do is it for which it was designated, which is portation and Infrastructure and many would gut this legislation. That is why what the American people want. other committees in this Congress. I I am opposed to it. This legislation So I rise in opposition and join the submit that if some States are not re- would assure that when people in our gentleman from Alabama in his opposi- sponsibly allocating the Federal funds States pull up to the gas pump and tion to this amendment. that come through, that our commit- they pay 18.5 cents a gallon in Federal Mr. BACHUS. Mr. Chairman, re- tees have oversight jurisdiction. It pro- taxes, which they believe will go to claiming my time, in conclusion, I vides us with an opportunity to watch transportation projects, that when that want to warn the Members of this what the States are doing, to correct it money comes up here, all 18.5 cents body, if you are concerned about those with legislative response immediately, goes back. It is not dipped in and taken triple trailers, which in negotiations if that is what is necessary. out and spent on projects that are 1 they are trying to turn loose on our But this is a function that we can million years and 1 million miles away highways, and they will kill our senior play very well, oversight. We have a from highway projects. citizens, and if you are concerned national vision. But it is very difficult The gentleman from Wisconsin and I about these string of trailers, if you for us to provide the local supervision agree that this legislation before us is want to do something about them, that and the local decisionmaking that is so good. This amendment has a good is a highway activity. Read this important in allocating funds between sound to it, and I compliment the gen- amendment. communities, even within our respec- tleman from Wisconsin for bringing it. Mr. CRAMER. Mr. Chairman, will the tive districts. But when I read it, I realized that it is gentleman yield? I would also point out that I, and I not what he, I believe, even intended. Mr. BACHUS. I yield to the gen- expect almost every other Member, Because what it would do in fact, I am tleman from Alabama. have from time to time requested a concerned about these Canadian trail- Mr. CRAMER. Mr. Chairman, I thank project. I and many other Members ers, where you put three of them to- my colleague from Alabama. I accept have had communities in our districts gether, and a truck can haul trailers the gentleman’s points. I rise in opposi- request support for specific projects. As longer than a 10-story building. I want tion to this amendment as well, and I long as the game plan in Congress is to to stop that. accept the points the gentleman has have demonstration projects or ear- But this bill says that if we spend made. marks, it is very difficult to represent any money to address highway activi- I additionally want to say on behalf an area without playing the game. ties, if we try to stop these tractor- of Alabama that we have worked very I am not here to say that the gen- trailer trucks longer than a 10-story constructively with this committee, tleman from West Virginia or the gen- building, that we cannot do it, because with the chairman of the committee, tleman from Pennsylvania or my col- we are obligating money for highway the ranking member of the committee. league from Minnesota has done any- activities, and it goes out the window. We have dotted every i, crossed every t. thing untoward. I am simply saying, I am concerned about those four That first question we answered was, let us engage in the oversight function. teenagers that died in Talladega Coun- our State in support of a specific Let us not engage in the business ty, AL, a few months ago at a grade project? We from the Alabama delega- where we each beseech the other for crossing. I would like to address that. tion worked with a delegation with the some local project and try to evaluate Several of us in this body are looking committee. what is going on in each others’ dis- to make grade crossings safer. We tricts. would like to commit money to this ac- So I think many misunderstand this This is an extremely difficult task to tivity. But it is a highway activity, process and misunderstand what we perform from Washington. I certainly and with this amendment, it goes out have to do in order to look after cer- compliment the gentleman from West the window. tain projects in the State. I just think Virginia or South Carolina on his reso- All someone would have to do that this is a bad way to accomplish what lution to avoid that type of tempta- wanted to stop dedicated highway the sponsors of this amendment want tion. I know that is a stronger tempta- funds from highway projects, all they to accomplish, and I would urge my tion than almost anyone else in this would have to do is slip something into colleagues to oppose this amendment. body has been able to withstand. our bill which was an activity, and it is Mr. BACHUS. Mr. Chairman, re- In closing, I would like to urge the out the window. So I vigorously oppose claiming my time, I will simply close Members of this body to support the this amendment. by saying read the amendment. It not amendment. We see this as an oppor- Mr. DUNCAN. Mr. Chairman, will the only says highway construction tunity to improve the functioning of gentleman yield? projects, it says any highway activity, our institution and to avoid some of Mr. BACHUS. I yield to the gen- totally tying our hands to address im- the criticism which unfortunately from tleman from Tennessee. portant safety issues. time to time has brought our institu- Mr. DUNCAN. I just want to com- tion into disrepute in the Nation’s ment to the gentleman from Alabama, b 1545 I certainly agree with the points he is press. The CHAIRMAN. The question is on This, I submit, is a way for America, making. I might make a couple of com- the amendment of the gentleman from for the Congress, to improve our func- ments in addition. Minnesota (Mr. MINGE). tion, and to improve the way that we Any highway project at any time The question was taken; and the handle the important task of allocat- probably has been called pork by some- Chairman announced that the noes ap- ing Federal funds. body. So we almost have a choice of peared to have it. Mr. BACHUS. Mr. Chairman, I move doing no highway construction at all in to strike the requisite number of the country or doing projects that pos- RECORDED VOTE words. sibly somebody, some small minority Mr. MINGE. Mr. Chairman, I demand Mr. Chairman, I am here in vigorous someplace, is going to call pork. But a recorded vote. opposition to this amendment. I think we have got to do this construction. A recorded vote was ordered. if you listen to the debate, you focus in All of this legislation we deal with, The vote was taken by electronic de- on highway demonstration projects. I whatever subject it involves, it has to vice, and there were—ayes 129, noes 298, agree with much of what the gen- get specific in many different ways. not voting 5, as follows: April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3545 [Roll No. 121] Kingston Moorhead Serrano This bill guarantees that transportation taxes Kleczka Moran Shuster AYES—129 Klink Murtha Sisisky such as, that taxes that our constituents pay Allard Gallegly Orton LaFalce Myers Skaggs when they fill up their gas tank or when they Andrews Goss Packard LaHood Ney Skeen buy an airline ticket are used for their stated Archer Graham Pelosi Lantos Norwood Skelton purpose, to improve and reinforce our coun- Latham Oberstar Slaughter Armey Gunderson Peterson (FL) try's transportation infrastructure. Currently Ballenger Gutknecht Porter LaTourette Olver Smith (NJ) Barrett (NE) Hall (TX) Portman Laughlin Ortiz Spence cash balances in the transportation trust funds Barrett (WI) Hancock Pryce Lazio Owens Spratt total $30 billion. It is wrong that this funding is Bartlett Harman Radanovich Levin Oxley Stokes being used to mask portions of our Nation's Lewis (CA) Pallone Studds Barton Hayworth Ramstad budget deficit as opposed to upgrading our Bass Hefley Regula Lewis (GA) Parker Stupak Becerra Herger Roemer Lewis (KY) Pastor Talent country's transportation infrastructure. Bereuter Hilleary Rohrabacher Lincoln Paxon Tanner H.R. 842 is a positive step toward ensuring Bilbray Hoekstra Roukema Lipinski Payne (NJ) Tate that our highways and airports get the help LoBiondo Payne (VA) Tauzin Boehner Hoke Royce they need. According to the Congressional Bonilla Inglis Salmon Lofgren Peterson (MN) Taylor (MS) Brownback Johnson, Sam Sanford Longley Petri Tejeda Budget Office this is an action that is budget Bunn Johnston Sensenbrenner Lowey Pickett Thomas neutral. Bunning Jones Shadegg Lucas Pombo Thompson Accordingly, Mr. Chairman, I urge our col- Manton Pomeroy Thornton Burr Kasich Shaw leagues to support this worthy legislation. Castle Kennedy (MA) Shays Markey Poshard Torres Chabot Klug Smith (MI) Martinez Quillen Torricelli AMENDMENT OFFERED BY MR. ROYCE Chambliss Knollenberg Smith (TX) Martini Quinn Towns Mr. ROYCE. Mr. Chairman, I offer an Chenoweth Kolbe Smith (WA) Mascara Rahall Traficant Matsui Rangel Upton amendment. Christensen Largent Solomon The CHAIRMAN. The Clerk will des- Clayton Leach Souder McCarthy Reed Velazquez Coleman Lightfoot Stark McCollum Richardson Vento ignate the amendment. Cooley Linder Stearns McDade Riggs Visclosky The text of the amendment is as fol- Cox Livingston Stenholm McDermott Rivers Volkmer lows: Crane Luther Stockman McHale Roberts Vucanovich Amendment offered by Mr. ROYCE: Cubin Maloney Stump McHugh Rogers Walsh Page 3, line 10, insert ‘‘(a) IN GENERAL.—’’ Cunningham Manzullo Taylor (NC) McIntosh Ros-Lehtinen Wamp Deal McCrery Thornberry McKeon Rose Ward before ‘‘Notwithstanding’’. DeLay McInnis Thurman McKinney Roth Waters Page 4, after line 14, insert the following: Dicks Meehan Tiahrt McNulty Roybal-Allard Watts (OK) (b) PROHIBITION ON EARMARKING OF HIGH- Dixon Meyers Torkildsen Meek Rush Weldon (FL) WAY TRUST FUND AMOUNTS.—Subsection (a) Doggett Miller (FL) Walker Menendez Sabo Weldon (PA) shall no longer apply with respect to the Everett Minge Watt (NC) Metcalf Sanders Weller Highway Trust Fund after the last day of Foglietta Morella Waxman Mica Sawyer Whitfield any fiscal year in which amounts are made Foley Myrick White Millender- Saxton Wicker McDonald Scarborough Williams available for obligation from the Highway Franks (CT) Nethercutt Wolf Trust Fund for any highway construction Frelinghuysen Neumann Yates Miller (CA) Schaefer Wise Funderburk Nussle Young (FL) Mink Schiff Woolsey project or activity that is specifically des- Furse Obey Zimmer Moakley Schroeder Wynn ignated in a Federal law, a report of a com- Molinari Schumer Young (AK) mittee accompanying a bill enacted into law, NOES—298 Mollohan Scott Zeliff or a joint explanatory statement of conferees Montgomery Seastrand Abercrombie Conyers Gejdenson accompanying a conference report, as deter- Ackerman Costello Gekas NOT VOTING—5 mined by the Director of the Office of Man- Bachus Coyne Gephardt Fattah Nadler agement and Budget. Baesler Cramer Geren Jackson-Lee Neal Mr. ROYCE. Mr. Chairman, this Baker (CA) Crapo Gibbons (TX) Wilson Baker (LA) Cremeans Gilchrest amendment is designed to comply with Baldacci Danner Gillmor b 1606 the spirit of the bill by providing for a Barcia Davis Gilman complete segregation of highway trust Messrs. BURTON of Indiana, RUSH, Barr de la Garza Gonzalez funds and general funds. If the High- Bateman DeFazio Goodlatte CONDIT, KINGSTON, LAFALCE, way Trust Fund is to be dedicated Beilenson DeLauro Goodling CREMEANS, DOOLITTLE, and Ms. Bentsen Dellums Gordon strictly to transportation programs, MCKINNEY changed their vote from Berman Deutsch Green (TX) then the general fund should be dedi- Bevill Diaz-Balart Greene (UT) ‘‘aye’’ to ‘‘no.’’ cated exclusively to nontransportation Bilirakis Dickey Greenwood Messrs. JONES, BILBRAY, BURR, programs. That is what this amend- Bishop Dingell Gutierrez DIXON, EVERETT, and Ms. PILOSI, Bliley Dooley Hall (OH) ment does. Blute Doolittle Hamilton Ms. HARMAN, and Mr. HALL of Texas This principle should be supported by Boehlert Dornan Hansen changed their vote from ‘‘no’’ to ‘‘aye.’’ Bonior Doyle Hastert both supporters and opponents of H.R. So the amendment was rejected. 824, and I would just share with my col- Bono Dreier Hastings (FL) The result of the vote was announced Borski Duncan Hastings (WA) leagues that taking the transportation Boucher Dunn Hayes as above recorded. trust funds off budget will effectively Brewster Durbin Hefner The CHAIRMAN. Are there further reduce the amount of discretionary Browder Edwards Heineman amendments to the bill? Brown (CA) Ehlers Hilliard funds available under the discretionary Brown (FL) Ehrlich Hinchey Mr. SHUSTER. Mr. Chairman, I move spending limits for nontransportation Brown (OH) Emerson Hobson to strike the last word, and I yield to programs. Allowing transportation Bryant (TN) Engel Holden the gentleman from New York [Mr. Bryant (TX) English Horn projects that should be funded through GILMAN]. Burton Ensign Hostettler the trust funds to receive general reve- Buyer Eshoo Houghton (Mr. GILMAN asked and was given nues in addition to trust fund revenues Callahan Evans Hoyer permission to revise and extend his re- will further exacerbate the squeeze on Calvert Ewing Hunter marks. Camp Farr Hutchinson all other discretionary spending. Campbell Fawell Hyde Mr. GILMAN. Mr. Chairman,I rise in It is unfair to both allow transpor- Canady Fazio Istook support of the Truth in Budgeting Act. tation programs to be funded off budg- Cardin Fields (LA) Jackson (IL) Mr. Chairman, I rise in strong support of et outside of the discretionary caps and Chapman Fields (TX) Jacobs H.R. 842, the Truth in Budgeting Act and com- Chrysler Filner Jefferson also receive funds from general reve- Clay Flake Johnson (CT) mend its sponsor, the gentleman from Penn- nues. Clement Flanagan Johnson (SD) sylvania [Mr. SHUSTER] for his bringing this im- I urge an aye vote on the amend- Clinger Forbes Johnson, E. B. portant measure to the floor. Clyburn Ford Kanjorski ment. Coble Fowler Kaptur H.R. 842 transfers the highway, aviation, in- The CHAIRMAN. The Chair believes Coburn Fox Kelly land waterways and harbor maintenance trust that the incorrect amendment has been Collins (GA) Frank (MA) Kennedy (RI) funds off budget and provides that trust fund designated. Collins (IL) Franks (NJ) Kennelly balances will not be used in calculations by The Clerk will report the amendment Collins (MI) Frisa Kildee Combest Frost Kim the Congressional Budget Office regarding the offered by the gentleman from Califor- Condit Ganske King Federal budget. nia [Mr. ROYCE]. H3546 CONGRESSIONAL RECORD — HOUSE April 17, 1996

The Clerk read as follows: fund the highway projects in the var- GAS TAX Amendment offered by Mr. ROYCE: ious States around this country, or we If you are not going to allow general fund At the end of section 2, insert the follow- do it on the budget; and if we are going expenditures for highway projects, then you ing: to mix general fund moneys for high- should send all of the gas tax money to the ‘‘(c) PROHIBITION ON FUNDING TRANSPOR- way purposes with trust fund monies trust fund. TATION PROGRAMS FROM GENERAL REVENUE.— for highway purposes, we altogether But that doesn't happen now: Subsection (a) shall no longer be effective Take the 18.4-cent Federal gas tax: 6.8 after the last day of a fiscal year in which too easily can engage in a shell game any amounts were made available from the and the accounting is going to be frus- cents for social programs/deficit reduction, 2.5 general fund of the Treasury of the United trated. cents for mass transit, 0.1 cents for leaking States for construction, rehabilitation and So the purpose of this amendment is underground storage tanks and only 12 cents maintenance of highways, except for high- very simple. We are not saying that we for highways. ways under the direct supervision of a de- should not use funds in the trust fund Over 30 percent of the gas tax goes to defi- partment or agency of the federal govern- for highway purposes, we are not try- cit reduction already. ment, as determined by the Director of the ing to eliminate the earmarking, the This money should go to the trust fund. Office of Management and Budget.’’ demonstration projects, such as was AVIATION b 1615 considered in the previous vote. We are The aviation trust fund is paid for by a 10- Mr. SHUSTER. Mr. Chairman, I rise simply saying let us have it one way or percent ticket tax. in opposition to the amendment. the other. This was created to pay for airport capital Mr. Chairman, this is a well-inten- If we have a disaster, and if there are improvements. tioned amendment, but the con- highway repairs to be made, finance That means airports, new towers, and run- sequences of it go far, far beyond what the highway repairs out of the trust ways. is apparent. fund. If the trust fund is not adequate, The trust fund was not originally designated Stop and consider, if $1 from the gen- we can look at the gasoline tax again. to pay for FAA operations. That was always supposed to come out of eral fund is spent on a highway, then But this is not an attempt to frus- the general fund. the whole highway trust fund budget is trate the bill. We have spoken with the But over the years, we've taken money out thrown out. Consider, if my colleagues appropriators. The appropriations sub- of the trust fund to pay for part of the FAA's have a flood in their district, if they committee that has jurisdiction over transportation projects has assured us operations. have an earthquake in their State and Right now, the trust fund pays for about 70 that they are not interested in some- FEMA comes in and FEMA spends $1 to percent of FAA operations. how delving into this matter and try- repair the highway from the earth- If this amendment passes, then we would ing to force upon this Chamber some quake or the flood, then this amend- have to raise the ticket tax. ment kicks in. small measure which would end up put- Perhaps if the sponsor would be willing to If money goes to my colleagues’ local ting the trust fund back on budget. send all the gas taxes to the trust fund then I submit that the leadership of the community block grant development, I would support the amendment. we no longer have any control over committee, the Committee on Trans- The CHAIRMAN. The question is on that money; and my colleagues’ local portation and Infrastructure, is ex- the amendment offered by the gen- CDBG decides to spend some of that tremely capable. They will know when tleman from California [Mr. ROYCE]. money on a highway, then this amend- other committees are attempting to The amendment was rejected. ment kicks in. If money goes to my usurp their authority. They will iden- The CHAIRMAN. Are there further colleagues’ State or their local commu- tify this, they will report it to the amendments to the bill? nity development district, and they de- body, and we can deal with it appro- If there are no further amendments, cide to spend $1 on a highway, then this priately. the question is on the committee amendment kicks in. This is a situation where we are sim- amendment in the nature of a sub- So this goes far, far beyond, and for ply trying to say that we need to bring stitute, as amended. that reason I would urge its defeat. integrity to the accounting process and The committee amendment in the Mr. VOLKMER. Mr. Chairman, will have the funds within the trust fund nature of a substitute, as amended, was the gentleman yield? and off budget or on budget entirely. agreed to. Mr. SHUSTER. I yield to the gen- Mr. ROYCE. Mr. Chairman, will the The CHAIRMAN. Under the rule, the tleman from Missouri. gentleman yield? Committee rises. Mr. VOLKMER. Mr. Chairman, effec- Mr. MINGE. I yield to the gentleman Accordingly the Committee rose; and tively, this amendment does the same from California. the Speaker pro tempore (Mr. BARRETT thing as the amendment we just voted Mr. ROYCE. Mr. Chairman, according of Nebraska) having assumed the chair, on. Effectively it is the same old thing. to the Congressional Research Service, Mr. DREIER, Chairman of the Commit- Mr. SHUSTER. Sure. It is even worse over $38 billion has been spent from the tee of the Whole House on the State of in the sense that they spend $1, FEMA general revenue on highway projects the Union, reported that that Commit- spends $1 on a flood on an emergency. since the highway trust fund was cre- tee, having had under consideration They spend $1 out there in Oklahoma ated in 1957. These general funds have the bill (H.R. 842) to provide off-budget City near the building that was blown effectively masked the true cost of treatment for the Highway Trust Fund, up to fix up the street, and this kicks Federal highway spending. If these the Airport and Airway Trust Fund, in. It really does not make much sense. funds had been charged to the highway the Inland Waterways Trust Fund, and Mr. OBERSTAR. Mr. Chairman, will trust fund, arguably there would not be the Harbor Maintenance Trust Fund, the gentleman yield? a surplus. pursuant to the House Resolution 396, Mr. SHUSTER. I yield to the gen- So this bill that we are going to vote he reported the bill back to the House tleman from Minnesota. on creates a firewall that would pre- with an amendment adopted by the Mr. OBERSTAR. Again I point out to vent gas tax revenues dedicated to the Committee of the Whole. all the supporters of the Appalachian trust fund from being used for any pro- The SPEAKER pro tempore. Under Regional Commission program and grams outside the highway trust fund; the rule, the previous question is or- Economic Development Administra- very well. Then this amendment would dered. tion program, $1 of those moneys going create a corresponding firewall pre- Is a separate vote demanded on any to a highway project kills off-budget venting transportation projects from amendment to the committee amend- status for the highway trust fund. being funded by general revenues. ment in the nature of a substitute Mr. SHUSTER. Right. I ask for my colleagues’ ‘‘aye’’ vote. adopted by the Committee of the Mr. MINGE. Mr. Chairman, I move to Mr. KIM. Mr. Chairman, I rise in opposition Whole? If not, the question is on the strike the last word. to this amendment because it prohibits gen- amendment. Mr. Chairman, the purpose of this eral fund expenditures on transportation. The amendment was agreed to. amendment is to say that either we This is not fair because gas taxes pay bil- The SPEAKER pro tempore. The have a highway trust fund that is off lions of dollars into the general fund each question is on the engrossment and budget, that is dedicated to and used to year. third reading of the bill. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3547 The bill was ordered to be engrossed Rose Slaughter Volkmer GENERAL LEAVE Roth Smith (NJ) Vucanovich and read a third time, and was read the Roybal-Allard Smith (WA) Walsh Mr. SHUSTER. Mr. Speaker, I ask third time. Rush Solomon Wamp unanimous consent that all Members The SPEAKER pro tempore. The Sanders Stupak Ward Sawyer Talent Waters may have 45 legislative days within question is on the passage of the bill. Saxton Tanner Watts (OK) which to revise and extend their re- The question was taken; and the Scarborough Tate Weldon (FL) marks on H.R. 842, the bill just passed. Speaker pro tempore announced that Schaefer Tauzin Weldon (PA) The SPEAKER pro tempore (Mr. the noes appeared to have it. Schiff Taylor (MS) Weller Schumer Tejeda Whitfield BARRETT of Nebraska). Is there objec- RECORDED VOTE Scott Thomas Wicker tion to the request of the gentleman Mr. SHUSTER. Mr. Speaker, I de- Seastrand Thompson Williams from Pennsylvania? Serrano Thornton Wise There was no objection. mand a recorded vote. Shaw Tiahrt Woolsey A recorded vote was ordered. Shuster Torricelli Wynn f Sisisky Towns Young (AK) The vote was taken by electronic de- Skeen Traficant Zeliff EXPRESSING APPRECIATION FOR vice, and there were—ayes 284, noes 143, Skelton Upton EFFORTS IN SUPPORT OF H.R. 842 not voting 5, as follows: NOES—143 (Mr. SHUSTER asked and was given [Roll No. 122] Archer Hoekstra Peterson (FL) permission to address the House for 1 AYES—284 Armey Hoke Porter minute and to revise and extend his re- Barrett (NE) Houghton Portman Abercrombie Dunn marks.) Kaptur Barrett (WI) Hoyer Pryce Ackerman Durbin Kelly Becerra Inglis Radanovich Mr. SHUSTER. Mr. Speaker, I want Allard Edwards Kildee Beilenson Jefferson Ramstad to emphasize the extraordinary biparti- Andrews Ehlers Kim Berman Johnson, Sam Reed Bachus Ehrlich san support on this extraordinary vic- King Boehner Johnston Regula Baesler Emerson Kleczka Bonilla Kasich Roemer tory here. Without the gentleman from Baker (CA) Engel Klink Bonior Kennedy (MA) Rogers Minnesota [Mr. OBERSTAR] and his col- Baker (LA) English Klug Brown (OH) Kennedy (RI) Roukema Baldacci Ensign leagues, this simply never could have LaHood Brownback Kennelly Royce Ballenger Evans happened. Latham Bryant (TX) Kingston Sabo Barcia Everett LaTourette Bunning Knollenberg Salmon Beyond that, however, this has been Barr Ewing Laughlin Burr Kolbe Sanford a battle that we have been dedicated to Bartlett Farr Leach Castle LaFalce Schroeder Barton Fattah for so many years, that there are many Lewis (CA) Chabot Lantos Sensenbrenner Bass Fawell former chairmen and ranking members Lewis (GA) Christensen Largent Shadegg Bateman Fields (TX) Lewis (KY) Clayton Lazio Shays of our committee who I know, those Bentsen Filner Lightfoot Coleman Levin Skaggs who are still alive have to be smiling, Bereuter Flanagan Lincoln Collins (IL) Livingston Smith (MI) Bevill Foley and those who are up there looking Linder Condit Luther Smith (TX) Bilbray Forbes Lipinski Cox Maloney Souder down have to be smiling as well. Bilirakis Ford LoBiondo Cunningham Manzullo Spence On our side Bill Harsha, Don Clausen, Bishop Fowler Lofgren Davis Markey Spratt Bliley Fox Gene Snyder, John Paul Hammer- Longley DeLauro Matsui Stark Blute Franks (NJ) schmidt, Jim Howard, God bless him, Lowey DeLay McDade Stearns Boehlert Frisa Lucas Dellums McInnis Stenholm Glen Anderson, Bob Roe, Norm Mineta, Bono Frost Manton Dicks Meehan Stockman they all contributed to this victory Borski Funderburk Martinez Dingell Meyers Stokes Boucher Gallegly today, and I thank them. Martini Dixon Millender- Studds Brewster Ganske Mascara Doggett McDonald Stump b Browder Gejdenson 1645 McCarthy Dooley Miller (CA) Taylor (NC) Brown (CA) Gekas McCollum Eshoo Miller (FL) Thornberry Mr. OBERSTAR. Mr. Speaker, will Brown (FL) Gephardt McDermott Fazio Minge Thurman the gentleman yield? Bryant (TN) Geren McHale Fields (LA) Mink Torkildsen Bunn Gibbons Mr. SHUSTER. I yield to the gen- McHugh Flake Moran Torres Burton Gilchrest McIntosh Foglietta Morella Velazquez tleman from Minnesota. Buyer Gillmor McKeon Frank (MA) Murtha Vento Mr. OBERSTAR. I want to pay trib- Callahan Gilman McKinney Franks (CT) Myrick Visclosky Calvert Gonzalez ute, well deserved tribute to the gen- McNulty Frelinghuysen Neal Walker Camp Goodlatte tleman from Pennsylvania for the lead- Meek Furse Nethercutt Watt (NC) Campbell Goodling Menendez Goss Nussle Waxman ership he has exhibited on this issue. Canady Gordon Metcalf Hall (OH) Obey White He has worked tirelessly, brought to- Cardin Graham Mica Hancock Olver Wolf Chambliss Green (TX) gether a coalition of people of different Moakley Hayworth Orton Yates Chapman Greene (UT) Molinari Hefner Packard Young (FL) fiscal views on this issue, geographic Chenoweth Greenwood Mollohan Hobson Pelosi Zimmer views on this issue and brought them Chrysler Gunderson Montgomery Clay Gutierrez Moorhead NOT VOTING—5 together to understand and to pass this Clement Gutknecht Myers very, very important, as the gentleman Jackson-Lee McCrery Rangel Clinger Hall (TX) Neumann (TX) Nadler Wilson has stated, long-standing legislation. Clyburn Hamilton Ney He has marshaled an extraordinary Coble Hansen Norwood Coburn Harman Oberstar b 1640 outpouring of support for a principle Collins (GA) Hastert Ortiz Mr. STOKES and Mr. SPENCE that will reestablish the trust of people Collins (MI) Hastings (FL) Owens in Government. The impact reaches far Combest Hastings (WA) Oxley changed their vote from ‘‘aye’’ to ‘‘no.’’ Conyers Hayes Pallone Mrs. VUCANOVICH and Ms. DUNN of beyond this bill. For that, I salute our Cooley Hefley Parker Washington changed their vote from chairman. Costello Heineman Pastor ‘‘no’’ to ‘‘aye.’’ Mr. SHUSTER. I thank the gen- Coyne Herger Paxon tleman. Cramer Hilleary Payne (NJ) So the bill was passed. Crane Hilliard Payne (VA) The result of the vote was announced f Crapo Hinchey Peterson (MN) as above recorded. Cremeans Holden Petri REPORT ON RESOLUTION WAIVING Cubin Horn Pickett A motion to reconsider was laid on POINTS OF ORDER AGAINST CON- Danner Hostettler Pombo the table. FERENCE REPORT ON S. 735, de la Garza Hunter Pomeroy Deal Hutchinson Poshard f COMPREHENSIVE TERRORISM DeFazio Hyde Quillen PREVENTION ACT OF 1995 Deutsch Istook Quinn PERSONAL EXPLANATION Diaz-Balart Jackson (IL) Rahall Ms. PRYCE, from the Committee on Dickey Jacobs Richardson Mr. RANGEL. Mr. Speaker, I missed Rules, submitted a privileged report Doolittle Johnson (CT) Riggs rollcall vote 122 because I was at a (Rept. No. 104–522) on the resolution (H. Dornan Johnson (SD) Rivers meeting in a room that the bells did Res. 405) waiving points of order Doyle Johnson, E. B. Roberts Dreier Jones Rohrabacher not ring in. Had I been here, I would against the conference report to ac- Duncan Kanjorski Ros-Lehtinen have voted in the negative. company the bill (S. 735) to prevent and H3548 CONGRESSIONAL RECORD — HOUSE April 17, 1996 punish acts of terrorism, and for other society faces new and profound chal- for lunch. And at only $245 per person (with purposes, which was referred to the lenges, when so many Americans feel a substantial discount for more than 4 people House Calendar and ordered to be insecure in the face of change, the pres- from the same organization), this special ex- printed. ence and accessibility of the human- ecutive briefing is the easiest and least ex- pensive way for you to learn what you need f ities in all our lives can be a powerful to know about the new challenges and oppor- source of our renewal and our unity as tunities the line item veto will create for 1995 ANNUAL REPORT ON ALAS- we move forward into the 21st century. you and your association or company. KA’S MINERAL RESOURCES— WILLIAM J. CLINTON. Price Waterhouse LLP’s MESSAGE FROM THE PRESIDENT THE WHITE HOUSE, April 17, 1996. OF THE UNITED STATES Line Item-Veto Executive Seminar f Wednesday, May 8, 1996—8:30 a.m. to 11:30 The SPEAKER pro tempore (Mr. a.m. BARRETT of Nebraska) laid before the HOW SERIOUS ARE WE? Continental Breakfast Starting at 7:30 a.m. House the following message from the (Mr. GOSS asked and was given per- Hyatt Regency Hotel On Capitol Hill, Wash- President of the United States; which mission to address the House for 1 ington D.C. was read and, together with the accom- minute and to revise and extend his re- To Register, Or For a Copy Of The Full panying papers, without objection, re- marks.) Agenda Call (202) 414–1757 ferred to the Committee on Resources: Mr. GOSS. Mr. Speaker, 8 days ago I f To the Congress of the United States: stood in the Oval Office as the Presi- SPECIAL ORDERS dent signed into law the historic line- I transmit herewith the 1995 Annual The SPEAKER pro tempore (Mr. Report on Alaska’s Mineral Resources, item veto. But how serious is the LAHOOD). Under the Speaker’s an- as required by section 1011 of the Alas- Washington establishment when it comes to enforcing real change? nounced policy of May 12, 1995, and ka National Interest Lands Conserva- under a previous order of the House, tion Act (Public Law 96–487; 16 U.S.C. Today we read the first of what is likely to be many advertisements for the following Members will be recog- 3151). This report contains pertinent nized for 5 minutes each. public information relating to minerals Washington insiders pitching a seminar in Alaska gathered by the U.S. Geo- on how to circumvent the line-item f logical Survey, the U.S. Bureau of veto. For a mere $245, people whose The SPEAKER pro tempore. Under a Mines, and other Federal agencies. business it is to secure Federal money previous order of the House, the gen- WILLIAM J. CLINTON. can learn, among other things: tleman from Florida [Mr. DIAZ- THE WHITE HOUSE, April 17, 1996. What can be done to insulate an appropria- BALART] is recognized for 5 minutes. tion, entitlement or tax provision from a f [Mr. DIAZ-BALART addressed the line-item veto. House. His remarks will appear here- 1995 ANNUAL REPORT OF NA- The law hasn’t even gone into effect, after in the Extensions of Remarks.] TIONAL ENDOWMENT FOR THE and already people are seeking ways f HUMANITIES—MESSAGE FROM around it. And, later today, we con- THE PRESIDENT OF THE UNITED sider a bill to take an entire category RECOGNIZING SUCCESSFUL TEEN STATES of Federal spending off budget, beyond PREGNANCY PREVENTION PRO- The SPEAKER pro tempore laid be- the reach of the line-item veto. GRAMS fore the House the following message Mr. Speaker, we crafted a tough and The SPEAKER pro tempore. Under a from the President of the United workable line-item veto to control run- previous order of the House, the gentle- States, which was read and, together away Government spending. How seri- woman from North Carolina [Mrs. with the accompanying papers, without ous are we? I guess Americans will CLAYTON] is recognized for 5 minutes. objection, referred to the Committee have to watch and see. Mrs. CLAYTON. Mr. Speaker, the on Economic and Educational Opportu- Mr. Speaker, I provide for the current debate on welfare reform is ac- nities: RECORD the advertisement referred to: celerating the need to address the issue To the Congress of the United States: [From the Congress Daily, Apr. 17, 1996] of out-of-wedlock teen births. I am pleased to present to you the (Price Waterhouse LLP—Presents) We want to ‘‘end welfare as we know 1995 Annual Report of the National En- THE LINE-ITEM VETO: HOW IT WILL AFFECT it.’’ But, I am afraid we will replace it dowment for the Humanities (NEH). APPROPRIATIONS, ENTITLEMENTS, AND TAXES with welfare as we do not want to know For 30 years, this Federal agency has THE EXECUTIVE SEMINAR YOU NEED TO ATTEND! it. given Americans great opportunities to Bedget and political analysts are calling We do not want to enact legislation explore and share with each other our the line item veto the most significant revi- that leads to a policy of national child country’s vibrant and diverse cultural sion in the legislative process since Gramm- abandonment. heritage. Its work supports an impres- Rudman-Hollings. Many are predicting that Our current social crisis evolved over sive array of humanities projects. it will require substantial changes in the several generations. Consequently, we These projects have mined every cor- way people in Washington conduct business. must realize that we cannot break this ner of our tradition, unearthing all the Price Waterhouse LLP’s highly respected intergenerational cycle or eliminate budget and tax professionals will provide you distinct and different voices, emotions, with what you need to know about the line the crisis overnight. and ideas that together make up what item veto when you need to know it—NOW! To break the cycle of teen pregnancy is a uniquely American culture. In 1995, During this solid, no fluff, half-briefing you and poverty, we must implement preg- they ranged from an award-winning will learn how the line item veto will work, nancy prevention programs that edu- television documentary on President including answers to these key questions: cate and support school age youths— Franklin Delano Roosevelt, the radio Which appropriations or parts of appro- 10–21—in high risk situations and their production Wade in the Water, to pres- priations will be subject to a line item veto? family members through comprehen- ervation projects that will rescue Who will determine which tax provisions sive social and health services, with an are vulnerable? 750,000 important books from obscurity What does the law mean when it said that emphasis on pregnancy prevention. and archive small community news- only ‘‘new’’ entitlements will be subject to a I strongly support abstinence edu- papers from every State in the Union. line item veto? cation and feel that it is critically im- Pandora’s Box, a traveling museum ex- How can Congress disallow or override a portant to fund abstinence programs hibit of women and myth in classical line item veto? for preteens as well as teenagers. With- Greece, drew thousands of people. What can be done to insulate an appropria- in 5 years, a concentrated abstinence The humanities have long helped tion, entitlement, or tax provision from a program for preteens should bring Americans bridge differences, learn to line item veto? about a decline in the number of teen- What role will OMB, CBO, and the Joint appreciate one another, shore up the Committee on Taxation play in the line item agers who are sexually active. foundations of our democracy, and veto process? However, we cannot ignore the fact build strong and vital institutions All of this and much more in just a half that today so many of our teenagers across our country. At a time when our day . . . you’ll be back in your office in time are already sexually active with or April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3549 without our permission. It is therefore rently paid to teen parents should be or 4–H. We need to draw from those re- imperative that we also provide fund- earmarked for contraceptive preven- sources, learn from them, and make ing for contraceptive prevention pro- tion programs. Every dollar spent on them more effective. grams for them. contraceptive prevention will be multi- I know that if all levels of govern- This evening, I wish to recognize a plied many times over in the Federal ment, various organizations, commu- program in my district that exempli- tax dollars that will be saved by pre- nities, and the public at large pull to- fies the kind of comprehensive social venting teen pregnancy. gether, we can begin to address this and health services that high risk teen- The Division of Adolescent Health important issue. Parenthood is an ex- agers need. Services of Greene County is a shining ceptionally important responsibility For over 13 years, the Division of Ad- example of what we can do. and we must prevent or delay that re- olescent Health Services of Greene Mr. Speaker, this is truly an out- sponsibility until teens are mature County has developed and implemented standing program and I recommend it enough to accept it and the wonders programs to help teenagers meet and for all my colleagues. that accompany it. successfully avoid the pitfalls of juve- Mr. ROEMER. Mr. Speaker, each Mr. KENNEDY of Rhode Island. Mr. Speak- nile delinquency, child abuse, school year more than one million teenage er, I am proud to join my colleagues in cele- drop outs, and teen pregnancy. In the girls become pregnant. Four out of 10 brating the efforts of communities across the past 2 years the program has expanded will become pregnant before the age of country in fighting teen pregnancy. At a time its services to include primary health 20 with half of them giving birth and when we are constantly bombarded with dis- care to improve health status of teen- very few marrying the father. These mal statistics on teenage births, it is particu- agers and to influence healthier behav- numbers pose a serious problem not larly important to recognize those individuals ior and lifestyles. A certified physi- only to the young parents and the who have stopped talking about teen preg- cian’s assistant furnishes on-site treat- child, but to the larger community as nancy prevention and have committed to ac- ment of acute illnesses, minor injuries, well. tion. The Latino Peer Council in my State of and developmental screenings as well There are a number of programs Rhode Island is a shining example of this as age-appropriate health education working to assist young mothers and commitment to action. Together, these young men and women are reaching out to the stu- such as nutrition, diet, and personal their children, including financial as- dents who will follow in their footsteps in striv- hygiene. sistance and child care. These are im- In addition, early intervention is pro- portant programs and we must con- ing for better, brighter futures. The Latino Peer Council was initiated in the vided for sexually active teens and tinue to improve them. What we must summer of 1994 as the State was facing the teens with alcohol and substance abuse also do is begin to more adequately ad- highest teen birthrate in the Northeast. With problems. dress the issue of how to keep teen- teenage pregnancies particularly prevalent Other on-site services include: indi- agers from becoming pregnant. As the within the Latino- and African-American com- vidual counseling, mental health pre- old saying goes, ‘‘An ounce of preven- munities in Rhode Island, the Latino Council vention, first aid and family life class- tion is worth a pound of cure.’’ While was developed to focus upon the specific es—along with an array of other health we will never erase teen pregnancy needs of Hispanic families. The council is completely, it is essential to create and social services. comprised of eight high school students who Off-site referrals are made for family successful prevention programs. are trained by community educators to inform planning with a tracking system to as- In an environment of shrinking Fed- and educate their peers, teachers, and par- sure follow-up. eral Government involvement, State ents on teenage pregnancy, sexually transmit- The program was started to provide a and local governments must begin to ted diseases, AIDS, safe sex, birth control, re- foundation of support for young teens work in conjunction with their commu- lationships and abstinence. nities to provide the programs nec- as they encounter life’s changes. Using humorous skits and lively discussions, One of the strongest components in essary to assist young teens in making the peer educators have effectively touched this foundation is the TAP Club—Teens responsible life choices. In response to their fellow youths in the community. Through Against Pregnancy. Membership is this trend, the Progressive Policy In- their leadership, they set an example not only open to all girls in grades 9–12, with stitute in cooperation with the Demo- to Latino teenagers but all young adults from membership dues of $5 per year. cratic Leadership Council has devel- every ethnic and racial background. At the Another key component is the Teen oped a seven part framework to help same time, these students are cultivating lead- Advisory Board. Adults do not view the communities and local governments ership skills that will carry them throughout world from a teenage perspective, better understand the problem and school, their careers and their lives. The Peer therefore, they may not always know begin to solve it. While this framework Educators build their confidence and develop what is best for teens. Realizing this, does not have all the answers, it pro- a strong sense of self while engaging in public the Green County Program established vides a basic format on which to build speaking and community education. a Teen Advisory Board in 1985. successful programs catering to the The Latino Peer Council is effective be- Ms. Helen Hill serves as the director needs of a particular locale. cause of its innovative approach to tackling of the Division of Adolescent Health The seven strategies are 1. Build unplanned pregnancy. Shunning antique meth- Services of Greene County. From the state and local coalitions 2. Launch a ods of teaching sexual health and awareness, beginning, she has been a guiding force sustained campaign to change atti- the council presents teens as competent, re- through both the planning stage, and tudes. 3. Second chance homes for teen sponsible, intelligent leaders that share similar the implementation stages, and for mothers. 4. Hold fathers accountable, experiences with those whom they are educat- over 13 years has successfully run the and value their contributions to their ing. Teens are communicating with other program that is known throughout children. 5. Crack down on sexual pred- teens about the issues and concerns that they North Carolina as the original school- ators. 6. Reform foster care and adop- face growing up in today's world. In this Con- based health model. It is also known as tion laws. 7. Create opportunities and gress we have heard a lot about ``personal re- a program that truly works. incentives for young people at risk of sponsibility.'' I am proud to recognize today a She not only has improved the qual- becoming parents too soon. group of teenagers talking, educating and tak- ity of life and enhanced the opportuni- Local communities can play a vital ing responsibility not only for themselves, but ties of the county’s teenagers but her role in the actions and attitudes of for an entire generation. efforts have meant a better quality of young teens. Support from schools, Efforts like those of the peer educators are life for all Greene County’s citizens. At churches, and civic organizations can essential to building bridges between young- the same time she has saved county, offer both assistance and alternatives sters and adults that will ensure that the next State, and Federal Government funds. to teens. Each community must decide generation is successful both personally and She has saved the taxpayers money. where to focus its attention; whether professionally. Keeping the lines of commu- Ms. Helen deserves our applause. through education, offering part-time nication open between teens and adults is cru- True welfare reform should end the jobs, more after school activities, or cial to effective pregnancy prevention and need for monetary benefits if it elimi- mentoring programs. A number of com- family planning. If adults and teens can share, nates programs and funding. A small munities already have resources in communicate and most importantly, under- percentage of the total funding cur- place, such as the Boys and Girls Club stand one another, half of the battle has been H3550 CONGRESSIONAL RECORD — HOUSE April 17, 1996 won. I am proud of the Latino Peer Council for met with Elayne Bennett, the founder of the cluding teenagersÐwho are at risk of becom- rising to the occasion. I urge other commu- Best Friends, and she shared many encourag- ing pregnant. The Centers for Disease Control nities to start listening to their young people ing stories with me. In 29 public schools also has small grant to implement 13 commu- and working with them to put an end to teen across the country, including schools in Mont- nity projects to examine ways to reduce teen- pregnancy. gomery County, MD, the Best Friends Pro- age pregnancies, but its effects have been I would also like to salute the teen preg- gram has been a wonderful success. Of the limited due to its size. The Adolescent and nancy prevention initiatives of Thundermist 600 Washington girls who have participate for Family Life Act provides a small grant that Health Clinic in Woonsocket, RI. Services like 2 years or more, 1.1 percent, have become goes toward care and parenting for adolescent the Health Hut that provides family planning pregnant, as opposed to the 25 percent city- mothers and adoption assistance, but most of services to pre-teens at Woonsocket Middle wide rate for girls 13 to 18. The Best Friends the money goes toward an abstinence-only School to the Mentoring Program that coaches Program is not a quick fix. It works because education. These programs help, but clearly and guides young mothers not to repeat their its mentors make a long-term investment in they are not enough. mistakes, are strengthening families and the junior high and high school girls, taking them Adolescent pregnancy prevention is not only greater community. on outings, teaching them new skills, and about family planning. We must examine the I want to thank the gentlewoman from North going to weekly classes with them. The Best reasons teenage girls become pregnant. What Carolina for highlighting this important issue Friends Program builds teenage girls' self-con- is it about our society that makes teenage girls and for providing us the opportunity to focus fidence and teaches them that there are other think that to be loved, they must have a child on the strengths of our youngstersÐan area options. of their own? Why do so many girls think that that receives too little attention. The Federal Government does, however, no opportunities worth waiting to have children Mrs. MORELLA. Mr. Speaker, members on have an important role to play in the area of will be available to them? Surely we can do both sides of the aisle and on both sides of education, girls' sports, and community activi- better. Educational opportunities build self-es- the choice issue agree that we must reduce ties. These things all play an important role in teem, as do girls' sports and community activi- teenage pregnancy. Its costs are enormous; it reducing teenage pregnancy because they ties. Improving our education system, building is costly to the Government, costly to the fu- build self-esteem and present young girls with our communities, increasing job opportunities, tures of the young mothers, and costly to our options for the future, making them much and giving young girls something to look for- society. It is clear that reducing teenage preg- more likely to avoid teen pregnancy. ward to all will reduce teen pregnancy. nancy will only be successful when parents, We have spent a significant amount of time We all share the responsibility for preventing educators, community leaders, the business this Congress debating welfare reformÐdecid- teen pregnancies. Parents, communities, reli- community and Congress make a serious ing how limited resources should be used and gious organizations, State and local govern- commitment and become involved. how to most effectively move AFDC recipients ments all have an important role to play, and Costs associated with teenage pregnancy from welfare to work. Reducing teen preg- many are making important progress toward drain limited Federal, State and local re- nancy must be part of the solution, and in- reducing teen pregnancies. sources. Each year, more than one million deed, it has been a part of the debateÐbut Each year in Maryland over 8,500 adoles- American teenage girls become pregnant. The few constructive solutions have emerged. cents give birth. I applaud the work done by teenage pregnancy rate for women under 20 Some Members advocate a family cap, a pro- the Governor's Council on Adolescent Preg- has increased by more than 20 percent since vision to deny benefits to welfare recipients nancy to combat this problem. The council 1970. Teenage mothers are more likely to be who have additional children while on welfare. promotes the reduction of unplanned adoles- uneducated, unskilled and unmarried. Their Despite the heated debate over illegitimacy cent pregnancies through strategies carried children are at higher risk for prematurity, low- that we have heard in the context of welfare out in collaboration with state and local agen- birth weight and birth defects. reform, answering the question of whether the cies and private and no profit groups. A sus- Women who bear children outside of mar- welfare system increases nonmarital child- tained media campaign, including television, riage and meet income requirements are eligi- bearing is very difficult. Some studies have radio, and print media has been an integral ble for AFDC benefits, food stamps, Medicaid, shown that welfare has no effect on part of efforts to raise awareness about ado- housing assistance and other benefits, and nonmarital childbearing while others have lescent pregnancy. Maryland has also devel- teenage mothers are particularly likely to need shown significant effects. Whether or not Gov- oped programs to help teen parents prevent these benefits. ernment benefits actually lead to an increase further early childbearing and programs to And what about the costs to the teenagers in teen pregnancies, we do know that the help teenage parents learn parenting skills themselves? The opportunities forgone to teenage pregnancies that occurÐfor whatever and continue their education. It is important teens who become pregnant are enormous. the reasonÐare very expensive. While curbing that we don't only focus on prevention, but Certainly many career paths become nearly teen pregnancy certainly needs to be ad- focus on helping teenage parents improve impossible for a teenage mother to attain. dressed in the context of welfare reform, these their lives. I applaud the efforts of the bipartisan Na- High school graduation becomes less impor- punitive solutions are not the answer. Mr. tional Campaign To Reduce Teenage Preg- tant that the children's daily needs; teenage Speaker, we have not spent enough time de- nancy, and I hope their recommendations pro- mothers have a 60 percent chance of graduat- veloping real solutions to reducing teenage vide new ideas and energy. I look forward to pregnancyÐsolutions that involve prevention ing from high school by age 25, compared to a hearing at the end of the month on teenage strategies, education and self-esteem building, 90 percent of those who postpone childbear- pregnancy in the Government Reform and community partnerships, and family planning. ing. The economic situation of most teenage Oversight's Human Resources Subcommittee We must also improve and increase efforts mothers is such that most find themselves lim- This is only the beginning of a dialog be- at the Federal level to prevent teenage preg- ited to low-income neighborhoods that are less tween the Congress, our communities, state likely to have good schools, safe drug-free nancy. There are very few Federal programs and local governments and educators about streets and positive role models. And we know to reduce teenage pregnancy, and they are how to reduce teen pregnancy. We know that that teenage mothers are the most likely to the not comprehensive. Fully funding the title X providing teens with a solid education, teach- single parents and have an especially difficult Family Planning Program is one of the most ing them how to avoid pregnancy and giving time collecting child support. direct ways that Congress can help prevent them hope for the future works. Now we must Teenage pregnancy is costly to society in unintended pregnancies; publicly subsidized work together to achieve these goals. terms of lost productivity and in terms of the family planning services prevent an estimated f cycle of dependency that is passed on from 1.2 million unintended pregnancies annually in generation to generation. Teens from poorer the United States. Title X, however, directs its A TRIBUTE TO RUSH LIMBAUGH, families are more likely to initiate sexual inter- dollars to critical health services for women of SR. course at a younger age and less likely to use all ages, and only 20 percent goes toward The SPEAKER pro tempore. Under a contraception. adolescents. Although title X was threatened previous order of the House, the gen- What should we do? It is clear to me that during the fiscal year 1996 appropriations tleman from Missouri [Mr. EMERSON] is Congress does not have all of the answers, process, a majority of Members recognized recognized for 5 minutes. and cannot provide help where it is needed how important it is. No title X funds can be Mr. EMERSON. Mr. Speaker, I rise most: at home and in the community. used for abortion services; clinics have always today to pay tribute to a distinguished One example of effective community in- been prohibited from using title X funds for and gentle man from southeast Mis- volvement is Best Friends, an organization de- abortions. What title X does do is provide souri, a man who embodied what is signed to reduce teenage pregnancy. I have quality health care for low-income womenÐin- right and good about this great Nation, April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3551 Rush Hudson Limbaugh, Sr., a gentle Boy Scouts, and the Salvation Army A host of other officials from state rep- man who earned the affectionate among others. In 1958, one of his per- resentatives and senators to city leaders and disinction, patriarch of southeast Mis- sonal highlights came when the U.S. lawyers also attended. souri. State Department invited him to lec- ‘‘No one can really tell the story of the life of Rush Hudson Limbaugh,’’ Stein said. ‘‘He Mr. Limbaugh passed away last week ture in a newly liberated India before joined this church in 1911, before most of us at the honorable age of 104 in his Cape lawyers, judges, and university stu- came into being.’’ Girardeau home of Sylvan Lane. He dents about constitutional government The minister said Limbaugh was a man had a long and valuable life. His pass- and the American judicial system. who made everything—family, clients and ing will inevitably leave a tremendous They were so impressed with his com- God—take center stage in his life. ‘‘A grand- void. He was a dear friend and mentor mentary and remarks that the All son told me that Pop—that’s what everyone of mine, and of countless others, from India Law Teachers Association subse- called him—made each of them feel they all walks of life. quently honored him. were the most important one in his life,’’ he We will all dearly miss Mr. said. What made Mr. Limbaugh such a spe- ‘‘Even though he is gone physically,’’ Stein cial person was his uniquely simple Limbaugh, the patriarch of the said, ‘‘it makes no sense to stop living up to character. Those who had the privilege Limbaugh family, of Cape Girardeau his standard.’’ to come in contact with him certainly and of southeast Missouri. Many folks Limbaugh lived a long and quality life, were amazed at his breadth of knowl- know about his now famous national Stein said, because of his ability to adapt to edge and command of oratory skills. radio talk show grandson, Rush new things. ‘‘Most people resist change, but No question, Rush Hudson Limbaugh Limbaugh III. ‘‘Pop,’’ as his family Rush never aged,’’ he said. Sr. was a living testament to the amer- would call him, also is responsible for The minister quoted a line from a book the great legal legacy of Limbaugh Limbaugh wrote but never published about ican dream. But he was without pre- his life with his wife, Bee. ‘‘On the night of tense, truly a humble man, a devout lawyers whom include son, a U.S. Dis- her death, he wrote, ‘For the first time in 63 Republican and a very committed dem- trict Judge, a grandson, Justice of the years I was utterly alone except for the ocrat. Missouri Supreme Court, another memories of the greatest soul I had ever Born in rural Bollinger County, grandson, a prominent attorney in known,’ ’’ said Stein. about 90 miles southwest of St. Louis, southeast Missouri and throughout the A long funeral procession to Lorimier Cem- Mr. Limbaugh was the product of a Midwest, a son and grandchildren who etery followed the service. one-room primary school. As with ev- are educators. [From the Southeast Missourian] erything he approached in life, he ex- Throughout his extraordinary life, he celled in his education. In fact, through was always true to his roots—hard RUSH H. LIMBAUGH DIES AT AGE OF 104 diligence, organization, and keen focus, working, composed, dedicated, and (By Jay Eastick) he put himself through high school, most of all humble. His life and char- In 1902, on a small farm along the Little paying most of his expenses by doing acter epitomize that America is the Muddy Creek in Bollinger County, a passion carpenter work and farm labor. Follow- land of opportunity for those who have for the law first stirred in a 10-year-old boy. the heart and the will to make the A Daniel Webster oration the boy memo- ing high school, he went to college at rized had inspired him to become a lawyer. the University of Missouri at Colum- most of it. Fourteen years later, he set out on a legal bia. His work on the university farm Rush Hudson Limbaugh Sr. was in- career that spanned eight decades. and various odd jobs, such as firing fur- deed a legend in his time. On Monday, the lifetime love affair be- naces, carpentry, waiting tables, caring [From the Southeast Missourian] tween the man and the law ended. for animals, and assisting a Methodist 400 ATTEND LIMBAUGH FUNERAL Rush Hudson Limbaugh, one of Cape minister all helped to foot the bill for (By Chuck Miller) Girardeau’s favorite sons and the nation’s oldest practicing lawyer, died Monday after- his continuing education. The patriarch of the Limbaugh family was laid to rest Thursday afternoon next to his noon at his home at 635 Sylvan Lane. He was He always stressed that the more you 104. can learn, the better off you would be. bride, who died almost 19 years before him. For the most part, the funeral service for Funeral arrangements are pending at Ford His list of personal accomplishments Rush Hudson Limbaugh Sr. was of typical and Sons Mt. Auburn Chapel in Cape help to prove that he was indeed a man United Methodist fanfare, probably the way Girardeau. who lived by his own words and convic- the Limbaugh would have wanted it. The Limbaugh’s interest in law never waned tions. He prepared himself well, worked most extraordinary aspects of the service and even in recent months, he headed into hard, and made his family, community, were the cross-section of people that paid work about twice a week at the Limbaugh, Russell, Payne and Howard law firm that he and country proud. their last respects and the ‘‘van loads’’ of flowers sent in remembrance of a man whose founded 50 years ago in Cape Girardeau. Among his most notable achieve- His love of the law now is a family legacy. ments, Mr. Limbaugh left this world legal career spanned more years than most people’s lives. His son Rush H. Limbaugh Jr., who died in last week as the oldest practicing at- Limbaugh, 104, died Monday, April 8, 1996, 1990, practiced law with him, along with an- torney in the United States. That’s at his home on Sylvan Lane. He practiced other son, Stephen N. Limbaugh, who now is right, at 104 years of age, Rush Hudson law for more than 80 years. a federal judge in St. Louis. Limbaugh Sr. still went into the office State officials, judges, community leaders Stephen practiced law with his father for at least twice a week to the Limbaugh, and others—about 400 people in all—gathered 30 years before President Ronald Reagan ap- at Centenary United Methodist Church for pointed him to the federal bench. Russell, Payne and Howard law firm ‘‘I remember him most of all as a tremen- that he founded 50 years ago in Cape the service. The minister, the Rev. Dr. Neil Stein, delivered the eulogy. dous inspiration as a lawyer and a teacher, Girardeau. To help put his 80 years of Besides the eulogy, a violinist began the not only from a professional point of view, service in perspective, he started prac- service, a soloist sang a Christian hymn and but in our relationship as well,’’ Stephen ticing law in 1916 at the age of 24 when a trumpeter performed ‘‘Amazing Grace.’’ It said Monday. Woodrow Wilson was President. was a relatively simple service for a man He always has been most impressed with Not only was Mr. Limbaugh a scholar who gained international fame as a lawyer his father’s even temperament. Although he in the law, but also in history, in polit- and who lived through the Space Age and could be a ‘‘very fiery advocate’’ for his cli- ical theory and Judeo-Christian tradi- witnessed this country fight six wars. But ents, the elder Limbaugh was able always to maintain his composure and craft solutions tion. He and I shared a pleasure of Limbaugh enjoyed living a simple life in Cape Girardeau. to legal quandaries, Stephen said. never-endingly researching Abraham In addition to family members such as a Despite his own stellar legal career, Ste- Lincoln. When we would get together, U.S. district judge and nationally known phen said he ‘‘couldn’t possibly ever measure inevitably a discussion about Lincoln radio and TV talkshow host, Secretary of up’’ to his father’s stature. would come up, and we both looked for- State Bekki Cook, a former associate in the The Limbaugh legal legacy extends to a ward to swapping new stories or novel law firm Limbaugh founded, and State Audi- third generation. tales about our Nation’s 16th Presi- tor Margaret Kelly attended the ceremony. Four of his grandsons followed in his foot- Three justices from the Missouri Supreme steps and pursued legal careers. John and dent. Court also attended the service. One of the Dan, sons of Rush’s son, Manley, both are I would be remiss if I didn’t mention justices, Stephen N. Limbaugh Jr., was bid- lawyers. Stephen’s son, Stephen Jr., now is a Mr. Limbaugh’s many contributions to ding farewell to his grandfather. Chief Jus- Missouri Supreme Court judge, and Rush our community and our Nation. He was tice John Holstein and Justice William Price Jr.’s son, David, practices law at the firm his a servant of the Methodist church, the also paid their respects. grandfather started. H3552 CONGRESSIONAL RECORD — HOUSE April 17, 1996 David said his grandfather wouldn’t want He paid his way through college at the ethical. He was really the epitome of what a his family boasting about him. ‘‘But he was University of Missouri at Columbia by work- lawyer ought to be.’’ an extraordinary man, exemplary in every ing on the university farm and various odd Lowes said other aspiring lawyers should way, yet very humble,’’ he said. jobs—firing furnaces, carpenter work, wait- look to Limbaugh and his career when enter- ‘‘He was a devoted Christian, a lawyer’s ing tables, caring for animals and assisting a ing the profession. ‘‘You just couldn’t have lawyer, a community servant and a gentle Methodist minister. asked for a finer man to have been a law- and kind man whose family was the very At college, his oratory skills won him yer,’’ he said. center of his life. more awards and helped to hone the skills he Another attorney, former state Sen. Al David said the loss of his grandfather was later would employ in the courtroom. Spradling Jr., agreed: ‘‘He has to be one of ‘‘made easier with the knowledge that he led He argued more than 60 cases before the the most outstanding lawyers that Cape a rich and fulfilling life and that he is now Missouri Supreme Court and many promi- Girardeau ever had. He had more honors be- residing in a happier, more peaceful place.’’ nent civil cases, Limbaugh was a specialist stowed upon him than any other lawyer in Rush Limbaugh’s oratorical skills were in probate law and helped draft the 1955 Pro- Southeast Missouri. He was honored by the passed down to his most famous progeny, bate Code of Missouri. Missouri Bar more than any attorney in Rush H. Limbaugh III, who hosts the na- Limbaugh also tried cases before the Inter- Southeast Missouri.’’ tion’s most-listened to radio talk show as state Commerce Commission, the U.S. Labor Spradling said before he ever went to law well as a syndicated half-hour television Board, the Internal Revenue Appellate Divi- school he was a gopher for the only meeting show. He also is the author of two best-sell- sion and trial and appellate agencies of the of the Missouri Bar held in Cape Girardeau. ing books. U.S. Coast Guard. ‘‘He was responsible for the Missouri Bar By any measure, Rush Limbaugh’s was a having a meeting in Cape Girardeau because full life. His vita runs to several pages and [From the Southeast Missourian, April 9, he was president,’’ he said. ‘‘It was the first reflects a commitment to excellence and the 1996] and the last time the Missouri Bar has had a highest code of legal ethics. COLLEAGUES CALL LIMBAUGH A LAWYER’S meeting here.’’ He was known by his peers as a superb law- LAWYER In addition to achieving the top spot in the yer. More than that, he is remembered by Missouri Bar, Limbaugh also was a special (By Chuck Miller) those who knew him as an uncommon man, envoy to India, touting American jurispru- someone who combined public distinction Friends and colleagues of Rush Hudson dence to that nation during President with private character. Limbaugh, 104, said within hours of his death Dwight Eisenhower’s administration. And so colleagues, when asked to name that other people should measure their per- But even though his legal career took him Limbaugh’s achievements, are as likely to sonal and professional lives by the standard around the world, he continued to reside in point to his work as a Sunday school teacher he lived by. Cape Girardeau where his law practice began or scout leader as they are to his many ca- A Cape Girardeau Icon who also achieved in 1916. reer distinctions. international fame as a lawyer touting Don Thomasson, another Cape Girardeau A former president of the Missouri Bar, American jurisprudence abroad, Limbaugh attorney, said he met Limbaugh in 1953 while charter member of the Missouri Bar Founda- died Monday afternoon. serving as prosecutor in Marble Hill. tion and member of the American Bar Foun- ‘‘It’s a sad day for Cape Girardeau,’’ said ‘‘I saw him sitting in Ward’s Cafe,’’ he said. dation, among other professional organiza- U.S. Rep. Bill Emerson, ‘‘Mr. Limbaugh had ‘‘I thought he was God. He was such a gen- tions, Limbaugh also was a member of the a long and valuable life. His passing will in- tleman and a great attorney.’’ Cape Girardeau Board of Education, the Sal- evitably leave a tremendous void. He was a Thomasson said he remembered speaking vation Army Advisory Board and was chair- dear friend and mentor of mine.’’ at a celebration a decade ago honoring man of the Cape Girardeau County Repub- Emerson said he and Limbaugh shared a Limbaugh for 75 years of practicing law. lican Committee. hobby of researching Abraham Lincoln. ‘‘A few of us said some good words about He had been honored by the American Se- When the two men would meet, they would Mr. Rush,’’ he said, ‘‘and then he spoke. He curity Council, the All India Law Teachers swap a new story about America’s 16th presi- sounded far more intelligent than any of us.’’ Association, and the University of Missouri. dent. ‘‘That was one thing we looked forward Morley Swingle, the Cape Girardeau Coun- He also was named ‘‘Mr. Cape Girardeau’’ by to,’’ he said. ty prosecutor, asked Limbaugh for help the Golden Eagles Marching Band of South- Emerson said one of his fondest memories while compiling photographs and biographi- east Missouri State University, and was an always will be the dedication of a new school cal sketches of every prosecutor who served Honorary Citizen of ‘‘Father Flanagan’s in Winona. The federal government funded in Cape Girardeau County, a position created Boy’s Town. half of the project, he said, and a Winona in 1886. In 1985, then Missouri Gov. John Ashcroft banker, represented by Limbaugh at age 96, ‘‘Rush Limbaugh personally knew every declared May 17 ‘‘Rush H. Limbaugh Day’’ in funded the other half of the project. single prosecuting attorney,’’ he said. the state in honor of the Cape Girardeau ‘‘So it was Rush Limbaugh and Bill Emer- Swingle said he didn’t have a picture for laywer. son on the back of a flatbed truck for the one of the prosecutors, Robert Whitelaw, At a dinner that night, President Reagan dedication,’’ he said. ‘‘And he made the most who served in the late 1890s. But he did have remarked in a letter that Limbaugh’s con- remarkable, beautiful statement: He was a picture of a group of unknown county offi- tributions ‘‘read like a virtual who’s who of quoting off the top of his head about the im- cials taken about the same time as Whitelaw accomplishment.’’ U.S. Supreme Court Jus- portance of a public education. He just wove was prosecutor. tice Lewis Powell called Limbaugh a ‘‘great it together so beautifully. ‘‘I took the photograph to Mr. Limbaugh,’’ credit of the legal profession.’’ ‘‘He was a legend in his time.’’ he said. ‘‘He got his magnifying glass out, Ashcroft, now a U.S. Senator from Mis- Cape Girardeau Mayor Al Spalding III said looked at the picture and said, ‘No, he’s not souri, said Monday that Limbaugh ‘‘set an Limbaugh ‘‘made’’ Cape Girardeau in many in this batch.’’ example’’ for all who knew him. ways. Swingle said Limbaugh was an influence ‘‘Rush Limbaugh exemplified the char- ‘‘He put us on the map in a lot of re- on his life because of his love for the law and acter, commitment and vision that has led spects,’’ he said. ‘‘We hate to see his passing. the court system. this great state from the 1900s through the He paid his dues and helped a lot of young ‘‘He also was the very epitome of what one Great Depression, up until today,’’ Ashcroft attorneys over the years, which we’re all strives to be as a public speaker,’’ he said. said. ‘‘He understood the promise of America grateful for.’’ because he embodied it.’’ A man devoted to his wife, community and [From the Southeast Missourian, April 10, One of the highlights of his career came in his career was how John Blue, the former 1996] 1958, when the U.S. State Department in- managing editor of the Southeast Missou- vited Limbaugh to lecture in a newly liber- rian, described Limbaugh. RUSH LIMBAUGH: A LIFE OF SERVICE TO CITY, ated India before lawyers, judges and univer- ‘‘He was president of the Rotary when I COUNTRY sity students on the subject of constitutional joined in 1949,’’ Blue said. ‘‘He was one of our A decade or so ago, a high-ranking resident government and the American judicial sys- better presidents. He also was a top lawyer of Washington, D.C., was visiting relatives in tem. and a great orator. There was no hemming or Cape Girardeau. His hosts insisted on taking The product of a one-room primary school hawing with him; it was just forthright him to meet Cape’s most distinguished citi- in rural Bollinger County, Limbaugh at- speech.’’ zen, Rush Hudson Limbaugh, Sr. When the tended Millersville High School before trans- Blue credited Cape Girardeau’s growth in visiting chief of staff to a U.S. senator met ferring to the Normal School in Cape the 1920s and 1930s to Limbaugh the commu- the elderly gentleman, who graciously re- Girardeau, where he paid most of his ex- nity leader. ‘‘We experienced phenomenal ceived him at home, Limbaugh inquired as to penses doing carpenter work and farm labor. growth then, and he was responsible for his guest’s hometown. ‘‘Oh, you won’t know At Normal School, he was elected to the that,’’ he said. it—you can’t possibly have heard of it,’’ re- Benton Literary Society, for which he won Al Lowes, a Cape Girardeau attorney, land- sponded the visitor. ‘‘I’m from a little town numerous oration and debating awards. In ed Limbaugh, a past president of the Mis- in upstate New York.’’ Limbaugh pressed his 1912, he was awarded the gold medal for par- souri Bar as a lawyer’s lawyer. visitor for the name. Told the answer, he de- ticipation in the Interstate Normal Oratori- ‘‘He was a top-notch, all-around lawyer,’’ scended upon his visitor with encyclopedic cal Contest at Emporia, Kan. he said. ‘‘He was extremely hardworking and thoroughness, delivering a detailed rendition April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3553 of the strategic importance of that town in THE OPPORTUNITY OF EDUCATION overwhelming majority are performed the Revolutionary War, how it related to the Limbaugh often spoke of his excitement on perfectly normal and healthy ba- world-decisive Battle of Saratoga, and what upon traveling to Cape Girardeau—a day’s bies. this meant in the war for American inde- ride by horse-drawn wagon—and glimpsing Clearly this is an issue that crosses pendence. Awestruck—having heard facts the spires of the school’s main building. Here about his own hometown he didn’t know— party lines. The bill passed the House was a chance at education. From this hill- with 214 Republicans and 72 Democrats the visitor departed, shaking his head in top, a great world beckoned. Prepare your- amazement. Longtime friends of Limbaugh self, work hard, make your family proud, and voting for the legislation, and in the will understand the visitor’s reaction. you could accomplish anything. This, after Senate with 45 Republicans and 9 Among people who have had the privilege of all, is America, and this school, he told an Democrats. Yet the President has the knowing him these many years, astonish- audience at the university’s 1973 centennial, gall to go against the American people. ment and amazement long ago became com- is nothing less than ‘‘the fulfillment of a In recent polls, national polls of reg- monplace. great national purpose.’’ ‘‘Pop,’’ said a certain nationally syn- istered voters conducted in December How richly he added to this school, this dicated radio talk show host to a rare studio by the Tarrance Group, 71 percent fa- community, this state and this nation. Few, guest four and a half years ago, ‘‘Who was vored the bill that we passed. In an- then, there are of whom it can be said, as it president the year you were born?’’ ‘‘Ben- can of Rush Hudson Limbaugh Sr., ‘‘Well other poll, 65 percent of pro-choice jamin Harrison,’’ came the reply, without a Americans supported the ban, the par- second’s hesitation. When he was a guest on done, good and faithful servant. Enter into my kingdom.’’ Somehow, we all know tial birth abortion ban. Specifically, 78 his grandson’s national radio show that percent of women voters support the afternoon in September 1991 on the occasion Limbaugh heard those words this week when of his 100th birthday, Limbaugh was round- the Lord called him home. ban that the House and the Senate ing out only his first century. He was still passed. going to the office and billing hours as the [From the Southeast Missourian, Apr. 10, Mr. Speaker, I would like to read for nation’s oldest practicing attorney. That 1996] the RECORD a statement by Ralph Reed broadcast originated from Kansas City be- RUSH LIMBAUGH, SR. regarding the veto of the partial birth cause Limbaugh was there with family to at- Funeral service for Rush Hudson Limbaugh abortion ban, and I quote: tend the annual meeting of the Missouri Bar Sr., 635 Sylvan Lane, will be held at 2 p.m. Bill Clinton has taken his veto pen and Association, of which he and a son were Thursday at Centenary United Methodist former presidents. pointed it like a dagger at the hearts of the Church. Dr. Neil Stein will officiate, with innocent unborn. His veto is a brazen be- A NATIONAL TREASURE burial in Lorimier Cemetery. trayal of his solemn promise to make abor- On that centennial, in a firm voice that Friends may call at Ford and Sons Mt. Au- tion rare. It is an insult to millions of people belied his years, Limbaugh continued, de- burn Chapel from 4–8 p.m. today, and Thurs- of faith who consider abortion to be the tak- scribing to an astonished national audience a day from 10–11:30 a.m. ing of innocent human life. It will be very boyhood devotion to his first contemporary Limbaugh, 104, died Monday, April 8, 1996, hard, if not impossible, for Bill Clinton to political hero: Teddy Roosevelt. On in detail at his home. look Roman Catholic and Evangelical voters Limbaugh went, describing what a heroic fig- He was born Sept. 27, 1891, near in the eye and ask for their support in No- ure TR was, how crucial his decisive action Sedgewickville, son of Joseph H. and Susan vember. in sending the American naval fleet world- Presnell Limbaugh. He and Beulah ‘‘Bee’’ wide, what this meant for an America begin- Seabaugh were married Aug. 19, 1914, in Cape I further quote Ralph Reed and the ning to emerge from 19th century isolation Girardeau. She died Sept. 2, 1977. Christian Coalition. into the first rank of world powers, and why, Limbaugh, the oldest practicing attorney I am proud to add my voice to those therefore he, Limbaugh, followed the mag- in the United States, had practiced law since Roman Catholic bishops who are so coura- nificent TR out of the Republican Party to 1916. He founded the law firm of Limbaugh, geous, and implore President Clinton to sign join the Bull Moose insurgency in the great Russell, Payne and Howard 50 years ago. He this legislation. The partial birth abortion is campaign of 1912. Through a living, breath- was a member of Centenary Church. when a child’s brains are removed and the ing history text was an audience of millions Survivors include two sons, Manley baby is systematically executed as it comes introduced to a national treasure whom we Limbaugh of Chester, Ill., Stephen Limbaugh down the birth canal. By allowing this proce- here in Missouri, and especially Cape of St. Louis; 10 grandchildren, and 19 great- dure to continue unchecked, President Clin- Girardeau, had long valued so highly. grandchildren. ton has disappointed and deeply offended one Glowingly, the accolades pour in—from He was preceded in death by a son, two of the largest voting blocks in the elector- judges, congressmen, senators, fellow mem- daughters, four brothers and three sisters. ate. Bill Clinton has done more today than bers of the bar, Rotarians, friends far and f jeopardize the lives of unborn children. He wide. Family man as brother, husband, fa- has jeopardized his own reelection chances. ther, grandfather, great-grandfather. Author The SPEAKER pro tempore. Under a of a legal textbook and of numerous articles. previous order of the House, the gen- b 1700 Accomplished orator. Leading Methodist tleman from Rhode Island [Mr. KEN- Mr. Speaker, just one more letter I layman and Sunday School teacher. Paul NEDY] is recognized for 5 minutes. Harris Fellow of Rotary International. Life would like to make reference to before emeritus trustee of the Missouri Historical [Mr. KENNEDY of Rhode Island ad- closing, because to the American peo- Society and its former president. Patriarch dressed the House. His remarks will ap- ple, this is an important issue to try to of a family of lawyers and Republicans. pear hereafter in the Extensions of Re- protect the life of the healthy unborn. Limbaugh was a scholar in the law, in his- marks.] This is from the Catholic Bishops and tory, in political theory and in the Judeo- f also from the Catholic Cardinals, and I Christian tradition of ordered liberty. A happen to be Catholic. scholar of the life of Patrick Henry, from REACTION TO VETO OF BILL BAN- memory he could quote William Makepeace ‘‘Your veto of this bill is beyond com- NING PARTIAL-BIRTH ABOR- prehension for those who hold human Thackeray and Blackstone and so many oth- TIONS ers. life sacred.’’ In 1985, family and friends packed into a The SPEAKER pro tempore. Under a I further quote and read from the let- local motel banquet room to honor previous order of the House, the gen- ter from the Catholic Bishops and Car- Limbaugh at a surprise dinner celebration tleman from North Carolina [Mr. dinals: ‘‘Mr. President, you and you sponsored by local Rotarians. Tributes were JONES] is recognized for 5 minutes. alone had the choice of whether or not read from President Ronald Reagan and from Mr. JONES. Mr. Speaker, I was dis- to allow children almost completely Justice Lewis Powell of the U.S. Supreme Court, long a Limbaugh friend. What stands appointed and appalled when President born to be killed brutally in partial out in the memory, though, is the address of Clinton vetoed the partial birth abor- birth abortions. Members of both the guest of honor. Few who were present tion bill. The President’s veto is in di- Houses of Congress made their choices. that night will ever forget the throat-catch- rect opposition to the will of the House They said no to partial birth abortions. ing sense of excitement he evoked when he and the Senate. Even more important, American women voters have made arose, without notes, for extemporaneous re- the President’s veto is in direct opposi- their choices. According to a February marks. In a voice choked with emotion, tion to the will of the majority of the 1996 poll by Fairbanks Mullin & Associ- Limbaugh told his audience that they didn’t American people. ates, 78 percent of women voters said so much honor him as they did members of his family who, after his father’s early No one really is sure how many par- no to partial birth abortions.’’ death, ‘‘went without substance so that I tial birth abortions are performed or Further stated in the letter from the could be the first in the family to leave the how many abortionists are using the Bishops and the Cardinals, ‘‘We will farm and go to Cape to the Normal School.’’ method. However, we do know that the also urge Catholics and other people of H3554 CONGRESSIONAL RECORD — HOUSE April 17, 1996 good will, including the 65 percent of The First Lady attended the funeral of The SPEAKER pro tempore. Under a self-described pro-choice voters who Adam Darling, an optimistic and inter- previous order of the House, the gentle- oppose partial birth abortions, to do all ested person in politics who went on to woman from the District of Columbia they can to urge the Congress to over- work at the Commerce Department [Ms. NORTON] is recognized for 5 min- ride this shameful veto.’’ under Ron Brown’s leadership. I note utes. Mr. Speaker, I thank you for allow- with particular sadness the death of [Ms. NORTON addressed the House. ing me this time. I think this is one of Bill Morton, a dynamic and brilliant Her remarks will appear hereafter in the most important issues that this young man who devoted his life to ad- the Extensions of Remarks.] Congress has had the privilege to de- vancing minorities in public service. f bate. Again, I think it is appalling and And in our community in San Fran- The SPEAKER pro tempore. Under a discouraging and disappointing that cisco, we are particularly grief strick- previous order of the House, the gen- the President of the United States ve- en by the death of Don Terner, the tleman from Georgia [Mr. CHAMBLISS] toed the bill that was passed by the BRIDGE Housing Corporation execu- is recognized for 5 minutes. House and Senate to protect the tive, who was a member of the delega- [Mr. CHAMBLISS addressed the healthy unborn. tion. House. His remarks will appear here- f Don Terner is a great lost to the San after in the Extensions of Remarks.] FURTHER TRIBUTE TO THE LATE Francisco Bay Area and the affordable f housing community nationwide. In his HONORABLE RON BROWN The SPEAKER pro tempore. Under a life, he gave dignity and hope to Amer- previous order of the House, the gen- The SPEAKER pro tempore. Under a ican families by providing shelter. Don tleman from Texas [Mr. GONZALEZ] is previous order of the House, the gentle- Terner died as he had lived, bringing recognized for 5 minutes. woman from California [Ms. PELOSI] is hope to people in need. [Mr. GONZALEZ addressed the recognized for 5 minutes. Now I would like to return my focus Ms. PELOSI. Mr. Speaker, last House. His remarks will appear here- to Secretary Ron Brown. I had the evening our colleague, the gentle- after in the Extensions of Remarks.] privilege of working with Ron Brown woman from North Carolina, Rep- since the early eighties, when we f resentative EVA CLAYTON, called a spe- worked together putting together the The SPEAKER pro tempore. Under a cial order to honor the memory of and 1984 Democratic Convention in San previous order of the House, the gen- celebrate the life of Secretary of Com- Francisco, but also working on the del- tleman from Indiana [Mr. BURTON] is merce Secretary Ron Brown. There egate selection process. In the conven- recognized for 5 minutes. were so many of us who wanted to par- tion in 1992, I served as cochair with [Mr. BURTON of Indiana addressed ticipate that we have some overflow Governor Romer of the Platform Com- the House. His remarks will appear this evening. I am among those. I want mittee. I mention those two relation- hereafter in the Extensions of Re- to acknowledge the leadership of the ships with Ron because in both of those marks.] gentlewoman in calling that special instances, whether it was participation f order. She asked us to focus not only in the party, in the delegate selection on our personal, but our professional THE NATIONAL CAMPAIGN TO process, or whether it was policy for- relationships with Ron Brown in re- REDUCE TEEN PREGNANCY mation in putting together a platform, membering him. Ron Brown gave no tolerance to dis- The SPEAKER pro tempore. Under a First, I would like to say, Mr. Speak- crimination. Our party would be open previous order of the House, the gentle- er, that our country suffered a stagger- and our policy would be open to all woman from Florida [Mrs. THURMAN] is ing tragedy with the loss of our distin- people in our society. Indeed, I believe recognized for 5 minutes. guished Commerce Secretary, Ron that is a hallmark of the Clinton ad- Mrs. THURMAN. Mr. Speaker, I Brown. How he would enjoy seeing ministration, and Ron Brown’s influ- would like to thank the gentlewoman some of the tributes to him that were ence was surely felt there. from North Carolina for organizing to- written in the past week. The Washing- night’s special orders. I would also like I hope it is a comfort to all of the ton Post says ‘‘Best in the Business.’’ to commend her for her leadership in families of all of the people in the dele- Another headline, ‘‘Brown, a Pioneer urging Members to become more ac- gation, I hope it is a comfort to their at Home In Black and White America. tively involved in President Clinton’s loved ones that they are mourned by Ex-Party Chief Had Key Role in Clin- National Campaign To Reduce Teen an entire Nation, that they died in a ton Win.’’ Indeed he did. Pregnancy. Another headline, ‘‘Builder of mission of peace, bringing humani- First, we must face a distressing re- Bridges.’’ How he would like to have tarian and economic assistance to the ality. More and more teens in our Na- seen this headline, ‘‘Devoted To Mis- Balkans, and that their sacrifice will tion are getting pregnant every year. sion Until the End.’’ ‘‘Ron Brown’s con- never be forgotten. Births to mothers under the age of 18 tribution to his people,’’ ‘‘Changing the I want to particularly commend are on the rise, and we must work to- face of America’s executive suites, still Alma Brown and extend sympathy to gether to address this crisis. lily white, is a tribute worthy of her and to Michael and to Tracy, Ron The statistics in my home State of Brown.’’ and Alma’s children. Across the world, Florida are disturbing. Florida ranks And the list goes on and on of Ron people saw Alma Brown as dignified in 10th in the Nation in births to children Brown’s contributions. Commerce Sec- her sadness. I happened to be in Indo- aged 10 to 14 and 16th for teens between retary Ron Brown showed endearing nesia when we got the news, and even the ages of 15 to 19. Even more dis- enthusiasm for whatever task he un- at that distance, the press was one of heartening is the fact that of Florida’s dertook. How true that is. great admiration and, of course, sym- 17,641 teen births in 1994, almost 1 in 5 I call these to your attention, Mr. pathy for Alma. But she led us through were repeat pregnancies. Speaker, and to the attention of our this tragic time, through this sadness, Yes—these figures are alarming. colleagues, because I know that Ron in a way that I know would have made However, there is hope. In fact, some Brown would have enjoyed them. I Ron Brown very, very proud. But, of promising programs in my district hope that they are a source of comfort course, he knew that about Alma. have demonstrated success in prevent- to the Brown family. So I would say that as we mourn, the ing teen pregnancy. Tonight, I would Our colleague the gentlewoman from leaders of the delegation, we must also like to highlight these successful pro- the District of Columbia, Ms. ELEANOR remember the patriotic members of the grams—programs which offer preven- HOLMES NORTON, when she made her military on the flight and the members tive strategies to solve the dilemma of presentation last evening mentioned of the Commerce Department staff. teen pregnancy. Rather than continue some of the other people who, unfortu- The prayers of my family I know will the punitive approach Congress has nately, also lost their lives in the trag- always be with the Brown family, as taken with the welfare debate, citizens edy, and I would like to call attention well as with the families of this mis- in my district are taking positive ac- to three others who I am familiar with. sion of peace. tion. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3555 I am very excited that almost every of 5th and 6th graders, with major em- science understands. People do not county in my district has established a phasis placed on abstinence. Through want to see life casually ended, and teen pregnancy task force. Made up of the program’s curriculum, young peo- they do not accept abortion as the a cross-section of the community— ple are taught both the consequences of highest and best offering of our Con- teachers, public health nurses, parents, early pregnancy and how to deal with stitution. They are troubled by a 1.5 teens, and representatives from local peer pressure; it teaches them con- million-person death count every year. civic groups and organizations—the fidence so that they can say ‘‘no’’ to They are even more troubled by a grue- task forces work together to increase sexual involvement and have their some procedure covered by this legisla- awareness and education. ‘‘no’’ accepted. This program also in- tion, an abortion in which a child’s Let me tell you about the effective volves parents by creating a curricu- brains are removed and the baby is sys- programs in my district. In Alachua lum that gives parents the tools nec- tematically executed as it comes down County, for example, Planned Parent- essary to discuss candidly the issue of the birth canal. hood of North Central Florida has sex and the need to postpone sexual in- b 1715 teamed up with the Alachua County volvement. Public Health Unit to develop an excit- In addition to the many successful This is one of the most horrific medi- ing pilot program called Planned Par- programs I have already mentioned, cal procedures in the world today. enthood ‘‘in the ‘‘Hood.’’ this discussion would be incomplete President Clinton has disappointed and Although just 4 years old, this won- without a reference to a very success- deeply offended one of the largest vot- derful program is an excellent example ful teen parenting program in Pasco ing blocks in the American electorate. of the unique partnerships which can County. During my tenure in the Flor- The overwhelming success of pro-life be formed when the entire community ida Senate, I became actively involved candidates in the last election, both works together to tackle a program. in the Youth and Family Alternatives Democrat and Republican, underscores ‘‘In the ’Hood’’ has begun to conquer Teen Parenting Program. This program the troubled electorate’s concern for the obstacles that teens typically face is designed to provide pregnant adoles- run away abortion rights turned into when attempting to use traditional cents the education and support they societal wrongs. health care services. need. Through home visits, this pro- Bill Clinton has again aligned him- ‘‘In the ’Hood’s’’ approach is unique gram aims at assisting, supporting and self with the most extremist elements because teens deal with one personal educating young mothers during and of the abortion lobby, those who see no counselor throughout their ordeal, not after their pregnancies. value in life poised on the edge of birth. just a faceless voice at the other end of Mr. Speaker, in all of the successful The President said he wants abortion a telephone line. Through home visits, programs I have been involved with, to be rare, but he seems to see no life one-on-one counseling, and follow-up the key to their success has been get- worth saving, not even a fully viable with teens, ‘‘In the ’Hood’’ has become ting the whole community involved: child whose living brain tissue issue is a model of innovative community dedi- students, parents, teachers, churches vacuumed out causing painful death. cation. Through active involvement and Government. This makes sense. Partial birth abortions take place on and personal contact with teens, the Teen pregnancy is a problem for an en- babies from 20 weeks up until 40 weeks. ‘‘In the ’Hood’’ counselor has become tire community, not just one woman, The House Committee on the Judiciary both a role model and mentor for teens or one family. We must continue to has compiled documentation of the who have been fortunate enough to practice of this procedure by physi- participate in this program. work together to solve this terrible problem. I am delighted we have the cians of its being used on living human More importantly, the program fetuses, of the pain that these children works. In 1994, of those teens who par- opportunity tonight to take an impor- likely incur and of its use for elective ticipated in this program, only 12.5 per- tant step in this positive direction. purposes. In describing one such partial cent became pregnant for the first I have lots more I could say, Mr. birth abortion she witnessed, nurse time, while 61 percent of those who Speaker. I hopefully will have an op- Brenda Shafer stated, the baby’s body participated in traditional programs portunity to continue this as time goes was moving. His little fingers were had first-time pregnancies. on. I have much more that I could offer One of the most troubling realities than just in 5 minutes. clasped together. He was kicking his associated with adolescent pregnancy f feet all the while his little head was is what comes after the birth of the still stuck inside. SUPPORT PARTIAL BIRTH In a Christian Coalition letter to child. Inevitably, many children who ABORTION BAN have children don’t finish school. Congress, they stated Americans across Therefore, they have limited job pros- The SPEAKER pro tempore. Under a the Nation are now aware of this inhu- pects, reduced earning capacity, and, in previous order of the House, the gen- mane practice and please cast your the end, often depend of public welfare tleman from North Carolina [Mr. vote on the side of protecting these lit- to make ends meet. FUNDERBURK] is recognized for 5 min- tle babies from this painful death. En- Before coming to Congress, I taught utes. actment of a ban on partial birth abor- middle-school math in Dunnellon, FL. I Mr. FUNDERBURK. Mr. Speaker, I tions is a key element of the Christian have seen the tragedy of promising want to strongly express my support Coalition’s contract with the American young students becoming pregnant and for the partial birth abortion ban. I family. A partial birth abortion ban dropping out of school—abandoning consider this procedure a horrible one act is the right thing to do and I sup- their dreams of college and a successful that people would not support if they port it. future. I know it makes sense for saw it. f Mr. Speaker, President Clinton’s veto schools to emphasize pregnancy pre- THE INCREASED NEED FOR CIVIL- vention in their curriculum to prevent of the partial birth abortion ban, which passed Congress with overwhelming ITY IN OUR SOCIETY TODAY this tremendous waste of potential. SHOULD START IN CONGRESS Citrus County, in a collaborative ef- support, shows once again his absolute fort between its Public Health Unit and loyalty to the most extreme abortion The SPEAKER pro tempore. Under a School Board, is doing just that. As 1 advocates. H.R. 1833 passed both Houses previous order of the House, the gen- of 11 pilot sites in Florida to receive with wider margins than almost any tleman from West Virginia [Mr. WISE] what is known as an Education Now bill this session. is recognized for 5 minutes. and Babies Later grant, [ENABL], Cit- Polls have revealed that the vast ma- Mr. WISE. Mr. Speaker, I want to rus County has been able to participate jority of Americans, more than two- shift gears for a second. I can be as par- in Postpone Sexual Involvement, a thirds, support restrictions on abor- tisan as anybody can, I think, and multifaceted program designed to get tion. Among just women, the numbers probably have been, but it has also be- to the heart of the teen pregnancy are even higher who support restric- come increasingly clear to me that problem. tions, especially in these late term there is a need for a nonpartisan ap- The Postpone Sexual Involvement abortions. These numbers tell a story proach to this institution, this institu- Program begins with direct education that every man and woman of con- tion called Congress. H3556 CONGRESSIONAL RECORD — HOUSE April 17, 1996 There is a need for Members, all of be leaders, then that means people are The President says that abortions us, to be thinking carefully about the following our example. And if we are in should be rare, but he vetoed this par- messages that we send to the public, here wrestling around and calling each ticular legislation. I think that was because if we say it enough times other names, then I wonder whether or outrageous. about ourselves, then after a while peo- not that becomes the commonplace Mr. Speaker, I will say one thing for ple begin to believe us. And the mes- form or method of operation or mode of the President, however, he has been sages that go forth about this institu- communication for those of our consistent. He says one thing and then tion, Republican and Democrat alike contstituents. If it is okay for those does another. He promised to end wel- sending them, I might add, I think folks in Congress, it must be okay for fare as we know it. He vetoed welfare have caused a lot of people to wonder. me. reform. He promised the middle-class The fact of the matter is that each of There is a need for civility, an in- tax cut and then he vetoed the middle- the Members who chose to run for this creased need for civility in our society class tax cut that was passed by this institution chose to run. And I believe today, and I think one place it needs to Congress. He said that abortion should deeply that Members who are here be- begin is here in Congress. be rare, but his record shows that he lieve in what they are doing. It is in f supports abortions on demand at any that capacity, then, that we need to time for any reason. make sure that we communicate the PRESIDENT CLINTON TAKES EX- I would agree with Robert Casey, the best of this institution as well as our TREME POSITION ON VETO OF former Democratic Governor of Penn- constantly trying to change it. PARTIAL BIRTH ABORTION BAN sylvania, who said President Clinton I listened to a debate the other day The SPEAKER pro tempore. Under a says he wants abortions to be safe, on a contentious issue. It was not nec- previous order of the House, the gen- legal, and rare, but he has helped make essarily Republican or Democrat, it tleman from Ohio [Mr. CHABOT] is rec- it safe, legal, and everywhere. Yester- was just a very, very contentious issue. ognized for 5 minutes. day Cleveland Bishop Anthony Pilla, And I heard from both sides the Mr. CHABOT. Mr. Speaker, like president of the National Conference of charges back and forth of, well, this many of my colleagues, I am Catholic Bishops, joined by eight person is in the pocket of so-and-so, or unapologetically pro-life. Recently we American cardinals, sent an extremely this person who just spoke is speaking were joined by a number of our pro- thoughtful, strongly worded letter to up for such-and-such a group. As it choice colleagues in voting to outlaw President Clinton in response to the rang back and forth I thought how does partial birth abortions. Those folks President’s veto, and I would like to this debate come across to those who also believed the procedure to be vio- quote from that letter at this time. are watching and listening. And the an- lent and gruesome and in no way con- In the letter the bishop stated as fol- swer is these folks must know what sistent with their views that some lows: Your veto of this bill is beyond they are talking about and maybe they abortions ought to be legal. comprehension for those who hold are all in the pockets of so-and-so. President Clinton, on the other hand, human life sacred. It will ensure the My feeling is, and I believe the way who has often said that he personally continued use of the most heinous act most people here feel, is that Members opposes abortion, says that he believes to kill a tiny infant just seconds from of Congress are not in the pockets of abortion ought to be legal but rare. In taking his or her first breath outside anybody and that they are here wres- this particular instance I think he has the womb. tling with some honest to goodness dif- finally shown his true colors. He has And the letter goes on: At the veto ficult questions. reached out to the most radical of the ceremony, you told the American peo- I look around this Chamber and what pro-abortion lobby by vetoing the par- ple that you had no choice but to veto I see in these seats is this is where the tial birth abortion bill. The veto was a the bill. Mr. President, you and you Nation comes together. This is the slap in the face to all of those who re- alone have a choice of whether or not crossroads of the country and this is spect human life. to allow children almost completely where the country comes to try to The President has shown once and for born to be killed brutally in partial work out its problems. Somebody from all that he favors abortion on demand, birth abortions. Members of both California or someone who lives on the even in the final weeks of pregnancy, Houses of Congress made their choice. seacoast may not know what it is like and that is a tragically extreme posi- They said no to partial birth abortions. to live up a mountain hollow in West tion. Your choice was to say yes and to Virginia. By the same token, I have to I would remind my colleagues that allow this killing more akin to infan- learn what it is like to live in many the partial birth abortion ban was sup- ticide than abortion to continue. other parts of the country and the ported by 288 Members of this body, That is what the Catholic bishops problems that are faced there, and both Republicans and Democrats. Most had to say to the President of the Unit- sometimes that is a slow process and thoughtful legislators did not consider ed States. It would be an understate- sometimes it requires a lot of delibera- the bill to be controversial and agreed ment to say that I am disappointed and tion. So it is a process of trying to it was something long overdue, a prohi- saddened by President Clinton’s uncon- come to a consensus and understand bition on a particularly grotesque and scionable veto of the partial birth abor- one another. inhumane practice, yet the President tion ban. I think my sentiments are I will say this. This is probably about did not see it that way. shared by many, including a large as divergent a Congress as I have ever Let us recap for a moment what it is number of people who consider them- had the privilege to serve in terms of we are talking about here. A partial selves to be pro-choice, and I cannot political views, ranging from the ex- birth abortion is performed by using stress in strong enough terms my hope treme conservative to the extreme lib- forceps to pull a living baby, feet first, that this Congress when it is given the eral. But I also know that the best through the birth canal until the opportunity will vote to override the hope that this country has is to be able baby’s body is exposed, leaving the President’s veto. to work this out within the confines of head just within the uterus. The abor- Mr. Speaker, we cast hundreds of this institution. That is why it exists. tionist then forces surgical scissors votes in this body every year. This vote It is called Congress. Congress means into the base of the skull, creating an will not be forgotten and we hope that coming together. Obviously, with the incision through which he then inserts we override this terrible veto the Presi- divergent viewpoints we all have, it a suction tube to evacuate the brain dent made. may take a little longer to come to- tissue from the baby. This causes the f gether. skull to collapse, allowing the baby to We can have vigorous debate. We be pulled from the birth canal. TRIBUTE TO OUR FALLEN FRIEND, have to have that debate. We can have The Partial Birth Abortion Ban Act RON BROWN tough aggressive partisanship. But I would outlaw such abortions. The The SPEAKER pro tempore. Under a also ask that we be thinking about re- President, who says that abortions previous order of the House, the gen- spect for this institution. Because if we should be rare, says that there is no tleman from New York [Mr. RANGEL] is are truly leaders, and people elect us to question this is a gruesome procedure. recognized for 5 minutes. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3557 Mr. RANGEL. Mr. Speaker, later on cation of a Ron Brown, or Ron Gon- It leaves me, Mr. Speaker, mystified, this evening, the gentleman from New zalez, or Ron Lee, or the women that wondering if the rightful role of gov- Jersey, DON PAYNE, and other Members have been denied the opportunity to ernment is not to step forward, to in- of Congress will continue to pay trib- show, to be given the opportunity to deed protect the most defenseless ute to my fallen buddy, Ron Brown, but show that they are Americans, this is a among us, that nurturing, growing life I just want to share some views as I great country, and go abroad and find within the womb, that most precious saw Ron and 33 other coffins arrive in out that they are making friends for experience in a woman’s existence. Dover, these flag-draped coffins cover- us, as well as creating trade. What is the rightful role of govern- ing the bodies of people that were in Mr. Speaker, I have received notices, ment, I ask, if not to protect that de- the business of selling the United as well as telephone calls, from Sen- fenseless life? Yet we had an issue, and States of America, and then heard the ator DOLE and from Haley Barbor, who I speak principally to the issue of the tributes that were paid to all of them, is the chair of the Republican Party, to late-term partial birth abortion ban, as well as attending at Arlington ceme- say to me, as they have said to others, and the question of government’s tery. this issue is too big to look at party la- rightful role to step in at a period when As the bands were playing and the bels. It is too big to look at the color this baby, growing within the womb, is flags were unfurled and the cannons of American skins. It is American to be 41⁄2 months along, or on the eve of a were blasting, I could only think what able to say that we can make our coun- birth. Yet this procedure continues and a great country we live in and how try a greater place, create more jobs if will continue because a bill that was many things we just take for granted; only we cared enough to train our peo- sent to the White House was rejected. that here a young American who comes ple for these type of opportunities and Despite the safeguard stipulating that from one of the poorest communities to share our talents with so many there must be an absolute threat to the can, in such a short period of time, cap- other countries in the world. life of the mother, the President chose ture the love and gain the respect of f to veto this bill. The same president not only the President of the United who as Governor could have been at RIGHTFUL ROLE OF GOVERNMENT States but so many Americans from one point described as pro-life now TO DEFEND THE DEFENSELESS seashore to seashore, and, at the same sides with the radical left on this issue. time, to know that in so many foreign The SPEAKER pro tempore (Mr. Mr. Speaker, I ask again, what is the countries, some not as friendly as we LAHOOD). Under a previous order of the rightful role of government if not to wish that they would be, that they low- House, the gentleman from New York step forward at these most important ered their flags at half mast for this [Mr. FORBES] is recognized for 5 min- moments to defend the defenseless, to great American, Ron Brown. utes. step forward for our children? Is there I think that when we start thinking Mr. FORBES. Mr. Speaker, I appre- anything so precious in life, in society about loving America, we have to ciate the sentiments of my colleague as the birth of a child, as the potential think about what kind of person could from New York. growth of a new human life? And yet, love his country so much that he would Mr. Speaker, I take the well today to this partial birth abortion procedure, try to climb mountains that other peo- talk a little bit about an issue I think which some say is a rare occasion, well, ple would not even attempt, not only that is of great and paramount impor- I would say one occasion is too many. to show how great America was and tance to both sides of the aisle that There are, as I have been told, some what products we wanted to sell, and serve in this august body. For the last very infrequent times when the life of not how superior we were, but to actu- 15 months, we have watched as the the mother is so threatened that this ally talk with trade ministers and House of Representatives struggles procedure is performed. But I am also prime ministers and presidents in with public policy questions. What is told that the American Medical Asso- terms of the needs of their country. the rightful role of government? To ciation, its college of legislative people The poverty, the disease, the sickness, what extent do we fund these pro- and the 12 doctors therein, have said the hunger, the unemployment, the grams? What programs work? What that this is an unnecessary procedure. joblessness, and to be able to say to programs do not work? Mr. Speaker, as I yield the podium, I that country that America was there For 15 months, it has been a very would just ask that if the rightful role as a friend that wanted to help. healthy, although at times conten- of government is not to defend the de- This was a part of the world that we tious, debate. It gets at the very heart fenseless, to defend precious life, then never spent that much time in. This of what democracy is all about. Taking what is the role of government? was the part of the world that we had these issues to the American people, to f to develop markets in. This was the the floor of the House of Representa- THE TRADE DEFICIT part of the world that we had to in- tives and having a good give and take. crease their ability to have disposable We are trying to understand, as we are The SPEAKER pro tempore. Under a income so that as we had once done in on the threshold of a new millennium, previous order of the House, the gentle- Europe under the Marshall plan, that where to take America. What are our woman from Ohio [Ms. KAPTUR] is rec- we could regain the leadership that we priorities? And I would say, Mr. Speak- ognized for 5 minutes. have possessed since World War II. And er, that as we think about those prior- Ms. KAPTUR. Mr. Speaker, over the how they loved him, because it was not ities, we think about a government weekend, here in Washington there was just selling America, it was the inter- that most of us would like to be benev- a public relations blitz organized by est he had in them. olent, caring, there for those who can- the administration to tell us and the I saw at the funeral Ambassadors not help themselves. world how United States trade rela- that had flown in from Mexico, India, We need to think of the question that tions with Japan have improved. Na- South Africa. They spoke, they talked, gets at the heart of the highest, most tional Economic Council Chair Laura they loved, they cared. And I said what precious part of the human experience, Tyson went so far as to state we have a wonderful country it is that we have and I speak with reference to those mo- had a great record of success with the in the United States of America, people ments when a young woman and her Japanese in the area of trade with our that come from every country in the husband, a young man and wife, learn exports increasing by one-third since world. the terrific news that there is going to 1993, and we have seen the trade deficit be a birth of a child. Their excitement, come down, she said, for the first time b 1730 their love, their exhilaration is un- in 5 years, so we have a strong record Unlike other countries where you matched by almost anything else that of success. just look at the country and you can one could experience in life, and I do Well, you know, people can twist feel just the narrow culture interest not think there is an American, wheth- numbers in amazing ways. If the ad- that they have, there is no country in er they be described as pro-choice or ministration had such a strong record the world that we cannot reach and pro-life, that cannot appreciate that of success, why has the United States show that Americans come from all very important and most precious mo- trade deficit with Japan worsened dur- over. To see what investing in the edu- ment in the human experience. ing the Clinton watch and become even H3558 CONGRESSIONAL RECORD — HOUSE April 17, 1996 worse than during the Bush years when the amount of jobs we could create in rights of individuals and to forge an era of the United States trade deficit with this country, in shipping, in distribu- the new Democrat, an era that would avoid Japan reached all-time highs? Look at tion, in manufacturing, in parts, et the extremism of either side. I campaigned for that Bill Clinton and the facts. cetera? Compare the limited success of stood proudly in the cold in Washington at During the first 3 years of the Bush United States auto and auto parts your inauguration when you gave your mes- administration, the United States manufacturers to crack Japan’s mar- sage of hope for those who have no voice. But trade deficit with Japan reached over ket to the administration’s exagger- Wednesday, with your veto, you ignored the $133.5 billion. During the first 3 years ated claims. rights of the innocent little children and lit- of the Clinton administration, our Friends, let us stop the denial. You erally sentenced them, thousands probably trade deficit with Japan has soared to cannot look at these numbers and not before this madness is brought to an end, to their deaths. over $185 billion. That is $50 billion know that trade is going one way and Unlike the debate over abortion that has worse, according to my math, and a 39- not the other. We have scaled an ant been ongoing for decades, this procedure is percent increase. Wishing a problem hill in our efforts to open Japan’s mar- clearly the brutal taking of a human life. away certainly will not make it so, and ket. Now all that is left is the moun- The right-to-choose position of the Demo- Japan knows it. Our Nation gains noth- tain of red ink to scale. cratic Party has largely been driven by the belief that a fetus cannot survive outside the ing by denial. f Facts again: During the Bush years, mother’s womb. But in this case, medical MORE ON THE PRESIDENT’S VETO evidence is clear that these babies could sur- the 4 years, the total trade deficit with vive, but are destroyed in the most vicious Japan reached over $183 billion, an all- OF PARTIAL BIRTH ABORTION BAN BILL and inhumane way possible. Our society de- time record. President Clinton has mands that even dogs be destroyed in a more racked up that amount in just his first The SPEAKER pro tempore. Under a humane fashion. 3 years. In fact, during the Clinton previous order of the House, the gen- For what purpose, Mr. President, did you watch, the trade deficit with Japan has tleman from Minnesota [Mr. do this? To satisfy a minority of extremists whose votes you would have gotten anyway? rung in at all time record highs each GUTKNECHT] is recognized for 5 min- And please, consider again your rationaliza- year, $60 billion in the red in 1993, $65.7 utes. tion that you acted to ‘‘protect the safety of billion in the red in 1994, and $60 billion Mr. GUTKNECHT. Mr. Speaker, a the mother,’’ when the bill permitted an ex- in the red in 1995. We cannot project great Democrat who came from my ception if a doctor deemed the procedure was what the United States-Japan trade State, perhaps one of the most articu- necessary to save the mother’s life. You deficit will be this year, but all indica- late spokesmen for the Democratic know full well that the bill would not have tors are that the total for the 4 years of Party over the last 30 or 40 years, Hu- received the support of the Council on Legis- Clinton’s time will easily be over $230 bert Humphrey, once said that if you lation of the American Medical Society and 73 Democrats in the house if it did not. Mr. billion to the deficit side of the ledger. love your God, you must love his chil- President, with all due respect, there is no Let us take a look at the automotive dren. valid reason for your action, ethically or po- sector, which still accounts for over Mr. Speaker, I rise today to talk litically. And it is certainly inconsistent half of the deficit with Japan, more ex- about the tragedy of the partial birth with your positions that you have taken. ports coming over here, fewer of our abortion issue and what the President Your presence and comments in Oklahoma imports going into their market. has done with his veto. I rise to con- last week on the anniversary of the bombing Remember when President Bush jour- gratulate the National Conference of tragedy reflected your deep concern for those neyed to Japan late in his Presidency who perished, especially the children. Yet, Catholic Bishops because I think they you signed the death certificate on Wednes- and became ill at the official dinner have, in very strong words, expressed day for countless equally innocent children. held during the automotive trade rift? on behalf not only of Catholics but I Several weeks ago I saw you visibly shaken This is not a new problem. I personally think of millions of Americans that when speaking of the mass murder of the have been working on opening Japan’s have conscience of both political par- children in Scotland. You had a chance, with market to United States goods for over ties the outrage of this grisly proce- your vote, to prevent a much greater trag- a decade. I can tell Members Japan’s dure and the action of the President by edy. Mr. President, you chose instead to auto market largely remains closed. trade those future lives for votes that you vetoing it, keeping it legal here in the perceive are crucial to your reelection. They continue to believe we are not United States. In the past three years I have seen you really serious. This is not a Republican issue. It is time and time again speak out to the thou- United States auto manufacturers not a Democrat issue. It certainly is sands, maybe millions, of young Americans still have less than 1 measly percent of not just a Catholic issue. I think it is who have been lost to the streets in a life of Japan’s auto market, yet Japan holds an issue about our basic humanity and murder, destruction and mayhem, of drugs and disease. upwards of one-third of our market. how we treat the most vulnerable Think about this. With our low inter- among us. Mr. Speaker, I would like to put the full text of this letter in the RECORD. est rates, the value of our dollar I would like to read for the RECORD a The letter referred to is as follows: against the yen has fallen 40 percent letter from a gentleman in Texas. For since 1990, which means that our prod- those who may be watching, I would be EL PASO, TX, ucts are 40 percent cheaper in Japan. happy to make available to them a April 12, 1996. Yet we gained only one-third of 1 per- Hon. BILL CLINTON, copy of this letter as well as a letter President of the United States, Washington, DC. cent additional market penetration in from the National Conference of Catho- DEAR PRESIDENT CLINTON: Wednesday Japan in 1995. lic Bishops, because they are both ex- evening when I learned that you had vetoed While we were able to sell about tremely powerful letters. I think all the partial-birth abortion bill, I felt stunned 58,000 cars there last year, Japan has Americans should have an opportunity and angry. But mostly, I felt betrayed. sold over 100 times that amount in our to read them. Betrayal is a strong word. However, Presi- country over the last decade. When I dent Clinton, this is the anguish that I and b ask my local auto people, how are you 1745 many Democrats across the nation feel now. As a dedicated Democrat, I believed Bill doing, they smile and they look down. I want to read this for the record, Mr. Clinton during the primary campaign in In a recent survey of United States Speaker: Texas in 1992, and in the general election as auto parts suppliers to Japanese cus- Hon. BILL CLINTON. our nominee when you vowed to protect the tomers, two-thirds of our suppliers say DEAR MR. PRESIDENT: On Wednesday rights of individuals and to forge an era of they are working hard to crack Japan’s evening, when I learned that you had vetoed the New Democrat. An era that would avoid market with roughly half of those re- the partial birth abortion bill, I felt stunned extremism of either side. I campaigned for sponding saying they are currently and angry, but mostly I felt betrayed. Be- that Bill Clinton and stood proudly in the achieving either limited success, spo- trayal is a strong word. However, President cold in Washington at your inauguration Clinton, this is the anguish that I and many when you gave your message of hope for radic success or no success at all in Democrats across the nation feel now. those who had no voice. But Wednesday, with really opening that market. As a dedicated Democrat, I believed Bill your veto, you ignored the rights of innocent Can you imagine, in the second larg- Clinton during the primary campaign in little children and literally sentenced them est marketplace in the world, if we Texas in 1992 and in the general election as (thousands probably before this madness is could get trade reciprocity with Japan, our nominee when you vowed to protect the brought to an end) to their deaths. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3559 Unlike the debate over abortion that has [Mr. ENGLISH of Pennsylvania ad- ing that this was important to the life been ongoing for decades, this procedure is dressed the House. His remarks will ap- of the mother. And somebody got up clearly the brutal taking of a human life. pear hereafter in the Extensions of Re- who served in this House honorably for The right-to-choose position of the Demo- cratic Party has largely been driven by the marks.] 8 years, Senator BOB SMITH, and said, belief that a fetus cannot survive outside the f wait a minute, if it is for the life of the mother’s womb. But in this case, medical The SPEAKER pro tempore. Under a mother, why is the abortionist holding evidence is clear that these babies could sur- previous order of the House, the gen- the baby in the birth canal? Why is he vive—but are destroyed in the most vicious tleman from Missouri [Mr. TALENT] is interrupting the birth process? This is and inhumane way possible. Our society de- recognized for 5 minutes. conversely to what you are saying, en- mands that even dogs be destroyed in a more dangering the mother’s life. It is truly humane fashion. [Mr. TALENT addressed the House. For what purpose, Mr. President, did you infanticide. His remarks will appear hereafter in And I think that to let people know do this? To satisfy a minority of extremists the Extensions of Remarks.] whose votes you would have gotten anyway? how unprecedented it is, as it says in a And please, consider again your rationaliza- f front-page story in the Washington tion that you acted to ‘‘protect the safety of The SPEAKER pro tempore. Under a Times, and I have not looked at the the mother’’, when the bill permitted an ex- previous order of the House, the gentle- Post today and the New York Times to ception if a doctor deemed the procedure woman from Florida [Ms. ROS- see whether they buried it, but it is a necessary to save a mother’s life. You know LEHTINEN] is recognized for 5 minutes. front-page story about all eight U.S. full well the bill would not have received the support of the Council on Legislation of the [Ms. ROS-LEHTINEN addressed the Catholic cardinals hitting Clinton on American Medical Society and 73 Democrats House. Her remarks will appear here- abortion, and I am going to yield to the in the House if it did not. Mr. President, after in the Extensions of Remarks.] gentleman from California [Mr. HUN- with all due respect, there is no valid reason f TER] and then read as much as I can of for your action, ethically or politically. And, The SPEAKER pro tempore. Under a the bishop’s letter and submit the rest, it is certainly inconsistent with other posi- ask unanimous consent to submit the tions you have taken. previous order of the House, the gentle- rest, for the RECORD, and I will return Your presence and comments in Oklahoma woman from Maryland [Mrs. MORELLA] last week on the anniversary of the bombing is recognized for 5 minutes. to the floor, as I am sure the gen- tragedy reflected your deep concern for those tleman from Minnesota [Mr. who perished, especially the children. Yet, [Mrs. MORELLA addressed the GUTKNECHT] will and the gentleman you signed the death certificate on Wednes- House. Her remarks will appear here- from California [Mr. HUNTER] will day for countless, equally innocent children. after in the Extensions of Remarks.] many times on this. Several weeks ago I saw you visibly shaken f This has got to rip apart when speaking of the mass murder of chil- Stephanopoulos’ so-called Catholic dren in Scotland. You had a chance, with PARTIAL-BIRTH ABORTIONS your vote, to prevent a much greater trag- plan to win the election in 202 days. The SPEAKER pro tempore. Under a Mr. HUNTER. I do not want to take edy. Mr. President, you chose instead to previous order of the House, the gen- trade those future lives for votes that you much time from my friend. perceived are crucial for your re-election. tleman from California [Mr. DORNAN] is Mr. DORNAN. You are not taking it In the past three years I have seen you recognized for 5 minutes. from me, but from eight cardinals; go time and time again speak out to the thou- Mr. DORNAN. Mr. Speaker, I noticed ahead, though. sands, maybe millions of young Americans how many of my fellow colleagues here Mr. HUNTER. In that case, I feel bet- who have been lost to the streets in a life of this afternoon had been speaking about ter. murder, destruction and mayhem, of drugs the outrageous and repugnant veto of But let me just thank him, thank and disease. You have pleaded with them to the legislation overwhelmingly passed have respect for human life. But with this BOB DORNAN, for all the great work veto, you did the opposite. And we, as party in both Houses of the U.S. Congress re- that he has done on behalf of unborn officials, have been put in the untenable po- garding partial-birth execution-style children and the fact that you are car- sition of having to live with that decision. abortion. rying this fight, as you have carried it Mr. President, I cannot and will not sup- During the debate I tried to get pro- for many, many years on the House port this action. Therefore, I cannot in good life Members on both sides of the aisle floor, and I agree with you that the conscience support your candidacy. in the oldest party of America, the As I contempleted this matter over these President has gone too far, that he past days, I was reminded of the words of the great Democratic Party, and the grand stepped too far even for people who are late President Kennedy when he said, old party over here, I tried to get them able to look the other way on this issue ‘‘Sometimes party loyalty asks too much.’’ all to use this expression execution- in his party, and I hope that it is going Thus, it is with regret and sorrow that on style because the attack to the child, to pull people off of this bandwagon this date, I have submitted my resignation and it is a child that is almost always that the President is putting together as a member of the Texas State Democratic viable, can survive outside the womb for his 1996 presidential campaign. Executive Committee and Chair of the Mexi- even if it is what we called disabled, Mr. DORNAN. Well, you know our can-American Caucus. I have informed our that the attack is similar to the Cosa colleague, Mr. SMITH from New Jersey, State Chairman, Bill White. While I do not intend to actively support of vote for any Nostra, or organized crime, attack, has been here. He is a classmate of Republican or Independent candidate. I will sometimes with a .22 pistol, to keep yours, for 16 years almost, but he has be asking other Democrats to consider with- down the sound to the base of the this angelic face. I almost said he holding their support of your candidacy skull. This is a common assault, looked like an acolyte, and, therefore, while continuing to support Democrats for whether it was with sword, ax, or dur- he can stand where you are at this other offices. ing the Chinese revolution, Stalin’s mike or down in the well and say Very truly yours, purges, or Hitler’s henchmen. tougher things than most of us can say. JOSE R. KENNARD, For example, at the trench at Babyar He has been calling Clinton for 31⁄2 State Committeeman, District 29. in the Ukraine, or many of the labor years the abortion President. Nobody f camps with sick people, Japanese war- has ever jumped up and taken down his The SPEAKER pro tempore. Under a lords directed soldiers executing our words, and I have refrained from doing previous order of the House, the gen- men and our Filipino allies on the Ba- that until this moment. But this tleman from Florida [Mr. MICA] is rec- taan death march 54 years ago. shows, beyond all shadow of doubt, ognized for 5 minutes. This execution to the base of the that Mr. Clinton is not a new Demo- [Mr. MICA addressed the House. His skull, it was used in the Balkans all crat, he is not a moderate Democrat, remarks will appear hereafter in the this last 4-year period of horrible eth- he is not even a run-of-the-mill liberal Extensions of Remarks.] nic cleansing and human rights viola- like many of our honorable friends on f tions, a bullet or a knife to the base of the other side of the aisle who are The SPEAKER pro tempore. Under a the skull. proud of their liberal philosophy, be- previous order of the House, the gen- And here in debate in one of these lieve in a larger Federal Government tleman from Pennsylvania [Mr. ENG- two houses was a woman, no less, an than we do, basically to help the poor, LISH] is recognized for 5 minutes. elected woman, talking about defend- to help children. H3560 CONGRESSIONAL RECORD — HOUSE April 17, 1996 We have hurt children more on this delivery. As a matter of fact, a partial-birth a government that will not pay the House floor in the last 2 years than I abortion presents a health risk to the money that has to be paid to make ever dreamed it here in the House, and woman. Dr. Warren Hern, who wrote the that aircraft as safe as it can possibly I do not question their good will, but I most widely used textbook on how to per- be made. form abortions, has said of partial-birth noticed that most of them who are sin- abortions: ‘‘I would dispute any statement The testimony from the U.S. Marine cere liberals of principle, classic lib- that this is the safest procedure to use.’’ Corps yesterday was that Harriers are erals, are also against this partial Mr. President, all abortions are lethal for tough aircraft to fly. Almost one-third birth. unborn children, and many are unsafe for of the entire Harrier air inventory, air- So I will put in the cardinal’s letter, their mothers. This is even more evident in craft inventory, has crashed since its Mr. Speaker, and then read it slowly the late-term, partial-birth abortion, in inception, and we have had three tragic tomorrow from today’s RECORD. which children are killed cruelly, their crashes this year of these Harrier mothers placed at risk, and the society that Jumpjets. The Marine Corps told us NATIONAL CONFERENCE OF CATHOLIC condones it brutalized in the process. BISHOPS, OFFICE OF THE PRESI- As Catholic bishops and as citizens of the yesterday that we could make that DENT, United States, we strenuously oppose and plane 50 percent more safe than it is Washington, DC, April 16, 1996. condemn your veto of H.R. 1833 which will right now, and we do that by remanu- President WILLIAM CLINTON, allow partial-birth abortions to continue. facturing the aircraft and adding safe- The White House, In the coming weeks and months, each of ty features. They told us that the Clin- Washington, DC. us, as well as our bishops’ conference, will do DEAR PRESIDENT CLINTON: It is with deep ton administration has decided not to all we can to educate people about partial- make 24 of those aircraft as safe as sorrow and dismay that we respond to your birth abortions. We will inform them that April 10 veto of the Partial-Birth Abortion partial-birth abortions will continue because they can be, and when we asked why, Ban Act. you chose to veto H.R. 1833. we were told because of budgetary con- Your veto of this bill is beyond comprehen- We will also urge Catholics and other peo- straints. sion for those who hold human life sacred. It ple of good will—including the 65% of self-de- So, Mr. Speaker, for the first time, will ensure the continued use of the most scribed ‘‘pro-choice’’ voters who oppose par- we are seeing the Clinton defense budg- heinous act to kill a tiny infant just seconds tial-birth abortions—to do all that they can et come apart at the seams. We are see- from taking his or her first breath outside to urge Congress to override this shameful ing a defense budget which is costing the womb. veto. At the veto ceremony you told the Amer- Mr. President, your action on this matter us; it has been cut so drastically. by 72 ican people that you ‘‘had no choice but to takes our nation to a critical turning point percent in the area of modernization, veto the bill.’’ Mr. President, you and you in its treatment of helpless human beings in- that we are not able to make these air- alone had the choice of whether or not to side and outside the womb. It moves our na- craft, these Harrier aircraft, as safe as allow children, almost completely born, to tion one step further toward acceptance of they can be for Marine pilots. be killed brutally in partial-birth abortions. infanticide. Combined with the two recent Well, Mr. Speaker, the Republicans Members of both Houses of Congress made federal appeals court decisions seeking to le- are coming to their rescue. I have their choice. They said No to partial-birth gitimize assisted suicide, it sounds the alarm talked with the chairman of the full abortions. American women voters have that public officials are moving our society committee, our good friend, FLOYD made their choice. According to a February ever more rapidly to embrace a culture of 1996 poll by Fairbank, Maslin, Aaullin & As- death. SPENCE, and he concurs that we will fix sociates, 78 percent of women voters said No Writing this response to you in unison is, all 24 of those aircraft that right now to partial-birth abortions. Your choice was on our part, virtually unprecedented. It will, the Clinton administration does not to say Yes and to allow this killing more we hope, underscore our resolve to be plan to upgrade with safety upgrades akin to infanticide than abortion to con- unremitting and unambiguous in our defense so that the pilots will be more secure tinue. of human life. than they are flying the aircraft right During the veto ceremony you said you Sincerely yours, had asked Congress to change H.R. 1833 to now. 1 Cardinal Joseph Bernardin, Archbishop So I want to announce, as the chair- allow partial-birth abortions to be done for of Chicago; Cardinal James Hickey, ‘‘serious adverse health consequences’’ to the Archbishop of Washington; Cardinal man of the procurement subcommittee, mother. You added that if Congress had in- Bernard Law, Archbishop of Boston; that the Republican markup will re- cluded that exception, ‘‘everyone in the Cardinal Adam Maida, Archbishop of flect upgrades, it will cost about $26 world will know what we’re talking about. Detroit; Cardinal Anthony Bevilacqua, million per plane for all 24 of the Har- On the contrary, Mr. President, not every- Archbishop of Philadelphia; Cardinal rier aircraft that the Clinton adminis- one in the world would know that ‘‘health,’’ William Keeler, Archbishop of Balti- tration has decided, in their infinite as the courts define it in the context of abor- more; Cardinal Roger Mahony, Arch- tion, means virtually anything that has to wisdom, not to fund. bishop of Los Angeles; Cardinal John Additionally, on the F–14, and an F– do with a woman’s overall ‘‘well being.’’ For O’Connor, Archbishop of New York; example, most people have no idea that if a Most Rev. Anthony Pilla, President, 14 crashed today, the Republicans are woman has an abortion because she is not National Conference of Catholic Bish- going to be adding about $83 million for married, the law considers that an abortion ops. several items that will make that air- for a ‘‘health’’ reason. f craft safer. We are going to come up Similarly, if a woman is ‘‘too young’’ or with a digital flight control system; we ‘‘too old,’’ if she is emotionally upset by MILITARY AIRCRAFT SAFETY are going to install that. We are also pregnancy, or if pregnancy interferes with The SPEAKER pro tempore. Under a schooling or career, the law considers those going to come up with a system that situations as ‘‘health’’ reasons for abortion. previous order of the House, the gen- indicates when the engine is getting In other words, as you know and we know, an tleman from California [Mr. HUNTER] is overloaded and will advise people in exception for ‘‘health’’ means abortion on recognized for 5 minutes. the cockpit that they have to take ac- demand. Mr. HUNTER. Mr. Speaker, yester- tion fairly quickly. Those are two safe- You say there is a difference between a day I convened a panel of the procure- ty upgrades that we will be funding in ‘‘health’’ exception and an exception for ‘‘se- ment subcommittee of the Committee the procurement subcommittee for the rious adverse health consequences.’’ Mr. on National Security to investigate the F–14. President, what is the difference—legally— series of tragic mishaps with respect to So, Mr. Speaker, the Republicans are between a woman’s being too young and being ‘‘seriously’’ too young? What is the dif- F–14 crashed and Aviate B Harrier Ma- riding to the rescue in national de- ference—legally—between being emotionally rine Corps fighter aircraft crashes that fense, and Mr. Perry, Secretary Perry, upset and being ‘‘seriously’’ emotionally have occurred since the beginning of has come down to the House Armed upset? From your study of this issue, Mr. the year, and, Mr. Speaker, it is very Services Committee and told us that President, you must know that most partial- clear to us and to my friend, Mr. DOR- everything is fine with defense. These birth abortions are done for reasons that are NAN. who has quite a bit of time in an massive cuts that the Clinton adminis- purely elective. Air Force cockpit, and my good friend, tration has been making according to It was instructive that the veto ceremony Mr. CUNNINGHAM, my seatmate from included no physician able to explain how a Dr. Perry have not harmed national de- woman’s physical health is protected by al- San Diego, that it is dangerous to be a fense at all. most fully delivering her living child, and pilot in the U.S. Air Force, the U.S. Well, Mr. Speaker, the Clinton de- then killing that child in the most inhumane Navy, the U.S. Marine Corps; it is more fense budget is coming apart at the manner imaginable before completing the dangerous to be a pilot when you have seams, and these recent crashes and - April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3561 the lack of initiative on the part of the offices in Central Florida has prompted me paired and who read Braille, they can Clinton administration to make these to ask why the House of Representatives find their way around this maze. planes as safe as they can be is only should not comply with a simple and nec- So Republicans said they would make the tip of the iceberg, but the Repub- essary provision of the Americans with Dis- changes, and they are making changes. ability Act with regard to use of braille for licans are going to fix these aircraft. blind and visually impaired people. I know this is not changing the world We are going to be making these Har- After laborious efforts to get local district as we know it; it is not changing every- riers as safe as they can possibly be, office signs approved by the committee on thing, our freshman program, but it is and we will be funding upgrades to the House Administration, the sign company in- a beginning. F–14’s to make them as safe as they formed me that ADA regulations also re- There are some other things that can be. quired that the suite numbers be in braille. people probably do not know about I am happy to yield to my friend. After inquiring with committee staff as to what we have done with the Congress Mr. DORNAN. I flew the Harrier for why this was not addressed in the Congres- and the congressional budget. I want to the fourth time last August 8. Out- sional Handbook, I was informed that the House was exempt from the regulation. I did, take a minute to thank, first of all, the standing pilots down at Cherry Point however, request the addition of braille to gentleman from California, BILL THOM- and also at Yuma. It is a unique air- my signs. AS, who is chairman of the Committee craft. It has stolen the show at every It was ironic in that the same week this on House Oversight, for his actions and air show for over 21⁄2 decades. But it is happened, representatives for the blind and leadership on this issue and other is- a difficult airplane to fly. And I will visually impaired around the country were sues. join in this fight, and I can guarantee visiting their Members of Congress and no Mr. Speaker, the Republicans said you we will prevail. Member suites in the House Office Buildings they would cut the cost of operating I did not know an F–14 crashed today. are equipped with braille signs. I would like to request that House rules this Congress, the legislative branch, Where did that happen? add braille directional signs located in the and they did. We cut a quarter of a bil- Mr. HUNTER. That happened on the interior of local district offices and in the lion, $250 million, out of our budget. East Coast, I think at Oceana. House offices buildings. I urge that consider- That is done. Mr. DORNAN. Right. Well, we will do ation be given to this much needed service to Republicans said they would cut con- the best we can. our visually impaired citizens. gressional staff, and we reduced the Mr. HUNTER. That was an F–14B Sincerely, staff on the Hill somewhere in the model crashed today. JOHN L. MICA, neighborhood of 2,000 positions. I Mr. DORNAN. Right. If we were in Is- Member of Congress. chaired the Civil Service Subcommit- rael, there would be no question that Rather than reading the whole letter tee, which was three subcommittees their first line of defense would get that I wrote to the chairman of the before. It had 54 staffers. We operate it what they needed to be safe. Committee on House Oversight, I will with 7. We said we were going to make f summarize it. I told him our experi- changes. We did make those changes. b 1800 ence, that here we are, a Congress tell- Republicans said they would privatize ing people to comply with the laws, capital operations, and we did. ADVANCES BROUGHT ABOUT BY and I just had these folks with visual f REPUBLICANS infirmities and disabilities in the hall- The SPEAKER pro tempore (Mr. ways, trying to find their way around EARTH DAY METCALF). Under a previous order of the Capitol. Why could we not at least The SPEAKER pro tempore. Under the House, the gentleman from Florida give them the courtesy of labeling our the Speaker’s announced policy of May [Mr. MICA] is recognized for 5 minutes. offices in compliance with ADA? I 12, 1995, the gentleman from New Jer- Mr. MICA. Mr. Speaker, when I came never got a reply. I brought it up sey [Mr. PALLONE] is recognized for 60 to Congress 3 years ago, I was really again, and I asked and begged. minutes as the designee of the minor- appalled, like many other Americans, The American people made some ity leader. to find out that Congress really did not changes here then. On the first day of Mr. PALLONE. Mr. Speaker, my pur- have to live under the laws that they the 104th Congress we passed, remem- pose tonight is to talk about Earth Day imposed on everyone else. ber, the Congressional Accountability and the lessons of Earth Day and what I remember, when I ordered signs for Act. That said that every Member of it means for us now in 1996. I think my district office, I attempted to com- Congress and Congress must comply many of our constituents know that ply with the Americans with Disabil- with the laws they impose on everyone Earth Day is 26 years old now. It will ities Act. Then I came back to Wash- else. Most people do not know that take place this year on April 22, and ington and was shocked to find out that is now the law. Sometimes around the first Earth Day was in April 1970. that in Washington, they did not com- here there are great battles and little The reason we are concerned and the ply with the ADA Act, and they did not victories. reason that several Democrats are here comply with the rest of the rules and I am here tonight to tell you about tonight to talk about Earth Day is be- regulations. one little victory. Here is the little vic- cause we are very concerned that this It was ironic, shortly thereafter, that tory. Going up around the Capitol Congress, under the Republican leader- I had visiting constituents from my Building and in my office, and I am so ship of the gentleman from Georgia, district and around the country who proud of this little improvement, little NEWT GINGRICH, has essentially tried to were visually impaired. I really was victory, are these signs. They are roll back the bipartisan effort that has embarrassed to see those folks try to placed in compliance with ADA. If you been made in the House of Representa- find their way around this place, this are visually impaired, you can even tives, in the Senate, by Presidents of maze, without any proper, even com- find out whose office you are in. This is both parties over the last 25 years to mon courtesy identification for those a small success, but we said when we try to improve our laws and our en- with a disability. took control of this Congress we were forcement with regard to environ- I wrote on February 26, 1993, to the going to make some changes. We were mental protection. Democrat committee chairman who going to make Congress obey these In the last 14 or 15 months or so that was in charge of the House oversight at laws. This is one little victory that I we have been here in this Congress, we that time. Mr. Speaker, I include that am so proud of. have seen day after day, week after letter for the RECORD. Not only did we do that, but how week, efforts by Speaker GINGRICH and The letter referred to is as follows: thrilled I was today to also find an- the Republican leadership to weaken CONGRESS OF THE UNITED STATES, other sign which was going up. Heaven the laws that have been on the books, HOUSE OF REPRESENTATIVES, forbid we should have maps that should and to provide less funding for enforce- Washington, DC, February 26, 1993. help those visually impaired to find ment and investigation against pollut- Hon. CHARLIE ROSE, Chairman, Committee on House Administration, their way around the maze of the Cap- ers who are violating those laws. The Capitol, Washington, DC. itol Building, but we have these, and Before I go on, though, I will yield to DEAR REPRESENTATIVE ROSE: My recent ex- actually your can put your hands the gentlewoman from Florida [Mrs. perience in ordering signage for my district across these, and those visually im- MEEK] who would also like to address H3562 CONGRESSIONAL RECORD — HOUSE April 17, 1996 this issue. I am very pleased she is here have air filters, water filters, or vaca- to be the dumping ground for the coun- tonight, because I know how important tion homes to escape from these envi- try. My home State of Florida has Earth Day is to her, and how important ronmental hazards. They do not have shown leadership in environmental jus- environmental protection is to her. lobbyists or money to donate to influ- tice by establishing a commission to Mrs. MEEK of Florida. Mr. Speaker, I ential committee members to slant collect information and address this thank my colleague, the gentleman legislation in their favor. But we need issue head on. In this Congress, how- from New Jersey [Mr. PALLONE]. to open our ears here in the Congress ever, we are regressing, as I see it, Mr. Speaker, in recognition of Earth and listen to these people as we con- moving backward, as we are in so many Day, I rise to talk about some of the sider environmental laws in Congress. environmental areas. We would be even successes and failures since the first Polluted sites in poor urban areas further behind if it were not for the Earth Day in 1970. I have a vivid recol- often stand for years as health and en- strong support of the President for en- lection of Earth Day and what it has vironmental hazards. I know this be- vironmental justice and for improving done for all populations. cause of the district I serve. They are the environment As a result of the increased aware- eyesores, they are a breeding ground For example, his executive order on ness of environmental problems that for crime, and places where develop- environmental justice will address that was a direct result of Earth Day, the ment of industry and jobs should be re- problem. This year, as we celebrate landmark legislation to create the En- vitalizing the community, but these Earth Day, let us remember that envi- vironmental Protection Agency passed environmental hazards are there pre- ronmental protection decisions should the United States Senate in 1970 with- venting this. not be based on race, ethnicity, creed, out a single dissenting vote, ushering At the same time, new businesses are or on wealth. Let us recommit our- in a new era of America’s stewardship developing areas far from the cities selves to an effective and fair environ- of our air, our water, and our land. and the city labor pool, destroying mental policy so that the tide of envi- Mr. Speaker, we have made great vegetation and wildlife, and duplicat- ronmental quality will rise and lift all strides over the years in cleaning up ing investments in infrastructure that boats. We do pay attention to that as our air and our water. My home State have already been made in these urban Earth Day descends upon us. I thank of Florida has been a national leader in and poor areas. This makes no sense, the gentleman very much. protecting these precious resources. no environmental sense and no com- Mr. PALLONE. Mr. Speaker, if the But there are those who have been left mon sense, Mr. Speaker. gentlewoman will just let me comment out in the rising tide of environmental Dangerous waste sites must be briefly on some of the themes she men- quality, which has not lifted all of the cleaned up. I have introduced, last tioned, because I think they were very boats. year, a bill, H.R. 1381, the Comprehen- important, first of all it is interesting, Mr. Speaker, since that original sive Economic and Environmental Re- coming from the State of New Jersey, Earth Day, we have learned that racial covery Act of 1995, that would help which of course is a very densely popu- minorities and low-income people expe- achieve this goal. My bill and a lot of lated State, New Jerseyans tend to rience high-than-average exposures to others would provide low-interest loans think of Florida as having more open selected air pollutants, hazardous to stimulate voluntary cleanup of con- space, more pristine area. It is not al- waste facilities, and to contaminated taminated areas in targeted urban ways the case, but that is the general fish and agricultural pesticides in the areas, and ensure that local people are impression. workplace. hired to do the work. My bill also in- The fact that you are here talking In 1992, a National Law Journal In- cludes provisions for a training pro- about some of the urban areas and eye- vestigation found that penalties gram so that local people can learn the sores, I do not even tend to think that against pollution law violators in mi- skills necessary for environmental re- is true in the State of Florida, but ob- nority areas were lower than those im- mediation. viously it is, and it goes to point out to posed for a violation in largely Mr. Speaker, I am not the only one me how universal the concerns are nonminority area. They also found the who has sponsored such legislation, but about the environment. government took longer to address this Congress needs to pay that more The other thing I wanted to mention these hazards in the communities. In attention. The gentleman from Michi- is that I think it is so crucial to stress additional, they found that the racial gan, Mr. DINGELL, one of our col- the need to have Federal programs to imbalance occurred whether the com- leagues, in his Superfund Reform Act help with the cost of cleanup. The gen- munity was wealthy poor. of 1995 had provisions that would ad- tlewoman mentioned specifically, I Discrimination against racial or eth- dress this environmental justice. Un- think she was making reference to the nic groups and against the poor in en- fortunately, Mr. Speaker, these sec- Superfund program or something like vironmental efforts cannot be con- tions were not included in the Repub- that. doned. The effort to fight this discrimi- lican bill, thereby setting back the One of the biggest criticisms that I nation is known as the environmental cause of environmental justice. had of the Republican leadership is justice movement. It is becoming a One provision of the Dingell bill when the Superfund bill came up for re- very strong movement. would have required that the EPA authorization before our Committee on Many of my colleagues know, as study priority-setting, response ac- Commerce, we had Republicans who most of the country knows, that the tions, and public participation at waste were making statements to the effect current Republican leadership has as- sites to determine whether EPA’s con- that ‘‘We do not really need the saulted the environment to serve spe- duct was fair and equitable to the pop- Superfund anymore, because that can cial interests at the expense of the ulation, to the race, to the ethnicity be dealt with by the States and the lo- land, the water, the air, and the health and income characteristics of affected calities. They can deal with those haz- of the people of the United States. communities. ardous waste sites, they can come up Through budget cuts and legislative Why are Republicans unwilling to with better ways of funding and provid- riders, the Republicans have targeted even allow a study of this issue? What ing cleanup of hazardous waste sites on not only the environment, but also the are they afraid of finding out? Another the State or local level.’’ minority groups and the poor. Not only provision in the Dingell bill similar to I know that is simply not true. New is their so-called environmental agenda my provision would authorize a dem- Jersey, which has probably done more good for polluters, it is bad for the en- onstration program for recruitment than any other State to clean up sites vironment, and it is worse for poor peo- and training of local people in remedi- that are not on the Superfund list, ple in poor communities. ation activities and encourage the hir- nonetheless continues to have prob- Mr. Speaker, we need clean air and ing of disadvantaged persons from the lems in terms of coming up with the fi- clean water, just as any other person affected community who have been nancing, and particularly when we are needs it, as much as the people from trained in remediation skills. dealing with urban areas where the other communities. The poor just as Again, this provision was not in- property tax base is not there; for them much as the rich need dangerous waste cluded in the Republican bill. Poor and to find the money to do that kind of sites cleaned up. Poor people do not minority communities do not deserve cleanup is just not going to happen, April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3563 which is why we need a Superfund pro- leadership, under the disguise of what But if we cut the budget as the Repub- gram. they call deficit reduction and bal- lican leadership is suggesting, we will I also appreciate the fact that the ancing the budget, in fact put environ- not be able to enforce those wonderful gentlewoman brought up this whole mental laws on a starvation diet. laws that have protected our environ- issue of environmental justice and that What happened was, rather than hav- ment and our people. movement, because too often I think ing a debate about environmental laws, So I think that we really have to people associate the environmental whether they were important, whether focus on these cuts. These cuts in the movement with rich people or the we wanted them, whether we could af- budget are, in my view, extreme and elite, and you point out very well that ford them, what happened instead was unwise and they are underhanded. If we that is simply not the case, that people that there was a slashing of the funds are going to say that everyone agrees who live in urban areas, poor areas, for the enforcement of environmental that we must protect the environment, have just as much, if not maybe more, laws, and we all know in every commu- we must be green all the way through. to be concerned about when it comes to nity that you cannot enforce laws if We cannot be green on Earth Day, put environmental cleanup. you do not have the money there to do on a little green hat, put on a little The last theme, if I could mention it, that. green tie, a little green suit and say, the whole idea with regard to jobs and For example, I do not know if people look, we are pro the environment. the environment; your point that when around the country know that the En- What we really have to do is say we we clean up sites, when we deal with vironmental Protection Agency’s budg- are pro the environment when it comes environmental protection, we are cre- et was cut by 21 percent and their law to making those hard decisions on the ating jobs, that is so true. One of the enforcement account was cut by even budget. We cannot go behind closed biggest criticisms I have of the Repub- more, by 25 percent. What does this doors where the American people are lican leadership is that they constantly mean? not there and cut these budgets and try to juxtapose the environment ver- It means that the people who we hire ravage these environmental laws. sus jobs; that somehow they are mutu- to protect the environment have not So I challenge the leadership to put ally exclusive, and to the extent we had the opportunity nor the budget to their money where their mouth is on Earth Day and start funding these en- clean up the environment, we displace go out and even inspect the facilities vironmental laws again, because then people. That is simply not true. they are supposed to inspect. That means the American people’s health is we will indeed be a clean environment b 1815 put at risk, and yet they are perhaps and we will give the American people The fact of the matter is that envi- not aware that these things are going what poll after poll shows they want. ronmental protection and the progress on because they have not seen the law They want these laws to be in place. I am very glad you are doing an we have made over the last 26 years actually taken down, so I ask that the Earth Day event, but I do think we since Earth Day in 1970 has really actu- American people look very carefully at need to say it goes further than 1 day. ally created more jobs and created a these budget decisions. It goes throughout the year, and we better economy and allowed for more I was pleased that the gentleman need to be honest with the American job creation. I appreciate the gentle- mentioned this whole issue of jobs and woman’s coming here tonight and ex- people. the environment. I have a report here I thank the gentleman from New Jer- pressing her views. that was put together by a whole group Mr. Speaker, I yield such time as she sey [Mr. PALLONE]. of very well known economists, and it Mr. PALLONE. I appreciate what the may consume to the gentlewoman from is called ‘‘Economic Well-Being and gentlewoman from Oregon [Ms. FURSE] Oregon [Ms. FURSE]. Environmental Protection in the Pa- said. The gentlewoman again points Ms. FURSE. I thank the gentleman cific Northwest.’’ out some very important themes, I from New Jersey [Mr. PALLONE]. I What these economists show—and think, that we need to stress for Earth guess I am here to warn the American they are not Republicans or Demo- Day. people about what I call 1-day crats, they are economists—what they First of all, there has been tremen- environmentalism. Interest in Earth show is that there is a direct link be- dous progress. You talk about clean Day really has to be continued and tween a clean environment and a water. My district is totally on the kept in people’s minds throughout the healthy economy, that those two water, either on the Atlantic Ocean or year. It is a yearlong problem to keep things go completely together. Of the Raritan Bay or the Raritan River. protecting the environment and we course we have seen that particularly In the late 1980’s, 1988, 1989, when I need to do that. in the Northwest. was first elected and came down here, I would be the first, Mr. PALLONE, to The Northwest, the population is we had beach closings. Some of the say that the environment is not a par- growing rapidly, and one of the reasons beaches were closed the entire summer tisan issue. Americans, regardless of over and over and over again given by because of the wash-ups that were com- their political persuasion, want and people who move into the Northwest is ing from New York and north Jersey. need clean air to breathe and clear they come there because of our wonder- Now that is totally changed. In the last water to drink. They are concerned ful environment and the fact that we few years the water has been relatively about it. are on the cutting edge of environ- pristine. There are many Republican Members mental protection laws. So people are A lot of it has just been because of in this body who are strong environ- moving to that. Federal grants and loans to the local mental leaders, but the Republican I find that some of the Republican municipalities, to the counties, to up- leadership of the Congress has not been leadership have forgotten why we have grade their sewage treatment plants. friendly to the environment. I think Earth Day, why we have these laws. I Money is a very important factor here. that that is the point that we need to remember when the Cuyahoga River I think a lot of people deemphasize stress, that it is the way we do things caught fire. Can you imagine a great, money, but when you talk about clean beyond the bills that are introduced. powerful river so polluted that it water action money means a lot, be- We have to look at what happens be- caught fire? It was the stimulus for the cause money means you can build the hind the closed doors or in the econ- Clean Water Act. treatment plants, that you can do the omy, in the budget deliberations. In my own State, we have a great enforcement, go out and catch the pol- I think that the Republican leader- river called the Willamette River that luters, you can do the investigations. ship learned very quickly that the flows through the biggest city in Or- When the Republican leadership American people did not want a frontal egon. Just a few years ago that river starts to cut back as they have on attack on the environmental laws, be- was unsafe to swim in, our children these grants, we are getting less loans cause the American people believe that couldn’t use it, there were no salmon now for clean water because of cut- the environment needs to be protected in that river. backs with these stopgap spending and they also feel confident that we Thanks to the Clean Water Act, that measures. We have less environmental have passed a lot of laws that have pro- has been reversed. We now have a clean cops on the beat, so to speak, less in- tected the environment. So instead the river, we have salmon in that river. vestigation being done, and the direct H3564 CONGRESSIONAL RECORD — HOUSE April 17, 1996 result of that is that we are going to no one wants to roll back the clock. Finally, I just want to say, I do not see more pollution going into our wa- The only problem is the way you keep think anybody want to hurt anybody terways reversing, hopefully not too the clock ticking is to make sure that but if you have got a doubt as to much, but reversing the trend of the you keep the enforcement going and whether or not there needs to be con- last 25 years. that you keep the EPA able to do its tinued rigid enforcement, just look at The other thing that I wanted to job. Earth Day fascinates me, hearing your tap in your kitchen or the faucet point out that you stressed, I think, as everyone say that we are all going to where you children brush their teeth well is that the problem that we face is go out and plant a tree or do something and ask, am I totally confident about with the Republican leadership. I think and I do not make light of planting what is coming out of that tap and will that when Americans went out and trees but trees cannot overcome a lot I be totally confident if these cuts go voted for a new majority, a new Repub- that is being done to the environment. through? Ask the victims and their lican majority in 1994, none of them, or But Earth Day in some ways has be- families in Milwaukee, where 100 peo- very few of them, thought that they come the Easter service of ple died just a couple of years ago from were electing a Republican majority environmentalism, the one day where cryptosporidium in the water supply. that was going to put into leadership everybody shows up, the one day where Ask those who have been under a boil positions people that were going to everybody brings a shovel, wears a bon- water order, which is not uncommon. I make an antienvironmental agenda net, and comes out and celebrates. But wonder why it is regrettably that bot- part of their program here in the House the problem is you have got to be in tled water seems to be a growth indus- of Representatives. That is what we the church or in the movement every try in our supermarkets. What that have seen with Speaker GINGRICH, with day, every week. And so Earth Day can tells me is that the job is not only not DICK ARMEY, with some of the other remind us. Indeed, just like Easter, it finished but it must be even more ag- Members who are in the Republican is good to have people coming out and gressively pursued. leadership. They have on a daily basis renewing those ties. But then the test So we have made progress, everybody put forward legislation that would is whether or not that carriers over to agrees on that. But there is a price to weaken environmental laws. It is not the next day and to the next week. progress and there is a need to make so much the individual perhaps Repub- There is a point that I think ought to sure we keep the progress that we have licans that are doing this but the lead- be made. Sometimes I hear the talk of made as well and to continue to ership. But they are the elected leader- burdensome regulation but it should be progress. I thank the gentleman for all ship and we have to hold them respon- made that to step back now is actually he has done to keep that in front of the sible for what is happening down here. bad for business. We have a number of American people. It is a fact that this is what they are companies in the Kanawha Valley and b 1830 doing. I want to thank the gentle- in West Virginia that have spent great woman for joining us here today. sums to comply with the law and in- Mr. PALLONE. I appreciate the gen- Mr. WISE. Mr. Speaker, will the gen- deed many of our companies have tleman’s remarks. If I could just add tleman yield? greatly reduced emissions voluntarily again a couple of things that you Mr. PALLONE. I yield to the gen- far beyond what was required. What pointed out and bring them back to tleman from West Virginia. kind of message do we send out now if this issue of what the Republican lead- Mr. WISE. I thank the gentleman you say we are going to step back, that ership has been doing in this House, from New Jersey for doing this once we are not going to fund enforcement one of the things that we keep hearing again. You have been a tireless fighter so that that person who has always from the Speaker and Republican lead- in environmental causes. Let me just been skating right on the edge, who ership is we do not need the national say I too join as everyone in this has not been willing to make the com- laws, the environmental protection on Chamber, Republican and Democrat, in mitment, who has always played a bit the national level, because the States appreciating the progress that has been fast and loose or who simply has not are doing a good job. Twenty-five years made over the last 25 years and also been willing to upgrade as fast as oth- after Earth Day we can send those re- saying we do not want it rolled back. ers have, they suddenly get rewarded? sponsibilities, if you will, to enforce But what happens is people forget how We give them a bonus for having never the environment, to protect the envi- the progress was made. The progress been as enthusiastic as others in the ronment, back to the States. was made by being willing to fund the business community have been? As the gentleman so well points out, environmental programs that are The thing that has impressed me in if each individual State has different passed, the progress was made by being talking to our chemical industry at laws when it comes to Superfund or able to do the enforcement, the home is they understand the progress clean water or whatever it happens to progress was made by people standing that has been made and they are com- be, that does not solve the problem, be- up and saying here are a set of stand- mitted to continuing to make it. But it cause you get forum shopping; in other ards and we are going to vigilantly en- gets a lot harder for them to justify if words, where a company will say ‘‘I force them. The problem is if you cut they see somebody else that may get will not go to West Virginia. I will go off the hook now because that EPA in- back the enforcement 25 percent, what to another State, because they have spector can get by now once every 6 message are you sending out? I too like weaker laws.’’ And if each State starts years or something along those lines everyone in this Chamber have my own competing, if you will have to have and only under the rarest cir- memories of the Kanawha River in weaker environmental protection to cumstances. I support a tough enforce- Charleston, WA, in which when I was ment program. That is why I voted attract industry or whatever, then the growing up you were warned not to against cutting the funding 25 percent. common denominator gets lower and swim in it, children getting meningitis There is a controversial pulp mill, for lower. every summer, and the pollution that instance, that is now being debated, Mr. WISE. I am from West Virginia was in those rivers. Today because of whether or not to construct in my and the gentleman is from New Jersey. an effort made across the board, from area. Some say that it ought not to be Both are centers for the chemical in- environmentalists to industry, to gov- built, others urge that it should. Re- dustry. If you want to start a race for ernment, the result is that the gardless of how you feel, the best way the bottom, pitting us against each Kanawha is clean again and that for to determine what the environmental other, each State having to set its own the first time fresh water fish are being impact will be is with a strong EPA. standards, as opposed to having a mini- pulled out of it, for the first time peo- That is why I voted for the funding mum Federal standard that at least ple are now feeling good about the that would give the EPA the ability to sets the minimum benchmark, we all Kanawha. Same thing with our air. The continue doing its studies that are so lose in that regard. air used to be atrocious in the necessary. Mr. PALLONE. I yield such time to Kanawha Valley with the second high- Environmentalism is good for busi- the gentlewoman from California [Ms. est number of solid particulates in the ness and indeed we are seeing more and PELOSI] who has been an outspoken country 25 years ago. That is no longer more businesses learn that and make protector of the environment here in the case. Everyone delights in that. So profits from it as well. the House. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3565 Ms. PELOSI. I thank the gentleman she was attracted too come into a cam- this country, as the gentleman from for yielding, and for his leadership on paign, she said, ‘‘I realize that politics West Virginia [Mr. WISE] said, have to this important issue, and for calling has something to do with clean air and have the confidence that when their this special order this evening. clean water, and I guess I have to be in- children go to the faucet and pour a I would like to follow up with the volved in politics, at least as long as I glass of water, that they are not dam- colloquy you were having with the gen- breathe air and drink water.’’ And that aging their health. tleman from West Virginia [Mr. WISE] is so true. So we have to have Earth Day, we on the idea that we absolutely do need What has happened since Earth Day have to uphold the principles of Earth Federal standards. Not only do we need 26 years ago, the first Earth Day, is Day every day of the week and every them, because you would have a race to that the people have become engaged. day of the year. And in this body we the bottom as States might wish to at- Our Republican colleagues see the re- have a responsibility to make sure that tract certain kinds of industries which sistance to their backward looking whatever we vote for here is in further- would not have to comply with State policies. Now they are trying to give ance of protecting the environment, law, but also because pollution knows the appearance of being green on Earth and we must reject the extreme propos- no State boundary. Without minimum Day. als of the Republican majority to set environmental standards set by Fed- But while they may try to act green us back on the last generation of im- eral law and Federal enforcement ac- for a day, the record shows that this provement in the environment. tions, the health of our communities, has been the worst environmental Con- Once again I want to thank you for the environment and economy would gress ever. The Republican Congress your leadership on this, your relentless be compromised across the board. has attempted to roll back years of en- leadership on protecting the environ- Testimony submitted by the Citizens vironmental progress in order to favor ment, and for giving me this oppor- Panel of the Chesapeake Bay shows special interests. tunity to participate in this special that Federal oversight and enforce- Because of Republican cuts, EPA has order this evening. ment helped States work cooperatively missed thousands of inspections and Mr. PALLONE. Mr. Speaker, I want to thank the gentlewoman for the re- to address environmental problems. Be- enforcement actions, cleanups have marks that she made, and again she fore the creation of the EPA, the six been slowed at 400 toxic waste sites, has made some points that I think are States on the Chesapeake Bay water- and stopped at 60 Superfund sites. Six really crucial in terms of this whole de- shed allowed the waters to become se- rules to clean our waters have been de- bate relative to Earth Day. verely polluted. Without a strong Fed- layed, causing hundreds of millions of eral enforcement presence, citizens in I think that the Republican leader- pounds in pollution that could have ship consistently tries to pretend when States like Virginia, which had cut its been prevented, and old growth forests environmental budget by 26 percent, we talk about the environment, that are being logged without environ- we are sort of the tree huggers. Not would have little recourse against pol- mental protection. This is a serious, se- lution coming from other States. that there is anything wrong with hug- rious assault on the environment. ging trees, but they forget the fact we It is hard for young people to remem- I heard our colleague talk about the ber or even to know how it was before are mainly talking about the public environment and economics. I wanted health and that when we talk about the EPA and before Earth Day. In the to cite a report from California that 40 years that the Democrats have been clean water, air and cleaning up haz- says that, to the contrary, the environ- ardous waste sites, we are talking in control of Congress, great progress, mental regulations do not produce a as the gentleman has indicated, has about direct health implications for loss of jobs. The report that we have the average person, for children, for been made. Twenty-five years ago my from the California State Senate shows own beautiful San Francisco Bay could mothers, whatever. clearly that rather than losing jobs, it Also, I am glad the gentlewoman be smelled before it could be seen. I promotes jobs. It promotes an environ- hate to tell you that. Major rivers brought out, she certainly knows as a mental protection industry, it pro- member of the Committee on Appro- caught on fire from industrial pollu- motes the fishing industry, which de- tion. The Great Lakes resembled stag- priations that we continue to operate pends on a clean environment. This under these stopgap funding measures nant toxic pools rather than centers whole methodology that there is a job for recreation and commerce. which are still creating tremendous loss because we are trying to protect Since then, national environmental problems for the EPA and their ability clean air and clean water is just that, laws have led to cleaner air, safe drink- to enforce the law to clean up ing water, and better controls of toxic mythology and not reality. It is an ex- Superfund sites, to do proper investiga- waste and hazards. But the work is far cuse to take actions, but it is not a tions. I am a little afraid that because from done, and the Republican assault reason to do so. So there is a great deal we have not had the shutdowns that on environmental budget will hamper at risk. the Republicans brought us a few I want to commend President Clinton such efforts. months ago, at that time people were Due to recent cuts, the EPA has halt- for standing firm in this budget fight, vividly aware of the fact that the EPA ed 68 waste cleanups in communities standing firm to say, as Vice President was closed down, that Superfund sites around the Nation. In New Jersey, your GORE reiterated today, that he will were not being cleaned up, that there State, Mr. PALLONE, 81 Superfund sites veto legislation that has harmful envi- was not anybody out there going need to be cleaned up. ronment riders or harmful anti-envi- against the polluters or finding the pol- I had an able article from a Califor- ronment riders in them. Even with the luters. But even though we do not have nia paper, ‘‘Strapped EPA limits clean- riders gone, I am glad the President the Government shutdown or any agen- ups. With funds cut off, agency slashes stood tall on the issue, in terms of the cies shut down now, the amount of staff, narrows work to 10 of the most cuts to EPA which we have been talk- money that is available for the EPA hazardous sites in California.’’ This ing about this evening and which have and other environment-related agen- means that the head of the EPA in our such damaging impact on the environ- cies is significantly cut back because region has kept a skeletal crew of 35 to ment. of these stopgap measures. 40, down from 900, to oversee the most I would say to the gentleman from I think this one we are under now ex- serious problems and to tend to the New Jersey [Mr. PALLONE] I serve on tends to the 24th, sometime next week other business. the Labor, Health and Human Services or so. We are just hoping if we get an- So we are faced with a terrible, ter- Subcommittee of the Committee on other continuing resolution or another rible choice. This is not about only en- Appropriations, and on that committee appropriations bill it is going to be one dangered species; this is about endan- we hear from scientists all the time. that provides adequate funding for the gering the health of the people of our What they tell us is that pollution pre- EPA and these other agencies. Again, country, endangering our children. We vention is disease prevention. This is so far the Republican leadership has are talking here about clean air, clean not just an environmental issue, if you not indicated they are going to do that, water, safe drinking water. could say ‘‘just an environmental so these agencies are being crippled in I once has a volunteer in one of my issue.’’ It is a public health issue. The their ability to enforce the law and do campaigns, and when we asked her why parents of this country, the families of the things important to us. H3566 CONGRESSIONAL RECORD — HOUSE April 17, 1996 Ms. PELOSI. That is why I am so record during the last year, intends to a visit, participate in fund-raising pleased President Clinton has stood weaken the safe drinking water stand- events, become active on the zoo citi- firm on this issue, in addition to edu- ards. zens advisory board. cation and some other issues, Medi- Another concern that you may be fa- Now, do not get me wrong, I am all in care, Medicaid, VA, that the President miliar with, and the irony at a time favor of planting trees. I have done it has stood firm and said that we cannot when so many in this House have myself. I go to the zoo all the time. I proceed unless we have the basic health talked about more local responsibility, am a member of the zoo here in Wash- and well-being of the American people more community responsibility, is that ington and elsewhere. But the point is, protected in how we go forward. they would come in and limit the com- this is just being used as a way to I would like to elaborate on one point munity’s right to know about dan- cover up a poor environmental record. just for half a minute that I mentioned gerous substances in our water supply. Mr. DOGGETT. A gimmick. earlier, about a survey released last I am wondering if the gentleman, in Mr. PALLONE. Exactly. Going back month in California by the California your leadership role with reference to to the gentleman’s point on the Safe State Senate, refuting the claim that if the environment, is familiar with some Drinking Water Act, I am hearing that you have environmental protection of the dangers posed to our water sup- some in the leadership now are so con- regulations you lose jobs. plies by the assault on the environ- cerned about their poor record on that This report looked at every major ment? statute that they have actually study by Government, universities, and Mr. PALLONE. Let me say, first of reached out to the Democrats and are private think tanks since 1973. Not a all, when you talk about the Safe talking about possibly coming up with single reputable study found a negative Drinking Water Act and the efforts to some compromise legislation. But I impact from environmental laws. In weaken those protections, it is a real will believe that when I see it. fact, environmental regulations have problem. We are hearing now that be- Mr. DOGGETT. I am encouraged to created jobs, particularly in manufac- cause of the fact that the Republican hear that, though I read just this week turing, transportation, and utility in- leadership did some polling, they es- in the April 15 issue of Congress Daily dustries, and as I mentioned, there are sentially found out that they were not an announcement concerning a draft other industries like the fishing indus- doing too well with their constituents committee recommendation on clean try which are totally dependent upon a and possibly leading to next Novem- water legislation, and it was an expres- protected environment. There have ber’s election, because they were per- sion of great concern by the environ- been a boom in jobs in environmental ceived as antienvironment. mental working group that the com- technologies and services. The report Mr. DOGGETT. That is reality. That mittee draft, and this would be, of says California, speaking for my State, demonstrates the ability of the Amer- course, the Republican majority com- California alone will have 200,000 envi- ican people to get past these stickers mittee draft, would weaken community ronmental workers by the end of the saying ‘‘I have been to the zoo’’ or ‘‘I right-to-know provisions and allow new year. planted a tree’’ or ‘‘I have a green sport industry oriented peer review panels to The environmental debate is really coat,’’ and get down to the fact that veto EPA standards. That is that the about protecting public health, as the some people who say they are green at people that pollute the water would be gentleman has said. The jobs versus election time have been voting consist- able to determine what pollution is and owls argument is dead. ently to destroy the environment and is not appropriate for our public law Again, I thank you for allowing me to have an assault on environmental enforcement agencies to protect us this time. law enforcement. against. I would just point out that this is Mr. PALLONE. You are absolutely b right. In my district it is so vivid, your 1845 not, as this very cynical Republican point, in the sense when we had these Mr. PALLONE. Before we are fin- strategy memo that the gentleman re- beach closings in the late eighties, bil- ished with this special order tonight, ferred to, this is not just something lions of dollars literally were lost in maybe one of the things we could do is coming from Washington. One of the tourism at the Jersey shore. There to bring up this memo that was sent people who wrote me within the last were no jobs at all in the summer. So out by the Republican leadership that week is Pamela Garcia, who writes I do not think I could find a better ex- essentially gets right to the point the that Austin currently has the highest ample. If we do not have clean water at gentleman is making about going out pure water standards in the State of the Jersey shore, we do not have an and hugging trees and going to zoos Texas and I would like to see it stay economy. and all that to pretend that a Member that way. These high standards must For the life of me, I do not under- is environmental. be maintained to protect those most at stand why a lot of the Republicans or Mr. DOGGETT. The gentleman is risk from contamination. those in the leadership do not under- talking about the House Republican I had a third grade teachers write, a stand that. But a good environment strategy for this year. That is where woman who has committed her life to means good jobs. So thank you again they got the public relations firm in to working with young people, to write to for participating. help them put a smiley face on their express concern about what she had I would like to yield now to the gen- commitment to the environment by heard about this same weakness in the tleman from Texas [Mr. DOGGETT]. doing things like petting their dogs community right-to-know provisions. Mr. DOGGETT. I thank you for yield- and that sort of thing? Holly Long from Austin says that it ing and for your leadership concerning Mr. PALLONE. I will read it directly. may just be my imagination, but I environmental protection. I thought It will not take long. It is a pamphlet thought the Government of our coun- that one of the other really important that was put out, I guess in October try is a place in the position that they aspects of this GINGRICH attack on the 1995, after the 9-month assault on the are in to protect the rights of citizens environment, this GINGRICH attempt to environment when they did the polling that they represent. We should have essentially have unilateral disar- and found out that the public really did the right to clean water and that right mament of the environmental law pro- not like it, and it is amazing to me should be assured to us by the people tection relates to the whole problem of where they say, and I am just quoting, that represent us. clean water drinking standards. Where your constituents will give you more I know the gentleman shares that I come from, the city of Austin, TX, credit for showing up on a Saturday to view, that our job here is not to get on Colorado on the Rocks, with the Colo- help clean up the local park or beach the side of whoever has the strongest rado River running through there, is then they will give a press release from lobby in Washington, but to stand up considered to be a pretty good drink. I someone in Washington talking about for people like Holly Long, who is out have begun to get a series of calls and environmental issues. And they specifi- there trying to teach young people and letters from people throughout central cally say that you should go out and bring them into the whole American Texas expressing concern that this plant trees and go door to door and dream; that we have a responsibility to Congress, and particularly this House, hand out tree samples, and then, last, ensure that she has an advocate here in given its atrocious environmental become active in your local zoo. Go for Washington fighting for the right to be April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3567 able to see endangered species in some- And remember, she says, that many statutes, we saw the Republican leader- place other than a zoo, and to not have of our most vulnerable citizens are ship sort of regroup and look at the all those trees clearcut in our old young people, are old people, people budget, if you will, and the appropria- growth forests, and certainly to be able who have certain physical problems, tions bills as a vehicle to try to turn to be sure when they get a drink of certainly young women who are preg- back the clock since Earth Day 1970. So water out of the Colorado River in Aus- nant, who are most vulnerable to water we saw, as was mentioned by some of tin, TX, that it meets the standards that is polluted, to drinking water that our colleagues here tonight, riders, leg- that we would expect and that the gen- does not meet clean water standards. islative language, if you will, weaken- tleman would want in New Jersey. So I think, it is important that you ing language put into the budget. Mr. PALLONE. I agree, and I really have spent this time this evening We also saw, and most importantly, appreciate the fact because I do not bringing to the attention of our col- efforts to cut back on the amount of think anybody else tonight brought up leagues and to the American people money that was appropriated for the this sort of Republican strategy which how really far-reaching this very ex- agencies that protect the environment, we have seen with a lot of the efforts to tremist agenda to undermine environ- like the EPA or the Department of the weaken environmental laws, where pro- mental law protection is, because I Interior, and even more so deep cuts in visions that I call sunshine law provi- have found some people who are out enforcement in those environmental sions, let the light in and right-to- there beginning to notice it and begin- cops on the beat, as you point out. know provisions, the ability of citizen ning to say, do not let this happen; Then, of course, by the end of 1995 we groups to bring suit, the ability of the that we have a responsibility to stand got to the point where we had these Federal Government to provide grants up and pose an obstacle to those who Government shutdowns, where those to citizen action or activists who are want to undermine environmental law agencies were shut down and were not going to look into or investigate envi- enforcement. able to function at all. ronmental problems where they live. Mr. PALLONE. I appreciate the gen- I think at that point, and you and I These kinds of protections that basi- tleman’s remarks, and maybe I could recognize, I think, that at that point, cally get the public more involved and just briefly out sort the cynicism that at the end of 1995, Speaker GINGRICH sort of let in the light so that we know I have seen around here on the part of and the Republican leadership started what is going on, those are the very the Republican leadership to the whole to do this polling which indicated to things that in many of these bills that environmental issue. them that the public did not like what have come up that we have seen the I sort of started this evening by say- was going on with their Republican leadership try to weaken ing that when the Republican majority antienvironment crusade. That is when those protections. was elected in November 1994, they put we got the memo saying go out and Mr. DOGGETT. Empowering the forward a Contract With America, so to plant the trees and join your local zoo. local communities to address these is- speak. There really was nothing in Mr. DOGGETT. My concern is that sues. And, of course, I am so amazed at there that would stand out to anybody that is all they plan to do; that they those who will come here on the floor who was voting that would suggest want to have good public relations but of Congress and they will say, well, I that they were putting forth an that they intend to continue, as far as am against pollution. I mean I am not antienvironmental agenda. I know they have not stopped their in favor of pollution, I am just against But when Speaker GINGRICH was closed-door meetings with the polluters the Environmental Protection Agency. elected and when the House organized and special interest lobbies that they Well, that is like saying I am not in the Republican majority, very quickly have here every week; that they will favor of crime, I am just not in favor of we saw an effort by the Republican have the smiley face out there but they the police. leadership to bring to the floor what will still be trying to sneak attack It is the Environmental Protection we call reauthorization bills, where we with the environmental riders and the Agency and some of our other protec- revisit various environmental laws, slashing of the law enforcement budg- tion authorities that are the law en- like the Clean Water Act, and use those ets for those that are there to try to forcement authorities with reference to reauthorization bills as vehicles to try assure that we have the clean drinking the environment, just as our police and to weaken directly environmental leg- water that people in central Texas our highway patrolmen and highway want and the clean air that I know peo- troopers are the law enforcement for islation, whether it was the Clean ple across the country want. some of the other areas that affect our Water Act or the Superfund coming out Mr. PALLONE. Exactly. That is one lives. of committee or some of the other bills Just to give you another example, if that we rely on as sort of the whole of the main points that we are trying I might. I am sure you have some of basis for environmental protection to make here tonight and that the gen- these from New Jersey, but another here. tleman is making very effectively, person who contracted me expressing Mr. DOGGETT. This was after they which is that we cannot be fooled, if concern about what this Congress is began the weekly meetings with the you will, by the fact that we are not doing, particularly in the area of water polluters behind closed doors here in seeing legislation coming directly to quality, and I think again it really the Capitol? the floor now to strike the Clean Water brings it home, it is not a battle be- Mr. PALLONE. Absolutely, and it Act, for example. Because we are still tween political parties or between was well documented that much of the having, with these stopgap funding Washington and Texas or New Jersey, legislation coming out of committee measures, significant cuts in enforce- but the fact that this affects the lives was actually written at those meetings ment, in the ability for environmental of real people who are struggling out with the polluters or with the special agencies to actually operate and to en- there in America to make ends meet interests, and that they were even di- force the law. and who do not need the Congress get- recting when they were coming to the That is continuing on a regular basis, ting in the way of their standard of liv- floor. and all efforts to try to sort of paper ing. They were not terribly successful in that over by suggesting that we are Susan Truesdale writes me: accomplishing that goal of weakening going to be a little better on the envi- Clean water is important to central Texans those statutes directly because of ronment now is really nothing but like me and my family. I can’t imagine find- course the Democrats in the House bat- smoke and mirrors. ing out 12 days after the fact that the water tled them, and even when the bills Mr. DOGGETT. Or we could expect that my family and I had been drinking, passed the House, they had difficulty the same type of thing that we saw last bathing in, watering our pets and yards with, getting them through the Senate be- year when there was a bill out here is contaminated with something that could cause the Senate was not as responsive that was called the Clean Water Act possibly kill us or make us terminally ill. I to trying to weaken the environmental amendments, but most everyone that don’t want my kids drinking this stuff and not knowing. Vote to protect the right of laws. looked at it referred to it as the dirty Texans to be told immediately if our water is So very quickly, after that first 6 water act. Most of the commentators unsafe, for more protective standards not months of trying to go directly at envi- who studied it noted that it was not weaker ones. ronmental protection standards and surprising that it was a dirty water H3568 CONGRESSIONAL RECORD — HOUSE April 17, 1996 measure that actually weakened, in people. The big industries want the American is even proposing to dissolve the Tongass Na- the name of clean water, the existing people to pay for industrial pollution, and we tional Forest (America's largest rainforest), law, because it had been written behind will payÐwith environmental losses. Fish will transfer ownership to the State of Alaska, and closed doors by the various polluters be poisoned, rivers and lakes will die, and we open it up to logging and other development. who had a vested interest in this mat- will be unable to swim and fish. The Repub- Thus, the heritage of all Americans is being ter. lican majority wants to reduce funding for sold to oil and timber companies, who don't Mr. PALLONE. Exactly. And the fact cleanup projects, which may reduce taxes in care about the long-term health of the forests of the matter is a lot of the provisions the short-term, but it will raise them later, be- or the animals, birds, and plants that are de- in that dirty water bill are still at- cause if we don't clean up the mess now, our pendent on them for their survival. tached as riders to these appropria- grandchildren will have to do it. The Republican majority has also been at- tions, as well as some of these stopgap The Safe Drinking Water Act has also been tempting to gut the Endangered Species Act. spending bills that continue to come the focus of Republican attacks. The Repub- Masquerading as reform, the bill was drafted up, so they are not going away. They lican majority killed Safe Drinking Water Legis- by timber, mining, ranching and utility interests are still there, but now they are sort of lation in 1994, and has made significant cuts who would prefer to do business without re- hidden a little more. in funding the safe drinking water infrastruc- gard to the harm it causes to endangered spe- I think it is incumbent upon us, as ture. Currently, a weaker billÐthe Safe Drink- cies and their habitat. Democrats, and whether Democrat or ing Water Act Amendments of 1995Ðis being The Republican majority has resisted reform Republican Members of this body who considered. Without a strong Safe Drinking of the Mining Law of 1872, which allows min- feel that the environment needs to be Water Act, we will pay with our health, from ing companies to take minerals from federal protected, in celebration, if you will, of the potential negative effect of ingesting lands without paying royalties for them. Com- Earth Day, that we continue to be vigi- chemicals over the long term. panies need only pay $2.50 to $5.00 per acre lant and make the point that this Con- The Comprehensive Environmental Re- to carry off all the minerals they can extract. gress has been terrible, has been the sponse, Compensation, and Liability Act These are nonrenewable resources that are worst Congress on record with regard [CERCLA] Superfund was created in 1980. Its literally being given away to mining compa- to environmental protection. We have purpose is to clean up the most polluted haz- nies. The American people has a right to a to bring to the light and to the public ardous waste sites. It requires polluters to pay reasonable return for their common property. the fact of how they are going about 75 percent of the costs of cleaning up the But the Republican majority is resisting this this, and how the Republican leader- sites they pollute. The Federal Government needed mining reform. ship continues with this pays the balance of the costs. Of the 1,400 The Republican majority has done all they antienvironmental agenda. sites identified for cleanup, only 349 have can to cripple federal environmental laws. In So I want to thank the gentleman been completed. Because of the lack of com- addition to weakening individual environmental again for being here tonight, and I mitment to cleanup by previous administra- laws, they are attempting to undermine the en- know we are going to continue to make tions, 60 percent of these sites have been forcement of environmental laws by drastically this point leading up to Earth Day next cleaned up during the Clinton administration cutting the budget of the Environmental Pro- Monday and beyond. alone. tection Agency (EPA) and by limiting the au- Mr. DELLUMS. Mr. Speaker, I rise today to The CERCLA Superfund needs to be made thority the EPA has to implement and enforce focus our attention on the upcoming Earth Day more effective and efficient, not less. The Re- those laws. commemoration. Earth Day is a day we publican majority wants to change CERCLA to In the guise of ``regulatory reform'' the Re- should all pause and consider where we are, provide fewer cleanups. Instead of cleaning up publican majority is attempting to undermine where we have been, and where we are hazardous waste sites, they want to merely the environmental laws passed during the past going. Earth is our home; we have no other. contain them. They also want to shift more of 25 years. Calling environmental safeguards If we exhaust her resources; if we pollute her the cost form the polluters to the government, ``red tape,'' they are trying to trick the Amer- water, air, and land, there is no other place we making governmentÐthe taxpayersÐpay 50 ican people into allowing big businesses: to can go. Rachel Carson first apprised us of the percent of the cost instead of 25 percent. The pollute America's water, air, and land; to pay danger to our environment in ``The Silent Republican majority has also halted designa- less than full value for America's timber and Spring'' in 1962. Consciousness about the tion of new sites and reduced the amount ap- minerals; and to destroy America's wilderness overharvest of renewable resources, endan- propriated for cleanups. and wildlife. In true Orwellian fashion, the Re- gered species, and pollution resulted in efforts The Republican majority has also been giv- publican majority is trying to steal the common on the local, state, national, and international ing away America's natural resources to spe- heritage of the American people, obfuscating it levels to address these issues. Acting in the cial interests. In years past, Congress created with anti-government rhetoric. best interest of all the people and in the long the National Park system, wildlife refuges, and Earth Day is an excellent time for all of us term, Congress passed a number of laws that National Forests. In 1995, the National Park to take the time to consider what kind of home significantly improved the living environment of system alone enabled 270 million people to we want to live in, and what kind of home we all Americans and helped to heal the damage commune with Nature. The National Park sys- want to leave for our grandchildren. Will there done out of ignorance and greed the previous tem includes National Parks, seashores, pre- be clean water, air, and land? Or will they be decades. serves, scenic riverways and trails. While polluted, ugly, and toxic? Will we have any for- The Clean Water Act was passed in 1972. these areas are in need of maintenance, the ests left? Will there be any wilderness and It protects surface and ground water. It pro- Republican majority has cut its operating wild animals left? Clean water, air, and land is vides water quality standards to control indus- funds. the birthright of all Americans. Forests, wilder- trial and municipal pollution. It also provides In addition, the Republican majority wants to ness, and wild animals are our heritage too. federal grants to help states modernize public open up the Arctic National Wildlife Refuge Will our grandchildren curse us because we sewage treatment plants and reduce sewage (ANWR) to drilling for oil and natural gas with- wasted their inheritance? discharges. As a result of this act, millions of out important environmental safeguards. f pounds of industrial pollutants have been ANWR is home to a wide variety of animals eliminated from our drinking water and from and plants, which will be negatively affected b 1900 our rivers and lakes. Although the nation's wa- by drilling. They are also attempting to open REFORM INITIATIVES ters are cleaner than they've been for dec- up over 20 million acres of America's Redrock ades, 40 percent of the Nation's waters are Wilderness to development. The SPEAKER pro tempore (Mr. still not clean enough for fishing and swim- The Republican majority wants to open up METCALF). Under the Speaker’s an- ming. Thus, we still need to maintain a strong national forests to logging above the levels nounced policy of May 12, 1995, the gen- Clean Water Act. that are sustainable over the long term. They tleman from Pennsylvania [Mr. FOX] is However, the Republican majority wants to want to allow logging in old growth forests, the recognized for 60 minutes as the des- substantially weaken the Clean Water Act. home of many endangered species of ani- ignee of the majority leader. They want to exempt 70,000 chemicals from mals, birds, and plants. In the guise of salvage Mr. FOX of Pennsylvania. Mr. Speak- the act, allowing industries to pollute the Na- logging of dead and dying trees, they have er, I come to speak to my colleagues tion's waters as much as they like without any passed legislation that opens up logging in tonight here in the House to discuss hindrance. They want to slough off the costs these ancient forests, without compliance with some of the reforms that we have of their industrial production onto the American environmental laws. The Republican majority achieved thus far and where we need to April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3569 go in the next few months to make only bring us a balanced budget, but we the street, which is certainly a positive sure we complete our agenda to create are still $440 billion on Medicare, Med- step to take care of all local commu- jobs, to have reforms and to make sure icaid, environment and education, four nities, but we also passed on this $10.2 the institution that we are serving in areas that in a bipartisan way the Con- billion new program more funds for po- and the public we are serving for are gress is moving to protect. lice officers on the streets, more money being properly represented in every We just saw a week ago, Mr. Speaker, for police equipment, for crime preven- way imaginable inasmuch as in a bipar- that a line-item veto was signed into tion, maybe for a drug court, and leave tisan way as possible, in that total ef- law by the President. This will allow to each community, county and mu- fect. the President for the first time, like 43 nicipality, or State the initiatives on Let me just review, Mr. Speaker, if I Governors, to be able to cut out waste- their own part to decide where the may, with you some of the important ful pork-barrel projects, ones that anticrime, where the prevention pro- reforms we have achieved. House Members in the past or Senators grams, should have the money best First on opening day we cut one- may insert into the budget just to get spent. third of committee staff, eliminated 3 a reelection effort or just to take care In some communities it might be es- committees, 25 subcommittees. At the of their districts, but would not have tablishment of drug court. In other same time we also passed a rule for regional or permanent value, that communities it might be prevention this 104th Congress in the House, there would be a project worthy. Now the programs. Still in others it might be would be no tax increase unless with President will have that line-item rehabilitation programs to make sure three-fifths of the Members present veto, and that is certainly a reform first-time offenders no longer become voting for that tax increase, and I can that this Congress can be very proud full-time or professional criminals. These kinds of initiatives will go a report to you we have had no tax in- of. long way to improve our anticrime pro- creases to date. We have also passed congressional ac- We also have one-third cut in the countability. That law says that any- grams and to work with the attorneys general in each State and our U.S. At- franking privileges, the free mailing thing that we pass will be applied to torney General in trying to bring about privileges that Members have, and our staffs as well. In prior Congresses, more safety in our communities and in since that time some other additional as you know, Mr. Speaker, the fact is our States. reforms I think are worth repeating that the Congress itself was exempt We have also passed initially in this and worth underscoring for my col- from bills in the past, whether it is House welfare reform. Now, the Presi- leagues. OSHA, or fair labor standards, or dent said in 1992, when he ran, he want- We have passed a ban on gifts from whether it is civil rights law. It is the ed to end welfare as we know it. Now lobbyists. Up until December 1995, lob- last paragraph; Congress is exempt we send a bill over to the White House; byists could give gifts to Members, from the application of this law. And it was welfare reform in a bipartisan whether it be a trip, or a dinner, or that was wrong in two ways. First, it fashion, passed by the House and Sen- anything like that. And we took a was wrong because we did not under- ate, has been vetoed, But we are still stand, I think very strongly, very prop- stand the pain or the suffering put hopeful here in the House that there erly, saying since no Member in this through some individuals and busi- will be a bill upon which we can have House would want the adverse infer- nesses with requirements of Federal the consensus and can get a final pas- ence that their vote would be changed law; and, two, it was unfair to the sage. by a lobbyist giving a gift, we have now staffs of the Congress in being able to The kinds of things we are trying to banned those gifts, the first Congress have the protections that laws can af- get is to make sure there is a safety in history. ford. And so the President did sign that net for those who are unemployed or And we certainly are on the right di- law into effect, sometimes called the unemployable, but those who are able- rection as well, requiring lobby disclo- Shays Act, and CHRIS SHAYS, who is bodied, what we are trying to do, Mr. sure. We now know because we passed a from Connecticut, deserves a great deal Speaker, is make sure they have job bill that is signed by the President, bi- of credit for having moved that bill for- counseling, job training, job place- partisan Congress, House and Senate. ward, and we adopted it here in the ment, and day care, if necessary, to Lobby disclosure for the first time has House and the Senate, and the Presi- make sure that every individual who been effectuated here, and because of dent signed the law. wants to work, who has the ability to the task force on the form, which I now The unfunded mandates reform; I work, will be able to work and have the serve on, a bill will be forthcoming to know that you back—Mr. Speaker, and pride of work. bring about campaign reform, as well, served in Washington State, and you But also part of the welfare reform which I think would be the final chap- know that the Federal Government for legislation was appropriate funding and ter of this Congress’ achievement, a years before you arrived here in Con- increased funding for food nutrition ban on gifts, lobby disclosure, and fil- gress would send mandates back to programs for schools and the WIC Pro- ing campaign reform. Washington State or to your home gram, the Women, Infants and Children We have already saved through these community or your school district and Program. We think this goes a long reform measures, Mr. Speaker, $150 said the Federal Government requires way in trying to get the problems ad- million on just the operation of the this, you got to pay for it. Well, that dressed because while we have spent 15 House. I think that is a testimonial to almost bankrupt some local commu- percent in the cost of one of those two the kind of hard work that the Repub- nities, trying to see to the wishes of programs, the WIC and the food nutri- licans have initiated as a majority the Federal Government, least sen- tion, in the proposal that we have be- party, and we have had bipartisan sup- sitivity of the funding that goes along fore the House right now is to have port in all of those initiatives, and I with these programs that we imple- those programs block granted to the think that says a lot about the mem- ment. State, but the way we do it is we told bership reflecting the will of the people So the unfunded mandates reform the Governors you can only spend 5 back home. has been passed, and no longer can the percent on administration; with the But beyond those reforms in the in- Federal Congress, the House and the other 10 percent that is in the budget, stitution, we have also made great Senate, and together with the Presi- the money must go toward feeding strides, moved forward to our agenda dent, send back a mandate to home more children more meals under the to try to make sure that we have a bal- without the money that goes with it. I national standards of the National anced budget. This House has passed think the benefit of that is that we can Science Foundation. for the first time since 1969 a balanced make sure that what we send back is So, with those kinds of safeguards, budget. Now, since we started that bal- certainly going to be something that is we think the programs, closer to the anced budget, which was presented to worthy of having the Federal Govern- people without the fraud, abuse and the President and not yet signed, we ment be involved with the funding as waste for anything will give us a better have moved $440 billion closer to the well as the initiative. job back home, will give us a better President’s figures in trying to achieve We also passed in this Congress a new chance to feed those children and to the kind of an agreement that will not crime bill, not just for more police on serve them well. H3570 CONGRESSIONAL RECORD — HOUSE April 17, 1996 Our pro-jobs agenda has been one curred, you would think, for example, untary agreements and conservation, that I think that we can take a lot of that the clean water bill that this voluntary agreements, as possible, con- pride. You know, many people said, House produced was somehow a par- sultation with local folks, bringing, in well, what kind of health care provided tisan special-interest piece of legisla- fact, environmentalism back home for workers, for those employed? Well, tion that was not designed to do any- where it belongs instead of here in H.R. 3103 passed last week in the House thing about clean water in America. Washington in some Federal agency. provides several things. Most notably, The truth was that it was supported by I remember recently when Bruce Mr. Speaker, H.R. 3103 is going to make a large majority of this House, biparti- Babbitt, Secretary of Interior, visited sure that our people who employed, san in nature, Democrats joining Re- Louisiana, he went down and talked when they move from one job to the publicans, attempting to bring some about the Republican assault on the other, or if they lose their jobs, that rationality to the section of laws that great outdoors. My comment was, Mr. the insurance is portable. And that is deal with clean water regulations in Babbitt, you don’t understand some- very, very important. It also insures America, particularly trying to define thing. Sir, we love the great outdoors that no matter what preexisting condi- wetlands in a way that we can properly as much as you do, perhaps more than tion you have you cannot be denied the respect the preservation of real wet- you do, in Louisiana. We grew up in the coverage. It also provides medical sav- lands and at the same time respect the great outdoors. It’s the great indoors ings accounts. rights of property owners and people in that we complain about, the indoors So these are very positive things for America who are affected by those reg- where all these Federal bureaucrats workers that we want to make sure, ulations. who have lost sight of reality and hopefully the Senate will agree, and Now, the properly rights bill itself make all these regulations that just the President, as well, will sign. was one that was supported by many don’t make sense that Americans can’t We also want to try to get 100 percent Democrats in this House, and we sent live with and that in many cases dis- deductibility on health insurance to it down to the Senate. It was a bill respects constitutional rights, civil encourage employers to provide the that simply set up due process rights rights, like the right to own private health insurance for their workers. for property owners who were affected property in our country. We also are discussing investment by some of the regulations dealing with And so as we fight to balance those tax credits and research and develop- either the Endangered Species Act or things, as we fight to bring some com- ment tax credits for the purpose of the pull for wetlands regulations. mon sense to regulatory reform, re- making sure we encourage investment, In regulatory reform, you will recall spect for property rights, and some reg- encourage new jobs, retaining jobs, and that when this House passed its regu- ulations dealing with wetlands and to make sure that we keep our busi- latory reform bill, the Republican ma- clean water and clean drinking water nesses here in the country and not jority was joined by many Democrats that indeed are based on good risk overseas. who agreed with us that it was time to analysis, cost-benefit analysis; in other We also are looking for regulatory re- put some risk-benefit cost analysis words, regulations that achieve their lief, and our purpose is to try to make into the process by which the govern- results more accurately for Americans. sure that we do not duplicate what ment makes regulation. Why? Because As we make that fight, we will also cel- States are already doing. Mr. Speaker, we simply want to make sure that reg- ebrate with our colleagues on the other we cannot really have regulation upon ulation makes common sense, that you side Earth Day this week. regulation when they have already look at the real risk you are going b 1915 have made sure that they done in the after, analyze it carefully and look for We are going to try to see to it in the States, they have to duplicate in the the least-cost method of achieving a coming weeks and months, for exam- Federal Government. reduction of that risk in our society, ple, that we make a new Superfund law We have with us tonight our col- making sure, in fact, that regulations for America, one that does not waste league, Congressman TAUZIN, who I issued by bureaucrats made common all the money that is collected in a hope will join us here and talk about sense. courtroom with lawyers and others some of these reforms that we have had Was that an attack on the environ- making all the money in the system in the Congress and where we go in the ment? Of course not. We want a safer, and nothing getting cleaned up. future of this second session of the cleaner, healthy environment for The President in his State of the 104th Congress. I will yield to him to America, but we simply want the regu- Union address, his first State of the give us his thoughts on where he lators in Washington, who are some- Union address, pointed out to us how thinks the continuation of this revolu- times out of control, sometimes not awful that was, and called upon us to tion will go. living in the real world, to simply take change that law. We are going to try to Mr. TAUZIN. I thank the gentleman people into account and to make their do that, JON, to pass a good Superfund for yielding. regulations make common sense. law, a good clean drinking water law, I particularly wanted to join you be- This House overwhelmingly endorsed and get the Senate, hopefully, to agree cause I listened to the special order that proposal and sent it down to the with us eventually on good, safe, clean that preceded you, and if you were to Senate. We have still not seen that en- water acts and property rights and reg- listen to that special order, you would acted into law. But we stand for those ulatory reform. assume that much of the regulatory re- propositions tonight as we did earlier Mr. FOX of Pennsylvania. Mr. Speak- form efforts that you just referred to this year. We stand in this week when er, I would say this to the gentleman. that were conducted during the pre- we celebrate the planet and clean air One of the items he brought up about vious year in this Congress were some- environment, we stand for a cleaner being commonsensical about the envi- how aimed at destroying the environ- healthier, safer place for Americans to ronmental laws, our chairman of the ment, creating dirty water and dirty live, but one in which Federal bureau- Committee on Science, the gentleman air and somehow making life unsafe crats start treating people with a little from Pennsylvania, BOB WALKER, said and unhealthy for us, when nothing less arrogance, when they start making we should have strong environmental could be further from the truth. regulations that take risk and cost laws but they should be science-based, The fact is, as we approach Earth into account, that they start respect- based on what—we know we can im- Day and we celebrate a much cleaner ing property rights in America, that prove the environment, but based on environment for America, the fact is they start respecting the very people those who are expert in the field com- that we ought to reflect upon what we they are supposed to serve in America ing forward and telling us how can we fought for earlier this year, that some rather than ramming regulations down achieve that end. I think that is very of which remains yet undone and some their throat that sometimes do not important. of which needs to be accomplished in make sense. Certainly you hit an item on this session of Congress or the next. In short, we are looking for more ef- Superfund. We have seen since 1980 Now, one of that is regulatory re- fective environmentalism, more effec- when Superfund was first created, most form. Now, again, if you would listen tive regulatory structures that really of the funds have been spent unfortu- to that special order that just oc- work. We are looking for as much vol- nately not on the cleanups, which are April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3571 in some cases not that great a deal of is a bipartisan issue, because there is positive change with common sense, I money, but we have been fighting over no one party that is for the environ- think that is what the American people who the potentially responsible parties ment. Both parties are for the environ- want. They do not want to see anymore are under the Superfund law. So the ment and both the Congress and the rhetoric, they want results. I think by money is going into lawsuits instead of White House are for the environment. following the Tauzin plan, we will the cleanups. Now it is a question of how do we get achieve that. I think with the reform that you are up there. I think just as important as achiev- speaking to, that the House is going to Mr. TAUZIN. Yes, but you would not ing the protection of our environment, be addressing, it is going to finally get believe that by listening to some of as the gentleman has outlined, whether some of these cleanups going. Most of this debate on the floor. The fact of the it be Superfund or endangered species, the companies that have been involved matter is there are quite a number of clean water, clean air, we also need to want to do the cleanup, but they are in lobby groups in this town on both sides have FDA reform. I have been working court because of one party or the other of this equation who have very special with you and others on your Commit- is disputing what percentage of liabil- interests. There are environmental tee on Commerce, and I know the gen- ity they have. lobby groups who have very special in- tleman from Texas, GENE GREEN, was Mr. TAUZIN. Mr. Speaker, if the gen- terests in keeping a fight going, raising the task force chairman that the gen- tleman will continue to yield, why more money and fighting some more. tleman from Virginia, TOM BLILEY, has they do that, the reason they spend so There are other groups out here who appointed, and I am very excited about much time in court battling over li- obviously would like to not see any en- the progress we are going to make in ability, is that the current law as it is vironmental protection in the land. that area not only on the drugs and written has this so-called deep pockets Neither one is right. What we have to medical devices, but also in the food provision in it. So if you contributed 1 do is find the balance to make sure area, to make sure that we speed up percent of whatever is in that site, you that neither one of the lobby groups the approval of drugs and medical de- could be liable for 100 percent. If you sneak away with the issue and we vices so life-extending drugs and life- are caught having contributed that 1 never get anything done, but that in saving drugs will be approved more percent and you are told that the other fact Americans get a cleaner, quickly, because we do not want that parties are not found liable, you are healthier, and safer place to live in out technology or the work force or the going to have to cough it all up, you of this maze of regulation and legisla- jobs to be going overseas. We can keep are going to try your best to bring tion. it here, whether we reorganize FDA, them all to court and fight over that li- The bottom line is we ought to be that they need more people, or they ability forever. asking the simple question, does this need to be out of their morass of over- The result is the government spends work. If it does not work to bring us a regulation. We need to save lives. That the taxpayers’ dollars in that court- cleaner, healthier place, if it does not is what the name of the game is. With room, the private parties spend inter- work to save a species, if it does not FDA reform and environmental protec- minable amounts of time and money in work to really protect wetlands, then tion, we might find people living much that courtroom, and in the meantime let us build a better system. Let us longer and much better. the citizens out there waiting for the build one that makes common sense Mr. TAUZIN. Mr. Speaker, in all this cleanup to occur wait and wait and and works and delivers for Americans process of RDA reform, we have to wait, and the money is wasted and no what they are paying for, which is keep our eyes, again, on the ball. The cleanup occurs. That is what is wrong cleanup of hazardous sites, which is ball in this case is to make sure that with this system. It lacks common protection of endangered species, food products Americans enjoy are safe sense. which is protection of valuable wet- products. That has to be our pre- If we had a system, for example, that lands, and protection of the clean eminent goal. Our second preeminent said if you are known to have contrib- water and the air and the lands upon goal ought to be to make sure as we uted 20 percent and you are willing to which we live. If we deliver on that regulate good and drugs in America, put up your 20 percent cost up front promise, it will be the best bipartisan that we do have a climate where new without a legal fight, so we can take gift we can give to America, not only inventions and developments can reach that 20 percent and go start cleaning on this Earth Day, but on every Earth consumers as rapidly as possible after up that site, would that not make bet- Day. they have been appropriately tested, so ter common sense? But if you listen to some of the de- Americans do not have to run to other Mr. FOX of Pennsylvania. It cer- bate on this floor, I mean, you would countries to get treatments that tainly would. believe that some of us really do not should be available in America, so that Mr. TAUZIN. Of course it would. want clean air and clean water and a new devices and new drugs and new That is what we are trying to do in this clean place for our families. Nothing treatments can be available to citizens reform. In short, we are trying to bring could be further from the truth. The here, and so that in fact they can be commonsense environmentalism to fact is we all want it, we just disagree available at an early date to save a life America. We are not trying at all to on how to achieve it. We disagree on or prolong a life. back away from our commitment to how in fact to attain that good envi- FDA reform is critically needed in the environment. ronment for our families. that regard. I want to join you in the I believe, and I know most Members In the end, that is a debate that we hope that we can accomplish that be- of this House believe, that we are here ought to have, but we ought to do it fore the year is out. as guests on this planet and that we with a little less of this partisanship, a Mr. FOX of Pennsylvania. Mr. Speak- share it with other forms of life, and little less of this acrimonious sort of er, the average drug now might take 12 we all breathe the same air and drink name-calling and get-ready-for-the- years and $350 million to come to mar- the same water. We all cherish clean next-election, which seems to pre- ket. Some people cannot wait 12 years water and safe environments for our occupy this Chamber too much. to get that miracle life-extending drug, family. But we ought to have common- If we remember as we approach Earth and $350 million is a lot of money for a sense regulation out of this Federal Day that we have a common goal here company to invest without ever get- Government, and very often we do not. to make regulations work for the good ting approval. We end up wasting the money, the pre- not only of our environment but for Mr. TAUZIN. Guess what, too, after cious dollars that ought to go to clean- the citizens who live in it, then I think they have invested 12 years in that ing up places in America and making it we will be on solid ground. drug and $350 million, where do you a safer, healthier place for our chil- Mr. FOX of Pennsylvania. I think we think they get that money from? It dren. will. goes into a much higher costing drug Mr. FOX of Pennsylvania. I think Mr. Speaker, I think the gentleman’s that Americans may need to save their what we need to do is to work with the approach, which is one that is global, lives or prolong their lives. EPA, work with the advocacy groups, that is pro-environment, pro-people, If we can simply have a better proc- with our colleagues, to make sure this and one that is going to bring about ess that does not take 12 years, that H3572 CONGRESSIONAL RECORD — HOUSE April 17, 1996 does not cost $350 million, we will also us, went home and had town meetings, So in some respects, I think baby be providing life-saving and life-pro- the gentleman from Louisiana [Mr. boomers stand on the hinges of history. longing drugs and treatments to Amer- TAUZIN], and I suspect you did as well. I think we have a moral responsibility icans at more decent prices, which is a One of the most frustrating things that to seniors to make sure they get the critical component of our health care I found was how many times what we kind of care and benefits they are enti- reforms. We hope to accomplish again really have accomplished, what has tled to, but on the other hand, if we some of that this year. really happened in this Congress, has allow the system—as my grandmother Mr. FOX of Pennsylvania. The work been in some respects misrepresented used to say, if you always do what you that has been done so far by the gen- by some of our adversaries and not al- have always done, you will always get tleman from Texas, JOE BARTON, the ways accurately reported by the press. what you have always gotten. What we gentleman from Wisconsin, SCOTT As a matter of fact, one of the things have got is a system that is going KLUG, and, as well, the work of the we did in our town meetings, talking bankrupt. gentleman from North Carolina, RICH- about reform and saving the Medicare Frankly, I think we have a moral re- ARD BURR, they have been appointed system, it has been difficult some- sponsibility to do what is right, to save along with the gentleman from Penn- times, because we have to go over the the system, not only for current sen- sylvania, JIM GREENWOOD, in your com- same ground, and I found in my town iors but for future generations of sen- mittee to move this initiative forward. meetings where we could explain ex- iors. I am proud to say this Congress I am very much heartened that it has actly how much we are spending today has been tackling that issue head on, been a bipartisan area of legislation. in Medicare, how much we are propos- and by using competitive forces, some I think besides the environmental ing to spend in Medicare, and it goes of the marketplace changes that are protections you have discussed and from about $161 billion in fiscal year happening out there in health care some of the pro-jobs things we have 1995 to $247 billion in the year 2002. today, we can save Medicare. The same Once people get those numbers, some also discussed, getting FDA reform this is true with the environment. of them actually scratch their heads year is one of the most important areas One of my favorite Presidents was and say, ‘‘Well, wait a second, I keep in which I think that we have accom- John Kennedy. He said that we all in- hearing you are cutting Medicare,’’ plishment. habit this same small planet, we all when in fact we are making big in- Mr. TAUZIN. Mr. Speaker, I would breathe the same air, and we all cher- creases in Medicare. As a matter of ask the gentleman, did he mention the ish our children’s future. fact, a few say, ‘‘GIL, maybe that is success this House had in passing a true, you go from $161 billion to $247; b 1930 health care reform bill this year? That yes, that is probably an increase, but if came from our committee as well. For I might add, parenthetically, we are you divide it by the number of seniors, the first time, we finally got a bill out all environmentalists. Is there anyone there are going to be more seniors in 7 of this House that deals with the ter- who does not want clean air and clean years than there are today, so what is rible issue of portability, as Americans water for their kids? I do not think that number?’’ That number is $4,800, move from job to job and lose their in- there is anybody. But the question is, and it goes to over $7,100 in just 7 surance. will we continue to impose $50 solu- years. tions, Washington-based solutions on This bill now says you can take your Mr. TAUZIN. Even accounting for insurance with you when you move those problems out in the States and the increase in seniors. the districts? jobs. It also takes care of this terrible Mr. GUTKNECHT. Exactly. That I think if we work together, if we problem of preexisting conditions. takes into account all the new seniors have an honest dialog, we can have a When you move from one job to the that are coming. One of the things that cleaner environment, we can have a next, you might not have been able to I found that really began to get peo- balanced budget, we can have a lot of get insurance for the thing you had, ple’s attention is when I would stop these things we are talking about, be- that you had coverage for at your old after I had made that presentation, cause we have got to get the whole no- job. giving the real numbers and our budget That bill dealt with that preexisting numbers, and said if we do this we can tion that all good ideas reside in Wash- condition problem, and made other save the system. If we continue to do ington, we have got to get that out of good cost-saving reforms in mal- what we have always done, the system our system, because it has not worked. practice insurance, in paperwork re- goes bankrupt. The evidence is overwhelming. form, waste, fraud and abuse. It was Then I would always tell them that I In fact, if Washington-based solu- the first real targeted effort to begin was born in 1951, and that may not be tions worked, Washington, DC, would the process of reforming insurance for significant, but when I graduated from be the most efficiently run city in the medical care in America, and reform- college, the Speaker at our commence- world, and we all know that is not true, ing the availability and affordability of ment address was the director of the because we live here. We see it every those systems for more Americans. U.S. Census. He told us something that day. There is a lot of common sense in Mr. FOX of Pennsylvania. While still day that I think is very important. He Louisiana, in Pennsylvania, in Min- retaining the choice of doctor and hos- said that there were more babies born nesota, all over this country. We have pital for each patient. in 1951 than any other year. We are the got to tap into it. Mr. Speaker, I would like to have the peak of the baby boomers. There are So I am proud of what we have done gentleman from Minnesota, Mr. GIL more people right now 45, and, well, in the 104th Congress, I think we are GUTNECHT, join us in this dialog. It is that has probably changed somewhat, doing the right things, making the re- very important. He has been one of the but at that time there were more peo- forms that need to happen. I must con- very hardworking reformers in this ple 22 than any other single age. fess that we have not always commu- 104th Congress, trying to make sure we Both of my parents are living, and nicated very well, but we have got to move forward in our agenda to be re- God bless them, I am happy to have my do a better job of that. sponsive to the American people, and I parents both living and we are de- I think once the American people un- thought he might want to join us. lighted, and it is a blessing to have derstand what we are trying to do and I yield to him for the purpose of giv- them with us. They are both on Social how we are trying to do it, to decen- ing his reflections on where we have Security, they are both on Medicare. tralize the bureaucracy, put more of been up until this point and where he As a baby boomer, I feel that I have a the decision-making back in the dis- might see us going for the remainder of moral responsibility to my parents. tricts and in the States and in the the 104th Congress. But on the other hand, I have three hands of individuals, all sharing the Mr. GUTKNECHT. Mr. Speaker, I teenagers. I have a moral responsibil- same goals, I think we are going to thank the gentleman from Pennsylva- ity to them, too. I think we ought to change the course of history. I think nia for yielding to me. offer them the same kind of opportuni- once the American people understand Mr. Speaker, it has been a privilege ties, the same opportunities of the kind that, they are going to be far more sup- to be part of this 104th Congress. The of standard of living which we enjoy portive than sometimes the polls show gentleman and I, and I think most of today. them. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3573

Mr. TAUZIN. I want to thank the We also want to take the medical tleman from Louisiana [Mr. TAUZIN] gentleman for joining us and congratu- education, now part of Medicare, for di- have been the leadership point for, and late him on an excellent statement. rect and indirect costs for interns and I think it is very important and worth My mother is on Medicare. I got a residents, a very valuable program but repeating, is that we are also trying to wonderful call from her just today tell- it should be a separate line item in the make sure we have enough funds for in- ing me that she is finally out of the government. We should make sure that home services. While people are living hospital, been discharged, doing well. those dollars also go to Medicare for longer and better, we want them to live She is a twice cancer survivor on Medi- seniors. longer at home and less in a nursing care. Do not think for a second that I We want to see paperwork reduction care situation for as long as we can put am going to not do everything I can to from 12 percent of Medicare costs to 2 that off by having additional funds for make sure Medicare does not go bank- percent while still offering Medisave in-home services. rupt, for her and for everybody’s moth- accounts and managed care for Medi- And also I think what is very impor- er and father that we cherish and love care. tant is that we are spending money, as much as I love my own mother. Doing all that together, we are talk- and it should be, on women’s health The bottom line is, we cannot let ing about a 7.5-percent increase a year care initiatives. That is a very impor- that system go bankrupt. If we do not for Medicare, double the rate of infla- tant program that we in a bipartisan face that problem head on, as the gen- tion. And frankly, knowing the biparti- fashion are trying to move forward, ad- tleman has said, and provide new solu- san House we have here now, if we need ditional funding of research for tions for it while at the same time in- to make increases in Medicare, we will osteoporosis, for cardiovascular dis- creasing the benefits per beneficiary, do it. eases, for cancer, for uterine, ovarian, as our plan did, and preserve for every But to have people say through dem- and breast cancer, additional research Medicare recipient the right to go to agoguery or rhetoric that any one in that area as well as for menopause. the doctor of their own choice and to party does not want to do what is right We are also talking about, instead of stay in the Medicare system if that is for seniors is absolutely wrong, because having every other year under Medi- what they choose, if we do not do that we are looking for increases here to care for mammograms, doing them kind of a reform, how are we going to make sure Medicare works but get that yearly. save this system? fraud, waste, and abuse out of it, be- Those are the kinds of changes this And if we do not save it, 7 years from cause I want to make sure those dol- Congress is moving forward on because now, when it is about to go bankrupt, lars are being spent for seniors’ health we want to make sure our seniors and are we going to let that happen? No. care and not for a provider to become others are living longer and living bet- We know what is going to happen rich. ter. around here. There will be a doubling Mr. TAUZIN. The gentleman from Mr. GUTKNECHT. This is part of the of the payroll taxes to save it, and then Pennsylvania [Mr. FOX] said something frustration, the list that the gentleman the next generation will be threatened worth repeating. At one of the town just went through. I suspect most with bankruptcy. We will have been hall meetings during the break, it hap- Americans, particularly American imposing an undue burden on the chil- pened to occur on the 4-year anniver- women, do not know how much this dren and grandchildren to save a sys- sary of my father’s death. I spent that Congress has really done. It is so frus- tem that we should have saved and morning with my mother. trating because it seems to me—and I could have saved today, and the gen- We recalled together how one of the do not mean to be critical of the press tleman is so right in that regard. things my dad had always asked me to but maybe I guess I am—these are the When it comes to the business of try to do as his Congressman, as his kinds of things that need to be re- finding common sense in America, I son and friend, was to do something ported more, and frankly too many agree with him. The best common about that awful income earnings limi- Americans do not know how much this sense resides in those town hall meet- tations that we put on seniors under Congress has accomplished. ings back home. That is where I really Social Security. My father was living But, again, I am proud of the 104th learn the truth about many of the is- under Social Security until his death, Congress. This has been a can-do Con- sues we debate here in Washington. and the idea that we told him and gress from the very first day. The gen- That is where folks really tell us how other seniors, ‘‘Don’t go try to earn tleman from Pennsylvania [Mr. FOX] the real world works and where the more money to have a good life, be- remembers as I do that very first day, good ideas are, and more of us I think cause we’re going to take your Social and the gentleman from Louisiana [Mr. ought to spend time in those town hall Security away if you dare go out and TAUZIN] was on the other side of the meetings and less time here in Wash- continue to work,’’ was an insult to aisle that day, but it is great to have ington. him. him with us now. Mr. FOX of Pennsylvania. They do One of the sterling accomplishments But the point is that from the very not feel any qualms about telling us of this Congress has been to raise that first day, we were enacting reforms where to go and how to get there. That earned income limitation now to which a lot of people, and I am sure the is good. That is how we learn. $30,000, so now seniors can earn up to gentleman from Louisiana [Mr. TAU- But let me say this about the Medi- $30,000 without affecting their Social ZIN] included, had been trying to get care situation. We are the individuals Security check. I remember telling the reformed here in this Congress for in the majority party that said, look, audience that night, I said, ‘‘Dad, this many, many years. The very first bill, we think seniors are very important. one’s for you.’’ H.R. 1, the Congressional Accountabil- We want to roll back that unfair 1993 This one is for all the seniors who ity Act, the Shays Act, to make Con- tax on Social Security. We passed a bill have been asking us to do that for so gress abide by the same laws as every- to that effect. We are the ones who long, and to stop this awful tax on body else. said, look, we want to raise the income their Social Security benefits that was We actually for the first time in I do eligibility from $11,280 without deduc- imposed during the early years of the not know how many years had an audit tions from Social Security for those Clinton administration, and this House of the Congress, and frankly what the under 70 to $30,000 a year. We passed did that. It has repealed the tax on the auditors found was, this Congress itself that. Social Security checks that seniors get has not been very good at managing its We are the same ones who are saying, around the country. I hope, frankly, we own funds and has not been very ac- look, we love our seniors, want to can see that enacted into law in a countable for its own funds. If we look make sure they live long and well, as much bigger income tax reform that all at item after item, this Congress has long as possible, but what we want to Americans can benefit from before this really changed the course of history make sure of is we take out the waste, Congress is over. and we have changed the nature of the fraud, and abuse in the system, $30 mil- Mr. FOX of Pennsylvania. One of the debate in this body. lion a year, and make sure we keep other areas we are working on for sen- Frankly, it is frustrating sometimes those savings for health care only, not iors that the gentleman from Min- to go home and have to re-explain that, to go somewhere else in the budget. nesota [Mr. GUTKNECHT] and the gen- because I think in some respects the H3574 CONGRESSIONAL RECORD — HOUSE April 17, 1996 press has done such a miserable job, in have, what is the maximum amount payer will have an advocate at the IRS my opinion, of telling how many good the Federal Government ought to get who will intervene on their behalf. It things this Congress has done, and so and what is the simplest way, the most waives the interest charges and pen- sometimes it is very frustrating for us efficient way for the Federal Govern- alties when the IRS is at fault. It ex- to have to go back and tell the story. ment to raise the revenue. tends time for taxpayers to pay delin- But on the other hand, I guess that is I congratulate the gentleman. His quent taxes without being subject to part of our job, as well, to talk about presentation at noon was one of the interest charges from 10 to 21 days. It what is happening. best I had ever heard. I congratulate expands measures to protect rights of Frankly, let us also admit we have the gentleman from Colorado [Mr. divorced filers. It provides the IRS made some mistakes. That is part of SCHAEFER] and the gentleman from with authority to return levied prop- being a democracy, that is part of a Michigan [Mr. CHRYSLER], as well, be- erty. It increases the maximum award democratic republic. We are going to cause they have all been working to- amount from $100,000 to $1 million for make mistakes, but I think on balance gether. In fact, when they started on reckless collection actions by IRS, and I am proud of the record of accomplish- that proposal it was clearly bipartisan. establishes accountability by requiring ment of this Congress. We hope to encourage more Democrats the IRS to file an annual report to the It has been a Congress that has been to join that debate as well. tax writing committees, of which the dedicated to reform, whether it was Mr. TAUZIN. I thank the gentleman. gentleman is a part, documenting mis- welfare reform, Medicare reform, Med- One of the reasons why I think this has conduct by IRS employees. icaid reform, or even reforming the been a do-something Congress that has So I think that it does take for the way we keep our environment clean been unrecognized is that much of first time a bold step, saying, sure, and pure. We have been willing to take what we have done and completed went there are good employees at IRS, we a look and take some of the tough to the White House and got vetoed. We are not saying that. We are saying we votes, take some of the criticism, be- have got to remember that. want a system that is fairer. They are cause I think in the long light at the We did pass Medicare reform through doing their job. We are saying we want end of the tunnel, at the end of the both houses of this Congress and it got to make sure that the taxpayers also day, I think the American people will vetoed. We did pass a balanced budget have rights, they also are heard, and look back and say, hey, they were bill for this country and it got vetoed. not treated as a number but as people doing the right things, moving in the We passed a Medicaid reform bill and it who want to pay their fair share, want right directions, taking power away got vetoed. We passed welfare reform to pay it but they want to make sure from Washington, decentralizing, using twice and it got vetoed. We passed they have their rights protected. That market forces wherever possible and product liability reform and it is sched- is what this law does in a very strong ultimately trying to get more services, uled to get vetoed. way for the first time. more good, more bang for the buck for We had a liability reform bill dealing Mr. GUTKNECHT. I think if I could the taxpayers who pay the bill. with securities laws. That got vetoed. jump in here, I think the Taxpayer Bill I am proud of this Congress. I am de- We mustered a two-thirds majority to of Rights is a giant step in the right di- lighted to have the gentleman from override on that one, but most of these rection, but ultimately what we need is Louisiana [Mr. TAUZIN] with us as a Re- bills have been vetoed. We do not have a much simpler tax system than we publican. The gentleman gave a great a two-thirds majority to override. have today. presentation at noon for the consump- But this Congress has produced and b 1945 tion tax, sales tax, whatever we want believe me, if we could, this Congress to call it. I think that is another issue. would produce a complete repeal of the The idea that Americans are spend- We saw on April 15 the American peo- IRS and the income tax, as our bill ing six billion hours, are intimidated ple have had enough with our current would do, and the whole mess of guilty by an agency that has 110,000 employ- tax system. I do not want to take too until proven innocent and double tax- ees, that idea is an idea whose time has much of the time, but 6 billion man ation and the awful mess the IRS has passed. The idea whose time has come hours are invested in keeping records created for this country. If we could is a much simpler tax system, whether and filling out forms for the IRS. appeal it this year and substitute an it be the consumption tax, whether it Frankly, the time has come for all alternative tax system that was fair be a flat tax, or whatever. I am not cer- Americans, we need a national tea and made sense for Americans, I would tain what the right answer right now party, because this country was found- love to see it done this year. is. Representative TAUZIN does a beau- ed by tax protesters who said enough is We have at least put an idea on the tiful job. I hope he will have some spe- enough. table. That is part of what this Con- cial orders between now and the end of Six billion man-hours, and put that gress has been all about, putting new summer so the American people can in perspective. That is how many man- ideas, new reform concepts on the begin to understand what we are really hours that are used to build every car, table, passing many of them, as the talking about, what the problem is, every truck, and every airplane built in gentlemen from Pennsylvania [Mr. and how your particular solution will the United States. That is how much FOX] has pointed out, some of which address that. time is spent just keeping records and has become law, many of which we are But I think we need that national filling out forms for the IRS. We have still fighting over because they have dialogue, and ultimately what we need had example after example. Money been vetoed. But we are going to keep is a much simpler tax. Frankly, the Magazine has surveyed, you can go to up that fight until we win those re- taxpayers Bill of Rights does begin to 50 different tax professionals, you can forms. level the playing field. Because here- go to 3 different IRS offices and get dif- Mr. FOX of Pennsylvania. I think the tofore the IRS had a huge advantage ferent answers from all of them. people driving it frankly are the people and they used the power of intimida- The truth of the matter is, we all back home. They are saying they want tion over individuals. know that the system we have in terms a simpler, fairer, flatter tax. They also Mr. TAUZIN. Think about it, there is of collecting revenue for the Federal say they want the IRS to be changed. no other place in America, not even Government is broken. We have had Some want to eliminate it, to be sure. our Federal courts, where you go and the courage, the gentleman from Lou- But the Taxpayer Bill of Rights which you are presumed guilty. Even in Fed- isiana [Mr. TAUZIN], the gentleman the gentleman has been active on, with eral criminal court you are presumed from Michigan [Mr. CHRYSLER], and the gentlewoman from Connecticut innocent, and until the State proves others have had the courage to take [Mrs. JOHNSON], is going to provide, I you guilty you walk out a free person. this issue on, go forward and begin to think, part of the first antidote for the With the IRS, you are presumed guilty put some programs on the table, some problem. until you prove yourself innocent. bills on the table, so we can have a na- Mr. TAUZIN. That was passed yester- What an awful type of situation Ameri- tional debate, a national dialogue, and day with a huge bipartisan majority. cans find themselves in. really come to a conclusion in terms of Mr. FOX of Pennsylvania. And it pro- Worse than that, as you know JON, what kind of tax policy we ought to vides, if I recall correctly, that the tax- the IRS is a double taxation system. April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3575 Not only does it tax your income, but What we recommend is to pull the four times as much as the tax liability, every time you buy anything made in IRS and the income tax out by its spending it on paperwork and account- America, you are paying the tax of roots, to get rid of the whole mess, to ants and auditors, then something is every business that contributed to the throw away the inheritance and gift wrong in America. We have got an inef- manufacture of that product. Econo- taxes along with it, and substitute a ficient system. mists tell us that could be a hidden tax simple national retail sales tax at the If it does say to people ‘‘Do not come of between 10 and 14 percent on the end of every purchase, providing a com- do business with this government,’’ we price of everything made in America. plete rebate to incomes under the pov- are locking out people that could be Unfortunately, we do not charge that erty level, so that no one is hurt under doing business for us, perhaps in a tax to products imported. So, guess poverty, and providing the same treat- much more efficient way than our cur- what? We import more products. ment for home ownership the current rent vendors, our current suppliers. It is a system that tells us do not code does to encourage families to own That ought to get changed. earn money, do not save money, do not their homes and build their families Mr. FOX of Pennsylvania. It is just invest because we are going to penalize here in America. as important as the tax reform. you, do not try to leave anything for It is an awfully interesting concept, Mr. GUTKNECHT. I was going to say, your kids because we got inheritance but it is only one of many. The Com- whether you are talking about tax re- and gift taxes that will catch you then. mittee on Ways and Means is going to form, health care reform, Medicare re- Even when you spend money, you bet- look at them all and hopefully report form, welfare reform, reforming the ter buy foreign products, because if you to the American people by October way Congress does business, opening up buy anything made in America, we are which one they think makes the best the process, really what this debate is going to double tax you. sense, and we will have this debate about is whose country is it, and whose It is a horrible system, and it is time next Congress. government is it, and who is in charge, we think about changing it for the Mr. FOX of Pennsylvania. I think and whose money is it? And for too good of every taxpayer; but, more im- Congressman GUTKNECHT and Congress- long we have sort of taken, or our pred- portantly, for every wage earner and man TAUZIN, as much as it is important ecessors have taken the attitude in every business in America that would to reform the tax structure, and, be- Washington that it is Washington’s like to manufacture things here in- lieve me, the American people want money and Washington’s government. stead of manufacturing them all over that, they also want to make sure we One of my favorite Presidents once observed we are a people with a govern- the world. have a more business friendly Congress If we have that debate, honestly and ment, and not the other way around. and business friendly government. forthrightly and in a bipartisan fash- What I am talking about now is peo- And really all of these reforms are ion, to make sure whatever we sub- ple who have tried to deal with the about opening up the process. The stitute for this system is indeed a fair Federal Government to do work. I had beauty of this Congress is for the first system, it is simpler, makes better a gentleman who has a business in my time we are having honest and healthy sense, does not double tax us, does not debates about what kind of a Medicare district that wants to do business with tax American products only, but taxes system we are going to have, what kind the Federal Government, but he had fairly all products in our society, so we of welfare system should we have? 187 pages he had to fill out for a $25,000 can encourage manufacturing again, if We have agreed that the problem contract. He had to hire an accountant, we have that debate as part of this with our welfare system is not that it an attorney, and an engineer to assist agenda to do something in this Con- costs so much money. The problem him in that regard. gress, move these reforms forward, I with our welfare system in America I do not think we are not a business will feel a lot better than I do already today is that it costs too much in friendly government if we cannot fig- about a Congress that has made some human potential. We have created de- ure out a way to make sure that we en- great progress to this date. pendency. courage people to be vendors, those Mr. FOX of Pennsylvania. If I can When Representative TAUZIN talks who can come forward with their Gov- ask you, Mr. TAUZIN, beyond the dis- about our tax system, it is a system cussion we had on flat tax, with or ernment, give a quality product, and riddled with perverse incentives. without deductions for mortgage, the try to sell it to the Government on a Throughout all of our programs, it is a Armey and Specter versions, as well as bid process. system of perverse incentives. No good the Forbes version, and the consump- I am talking about getting the best deed goes unpunished. Frankly, it is tion tax and national sales tax, what product for the lowest price. Well, he wrong, and the America people know it other programs are your committees may have had the best product, but the is wrong. looking at as far as tax reform? Federal Government will never have If there is a reform party, I think Mr. TAUZIN. The Committee on the chance to buy it, because he did once the American people get a chance Ways and Means is the committee not want to go through 187 pages of pa- to look at these issues, what has really doing it. I do not actually serve on it. perwork. happened in the 104th Congress, how BILL ARCHER is the Chair, and we are So I think that has to be part of our the process has been opened up, how we working closely with BILL. Mr. ARCHER initiative, to make sure this is a gov- finally had honest debates about real actually supports this consumption tax ernment that works leaner and works reform, returning more power back to concept. But he is not making that de- better. the people, I think they will agree that cision right now. Mr. TAUZIN. Indeed, to go back to there is a reform party in the United What he is doing is the right thing. taxes, the Kemp Commission reported States of America, and it is our party, He is going to hold hearings on this that the average small business in and it is this party that forged those proposal for a national sales tax. He is America spends $4 complying with the reforms, it is this freshman class, if going to hold hearings on the Armey Tax Codes for every $1 they send the you will, that has really forced the flat tax proposal. He will hold hearings Federal Government. Think about agenda to make those changes, to on alternative proposals, such as the that, when our forms and our regula- change the attitudes in Washington, value added tax or anything anybody tions are so complex that you have got and begin the process of giving the peo- wants to come up with. to hire so many accountants and go ple the power back. And that is what By October, the Committee on Ways through so much paperwork to send this Congress is about. and Means will report to the American the Government $1 you have got to I hope that as we go forward, we will public. Hopefully the candidates for spend $4 in your business. And guess have more opportunities this spring to President will join in that debate, and who pays all of that? The consumer have this kind of a dialog, this kind of by next Congress, maybe we can have does in the end. When our systems are a discussion, because I believe facts are an American tea party, and Americans so complex that people cannot bid to our friends, and once the American can express themselves and dump this do Government work because they can- people have the facts, whether it is whole system into the Boston Harbor not get through the bureaucracy and about our budget, about Medicare, and rewrite something that makes the paperwork, when businesses cannot about tax reform, all of those other is- sense for Americans again. even pay their taxes without spending sues, I think it makes it very easy for H3576 CONGRESSIONAL RECORD — HOUSE April 17, 1996 us to win the debate, for them to win never forget the day after this Con- forms that they have worked for, but the debate, because facts are our gress started, I was out in the hall, out- in trying to forge a bipartisan agenda, friends and, as John Adams said, side the House chambers, and a re- one that is going to make this Con- ‘‘Facts are stubborn things.’’ porter came up to DICK ARMEY, the ma- gress continue to be pro-jobs, pro-re- Mr. TAUZIN. You know, the fresh- jority leader of the House Republican form, anti-tax, and one that relies men, JON, all of you guys, have taken Conference, and she said to him, ‘‘How more on the individual responsibility a lot of heat in the press, being too does it feel now that the American peo- and relying on the fact that the Gov- hardnosed, too rigid, inflexible. The ple have given you all this power?’’ ernment does not run the country, the truth is, the freshmen came to this And he said something very important people do, and they do lend us that re- House with a very refreshing concept. and very profound. He said, ‘‘The sponsibility and that authority to act It was a concept that the Government American people did not give us power. in their behalf. ought to be our servant, not our mas- They gave us responsibility. They So while we want to see term limits, ter. And you came with a simple notion loaned us power.’’ we want to make sure the time we are that we needed to make Government That is part of the attitude I think here is made valuable, because what we user friendly again. It needed to be re- reflected in this Congress. The Amer- have done is made positive changes. sponsive to people and helpful to peo- ican people have given us responsibil- That will always be our guiding ple, instead of control and mandating ity. For as long as we have that respon- thought. and, indeed, inaccessible to people be- sibility, I think particularly speaking I thank you for letting us have this cause its formularies and regulations on behalf of the freshmen, we are going time period, Mr. Speaker, to have this were too difficult for people to under- to do everything we can to give the dialogue. We will return again to give a stand. It is a very refreshing attitude. power back to them, because we know further review in the future. We appre- I often comment to folks back home, that ultimately here in the United ciate the input of our colleagues, from thank God we have a huge crop of States it is the people who are sov- our constituents and the American freshmen that have that attitude. I ereign. For too long, they felt as if people. think it is great that we have the infu- there was a government that had the f sion of new ideas and new thought. We people, rather than a people with a b 2000 have seen it in the form of a willing- government. ness to tackle issues that sometimes Frankly, I think we are bringing TRIBUTE TO A TRUE PATRIOT, no one wanted to tackle before; to face fresh attitudes, I think we are willing RON BROWN head on the crush and calamity of Med- to tackle the tough issues. Have we The SPEAKER pro tempore (Mr. icare collapsing into bankruptcy and to done everything right. No. Have we METCALF). Under the Speaker’s an- try to deal with it, to face head on the made mistake? Yes. We may make mis- nounced policy of May 12, 1995, the gen- fact we have got a welfare system that takes in the future. But we are always tleman from New Jersey [Mr. PAYNE] is is condemning people to dependency, guided by the basic notion that it is recognized for 60 minutes. instead of rescuing them from depend- the people who are sovereign, and we ency; to face head on the fact that GENERAL LEAVE work for them, and ultimately we have Medicaid in our country is about to Mr. PAYNE of new Jersey. Mr. a responsibility to this generation, but, cripple the ability of our States to take Speaker, I ask unanimous consent that more importantly, to the next genera- care of people who are uninsured and all Members may have 5 legislative tion as well. days within which to revise and extend need the assistance of others for their So I want to thank Representative health care; and to face head on com- their remarks on and include therein TAUZIN and Representative FOX. It has extraneous material on the subject of plex issues like immigration policy, been a great special order. We need to and issues like, indeed, environmental the special order today by the gen- do this more often. As I said earlier, reform, which are very contentious and tleman from New Jersey [Mr. facts are our friends. PALLONE]. very difficult to debate sometimes. Mr. TAUZIN. I just want to reecho Freshmen, in my view, have added a The SPEAKER pro tempore. Is there that thought, that this is the people’s great deal to this Congress, and I am objection to the request of the gen- House, and in this House the people glad you are here. tleman from New Jersey? Mr. FOX of Pennsylvania. Congress- rule. That is an awfully statesmanlike There was no objection. approach to take, and it is surprising, Mr. PAYNE of New Jersey. Mr. man TAUZIN, we certainly appreciate the fact you are an honorary freshman, indeed, that more folks do not realize Speaker, as chairman of the Congres- you have joined us in that regard, be- that in this Chamber. sional Black Caucus, I wanted to take cause your enthusiasm to find biparti- In the end, when we go back to the some time this evening to pay tribute san solutions and work to make a posi- town hall meetings back home, we are to a man so many of us knew as a great tive difference is what I think all the asked a simple question: Have you ad- friend and a real true patriot. Sec- Congress is about. vanced an American agenda? Not a retary of Commerce Ron Brown was a You would not be here and would not Democrat or Republican agenda. Have person we all knew and loved. So many have the privilege of serving if you you advanced the cause of this coun- people across this Nation have been in- could not make a positive difference. try? Have you made it a place where spired by Ron Brown, it is fitting that The thing we have to do is make sure there is more liberty, instead of less we celebrated his remarkable life and we continue listening back home. Back liberty? Have you made it a place legacy. home are the best ideas on keeping where we can advance our family’s fu- Even in the midst of our grief over costs down, on keeping government ac- ture more easy instead of more dif- his untimely passing, we recognize that countable for what they want, and to ficult. Have you made this a place Ron was the kind of person who would make sure we in fact have a govern- where indeed our children can have a want to be remembered for how he ment that is user friendly. In that re- brighter future than we ourselves lived his life rather than how he died. gard, for any final comments Congress- have? It has been said that a man’s reach man GUTKNECHT may have? If we can say yes to all of those ques- should exceed his grasp. Throughout Mr. GUTKNECHT. I thank the gen- tions, then we can go home proud and Ron Brown’s wonderful life he kept tleman from Pennsylvania and Louisi- pleased with the work we have done reaching, seizing each challenge with ana for the special order. I appreciate here. I think we are well on the way. boundless confidence, with enthusiasm, the opportunity to participate. I want We have accomplished a lot. We have a with energy, with vision. Both in the to thank you for the kind words about lot left to do. But I think this ‘‘do private sector and in the public life he the freshmen. I think in many respects, something’’ Congress will be heard displayed that all-American can-do at- though, the freshmen just represent from much more in the days ahead. titude, refusing even to entertain the the common sense values and views of Mr. FOX of Pennsylvania. I want to thought that any obstacles would be the American people. thank Congressman GUTKNECHT and insurmountable. This Congress started with a lot of Congressman TAUZIN for their leader- It was this spirit that won him so excitement and fanfare, but I will ship, not only in presenting the re- many firsts. First black fraternity April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3577 member at Middlebury College. First Judiciary, he served as director of the for having this special order. I rise to black to hold the position of Chief California for Kennedy committee and add my voice to the multitude of voices Counsel of the U.S. Senate. First black later organized for Jesse Jackson’s run singing the praises of Ron Brown. With partner at Patton, Boggs & Blow, and for President. all that has been said about him in the then on to becoming the first black Another point that needs to be made, last 12 days, some may feel that all chairman of the Democratic Party be- in this era when it is popular in some that needs to be said has already been fore being appointed by President Clin- quarters to bash those who work for said; but as we frequently say, all that ton as the first black Secretary of the Federal Government, that Ron need to say it have not already said it. Commerce. Brown and those who perished with The fact is that we have all been af- Yet it was typical of Ron Brown that him out there, risking their lives under fected by Ron Brown’s life in general even as he built racial coalitions, he very dangerous conditions on a mission and in unique ways, and feel the need downplayed the significance of race as to improve the lives of people in Bosnia to ensure that the record of his life and he sought to take on new challenges in and to promote American products, his good works reflects some of those his life. He said that race was not im- American business opportunities in unique contributions. portant as an obstacle. He simply said order to create American jobs. For example, Mr. Speaker, the New- he can continue to move on up a little Secretary Brown and his staff worked port News shipyard in the Third Con- higher. tirelessly over the years bringing in gressional District of Virginia, which I I remember back in 1988, when I was billions and billions of dollars of con- represent, was a beneficiary of his good a member of the Newark City Council tracts to Americans. Let us hope that works. Even before the collapse of the and seeking election to the house of out of respect for the victims and their cold war, the shipyard knew it needed Representatives, Ron Brown was cam- families this unfair debasing of Federal to diversify its business portfolio be- paigning at that time to become chair- employees for cheap political mileage yond just military shipbuilding, so it man of the Democratic National Com- will cease. began to revive its commercial ship- mittee. I traveled to Washington with Let me take a moment to pay tribute building program. the New Jersey Chamber of Commerce to the victims of the tragedy who were Ron Brown stood ready when called early in February 1988 to their annual connected to my home State of New upon to help the Newport News Ship- legislative visit, when we talked to leg- Jersey who were on that ill-fated trip yard, just as he had helped so many islators here and talked about policies that day. We are proud of their service other businesses before. For the New- for our State. During my stay I intro- and extend deepest sympathies to their port News Shipyard, he took Pat Phil- duced our State Democratic chairman, families. lips, the former president of the ship- Ray Durkin, to Ron Brown, knowing Lee Jackson, who was born in yard, to the Middle East to meet with that Ron was seeking the office of Montclair, NJ, part of my district, was business and government leaders in Is- chairman of the Democratic National Executive Director of the European rael, Egypt, Kuwait, and the United Committee. Bank for Reconstruction and Develop- Arab Emirates to market the frigate After hearing Ron’s ideas and observ- ment at the Treasury Department. He ship program, and they were very suc- ing his enthusiasm and his approach to was a young, bright African-American cessful. Bill Fricks, the current presi- problem solving and his enthusiasm fellow whose father was a former news- dent of the shipyard, stated upon the and his approach to problem solving paper person, who, as a matter of fact, news of Ron’s death that, and I quote: and his vision, the State Democratic was a very close friend of my Newark Ron Brown was a great advocate of our chairman, Ray Durkin, made a decision district office manager. We sat, Rick yard and voiced his support for Newport right on the spot to support Ron Thigpen and myself, watching the tele- News Shipyard and other Tenneco subsidi- Brown. He said this is the man we need vision, very saddened, awaiting the aries during numerous trade missions over- to lead our party. news from over in Croatia. seas. Not only an advocate of stronger inter- I was pleased when our New Jersey Another person on that flight from national ties, Brown was also a friend of U.S. Senator, BILL BRADLEY, imme- New Jersey, Claudio Elia, was chair- Newport News Shipyard. He will truly be diately came on board to join in for the man and chief executive of Air and missed. backing of Ron Brown to become the Water Technologies Corp. in Mr. Speaker, there have been a lot of chairman of the Democratic National Branchburg, NJ. words used to describe Ron Brown and Committee. In fact, New Jersey was Walter Murphy was vice president of his life: trailblazer, bridgebuilder, the first State to endorse Secretary global sales at AT&T Submarine Sys- fence mender, power broker, coalition Brown when he made his run for the tems in Morristown, NJ. builder, energizer, visionary, humani- chairmanship of the Democratic Na- Our State also lost two young people tarian, public servant, crusader, law- tional Committee. who were serving our country in the yer, businessman, politician, husband, Ron Brown did not run a narrow cam- military, as Secretary Ron Brown had father, friend; all extraordinaire. And paign based on race, he reached out to done as a young U.S. Army captain to this descriptive list I have to add a wide range of Americans, as he al- early in his life. S. Sgt. Robert shipbuilder and a friend of the Third ways did in his life, ultimately con- Farrington, Jr., was from Brierfield, Congressional District of Virginia. We vincing the electorate to return the NJ; and T. Sgt. Cheryl Turnege lived in are all grateful for his life and his con- White House to the Democratic party Lakehurst before she joined the Air tributions and for the lives and con- for the first time in over a decade. As Force. tributions of those who were with him a matter of fact, our State of New jer- Ron Brown left us too soon. He had on that fateful trade mission. sey went overwhelmingly for President so many gifts and yet he was not to Mr. Speaker, Ron Brown will truly be Clinton for the first time in almost have the gift of long life. We do not un- missed. three decades. It was because of Ron derstand how life is given out, it is be- Mr. PAYNE of New Jersey. I thank Brown and his vision, his imagination, yond us. Yet we can take comfort in the gentleman very much. I really ap- his creativity, his gumption, his stick- the fact that his spirit, his zest for liv- preciate the gentleman from Virginia to-itiveness. He embodied the power of ing, and his monumental achievements for those kind remarks. Let me at this positive thinking, always looking will definitely live on. time recognize the gentlewoman from ahead, assuredness, and optimistic. Our heartfelt condolences go out to the great State of North Carolina, who Secretary Brown became involved in his loving family, his wife, Alma, his has been doing special orders and has politics in 1971, when he was a district son, Michael, his daughter Tracey, and been talking about Ron Brown for the leader in Mount Vernon, NY, in the his grandchildren. We will keep them last day or two, the gentlewoman from Democrat party there. He made a name in our thoughts and in our prayers. North Carolina, Mrs. EVA CLAYTON. for himself in the Urban League with At this time, I would yield to the Mrs. CLAYTON. Thank you, Mr. his innovative ideas and creative ap- gentleman from Virginia, Representa- PAYNE. proaches. He loved both public service tive BOBBY SCOTT. I am indeed grateful to Mr. PAYNE for and politics. Before working for Sen- Mr. SCOTT. Mr. Speaker, I want to organizing this special order. I wanted ator KENNEDY on the Committee on the thank the gentleman from New Jersey to participate in this special order H3578 CONGRESSIONAL RECORD — HOUSE April 17, 1996 under the guidance of the Black Cau- They are there, at the Department of deputy assistant secretary for inter- cus, because I think it is appropriate in Commerce, at Democratic National national trade. He was a long time aide this leadership that we also have an op- Headquarters, in the public sector and of Ron Brown. He graduated from portunity to have a special order. in the private sector—the next Ron Georgetown University, a native of Mr. Speaker, Ron Brown was a Browns. Colorado, was always there when Ron bridgebuilder, a peacemaker, a soldier He was a fisher of young men and Brown had to go. Did not like to fly at for souls, a fisher for young men and young women. all, did not like travel at all, but he young women. Whether he was building bridges or felt that it was his responsibility to his Out of the ashes and wreckage of closing divides, fighting the good fight boss, Ron Brown. it was the respon- that faraway mountain in Bosnia— or making peace, reaching with a help- sibility to his country, and he went something remains—a blade of grass, ing hand or bringing others along—he when called and did not want to go on an idea. always did his duty with dignity, pride, that trip to Bosnia, but he was there. The idea—Ron Brown’s living leg- graciousness, vision and boundless en- These are the types of Americans acy—is that you can grow up in Har- ergy. He filled each unforgiving minute who are the unsung heroes, people who lem, and progress in Washington. with 60 seconds of long distance run. dedicate their time, their life, their en- He left with us a prototype to follow, Our thoughts and prayers go out to ergy, time away from their family. The a style, a design, a mold, a model that his lovely wife Alma, his loyal son Mi- Bill Mortons of the world are the type we may never duplicate, but we can chael and his darling daughter Tracey. that makes this country run, that certainly replicate. They have every reason to be proud. make it as great as it is. Under the careful counsel of his fa- Ron was a trailblazer, a tireless There were a number of people on ther and mother, he learned that it is champion for all, a role model for role that flight. Duane Christian, who was far better to build bridges than to burn models. He has left his permanent im- Ron Brown’s chief security officer, a them. He knew that a bridge could arch print on the sands of time. God’s finger person who had been in this govern- a flood. has touched him, and he now sleeps. ment for many years, used to work for And so, he built bridges between the the Office of Personnel Management, a b 2015 rich and poor, between people of every former school teacher. hue, between cherished views and fresh Mr. PAYNE of New Jersey. Thank On that trip was Adam Darling, just beliefs. Perhaps that is why his motor- you for those remarks. a 29-year-old person, a confidential as- cade journey to his resting place in Ar- As you know, we are talking about sistant for the Deputy Secretary of lington was as appropriate on U Street the life of Ron Brown, but there were a Commerce. He worked in international as it was on Constitution Avenue. number of people. I mentioned several trade, wanted to make America strong, Ron Brown was a bridgebuilder. of those who lived in my great State of wanted to increase our balance of His time spent in service to America, New Jersey who lost their lives on that trade, wanted to reduce the balance of as an officer of the U.S. Army, appar- mountainside in Croatia and return trade deficit, a young 29-year-old per- ently taught him that the best way to flight from Bosnia. There were other son was there serving our country. Gail Dobert, acting director of the of- preserve world peace and avoid war is people who worked for the government. fice of business liaison, a person who by doing business. As we talked about the fact that all had worked many years on the Hill, That is why he travelled to China, too often it is made trite about work- ing for the government, we hear people who was there serving our country. journeyed to India, took a trip to Tur- Carol Hamilton, the press secretary key, and voyaged to Africa. And, that saying that Americans should not have to pay taxes. Why should we be in- for Ron Brown, who was a person who is why he risked a rainstorm to get to had worked in business and industry, Tuzla. volved in such things? What right do we have to take their money? We heard worked for Chase Manhattan Bank, but He was opening doors, cementing re- decided to give her time, her talents to some of that dialog earlier here to- lationships, serving his country, and the United States Government and night. promoting peace, even in a region torn came to work in the Commerce Depart- Well, because we live in a country by war. ment so that the work that that great that is great. We live in a country Ron Brown was a peacemaker. department was doing could be better where you can get on a road and the His rapid rise to the top was by meas- told. ured steps from the bottom. road will take you where you need to We have Kathryn Hoffman, a special He worked by day and attended law go, with pavement, with utilities, with assistant to Ron Brown who was a per- school by night. He was a welfare so- lights. We live in a place where you can son who was interested in politics, cial worker, a leader with the Urban drink clear water and not worry about worked in the Clinton campaign during League, a brilliant political strategist, having bacteria in it. We live in a place 1992, and actually was the person that a lawyer, the pilot of the Democratic that you can call the authorities or go produced the first African-American Party and the architect of one of the to a courtroom and find that you can inaugural gala and leadership forum at greatest Presidential campaign vic- have your cases heard. And that is why the inauguration of the inaugural com- tories in history. it is a responsibility of Americans to mittee for President Clinton, a person Through it all, he never lost the com- have a responsibility. who worked for Sony Pictures and in mon touch. As a matter of fact, at some other the past for Senator BIDEN and Julian He was as comfortable playing pick- time we will get on to this subject, but Bond. A person with tremendous up basketball in the Shaw neighbor- people make it seem that here in amount of ability, also lost her life. hood of Washington, DC as he was con- America we are overtaxed. We pay We have Stephen Kaminski, who was versing with Kings and Queens and about 29 percent. Japan used to pay 19 a senior commercial officer who trav- Prime Ministers. percent; they paid 29 percent. In the eled a great deal, who tried to see that Ron Brown was a soldier of souls. Western Europe countries, most pay 38 the market access of American compa- But, perhaps the mark that he made to 39 percent. We should take a look at nies could be enlarged in places like that is most worthy of note is his the global situation, and I say that to Japan, and worked in capitals of Ham- mentoring, wherever he went, he took say that Ron Brown was a person who burg and Dusseldorf and Vienna, and others with him, especially young men had to take this unnecessary bashing. was a person, a real world leader. and women. People in government took unneces- Kathryn Kellogg, a confidential as- Ron knew how tough it was for an Af- sary bashing. We heard people criticize sistant, office of business liaison, who rican-American to move from 125th the Department of Commerce, but bil- came to that office from a background Street in the heart of Harlem to the lions of dollars worth of business have with the Jay Rockefeller office and did Commerce Building at the center of been brought back to this country. a tremendous amount. power in Washington. There were other people who gave And we had a very senior person with With each career step he took, he em- their life for this country. us on that trip with Ron Brown, braced young people, forming and fash- Bill Morton was a fellow who was al- Charles F. Meissner who was the As- ioning the Ron Brown’s of the future. ways at Ron Brown’s side. Bill was a sistant Secretary of Commerce for April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3579

International Affairs, has been very ac- Mbeke, Vice President AL GORE country, we make the best products, tive in government, and his wife was cochaired this trade development that once we put our minds to it. He felt the Immigration and Naturalization will increase imports and exports from that all we had to do was to get an op- Service commissioner, Miss Doris these two great countries. portunity to introduce our business Meissner, and certainly our heart goes Ron Brown went to Asia and was people to foreign markets, and that out to her, a person who is still con- very popular. they would really jump on board on tributing to our Government. The Japanese trade officials enjoyed getting our products. Also a part of our Government team working with Ron Brown. They felt So as we wind down on our com- was Lawrence Payne, a special assist- that he was very astute, and he did memoration of Ron Brown, the man, ant, office of domestic operations. He outstanding business in Japan. He was Ron Brown, the leader, Ron Brown, the was a person who added a great deal to one, and we heard of Mickey Kantor father, Ron Brown was a person that the mission. and his debates in Geneva with the even when he was under attack, and I Naomi P. Warbasse, who was a dep- auto parts, but Ron Brown would go sat at a hearing of the Committee on uty director of Central and East Eu- over to Japan, and it was, they call it, International Relations where there rope Business Information Center. the ‘‘bad cop, good cop,’’ Mickey was the move to abolish and eliminate We had James M. Lewek, who was an Kantor being the bad cop, tough guy, the Department of Commerce. Some intelligence analyst who worked on Eu- mean guy, never smiled, and Ron mean-spirited questions were asked, ropean economic issues. He was a per- Brown would come with his smile. He and the manner in which some of the son who was an analyst, a very bright was a good cop. But Ron would always questioners on the other side of the individual who served very well. get the signature on the dotted line. aisle were lashing out at the Secretary So these were people who worked for So, as we have recently heard, the tre- of Commerce. He answered every ques- our government who felt it was impor- mendous increase in the amount of tion. He answered the questions well. tant, who felt they had a contribution autos and auto parts being sold to He had the facts. to make, who felt that this great Na- Japan, a record for this country. Part As a matter of fact, when the hearing tion of ours could do better. They of that success for our big three auto ended, most of the Members who start- never accepted enough was enough. makers is because of Ron Brown and ed out with this mean-spirited slash They went on to move to higher the work that he has done. and burn type of philosophy had to heights. He went to the People’s Republic of admit that the Department of Com- Ron Brown had gone on a mission to China and was ready to do business all merce had done an outstanding job; India. No one ever looked at India as a over the place. It was just that it was had to admit that, truly, this is the place where we should take trade mis- so large, Ron just took a little piece of first Department of Commerce Sec- sions. It was never on the radar screen. it, but billions of dollars’ worth of Peo- retary that the American people can But Ron Brown looked at the popu- ple’s Republic of China. say the name of the person. This is a lation, a population of over 900 million And so I mentioned these various Commerce Department person that people, a country that in the next 20 missions that he took. He was inter- people felt was doing the job. But in their fallacy, their preconceived notion years will have a population in excess ested in the whole relationship between was to eliminate the Department of of the population of the People’s Re- Mexico and the United States. He felt Commerce. I think that that started to public of China. that Mexico has tremendous potential, sort of slow down once Ron Brown real- It is estimated by the year 2020 the but that the human rights of people in ly gave the facts to people. population of India will exceed 1 billion Mexico must be observed better. He 250 million people—1 billion 300 million We are here to say, Mr. Speaker, that talked about changing over the type of we hope that we will remember Ron. people. This is awesome. government, making it more people The People’s Republic of China cur- We will once again say that he was a oriented, and he was a person that saw great American. We will once again say rently has 1 billion 100 million people. that one way that we could stop illegal The population of the United States is that he is the type of person that we immigration is that Mexico itself be- can have young men and women, Afri- 250 million. comes a place that people feel they Ron Brown looked at India and said, can-American, Caucasian, native should stay, their country. Most people American, whatever, point to and say after analysis, that India has as many prefer living in their own country. middle-income people as the entire that he is the measure of a man. Any- They do not like traveling to other one can succeed if you try hard enough, population of the United States of countries. They do not want to learn a America. He was one that looked that all you have to do is to have a vi- foreign language. They do not want to sion, have creativity, and be ready to around and saw the poverty and saw be put in substandard jobs. They do not the problems, but he also looked at the step up to the plate. want to be pointed out as the problem. Once again, I would like to thank the aggregate number, 900 million people, So most people, wherever they live in Speaker for this time, and to express to and found out that 250 million were the world, prefer to stay where their my colleagues who came out tonight middle-income people in India. And so home country is. that I appreciate their participation he took a trade mission and, in less Ron Brown felt that, with Mexico de- this evening. I also appreciate the par- than a week, did over $7 billion worth veloping, with opportunities in Mexico ticipation of many, many Members of business on that trip. It was Ron for Mexicans, that would be the biggest who have expressed their views during Brown conceiving that there is oppor- way to slow down and eventually stop the past week that we have been back tunity in that great country of India. illegal immigration and actually have here, Monday, Tuesday, and today. He took trade missions to South Af- people emigrate back to Mexico once As a matter of fact, concluding, it rica, worked with Mr. Mandela. As a opportunities developed there. But he was going to be on a week from today matter of fact, Ron Brown was one of also said that, as Mexico developed, that he was going to visit the Congres- President Nelson Mandela’s favorite that there would be markets for the sional Black Caucus’ weekly meeting. persons. Mr. Mandela, who, as you United States, there would be trade op- We talked before his trip, and April 24 know, is probably one of the greatest portunities, that it would not be a one- was the date that he was scheduled to leaders in this world, has tremendous way street, but we would be able to come to talk about women’s opportuni- insight, and he was a person that solve a tremendous social problem in ties, small business, the census. So we opened his doors to his personal home our country of illegal immigration. will certainly even more remember to Ron Brown because of the camara- b 2030 him next week when we meet in our derie between the two. Of course, Presi- weekly Wednesday meeting. He is a dent Mandela, being much older than So Ron Brown’s policies really af- true American, a real American hero. Ron Brown, Ron just looked up to him fected the world, whether it was in the f and went to South Africa, and through Far East, the Pacific rim, whether it Ron Brown’s creativity the Mbeke- was in the new independent States, or LEAVE OF ABSENCE Gore Bilateral Commission for Trade, in Africa. He was a person who felt By unanimous consent, leave of ab- directly the deputy president, Tabo that we could do things best in this sence was granted to: H3580 CONGRESSIONAL RECORD — HOUSE April 17, 1996

Ms. JACKSON-LEE of Texas (at the re- Mr. ZIMMER. fiscal year 1996 budget allocation for the quest of Mr. GEPHARDT) for today and Mr. CRAPO. International Narcotics Control Program, the balance of the week, on account of Mr. LAZIO. pursuant to 22 U.S.C. 2291(b)(1); jointly, to the Committees on International Relations family medical emergency. Mr. STUMP. and Appropriations. f Mr. ZELIFF. 2415. A letter from the Acting Assistant Mr. BRYANT. SPECIAL ORDERS GRANTED Secretary for Legislative Affairs, Depart- Mr. WELLER. ment of State, transmitting notification of By unanimous consent, permission to (The following Members (at the re- intended reprograming of foreign aid funds, address the House, following the legis- quest of Mr. PAYNE of New Jersey) and pursuant to 22 U.S.C. 2394–1(a); jointly, to the lative program and any special orders to include extraneous matter:) Committees on International Relations and heretofore entered, was granted to: Mr. GIBBONS. Appropriations. 2416. A letter from the Acting Assistant (The following Members (at the re- Mr. BILIRAKIS. Secretary for Legislative Affairs, Depart- quest of Mr. RAHALL) to revise and ex- Mr. GUTIERREZ. ment of State, transmitting notification of tend their remarks and include extra- Mr. HALL. foreign aid program changes, pursuant to 22 neous material:) Mr. JOHNSTON of Florida, in two in- U.S.C. 2394–1(a); jointly, to the Committees Ms. PELOSI, for 5 minutes, today. stances. on International Relations and Appropria- Mrs. CLAYTON, for 5 minutes, today. Mrs. JOHNSON of Connecticut. tions. Mr. KENNEDY of Rhode Island, for 5 Mr. DORNAN. 2417. A letter from the Acting Assistant minutes, today. Mr. SHADEGG, in two instances. Secretary for Legislative Affairs, Depart- ment of State, transmitting notification of Ms. NORTON, for 5 minutes, today. Mrs. MORELLA. Mr. GONZALEZ, for 5 minutes, today. foreign aid program changes, pursuant to 22 Mr. DEUTSCH. U.S.C. 2394–1(a); jointly, to the Committees Mrs. THURMAN, for 5 minutes, today. Mr. POSHARD. on International Relations and Appropria- Mr. WISE, for 5 minutes, today. Mr. PALLONE. tions. Mr. PALLONE, for 60 minutes, today. f 2418. A letter from the Director, Office of Mr. PAYNE of New Jersey, for 5 min- Legislative Affairs, Federal Deposit Insur- utes, today. ADJOURNMENT ance Corporation, transmitting the Corpora- (The following Members (at the re- Mrs. CLAYTON. Mr. Speaker, I move tion’s listing of FDIC properties covered by quest of Mr. GUTKNECHT) to revise and that the House do now adjourn. the Coastal Barrier Improvement Act; joint- extend their remarks and include ex- ly, to the Committees on Resources and The motion was agreed to; accord- Banking and Financial Services. traneous material:) ingly (at 8 o’clock and 35 minutes f Mr. EMERSON, for 5 minutes, today. p.m.), the House adjourned until to- Mr. JONES, for 5 minutes, today and morrow, Thursday, April 18, 1996, at 10 REPORTS OF COMMITTEES ON on April 18. a.m. PUBLIC BILLS AND RESOLUTIONS Mr. CHAMBLISS, for 5 minutes, today. f Under clause 2 of rule XIII, reports of Mr. BURTON of Indiana, for 5 minutes, today and on April 18. EXECUTIVE COMMUNICATIONS, committees were delivered to the Clerk for printing and reference to the proper Mr. FUNDERBURK, for 5 minutes, ETC. calendar, as follows: today. Under clause 2 of rule XXIV, execu- Mr. CHABOT, for 5 minutes, today. Ms. PRYCE: Committee on Rules. House tive communications were taken from Resolution 405. Resolution waiving points of Mr. MICA, for 5 minutes, today. the Speaker’s table and referred as fol- order against the conference report to ac- Mr. ENGLISH, for 5 minutes, today. lows: company the bill (S. 735) to prevent and pun- Mr. TALENT, for 5 minutes, today. 2409. A letter from the Secretary of the ish acts of terrorism, and for other purposes Ms. ROS-LEHTINEN, for 5 minutes, Navy, transmitting notification that the (Rept. 104–522). Referred to the House Cal- today. joint tactical unmanned aerial vehicle-hun- endar. Mr. HUNTER, for 5 minutes, today. ter and standard missile 2 block IV have Mr. GILMAN: Committee on International Mr. FORBES, for 5 minutes, today. breached the unit cost threshold, pursuant Relations. H.R. 3107. A bill to impose sanc- Mrs. MORELLA, for 5 minutes, today. to 10 U.S.C. 2433(e)(1); to the Committee on tions on persons exporting certain goods or technology that would enhance Iran’s ability Mr. GUTKNECHT, for 5 minutes, today. National Security. 2410. A letter from the Acting Assistant to explore for, extract, refine, or transport Mr. KINGSTON, for 5 minutes, today. Secretary for Legislative Affairs, Depart- by pipeline petroleum resources, and for Mr. DORNAN, for 5 minutes, today. ment of State, transmitting notification of a other purposes; with amendments (Rept. 104– Mr. RIGGS, for 5 minutes, today. proposed issuance of export license agree- 523 Pt. 1). Ordered to be printed. f ment for the transfer of defense articles or f defense services sold commercially to Japan EXTENSION OF REMARKS (Transmittal No. DTC–13–96), pursuant to 22 TIME LIMITATION OF REFERRED By unanimous consent, permission to U.S.C. 2776(c); to the Committee on Inter- BILL revise and extend remarks was granted national Relations. Pursuant to clause 5 of rule X the fol- 2411. A letter from the Acting Assistant to: lowing action was taken by the Speak- (The following Members (at the re- Secretary for Legislative Affairs, Depart- ment of State, transmitting notification of a er: quest of Mr. RAHALL) and to include ex- proposed issuance of export license agree- H.R. 3107. Referral to the Committees on traneous matter:) ment for the transfer of defense articles or Banking and Financial Services, Govern- Mr. STARK. defense services sold commercially to the ment Reform and Oversight, and Ways and Mr. HAMILTON in two instances. Republic of Korea (Transmittal No. DTC–15– Means for a period ending not later than Mr. JACOBS. 96), pursuant to 22 U.S.C. 2776(c); to the Com- May 3, 1996. Mr. FARR of California. mittee on International Relations. f Mr. TOWNS in two instances. 2412. A letter from the Chairman, Merit Systems Protection Board, transmitting an- PUBLIC BILLS AND RESOLUTIONS Mr. SANDERS. nual report of the Merit Systems Protection (The following Members (at the re- Under clause 5 of rule X and clause 4 Board and review of OPM, pursuant to 5 of rule XXII, public bills and resolu- quest of Mr. GUTKNECHT) and to include U.S.C. 1206; to the Committee on Govern- extraneous matter:) ment Reform and Oversight. tions were introduced and severally re- Mr. SENSENBRENNER. 2413. A letter from the Chairman, Penn- ferred as follows: Mr. BAKER of California. sylvania Avenue Development Corporation, By Mr. SKEEN: Mr. TALENT. transmitting the Corporation’s audited fi- H.R. 3258. A bill to direct the Secretary of Mr. WATTS in three instances. nancial statements for fiscal year 1995; to the Interior to convey certain real property the Committee on Government Reform and located within the Carlsbad project in New Mr. LAHOOD. Oversight. Mexico to Carlsbad Irrigation District; to Mr. OXLEY. 2414. A letter from the Acting Assistant the Committee on Resources. Mr. CAMP. Secretary for Legislative Affairs, Depart- By Mr. COMBEST: Mr. CUNNINGHAM. ment of State, transmitting the Depart- H.R. 3259. A bill to authorize appropria- Mr. PORTER in two instances. ment’s summary by country program of the tions for fiscal year 1997 for intelligence and April 17, 1996 CONGRESSIONAL RECORD — HOUSE H3581

intelligence-related activities of the U.S. Committee on Ways and Means, and in addi- LEWIS of Georgia, Mr. DAVIS, Ms. WOOLSEY, Government, the community management tion to the Committees on Agriculture, Mr. HYDE, Mr. GIBBONS, Mr. BARCIA of Michi- account, and the Central Intelligence Agency Banking and Financial Services, Commerce, gan, Mr. FARR, Mr. POMBO, Mr. TOWNS, Mr. retirement and disability system, for other Economic and Educational Opportunities, STUMP, Mr. FORBES, Mr. SAWYER, Mr. purposes; to the Committee on Intelligence Government Reform and Oversight, and the TORRES, Ms. LOFGREN, Ms. SLAUGHTER, Mr. (Permanent Select). Judiciary, for a period to be subsequently de- GILCHREST, Mr. RICHARDSON, Mr. KIM, Mr. By Mr. CRAPO: termined by the Speaker, in each case for PICKETT, and Mr. DOYLE. H.R. 3260. A bill to amend the Federal consideration of such provisions as fall with- H.R. 3039: Mr. HALL of Texas. Food, Drug, and Cosmetic Act relating to in the jurisdiction of the committee con- H.R. 3060: Mr. DOYLE. proposed regulation of pharmacists; to the cerned. H.R. 3067: Mr. WALSH, Mr. LEVIN, and Ms. Committee on Commerce. By Mr. PALLONE: HARMAN. By Mr. FRANK of Massachusetts (for H. Con. Res. 163. Concurrent resolution ex- H.R. 3118: Mr. FALEOMAVAEGA and Mr. himself, Mr. DICKEY, Mr. CARDIN, Mr. pressing the sense of Congress that March 25 MANTON. KENNEDY of Massachusetts, Mrs. be recognized as the anniversary of the Proc- H.R. 3152: Ms. LOFGREN. MALONEY, Mr. MEEHAN, Mr. NEAL of lamation of Belarusan Independence, ex- H.R. 3156: Mr. NETHERCUTT. Massachusetts, Mr. POMEROY, and pressing concern over the Belarusan Govern- H.R. 3177: Mr. RAMSTAD, Mrs. MEYERS of Mr. RAHALL): ment’s infringement on freedom of the press Kansas, and Mr. VENTO. H.R. 3261. A bill to provide for annual pay- in direct violation of the Helsinki Accords H.R. 3180: Mr. HUTCHINSON, Mr. HOLDEN, ments from the surplus funds of the Federal and the Constitution of Belarus, and express- Ms. MCKINNEY, and Ms. LOFGREN. Reserve System to cover the interest on obli- ing concern about the proposed union be- H.R. 3195: Mr. BUNNING of Kentucky. gations issued by the Financing Corporation; tween Russia and Belarus; to the Committee H.R. 3224: Mr. CLEMENT, Mr. FROST, Mr. to the Committee on Banking and Financial on International Relations. CLINGER, and Mr. SMITH of New Jersey. Services. f H.R. 3238: Ms. LOFGREN and Mr. FROST. By Mrs. GREENE of Utah: H. Con. Res. 105: Mr. BAKER of Louisiana. H.R. 3262. A bill to amend title XVIII of the ADDITIONAL SPONSORS H. Con. Res. 135: Ms. SLAUGHTER and Ms. Social Security Act to expand coverage FURSE. under part B of the Medicare Program of cer- Under clause 4 of rule XXII, sponsors H. Con. Res. 136: Mr. HOKE, Ms. PELOSI, Mr. tain antibiotics which are parenterally ad- were added to public bills and resolu- FUNDERBURK, Mr. LIPINSKI, Mr. BRYANT of ministered in a home setting, and for other tions as follows: Texas, Mr. CARDIN, Mr. CALVERT, and Mr. RO- purposes; to the Committee on Commerce, MERO-BARCELO. and in addition to the Committee on Ways H.R. 127: Mr. KENNEDY of Massachusetts and Ms. WOOLSEY. H. Con. Res. 158: Mrs. LOWEY. and Means, for a period to be subsequently H. Res. 347: Mr. LIPINSKI, Ms. SLAUGHTER, determined by the Speaker, in each case for H.R. 218: Mr. HANSEN. H.R. 350: Mr. WALSH, Mr. HAYWORTH, and Mr. DELLUMS, Mr. BONIOR, and Mrs. LOWEY. consideration of such provisions as fall with- H. Res. 404: Mr. CONYERS, Mr. FORD, Mrs. in the jurisdiction of the committee con- Mr. TATE. H.R. 351: Mr. PICKETT, Mr. BRYANT of Ten- COLLINS of Illinois, Mrs. CLAYTON, Mr. RAN- cerned. GEL, Mr. OWENS, Mr. FIELDS of Louisiana, By Mr. JOHNSTON of Florida (for him- nessee, Mr. SAXTON, Mr. EWING, Mrs. SEASTRAND, and Mr. HUNTER. Mr. HILLIARD, Mr. FRAZER, Ms. NORTON, Mr. self, Mr. FROST, Ms. LOFGREN, Mr. H.R. 403: Mr. SHAYS. WYNN, Mr. DELLUMS, Mr. JEFFERSON, Mr. MCDERMOTT, Mr. THOMPSON, Mrs. H.R. 573: Mr. BONIOR and Mr. ANDREWS. DIXON, Mr. RUSH, Ms. MCKINNEY, Mr. CLAY, THURMAN, Mrs. MEEK of Florida, Mr. H.R. 582: Mr. KNOLLENBERG. Ms. JACKSON-LEE, and Mr. BISHOP. SHAW, Mrs. MINK of Hawaii, Mr. H.R. 973: Mr. LEWIS of Georgia. CANADY, Mr. RAHALL, Mr. BRYANT of f H.R. 1023: Mr. SHUSTER, Mr. STOKES, and Texas, Ms. NORTON, and Mr. Mr. LARGENT. AMENDMENTS FRAZIER): H.R. 3263. A bill to amend the Omnibus H.R. 1073: Mr. DINGELL and Mr. BROWN of Under clause 6 of rule XXIII, pro- Crime Control and Safe Street Act of 1968 to California. posed amendments were submitted as H.R. 1074: Mr. DINGELL and Mr. BROWN of establish a national clearinghouse to assist follows: in background checks of law enforcement ap- California. plicants; to the Committee on the Judiciary. H.R. 1127: Mr. CALVERT. H.R. 1675 By Ms. NORTON: H.R. 1179: Ms. NORTON, Mr. SAM JOHNSON, OFFERED BY: MRS. LINCOLN Mr. JEFFERSON, and Mr. STOKES. H.R. 3264. A bill to waive the Medicaid en- AMENDMENT NO. 2: At the end of the bill rollment composition rule for D.C. Chartered H.R. 1202: Mr. PICKETT, Mr. EVANS, and Mr. add the following new section: CLYBURN. Health Plan; to the Committee on Com- SEC. . AUTHORITY OF SECRETARY OF THE INTE- H.R. 1462: Mr. MENENDEZ, Mr. GUTIERREZ, merce. RIOR TO ACCEPT STATE DONATIONS By Mr. QUINN (for himself, Mr. ENG- and Mr. SMITH of New Jersey. OF STATE EMPLOYEE SERVICES LISH of Pennsylvania, Mr. SHAYS, Mr. H.R. 1496: Mr. SCOTT. DURING GOVERNMENT BUDGETARY GILMAN, Mr. WALSH, Mr. HORN, Mr. H.R. 1950: Mr. FILNER. SHUTDOWN. HOUGHTON, Mr. BOEHLERT, Mr. H.R. 2214: Mr. BRYANT of Tennessee. After section 2 of the Act, as redesignated TORKILDSEN, Mrs. JOHNSON of Con- H.R. 2335: Mr. LARGENT, Mr. PETE GEREN of by section 10(a)(4) of this Act, add the follow- necticut, Mr. LEACH, Mr. MARTINI, Texas, Mr. SISISKY, Mr. CRAMER, Mr. ing new section: Mr. LAZIO of New York, Mr. FRANKS MCINTOSH, Mr. BATEMAN, Mr. CAMP, Mr. ‘‘SEC. 3. AUTHORITY OF SECRETARY TO ACCEPT of New Jersey, Mr. FORBES, Mr. DIAZ- SKELTON, Mr. ROGERS, Mr. BALLENGER, and STATE DONATIONS OF STATE EM- BALART, Mr. RIGGS, Mr. CREMEANS, Mr. BURR. PLOYEE SERVICES DURING GOVERN- Mr. LATOURETTE, and Mr. BLUTE): H.R. 2579: Mr. EHRLICH, Mr. MANZULLO, Mr. MENT BUDGETARY SHUTDOWN. H.R. 3265. A bill to amend the Fair Labor LINDER, Mr. EVERETT, Mr. TAYLOR of Mis- ‘‘(a) IN GENERAL.—The Secretary shall ac- Standards Act of 1938 to increase the mini- sissippi, and Mr. VISCLOSKY. cept from any qualified State donations of mum wage rate under the act; to the Com- H.R. 2654: Mr. GUTIERREZ. services of State employees to perform in a mittee on Economic and Educational Oppor- H.R. 2655: Mr. HINCHEY, Mrs. LOWEY, and refuge, in a period of Government budgetary tunities. Mr. LOBIONDO. shutdown, fish- and wildlife-dependent recre- By Mr. TANNER (for himself, Mr. CAS- H.R. 2655: Mr. FRAZER, Mr. LEVIN, Mr. ation management functions otherwise au- TLE, Mrs. LINCOLN, Mr. SHAYS, Mr. GREEN of Texas, Mr. DEUTSCH, and Mr. FARR. thorized to be performed by Department of STENHOLM, Mrs. MORELLA, Mr. PAYNE H.R. 2827: Mr. HINCHEY and Mr. SERRANO. Interior personnel. of Virginia, Mrs. JOHNSON of Con- H.R. 2834: Mr. KILDEE and Mr. GRAHAM. ‘‘(b) LIMITATIONS.—An employee of a State necticut, Mr. ORTON, Mr. CAMPBELL, H.R. 2914: Mr. GUTIERREZ. may perform functions under this section Mr. MINGE, Mr. HOUGHTON, Mr. H.R. 2925: Mr. LIGHTFOOT, Mr. PETERSON of only— BROWDER, Mr. FOX, Mr. CRAMER, Mr. Minnesota, and Mr. PAYNE of Virginia. ‘‘(1) within areas of a refuge that are lo- BOEHLERT, Mr. BAESLER, Mr. H.R. 2959: Mr. WELLER. cated in the State; and RAMSTAD, Mr. HOLDEN, Mr. H.R. 2976: Mrs. CLAYTON, Mr. GUTIERREZ, ‘‘(2) in accordance with an agreement en- FRELINGHUYSEN, Mr. LIPINSKI, Mr. Ms. JACKSON-LEE, Mr. MATSUI, Mr. tered into by the Secretary and the Governor HORN, Mr. ROSE, Mr. FAWELL, Mrs. MENENDEZ, and Ms. WOOLSEY. of the State under subsection (c). THURMAN, Mr. LAZIO of New York, H.R. 2996: Mr. HEINEMAN. ‘‘(c) AGREEMENTS.— Mr. ROEMER, Mr. KOLBE, Mr. CLEM- H.R. 3004: Mr. RAMSTAD. ‘‘(1) IN GENERAL.—For purposes of this sec- ENT, and Mr. GORDON): H.R. 3024: Mr. BISHOP, Mr. CLYBURN, Mr. tion, the Secretary may enter into an agree- H.R. 3266. A bill to restore the American WILLIAMS, Mr. OWENS, Ms. NORTON, Mr. ment in accordance with this subsection family, enhance support and work opportuni- WYNN, Mr. HASTINGS of Florida, Mr. FRAZER, with the Governor of any State in which is ties for families with children, reduce out-of- Mr. ENGEL, Mr. HALL of Ohio, Mr. HINCHEY, located any part of a refuge. wedlock pregnancies, reduce welfare depend- Mr. PAYNE of New Jersey, Mr. ACKERMAN, ‘‘(2) TERMS CONDITIONS.—An agreement ence, and control welfare spending; to the Mr. FILNER, Ms. MCKINNEY, Mr. ORTIZ, Mr. under this subsection shall— H3582 CONGRESSIONAL RECORD — HOUSE April 17, 1996

‘‘(A) contain provisions to ensure resource ‘‘(d) EXCLUSION FROM TREATMENT AS FED- no amounts available for the operation of and visitor protection acceptable under the ERAL EMPLOYEES.—A State employee who the System, because of— standards of the United States Fish and performs functions under this section shall ‘‘(A) a failure to enact an annual appro- Wildlife Service; not be treated as a Federal employee for pur- priations bill for the period for the Depart- ‘‘(B) require that each individual perform- poses of any Federal law relating to pay or ment of the Interior; and ing functions under the agreement shall benefits for Federal employees. ‘‘(B) a failure to enact a bill (or joint reso- have— ‘‘(e) ANTI-DEFICIENCY ACT NOT APPLICA- lution) continuing the availability of appro- ‘‘(i) adequate safety training; BLE.—Section 1341(a) of title 31, United ‘‘(ii) knowledge of the terrain in which the priations for the Department of the Interior States Code, shall not apply with respect to individual will perform those functions; and for a temporary period pending the enact- ‘‘(iii) knowledge of and adherence to Fed- the acceptance of services of, and the per- ment of such an annual appropriations bill; eral regulations relating to those functions; formance of functions by, State employees and and under this section. ‘‘(2) the term ‘qualified State’ means a ‘‘(C) specify other terms and conditions ‘‘(f) DEFINITIONS.—In this section— State that has entered into an agreement under which a State employee may perform ‘‘(1) the term ‘Government budgetary shut- with the Secretary in accordance with sub- such functions. down’ means a period during which there are section (c).’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, WEDNESDAY, APRIL 17, 1996 No. 49 Senate The Senate met at 9:15 a.m., and was for up to 20 minutes, and Senator Like all Senators, I was saddened by called to order by the President pro GRAMS for up to 10 minutes. the tragic April 3 airplane accident tempore [Mr. THURMOND]. Following morning business, the Sen- that led to the loss of Secretary of ate will resume consideration of the Commerce Ron Brown and 32 other PRAYER terrorism prevention conference re- Government and business leaders. The Chaplain, Dr. Lloyd John port. Under the order, motions to re- I was not privileged to know Sec- Ogilvie, offered the following prayer: commit are in order and limited to 30 retary Brown as well as many of my Gracious Father, we are dependent minutes of debate each. Senators can colleagues, but in my dealings with on You for everything. We could not expect rollcall votes on or in relation him, I was impressed by his profes- breathe a breath, think a thought, to those motions prior to a vote on sionalism, his wit, and his ability to move a muscle, work a day, or develop adoption of the conference report. get things done. our lives without Your moment-by-mo- Following adoption of the conference The outpouring of emotion that fol- ment provision. We place our finger on report, there will be 60 minutes of de- lowed his death is testimony to the our pulse; thank You for the gift of bate prior to the vote on cloture on the fact that not only was Secretary Brown life. We breathe in, saying ‘‘Bless the motion to proceed to the Whitewater an outstanding public servant, he was Lord, O my soul’’; and breathe out say- resolution. It is still possible we might also an outstanding friend who touched ing, ‘‘And all that is within me bless consider the immigration bill today if many lives through his generosity. His holy name.’’ we can get an understanding about rel- The 32 other Americans lost in the We list all that is ours from Your evant amendments. It is very impor- accident were also friends, parents, loving provision. We praise You for tant legislation and broadly supported sons, daughters, brothers, and sisters. food, our physical bodies, people in our by the American people. We would like lives, the opportunities and challenges to complete action on that and then And I know I speak for all the Senate of today. We want to make this a day move to the Kassebaum-Kennedy in saying that our thoughts and pray- for constant and consistent conversa- health care measure yet this week and ers remain with the Brown family, and tion with You in which we repeatedly complete action on that. That may or with the families and friends of all the say thank You, Lord, for the abundant may not be possible, but we will do our victims of this tragedy. mercies that You give us in a never- best. Mr. President, on Monday, at the re- ending flow of goodness. f quest of the Democrat leader and my- You know that a thankful heart is self, Senate Resolution 241, honoring IN TRIBUTE TO SECRETARY OF not just the greatest virtue, but You Secretary Brown and the 32 other COMMERCE RONALD H. BROWN have made it the parent of all virtues Americans who died in the accident, AND OTHER AMERICANS and the source of the transformation of was read for the information of the our attitudes. Every virtue devoid of Mr. DOLE. Mr. President, I ask unan- Senate. thankfulness is maimed and limps imous consent that the Senate resume I want to thank Senator LOTT for his along the spiritual road. With every- consideration of Senate Resolution 241. cooperation. The PRESIDING OFFICER (Mr. thing that is within us, we thank You. At this time, Mr. President, I ask KYL). Without objection, it is so or- May this be a day for constant thanks- unanimous consent that Senate Reso- dered. The clerk will report. giving for the privilege of life. In Your lution 241 and the preamble be agreed The assistant legislative clerk read holy name. Amen. to. f as follows: A resolution (S. Res. 241) in tribute to Sec- The PRESIDING OFFICER. Without RECOGNITION OF THE MAJORITY retary of Commerce Ronald H. Brown and objection, it is so ordered. LEADER other Americans who lost their lives on The resolution (S. Res. 241) was The PRESIDENT pro tempore. The April 3, 1996, while in service to their coun- agreed to. try on a mission to Bosnia. able majority leader is recognized. The preamble was agreed to. The Senate resumed consideration of f The resolution, with its preamble, is the resolution. as follows: SCHEDULE Mr. DOLE. Mr. President, Chaplain Mr. DOLE. Mr. President, there will Ogilvie said it best Monday in his pray- S. RES. 241 be a period for morning business until er marking the Senate’s return after a Whereas, Ronald H. Brown served the 10 a.m., with Senator LEAHY to speak 2-week recess when he said: ‘‘Our United States of America with patriotism for up to 10 minutes, Senator GRAMM hearts are still at half-mast.’’ and

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

S3417

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VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3418 CONGRESSIONAL RECORD — SENATE April 17, 1996 skill as a soldier, a civil rights leader, and an times over the past 16 months, those life beyond their monthly welfare attorney; are the very words they have used to checks, while it protects the American Whereas, Ronald H. Brown served since describe the work of this Congress. taxpayers from the abuses of the past. January 22, 1993, as the United States Sec- ‘‘Extremist’’ has become the mantra of Mr. President, have my colleagues retary of Commerce; Whereas, Ronald H. Brown devoted his life the minority, repeated over and over across the aisle become so insulated to opening doors, building bridges, and help- when all the arguments have been ex- from the public and isolated from re- ing those in need; hausted and refuted, and name calling ality that they have forgotten what Whereas, Ronald H. Brown lost his life in a is all that remains. qualifies as extreme out in the real tragic airplane accident on April 3, 1996, The Contract With America ‘‘is sim- world? Our work on behalf of the Na- while in service to his country on a mission ply the wish list of the extreme faction tion’s families, taxpayers, senior citi- in Bosnia; and of one political party,’’ says one. zens, children, and job providers could Whereas, thirty-two other Americans from ‘‘The sweeping and extremist ap- hardly be considered extreme. Far from Government and industry who served the Na- tion with great courage, achievement, and proach in this bill poses a grave threat it—what we have accomplished is ex- dedication also lost their lives in the acci- to all Americans, especially children,’’ actly what the American people sent us dent: Now, therefore, be it says another. here to carry out. Resolved, That the Senate of the United And finally, ‘‘If moderation does not So how do you think it makes them States pays tribute to the remarkable life prevail, this level of extremism will ul- feel to see their dreams for the Nation and career of Ronald H. Brown, and it ex- timately take our country backward, dismissed on the Senate floor as the tends condolences to his family. not forward, and the damage will be notions of extremists? SEC. 2. The Senate also pays tribute to the felt not by us, but by generations to If you really want to talk about ex- contributions of all those who perished, and come.’’ tremism, there is a good reason why so extends condolences to the families of: Staff Sergeant Gerald Aldrich, Duane Christian, Of course, the rhetoric has not been many American families have April 15 Barry Conrad, Paul Cushman III, Adam Dar- confined to this Chamber alone, or to circled on that calendar taped to the ling, Captain Ashley James Davis, Gail the other body. The Clinton adminis- refrigerator door. They have experi- Dobert, Robert Donovan, Claudio Elia, Staff tration, and particularly the President enced extremism in their Government Sergeant Robert Farrington, Jr., David Ford, and Vice President, have repeatedly en- right where it hurts the most—the Carol Hamilton, Kathryn Hoffman, Lee gaged in it as well, as they recite from family wallet—and they are reminded Jackson, Steven Kaminski, Katheryn Kel- the pages of this well-worn script. In of that fact every year when tax day logg, Technical Sergeant Shelley Kelly, just seven news conferences and rolls around. James Lewek, Frank Maier, Charles Meiss- ner, William Morton, Walter Murphy, Law- speeches last year, Vice President Under the current administration, rence Payne, Nathaniel Nash, Leonard GORE used some version of the word Americans are paying more in Federal Pieroni, Captain Timothy Schafer, John ‘‘extremist’’ 22 times in describing our taxes this year than they have ever Scoville, I. Donald Terner, P. Stuart Tholan, efforts to reform the way Government paid before. Technical Sergeant Cheryl Ann Turnage, undertakes the people’s business. President Clinton started the trend Naomi Warbasse, and Robert Whittaker. ‘‘Extremist groups.’’ with his recordbreaking $241 billion tax SEC. 3. The Secretary of the Senate shall ‘‘Extremist measures.’’ hike in 1993, which raised taxes on transmit a copy of this resolution to each of ‘‘Extremist factions.’’ every member of the middle class. Add the families. ‘‘The extremist, radical members of to that the new taxes imposed by the Mr. DOLE. Mr. President, I yield the their caucus.’’ President in his latest budget, and floor. ‘‘An extremist set of priorities.’’ Americans will be paying a half trillion f ‘‘An extremist agenda.’’ more in taxes than we did before Presi- You would think from all the dra- RESERVATION OF LEADER TIME dent Clinton took office. That is an ad- matics that something truly horrible is ditional $758 every year, for the next 10 The PRESIDING OFFICER. Under going here. So, Mr. President, what’s years, for every taxpayer in this coun- the previous order, the leadership time happening that has my Democrat col- try. is reserved. leagues running so scared? What is The American people say that is ex- f Congress doing that is so radical, so treme. dangerous, so wrong, so extreme? The tax load has become such a bur- MORNING BUSINESS Here are the shocking highlights: den that Tax Freedom Day—the day we The PRESIDING OFFICER. Under We accomplished what a quarter cen- are no longer working just to pay our the previous order, there will now be tury of Congresses couldn’t when we taxes and can begin keeping that the period for the transaction of morn- balanced the Federal budget. This Con- money for ourselves—will not arrive ing business for not to extend beyond gress is not willing to let our children this year until May 7. That is the lat- the hour of 10 a.m., with Senators per- and grandchildren collapse under a est ever. It means working Americans mitted to speak therein for up to 5 load of debt that we have created. have been on the job from January 1 minutes each. We have taken responsible steps to through today, and have not been al- Mr. GRAMS addressed the Chair. control spending, reining in the Fed- lowed to keep even a dime of their own The PRESIDING OFFICER. The Sen- eral Government and reducing its role money. That will not happen for an- ator from Minnesota. as the dominating force in American other 20 days. f life. And by the way, families in my home Working families would keep billions State of Minnesota will have to wait EXTREMISM: THE MANTRA OF THE of their own money under the tax plan even longer. Because State taxes in MINORITY passed by Congress. We offered families Minnesota are higher than the national Mr. GRAMS. Mr. President, if there a $500 tax credit for each child, elimi- average, my constituents are forced to is 1 day that dramatically highlights nated the marriage penalty that dis- hold out an additional 8 days until the growing anxieties of middle-class criminated against married couples, their Tax Freedom Day arrives. Americans, it is April 15. During this and helped bring and keep families to- And the calculations for Tax Free- tax week of 1996, I want to share some gether through adoption and elderly dom Day do not include the additional thoughts on taxes, Congress, and a cer- care tax credits. days we are forced to work to cover the tain word that has crept into a place of We are also not willing to sit by and heavy costs of Washington’s unneces- prominence here on Capitol Hill. let Medicare dissolve into bankruptcy. sary and burdensome regulations as Since the opening days of the 104th Under legislation passed by this Con- well. If it did, we would not be marking Congress, my colleagues on the other gress, seniors would be assured that our freedom until the first week of side of the aisle have come to the floor Medicare—for some, their only link to July. That is a cruel joke, considering repeatedly to talk of ‘‘extremism’’ and health care insurance—would be res- that is when we are also celebrating ‘‘extremists.’’ cued from its impending insolvency. Independence Day. These are not words to be tossed Our plan to reform the welfare sys- The American people say that is ex- around lightly, and yet more than 100 tem encourages recipients to seek a treme.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3419 When President Clinton was elected anced budget and tax relief bill passed winningest coach in the history of the in 1992, Federal taxes on a median-in- by this Congress, and, by the way, University of Montana. When he ar- come American family—Federal taxes passed the largest tax increase on its rived in Missoula 10 years ago, he re- on a median-income American family— own. cruited heavily, ushering in the ‘‘Read totaled $12,770. By last year, that same I had to admit that I did not under- Era’’ of UM, an era that culminated in family was paying a total of $14,813 in stand either. ‘‘Chalk it up to election- the university’s first-ever Division taxes—over $2,000 a year more per me- year politics,’’ I said. One-double-A national championship dian family since 1992. And now 26.5 Would the President come around just this past season. It was a thrilling percent of every family’s income goes and sign your bill this year, they won- ride for every one of us in Montana, directly to Washington. dered? and we cannot help but think of what That is not exactly what the Amer- I had to say, ‘‘It doesn’t look good.’’ is ahead for the Griz because of the ican people had in mind. In a survey ‘‘Not this year. Not this President.’’ foundation and the base that Coach conducted last year, they were asked And the people just shook their heads. Read has laid. what percentage of their income should Listen to the people, Mr. President— Mr. President, Vince Lombardi, the reasonably go to paying taxes. This they will tell you just what they told legendary coach of the Green Bay was for all levels of government, in- me. Cutting taxes for working families Packers, said ‘‘winning is a habit.’’ No cluding social security taxes, sales is not extreme. Preserving Medicare is one typified the winning habit more taxes, excise taxes, and property taxes. not extreme. Giving people opportuni- than Coach Read. Since taking over Across the board, regardless of income ties to pull themselves out of poverty the University of Montana football pro- group, age, education, gender, race, or is not extreme. gram in 1986, he has never had a losing political affiliation, the answer was the If anything is extreme about our gov- season. His overall record there was 85 same: most people said a maximum tax ernment, it is the past practices of a and 36. That is a winning average of burden of 25 percent would be fair. Congress and President willing to steal better than 70 percent, the best any No wonder they are feeling squeezed from tomorrow’s kids to finance an- coach at UM and the sixth best in the today. Far from the 25 percent tax rate other Federal handout or social pro- history of the Big Sky Conference. they think is reasonable, the typical gram or pork project today. That is In his tenure at the University of American family faced a total tax bur- what the people sent us here to change. Montana, Coach Read even managed to den—and that includes Federal, State, Mr. President, there are despicable pull off 10 straight wins against his and local taxes—of 38.2 percent of all people in this world—assassins, bomb- cross-state rival and another one of my their income in 1995. That is more ers, terrorists—who are filled with such favorite teams, Montana State Univer- money going to Washington than fami- rage and contempt that they deserve to sity. His overall coaching record in- lies spend for food, clothing, shelter, be branded as ‘‘extremists.’’ cluding his many years coaching in Or- and transportation combined. But in America, a man or woman egon is an impressive 154 and 127 and The American people say that is ex- who works themselves to the bone, who one—he had one tie. treme, too. struggles to put food on the table and Mr. President, I could go on about all I know that is what Minnesotans are keep a sturdy roof over their family’s the ‘‘firsts’’ and the ‘‘mosts’’ and the saying. I held a series of town meetings heads, who just wants to sign their tax awards of Coach Read and what he has back home last week, in a part of the return knowing that this government earned in his time at the University of State where life can be tough and does not take their tax dollars for Montana. Most wins by a Griz football money doesn’t come easy. It is home to granted anymore—is not an extremist. team in a single season, five playoff ap- hard-working people who sometimes Yet, Mr. President, any time my col- pearances, three-time Big Sky Coach of hold down two jobs, and spend as many leagues dismiss the people’s taxpayers’ the Year, selected Division One-double- as 7 days a week on the job, struggling agenda as extreme, they pin that label A Coach of the Year by two national to stay afloat. They ask nothing more on every one of those Americans. magazines, but all of that pales in com- of their Government than the oppor- During tax week, 1996, my colleagues parison to Don Read as a man, and as tunity and freedom to make something would do well to acknowledge the debt a man that I know. He is loved and re- of their lives. But high taxes continue of gratitude we owe the American tax- spected by his players and his col- to block the way. payers. After all, their sacrifices have leagues and he is a fiercely devoted We talked about taxes at every stop built this massive Federal Govern- family man. over the recess, and how 40 years of ment. I leave you with this question— You know they say the coach will Washington’s economic extremism during tax week, 1996, when Washing- probably be judged on the wins and have trapped working families short of ton’s burden has become too much and losses. But basically, what effect he their dreams. the people are begging for our help, has had on the young men who have They are frustrated. They do not see what is this Government willing to sac- played on his team is just absolutely— where their tax dollars are going, or rifice in return? you cannot measure that. By his own how those dollars are directly improv- Mr. BURNS. Mr. President, might I words, the demands of coaching is a 16- ing their lives and their communities. inquire, are we in morning business? hour-a-day, 7-day-a-week job. It has a And given that, they do not understand The PRESIDING OFFICER. The Sen- way of catching up with you. Coach how Congress can keep coming after ate is in morning business. Read wants to make sure that his play- them for more. f ers will have a full-time coach that de- During one of our stops, a college votes all of his energy toward that student pulled me aside after my town RETIREMENT OF UNIVERSITY OF team. In that respect, I admire him for meeting in Duluth. He said, ‘‘It seems MONTANA FOOTBALL COACH putting the needs of a team before his like the federal government is reaching DON READ own. deeper and deeper into our pockets, but Mr. BURNS. Mr. President, I rise So the University of Montana is real- in my case, I don’t have any more to today to echo what is probably on the ly losing one of the great ones. We give.’’ He went on to say, I don’t qual- mind of everybody who ever attended want to thank him for the season just ify for student aid, so I’m working for school at the University of Montana, passed. The national championship is my tuition and rent. I’m paying all and every Grizzlies fan in my home one that is not written about and is not these taxes, but none of it comes back State. Coach Don Read, the football voted on by sportswriters. It is played. to benefit me. So please—cut my taxes coach of the last 10 or 11 years, is retir- Of course when you want it, he beat and let me keep my own money.’’ ing. He told us all Monday that he was Marshall here in the State of West Vir- People do not understand what is retiring in order to spend more time ginia. It was a great thrill for all of us happening in Washington. The crowds with his wife, Lois, and the rest of the who live in the State of Montana. at my town meetings wanted to know family, and to move in a new direction. Coach Read said he believes his re- why the President campaigned on a We are losing a legend in Missoula. placement will be the best coach ever. promise to balance the budget and cut We are saddened by that, even a little I hope he is right. But I tell you he will their taxes, but then vetoed the bal- bit stunned, because Coach Read is the be stepping into some awfully big

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3420 CONGRESSIONAL RECORD — SENATE April 17, 1996 shoes. Just like anybody else, he will the Joint Chiefs of Staff, Gen. David ding the world of antipersonnel land- have to get his cleats the old-fashioned Jones; the former Supreme Allied Com- mines. way. He will have to earn them. That is mander, Gen. John Galvin; former There is no reason why today, with the way it will be. Commander in Chief of the U.S. South- the world’s attention focused on Bos- Mr. President, we bid farewell to a ern Command, Gen. Frederick Woerner; nia, where we are spending tens of mil- man who has brought so much respect former Commmanding General, U.S. lions of dollars just to try to find the and so much quality to the University Readiness Command, Gen. Volney War- mines, we cannot join with our NATO of Montana and the football program, ner. Mr. President, these are generals partners, who have gone way out ahead and we say goodbye, but we do not say who know what has happened. of the United States, and renounce so long. I ask unanimous consent that a copy these insidious weapons. Let the I yield the floor. of the generals’ letter be printed in the United States—the most powerful na- f RECORD following my remarks. tion on Earth—instead of being a fol- The PRESIDING OFFICER. Without lower in this, become the leader. A law PROGRESS TOWARD A BAN ON objection, it is so ordered. we voted for in the Senate, now on the ANTIPERSONNEL LANDMINES (See exhibit 1.) books, says we will halt our use of Mr. LEAHY. Mr. President, I want to Mr. LEAHY. There is no doubt that these landmines in 3 years. It should bring Senators up to date on the antipersonnel landmines have some happen immediately, and it should be progress of the past 2 months since the use. Any weapon does. But to those permanent, as Germany, Canada, and Leahy amendment for a moratorium on who would argue that whatever use the others have done. Our senior re- the use of antipersonnel landmines was they have outweighs the devastation tired combat officers support it. Hun- signed into law. they inflict on whole societies, I would dreds of humanitarian organizations That amendment received bipartisan answer that the commanders of our support it. They have seen the limbs support from about two-thirds of the forces in South Korea, Vietnam, NATO, torn off children at the knee. Senate. It was supported by the House- and Desert Storm say otherwise. If I have anything to do with it—and Senate conference committee, and it They say we can get rid of these I intend to—this country is going to was signed by the President on Feb- landmines. These generals have used end this century having banned these ruary 12. I want to thank all those Sen- antipersonnel landmines and have seen terrible weapons once and for all. I ators who voted for it. I would also like what they do. They say these indis- hope the President and his administra- to thank those Senators who have criminate weapons made their jobs tion will do what the United States come up to me since the vote who did more dangerous, not safer. They re- Senate has already done—shown lead- not vote for it and said now they member their troops being blown up by ership in this. I hope that the rest of wished they had because of the havoc their own minefields. the Congress will do that, and then I that the mines have wreaked in Bosnia. Today, it is landmines that our hope that the United States will come In fact, in Bosnia just since Decem- troops fear the most in Bosnia. No back into a leadership role in banning ber, 38 NATO soldiers have been in- army is going to challenge our men and landmines. It is what our NATO allies jured, 7 have been killed by landmines, women in Bosnia, but there are hidden want, it is what our retired generals including 3 Americans. There are 3 mil- killers everywhere. A $2 antipersonnel want, and it is what our men and lion landmines left in Bosnia. To put mine will blow the leg off the best- women in the Armed Forces want. that in perspective, there are 3 million trained, the best-equipped, the best- Mr. President, I ask unanimous con- landmines in a country about the size motivated American soldier. sent that an article in the April 8 edi- of Tennessee. They will kill and maim In the 2 months since February, Can- tion of Newsweek magazine, by David civilians for decades after our troops ada, the Netherlands, Australia and, Hackworth, America’s most decorated leave. Children going to school, farm- yesterday, Germany, have announced soldier, entitled, ‘‘One Weapon We ers working in their fields, and people they will unilaterally, effective imme- Don’t Need,’’ be printed in the RECORD. going to market will be dying long diately, ban their use of antipersonnel There being no objection, the article after most of us have left the U.S. Sen- landmines. These countries have gone was ordered to be printed in the ate. way out ahead of the United States in RECORD, as follows: Over the past several years, I have showing leadership to ban landmines. [From Newsweek, Apr. 8, 1996] sponsored legislation against anti- Several, like Germany, said they will ONE WEAPON WE DON’T NEED personnel landmines. The purpose of destroy their stockpile of these weap- (By David H. Hackworth) my legislation has been to exert United ons. They are taking this action, which Last February, Sgt. 1/C Donald A. Dugan States leadership so that pressure far surpasses what the United States was killed instantly on a snowy patch of would build on other countries to fol- has done, to lead the rest of the world. ground in Bosnia. An antipersonnel mine ex- low our example. During a lot of that Mr. President, next Monday, the ploded while the veteran U.S. Army recon- time this was seen as some kind of a United States will join over 50 coun- naissance sergeant was attempting to disarm crusade of civilians against the mili- tries in Geneva in the final session of it. The explosion drove a piece of the steel tary. It was never the case. It was negotiations on a treaty to limit the disarming tool into his forehead. On a dozen never intended by me to be the case. In use of antipersonnel landmines. We al- different killing fields around the world in the past 50 years. I’ve seen thousands of sol- fact, one of the greatest encourage- ready know that any agreement is diers and civilians blasted apart by land ments I had in my efforts to ban land- going to fall far short of what is needed mines. In northern Italy, where I served as a mines was the support I received from to solve this problem. Countries have 15-year-old soldier boy at the end of World combat veterans around this country. insisted on exceptions and loopholes War II, I saw an army captain’s legs ripped Those who say we need antipersonnel that are just going to assure that land- off by a land mine. In Bosnia last January, I landmines should read the April 3 full- mines will continue to maim and kill came within minutes of becoming a casualty page open letter to President Clinton innocent civilians for decades to come. myself from a land-mine explosion. But I’ve that appeared in the New York Times. In the weeks of negotiations there never seen a battle in which land mines made a difference to the outcome. They are In this full-page letter to the Presi- have not been more than 2 minutes of ugly and ineffective weapons, and they ought dent, 15 of the country’s most distin- discussion on the banning of these to be outlawed. guished retired military officers called weapons—the simplest and easiest Land mines are indiscriminate killers. for a ban on the production, the sale, thing to do, and what all of these dis- They kill not only during the conflict, but the transfer, and the use of anti- tinguished retired American generals decades after the last shot was fired. The personnel landmines. They say such a asked us to do. The only way we are technology has improved; a modern mine can ban would be both ‘‘humane and mili- going to get rid of antipersonnel land- be programmed to blow itself up after a few tarily responsible.’’ weeks or months, reducing the postwar mines is by leadership that energizes threat to civilians. But anti-personnel mines Look at some of the people who the rest of the world. are still not ‘‘smart.’’ They can’t tell a good signed this. These are not just wild- A year and a half ago in a historic guy from a bad guy, a soldier from a civilian, eyed theorists. They include Gen. Nor- speech at the United Nations, Presi- an adult from a child. And some fail to blow man Schwarzkopf; former Chairman of dent Clinton declared the goal of rid- themselves up. When millions of mines are

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3421 scattered across a battlefield by air and ar- can declare land mines illegal, just as chem- General David Jones (USAF; ret.), former tillery, even a tiny ‘‘dud rate’’ will leave a ical weapons were prohibited. Sure, thugs Chairman, Joint Chiefs of Staff; substantial number lying in wait for inno- like Saddam Hussein or Ratko Mladic will General John R. Galvin (US Army, ret.), cent victims. continue to use them. But users (along with former Supreme Allied Commander, Of all the instruments of terror used on the manufacturers and dealers) can be hunted Europe; battlefield, mines are the most inhumane. down and punished by an international General H. Norman Schwarzkopf (US The wartime casualties are young men court. If that happens just a few times, anti- Army, ret.), Commander, Operation whose lives are either snuffed out or ruined personnel mines will go the way of mustard Desert Storm; forever by crippling injuries. Even soldiers gas. I’ll drink to that, and so will most vet- General William G.T. Tuttle, Jr. (US who escape from a minefield unscathed are erans of foreign wars. Army, ret.), former Commander, US haunted by the experience. Many cases of Army Materiel Command; posttraumatic stress disorder, a serious psy- Mr. LEAHY. Mr. President, let me say one last time that we can ban land- General Volney F. Warner (US Army, chological malady, were caused by the prey- ret.), former Commanding General, US ing fear of mines and booby traps. Years mines. We can ban landmines certainly Readiness Command; later, a walk across an open field bring back within this century. We can ban them General Frederick F. Woerner, Jr. (US the old dread: What’s under those leaves? Do if the most powerful nation on Earth, Army, ret.), former Commander-in- I dare put my foot on that freshly turned the United States, takes the leadership Chief, US Southern Command; earth? Walk through a minefield, and you’ll Lieutenant General James Abrahamson never be young again. role that it must in this. If we do what During the Korean War, tens of thousands so many other countries have already (USAF, ret.), former Director, Stra- of soldiers on both sides were felled by land done, and if we, instead of following tegic Defense Initiative Office; mines. Many of them were killed by their them, step out ahead of them, we can Lieutenant General Henry E. Emerson (US Army, ret.), former Commander, own mines, recklessly thrown down in haste, ban these landmines once and for all. If their location unrecorded. In 1952, as a 21- XVIII Airborne Corps; we do, our men and women, when sent Lieutenant General Robert G. Gard, Jr. year-old lieutenant, I was ordered to clear a into harm’s way, will be safer. Our hu- path through an unmapped minefield—one of (US Army, ret.), former President, Na- our own. I argued with my colonel about the manitarian workers will be safer, and tional Defense University, President, advisability of doing such work on frozen, millions of children and innocent civil- Monterey Institute of International snow-covered ground. Lieutenants seldom ians around the world will become Studies; win disputes with colonels, so the mine- safer. Lieutenant General James F. Hollings- clearing detail proceeded as ordered until a I yield the floor. worth (US Army, ret.), former I Corps fine black sergeant named Simmons tripped (ROK/US Group); EXHIBIT 1 the wire on a ‘‘Bouncing Betty’’ mine. It Lieutenant General Harold G. Moore, Jr. popped up from the ground and blew off the [From the New York Times, Apr. 3, 1996] (US Army, ret.), former Commanding top of his head, covering me with his blood AN OPEN LETTER TO PRESIDENT CLINTON General, 7th Infantry Division; and brains. Moments later, another noncom DEAR MR. PRESIDENT: We understand that Lieutenant General Dave R. Palmer (US went nuts and stomped out into the mine- you have announced a United States goal of Army, ret.), former Commandant, US field, screaming: ‘‘I’ll find the f------mines, the eventual elimination of antipersonnel Military Academy, West Point; I’ll find the f------mines!’’ He was tackled, landmines. We take this to mean that you Lieutenant General DeWitt C. Smith, Jr. restrained and led away. support a permanent and total international (US Army, ret.), former Commandant, In Vietnam, the U.S. Armed Forces also ban on the production, stockpiling, sale and US Army War College; used land mines irresponsibly, dropping mil- use of this weapon. Vice Admiral Jack Shanahan (USN, ret.), lions of them at random by air. The enemy We view such a ban as not only humane, former Commander, US Second Fleet; quickly learned how to disarm these weapons but also militarily responsible. Brigadier General Douglas Kinnard (US and recycle them for use against us. The in- The rationale for opposing antipersonnel Army, ret.), former Chief of Military fantry battalion I commanded in the Ninth landmines is that they are in a category History, US Army. Division took more than 1,800 casualties in a similar to poison gas; they are hard to con- year and a half, most of them caused by re- trol and often have unintended harmful con- f cycled U.S. ordnance. Mines cannot secure a sequences (sometimes even for those who flank or defend a position by themselves. For employ them). In addition, they are insidious SEXUAL OFFENDER TRACKING a minefield to be even marginally effective, in that their indiscriminate effects persist it must be protected by friendly troops, to long after hostilities have ceased, continuing AND IDENTIFICATION ACT knock off the bad guys who want to clear a to cause casualties among innocent people, Mr. GRAMM. Mr. President, I have path or use the mines against you. especially farmers and children. Mines never stopped any unit of mine from introduced The Sexual Offender Track- We understand that: there are 100 million taking its objective—or the enemy from get- ing and Identification Act of 1996 with landmines deployed in the world. Their pres- ting inside my wire. Anyone who has ever Senators Biden, Hutchison, and Fair- ence makes normal life impossible in scores been in battle, especially in Korea or Viet- of nations. It will take decades of slow, dan- cloth. I would like, this morning, to nam, has seen enemy sappers crawl through gerous and painstaking work to remove talk a little bit about this bill, its ori- mines and barbed wire and get into their po- these mines. The cost in dollars and human gins and what it seeks to do. sitions. I once faced a Chinese ‘‘human lives will be immense. Seventy people will be I begin by asking unanimous consent wave’’ attack in Korea. My company was dug killed or maimed today, 500 this week, more in on high ground, with plenty of weapons, to have printed in the RECORD a letter than 2,000 this month, and more than 26,000 ammo and artillery support. Out in front of of endorsement from the National Cen- our position we laid a carpet of mines and this year, because of landmines. ter for Missing and Exploited Children. flares. The enemy attacked in regimental Given the wide range of weaponry avail- There being no objection, the mate- strength, outnumbering us 9 to 1. They able to military forces today, antipersonnel landmines are not essential. Thus, banning rial was ordered to be printed in the walked through our minefield—and our gun- RECORD, as follows: fire—without missing a beat. They cut my them would not undermine the military ef- company in half and within an hour were two fectiveness or safety of our forces, nor those NATIONAL CENTER FOR MISSING miles to the south, in our rear. The only way of other nations. & EXPLOITED CHILDREN, out was to move north, so we trudged The proposed ban on antipersonnel land- Arlington, VA, April 16, 1996. through our own somewhat depleted mine- mines does not affect antitank mines, nor To: Senator Phil Gramm. field to escape, losing two men in the proc- does it ban such normally command-deto- From: Teresa Klingensmith, Manager, Legis- ess. nated weapons as Claymore ‘‘mines,’’ leaving lative Affairs. Most serving generals especially the desk unimpaired the use of those undeniably mili- Date: April 16, 1996. jockeys, are in favor of mines. The real war- tarily useful weapons. Re Necessity of Sexual Predators Tracking fighters usually want to get rid of them. Nor is the ban on antipersonnel landmines and Identification Act of 1996. Whatever defensive punch is lost would be a slippery slope that would open the way to The benefit of a national sex offender reg- more than offset by the new firearms and efforts to ban additional categories of weap- istry network and database, such as the one missiles that give today’s infantry platoon ons, since these mines are unique in their in- envisioned in your bill, cannot be overstated. more killing power than a Korea-vintage discriminate, harmful residual potential. As we see the effects of the mandates con- battalion. ‘‘Mines are not mission-essential,’’ We agree with and endorse these views, and tained in the Wetterling Act—presently 47 says one general, ‘‘but they are budget-es- conclude that you as Commander-in-Chief states have sex offender registry programs— sential.’’ In 1996, the U.S. Army budgeted $89 could responsibly take the lead in efforts to we are made cognizant of the new obstacles million for land-mine warfare. Now the army achieve a total and permanent international to be tackled with regard to sex offender is fighting to protect every nickel. ban on the production, stockpiling, sale and containment. It is time for the next steps Still, some retired generals want to ban use of antipersonnel landmines. We strongly contemplated but not attended to in mines, and I agree with them. Governments urge that you do so. Wetterling.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3422 CONGRESSIONAL RECORD — SENATE April 17, 1996 1. A registry network. Fifty individual predators, why what they are doing have a file built on them. Then, when state sex offender registries would be suffi- cannot work unless we do our part, and they leave prison, they have to register cient if no sex offender ever moved inter- then outline what we are trying to do with law enforcement authorities in state. Unfortunately, that is certainly not in this bill. the town that they move into. The law the case. Indeed, these offenders tend to be Three years ago, a 7-year-old girl particularly transient individuals, probably enforcement authorities then notify due to the need to conceal the darker side of named Ashley Estell went to a park in the school system, print a notice in the their lives and seek out new victims. As Plano, TX, which is an upscale suburb newspaper, and make the data avail- these offenders move from state to state, of Dallas, one of the finest commu- able to local civic organizations, local they can easily get lost in the paper-shuf- nities in America, and certainly we groups, and other groups where you fling from state to state. A central, federal would assume one of the safest. She have substantial concentrations of database and verification system will insure went to the park that day to watch her children. With this system, which is in that these individuals do not ‘‘fall through brother play soccer. Ashley’s brother place today, if somebody wants to be a the cracks’’ as they move from state to played in the second of three games to scoutmaster in Plano, TX, the scouting state. 2. Community notification. Thirty states be played that day and while her par- council can go to the local police de- have enacted community notification laws, ents stayed to watch the final game, partment and say, ‘‘This person wants and more are being considered in the 1996 Ashley went to play on a swing set. Al- to be a scoutmaster. Can you look on state sessions. These laws remain very pop- though there were 2,000 people in the your computer data base and see if ular, despite the current judicial debate sur- park that day, this little girl was, nev- there is a reason that we should be con- rounding them.1 However, like sex offender ertheless, abducted, raped, and brutally cerned about trusting young children registries, these laws are ineffective in the murdered. to this person?’’ This system has been larger scope if offenders can evade them sim- The FBI stepped in to investigate the ply by moving across a state line. Already, I set up in Texas, 46 other States have receive letters from offenders in prison re- case, and asked parents who were there established similar programs, and I be- questing information about which states that day to turn in any video cassette lieve Texas’ is a model system. have notification programs and which do recordings they might have taken of The problem is, since each State has not. These offenders are not stupid; we must games on the playground. The FBI, its own individual program, when be as clever as they if we intend to protect using the 14 tapes that were turned in, someone commits a sex crime in Texas our children. No current federal law suggests was able to go back and identify a and moves to Arizona, there is no the passage of a community notification pro- known sexual predator who had been mechanism to pick them up in Arizona. gram as strongly as your legislation or pro- there the day Ashley was abducted. The same, obviously, is true if some- vides the background on which to build such body commits a sex crime in Chicago, a national system. No current community They apprehended him, and after a notification program will be truly effective change of venue to Midland, TX, he was goes to prison, gets out, and then until all 50 states have relatively uniform convicted and sentenced to death. His moves to College Station, TX. There programs; this bill the next step towards record was a record that we read about simply is no mechanism to pick them such coverage. every day in the newspaper—he had up once they cross State lines. 3. Release of information. Child molesters been previously convicted, had been Senator BIDEN, Senator HUTCHISON, dedicate an enormous amount of energy ob- sentenced to 10 years in prison, had Senator FAIRCLOTH, and I have offered taining legitimate access to children. This gotten out in just 18 months, and then a bill to change this by having the FBI includes securing positions (if possible) in set up, working with the States, a na- day care centers, child youth organizations, went to this park and abducted and schools, community centers, etc. In recogni- murdered a little girl. tional data base on sexual predators. tion of this, states have responded by passing What shocked Plano, the whole As the Presiding Officer knows, we are background screening laws requiring crimi- metroplex and, to some degree, the en- in the process of building a massive nal background checks for those who have tire country, was not just this tragic criminal data base which is expected to access/contact with children. Unfortunately, crime, but the fact that the FBI, in be on-line by the year 2000. This system most of these checks stop at state lines. looking at these 14 tapes, identified not will be the most comprehensive data Without a national database of sex offenders one, but two sexual predators who were base on criminals in the history of and authorized access to that database, these mankind. I was chairman of the Com- background checks won’t accomplish their there in the park on that day. It turned true purpose. We strongly support your ef- out that the referee of all three soccer merce, Justice, and State Department fort to provide such a database. games played that day was a convicted Appropriations Subcommittee last Sex offenders do not only victimize the sexual predator, who had fled from year when Florence Shapiro, our State women and children they attack; they vic- North Carolina to Texas to avoid being senator, was writing her bill, and it timize society as a whole. As a nation we sent to prison for 10 years. struck me, in providing $88 million for have a depleted sense of security and trust as One of the greatest tragedies was this program, that this sexual predator a result of these individuals. To combat that the soccer league had no way of effort is never going to work as long as these offenses and their long-term results re- sexual predators can move across State quires a plan that addresses all the aspects knowing who this person was and no of their behavior and strives to empower the way of checking his record. Further, lines and escape the system. Needless community to protect itself and its children. there is no national database that can to say, we are already beginning to get NCMEC has long advocated a reasonable, re- be used to check the records of any- evidence which proves this. Even sponsible, long-range approach to containing body else who wants to be a scout- though most of these State laws are al- sex offender recidivism. I believe your bill is master for the Girl Scouts or the Boy ready in effect, it is becoming increas- a positive contribution to such a long-range Scouts, who wants to work for the ingly clear that exactly what you plan and necessary to its development. Boys and Girls Club, or wants to be a would expect happen has indeed hap- The inclusion on the FBI’s Wanted Persons Index for unverifiable offenders is a clever Big Brother or Big Sister. pened; that is, sexual predators, in and strong answer to a persistent question. And so, in light of this terrible trag- Texas and elsewhere, who are required Many offenders may be coerced into updat- edy, Florence Shapiro, an outstanding to register when they move into a com- ing their registration information by the young State senator in my State of munity are trying to escape this in- threat of inclusion on that list. It is a prac- Texas, wrote a series of bills called creased scrutiny. Although we do not tical, no-nonsense solution. Ashley’s laws, named after this little have enough data yet to show this con- We support your efforts and commend your girl. These bills sought, among other clusively, I think it is increasingly interest in child protection. things, to set up a statewide tracking clear that the interstate migration of Mr. GRAMM. Mr. President, let me system for sex offenders, and required a convicted sexual predators has ex- begin with a tragic story, and then minimum mandatory sentence of life ploded as these convicts try to exploit talk about a Texas law, what other imprisonment without parole for a sec- the weakness of the current system. States have done in the area of sexual ond sexual offense or for aggravated What we are trying to do in this bill sexual assault. is to have the FBI set up a national 1 Even this judicial debate centers on specific as- Under the tracking system in Texas, data base in conjunction with those pects of these laws (i.e. retroactive application) before convicted sexual predators can States that have registration laws, and rather than on the spirit of the community notifica- tion program. The basic theory of notification has be released from prison, they have to set up a data base for the three States withstood all challenges. be photographed, fingerprinted, and that have not yet acted in this area, in

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3423 order to develop a national system that Finally, I see this bill as being a first these systems, if any States fail to act, all States can participate in as part- step toward using the power of the in- we cannot allow there to be a black ners. Under this system, any time a formation age to deny criminals the hole where sexual predators can hide— sexual predator is released from prison, one thing they need to prey on society, and are then lost to all States. A na- we will have a comprehensive file on and that is a dark corner to hide in. I tionwide system will track offenders if them, and wherever they move we will believe that with the explosion of the States do not maintain registration ensure that the local law enforcement information age, if we are willing to systems. authorities are notified. We will leave commit the resources to hire and train Third, we must ensure that the most it up to the State and local officials as law enforcement officials, to build pris- serious sexual predators are required to to how they want to use this informa- ons, and to elect and appoint judges remain registered with law enforce- tion. Some States, like Texas, have that are serious about protecting soci- ment officials for the rest of their very aggressive programs which pro- ety, we have the ability to protect our lives. vide for school notification, public no- children from people for whom the pre- All of these key goals will be met by tification, and a program through ponderance of the evidence shows that this legislation. In addition, our bill which volunteer civic organizations they are guilty. I think the power of will offer some improvements which can use the data base to determine the information age in denying crimi- are made possible by the nationwide whether someone should be put in a po- nals—in this case, sexual predators—a system this bill will provide. For exam- sition of trust with regard to children. dark corner to hide in is going to give ple, our bill will— We do not get into telling the States us the ability to have the safest society Require all offenders to verify their how to use the data base, we simply as- we have had in over half a century. address on a regular basis by returning sure that they have access to a nation- I want to be certain that we take this verification cards with their finger- wide sexual offender registry. opportunity to achieve these goals and prints. Let me, in conclusion, provide an ex- I hope my colleagues will look at this Require that a nationwide warning is ample of how this system might work bill and will join us in this effort. We issued whenever an offender fails to once this bill is passed and the data hope to see this bill become law this verify their address or when an of- base is operating. Let us say that in spring and do not know of any orga- fender cannot be located. Tucson you had the principal of an ele- nized effort against it. The ACLU op- Institute tough penalties for offend- mentary school call up the police chief posed similar provisions in my State, ers who willfully fail to meet their ob- and say, ‘‘We have a strange guy hang- arguing that we were violating the ligations to register with the nation- ing around our school, and maybe I am right to privacy of people who had pre- wide system in States where there is overreacting to this, but our janitor viously been convicted as being sexual no registration and in cases of offend- thinks he saw this guy looking into a predators. My response to this charge, ers who move from one State to an- bathroom window.’’ What would hap- however, is that you do not have to be other. pen with this system in place is that on this list. If you are concerned about Notify law enforcement officials not the police chief in Tucson could send a your privacy, do not molest our chil- only when an offender moves to their police officer out to the school, get a dren. If you do not commit a sexual area, but also when an offender moves description of this individual, get any crime, then you will not lose your pri- out of their neighborhood. evidence there might be—a footprint, vacy. But if you do commit this kind of To offer just one of the practical for example—and if they had a com- terrible crime, part of our response will problems a national data base will help puter in the patrol car, they could ac- be to take extraordinary procedures to local law enforcement address—Dela- tually put the data into the computer protect society. ware law enforcement, because Dela- at that moment and ask the data base, So I recommend this to my col- ware is so close to other States, will ‘‘Can you take this description and leagues, I thank the Chair, and I yield certainly need to know if a sexual pred- match it against any registered sexual the floor. ator lives just over the line in Pennsyl- predator within 25, 50, 100, or 1,000 Mr. BIDEN. Yesterday, Senator vania. And only a national data base miles of Tucson, AZ?’’ The computer GRAMM, Senator HUTCHISON, Senator can provide this information. could then generate, for example, six FAIRCLOTH, and I introduced Senate To offer a real life example of why a people who meet this description, and bill 1675—legislation to strengthen and nationwide system is needed—in Dela- produce color, digitized photographs of improve the Jacob Wetterling Crimes ware, a sex offender was released last those individuals. These photos could Against Children and Sexually Violent year. Fortunately, Delaware’s offender then be immediately shown to the prin- Offender Registration Act. registration law requires this of- cipal, to the kids, to the teachers, and The Jacob Wetterling Act requires fender—Freddy Marine—to be tracked to the janitor, and, hopefully, they States to enact laws to register and by Delaware law enforcement. Since could identify this person. track the most violent, the most hor- his release, Marine has moved to an- In my State, it is a felony for a per- rible—and least likely to be rehabili- other State. The nationwide system es- son who has previously been convicted tated—criminals our Nation faces tablished by this bill will help make as a sexual predator against children to today. I refer to those criminals who sure that if Freddy Marine moves back be within a certain distance of the attack our children and criminals who to Delaware—our State law enforce- school whether they are still on parole are sexually violent predators. ment will know, and knowledge is the or not, and so in Texas the police could These criminals must be tracked. key to effective enforcement. go out and arrest this person and put And local law enforcement must know Let me also point out that our bill them back in jail before they could when these criminals are in their com- would still allow States the flexibility hurt someone. munities. This was the reason I worked to decide when a community should be It is important to note that sexual to include this important measure in notified of the presence of a sexual of- predators have a recidivism rate that is the 1994 crime law. And I will also fender, as State and local law enforce- higher than any other known class of point out that almost all States have ment is in the best position to decide criminal activity. The probability that taken great strides to build an effec- when and how notification in their someone who is convicted of being a tive tracking system. area is warranted. Frankly, our bill has sexual predator, especially if it is a Now we seek to build upon this erred on the side of registering many crime against a child, committing that progress to meet three specific goals: more offenders than may be necessary. crime again is estimated to be 10 times First, we must have a nationwide Therefore, the specific decision to re- higher than the probability that an system that will help State and local quire community notification must be armed robber who is apprehended, con- law enforcement track these offenders left to the State and local officials. victed, and sent to prison will commit as they move from State to State and In summary, the sex offender track- the act of armed robbery again. As a will help by providing a backup system ing and identification bill is possible result, we have a special obligation to of tracking. because States such as Delaware and be vigilant in protecting society from Second, while most States have es- Texas have done the hard work to build sexual predators. tablished or are about to establish statewide registration systems. We

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3424 CONGRESSIONAL RECORD — SENATE April 17, 1996 now seek to build a system where all LEGISLATIVE AGENDAS others, is an issue they have worked on movements of sexually violent and Mr. DORGAN. Let me, Mr. President, for over a year. There was not any in- child offenders can be tracked and we just take a moment to describe what tention to hold the bill up but simply will go a long way toward the day when happened yesterday since the Senate to say on behalf of those folks out none of these predators will fall be- went into recess and I was unable to there working on a minimum wage who tween the cracks. speak about it. have for 6 years not received any kind Mr. DORGAN. Mr. President, I ask There are stories in the press today of an increase at all, they have been unanimous consent to extend morning which say that the majority leader frozen for 6 years and have lost a half business time for 10 minutes so that I pulled the bill on immigration and said a dollar of their wage to inflation in might speak in morning business. that some were trying to hold the im- terms of purchasing power, we will try The PRESIDING OFFICER (Mr. migration bill hostage in the Senate to give you a slight increase in the COVERDELL). Without objection, it is so yesterday. minimum wage. ordered. That is not the case at all. It is sim- That is what the fight was about. It Mr. DORGAN. I say to the Senators ply not accurate. It is true that amend- was not a fight to try to hold up the who are handling the bill that when ments were offered to the immigration bill. they come to the floor I will certainly bill. My amendment was offered yester- Now, the majority leader came to the immediately relinquish the floor. day that deals with a Social Security floor and, apparently with great frus- Let me say to the Senator from issue, but I indicated to the person tration, said, well, this Social Security Texas before he leaves the floor that I managing the bill I would be willing to amendment and others have nothing to am interested in cosponsoring that accept a 20- or 30-minute time agree- do with the underlying bill. piece of legislation. I met with a group ment on my amendment. It was not a The majority leader understands how of law enforcement officers recently in circumstance where my amendment the Senate works. He has been here for Dickinson, ND, in fact, last week. We was going to hold up the bill. There a long, long time. He came to the floor talked about a wide range of subjects, would have been a minimum wage when we had family and medical leave including the triple ‘‘i’’ index, the amendment, but Senator KENNEDY in- in this Chamber and offered a gays in interstate identification index, the dicated he was willing to accept a time the military amendment that had criminal records base, and there are agreement of perhaps an hour, perhaps nothing to do with the bill. It was be- two things that are deficient. One is a half-hour, on that minimum wage cause he wanted to offer his amend- there are a great many criminal amendment. So no one could accu- ment dealing with gays in the military. records dealing with the criminal his- rately describe that as holding any It was completely extraneous. It was tory of someone who is below 18 years kind of a bill hostage. nonrelevant. But he did it because he of age, someone who has committed a I want to describe the circumstance felt it was important to do. murder, a rape, armed robbery, and so we were in yesterday and why I had to On the immigration bill yesterday, on, that you cannot get at. If you in- offer the Social Security amendment. the only opportunity, it seemed to us, quire from a law office in Texas and The majority leader has announced in to be able to register on this issue of this person had committed the act in the Senate that he intends to seek re- the misuse of the Social Security funds South Dakota, North Dakota, or Ne- consideration of the constitutional in a constitutional amendment to bal- braska, those records are expunged and amendment to balance the budget. He ance the budget, the only opportunity withheld. So you do not have the com- has the right to do that, and when he we would have had before the majority plete criminal history. does it, as I understand the procedure, leader would bring up the vote on the The other thing that they talked there will be no debate and no oppor- constitutional amendment to balance about was this issue of sexual preda- tunity for an amendment. That is the the budget was to offer it before he did tors. It is fine for States to have the procedure under which he will seek re- it, and so we used the first vehicle that system, but, if they are not together consideration. came along. and interlocked in this interstate iden- As a result of that, those of us who It is not an attempt to frustrate the tification system, somehow it does not care about an issue that is related to immigration bill. Much in the immi- respond to the way we want it to re- the constitutional amendment to bal- gration bill I support, as do many of spond. ance the budget, namely the issue of my colleagues. The immigration bill I listened to what the Senator from using Social Security trust funds as will pass the Senate, in my judgment, Texas had to say. I want to cosponsor part of the revenue to balance the if the majority leader brings it back to the legislation and work with him and budget, wanted to offer a sense-of-the- the floor. But he is not going to be in others. I think this makes a great deal Senate resolution saying any constitu- a circumstance where he comes to the of good sense. tional amendment to balance the budg- floor of the Senate and says: Here is Mr. GRAMM. I thank the Senator. et that is brought to the Senate floor our agenda, and you vote on our Let me say we are looking at exactly should create a firewall between the amendments and our agenda when we the problem of at what point should a Social Security trust funds and the op- want to vote; and with respect to the juvenile go on this database. It is clear erating revenues of the Federal Gov- things you care about, we are sorry but to me that, in the society in which we ernment. they do not count; they are irrelevant. live today, by the time many of these Now, why is that important? Because It is not the way the Senate works. hardened criminals, these sexual preda- if you do not do that, we will have And so we are not trying to hold up tors, are adults, they have already nearly $700 billion of Social Security any piece of legislation. We very much committed many crimes and have es- trust funds misused. They were sup- want the Senate to register itself on a tablished a life style which they are posed to have been collected to be couple of important issues. unlikely to break. Senator BIDEN and I saved for the baby boom generation With respect to whether these issues are working on these kinds of prob- when they retire. But instead, they are just politics, as a couple of people lems, and we will happily put the Sen- will be used as revenues on the revenue have suggested, I guess if we get to the ator on as a cosponsor. side of the budget to show a lower point when we are talking about a min- We would also be happy to try to in- budget deficit. imum wage for millions of Americans corporate into our bill any suggestions Some of us feel that is wrong. I know who have not had an adjustment in the the Senator or his law enforcement of- that yesterday it was charged, well, minimum wage for 6 years, if we get to ficials might have. this is just politics. It is not just poli- the point where we say, well, that is We have a blueprint of what we want tics. It is an enormously important just politics if we want to talk about to do, but we are very open to try to question that this Senate must ad- the minimum wage, they have changed improve it, and I thank the Senator. dress. So far it has addressed it in the the definition of politics. If it is just Mr. DORGAN. I appreciate the Sen- wrong way. politics when we want to talk about ator’s remarks. I will cosponsor the The minimum wage, which was also $700 billion of Social Security trust legislation and be anxious to work with scheduled to be offered as an amend- funds being misused to show a lower him on the juvenile crime issue. ment by Senator KENNEDY and some budget deficit, then they have changed

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3425 the definition of politics. That is not I do not want people coming to the the conclusion reached in this study politics, in my judgment. It is what we floor of the Senate and saying, well, we are subject to debate, there is nonethe- ought to be discussing in the Senate. offer all of our amendments, any less a compelling need for significant My hope is that when we finish the amendment, any time we want on any change. antiterrorism bill, which I think will bill we want, but if you offer an amend- With over 4 million illegal aliens cur- be moved out of the Senate with a yes ment on minimum wage here, somehow rently in this country, and over 300,000 vote, we will turn to the immigration you are playing politics. arriving annually, the increasing bur- bill, and we will deal with these amend- That is not the way the Senate dens on our society demand our atten- ments. works. If one side is able to use legisla- tion. The fact is these amendments are not tion to advance the policies they want I would like to point out that in my going to go away. I heard the majority to advance, then the other side is going home State of Colorado, for the 5- leader and others say, well, those who to do the same thing, and it ought not month period from November 1995 offer these amendments simply want to be a surprise to anybody. I just do not through March 1996, the Immigration cover their vote against the constitu- like to see stories in which we are told and Naturalization Service [INS], con- tional amendment. that somehow somebody yesterday was tacted a total of 3,486 illegals. Of those, We had two votes on the constitu- holding an immigration bill hostage. 2,014 were deported, while 1,472 were let tional amendments last year. I voted Both amendments that were to be of- go. for one, which was the right one, which fered to the immigration bill would Mr. President, I would like to bring did not misuse the Social Security have been subject to, and the authors your attention to a newspaper article trust funds, and I voted against the one of both amendments had said that they from the Denver Post dated April 12, that did misuse the Social Security would agree to, very short time agree- 1996, that reads in part, ‘‘Last week, a trust funds. You cannot take money ments. Nobody was holding anything van filled with 29 illegal immigrants was stopped on Interstate 70 in Grand from workers’ paychecks and say to hostage. People ought to know that. them we promise this is dedicated for Mr. President, I yield the floor, and I Junction, but a lack of detention funds only one purpose; it goes into a trust make a point of order a quorum is not kept the INS from arresting them or their driver.’’ fund; it is going to be saved for Social present. These incidents come just days after Security when we need it when the The PRESIDING OFFICER. The the INS Operation Mountain Passes baby boomers retire, and then say, oh, clerk will call the roll. ended. As a result of this program, de- by the way, we have changed our mind; The assistant legislative clerk pro- signed to specifically crack down on the $71 billion this year that we collect ceeded to call the roll. smugglers, roughly 1,300 illegal immi- above what we need for Social Secu- Mr. LEAHY. Mr. President, I ask grants were stopped, arrested, and de- rity, we are going to use that to bal- unanimous consent that the order for ported. However, and not so ironic, ance the Federal budget. the quorum call be rescinded. when the money ran out this program This is not a trust fund. The fund The PRESIDING OFFICER. Without ought not to have the word ‘‘trust’’ in ended. objection, it is so ordered. Again as recently as Monday, in Col- it if you are going to use it for other f orado Springs, CO, a van containing 13 purposes, and it is not politics for us to suspected illegal immigrants was start talking about some honesty in IMMIGRATION REFORM stopped by the Colorado State Patrol. Mr. CAMPBELL. Mr. President, I budgeting and protecting the Social Unfortunately, for some unknown rea- come to the floor today to make a few Security trust funds for the days when son the INS could not respond. Because brief comments on the immigration this country is going to need them the State patrol does not have the au- proposals that we will be debating over when the baby boomers retire. thority to arrest illegal immigrants, There are plenty of issues we need to the next few days. My first observation these individuals were released. This deal with in the Senate, and if every is to recognize the distinct set of issues represents the second time in less than that relate to and will be debated with time we come to the floor of the Senate a week that suspected illegal immi- respect to legal and illegal immigra- and talk about issues of substance, grants have been released because of tion. I commend the work of the Judi- whether it is the Social Security trust inadequate INS response capability. funds or a constitutional amendment ciary Committee for recognizing the As a result of changes in the dynam- to balance the budget or for that mat- merits of considering two separate bills ics of illegal immigration migration ter the minimum wage, it is alleged rather than one package, and I strong- Colorado has now become a major cor- somehow it is totally political, then I ly endorse the committee’s position. ridor for illegal immigrants migrating guess all of the activities of the Senate Mr. President, what I hear from east. Without the assistance of in- will be political this year. But some of many of my constituents on the issue creased law enforcement efforts, such us happen to think some of these issues of immigration is the growing costs ab- as Operation Mountain Passes, I am ought to be dealt with, and those who sorbed by the system, that is Federal, concerned that these successful efforts think they will avoid votes in the com- State, county, and local governments, may be curtailed. ing months should understand we will to continue to provide public services While I support efforts to increase come to the floor again and again and and benefits to the immigrant commu- law enforcement efforts to curb illegal again, and it is not to play games. It is nity. And recently, in my home State immigration, both at the border and to because it is serious business when you of Colorado, the increasing number of other impacted States, I do have con- are talking about $700 billion in the So- illegal immigrants, in particular, has cerns with provisions adopted in the cial Security trust funds, and it is also been a growing concern. House measure that may be considered serious business when you are talking Further, recent statistics, compiled in this Chamber. about folks who have worked on min- by the Congressional Research Service Primarily, I am concerned with the imum wages for 6 years and have had and other recent studies, clearly docu- provisions adopted in the House bill no adjustment relative to inflation. ment the enormous financial burden that seek to deny public education to So, Mr. President, I understand we placed on Government entities to pro- illegal immigrant children as a means have the antiterrorism bill that will be vide services to the immigrant commu- of reducing the flow of illegal immi- coming to the floor this morning. I nity. It is my belief that without sig- grants into this country. Congress hope we make good progress on it. I nificant changes to curb the flow of il- should not be so overzealous in its en- think there is a consent agreement of legal immigration, and to revisit cur- deavor to reduce the influx of illegal some sort with respect to amendments. rent benefits bestowed to legal and ille- aliens that we adopt stopgap measures That bill ought to get out of the Sen- gal immigrants, this financial burden that are actually destined to increase ate soon. I will likely vote for it. Then will continue to increase dramatically. the demands on public funding by ex- I hope we can turn to immigration and For example, a recent study out of panding the number of America’s deal with some of these issues. Rice University, concluded that immi- undereducated and unemployed. I have watched what has happened in gration costs to the United States ex- Any provision that seeks to deny the Senate now for some long time, and ceeded $50 billion in 1994 alone. While children access to education will place

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3426 CONGRESSIONAL RECORD — SENATE April 17, 1996 a massive burden upon our already SUSPECTED ILLEGAL ALIENS LET GO AFTER Hooray for the University of Texas— overburdened community services, INS NO-SHOW boo on the Pentagon. schools, and local law enforcement (By Teresa Owen-Cooper) f agencies. At a time when local and Thirteen suspected illegal immigrants TRIBUTE TO CHINA-BURMA-INDIA State leaders are making strenuous ef- from Mexico were detained briefly in Colo- VETERANS ASSOCIATION OF NE- forts to keep kids off the streets and in rado Springs on Monday night but released VADA school, education should be employed after federal authorities couldn’t respond to as an important tool to help solve take them into custody, according to the Mr. BRYAN. Mr. President, I rise Colorado State Patrol. today to honor the China-Burma-India America’s problems, not used as a The 12 men and one woman from Oaxaca, weapon against its most helpless vic- Mexico, on their way to Tennessee to pick Veterans Association [CBIVA] of Ne- tims. fruit, were stopped on Interstate 25 near U.S. vada. These veterans played a decisive Mr. President, reducing the flow of il- Highway 24 about 7 p.m. after their van was role in World War II. The China- legal immigrants must first focus upon weaving, said state patrol trooper Chuck Burma-India Veterans were responsible measures that will actually restrict Coffrin. for driving the Japanese out of the and hopefully prevent illegal immi- Coffrin found 13 people inside the 1972 Ford treacherous Burma jungles and for panel van, and none were able to produce grants from entering this country. I building a road from Burma through documentation that they were U.S. citizens, the Himalayas to China, which was support provisions in S. 1664, the Immi- officials said. gration Control and Financial Respon- State patrol officials called the U.S. Immi- originally called the Burma Road. The sibility Act of 1996, that provides for gration and Naturalization Service, who China-Burma-India Veterans also flew more border patrol agents, as well as couldn’t respond, Coffrin said, adding that the most famous of the B–29 airplanes, the addition of 300 full-time Immigra- the INS gave no indication why. brought the air war to Japan and its tion and Naturalization Service inves- Because the state patrol doesn’t have au- occupied territories and ended the war tigators for each of the next 3 fiscal thority to arrest illegal immigrants, the 13 with the historic atom bombing of people were released, Coffrin said. mainland Japan. years. I believe these provisions will It was the second time in less than a week provide a much needed boost to the The China-Burma-India Association that the state patrol has stopped a van car- was established in 1948 in Milwaukee, understaffed and overworked agencies rying suspected illegal immigrants from that we entrust to keep illegal aliens Mexico and been forced to release them be- WI and is now a nonprofit organization out of this country. Our focus, again, cause the INS didn’t take action. of approximately 7,000 veterans. In Las should be on the prevention and con- On Thursday, the state patrol stopped a Vegas, a group of the brave and coura- trol of illegal immigration, rather than van, carrying 19 people, on I–25 about 15 geous veterans has established a chap- on retribution for illegally immi- miles south of Colorado Springs, because ter of their own called the Silver State their van was weaving, according to the Basha No. 133 with Eugene Henkin as grating to this country. state patrol. Each of my colleagues brings a cer- their current commander. The China- tain perspective to the immigration de- f Burma-India Veterans Association, Sil- bate. I have listened to much of the de- GULF WAR SYMPTOMS ver State Basha No. 133, keeps their veterans in touch by sending out more bate and realized that the great lot of Mr. CAMPBELL. Mr. President, ever us are products of immigrant families. than 200 newsletters to China-Burma- since the conclusion of the gulf war, re- India Veterans of Las Vegas and sur- Personally, I believe I have unique per- turning veterans have complained spective to add to the debate. rounding communities. about a variety of symptoms including The Silver State Basha No. 133 is an Over 60 years ago, my mother legally dizziness, nausea, loss of equilibrium, example of the many fine men and immigrated from Portugal. Like many and depression. women in our country who had the people during that time she wanted the All of us have visited veterans in our courage, sacrifice, and devotion to opportunity to make a better life for States. And through a series of hear- serve in World War II. On April 21–23, herself and an opportunity to succeed, ings, those of us on the Veterans’ Af- the China-Burma-India Veterans Asso- but to do so in a law abiding way. fairs Committee have been dismayed ciation World War II will hold its west- While on the other hand, my father by the steadfast denial on the part of ern area reunion in Las Vegas at the comes from people, the Northern Chey- the Pentagon and the Department of Rio Hotel and Casino. I am pleased to enne people, who can document their Defense to acknowledge these brave recognize this group and would like to ties to this land, to this continent for men and women are suffering the after wish the China-Burma-India Veterans hundreds of years prior to the first ex- effects of all airborne or waterborne Association best wishes on a successful plorers of this continent. If I were to agent or agents that have caused their reunion. take his advice, and the advice of many sickness. f native American people, they might As late as this week, Mr. President, suggest that we all pack our bags and the Pentagon issued a statement say- TRIBUTE TO JOHN O. HEMPERLEY go home. ing that after spending $80 million of Mr. HATFIELD. Mr. President, I rise Obviously reality dictates real and taxpayer money, they found no evi- today to pay tribute to John O. pragmatic solutions. However, I might dence of sickness-inducing agents dur- Hemperley, the Budget Officer of the also observe that it seems ironic that if ing the gulf war. Kind of sounds like Library of Congress, who passed away this same debate were to take place 100 Vietnam and agent orange all over last Saturday. years ago many of my colleagues, in- again. Members and staff of the Appropria- cluding myself, might not be here Well, lo and behold, Mr. President, tions Committee rely heavily on the today. thanks to an extensive study done by expertise, efficiency, and responsive- In closing, I look forward to the de- the University of Texas through a ness of agency budget officers. bate on these immigration proposals grant given by Ross Perot, those com- Throughout our Federal Government and hope that this Chamber can adopt plaints from our men and women in there is a corps of budget professionals fair and effective immigration reform. uniform appear to be true, and the cul- who set the example of dedicated pub- Let us remember that, with few excep- prit was a combination of three agents lic service. John Hemperley embodied tions, we are all ancestors of immi- acting in concert with each other. One the highest standards of his profession. grants. agent was a common pesticide. Last He possessed a knowledge and under- Mr. President, I ask unanimous con- night the Pentagon, somewhat sheep- standing of the Library’s budget that sent that the text of an article that ap- ishly admitted their mistake. was unsurpassed, and he was peared in the Colorado Springs Gazette My only questions are these, Mr. unfailingly responsive in sharing that Telegraph, on immigration, be printed President. One, what the heck did they knowledge with our committee and its in the RECORD. study with the $80 million? And two, if staff. He was fierce in his defense of the There being no objection, the article they are that incompetent they must Library’s mission and the budget fund- was ordered to be printed in the be in an unmendable state of denial in ing that mission, but he never mis- RECORD, as follows: helping our returning veterans. represented the facts, and he always

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3427 faithfully executed the budget enacted under the U.S. Constitution, no Presi- motions to recommit, but this is a by the Congress. dent can spend a dime of Federal very, very serious matter. The Library of Congress is a unique money that has not first been author- I understand the symbolism of trying and treasured institution. It is the ized and appropriated by both the to have this conference report adopted greatest repository of knowledge in the House and Senate of the United States. by the House on the 1-year anniversary history of the world, and for 196 years That is why I began making these of the terrible bombing of the Federal the Congress of the United States has daily reports to the Senate on Feb- building in Oklahoma City and, for supported and nurtured its develop- ruary 25, 1992. I decided that it was im- that matter, the 3-year anniversary of ment. Today the Library faces the portant that a daily record be made of the tragic end of the siege near Waco. challenge of providing new electronic the precise size of the Federal debt It is one thing to say we want to sched- services to all its constituent groups which, at the close of business yester- ule a resolution or sense of the Con- while maintaining its traditional serv- day, Tuesday, April 16, stood at gress to coincide with a memorial day ices to the Congress and the Nation, all $5,142,250,889,027.95. This amounts to but here we are talking about a very in a time of severe fiscal constraint. $19,430.38 for every man, woman, and significant piece of legislation. While I John O. Hemperley was a unique and child in America on a per capita basis. think that all of us abhor what hap- treasured individual. For the past 23 The increase in the national debt pened in Oklahoma—certainly, no sane years, he supported and nurtured the since my report yesterday—which iden- American could take any pleasure in Library of Congress in its relationship tified the total Federal debt as of close what happened in the tragedy in Okla- with the Committee on Appropriations. of business on Monday, April 15, 1996— homa City—we also have a responsi- He will be sorely missed, not only by shows an increase of more than two bil- bility as U.S. Senators, no matter those who knew and loved him here in lion dollars $2,239,481,250.00, to be which party we belong to, to pass the the Senate and in the Library, but by exact. That 1-day increase is enough to best law we can. After all, that is what the American people expect. all those who may never have known match the money needed by approxi- The vast majority of Americans are him but who benefit daily from the mately 332,070 students to pay their opposed to terrorism, terrorism of any enormous resources the Library pro- college tuitions for 4 years. vides. The challenges the Library faces sort, and they assume that their elect- will be more daunting without him. f ed officials, both Republicans and Mr. President, I know I speak for CONCLUSION OF MORNING Democrats, are going to pass good anti- Senator MACK, the chairman of our BUSINESS terrorism legislation. If it takes a day Legislative Branch Appropriations or two more to get it right, then let us Subcommittee, and for all other mem- The PRESIDING OFFICER. Morning take the day or two more. We are doing bers of the Appropriations Committee, business is closed. this for a nation of 250 million Ameri- and our staff, in expressing our great f cans, a very powerful nation, threat- sorrow and extending sincere condo- ened by terrorism. TERRORISM PREVENTION ACT— lences to John’s wife, Bess Hemperley, The Senate passed S. 735 on June 6, CONFERENCE REPORT their children, and grandchildren. And 1995, almost a year ago. The House only may John rest in peace with God. The PRESIDING OFFICER. Under considered its version last month. The f the previous order, the Senate will now conference committee apparently met resume consideration of the conference a couple of evenings ago, and we were CHANGE OF VOTE report accompanying S. 735, which the handed the conference report yesterday Mr. MOYNIHAN. Mr. President, on clerk will report. with instructions to pass it post haste. rollcall vote 50, I voted yea. My inten- The assistant legislative clerk read Having seen almost 10 months elapse tion was to vote nay. I ask unanimous as follows: since the Senate passed this bill, I hope consent that I be permitted to change A conference report to accompany S. 735, we take time to at least to read the my vote which in no way would change an act to prevent and punish acts of ter- conference report. And, I dare suggest, the outcome of the vote. rorism and for other purposes. there are not five Senators in here who The PRESIDING OFFICER. Without The Senate resumed the consider- have even read the conference report or objection, it is so ordered. ation of the conference report. have the foggiest notion of what it is f MOTION TO RECOMMIT they are voting on. This is what we are talking about. Mr. LEAHY. Mr. President, I move to THE BAD DEBT BOXSCORE We are talking about a bill being Mr. HELMS. Mr. President, I have recommit the conference report on the rushed through here about mentioned many times that memo- bill S. 735 to the committee of con- antiterrorism, because we are all rable evening in 1972 when the tele- ference with instructions to the man- against terrorists. But I am willing to vision networks reported that I had agers on the part of the Senate to dis- bet my farm in Middlesex, VT, you are won the Senate race in North Carolina. agree to the conference substitute rec- not going to find 5 to 10 Senators in At first, I was stunned because I had ommended by the committee of con- this body who have read every word of never been confident that I would be ference and insist on striking the text this conference report. the first Republican in history to be of section 414 (relating to summary ex- In particular, my motion to recom- elected to the U.S. Senate by the peo- clusion), section 422 (relating to modi- mit concerns profound changes to our ple of North Carolina. When I got over fication of asylum procedures) and sec- asylum process that were not pre- that, I made a commitment to myself tion 423 (relating to preclusion of judi- viously considered by the Senate in our that I would never fail to see a young cial review) from the conference sub- deliberations on antiterrorism last person, or a group of young people, who stitute. year. The provisions I am objecting to wanted to see me. The PRESIDING OFFICER. There have nothing to do with preventing ter- I have kept that commitment and it are 30 minutes on the motion, to be rorism. That is one reason why they has proved enormously meaningful to equally divided. were not in the antiterrorism bill that me because I have been inspired by the Who yields time? we considered and passed last summer. estimated 60,000 young people with Mr. LEAHY. Mr. President, I yield These provisions were added in the con- whom I have visited during the 23 years myself 6 minutes. ference. I have been in the Senate. Mr. President, I will ask for the yeas They do not have to do with ter- A large percentage of them have been and nays on this at the appropriate rorism. I am asking only to strike sec- concerned about the total Federal debt time but, I understand that the distin- tions 414, 422, and 423. These are gen- which recently exceeded $5 trillion. Of guished chairman of the committee is eral immigration matters. They should course, Congress is responsible for cre- on his way to the floor. I would not be in the immigration bill. They should ating this monstrous debt which com- make such a request until he was on not be in this antiterrorism bill. ing generations will have to pay. the floor. I tried to amend these provisions dur- Mr. President, the young people and I I am not taking this action lightly. I ing the Judiciary Committee consider- almost always discuss the fact that understand there is a real concern on ation of the immigration bill. I failed

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3428 CONGRESSIONAL RECORD — SENATE April 17, 1996 on a tie vote. I circulated a ‘‘Dear Col- My concern is not to defend alien granted. Thus, the bill’s provisions are league’’ earlier this week, making smuggling or false documentation or a bad solution in search of a problem. clear my intention to try to change terrorists, but to acknowledge that The INS and Department of Justice re- this. These provisions are bad policy. there are some circumstances and op- port that they have matters in hand. They are going to make bad law, and pressive regimes in the world where, if The Department of Justice counsels they are put in here for the first time you are going to escape, you may well that we should allow immigration in a conference report. need to rely on false papers. judges rather than asylum officers to I disagree as well with the habeas It would be ironic if we were to pass make these determinations. Under the corpus sections of the conference re- these provisions on an antiterrorism circumstances, I believe that we have port, but at least we had the oppor- bill that would prohibit victims of ter- moved too far too fast and allowed a tunity to debate and amend those pro- ror, torture, and oppression around the few cases from the distant past to cre- visions. The asylum rewrite was done world from seeking refuge in this, the ate bad law. in the dark of the night and it is being world’s greatest democracy. The asylum provisions in the bill forced on us today. I think that is I hope that the United States will would place undue burdens on unso- wrong. not abandon its historic role as a ref- phisticated refugees who are truly in Look no further than the front page uge for the oppressed and persecuted. need of sanctuary but may not be able of the New York Times on Monday. Our country is a beacon of hope and to explain their situation to an over- You see the most recent example of freedom, let it not be extinguished. Let worked asylum officer. The bill would why we must not adopt the summary us not abandon our leadership role in establish summary exclusion proce- exclusion provision in the bill. There is international human rights. Let us not dures and invest low-level immigration an article on the case of Fauziya abandon the world’s true refugees, let officers with unprecedented authority Kasinga and her flight from Togo to us not restrict the due process that to deport refugees without allowing avoid female genital mutilation. She protects the people who look to us for them a fair opportunity to establish a has sought for 2 years to find sanctuary asylum. Unfortunately, the impact of valid claim to asylum. Even before in this country, only to be detained, the provisions in this bill would be to being permitted to apply for asylum, tear-gassed, beaten, isolated and deny refugees any opportunity to claim refugees who flee persecution without abused—not in some distant land, but political asylum and would, instead, valid documents, would be met with a the United States of America. The case summarily exclude them from the series of procedural hurdles virtually has outraged women and men all over United States and send them back to impossible to understand or overcome. this country. their persecutors without a hearing, This is a radical departure from cur- What you may not know is that the without due process protections, with- rent procedures that afford an asylum conference report that we have before out assistance to help them describe hearing before an immigration judge us would summarily exclude Ms. their plight and without judicial re- during which an applicant may be rep- Kasinga from ever having made an asy- view of any kind. resented by counsel, may cross-exam- lum claim, a claim that I hope, based Sections 421 and 422 of the conference ined and present witnesses, and after on the reported facts, is going to be report prohibit an asylum claim by ref- which review is available by the Board granted without her enduring more suf- ugees who enter this country with false of Immigration Appeals. Such hearings fering. You see she traveled from Ger- identification. I could understand that have been vitally important to refugees many coming to America, and traveled we might want to consider as poten- who may face torture, imprisonment or on a false British passport in order to tially relevant factors to an asylum death as a result of an initial, erro- escape mutilation in Togo. claim that the refugee arrived with neous decision by an INS official. In- Under the legislation before us, she false documents and the route that the deed, human rights organizations have would be out. ‘‘Tough. Go back and get refugee traveled to get here. But those documented a number of cases of peo- mutilated. We do not care. We have a factors should not be dispositive. The ple who were ultimately granted polit- law—that none of us ever saw, none of examples to which I have previously al- ical asylum by immigration judges us ever debated, none of us ever spent luded indicate that there are times after the INS denied their release from time on—that allows for your summary when the use of false documentation is INS detention for not meeting a ‘‘cred- exclusion. You are out.’’ not something that we would want to ible fear’’ standard. Under the sum- Fidel Castro’s daughter is another re- punish. I fear that the bill goes too far mary screening proposed in the bill cent example of a refugee who came and sends the wrong signal by putting conference report, these refugees would here using a disguise and phony Span- the burden on the refugee, without have been sent back to their persecu- ish passport to seek asylum. She came counsel and in a summary proceeding, tors without an opportunity for a hear- through Spain. Under the provisions of to establish that the person is the ex- ing. this bill, she might have been turned ception and to create a clear record of Under international law, an indi- away at the border after a summary ‘‘credible fear’’ and that it was nec- vidual may be denied an opportunity to interview by a low-level immigration essary to present the false document to prove an asylum claim only if the officer. We all know that there are po- depart from the persecuting country. claim is ‘‘manifestly unfounded.’’ This litical reasons why Fidel Castro’s The Committee to Preserve Asylum bill would establish a summary screen- daughter should be granted asylum. has sent each of us a letter outlining ing mechanism that utilizes a ‘‘cred- Under the provisions of the conference the ways in which similar provisions in ible fear’’ standard without meaning or report before us, slipped into the bill in the immigration bill would harm precedent in international law. These the middle of the night, are barriers human rights and endanger refugees. In summary exclusion provisions have that could make that impossible. their April 8 letter supporting the been criticized by international human I yield myself 2 more minutes. Leahy amendment they outline cases rights organizations and the United In my ‘‘Dear Colleague’’ letter on my in which these provisions would have Nations High Commissioner for Refu- proposed amendment to these sections been disastrous. gees. in the immigration bill and in the addi- The U.N. High Commissioner for Ref- Furthermore, the proposed legisla- tional views I filed with the committee ugees sent our chairman a letter dated tion would deny the Federal courts report on the immigration bill I also March 6 objecting to these provisions their historic role in overseeing the recall victims of the Holocaust and as inconsistent with the 1967 Protocol implementation of our immigration their use of false identification pro- Relating to the Status of Refugees and laws and review of individual adminis- vided by the brave diplomats Raoul remains critical of the bill. trative decisions. The bill would allow Wallenberg and Chiune Sugihara dur- The asylum process was reorganized no judicial review whether a person is ing World War II. Think of Oskar and reformed in January 1994. The bill actually excludable. These proposals Schindler, think of ‘‘Schindler’s List.’’ fails to take these changes into ac- thereby portent a fundamental change These are the kind of things that we count. In fact, in 1995 asylum claims in the role of our coordinate branches need to consider before adopting this decreased greatly and were being time- of Government and a dangerous prece- conference report. ly processed. Only 20 percent were dent.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3429 Besides being fundamentally unfair a motion would not be in order until Amnesty International. to a traumatized and fatigued refugee, all time is either used or yielded back. Associated Catholic Charities of New Orle- who would be allowed no assistance Am I correct? ans. and no interpreter, the proposed sum- Mr. HATCH. I thought maybe the Asylum and Refugee Rights Law Project, Washington Lawyers’ Committee for Civil mary screening process would impose a Senator had used his time. Rights and Urban Affairs. burdensome and costly diversion of INS I withdraw my request. Ayuda, Inc., Washington, DC. resources. In 1995 for example, only The PRESIDING OFFICER. The mo- Center for Immigrants Rights, Inc. 3,287 asylum seekers arrived without tion would not be in order until the Central American Resource Center— valid documents—hardly the tens of time is used or yielded back. CARECEN of Washington, DC. thousands purported to justify these Mr. LEAHY. If the Senator asks Central America Political Asylum Project, changes. The bill would require that a unanimous consent to make his motion American Friends Service Committee, Miami, FL. phalanx of specially trained asylum of- to get the yeas and nays on it now, to be done at the expiration of time or Church World Services Immigration and ficers be created and posted at airports, Refugee Program. sea ports and other ports of entry yielding back—— Columban Fathers’ Justice & Peace Office. across the country to be available to Mr. HATCH. We can wait until then. Comite´ Hispano de Virginia. conduct summary screening at the bor- Mr. LEAHY. Mr. President, would the Committee for Humanitarian Assistance to der. There is simply no need to divert Senator yield further, on my time? Iranian Refugees. these resources in this way when the Mr. HATCH. I certainly do. Committee to Protect Journalists. asylum process has already been The PRESIDING OFFICER. The Council of Jewish Federations. Chair recognizes the Senator from Dominican Sisters of San Rafael, CA. brought under control. El Centro Hispanoamericano. There are no exigent circumstances Vermont. Mr. LEAHY. Mr. President, I ask FIRN, Inc. (Foreign-born Information and that require this Nation to turn its Referral Network). back on its traditional role as a refuge unanimous consent that a letter from Friends Committee on National Legisla- from oppression and to resort to sum- the Committee to Preserve Asylum and tion. mary exclusion processes. Neither the various attachments in support of my Heartland Alliance for Human Needs & Department of Justice nor the INS sup- amendment, signed by the American Human Rights. Friends Service Committee, the Amer- Hebrew Immigrant Aid Society. port these provisions or believe them Hogar Hispano. necessary. ican Jewish Committee, Amnesty International, Associated Catholic Illinois Coalition for Immigrant and Ref- I urge my colleagues to reject this ugee Protection. gutting of our asylum laws and support Charities of New Orleans, Jesuit Social Immigrant and Refugee Services of Amer- the motion to recommit. Ministries, Jewish Federation of Met- ica. Mr. LEAHY. Mr. President, I suggest ropolitan Chicago, Indian Law Re- Immigrant Legal Resource Center. the absence of a quorum and ask unani- source Center, and a number of others Indian Law Resource Center. mous consent that it not be charged to in support of my amendment be in- International Institute of Boston. cluded in the RECORD. International Institute of Los Angeles. my time. Jesuit Social Ministries. The PRESIDING OFFICER. Without There being no objection, the mate- rial was ordered to be printed in the Jewish Federation of Metropolitan Chi- objection, it is so ordered. The clerk cago. will call the roll. RECORD, as follows: Las Americas Refugee Asylum Project. The legislative clerk proceeded to COMMITTEE TO PRESERVE ASYLUM, Lawyers Committee for Human Rights. call the roll. Washington, DC, April 8, 1996. Lutheran Immigration and Refugee Serv- Mr. HATCH. Mr. President, I ask Hon. PATRICK J. LEAHY, ice. unanimous consent that the order for Russell Senate Office Building, Marjorie Kovler Center for the Treatment Washington, DC. of Survivors of Torture. the quorum call be rescinded. DEAR SENATOR LEAHY: We are an ad hoc co- The PRESIDING OFFICER. Without Mennonite Central Committee. alition of religious groups, human rights or- Minnesota Advocates for Human Rights. objection, it is so ordered. ganizations, concerned physicians, and im- National Asian Pacific American Legal Mr. HATCH. Mr. President, regarding migration and civil rights advocates that Consortium. the motion to recommit the conference have come together to oppose the new bars Network: A National Catholic Social Jus- report by the distinguished Senator to applying for asylum contained in S. 269. tice Lobby. from Vermont, now, look, this bill is a The right to seek asylum is an internation- North Texas Immigration Coalition. tough bipartisan measure. Stated sim- ally recognized human right, incorporated Northwest Immigrant Rights Project. into U.S. law by Congress in the 1980 Refugee Peace Workers. ply, it is a landmark piece of legisla- Act. It protects individuals fleeing persecu- tion. My colleagues on the other side of Physicians for Human Rights. tion on account of race, religion, nation- Political Asylum/Immigration Representa- the aisle know it. We have crafted a ality, political opinion, or membership in a tion Project, Boston College Law School. bill that puts the Nation’s interests particular social group. Each year the U.S. Proyecto Adelante. above partisan politics. grants asylum to about 8,000 people, less Proyecto San Pablo. Some of my colleagues however have than 1% of legal immigrants. The new bars Robert F. Kennedy Memorial Center for criticized this bill for not being tough to asylum contained in S. 269, the Immigra- Human Rights. enough on terrorists. In truth, many tion Control and Financial Responsibility Sponsors Organized to Assist Refugees, OR. Act, would seriously undermine human Union of Council of Soviet Jews. oppose this bill because it is too tough rights protections for these bona fide refu- on vicious, convicted murderers—not U.S. Committee for Refugees. gees. Vietnamese Association of Illinois. my friend from Vermont, but others. The new bars to asylum, found in sections VIVE, Inc., An Organization for World Ref- My colleagues are aware that this mo- 133 and 193 of the bill, would give low level ugees. tion to recommit will not improve the immigration officers the authority to ex- bill. Instead, if it passes it will scuttle clude and deport without a fair hearing refu- THE NEW BARS TO ASYLUM WOULD RETURN the antiterrorism bill. In other words, gees who were forced to flee persecution HUMAN RIGHTS VICTIMS TO FURTHER PERSE- without valid travel documents. For reasons it will kill it. CUTION illustrated in the attached documents, this VOTE FOR THE LEAHY AMENDMENT Accordingly, on behalf of Senator section would effectively deny asylum to DOLE and myself, I move to table the many human rights victims. It will also cost Sections 133 and 193 of S. 269, the Immigra- pending motion and ask for the yeas more money. Senator Leahy will offer an tion Control and Financial Responsibility and nays. amendment on the Senate floor that will Act, would give low-level immigration offi- Mr. LEAHY. Mr. President, would the preserve procedural protections for people cers the authority to deport back to their Senator withhold just a moment? escaping religious and political persecution. persecutors refugees who were forced to flee Mr. HATCH. I will be happy to with- We urge you to vote for the Leahy amend- persecution without valid travel documents. hold. ment. The new bars to asylum would punish people whose only means of fleeing repressive gov- Mr. LEAHY. Mr. President, as I un- Sincerely yours, American Civil Liberties Union. ernments is by using invalid travel docu- derstand it, we are under a time agree- American Friends Service Committee. ments. ment. Such a motion would not be in American Jewish Committee. Many true refugees are forced to flee perse- order until—or at least a vote on such Amigos de los Sobrevivientes. cution without valid travel documents either

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3430 CONGRESSIONAL RECORD — SENATE April 17, 1996 because they do not have time to acquire Hatch, Chairman Judiciary Cmte, March 6, arrived in the United States, he immediately them or because applying for them would 1996). told the INS that he wanted asylum. He was threaten their lives. VOTE FOR THE LEAHY AMENDMENT placed in detention. The INS interviewed Under current law, a person who arrives in Bob, a student at the University of Khar- him to determine whether he had a credible the United States without valid travel docu- toum in Sudan, was an active member of the fear of persecution; the INS concluded that ments and fears persecution in his or her Democratic Unionist Party, an anti-govern- he did not. He was granted asylum by a fed- home country may go before an immigration ment organization. After participating in a eral court. judge and prove eligibility for asylum. The peaceful student protest, he was arrested by Mr. LEAHY. Mr. President, I also ask asylum seeker may be represented at the the Sudanese government. He was detained hearing at no cost to the government. unanimous consent that a letter from The new bars to asylum would preclude in a 6 by 11 foot cell with 10 other prisoners the U.N. High Commissioner for Refu- such a person from even applying for asylum for 2 months. During his imprisonment, he gees in support be included in the was repeatedly interrogated and tortured— until he or she has proven that he or she has RECORD. a ‘‘credible fear’’ of persecution and used the he was hung by his hands and feet, beaten and electrically shocked. As a result of the There being no objection, the letter invalid travel documents to flee directly was ordered to be printed in the from a country where there is a ‘‘significant torture, his elbows are permanently de- RECORD, as follows: danger’’ of being returned to persecution. formed. He remained active in the demo- This all may have to be proven immediately cratic movement after his release from pris- UNITED NATIONS, after a stressful journey, and without the as- on. Then, as he was walking to a democratic HIGH COMMISSIONER FOR REFUGEES, sistance of counsel or an interpreter, and union meeting, he was again arrested and Washington, DC, March 19, 1996. without the involvement of any judicial or imprisoned. A few months later, while he Re Special Exclusion Provisions of S. 269. quasi-judicial officer. was still in prison, he suffered a nervous Hon. PATRICK LEAHY, The new bars and summary procedures are breakdown because of the torture he suf- U.S. Senate, problematic for several reasons. fered. He was transferred to a hospital, but Washington, DC. A ‘‘false papers’’ rule would harm human remained under arrest. Wearing a nurse’s DEAR SENATOR LEAHY: I wish to express rights victims. By definition, asylum seekers uniform that his mother had smuggled into UNHCR’s sincere appreciation for your ef- frequently fear persecution by the govern- the hospital, Bob escaped from imprison- forts during the 14 March Judiciary Com- ment of their home country—the same gov- ment. mittee mark-up session to remove the spe- ernment that issues travel documents and Bob’s colleagues from the democratic cial exclusion provisions of S. 269. These pro- checks identity papers and exit permits at union smuggled him onto a freighter bound visions, found in Sections 133, 141 and 193 of the airports and border crossings. It should for Germany. In Germany, he borrowed an- the bill, would almost certainly result in the be recalled that the United States has long other person’s ID card to leave the ship. U.S. returning bona fide refugees to coun- honored Raoul Wallenberg, who saved count- Knowing that the anti-immigration and tries where their lives or freedom would be less lives during the Holocaust by issuing un- NeoNazi movement in Germany had height- threatened. official travel documents so that refugees ened and that it would be impossible to re- As noted in my 6 March letter to Judiciary could flee further persecution. ceive asylum there, Bob flew from Germany Committee Chairman Orrin Hatch, we offer Meritorious asylum seekers would be re- to the United States. He arrived without a our views regarding S. 269 with the hope that turned to persecution. The INS has made se- passport. When he exited the plane, he imme- you and the other members of the Judiciary rious errors while trying to apply the ‘‘cred- diately told the INS that he wanted to apply Committee will seek to adhere to the stand- ible fear’’ test. Under current law, asylum for asylum. He was placed in detention. Bob ards and principles set forth in the 1967 Pro- seekers who arrive in the U.S. without valid was not released from detention because the tocol Relating to the Status of Refugees, to travel documents are detained pending their INS interviewer determined he did not have which the U.S. acceded in 1968. hearing unless they prove a ‘‘credible fear’’ a ‘‘credible fear’’ of persecution. He was In particular, UNHCR is concerned with of persecution in their home country. Human granted asylum by an immigration judge. the following special exclusion provisions: rights organizations have documented many Alan, an Indian national, had been per- (1) Lack of due process—Sections 133, 141 cases in which people were denied parole secuted in Kashmir because of his religion. and 193 provide few procedural safeguards to under this standard, but later were granted On several occasions, he and his family ensure that true refugees are not erro- asylum at their hearing before an immigra- members were imprisoned and tortured by neously returned to persecution. tion judge. Under the new bars to asylum, the Indian government. In July 1994 when (a) No administrative review—Under Sec- they would have been returned to persecu- the military police sought to detain him, he tion 141, special exclusion orders are not sub- tion. A summary of some of these case stud- evaded arrest. A few months later his fam- ject to administrative review (p. IB–4, line ies is attached. ily’s home was bombed. 19). Minimum procedural guidelines for ref- The Department of Justice opposes the Fearing for his life, Alan fled to the United ugee status determinations specify that an new bars to asylum. Deputy Attorney Gen- States using a false passport. He told the applicant should be given a reasonable time eral Jamie Gorelick wrote in her February 14 INS he wanted asylum immediately. He ex- to appeal for a formal reconsideration of the letter to Judiciary Committee Chairman plained to the INS officials that he and his decision. This principle is set forth in Orrin G. Hatch that the Justice Department family had been persecuted by the Indian UNHCR Executive Committee Conclusion opposes sections 133/193, noting that ‘‘Absent government. The INS officers at the airport No. 8 (1977).1 The ‘‘prompt supervisory re- smuggling or an extraordinary migration sit- did not think he was credible. The officials view’’ provided for in Section 193 (p. IC–36, uation, we can handle asylum applications verbally abused Alan and denied him food line 12) does not meet these minimum proce- for excludable aliens under our regular pro- and water until he was brought to a deten- dural guidelines. cedures.’’ tion center the next day. Alan was not re- (b) Limitation on access to counsel—Under The new bars would deny protection to ref- leased from detention because the INS did Section 193, asylum-seekers arriving at US ugees who had to change planes on route to not think he had a credible fear of persecu- ports of entry with false documents or no the United States. Before being able to apply tion even though he presented the INS with documents are permitted to consult with a for asylum, a refugee who used false docu- reports about religious persecution in Kash- person of their choosing, only if such con- ments would have to prove that they were mir. Alan was later granted asylum by an sultation does ‘‘not delay the process’’ (p. needed to leave her country or to transit immigration judge. IC–36, line 25). Such a limitation is in viola- through another country. This requirement Sam, a Nigerian national, was an active tion of the principle that applicants for asy- would prejudice both asylum seekers who member of a pro-democracy organization lum should be given the necessary facilities flee countries that do not have direct carrier that was determined to ensure democratic for submitting his/her case to the authori- routes to the U.S. and those who must travel elections in Nigeria. Shortly before the elec- ties, including the services of a competent over land through countries that do not have tions, the leader of the democracy organiza- interpreter and the opportunity to contact a asylum laws, that may be friendly with the tion was found murdered, and several mem- representative of UNHCR (UNHCR Executive government they are fleeing, or that are hos- bers were arrested and subsequently dis- Committee Conclusion No. 8 (1977)). tile to people of their background or nation- appeared. The State Secret Service went to (2) Limitation on access to asylum—Sec- ality. Refugees from Asian and African coun- Sam’s house on election day searching for tion 193 provides that individuals presenting tries in particular face this situation. him. When Sam learned that the secret serv- false or no documents or who are escorted to The new bars to asylum are inconsistent ice was searching for him, he immediately the US from a vessel at sea are not per- with U.s. obligations under international law went into hiding, afraid that if they found mitted to apply for asylum unless they trav- and will inevitably lead to errors. The new him, he too would ‘‘disappear’’ as his col- eled to the US from a country of claimed bars lack the minimal procedural safeguards leagues had. persecution and that the false document to prevent the mistaken return of a genuine Sam fled to the United States right out of refugee to certain persecution. The UNHCR hiding. He changed planes in Amsterdam. He 1 The UNHCR Executive Committee is a group of ‘‘fears that many bona fide refugees will be traveled with a false U.S. passport. He was representatives from 50 countries, including the returned to countries where their lives or afraid that the Nigerian government would United States, that provides policy and guidance to freedom will be threatened’’ if the new bars arrest him if he tried to leave the country UNHCR in the exercise of its refugee protection to asylum become law. (Letter to Sen. with his own identification papers. When he mandate.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3431 used, if any, was necessary to depart from and religious persecution to come to Some of this has not been well the country of claimed persecution. UNHCR the United States, if traveling through thought out. Much of what we left out requests the US to remove this limitation a second country or traveling with a of the bill, I am convinced, on reconsid- and to adhere to international principles false passport to do it. eration by our friends in the House, which provide as follows: (a) ‘‘[A]sylum should not be refused solely That makes no sense. That is not an they would change their view. But I on the ground that it could be sought from antiterrorist situation. Look at want to make it clear, I do not believe another State. Where, however, it appears ‘‘Schindler’s List.’’ Remember Raoul there is any evidence to suggest that that a person, before requesting asylum, al- Wallenberg. Think about those who es- sending this back to conference with ready has a connexion or close links with an- caped persecution by using false pass- specific instructions would kill the other State, he may if it appears fair and ports as a way they could get out of the bill. reasonable be called upon first to request country. They may well have to go I am prepared, if the chairman and if asylum from that State’’ (UNHCR Executive through an intermediate country to Senator LEAHY is, to yield back. I yield Committee Conclusion No. 15 (1979) (empha- sis added)). get to the greatest nation of freedom the floor. (b) When refugees and asylum-seekers on Earth. Just because somebody Mr. LEAHY addressed the Chair. move in an irregular manner (without proper slipped these provisions into the con- The PRESIDING OFFICER. The documentation) from a country where they ference report, let us not go along with Chair recognizes the Senator from have already found protection, they may be it. This is something that should be de- Vermont. returned to that country if, in addition to bated. Mr. LEAHY. Does the Senator from being protected against refoulement (i.e. Our own Department of Justice does California care to speak on this? protected against return to a country where not support these provisions of the bill. Mrs. BOXER. No. I am waiting for their lives or freedom would be threatened), the next motion. they are treated in accordance with ‘‘recog- I think in fact the Justice Department nized basic human standards’’ (UNHCR Exec- reiterated their opposition to them in Mr. LEAHY. Mr. President, I thought utive Committee Conclusion No. 58 (1989)). an April 16 letter on similar provisions Senator KENNEDY wished to speak on UNHCR is prepared to assist in practical ar- in the immigration bill to the majority this. rangement for the readmission and reception leader. Deputy Attorney General I am ready to yield back the balance of such persons, consistent with these inter- Gorelick wrote us, ‘‘absent smuggling of my time. national standards. or an extraordinary migration situa- Mr. HATCH. I am prepared to yield (3) Credible fear standard—Sections 133, 141 tion, we can handle asylum applica- back the balance of my time. and 193 create a new, heightened threshold The PRESIDING OFFICER. All time standard that asylum-seekers must meet be- tions for excludable aliens under our fore they are permitted to present their regular procedures.’’ has been yielded back. claims in a hearing before an immigration I reserve the balance of my time and Mr. HATCH. Mr. President, I ask judge. Under these sections, asylum-seekers yield to the Senator from Utah. unanimous consent that the pending who are brought or escorted to the US from Mr. HATCH addressed the Chair. Leahy motion to recommit be tempo- a vessel at sea (Sections 133 and 141), who The PRESIDING OFFICER. The rarily set aside with the vote to occur have entered the US without inspection, but Chair recognizes the Senator from on or in relation to the Leahy motion have not resided in the US for two years or Utah. after completion of debate on the next more (Section 141), who arrive during an ‘‘ex- Mr. HATCH. Mr. President, I do not motion to recommit. traordinary migration situation’’ (Section The PRESIDING OFFICER. Without 141) or who arrive at a port of entry with really have anything more to say other false documents or no documents (Section than this is a very important piece of objection, it is so ordered. 193) must first establish a ‘‘credible fear’’ of legislation. It is a key piece of legisla- Mr. HATCH. Senators should be persecution before they are permitted to tion. It is desired by almost everybody aware there will be two consecutive present their claims in an asylum hearing who wants to do anything against ter- rollcall votes following completion of before an immigration judge. UNHCR urges rorism. It is effective and strong. Even all debate on the next motion. the adoption of a ‘‘manifestly unfounded’’ or though we acknowledge we do not have Mr. President, I also ask unanimous ‘‘clearly abusive’’ standard which would re- everything everybody wants in this consent to move to table the Leahy duce the risk that a bona fide refugee is erro- amendment and ask for the yeas and neously returned to a country where s/he has bill, it is a darn good bill that will a well-founded fear of persecution. This make a real difference. If this motion nays. international standard for expeditious ref- or any motion to recommit passes, this The PRESIDING OFFICER. Is there a ugee status determinations is set forth in bill is dead, it will be killed. So we sim- sufficient second? There appears to be. UNHCR Executive Committee Conclusion ply have to defeat any and all motions The yeas and nays were ordered. No. 30 (1983). to recommit. I will move to table the Mr. BIDEN addressed the Chair. We are hopeful that you will support the amendment at the appropriate time. I The PRESIDING OFFICER. The elimination of a deadline for filing asylum am prepared to yield back the balance Chair recognizes the Senator from applications. Failure to submit a request of my time on this amendment. Delaware. within a certain time limit should not lead Mr. BIDEN. Mr. President, for the to an asylum request being excluded from Mr. BIDEN addressed the Chair. consideration (UNHCR Executive Committee The PRESIDING OFFICER. The benefit of my colleagues, to review the Conclusion No. 15 (1979)). Under this inter- Chair recognizes the Senator from bidding from yesterday, the distin- national principle, the US is obliged to pro- Delaware. guished chairman of the committee tect refugees from return to danger regard- Mr. BIDEN. Mr. President, the Sen- and I agreed on a unanimous-consent less of whether a filing deadline has been ator from Utah, the distinguished proposal that we have one-half hour on met. chairman of the committee, keeps ref- each of up to as many as 14 motions. I Again, I thank you for your efforts to en- erencing that—— doubt there will be that many. But we sure that refugees are protected from return will move them out seriatim here. I see to countries of persecution. Please do not The PRESIDING OFFICER. Does the hesitate to contact my Office if UNHCR may Senator from Vermont yield time to my distinguished colleague from Cali- be of any further assistance to you, your the Senator from Delaware? fornia, Senator BOXER, is on the floor staff or other members of the Committee. Mr. LEAHY. Yes. I understand I have prepared to go with her motion, to Sincerely, about 4 minutes. I yield 2 minutes to begin to debate her motion. So I would, ANNE WILLEM BIJLEVELD, the Senator from Delaware. with the permission of the Senator Representative. Mr. BIDEN. Mr. President, the Sen- from Utah, yield to the Senator from Mr. LEAHY. Mr. President, I am not ator from Utah keeps saying anything California for that purpose. in any way trying to derail this bill. I will kill this bill. That is not true. This I will make one important point, Mr. am just saying that this is something is not ‘‘kill this bill.’’ If we send this President. At the appropriate time I that was tucked into it in the middle of back to conference for one or two or 12 will make the motion. As I understand the night. Nobody ever had a chance to amendments it does not kill this bill. the parliamentary situation, debate debate it. It is in here. And it is going Every major bill we had, including the must be concluded before I make the to make it impossible, or nearly impos- crime bill, we sent back to conference motion, otherwise the motion is sub- sible, for anyone from Fidel Castro’s with instructions—at least on three oc- ject to immediately being tabled, sister to somebody escaping torture casions. This will not kill this bill. which I do not think my friend has any

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3432 CONGRESSIONAL RECORD — SENATE April 17, 1996 intention of doing. But just to make Act when there is a crime which deals doing the bidding of the American peo- sure we do it by the numbers—I beg with making a bomb, making a si- ple? Are we trying to protect the peo- your pardon. I have been informed by lencer, making a sawed-off shotgun, ple from these vicious crimes, these staff we got unanimous consent yester- that there be a period of time of 5 years cowardly crimes? It is horrible enough day that that is not necessary, that we rather than 3 years for law enforce- when someone walks up to someone can offer the motion. But I will offer ment to track down and prosecute the else and injures them with a weapon. the motion at this point. criminal who would commit such a That is a horrible crime and it should MOTION TO RECOMMIT crime. be punishable by the worst possible Mr. BIDEN. Mr. President, I offer a There is an anomaly in the United punishment. motion to recommit the conference re- States Code right now. These crimes It is unbelievable to me that this was port with instructions to add provi- are the only ones that have a 3-year stricken by this conference committee. sions on the National Firearms Act statute of limitations. Let me explain I thought we were going to be tough on statute of limitations. For the purpose why this is so bad and why we must fix crime. of discussion of that motion, I send it. If there is a crime where a terrorist Last night, a simple proposal that that motion to the desk. makes a bomb and the bomb explodes would say if a chemical weapon was The PRESIDING OFFICER. The mo- and it kills people—and we have just, used, local law enforcement could call tion is now pending. of course, revisited, as our President on our military to get help was de- The motion is as follows: did, the tragedy in Oklahoma City, and feated in this Republican Senate—de- the 1-year anniversary of that dreadful feated. Now, ask the average law en- Motion to recommit the conference report on the bill S. 735 to the committee of con- day is coming quickly upon us—if a forcement person in the local commu- ference with instructions to the managers on criminal had a bomb in his home or in nity if they are experts on chemical the part of the Senate to disagree to the con- his farmhouse or in his truck or hidden and biological weapons. They will tell ference substitute recommended by the com- away for a period of a year, let us say, you no. Just as in my amendment, if mittee of conference and insist on inserting while he made that bomb, the statute you ask them, do you need more time the following: of limitations starts running from the to go after the cowards that would SEC. . INCREASED PERIODS OF LIMITATION FOR day the bomb is made. In such a case make a bomb, they would say, ‘‘We NATIONAL FIREARMS ACT VIOLA- need more time, Senator. Fight for TIONS. law enforcement would have only 2 Section 6531 of the Internal Revenue Code years to track down and put away such your amendment.’’ We did, and it of 1986 is amended— a criminal. passed this Senate, and it was dropped (1) by redesignating paragraphs (1) through I do not understand why those who in conference. It comes back to us with (8) as subparagraphs (A) through (H), respec- claim to be tough on crime would drop this piece missing. tively; and from this bill a commonsense provi- I am stunned that would be the case. (2) by amending the matter immediately sion. Striking this provision makes it There is no argument except the one preceding subparagraph (A), as redesignated, easier to get away with making a that the distinguished chairman makes to read as follows: ‘‘No person shall be pros- bomb. It is that simple. over and over again on each of these ecuted, tried, or punished for any criminal Who supports this BOXER amend- motions which is, ‘‘You know that your offense under the internal revenue laws un- less the indictment is found or the informa- ment? How did I even learn about it? I amendment, Senator, will kill this tion instituted not later than 3 years after learned about it from local law en- bill.’’ Well, I do not know that. I never the commission of the offense, except that forcement people who asked me to got one letter, one note of opposition the period of limitation shall be— fight this fight. I learned about it from to this commonsense proposal sup- ‘‘(1) 5 years for offenses described in sec- the Justice Department, who asked us ported by the police chief of Oklahoma tion 5861 (relating to firearms and other de- to carry this fight. I learned about it City and all the other law enforcement vices); and from the Treasury Department, which people who know it takes time to put ‘‘(2) 6 years—.’’. heads the ATF, and they asked me to together these complex cases. The PRESIDING OFFICER. There fight for this. Mr. President, 47 police I say if anyone believes this is bad will be 30 minutes equally divided. Who chiefs told me to fight for this. For policy, if they disagree with me on sub- yields time? them, I offered this amendment to es- stance, if they disagree with the police Mr. BIDEN. I thank the Chair for its tablish a 5-year statute of limitations chief of Oklahoma City and all the assistance. I yield as much time as the for making a bomb, a sawed-off shot- other police chiefs, the Justice Depart- Senator from California may need gun, or a silencer. It is pretty straight- ment and the administration, why do under my control. forward. they not come down here? I say if they The PRESIDING OFFICER. The I think the American people under- agree that it is common sense that al- Chair recognizes the Senator from stand this, and people can stand up together these crimes should have a California. here as long as they want, and I have minimum of a 5-year statute of limita- Mrs. BOXER. Thank you, Mr. Presi- respect for them. However, I must tions, they should support the Biden dent. I want to thank the Senator from question them when stand up here and motion to recommit. Delaware for taking the leadership on say, ‘‘Well, gee, Senator BOXER, if we It defies imagination that we are now this issue. Every motion that he will kept your amendment in here, this here refighting important common- make today is a motion that is tough whole bill would go down.’’ Show me sense proposals included in the Senate on crime. Every single motion that he one U.S. Senator of either party, show version of this bill. will make, if it is carried by this U.S. me one House Member who would truly I hope that my Republican friends Senate, will make this a better bill. stand up and say that a criminal who will support this motion. I think it is The motion that he just sent to the makes a bomb, who makes a silencer, absolutely key that we not tie the desk means a lot to the Senator from who makes a sawed-off shotgun should hands of law enforcement. We are com- California because I offered it to this get away with it because of a 3-year ing to the 1-year anniversary of Okla- U.S. Senate. It was adopted unani- statute of limitations. If any disparity homa City. We know the investigation mously. I have to say, it is inexplicable is warranted, bomb making ought to be is going on and is continuing. If you to me why this provision would have a longer statute, because a bomb could asked every American, no matter what been stricken. I do know there are cer- be hidden in somebody’s possession for political stripe, no matter what part of tain groups that oppose it, one in par- a long time before it was detonated and the country they are from, they would ticular, the NRA. I cannot for the life before it was used. say that it is important to give law en- of me understand why else this would The police chief of Oklahoma City forcement enough time to investigate have been stricken from the Senate supports this. Let me repeat that: The these complex cases—that is all we are bill. police chief of Oklahoma City supports asking for. This does not cost any Let me explain the amendment that I this amendment. They know they need money. It simply gives law enforce- offered which is the subject of this mo- time to put together their case. ment time, time to make sure that tion. What we would do is simply make What are we doing here? Are we they have completed their investiga- sure that under the National Firearms doing the bidding of the NRA, or are we tion and those cowards who would blow

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3433 up innocent people are put away and off shotguns, or possessing or transfer- down, prosecute you, and put you dealt with in the harshest possible ring them without the proper firearm away, but if you make a bomb, they fashion. identification serial numbers, or have 3 years, it makes no sense whatso- I say that is being tough on crime. I through fraudulent applications or ever. hope that we will have support for this records. The 3-year limitations period, When the Senator from Utah says I motion to recommit. Mr. President, I historically, has been more than suffi- am very sincere, I appreciate that. He yield the floor. I reserve whatever time cient to prosecute claims under the knows me and he knows that I am, and I might have. act, some being substantive but many Mr. HATCH addressed the Chair. I know that he is as well. But this is of an administrative or of a paperwork not about my sincerity. This is about a The PRESIDING OFFICER. The nature. Some are technical. And we tool that law enforcement has asked Chair recognizes the Senator from have seen abuses. Extending the limi- the Congress to give them. So in the Utah. tations period to 5 years does abso- remainder of my time, I am going to Mr. HATCH. Mr. President, I will not lutely nothing except perhaps open the read into the RECORD the local police take long because, frankly, it comes system up to abuse and unfairness. down to one thing: that we have Frankly, that is why our colleagues in chiefs who have asked us to give them worked this bill out. We have worked the House are against this amendment. this tool. It does not cost any money hard with the House Members. It has That is why I am against it here today. and does not set up a new bureaucracy. been very difficult to do. They have I am prepared to yield, and I reserve It gives them a commodity they want: made significant concessions to us, and the remainder of my time. time. So I am going to read, in the rightfully so. We applaud them for Mr. BIDEN. Mr. President, I yield time that remains, the people who said doing so because we have our problems myself 2 minutes of what I understand to me, ‘‘Senator, this is important. Let here, and they have their problems to be 5 minutes of remaining time. us get this statute of limitations ex- there. The idea, of course, here, Mr. Presi- tended so we can go after these bad, Anybody who has been in this process dent, is that the proposal that is in the cowardly criminals and put them very long understands that once you bill, the failure to do this in the bill away.’’ reach a conference report like this—es- does not make sense. Listen to some of The police chiefs of San Jose, CA; pecially this one, which has taken a the types of weapons covered. Poison San Francisco, CA; Berkeley, CA; Los year to get here—any change is going gas, bombs, grenades, rockets having Angeles Port, CA; Salinas, CA; San to kill the bill—especially this provi- propellant charges of more than 4 Leandro, CA; Indianapolis, IN; the po- sion. ounces, missiles having an explosive or lice chief of Oklahoma City, OK; the di- Section 108 of the Senate bill, in part, incendiary charge of more than one- rector of police in Roanoke, VA; the would increase from 3 to 5 years the quarter ounce, mines—these are not chiefs of police in Bladensburg, MD; limitations period for commencing ac- playthings we are talking about. Re- tions for violations of the National member, the statute of limitations Edwardsville, IL; Rock Hill, SC; Old Firearms Act. The reason it is opposed runs not from the time the crime be- Saybrook, CT; North Little Rock, AR; by Members of the House, and the rea- comes public knowledge, but from the Puyallup, WA; Yarmouth, ME; son I oppose this attempt to increase time the crime was committed. So if a Kinnelton, NJ; Bel Ridge, St. Louis, the limitations provision, simply put, terrorist builds a bomb secretly, keeps MO; Charleston, SC; Jackson, MS; Salem, MA; Scottsdale, AZ; Cambridge, is because it is unnecessary. It does ab- it in his barn for 21⁄2 years, and blows solutely nothing with regard to ter- up a building with it, the Federal pros- MA; Haverhill, MA; Millvale, Pitts- rorism. The 3-year Internal Revenue ecutors only have 6 months to track burgh, PA; Newport News, VA; Dekalb Code statute of limitation period for li- the guy down and get an indictment for County Police, Decatur, GA; Opelousas, censed firearms dealers violating the building that bomb. LA; Eugene, OR; Mobile, AL; Portland, National Firearms Act is more than an Crimes covered by the National Fire- OR; East Chicago, IN; Louisville, KY; adequate time to commence prosecu- arms Act are serious. They involve ille- Alexandria, VA; Renton, WA; Wau- tions. gal manufacture of rockets, bombs, kegan, IL; Port St. Lucie, FL; Greens- There is no sanguine reason to ex- missiles, and sawed-off shotguns. So I boro, NC; Miami, FL; Buffalo, NY; tend the period. This has nothing to do cannot understand why anybody would Oxnard, CA; Seattle, WA. with terrorism. It may be a good idea oppose bringing the statute of limita- The PRESIDING OFFICER. The time in another context, but it is apparent tions for these crimes into line with al- of the Senator from California has ex- that it would cause plenty of problems most every other Federal crime. pired. in this context because there are sim- Here are a few examples of crimes ply people in the House—and I suspect with a 5-year statute: Simple assault; Mrs. BOXER. Thank you. I hope peo- here—who disagree with the distin- stealing a car; impersonating a Federal ple will listen to the local chiefs and guished Senator from California, who employee; buying contraband ciga- support the motion of the Senator from is very sincere in putting this amend- rettes; impersonating, without author- Delaware. ment forward. ity, the character Smokey the Bear. If Mr. HATCH. Mr. President, look, if The statute of limitations period we are going to give the Government 5 the Senator’s arguments are valid, why should be built upon fairness. These years to track down a guy who imper- do we not make it a 100-year statute of types of statutes of limitation must sonates Smokey the Bear, why not limitations? I mean, we can make it protect the Government’s ability to track down a guy who is involved in that way. They can prosecute any time prosecute claims and violations of the producing poison gas in his garage or they want to prosecute. law. Yet, they also have to protect citi- barn? The fact of the matter is that we are zenry from stale claims and bureau- I yield the remainder of my time to trying to balance our law enforcement cratic abuse. In this area there are a the Senator from California. needs. Most of these are paperwork vio- significant number of people on both Mrs. BOXER. Mr. President, I say to lations that are going to be automati- sides of the floor here, and in the House the Senator from Delaware that, as cally ascertained within a very short of Representatives in particular, who usual, he has put this in exactly the period of time, certainly within 3 have seen unfairness by various bu- right manner. There is no reason on God’s green Earth why this should not years. If we make it 5 years, they will reaucratic abusers and do not want to 1 have been kept in this bill. Again, just wait 4 ⁄2 years before prosecuting on a change this. 1 The traditional 3-year limitations pe- ask the American people. Sometimes paperwork violation rather than 2 ⁄2 riod here accomplishes this fine bal- things sound very complicated. When years, which is sometimes the case ance between public needs and private the Senator from Utah got up and dis- now. rights. If we look at the underlying Na- cussed the law, he makes it sound too There is simply no reason to extend tional Firearms Act offenses subject to complicated for the average person to the statute of limitations for this act. a 3-year limitations period, the viola- understand. When you tell the average Anyone who uses a bomb, as is the il- tions either prohibit dealers from pos- person that if you get out there and lustration by the Senator from Cali- sessing or transferring illegal firearms, impersonate Smokey the Bear, law en- fornia, or illegal weapon, under this such as banned machine guns or sawed- forcement has 5 years to track you act,

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3434 CONGRESSIONAL RECORD — SENATE April 17, 1996 will be prosecuted under the Criminal I thank my colleague for yielding me Mr. HATCH. We do have the motion Code and receive far larger penalties an extra minute. to table. than are under this act. The majority Mr. HATCH. Mr. President, how The PRESIDING OFFICER. The yeas of these offenses are mere paperwork much time do I have? and nays have been ordered. offenses and have little or nothing to The PRESIDING OFFICER. The Sen- Mr. HATCH. Mr. President, on behalf do with terrorism. Essentially, it ator has 6 minutes and 20 seconds. of Senator DOLE and myself, I also would permit bureaucrats, like I say, Mr. HATCH. Mr. President, let me move to table the Biden-Boxer motion, answer the distinguished Senator. 41⁄2 years to start an investigation in- and ask for the yeas and nays as well. There are people on both sides of the stead of 21⁄2 years. That is really some- The PRESIDING OFFICER. Is there a aisle over there who do not like this times what happens. sufficient second? There is a sufficient amendment. We have taken a year to Let us get back to where we were; second. get this done. It was done 1 month that is, that we have arrived at a com- The yeas and nays were ordered. after we passed the Senate bill, which, promise here, and we have had to bring Mr. HATCH. It is my understanding by the way, was an excellent bill. The the House a long distance to meet the that these votes will be back to back fact of the matter is, there are people starting now. needs of the Senate. They have cooper- over there who will kill this bill over ated and have worked hard. Chairman The PRESIDING OFFICER. The Sen- any amendment at this particular ator is correct. HYDE and the other members of the point. Everybody knows that. This is conference have all worked very hard The question is on agreeing to the not something new to us. motion to lay on the table the motion on this, and this is where we are. There We have had to fight our guts out to of the Senator from Vermont. On this are those on both sides of the floor over get this conference and get the con- question, the yeas and nays have been there who do not like this amendment, ference report done. Frankly, there are ordered, and the clerk will call the roll. and, frankly, it would be a deal killer a wide variety of viewpoints on this The clerk called the roll. and a bill killer. If we want an bill and on some of the aspects of this Mr. LOTT. I announce that the Sen- antiterrorism bill, we have to vote bill. ACK] is nec- down this motion to recommit. Look, if somebody is making a bomb, ator from Florida [Mr. M I am prepared to yield the remainder it is very likely you could charge that essarily absent. The PRESIDING OFFICER. Are there of my time. person under conspiracy, or an attempt I suggest the absence of a quorum. statute, or under a number of other any other Senators in the Chamber The PRESIDING OFFICER (Mr. statutes that have longer statutes of who desire to vote? The result was announced—yeas 61, GRAMS). The clerk will call the roll. limitations. This is not—I do not want nays 38, as follows: The bill clerk proceeded to call the to call it a phony issue, but it certainly roll. is not an issue that should allow a mo- [Rollcall Vote No. 63 Leg.] Mr. BIDEN. Mr. President, I ask tion to recommit. YEAS—61 unanimous consent that the order for Frankly, 3 years is plenty of time to Abraham Exon Lugar the quorum call be rescinded. get somebody who makes a bomb. If Ashcroft Faircloth McCain The PRESIDING OFFICER. Without they do not get it under this statute, Bennett Feinstein McConnell Bond Frist Murkowski objection, it is so ordered. they will get it under something else. Breaux Gorton Nickles Mr. BIDEN addressed the Chair. But if you expand it to 5 years, then all Brown Gramm Pressler Mr. HATCH. Mr. President, I yield 60 of these paperwork violations—which Bryan Grams Reid Burns Grassley Roth seconds of my time to the distin- primarily is what is prosecuted under Byrd Gregg Santorum guished Senator from Delaware. this statute, and some of them very un- Campbell Hatch Shelby Chafee Hatfield The PRESIDING OFFICER. The Sen- justly so in the past—all of those be- Simpson ator from Delaware. come dragged out for another 2 years. Coats Helms Cochran Hollings Smith Mr. BIDEN. Mr. President, I would Frankly, we want the law enforce- Cohen Hutchison Snowe like to make two very brief points. ment people, if they feel they have a Coverdell Inhofe Specter I do not believe this is a deal killer, legitimate reason to prosecute, to pros- Craig Jeffords Stevens No. 1. But No. 2, there are two pieces ecute it, and do it quickly so the wit- D’Amato Johnston Thomas DeWine Kassebaum Thompson here. It is illegal to make a bomb. It is nesses are available, so that a lot of Dole Kempthorne Thurmond illegal to put together poison gas. That other things can be done and the people Domenici Kyl Warner is one crime all by itself. The second can defend themselves. Dorgan Lott crime is if you go out and use it. So, if So there are a number of legitimate NAYS—38 you used a bomb to blow up buildings, reasons why people do not like this Akaka Graham Moseley-Braun a new statute of limitations starts to amendment and why people in the Baucus Harkin Moynihan run. House would not want this in the bill. Biden Heflin Murray The purpose of this is to give the bu- Bingaman Inouye Nunn There is a distinction between what Boxer Kennedy reaucrats a new lease on life without Pell is lacking in this bill across the board, Bradley Kerrey Pryor between prevention and apprehension. really stopping terrorism. That is what Bumpers Kerry Robb we are talking about here. Conrad Kohl Rockefeller We not only want to get the bad guys Daschle Lautenberg I suggest the absence of a quorum. Sarbanes who do the bad things; we want to pre- Dodd Leahy Simon The PRESIDING OFFICER. The Feingold Levin vent the bad guys from being able to do Wellstone the bad things. By allowing the statute clerk will call the roll. Ford Lieberman The bill clerk proceeded to call the Glenn Mikulski Wyden of limitations to be like it is for Smok- roll. NOT VOTING—1 ey the Bear impersonation, and every- Mr. HATCH. Mr. President, I ask thing else in the Federal code—just unanimous consent that the order for Mack about—it gives us more time to track the quorum call be rescinded. So the motion to lay on the table the down the people who have prepared or The PRESIDING OFFICER. Without motion to recommit was agreed to. are stockpiling this kind of material, objection, it is so ordered. Mr. HATCH. I move to reconsider the whether or not they have used it. That Mr. HATCH. Mr. President, what is vote. is an important distinction. the current business? Mr. LEVIN. I move to lay that mo- I think this is an important amend- The PRESIDING OFFICER. The Sen- tion on the table. ment. I cannot believe for a moment ator has 3 minutes remaining. The motion to lay on the table was that this would kill the bill, that you Mr. HATCH. I yield back the remain- agreed to. would have 35 people in the House vote ing part of my time. What is the cur- Mr. HATCH addressed the Chair. against this because we made the stat- rent business? The PRESIDING OFFICER. The Sen- ute of limitations for making poison VOTE ON LEAHY MOTION TO RECOMMIT ator from Utah. gas the same as for impersonating The PRESIDING OFFICER. The Mr. HATCH. Mr. President, since Smokey the Bear. I find that question is now on the motion to table these are two stacked votes, I ask unfathomable. the Leahy motion. unanimous consent that there be 1

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3435 minute for debate equally divided in The result was announced—yeas 53, The PRESIDING OFFICER. There the usual form prior to the vote on the nays 46, as follows: will be 30 minutes equally divided. motion to table the Biden-Boxer mo- [Rollcall Vote No. 64 Leg.] Mr. BIDEN. I yield myself 2 minutes. tion. YEAS—53 Mr. President, the distinguished Sen- The PRESIDING OFFICER. Without ator, and former Attorney General of Abraham Faircloth McCain objection, it is so ordered. Ashcroft Frist McConnell the State of Connecticut, is here. We Mr. BIDEN addressed the Chair. Baucus Gorton Murkowski are going to divide this up a little bit. The PRESIDING OFFICER. The Sen- Bennett Gramm Nickles I want to make in my opening state- ator from Delaware. Bond Grams Pressler ment here a clarification for anyone Brown Grassley BIDEN MOTION TO RECOMMIT Roth listening as to what we are doing here, Burns Gregg Santorum Mr. BIDEN. Mr. President, let me ex- Campbell Hatch Shelby because we are really not changing Chafee Hatfield plain briefly what this is. First, right Simpson anything that is not already done in Coats Helms now there is a statute of limitations Smith any significant way. Cochran Hutchison Snowe that if you go out and impersonate Cohen Inhofe These multipoint wiretaps are made Smokey the Bear, you have 5 years to Coverdell Jeffords Specter out to be this major new concoction track them down, if you write a bad Craig Kassebaum Stevens that they have come up with to inter- Thomas check you have 5 years. If you make D’Amato Kempthorne fere in the lives of people. I was told in DeWine Kyl Thompson poison gas, if you make a chemical Dole Lott Thurmond the House conference that some Mem- weapon, if you have a rocket propellant Domenici Lugar Warner bers of the House thought that it charge of more than 4 ounces, if you NAYS—46 meant that the FBI would be in vans produce missiles and hide them in your roving down the street literally eaves- Akaka Ford Mikulski garage, and they find them, without Biden Glenn Moseley-Braun dropping on people’s homes. It is bi- them being used, they only have a 3- Bingaman Graham Moynihan zarre what people think this means. year statute of limitations. So if they Boxer Harkin Murray Let me explain what has to happen did not find them until 1 year after you Bradley Heflin Nunn now to get a multipoint wiretap. There Breaux Hollings have made them, you have 2 years. If Pell are all sorts of provisions built into the Bryan Inouye Pryor 1 law now for the Federal Government: they did not find them until 2 ⁄2 years, Bumpers Johnston Reid Byrd Kennedy you have 6 months. We want to make Robb One, the Government must convince a Conrad Kerrey this a 5-year statute of limitations, Rockefeller judge that there is probable cause to Daschle Kerry Sarbanes just like impersonating Smokey the Dodd Kohl believe that a specific person is com- Bear. Dorgan Lautenberg Simon mitting a specific crime, as with any This is mindless not to do this when Exon Leahy Wellstone other wiretap. Two, the application Wyden you are talking about making poison Feingold Levin even to ask a Federal judge for one of Feinstein Lieberman gas and chemical weapons and grenade these wiretaps is approved at the very launchers. NOT VOTING—1 top level of the Justice Department, ei- Mr. HATCH addressed the Chair. Mack ther by the Attorney General herself, The PRESIDING OFFICER. The Sen- The motion to lay on the table the or the Deputy Attorney General, or the ator from Utah. motion to recommit was agreed to. Assistant Attorney General for the Mr. HATCH. This is a National Fire- Mr. HATCH. Mr. President, I move to Criminal Division. No U.S. attorney in arms Act and 3-year limitation. These reconsider the vote. America can go out and ask a judge for are mainly paperwork violations. If Mr. BIDEN. I move to lay that mo- one of these. No U.S. attorney can do someone violates beyond that—and for tion on the table. that. No assistant U.S. attorney can do even paperwork they can get them for The motion to lay on the table was it without the approval of the Attorney conspiracy. They can prosecute them agreed to. General, Deputy Attorney General, or under a whole variety of statutes that Mr. BIDEN addressed the Chair. the head of the Criminal Division. have longer statutes of limitation. The PRESIDING OFFICER. The Sen- The application submitted must iden- This is not a serious issue to us in ator from Delaware is recognized. tify the person involved and believed to the Senate, but it is a very serious MOTION TO RECOMMIT be committing the crime, and whose issue to those in the House. We have Mr. BIDEN. Mr. President, we are communications are to be the ones worked hard to fashion this com- now going to move to a motion that I intercepted. A judge then has to find promise. It is a doggone good com- that the target’s action—that is, the promise. Our friends in the House have offer to recommit the conference re- port with instructions to add a provi- person who they are targeting. Say, we really worked hard to help us to get it think our reporter here is in fact com- done. Frankly, this motion, as well as sion on multipoint wiretaps that was in our original Senate bill. mitting a crime. What you have to do others, would kill the bill. So I hope is get the judge to believe that there is my fellow Senators will vote against I send it to the desk. The PRESIDING OFFICER. The probable cause to believe a crime has this motion. been committed, that he is engaging in The PRESIDING OFFICER. All time clerk will report. The legislative clerk read as follows: an activity. And, further, when they for debate has expired. decide that you can wiretap not only Mr. HATCH. Mr. President, this is a Motion to recommit the conference report his home phone, but the mobile phone motion to table, is it not? on the bill S. 735 to the committee of con- he has in his pocket, the phone he has The PRESIDING OFFICER. That is ference with instructions to the managers on the part of the Senate to disagree to the con- in his car, and the pay phone he uses correct. ference substitute recommended by the com- Mr. HATCH. I do not have to move to all the time—the judge has to believe mittee of conference and insist on inserting that the person is committing the table? the following: The PRESIDING OFFICER. No. crime—and communications are inter- SEC. . REVISION TO EXISTING AUTHORITY FOR cepted, it has to be proved that he is The question is on agreeing to the MULTIPOINT WIRETAPS. motion to table the Biden motion to (a) Section 2518(ll)(b)(ii) of the title 18 is trying to effectively thwart the tap. recommit the conference report on amended: by deleting ‘‘of a purpose, on the For example, if my phone is tapped and S. 735 to the committee on conference part of that person, to thwart interception there is probable cause that I com- with instructions. The yeas and nays by changing facilities.’’ and inserting ‘‘that mitted a criminal offense, and I walk have been ordered. The clerk will call the person had the intent to thwart intercep- every day at 2 o’clock down to the pay the roll. tion or that the person’s actions and conduct phone on the corner, or I use a cell The bill clerk called the roll. would have the effect of thwarting intercep- phone and then get rid of the new cell Mr. LOTT. I announce that the Sen- tion from a specified facility.’’ phone every day and get a new one, (b) Section 2518(ll)(b)(iii) is amended to then that effectively thwarts the abil- ator from Florida [Mr. MACK] is nec- read: ‘‘(iii) the judge finds that such showing essarily absent. has been adequately made.’’ ity of the Federal Government inves- The PRESIDING OFFICER (Mr. (c) The amendments made by subsection tigators to tap someone where there is GREGG). Are there any other Senators (a) and (b) of this amendment shall be effec- probable cause that they committed a in the Chamber desiring to vote? tive 1 day after the enactment of this Act. crime. So that

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3436 CONGRESSIONAL RECORD — SENATE April 17, 1996 judge has to believe all that before he wiretap my mother-in-law. I would like cally American due process rules to grants such an order. to talk to him later about that. make sure that any wiretap that is ob- In addition, any interception cannot Mr. BIDEN. If the Senator will yield tained is approved by a judge and is ap- begin until the officers have clearly de- for 3 seconds. His mother-in-law may plied and used in narrowly and clearly termined that the target in question— be listening. circumscribed ways. that is, the person they believe com- Mr. LIEBERMAN. She probably is. Mr. President, for everything I know mitted the crime—is using a particular Mr. President, let me say first, both about terrorism, the ability to pene- tapped phone. Once the target is off the to the Senator from Delaware and the trate the highly secretive world of ter- phone, the interception must end. It Senator from Utah, how very pleased rorists is the single most effective tool does not say, by the way, that any in general I am that we have come as law enforcement officials have to pre- phone that the target uses can be far as we have on this legislation. Over vent terrorism acts from happening tapped. It says that we have reason to a year ago, President Clinton chal- and then to bring the terrorists to jus- believe that he is using the following lenged us to reach a bipartisan con- tice. We can build barriers around Fed- phone, one, two, or three. You can tap sensus on counterterrorism legislation eral buildings. We can increase law en- those phones. in the aftermath of the Oklahoma City forcement presence and try to fortify Once the phone is tapped, if you go to tragedy. The Senate promptly did so, obvious targets. But we can never de- your mother-in-law’s house to use the including the Dole-Hatch substitute fend all of the targets of terrorists, be- phone, and after you get off, your bill we passed last spring, including in cause they are cowards. They will look mother-in-law is off the phone, they that bill most of the key provisions of for and strike undefended targets with- cannot, under the law, tap your moth- the President’s own counterterrorism out remorse about killing innocent ci- er-in-law. They must end the surveil- bill offered earlier in the year by Sen- vilians. You simply cannot protect lance. It must stop. It must stop. ator BIDEN and others. every target. They will strike every- In addition, the moment the target Unfortunately, the Senate’s spirit of where. The object of the terrorist is to leaves the phone, the tap on that phone bipartisanship did not reach the other create terror and panic. So, the best has to be disengaged. It cannot be used. body and did not, as fully as I think it defense we have against them is an of- Any evidence cannot be used that should, reach the conference itself. The fense, to penetrate their operations and would come from such a tap, if it conference has produced a report and a to know that they are about to strike stayed on. So this is nothing new. What bill that I would term a good bill in the before they strike so we can cut them is new is that, under the present law, war against terrorism. But it could and off. If there was ever a category of this is used for the mob and other out- should be better. That is why I am sup- crime that warranted the full range of fits. Under the present law, you have to porting Senator BIDEN’s motion to re- wiretap capacities that law enforce- show that the person is intending to commit, particularly directing the con- ment officials have today, it is ter- thwart the surveillance—intending to. ference committee to insert this so- rorism. That is what this amendment So essentially what you have to get is called multipoint wiretapping that I would do. a mobster or terrorist saying, ‘‘I can- was privileged to offer along with Sen- Look. In a way, by not including this not use this phone in my house any- ator BIDEN and which, as he has indi- amendment that the Senate passed more because I think it is tapped. I am cated, passed the Senate overwhelm- overwhelmingly, more essentially, al- going to be going other places to use ingly. Not only was that amendment lowing the terrorist to use all of the other phones. I will get to you later.’’ dropped in conference, but even what I tools of modern technology, leave the That is what you basically have to thought was the entirely house phone, go to the cell phone, go to prove now. uncontroversial provision in the Sen- the car phone, go to the phone booth, What we are saying in this law is— ate bill that would add specific ter- and we are saying to law enforcement, and 77 Senators voted for it last year— rorism offenses to the list of crimes for ‘‘Oh, no, you cannot. We are going to if the effect of the target is to thwart which wiretaps may be authorized was make it hard for you to follow them. the surveillance, that is all you need to dropped as well. In other words, if You are going to have to prove that prove. The effect is to thwart the sur- there is a suspected terrorist out there they are moving with an intent to veillance. You do not have to prove now and law enforcement wants to tap thwart that wiretap.’’ that he intended to thwart the surveil- his or her phones, they have to do so on Senator BIDEN’s example is so per- lance; you have to prove the effect is to suspicion of a crime being committed fect. Basically we are saying to the law thwart surveillance. but it cannot be a terrorist act. They enforcement folks, you have to hear a So, again, a minor change already ex- have to find some other specific crime terrorist say on the phone that, ‘‘I got ists with multipoint wiretaps, is al- that was committed. to hang up, John. I’m afraid the FBI is ready in place. I will quote Mr. MCCOL- Mr. President, these omissions puzzle listening to me. I am going to move LUM, the Republican leader of the me and trouble me. I am afraid that out to my cell phone.’’ You need that Criminal Subcommittee. When I of- they represent some strange left-right kind of proof of intent to get, under the fered this in conference, he said: marriage of fear or skepticism or cyni- current law, this multipoint wiretap. I think the reality is quite simple here— cism about the Government and about So we are saying to the bad guys, the This is MCCOLLUM speaking to me. law enforcement officials particularly. criminals, the terrorists, you can use You are 100 percent right. As Senator BIDEN has said, the power all of this modern telecommunications I am 100 percent right. to wiretap—let me say from my own equipment, but we are going to stop experience and others in law enforce- law enforcement from trailing them. It It is the single-most important issue we are not putting in this bill. We have got to ment—is a critically important tool in is as if we said during the cold war that find some way to do it. But we are not going the hands of law enforcement, and they we had intelligence information that to get the votes for this bill, and we could need that tool not to feather their own the Soviet Union had developed some not get the votes for this freestanding bill, I nest or build their own empires; they very strong new weapon, that the Pen- don’t think, right this minute in the House. need it to protect us from the crimi- tagon had the ability to counteract Get the first part: ‘‘It is the single- nals, and in this case the terrorists. that weapon with a defense, but we are most important issue we are not put- They are on our side, those who work going to put strictures on them from ting in the bill.’’ Mr. MCCOLLUM is for the U.S. attorneys, the FBI, the using that weapon. It does not make right. DEA, and the whole range of other law sense. It is why I think it is so impor- I yield the remainder of my time to enforcement officials down to the tant to adopt this amendment. the distinguished Senator from Con- State and local police. They are on our Mr. President, multipoint wiretaps necticut. side. are used very sparingly because of the Mr. LIEBERMAN. Mr. President, I There is somehow a feeling that has requirements that Senator BIDEN set thank my colleague from Delaware. grown at the extremes of our political out. They have proved, however, ac- Mr. MCCOLLUM was right. Senator discourse that we have a lot to fear cording to testimony submitted by BIDEN was right in everything he said, from them. This provision, as Senator Deputy Attorney General Jamie except for where he said you could not BIDEN has said, incorporates the classi- Gorelick to the Judiciary Committee,

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3437 highly effective tools in prosecuting move around in our great country from tigation, we simply do not need to put today’s highly mobile criminals and the horrible acts of terrorists within them in this particular legislation at terrorists who may switch phones fre- our midst. this time. quently for any number of reasons. I thank the Chair. I yield the floor. Last evening, Israel was bombed in Again, as we have asked before on Mr. HATCH. Mr. President, how another bombing attack. I personally other measures, why allow ease of ob- much time remains? do not believe we should wait one more taining a multipoint wiretap against The PRESIDING OFFICER. The Sen- day—knowing that is going on over other criminals, including organized ator from Utah has 15 minutes and the there and knowing that we have at crime criminals, and not allow it Senator from Delaware has 1 minute least 1,500 known terrorists and organi- against terrorists who threaten us in and 54 seconds. zations in this Nation, I do not think such a devastating way? Mr. HATCH. Mr. President, I do not we should wait one more day, not one Mr. President, the aim of this motion disagree with my two distinguished more hour in my book, in voting for to recommit is a simple one. We want colleagues on that side that this might final passage of this bill. We want to to be sure that our law enforcement of- be a useful provision. After all, I wrote assure that terrorist funding is prohib- ficials receive the tools they need, the it, and we put it in the Senate bill. I ited and stopped, and this bill goes a tools that will be there for them so drafted the multipoint language in the long way toward doing that. that swift and effective action can be Senate bill. However, since that time, Let me mention for the record the taken to prevent the World Trade Cen- some have raised, in their eyes, serious letters of support that we have for this ter explosion, to prevent Oklahoma questions as to whether this expanded bill. They are wide ranging and across City, to prevent any future disaster of authority to wiretap American citizens the political spectrum: The National that kind. We owe our Federal law en- and others is necessary. Association of Attorneys General, the forcement officials that authority, that Because of that, we have worked out National Association of Police Officers, capacity, those tools. But the truth is this bill through a long series of meet- the National District Attorneys Asso- we owe it to ourselves. They are out ings for over a year, culminating Mon- ciation, the Anti-Defamation League, there trying to protect us and our fam- day night in a conference where we put Survivors of the Oklahoma Bombing, ilies from being innocent victims of a everything in this bill we could pos- Citizens for Law and Order, the Inter- terrorist. Every counterterrorism ex- sibly get into it. We brought it very national Association of Chiefs of Po- pert that I have ever talked to or ever close to what the original Senate bill lice, the National Sheriffs Association, heard, within the Government and was. I think it is a darned good bill. We the National Troopers Association, the without, will emphasize the impor- could not get the other side to agree on Law Enforcement Alliance of America, tance of infiltration and surveillance this provision. It comes down to wheth- 34 individual State attorneys general in countering terrorists and bringing er we want a bill or we do not. including the California attorney gen- them to justice. Given the devastating To this end, because of that, then I eral, California’s District Attorneys effects of these acts, not only the insisted we at least put in a study, a Association, the National Government maiming and death of men, women, balanced study to look at the excesses Association with regard to the habeas and children, but these acts are as- of law enforcement with regard to corpus provision, and various Gov- saults on the institutions of our Gov- wiretapping and the needs of law en- ernors, and so forth. It is okayed by the ernment, on the democratic processes forcement with regard to wiretapping Governor of Oklahoma, who is a Repub- which we cherish, and on our funda- and the applications of it. The distin- lican, Frank Keating, and by the Dem- mental liberty to move safely and con- guished Senator from Connecticut and ocrat attorney general, with whom I fidently throughout our society. They I both understand how important it is, have had a great deal of joy working, create the kind of fear that undercuts and so does, of course, the ranking Drew Edmonson. I have a lot of respect the freedom that we have fought for. Democrat on the committee. We will for him, and he has been willing to So I do not understand why we would require the Justice Department to re- work with us to try to get this done. not want to give the law enforcement view its law enforcement surveillance Frankly, we do not have a letter, but officials the same authority to obtain needs and report back to Congress. we do have the verbal support of wiretaps when pursuing terrorists that On that basis, I just want to say that AIPAC, and I might say other attor- they have under current law to pursue I am committed to working with both neys general in this country who have other kinds of criminals, and why we Senator BIDEN and Senator LIEBERMAN written to us and want to be men- do not want to improve their ability to to craft legislation which will provide tioned. We will put that all in the track all criminals, including terror- law enforcement with the electronic RECORD. ists, as they move from phone to phone surveillance capabilities it needs, wire- This is important. This bill is impor- and from place to place with the obvi- tap authority it needs. I am going to tant. I know my colleagues know I am ous intent of thwarting surveillance get this done one way or the other in sincere when I say I will find some way and covering their treacherous, deadly an appropriate way, but the study is of resolving these multipoint wiretap deeds. important in the eyes of those on the problems. Unfortunately, they were Mr. President, finally, I say we need other side. It is important in my eyes. called roving wiretaps when they came to give the conferees another chance to I do not want to go into this thing up, and just that rhetorical term has strengthen this bill. As I said at the halfcocked, nor do I want to lose this caused us some difficulties and has outset, it is a good bill, but it can and bill because others feel we may be mov- caused some of the people who feel, should be a better bill. I fear that, if we ing into it halfcocked without having after Waco, Ruby Ridge, Good Ol’ Boys do not include a power like this one, looked at it in a balanced way. So I Roundup, et cetera, that even law en- that we are going to come to a day will work with both of my colleagues forcement sometimes is too intrusive when we are going to look back and re- to craft legislation to provide law en- into all of our lives, and at this par- gret it—a terrorist act that will occur forcement with whatever wiretap au- ticular time of the year, at tax time, that could have been stopped if law en- thority, expanded wiretap authority it with the feelings about the IRS, there forcement had this authority. needs beyond what it has today. I give are some who literally feel this is going I know we want to pass this bill and my colleagues my assurance that we too far and it will kill this bill if we have the President sign it by the first will move in this direction with dis- put it in. anniversary of the Oklahoma City patch. I think they both know, when I So I will move ahead. We will have tragedy, but the truth is that I would say that, I mean it. The truth, how- the study, but I will move ahead even rather see us do this right, do it as ever, is that this provision would have while the study is being conducted and strongly and effectively as we can. And done nothing—and I repeat nothing—to do everything I can with my two col- if it takes a few more days, so be it. We stop the Oklahoma bombing. This is leagues here to get this problem re- have waited this long. We can wait a not antiterrorism legislation that solved. I intend to do it, and we will little longer to protect ourselves, our would have been necessary to stop the get it done. society, the institutions of our Govern- Oklahoma bombing. While multipoint I am going to move to table this. I ment, and the basic freedom to live and wiretaps may be useful in crime inves- hope folks will vote for the motion to

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3438 CONGRESSIONAL RECORD — SENATE April 17, 1996 table so that we can continue to pre- Mr. LOTT. I announce that the Sen- ‘‘(d) An application for a writ of habeas serve this bill and get it done, quit ator from Florida [Mr. MACK] is nec- corpus on behalf of a person in custody pur- playing around with it and get it done. essarily absent. suant to the judgment of a State court shall I yield the floor. Mr. FORD. I announce that the Sen- not be granted with respect to any claim that was adjudicated on the merits in State ator from Louisiana [Mr. BREAUX] is Mr. BIDEN addressed the Chair. court proceedings unless the adjudication of The PRESIDING OFFICER. The Sen- necessarily absent. the claim— ator from Delaware has 1 minute 54 The PRESIDING OFFICER. Are there ‘‘(1) resulted in a decision that was con- seconds remaining. any other Senators in the Chamber trary to, or involved an unreasonable appli- Mr. BIDEN. Mr. President, if the who desire to vote? cation of, clearly established Federal law, as problem is people misunderstand be- The result was announced—yeas 58, determined by the Supreme Court of the cause this is a roving wiretap, one nays 40, as follows: United States; or thing that will get everybody’s atten- [Rollcall Vote No. 65 Leg.] ‘‘(2) resulted in a decision that was based on an unreasonable determination of the YEAS—58 tion is we amend it, send it back, and facts in light of the evidence presented in the it will become real clear. In about 20 Abraham Feingold Murkowski State court proceeding.’’; Ashcroft Frist Nickles minutes of discussion, we can have it from section 104 of the conference report’’. back here, and it will not kill the bill— Bennett Gorton Pressler Bond Gramm Reid Mr. MOYNIHAN. Mr. President, I ask if that is the reason. Brown Grams Roth for the yeas and nays. No. 2, in the letter from the chiefs, Bryan Grassley Santorum The PRESIDING OFFICER. Is there a the president of the International As- Burns Gregg Shelby sufficient second? Campbell Hatch Simon sociation of Chiefs of Police, they do Chafee Hatfield There is a sufficient second. Simpson support the bill but they are very Coats Helms Smith The yeas and nays were ordered. clear. Let me quote. They say: Cochran Hutchison Mr. MOYNIHAN. Mr. President, the Cohen Inhofe Snowe This legislation does not deal with the Coverdell Jeffords Specter distinguished ranking member and ability of law enforcement to use roving Craig Kassebaum Stevens manager have asked that I yield myself wiretaps or 48-hour wiretaps in the case of D’Amato Kempthorne Thomas such time as I may require, and I add terrorism even though this later type of DeWine Kyl Thompson with the proviso, as much time as he Dole Lott Thurmond wiretap is already authorized in other spe- wishes. I will obviously yield to him. cial situations. Domenici Lugar Warner Dorgan McCain Wellstone The PRESIDING OFFICER. The Sen- They list what they do not like about Faircloth McConnell ator has 15 minutes. the bill. They do not like the fact that NAYS—40 Mr. MOYNIHAN. Mr. President, this this is not in the bill. They strongly Akaka Glenn Lieberman is a proposal to strike an unprece- support this wiretap authority. And if Baucus Graham Mikulski dented provision—unprecedented until we cannot get it done now in this bill, Biden Harkin Moseley-Braun the 104th Congress—to tamper with the I respectfully suggest to my friend that Bingaman Heflin Moynihan constitutional protection of habeas no matter how much he wishes to fix Boxer Hollings Murray Bradley Inouye Nunn corpus. this, there will be no ability to get it Bumpers Johnston Pell The provision reads: done standing alone. Byrd Kennedy Pryor (d) An application for writ of habeas corpus Conrad Kerrey I yield back whatever seconds I may Robb Daschle Kerry on behalf of a person in custody pursuant to Rockefeller have remaining. Dodd Kohl the judgment of State court shall not be Sarbanes Mr. HATCH addressed the Chair. Exon Lautenberg granted with respect to any claim that was The PRESIDING OFFICER. The Sen- Feinstein Leahy Wyden adjudicated on the merits in State court pro- ator from Utah. Ford Levin ceedings unless the adjudication of the Mr. HATCH. The fact is that we have NOT VOTING—2 claim—‘‘(1) resulted in a decision that was contrary to, or involved an unreasonable ap- Breaux Mack to pass this bill. Frankly, I think we plication of, clearly established Federal law, can get this problem solved. It is kind So the motion to table the motion to as determined by the Supreme Court of the of a world turned upside down. When I recommit was agreed to. United States; or ‘‘(2) resulted in a decision got here 20 years ago, it was the con- Mr. MOYNIHAN. I move to recon- that was based on an unreasonable deter- servatives who wanted expanded wire- sider the vote. mination of the facts in light of the evidence tap authority and the liberals fought it Mr. HATCH. I move to lay that mo- presented in the State court proceeding. with everything they had. But now all tion on the table. We are about to enact a statute of a sudden we have the liberals fight- The motion to lay on the table was which would hold that constitutional ing for wiretap authority and conserv- agreed to. protections do not exist unless they atives concerned about it. Mr. MOYNIHAN addressed the Chair. have been unreasonably violated, an The fact is it is not just the rhetoric. The PRESIDING OFFICER. The Sen- idea that would have confounded the There is some sincere concern on the ator from New York. framers. Thus we introduce a virus part of some Members of the House MOTION TO RECOMMIT that will surely spread throughout our who are crucial to the passage of this Mr. MOYNIHAN. Mr. President, I system of laws. bill about putting this in at this time. send to the desk a motion and ask for Article I, section 9, clause 2 of the I believe we can resolve this problem in its immediate consideration. Constitution stipulates, ‘‘The Privilege the future, and I will work hard to do The PRESIDING OFFICER. The of the Writ of Habeas Corpus shall not it with my colleagues, but it really clerk will report. be suspended, unless when in Cases of cannot be in this bill if we want a ter- The bill clerk read as follows: Rebellion or Invasion the public Safety rorism bill at this time. The Senator from New York [Mr. MOY- may require it.’’ I yield back the remainder of my NIHAN] moves to recommit the conference re- We are at this moment mightily and port on the bill S. 735. time. On behalf of Senator DOLE and properly concerned about the public myself, I move to table the motion and Mr. MOYNIHAN. Mr. President, I ask safety, which is why we have before the ask for the yeas and nays. unanimous consent reading of the mo- Senate the conference report on the The PRESIDING OFFICER. Is there a tion be dispensed with. counterterrorism bill. But we have not sufficient second? The PRESIDING OFFICER. Without been invaded, Mr. President, and the There appears to be a sufficient sec- objection, it is so ordered. only rebellion at hand appears to be ond. The text of the motion to recommit against the Constitution itself. We are The yeas and nays were ordered. is as follows: dealing here, sir, with a fundamental The PRESIDING OFFICER. The Motion to recommit the conference report provision of law, one of those essential question is on agreeing to the motion on the bill S. 735 to the committee of con- civil liberties which precede and are ference with instructions to the managers on to table the motion to recommit. The the part of the Senate to disagree to the con- the basis of political liberties. yeas and nays have been ordered. The ference substitute recommended by the com- The writ of habeas corpus is often re- clerk will call the roll. mittee of conference and insist on deleting ferred to as the ‘‘Great Writ of Lib- The legislative clerk called the roll. the following: erty.’’ William Blackstone called it

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3439 ‘‘the most celebrated writ in English There being no objection, the mate- science. There is no case in which ‘‘a state law, and the great and efficacious writ rial was ordered to be printed in the court’s incorrect legal determination has in all manner of illegal imprisonment.’’ RECORD, as follows: ever been allowed to stand because it was It is at the very foundation of the legal reasonable,’’ Justice O’Connor found in DECEMBER 8, 1995. Wright v. West, 112 S.Ct. 2482, 2497; ‘‘We have system designed to safeguard our lib- Hon. WILLIAM J. CLINTON, always held that federal courts, even on ha- erties. The White House, beas, have an independent obligation to say I repeat what I have said previously Washington, DC. what the law is.’’ Indeed, Alexander Ham- DEAR MR. PRESIDENT: The habeas corpus ilton argued, in The Federalist No. 84, that here on the Senate floor: If I had to provisions in the Senate terrorism bill, the existence of just two protections—habeas choose between living in a country which the House will soon take up, are un- corpus and the prohibition against ex post with habeas corpus but without free constitutional. Though intended in large facto laws—obviated the need to add a Bill of elections, or a country with free elec- part to expedite the death penalty review Rights to the Constitution. tions but without habeas corpus, I process, the litigation and constitutional The deference requirement may also vio- would choose habeas corpus every rulings will in fact delay and frustrate the late the powers granted to the judiciary time. To say again, this is one of the imposition of the death penalty. We strongly under Article III. By stripping the federal fundamental civil liberties on which urge you to communicate to the Congress courts of authority to exercise independent your resolve, and your duty under the Con- judgment and forcing them to defer to pre- every democratic society of the world stitution, to prevent the enactment of such has built political liberties that have vious judgments made by state courts, this unconstitutional legislation and the con- provision runs afoul of the oldest constitu- come subsequently. sequent disruption of so critical a part of our tional mission of the federal courts: ‘‘the I make the point that the abuse of criminal punishment system. duty...to say what the law is.’’ Marbury habeas corpus—appeals of capital sen- The constitutional infirmities reside in v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803). tences—is hugely overstated. A 1995 three provisions of the legislation: one re- Although Congress is free to alter the federal study by the Department of Justice’s quiring federal courts to defer to erroneous courts’ jurisdiction, it cannot order them state court rulings on federal constitutional Bureau of Justice Statistics deter- how to interpret the Constitution, or dictate matters, one imposing time limits which any outcome on the merits. United States v. mined that habeas corpus appeals by could operate to completely bar any federal Klein, 80 U.S. (13 Wall.) 128 (1871). Earlier this death row inmates constitute 1 percent habeas corpus review at all, and one pre- year, the Supreme Court reiterated that of all Federal habeas filings. Total ha- venting the federal courts from hearing the Congress has no power to assign ‘‘rubber beas filings make up 4 percent of the evidence necessary to decide a federal con- stamp work’’ to an Article III court. ‘‘Con- caseload of Federal district courts. And stitutional question. They violate the Ha- gress may be free to establish a...scheme most Federal habeas petitions are dis- beas Corpus Suspension Clause, the judicial that operates without court participation,’’ the Court said, ‘‘but that is a matter quite posed of in less than 1 year. The serious powers of Article III, and due process. None of these provisions appeared in the bill that different from instructing a court automati- delays occur in State courts, which you and Senator Biden worked out in the cally to enter a judgment pursuant to a deci- take an average of 5 years to dispose of last Congress together with representatives sion the court has not authority to evalu- habeas petitions. If there is delay, the of prosecutors’ organizations. ate.’’ Gutierrez de Martinez v. Lamagno, 115 delay is with the State courts. The deference requirement would bar any S.Ct 2227, 2234. federal court from granting habeas corpus Finally, in prohibiting evidentiary hear- It is troubling that Congress has un- ings where the constitutional issue raised dertaken to tamper with the Great relief where a state court has misapplied the United States Constitution, unless the con- does not go to guilt or innocence, the legisla- Writ in a bill designed to respond to stitutional error rose to a level of tion again violates Due Process. A violation the tragic circumstances of the Okla- ‘‘unreasonableness.’’ The time-limits provi- of constitutional rights cannot be judged in homa City bombing last year. Habeas sions set a single period for the filing of both a vacuum. The determination of the facts as- corpus has little to do with terrorism. state and federal post-conviction petitions sumes’’ and importance fully as great as the The Oklahoma City bombing was a (six months in a capital case and one year in validity of the substantive rule of law to be other cases), commencing with the date a applied.’’ Wingo v. Wedding, 418 U.S. 461, 474 Federal crime and will be tried in Fed- (1974). state conviction becomes final on direct re- eral court. The last time habeas corpus legislation view. Under these provisions, the entire pe- Nothing in our present circumstance was debated at length in constitutional riod could be consumed in the state process, requires the suspension of habeas cor- terms was in 1968. A bill substantially elimi- through no fault of the prisoner or counsel, nating federal habeas corpus review for state pus, which is the practical effect of the thus creating an absolute bar to the filing of provision in this bill. To require a Fed- prisoners was defeated because, as Repub- a federal habeas corpus petition. Indeed, the lican Senator Hugh Scott put it at the end of eral court to defer to a State court’s period could be consumed before counsel had debate, ‘‘if Congress tampers with the great judgment unless the State court’s deci- even been appointed in the state process, so writ, its action would have about as much sion is unreasonably wrong effectively that the inmate would have no notice of the chance of being held constitutional as the precludes Federal review. I find this time limit or the fatal consequences of con- celebrated celluloid dog chasing the asbestos suming all of it before filing a state petition. cat through hell.’’ disorienting. Both of these provisions, by flatly barring Anthony Lewis has written of the ha- In more recent years, the habeas reform federal habeas corpus review under certain debate has been viewed as a mere adjunct of beas provision in this bill: ‘‘It is a new circumstances, violate the Constitution’s the debate over the death penalty. But when and remarkable concept in law: that Suspension Clause, which provides: ‘‘The the Senate took up the terrorism bill this mere wrongness in a constitutional de- privilege of the Writ of Habeas Corpus shall year, Senator Moynihan sought to reconnect cision is not to be noticed.’’ If we agree not be suspended, unless when in the cases of with the large framework of constitutional to this, to what will we be agreeing rebellion or invasion the public safety may liberties: ‘‘If I had to live in a country which require it’’ (Art. I, § 9, cl. 1). Any doubt as to had habeas corpus but not free elections,’’ he next? I restate Mr. Lewis’ observation, whether this guarantee applies to persons a person of great experience, a long said, ‘‘I would take habeas corpus every held in state as well as federal custody was time.’’ Senator Chafee noted that his uncle, student of the courts, ‘‘It is a new and removed by the passage of the Fourteenth a Harvard law scholar, has called habeas cor- remarkable concept in law: that mere Amendment and by the amendment’s fram- pus ‘‘the most important human rights pro- wrongness in a constitutional decision ers’ frequent mention of habeas corpus as vision in the Constitution.’’ With the debate is not to be noticed.’’ Backward reels one of the privileges and immunities so pro- back on constitutional grounds, Senator the mind. tected. Biden’s amendment to delete the deference The preclusion of access to habeas corpus On December 8, four United States requirement nearly passed, with 46 votes. also violates Due Process. A measure is sub- We respectfully ask that you insist, first attorneys general, two Republicans and ject to proscription under the due process and foremost, on the preservation of inde- two Democrats, all persons with whom clause if it ‘‘offends some principle of justice pendent federal review, i.e., on the rejection I have the honor to be acquainted, Ben- so rooted in the traditions and conscience of of any requirement that federal courts defer jamin R. Civiletti, Jr., Edward H. Levi, our people as to be ranked as fundamental,’’ to state court judgments on federal constitu- Nicholas Katzenbach, and Elliot Rich- as viewed by ‘‘historical practice.’’ Medina v. tional questions. We also urge that separate ardson—I served in administrations California, 112 S.Ct. 2572, 2577 (1992). Inde- time limits be set for filing federal and state with Mr. Levi, Mr. Katzenbach, and Mr. pendent federal court review of the constitu- habeas corpus petitions—a modest change tionality of state criminal judgments has ex- which need not interfere with the setting of Richardson; I have the deepest regard isted since the founding of the Nation, first strict time limits—and that they begin to for them—wrote President Clinton. I by writ of error, and since 1867 by writ of ha- run only upon the appointment of competent ask unanimous consent that the full beas corpus. Nothing else is more deeply counsel. And we urge that evidentiary hear- text be printed in the RECORD. rooted in America’s legal traditions and con- ings be permitted wherever the factual

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3440 CONGRESSIONAL RECORD — SENATE April 17, 1996 record is deficient on an important constitu- Congress. But he and Hamilton and address at St. John University Law tional issue. Jay, as authors of the Federalist pa- School in Brooklyn. I spoke of the pro- Congress can either fix the constitutional pers, argued that with habeas corpus liferation of court-curbing bills, at that flaws now, or wait through several years of and the prohibition against ex post time, but what I said is, I feel, relevant litigation and confusion before being sent back to the drawing board. Ultimately, it is facto laws in the Constitution, there to today’s discussion. I remarked, the public’s interest in the prompt and fair would be no need even for a Bill of . . . some people—indeed, a great many disposition of criminal cases which will suf- Rights. We are glad that, in the end, we people—have decided that they do not agree fer. The passage of an unconstitutional bill do have one. But their case was surely with the Supreme Court and that they are helps no one. strong, and it was so felt by the Fram- not satisfied to Debate, Legislate, Litigate. We respectfully urge you, as both Presi- They have embarked upon an altogether ers. new and I believe quite dangerous course of dent and a former professor of constitutional To cite Justice O’Connor again: law, to call upon Congress to remedy these action. A new triumvirate hierarchy has A state court’s incorrect legal determina- flaws before sending the terrorism bill to emerged. Convene (meaning the calling of a tion has never been allowed to stand because your desk. We request an opportunity to constitutional convention), Overrule (the it was reasonable. meet with you personally to discuss this passage of legislation designed to overrule a matter so vital to the future of the Republic Justice O’Connor went on: particular Court ruling, when the Court’s and the liberties we all hold dear. We have always held that Federal courts, ruling was based on an interpretation of the Sincerely, even on habeas, have an independent obliga- Constitution), and Restrict (to restrict the jurisdiction of certain courts to decide par- BENJAMIN R. CIVILETTI, Jr., tion to say what the law is. Baltimore, MD. ticular kinds of cases). Mr. President, we can fix this now. Perhaps the most pernicious of these is the EDWARD H. LEVI, Or, as the attorneys general state, we attempt to restrict courts’ jurisdictions, for Chicago, IL. can ‘‘wait through several years of liti- it is . . . profoundly at odds with our na- NICHOLAS DEB. tion’s customs and political philosophy. KATZENBACH, gation and confusion before being sent back to the drawing board.’’ I fear that It is a commonplace that our democracy is Princeton, NJ. characterized by majority rule and minority ELLIOT L. RICHARDSON, we will not fix it now. The last time rights. Our Constitution vests majority rule Washington, DC. this bill was before us, there were only in the Congress and the President while the Mr. MOYNIHAN. Mr. President, let eight Senators who voted against final courts protect the rights of the minority. me read excerpts from the letter: passage. While the legislature makes the laws, and the executive enforces them, it is the courts The habeas corpus provisions in the Senate We Americans think of ourselves as a that tell us what the laws say and whether bill . . . are unconstitutional. Though in- new nation. We are not. Of the coun- tries that existed in 1914, there are they conform to the Constitution. tended in large part to expedite the death This notion of judicial review has been penalty review process, the litigation and only eight which have not had their part of our heritage for nearly two hundred constitutional rulings will in fact delay and form of government changed by vio- years. There is not a more famous case in frustrate the imposition of the death lence since then. Only the United King- American jurisprudence than Marbury v. penalty... dom goes back to 1787 when the dele- Madison and few more famous dicta than The constitutional infirmities . . . violate gates who drafted our Constitution es- Chief Justice Marshall’s that the Habeas Corpus Suspension Clause, the ju- It is emphatically the province and the dicial powers of Article III and due tablished this Nation, which continues to exist. In those other nations, sir, a duty of the judicial department to say what process... the law is. . . . A measure is subject to proscription compelling struggle took place, from But in order for the court to interpret the under the due process clause if it ‘‘offends the middle of the 18th century until law, it must decide cases. If it cannot hear some principle of justice so rooted in the tra- the middle of the 19th century, and be- certain cases, then it cannot protect certain ditions and conscience of our people as to be yond into the 20th, and even to the end rights. ranked as fundamental,’’ as viewed by ‘‘his- of the 20th in some countries, to estab- Mr. President, I am going to ask torical practice.’’ lish those basic civil liberties which unanimous consent that a number of That is Medina versus California, a are the foundation of political liberties materials appear in the RECORD fol- 1992 decision. To continue, and, of those, none is so precious as ha- lowing my remarks. I apologize for the Independent federal court review of the beas corpus, the ‘‘Great Writ.’’ length, but if we are going to trifle constitutionality of state criminal judg- Here we are trivializing this treasure, with the Great Writ of Liberty, the ments has existed since the founding of the putting in jeopardy a tradition of pro- record needs to be complete. The mate- Nation, first by writ of error, and since 1867 tection of individual rights by Federal rials are as follows: a May 23, 1995 let- by writ of habeas corpus. Nothing else is more deeply rooted in courts that goes back to our earliest ter from the Emergency Committee to America’s legal traditions and conscience. foundation. And the virus will spread. Save Habeas Corpus to the President There is no clause in which ‘‘a state court’s Why are we in such a rush to amend and a one-page attachment; a June 1, incorrect legal determination has ever been our Constitution? Eighty-three amend- 1995 letter from the Emergency Com- allowed to stand because it was reasonable.’’ ments have been offered in this Con- mittee to me; a March 13, 1996 New That is Justice O’Connor, in Wright gress alone. Why do we tamper with York Times editorial entitled, ‘‘The versus West. She goes on, as the attor- provisions as profound to our tradi- Wrong Answer to Terrorism’’; an April neys general quote, tions and liberty as habeas corpus? The 8, 1996 Times editorial entitled, ‘‘Grave We have always held that federal courts, Federal courts do not complain. It may Trouble for the Great Writ’’; three An- even on habeas, have an independent obliga- be that if we enact this, there will be thony Lewis op-eds which appeared in tion to say what the law is. some prisoners who are executed soon- the Times on July 7, 1995, December 8, If I may interpolate, she is repeating er than they otherwise would have 1995, and April 15, 1996 entitled ‘‘Mr. the famous injunction of Justice Mar- been. You may take satisfaction in Clinton’s Betrayal’’, Is It A Zeal To shall in Marbury versus Madison. that or not, as you choose, but we will Kill?’’, and ‘‘Stand Up For Liberty’’, The attorneys general go on to say: have begun to weaken a tenet of justice respectively; and the third paragraph Indeed, Alexander Hamilton argued, in The at the very base of our liberties. The of the March 12, 1996 ‘‘Statement of Ad- Federalist No. 84, that the existence of just virus will spread. ministration Policy’’ concerning H.R. two protections—habeas corpus and the pro- This is new. It is profoundly dis- 2703—the House version of the counter- hibition against ex post facto laws—obviated turbing. It is terribly dangerous. If I terrorism bill—which reads, in part: the need to add a Bill of Rights to the Con- may have the presumption to join in ‘‘H.R. 2703 would establish a standard stitution. the judgment of four attorneys general, of review for Federal courts on con- The letter from the attorneys general Mr. Civiletti, Mr. Levi, Mr. Katzen- stitutional issues that is excessively continues, but that is the gist of it. I bach, and Mr. Richardson—and I repeat narrow and subject to potentially meri- might point out that there was, origi- that I have served in administrations torious constitutional challenge.’’ nally, an objection to ratification of with three of them—this matter is un- Mr. President, I ask unanimous con- the Constitution, with those objecting constitutional and should be stricken sent that these materials be printed in arguing that there had to be a Bill of from this measure. the RECORD following my remarks. Rights added. Madison wisely added Fourteen years ago, June 6, 1982, to The PRESIDING OFFICER. Without one during the first session of the first be precise, I gave the commencement objection, it is so ordered.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3441 (See exhibit 1.) would be pleased to meet with you to discuss membership consists of both supporters and Mr. MOYNIHAN. Mr. President, we this vitally important matter personally. opponents of the death penalty, Republicans need to deal resolutely with terrorism. Sincerely, and Democrats, united in the belief that the federal hebeas corpus process can be dra- And we will. But if, in the guise of BENJAMIN CIVILETTI. EDWARD H. LEVI. matically streamlined without jeopardizing combating terrorism, we diminish the NICHOLAS DEB. its constitutional core. At a time when pro- fundamental civil liberties that Ameri- KATZENBACH. posals to curtail civil liberties in the name cans have enjoyed for two centuries, ELLIOT L. RICHARDSON. of national security are being widely viewed with suspicion, we believe it is vital to en- then the terrorists will have won. With STATEMENTS ON PROPOSALS REQUIRING FED- sure that habeas corpus—the means by deep regret, but with a clear con- ERAL COURTS IN HABEAS CORPUS CASES TO which all civil liberties are enforced—is not DEFER TO STATE COURTS ON FEDERAL CON- science, I will vote against the con- substantively diminished. ference report to S. 735 as now pre- STITUTIONAL QUESTIONS The hebeas corpus reform bill President sented. ‘‘Capital cases should be subject to one fair Clinton proposed in 1993, drafted in close co- and complete course of collateral review EXHIBIT 1 operation with the nation’s district attor- through the state and federal system.... neys and state attorneys general, appro- EMERGENCY COMMITTEE TO Where the death penalty is involved, fairness priately recognizes this point. It would cod- SAVE HABEAS CORPUS, means a searching and impartial review of ify the long-standing principle of inde- May 23, 1995. the propriety of the sentence.’’—Justice pendent federal review of constitutional The PRESIDENT, Lewis F. Powell, Jr., presenting the 1989 re- questions, and specifically reject the ‘‘full The White House, port of the Ad Hoc Committee on Federal and fair’’ deference standard. Washington, DC. Habeas Corpus in Capital Cases, chaired by Independent federal review of state court DEAR MR. PRESIDENT: We understand that him and appointed by Chief Justice William judgments has existed since the founding of the Senate may act, as soon as tomorrow, on Rehnquist the Republic, whether through writ of error the habeas corpus provisions in Senator ‘‘The federal courts should continue to re- or writ of hebeas corpus. It has a proud his- Dole’s terrorism legislation. Among these view de novo mixed and pure questions of fed- tory of guarding against injustices born of provisions is a requirement that federal eral law. Congress should codify this review racial prejudice and intolerance, of saving courts must defer to state courts incorrectly standard.... Senator Dole’s bill [con- the innocent from imprisonment or execu- applying federal constitutional law, unless it taining the ‘‘full and fair’’ deference require- tion, and in the process, ensuring the rights can be said that the state ruling was ‘‘unrea- ment] would rather straightforwardly elimi- of all law-abiding citizens. Independent fed- sonable’’ incorrect. This is a variation of the nate federal habeas jurisdiction over most eral review was endorsed by the committee proposal by the Reagan and Bush adminis- constitutional claims by state inmates.’’— chaired by Justice Powell on which all subse- trations to strip the federal courts of the 150 former state and federal prosecutors, in a quent reform proposals have been based, and power to enforce the Constitution when the December 7, 1993 letter to Judiciary Com- the Supreme Court itself specifically consid- state court’s interpretation of it, though mittee Chairmen Biden and Brooks ered but declined to require deference to the clearly wrong, had been issued after a ‘‘full ‘‘Racial distinctions are evident in every states, in Wright v. West in 1992. We must emphasize that this issue of def- and fair adjudication.’’ aspect of the process that leads to execu- erence to state rulings has absolutely no The Emergency Committee was formed in tion.... [W]e fervently and respectfully bearing on the swift processing of terrorism 1991 to fight this extreme proposal. Our urge a steadfast review by federal judiciary offenses in the federal system. For federal membership consists of both supporters and in state death penalties as absolutely essen- inmates, the pending habeas reform legisla- opponents of the death penalty, Republicans tial to ensure justice.’’—Rev. Dr. Joseph E. tion proposes dramatic procedural reforms and Democrats, united in the belief that the Lowery, President, Southern Christian Lead- but appropriately avoids any curtailment of federal habeas corpus process can be dra- ership Conference, U.S. House Judiciary the federal courts’ power to decide federal matically streamlined without jeopardizing Committee hearing on capital habeas corpus its constitutional core. At a time when pro- constitutional issues. This same framework reform, June 6, 1990 of reform will produce equally dramatic re- posals to curtail civil liberties in the name ‘‘The State court cannot have the last say sults in state cases. Cutting back the en- of national security are being widely viewed when it, though on fair consideration and forcement of constitutional liberties for peo- with suspicion, we believe it is vital to en- what procedurally may be deemed fairness, sure that habeas corpus—the means by ple unlawfully held in state custody is nei- may have misconceived a federal constitu- ther necessary to habeas reform nor relevant which all civil liberties are enforced—is not tional right.’’—Justice Felix Frankfurter, substantially diminished. to terrorism. for the Court, in Brown v. Allen, 344 U.S. 443, We are confident that the worthwhile goal The habeas corpus reform bill you and Sen- 508 (1953) of streamlining the review of criminal cases ator Biden proposed in 1993, drafted in close ‘‘[There is no case in which] a state court’s can be accomplished without diminishing cooperation with the nation’s district attor- incorrect legal determination has ever been constitutional liberties. Please support the neys and state attorneys general, appro- allowed to stand because it was reasonable. continuation of independent federal review priately recognizes this point. It would cod- We have always held that federal courts, of federal constitutional claims through ha- ify the long-standing principle of inde- even on habeas, have an independent obliga- beas corpus. pendent federal review of constitutional tion to say what the law is.’’—Justice San- Sincerely, questions, and specifically reject the ‘‘full dra Day O’Connor, concurring in Wright v. BENJAMIN CIVILETTI. and fair’’ deference standard. West, 112 S.Ct. 2482 (1992), citing 29 Supreme EDWARD H. LEVI. Independent federal review of state court Court cases and ‘‘many others’’ to reject the NICHOLAS DEB. judgments has existed since the founding of urging of Justices Thomas, Scalia and KATZENBACH. the Republic, whether through writ of error Rehnquist to adopt a standard of deference ELLIOT L. RICHARDSON. or writ of habeas corpus. It has a proud his- to state courts on federal constitutional tory of guarding against injustices born of matters. [From the New York Times, Mar. 13, 1996.] racial prejudice and intolerance, of saving THE WRONG ANSWER TO TERRORISM the innocent from imprisonment or execu- EMERGENCY COMMITTEE TO With the first anniversary of the Okla- tion, and in the process, ensuring the rights SAVE HABEAS CORPUS, homa City bombing approaching next month, of all law-abiding citizens. We in the Emer- June 1, 1995. Congress and the White House are pressing gency Committee have fought against pro- Hon. DANIEL PATRICK MOYNIHAN, to complete action on new antiterrorism leg- posals to strip the federal courts of power to Senate Russell Office Building, islation. In haste to demonstrate their re- correct unconstitutional state court actions, Washington, DC. solve in an election year, President Clinton alongside other distinguished groups such as DEAR SENATOR MOYNIHAN: We understand and lawmakers from both parties are ready the NAACP Legal Defense Fund, the South- that the Senate may act next week on the to approve steps that would dangerously ern Christian Leadership Conference, the habeas corpus provisions in Senator Dole’s erode American liberties. Combating ter- American Bar Association, former prosecu- terrorism legislation. Among these provi- rorism is vitally important, but it should not tors, and the committee chaired by Justice sions is a requirement that federal courts threaten long-established rights of privacy, Powell on which all subsequent reform pro- must defer to state courts incorrectly apply- free speech and due process. posals have been based. We have met with ing federal constitutional law, unless it can Last June the Senate rashly passed the Attorney General Reno, testified in Con- be said that the state ruling was ‘‘unreason- Comprehensive Terrorism Protection Act of gress, and successfully argued in the Su- ably’’ incorrect. This is a variation of past 1995. The bill contained some reasonable preme Court against the adoption of a def- proposals to strip the federal courts of the measures, including an increase in F.B.I. erence standard, in Wright v. West. power to enforce the Constitution when the staff and revisions in Federal law that would We hope you will use the power of your of- state court’s interpretation of it, though make it easier to trace bombs and impose fice to ensure that the worthwhile goal of clearly wrong, had been issued after a ‘‘full harsher penalties for dealing in explosives. streamlining the review of criminal cases is and fair’’ hearing. But the legislation also authorized intru- accomplished without diminishing constitu- The Emergency Committee was formed in sive new surveillance powers for law enforce- tional liberties. If it would be helpful, we 1991 to fight this extreme proposal. Our ment agencies, crackdown on suspect aliens

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3442 CONGRESSIONAL RECORD — SENATE April 17, 1996 and an ill-advised blurring of the line be- corpus power in 1867 to give Federal district violations of constitutional rights—ones not tween military and police forces. To assure courts the power to review state criminal found in state courts, often because the de- passage, Mr. Clinton unwisely agreed to convictions. Since then, judges have set fendants had such incompetent lawyers. withdraw his objections to incorporating a aside many sentences of prisoners who failed After the Oklahoma City bombing, Senate change in habeas corpus standards that to receive fair trials, including some con- Republicans decided to attach a crippling ha- would limit death row appeals in Federal demned to die because prosecutors concealed beas provision to the counterterrorism bill. courts. evidence of their innocence. On May 23 four former Attorneys General, A corresponding bill under consideration in The antiterrorism bills contain provisions Democrats and Republicans—Benjamin Civi- the House this week does not include some of that would accelerate the executions of con- letti, Nicholas deB. Katzenbach, Edward H. the most troubling Senate provisions, in- demned prisoners, at great risk to their fun- Levi and Elliot L. Richardson—wrote Presi- cluding the expanded role for military forces damental rights. These provisions have sur- dent Clinton urging him to oppose it. in domestic law enforcement. But House vived Congressional debate even though ‘‘It is vital,’’ they wrote, ‘‘to insure that members who take their constitutional vows other provisions that might actually have habeas corpus—the means by which all civil seriously should eliminate or modify other done something about terrorism—banning liberties are enforced—is not substantively damaging provisions in the bill. bullets that pierce police vests and tagging diminished. Among other dubious steps, the House bill explosives to enable law enforcement to . . . It has a proud history of guarding would grant the Secretary of State expansive trace terrorist bombs—were scrapped on the against injustices born of racial prejudice authority to brand foreign groups and their House floor. and intolerance, of saving the innocent from domestic affiliates as terrorists, thereby The most pernicious legal change would in- imprisonment or execution and in the proc- making it a crime for Americans to support struct Federal judges that they are bound by ess insuring the rights of all law-abiding citi- the group’s activities, even if they are per- state court findings when determining the zens.’’ fectly legal. Members of designated terrorist fairness of a prisoner’s criminal trial. Only Two days later President Clinton wrote the groups would be barred from entering the when those findings are ‘‘unreasonable’’ or Senate majority leader, Bob Dole, to say country to speak, reviving a discredited flatly contradict clearly announced Supreme that he favored habeas corpus reform so long practice that was discarded in 1990 with re- Court rulings can the Federal court overturn as it preserved ‘‘the historic right to mean- peal of the McCarthy-era McCarran-Walter them. State courts rarely disobey the high ingful Federal review.’’ The issue should be Act. court openly. But they still make serious addressed later, he said, not in the Under the House legislation, the Attorney mistakes. Federal judges have often found counterterrorism bill. General would be given unchecked authority state court judgments woefully sloppy Then, on June 5, Mr. Clinton appeared on to elevate ordinary state and Federal crimes though masked in neutral language the new television on CNN’s ‘‘Larry King Live.’’ to acts of terrorism, carrying sentences proposals would insulate from review. Asked about habeas corpus, he said reform ranging up to death. The F.B.I., which al- A Supreme Court case from last year ‘‘ought to be done in the context of this ter- ready has ample authority to pursue terror- makes the point. By a distressingly thin 5- rorism legislation.’’ ists, would get new powers to obtain phone to-4 margin, the Court set aside the death It was a complete switch from his position and travel records without having to estab- sentence of a man whose murder conviction of less than two weeks before. And it had the lish that a suspect seemed to be engaging in rested on the word of an informant whose po- effect of undermining Senate supporters of criminal activity. Government wiretap au- tential motives for falsely accusing him were habeas corpus. thority would be expanded, with reduced ju- known to the police but concealed from the Two days later the Senate approved the dicial oversight. defense. The condemned man’s conviction Republican measure. The House has also The proposed change in habeas corpus survived many layers of state and Federal passed stringent restrictions on habeas cor- would undermine the historic role of the judicial review before reaching the Supreme pus, so almost certainly there will be legisla- Federal courts in correcting unconstitu- Court. Under the proposal in Congress, the tion putting a drastic crimp on the historic tional state court convictions and sentences. defendant, instead of getting a new trial, writ. If Congress is determined to make this alter- would get the chair. The Senate bill says that no Federal court ation, it should at least address the question By essentially telling independent Federal may grant habeas corpus to a state prisoner separately and carefully, rather than tagging judges how to decide cases, the bill unconsti- if state courts had decided his or her claim it onto an antiterrorism bill. tutionally infringes on the jurisdiction of a on the merits—unless the state decision was These objectionable measures are not in- coordinate branch of government and poten- ‘‘contrary to, or involved an unreasonable cluded in a promising alternative bill pro- tially violates the Constitution’s stricture application of’’ Federal constitutional law as posed by three Democratic representatives— that the writ of habeas corpus shall not be determined by the Supreme Court. John Conyers Jr. of Michigan, Jerrold Nadler suspended except in time of war or dire That language seems to mean that Federal of New York and Howard Berman of Cali- emergency. It also includes unrealistic dead- judges must overlook even incorrect state fornia. lines for filing court petitions and undue re- rulings on constitutional claims, so long as Americans were shaken and angered by the straints on legal resources available to pris- they are not ‘‘unreasonably’’ incorrect. It is explosion that shattered the Federal build- oners. Unless a Senate-House conference a new and remarkable concept in law; that ing in Oklahoma City and killed 169 people. committee can disentangle habeas corpus mere wrongness in a constitutional decision Congress is right to give Federal law enforce- from terrorism, Mr. Clinton has a duty to is not to be noticed. ment agencies more money and manpower. warn that he will veto the entire package. Experts in the field say the provision may Diminishing American liberties is not the so- effectively eliminate Federal habeas corpus. lution to terrorism. [From the New York Times, July 7, 1995] It signals Federal judges to stay their hands. MR. CLINTON’S BETRAYAL And what Federal judge will want to say that his state colleagues have been not just [From the New York Times, Apr. 8, 1996] (By Anthony Lewis) wrong but ‘‘unreasonable’’? GRAVE TROUBLE FOR THE GREAT WRIT BOSTON.—For Bill Clinton’s natural sup- The President explained to Larry King Members of Congress are exploiting public porters, the most painful realization of his that attaching the habeas corpus provision concerns about terrorism to threaten basic Presidency is that he is a man without a bot- to the counterterrorism bill would speed pro- civil liberties. Of these, not one is more pre- tom line. He may abandon any seeming be- ceedings in the prosecutions brought over cious than the writ of habeas corpus—the lief, any principle. You cannot rely on him. the Oklahoma bombing. But those are Fed- venerable Great Writ devised by English There is a telling example to hand. As the eral prosecutions, not covered by this bill. judges to guard against arbitrary imprison- Senate debated a counterterrorism bill last No, the reason for President Clinton’s ment and, in modern terms, a vital shield month, Mr. Clinton changed his position on turnabout is clear enough. He thinks there is against unfair trials. the power of Federal courts to issue writs of political mileage in looking tough on crime. Both the House and Senate have voted to habeas corpus. The Senate then approved a Compared with that, the Great Writ is unim- weaken the modern version of habeas corpus provision that may effectively eliminate portant. beyond recognition. Invading the province of that power. In 1953 Justice Hugo L. Black wrote: ‘‘It is the independent Federal judiciary, their pro- The issue may sound legalistic, but habeas never too late for courts in habeas corpus posals would forbid judges from rendering corpus has been the great historic remedy proceedings . . . to prevent forfeiture of life their own findings of fact and law, virtually for injustice. By the Great Writ, as it is or liberty in flagrant defiance of the Con- instructing the judges to decide cases called, Federal courts have set aside the con- stitution.’’ Now, thanks to Bill Clinton and against the petitioning prisoner. President victions of state prisoners because they were the Republicans in Congress, it may be. Clinton, who has waffled on the issue, needs tortured into confessing or convicted by to warn Congress that he will not sign this other unconstitutional means. [From the New York Times, Dec. 8, 1995] unconstitutional measure just to get a ter- In recent years conservatives in Congress IS ITAZEAL TO KILL? rorism law. have attacked the habeas corpus process be- The writ has long been available in Amer- cause it delays the execution of state pris- (By Anthony Lewis) ica to tell sheriffs and wardens to ‘‘produce oners on death row. Some prisoners do file An Illinois man who had been on death row the body’’ of the prisoner and justify the frivolous petitions. But in other cases con- for 11 years, Orlando Cruz, had a new trial jailing in court. Congress applied the habeas servative Federal judges have found grave last month and was acquitted of murder. The

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3443 record, including police perjury, was so rank May he wrote Senator Bob Dole that he fa- ods used by businesses and individuals to as- that the Justice Department has begun in- vored habeas corpus reform so long as it pre- sure the privacy of their communications. vestigating possible civil rights violations. served ‘‘the historic right to meaningful Fed- He called for all encryption methods to have In the last 20 years, 54 Americans under eral review.’’ He opposed adding a habeas a decoder key to which law-enforcement offi- sentence of death have been released from corpus provision to counterterrorism legisla- cials would have access. prison because of evidence of their inno- tion—but a few days later he abandoned that Recently Mr. Clinton issued an executive cence. In an important pending case, a U.S. position. order authorizing physical searches without Court of Appeals has scheduled a hearing for In the House the clampdown on habeas cor- a court order to get suspected foreign intel- Paris Carriger, an Arizona death row inmate pus is going to be part of a counterterrorism ligence information. That is an extraor- who some usually skeptical criminologists bill coming out of the Judiciary Committee. dinary assertion of power, without legisla- believe is probably innocent. The bill has many other problems, of fairness tion, to override the Constitution’s protec- Congress is now preparing to deal with the and free speech. But the attack on habeas tion of individuals’ privacy. fact that innocent men and women are occa- corpus is a question of life and death. He has also called for a national identity sionally sentenced to death in this country. card, which people would have to provide on Congress’s answer is: Execute them anyway, [From the New York Times, Apr. 15, 1996] seeking a job to prove they are not illegal guilty or innocent. STAND UP FOR LIBERTY aliens. That idea is opposed by many con- That result will follow, inevitably, from (By Anthony Lewis) servatives and liberals as a step toward an legislation that is heading for the floor of WASHINGTON.—In one significant respect, authoritarian state. the House and has already passed the Senate. Bill Clinton’s Presidency has been a sur- Beyond the particular issues, Mr. Clinton It would limit Federal habeas corpus, the prising disappointment and a grievous one. has failed as an educator. He has utterly legal procedure by which state prisoners can That is in his record on civil liberties. failed to articulate the reasons why Ameri- go to Federal courts to argue that they were This week Congress is likely to finish work cans should care about civil liberties: the unconstitutionally convicted or sentenced. on legislation gutting Federal habeas corpus, reasons of history and of our deepest values. Federal habeas corpus has played a crucial the historic power of Federal courts to look This country was born, after all, in a strug- part in saving wrongly convicted men and into the constitutionality of state criminal gle for those liberties. women from execution. One reason is that proceedings. Innocent men and women, con- His record is so disappointing because he state judges, most of them elected, want to victed of murder in flawed trials, will be exe- knows better. Why has he been so insensitive look strongly in favor of capital punishment. cuted if that protection is gone. to the claims of liberty? For example, Alabama judges have rejected And President Clinton made it possible. The answer is politics: politics of a narrow 47 jury recommendations for life sentences, With a nod and a wink, he allowed the ha- and dubious kind. The President wants to imposing death instead, while reducing jury beas corpus measure to be attached to a look tough on terrorism and aliens and death sentences to life only 5 times. counterterrorism bill that he wanted—a bill crime. So he demands action where there is The habeas corpus restrictions moving that has nothing to do with state prosecu- no need or public demand. Without his push, through Congress would increase the chance tions. the excesses of the terrorism bill would have of an innocent person being executed in two House and Senate conferees are likely to no meaningful constituency. main ways. finish work on the terrorism bill this week, He would do better for himself, as for the The first deals with the right to bring in and both houses to act on it. Last week At- country, if he stood up for our liberties. And newly discovered evidence of innocence in a torney General Janet Reno sent a long letter there is history. Does Bill Clinton really fresh habeas corpus petition. There are legal to the conferees. Reading it, one is struck by want to be remembered as the President who rules against successive petitions, but there how insensitive the Clinton Administration sold out habeas corpus? is an escape hatch for genuine evidence of in- is to one after another long-established prin- nocence. ciple of civil liberties. EXCERPT FROM STATEMENT OF Today a prisoner is entitled to a habeas The letter demands, for example, that the ADMINISTRATION POLICY corpus hearing, despite the rules against re- Government be given power to deport aliens Finally, H.R. 2703 contains provisions to peated petitions, if his new evidence makes as suspected terrorists without letting them reform Federal habeas corpus procedures. it ‘‘more likely than not that no reasonable see the evidence against them—arguing for The Administration has consistently and juror would have convicted him.’’ The pend- even harsher secrecy provisions than ones strongly supported habeas corpus reform in ing legislation would change the ‘‘more like- the House struck from the bill last month. It order to assure that criminal offenders re- ly’’ standard to the far more demanding one says there is no constitutional right to see ceive swift and certain punishment. Indeed, of ‘‘clear and convincing evidence.’’ the evidence in deportation proceedings, the Administration believes that the bill Second, the legislation as passed by the though the Supreme Court has held that could be improved to provide additional Senate raises a new obstacle. Federal courts there is. would be forbidden to grant habeas corpus if Ms. Reno denounces the House for reject- guarantees that offenders have only ‘‘one a claim had been decided by state courts— ing a Clinton proposal that the Attorney bite at the apple’’ and complete the process unless the state decision was ‘‘an arbitrary General be allowed to convert an ordinary even more expeditiously. These further limi- or unreasonable’’ interpretation of estab- crime into ‘‘terrorism’’ by certifying that it tations should be accompanied by necessary lished Federal constitutional law. transcended national boundaries and was in- changes in the scope of review afforded to Apparently, a Federal judge could not free tended to coerce a government. Instead, in such petitions. H.R. 2703 would establish a a probably innocent state prisoner if he had the House bill, the Government would have standard of review for Federal courts on con- been convicted as the result of a state court to prove those charges to a judge and jury— stitutional issues that is excessively narrow constitutional ruling that was merely wrong. a burden the Clinton Administration does and subject to potentially meritorious con- It would have to be ‘‘unreasonably’’ wrong— not want to bear. stitutional challenges. To achieve the twin a remarkable new concept. The Reno letter objects to ‘‘terrorists’’ goals of finality and fairness. H.R. 2703 Why would members of Congress want to being given rights. But that assumes guilt. should shorten the duration and reduce the increase the chances of innocent men and The whole idea of our constitutional system number of reviews for each criminal convic- women being gassed or electrocuted or given is that people should have a fair chance to tion while preserving the full scope of habeas lethal injections? Perhaps I am naive, but I answer charges before they are convicted. review so that it can continue to serve its find that difficult to understand. Does Janet Reno think we should ignore the historic function as the last protection The country’s agitated mood about crime, Fourth and Fifth and Sixth Amendments be- against wrongful conviction. The Adminis- fed by demagogic politicians, makes Con- cause they protect ‘‘criminals’’? Does Bill tration hopes to work with the House and gress—and Presidents—want to look tough Clinton? the conferees to achieve these ends. on crime. One result is zeal for the death Even before the terrorism bill, with its ha- Mr. DOLE. Mr. President, is leader penalty. beas corpus and numerous other repressive time reserved? But that cannot explain a zeal to cut off provisions, the Administration had shown a The PRESIDING OFFICER. Yes. newly discovered evidence of a prisoner’s cavalier disregard for civil liberties. The likely innocence and execute him, guilty or Clinton record is bleak, for example, in the f innocent. Can our political leaders really be area of privacy. BROADCAST BLACKOUT so cynical that they put the tactical advan- President Clinton supported the F.B.I.’s tage of looking tough on crime ahead of an demands for legislation requiring that new Mr. DOLE. Mr. President, TV broad- innocent human life? digital telephone technology be shaped to as- casters have broken their trust with It is a question for, among others, Senator sure easy access for government eaves- the American people. For more than 40 Orrin Hatch and Representative Henry Hyde, droppers. That legislation passed, and then years, the American people have gener- chairmen of the Senate and House Judiciary the Administration asked for broader wire- ously lent TV station owners our Na- Committees. Whatever their political out- tap authority in the counterterrorism bill. tion’s airwaves for free. Now some look, I have never thought them indifferent (That is one proposal Congress seems unwill- to claims of humanity. ing to swallow.) broadcasters want more and will stop President Clinton must also face the re- The President also supported intrusive at nothing to get it. They are bullying ality of what this legislation would do. Last F.B.I. demands for ways to penetrate meth- Congress and running a multimillion-

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3444 CONGRESSIONAL RECORD — SENATE April 17, 1996 dollar scare campaign to mislead the the private sector amounted to a In fact, I have a whole bookful here. public. whooping $31.3 billion. That is with a In fact, this is loaded with editorials The reason is simple: Why pay for ‘‘b’’—billion dollars. and comments about this giveaway. something when you can get it for free? Here is another fact. All TV broad- You do not see it on television. But there is one small problem. The cast licenses in America were origi- There have been a few exceptions. I airwaves are the Nation’s most valu- nally given away for free, but only 6 want to be fair. CNN, which is a cable able natural resource and are worth percent are still in the hands of the network, has reported on this issue, billions and billions of dollars. They do original licensee. The other 94 percent while CBS made an attempt a month not belong to the broadcasters. They have been bought and sold. My point is ago. So-called public interest obliga- do not belong to the phone companies. that broadcasters have a long history tions seem to have gone out the win- They do not belong to the newspapers. of paying top dollar for existing chan- dow when it is not in the broadcasters’ Each and every wave belongs to the nels. Somehow they cannot afford any self-interest. American people, the American tax- new ones unless the taxpayer picks up If five Senators took a legitimate payers. Our airwaves are just as much the tab. trip somewhere overseas to investigate a national resource as our national UNFUNDED MANDATE ON CONSUMERS something that might be costing the parks. Before Congress lets huge moneyed American people money, that is re- Enter the TV broadcasters. Earlier interests get their fingers on this na- ported on the evening news as a junket this year, I blocked their legislative ef- tional resource, we must be certain costing thousands and thousands of forts to get spectrum for free. At my that the American taxpayer is fully dollars to the American taxpayer be- request, Congress is now holding open protected. The policy broadcasters’ cause the Senators were over there try- hearings on reforming our spectrum want will not only force taxpayers to ing to see if they were spending too policies. giveaway valuable airwaves, it will much on foreign aid maybe in Bosnia Apparently, the democratic process also force consumers to spend hundreds or maybe somewhere else. That would is not good enough for most broad- of billions of their own dollars on new be news. Maybe it is news. Maybe it casters. So TV broadcasters are now equipment which is a point that I should be reported. But when it comes running ads and so-called public serv- think has been overlooked. They have to billion dollar giveaways, to them ice announcements, claiming that TV been trying to frighten everybody with ‘‘mum’’ is the word. You never hear will die without this huge corporate television, and to get their way are about it on television. Dan Rather will welfare program, this billions and bil- going to have to have another tele- not utter a word. Peter Jennings, Tom lions of dollars they want to take away vision or some attachment. Brokow—maybe they do not know from the American taxpayers. Of The fact is that federally mandating about it. But I would say to the Amer- course, they do not call this giveaway a transition to digital broadcast will ican taxpayers and the people with TV welfare; they call it a tax. Imagine ultimately render all television sets in sets that somebody had better protect calling a giveaway a tax. the country obsolete. You will not be the American public. Also, I am aware that some broad- able to use your television set. I have even had a threatening letter, casters have asked Members of Con- Consumers will be forced to buy ei- which I will not put in the file, that if gress to drop by their stations. In the ther new television sets or convertor I do not shape up and stop talking midst of these friendly discussions, the boxes to receive so-called free, over- about this, this broadcaster is going to broadcasters say, ‘‘I thought you might the-air broadcasts. get his 700 employees to vote for some- want to see the ad we are considering Last year we passed the unfunded one else in November. That is intimida- running in your district.’’ mandates law. Perhaps some have for- tion. So much for subtlety. gotten, but that law applies to more I have no quarrel with the broad- It seems to me the broadcasters than just State and local governments. casters. I have always thought they should be happy with the deal they al- It applies to the private sector and were my friends. But it seems to me ready have. They have been getting most importantly to individuals. that when we are trying to balance the free channels for years. In return, they The impact of the broadcasters’ plan budget and when we are asking every- fulfill public interest obligations, such would be dramatic. There are 222 mil- body to make a sacrifice, then we as reporting news and information. lion television sets in this country. At ought to make certain that we do not Now they want more airwaves for free. a Senate Budget Committee hearing give something away worth billions Newspapers also report the news, but last month, the broadcasters testified and billions and billions of dollars. Congress has never had to buy them that the average digital television set’s Maybe the broadcasters felt this off. It seems to me that giving broad- estimated cost is $1,500, while the less issue was not newsworthy. But if that casters free spectrum is like giving expensive converter box will cost ap- is the case, why did the National Asso- newspapers free paper from our na- proximately $500. Replacing every tele- ciation of Broadcasters vote to go on tional forests. vision set in America with a digital one the offensive and launch a multi-mil- Congress has never challenged wheth- would cost $333 billion. Using the less lion-dollar ad campaign to preserve, as er broadcasters should be allowed to expensive converter box would cost $111 they spin it, free, over-the-air broad- keep a channel. Instead, we are simply billion. No doubt about it, consumers casting? stating that if broadcasters want more will not be happy that Congress made I have already indicated it is not channels, then they are going to pay this choice for them. That is precisely going to be free. It is going to cost you the taxpayers for them. That does not what we are going to do here unless we $500 for a converter box or $1,500 for a kill television. wake up and smell something. new TV set. That is not free. The broadcasters say they cannot af- The American people should have a I did not realize that ad campaigns ford to buy additional airwaves, which say before Congress makes a decision have replaced the evening news. the Congressional Budget Office esti- on spectrum. After all, the airwaves CONCLUSION mates is worth at least $12 billion. Last are theirs and so are their TV sets. Nei- Mr. President, if the broadcasters time I checked, the American people ther belongs to the broadcasters. have a case to make, Congress is pre- cannot afford to give it to them free. NETWORK COVERAGE pared to hear them. We are having fair We are trying to balance a budget Finally, TV broadcasters have right- and open hearings. That is what de- with tax cuts for families with chil- ly kept a watchful eye on a bloated mocracy is all about. It is not about dren, reducing spending, and closing Government. Whether it was $600 toilet distorting the truth and making thinly loopholes. seats or $7,000 coffee pots, they have al- veiled threats. The American people Broadcasters say that if they had to ways helped us quickly identify waste. know this. And despite what some pay for the extra airwaves, it would be But they have been strangely silent on might think, we are not easily duped. the end of so-called free, over-the-air this issue. In contrast, story after I hope that fairness will prevail. I do television. The facts speak otherwise. story, and editorial after editorial, pro- not know what the value should be. According to the Washington Post, tested this giveaway in the print But we should find out. Maybe it is $1. over the last 2 years broadcast deals in media. Maybe it is $1 million. Maybe it is $50

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3445 billion. But I never found anything to allow Iran to provide arms to the leagues on the other side, had we lifted wrong with having a hearing and ask- Bosnians, there has been little, if any, the arms embargo and had we provided ing the people that might be impacted, response from the other side of the the weapons, the Bosnians could have including the American consumer, to aisle. defended themselves and chances are come to testify. I believe many broad- Had there been a Republican in the there would not have been any Amer- casters understand their responsibility. White House, no doubt, the Democrats ican troops there now, and we would Maybe there are only a few out there would have been all over the President. have had a peace agreement sooner and leading this effort to mislead the But, that is not the real issue. I am not on better terms for the Bosnians. And American public and to walk away here to be all over the President. This most likely, as I said, we would not with billions of dollars in welfare from is not about the conduct of partisan have 20,000 Americans in Bosnia at this the Congress of the United States. politics, but the conduct of our foreign moment. And finally, had we lifted the I know this is not a very popular policy. This is about American leader- arms embargo on Bosnia, the United thing to do—to get up and take on TV ship, American credibility, and Con- States would have done the right thing broadcasters or radio broadcasters be- gressional oversight. That is why I met for the right reason. We would have cause they have a lot of free access to today with the chairmen of the Foreign done it openly, and we would have done the airwaves. But I believe, if we are Relations, Intelligence, Armed Serv- it honestly. serious about the budget and serious ices, and Judiciary Committees to dis- That is what this examination and about the future, serious about the tax- cuss this serious foreign policy matter. these hearings will be about, because I payers, that it at least ought to be For nearly 3 years, this administration think we owe it to the American people raised. opposed congressional efforts to lift the and we owe it to Members of Congress. So I think they are all legitimate. unjust and illegal arms embargo on As far as I know, no one knew about But I think those broadcasters who Bosnia and Herzegovina. We were told, what was happening. We were told we have not been blinded by greed—and and the American people were told, just could not lift the arms embargo there are a lot of them out there that that the United States was bound by because of all the problems that would have not—will help shape the future of the U.N. embargo on the former Yugo- create with our allies and our credi- television. slavia. We were told that if America bility at the same time. Apparently Again, I must say that I know it does violated this embargo, we would lose some knew it was happening through not get a lot of attention. But there support from our allies for other em- the back door. are all kinds of columns here by dif- bargoes, such as the one against Iraq. I yield back the remainder of my ferent people, William Safire and oth- Finally, we were told that lifting the leader time. Mr. HOLLINGS addressed the Chair. ers, page after page, hundreds of pages embargo and allowing the Bosnians to The PRESIDING OFFICER. Who of stories about this giveaway. have arms while U.N. forces were de- yields time? I know the broadcasters are meeting ployed in Bosnia, would endanger the Mr. HATCH. Did the Senator want to in Las Vegas, and I think it is time to troops of our allies. comment on the Moynihan amend- throw the dice and have a hearing. Some people are saying, well, you ment? Maybe they can make their case. That knew that Iran was providing arms to Mr. HOLLINGS. I ask unanimous is what Congress is all about. the Bosnians. I would like to respond consent that I be given 10 minutes as if But it seems to me that the Presi- to that. While we read and heard re- in morning business to respond to the dent, I think, should have an interest ports that Iran was smuggling arms to majority leader on the issue of broad- in this. It is not a partisan issue. It is the Bosnians, we did not know the cast spectrum auctions. an issue of how we are going to pay the President and his advisers made a con- The PRESIDING OFFICER. Is there bills, how we are going to balance the scious decision to give a green light for objection? Without objection, it is so budget, and what amount will properly Iran to provide arms. Indeed, those of ordered. The Senator from South Caro- be received in charging for spectrum. us who advocated lifting the arms em- lina is recognized. Mr. MOYNIHAN. Mr. President, will bargo—Republicans and Democrats— Mr. HOLLINGS. I thank the distin- the majority leader yield for a ques- argued that if America did not provide guished leaders of this measure. tion? Bosnia with assistance, Iran would be f Mr. DOLE. I am happy to yield. Bosnia’s only option. In my view, the Mr. MOYNIHAN. Does the leader role of the President and administra- TELECOMMUNICATIONS have in mind to schedule hearings and tion officials in this matter need to be Mr. HOLLINGS. Mr. President, I to ask the administration officials to examined—even if we do not receive co- must take exception with the state- testify? operation from the White House and ments by the distinguished majority Mr. DOLE. In fact, I think we have the Intelligence Oversight Board— leader. What really occurred 5 years had one. Senator PRESSLER, chairman which has been the case to date. ago is that hearings both in our Com- of the Commerce Committee, had 1 day In the meeting I held with the four mittee of Commerce, which I was of hearings. There will be another day committee chairmen today, we decided chairing at the time, and the Federal of hearings, I think, next week to be on the approach we would take. The In- Communications Commission as to followed by additional hearings. So telligence Committee will investigate how to bring about high-definition tel- there is an effort to have everybody the matter of whether any administra- evision, going from the analog signal come in and testify and then make a tion officials were engaged in covert to the high-definition digital television judgment. action. The Foreign Relations Com- signal—similar to how we went earlier I see the Senator from South Dakota mittee will review administration pol- from AM radio to FM radio and we is on the floor now. That was part of icy as stated and as executed, as well gave away the licenses, and now most the agreement on the telecommuni- as the ramifications of these revela- of the radio audience predominates in cations bill—that the bill would go for- tions. Let me tell you why I believe FM. ward, there would be hearings, and this examination is important. On this particular score, there are all Congress would make a judgment for In short, this duplicitous policy has kinds of problems. First, there is a the American people. We are going to seriously damaged our credibility with problem faced by the local broad- have to cough up the money on what our allies. It has also produced one of casters. To change over from their ana- we should do. the most serious threats to our mili- log signal to a digital signal is going to Mr. MOYNIHAN. I thank the Sen- tary forces in Bosnia and, according to be a cost of somewhere between $2 and ator. It is none too soon. the administration, the main obstacle $10 million. They are not going to put f to the arm and train program for the that $2 to $10 million in changing over Bosnians—I am talking about the pres- unless and until there are digital TV IRANIAN ARMS FOR BOSNIA ence of Iranian military forces and in- sets. The people who are going to pur- Mr. DOLE. Mr. President, since the telligence officials in Bosnia. chase the sets are not going to pur- report surfaced in the Los Angeles As I have said many, many times on chase them until the broadcasters Times that President Clinton decided this floor, along with many of my col- bring about digital television.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3446 CONGRESSIONAL RECORD — SENATE April 17, 1996 So working as the public body in the standing up and I am protecting the to the appropriate standard of review public interest, we reasoned, after public, and we want to pay the bills in habeas petitions involves differing these hearings, that there ought to be and we want to balance the budget, is visions as to the proper role of habeas a transition to change over, to cer- all hogwash. If you want to pay bills, review. tainly not penalize established free then I say to the Senator, it is in your Federal habeas review takes place broadcasts in America—it is not a gift, Finance Committee. Pull it out of the only after there has been a trial, direct if you please, but, on the contrary, we Finance Committee and let’s vote up review by a State appellate court, a need to get them to switch from analog and down, because you cannot balance second review by a State supreme to digital and then we’ll take the one the budget without increasing taxes. court, and than a petition to the U.S. that they relinquished and auction it. I will make my challenge one more Supreme Court. Thus we have a trial Nobody is getting anything free. It is time. I make it time and again. I would and at least three levels of appellate necessary to bring about that par- be delighted to jump off the Capitol review. In a capital case, the petitioner ticular switch from the analog to the dome if you can give me a 7-year bal- often files a clemency petition, so the high-definition television that will anced budget without increasing taxes. State executive branch also has an op- truly benefit consumers. You cannot do it. I gave that to the portunity to review the case. Chairman Sikes, a Republican chair- distinguished chairman of the Budget But that is not the end. In virtually man of the Federal Communications Committee, and he did not do it. That every State, a postconviction collat- Commission, enunciated this policy. was over a year ago. And I am still eral proceeding exists. In other words, We had 2 years of hearings in our Com- ready to jump. the prisoner can file a habeas corpus merce Committee. We, in a bipartisan I yield the floor. petition in State court. That petition fashion, got the movement going with The PRESIDING OFFICER. The Sen- is routinely subject to appellate review respect to the broadcasters. You have ator from Utah has 15 minutes. by an intermediate court and the State to sort of sell this idea to move them Mr. FORD. Mr. President, I ask unan- supreme court. The prisoner may then along. imous consent I might have 2 minutes. file a second petition in the U.S. Su- We are trying now to get the criteria The PRESIDING OFFICER. Is there preme Court, and may also, of course, for high-definition television agreed objection? The Chair hears none, and it seek a second review by the Governor. upon by all the technical entities that is so ordered. The Senator from Ken- So, after conviction, we have at least are interested in this particular move. tucky has 2 minutes. six levels of review by State courts and And the Federal Communications Com- Mr. FORD. I thank the Chair, and I two rounds of review—at least in cap- mission is having hearings to deter- thank my friend from Utah. ital cases—by the State executive. Con- mine the technology that should be f trary to the impression that may be used. Once that is done this spring, we GAGGING OF A SENATOR left by some of my colleagues, Federal hope to move forward and, as best we Mr. FORD. Mr. President, yesterday habeas review does not take place until can, accelerate this improved tele- the Senator from North Dakota was well after conviction and numerous vision viewing for the American public. prevented from speaking on the Senate rounds of direct and collateral review. And now this thing about balancing The Supreme Court has clearly held floor. They recessed the Senate in the budget, this crowd is running up $1 that habeas review is not an essential order to prevent him from speaking. I billion a day in interest costs. You prerequisite to conviction. Indeed, this know the majority leader has certain raise spending $1 billion a day while we very term, the Supreme Court re- privileges that other Senators do not are talking that you do not want to affirmed the principle that the Con- have—leader’s time, recognized first, pay for. I put in a value-added tax bill stitution does not even require direct and all that. But I think the majority to pay for it, but nobody else around review as a prerequisite for a valid con- leader made a mistake in trying to gag here wants to pay for it—talking about viction. a colleague yesterday. paying the bills and balancing the We are here, expecting to vote every Now that we have set the proper con- budget. But right is right and fair is 30 minutes, on an amendment or recon- text for this debate, let us just look at fair. sideration—recommittal on this ter- the proposed standard. Under the The broadcasters have not been going rorism bill, and the majority leader standard contained in the bill, Federal around soliciting or asking for a give- comes in, as is his right—I do not say courts would be required to defer to the away of billions of dollars or whatever he did not have the right—but we talk determinations of State courts unless it is. We have to maintain free over- about telecommunications and we talk the State court’s decision was ‘‘con- the-air broadcasting. They used to about Bosnia. Yet, the Senator from trary to, or involved an unreasonable have almost 100 percent of the broad- North Dakota could not talk about So- application of, clearly established fed- cast audience. They are down to 60 per- cial Security and balancing the budget. eral law, as determined by the Supreme cent. Cable television and direct broad- So, I want the Senate to know that Court . . . .’’ cast satellites are taking over and ev- some of us observe that. I believe the This is a wholly appropriate stand- erything of that kind. In a very real majority leader made a mistake. I ard. It enables the Federal court to sense, we are very careful about the think he realized he made a mistake. overturn State court decisions that regular analog stations that you and I And we should not attempt to gag any- clearly contravene Federal law. Indeed, watch every day and every evening. one here on the Senate floor. this standard essentially gives the Fed- So the air should be clear. You can I yield the floor. eral court the authority to review, de have 100 hearings. You can go back on The PRESIDING OFFICER. The Sen- novo, whether the State court decided it. You can come up with the sale and ator from Utah. the claim in contravention of Federal make a lot of money, but the American law. f public is not going to be served. Auc- Moreover, the review standard pro- tioning the second channel would only TERRORISM PREVENTION ACT— posed allows the Federal courts to re- disadvantage the American consumer. CONFERENCE REPORT view State court decisions that im- You should not reverse a well-studied The Senate continued with the con- properly apply clearly established Fed- and well-thought-out policy by a Re- sideration of the conference report. eral law. In other words, if the State publican administration and a Demo- Mr. HATCH. Mr. President, for my court unreasonably applied Federal cratic administration, a Republican friend from New York, I will just move laws, its determination is subject to re- committee and a Democratic com- to table this amendment. But I think, view by the Federal courts. mittee. We should stick with the FCC because he approaches things in such a What does this mean? It means that plan—it is the best way to ensure free scholarly manner, I should take just a if the State court reasonably applied over-the-air television and the tax- few minutes to explain why we cannot Federal law, its decision must be payer will benefit when the original accept his amendment and why I will upheld. Why is this a problematic channel is auctioned. move to table. standard? After all, Federal habeas re- This peripheral attack about I am Mr. President, I think that part of view exists to correct fundamental de- Horatio at the bridge here and I am the disagreement we have with respect fects in the law. After the State court

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3447 has reasonably applied Federal law, it I can understand it. I can debate it. I There appears to be a sufficient sec- is hard to say that a fundamental de- can argue about the merits of having ond. fect exists. State criminal justice systems at all. I The yeas and nays were ordered. The Supreme Court, in Harlow versus can debate the issue of whether some- Mr. MOYNIHAN. Mr. President, Fitzgerald, has held that if the police thing magical happens when a State might I ask for 30 seconds to thank my officers’ conduct was reasonable, no court judge becomes a Federal judge. friend and respond? claim for damages under Bivens can be But if this is what really concerns the The PRESIDING OFFICER. The Sen- maintained. In Leon versus United opponents to the habeas reform, then ator from New York is recognized. States, the Supreme Court held that if let us debate the point straight up. We Mr. MOYNIHAN. Mr. President, I the police officers’ conduct in con- should not allow this debate to be de- thank him for his thoughtful, careful ducting a search was reasonable, no railed. response. I would like to make the fourth amendment violation would ob- My good friend, the Senator from point that my concern is not with the tain and the Court could not order sup- New York, referred to the Great Writ, death penalty but with habeas corpus pression of evidence obtained as a re- which is part of the Constitution. He itself. I have had a long experience, as sult of the search. The Supreme Court need not fear for the Great Writ, if this the manager has had, with problems of has repeatedly endorsed the principal proposal is enacted, in other words, if terrorism. As I said a moment ago, the that no remedy is available where the our bill is enacted. The Great Writ of only time the terrorists ever win is Government acts reasonably. Habeas Corpus contained in the Con- when they begin to make you change Why then, given this preference for stitution applied to only two cir- your own fundamental political and ju- reasonableness in the law, should we cumstances: No. 1, to challenge an ille- dicial processes, and that is what I fear empower a Federal court to reverse a gal imprisonment before trial; and, No. this will do. It is of some relief to hear State court’s reasonable application of 2, to determine whether the trial court the distinguished manager’s statement Federal law to the facts? had jurisdiction to hear the case. that the Great Writ will remain sub- Our proposed standard simply ends The habeas corpus we are reforming stantially intact. the improper review of State court de- is the statutory form of habeas corpus. Mr. HATCH. Mr. President, if I can cisions. After all, State courts are re- There are some in this body who op- have 30 seconds. The Great Writ will quired to uphold the Constitution and pose such reform. I believe they are not be affected by this one bit. I appre- to faithfully apply Federal laws. There motivated in part, in major part, by ciate his concerns, and I believe he will is simply no reason that Federal courts their desire to stop the death penalty find this provision will help us in fight- should have the ability to virtually or to oppose the death penalty. I can ing violent criminals. retry cases that have been properly ad- understand that position, although I So I move to table the motion. I be- judicated by our State courts. disagree with it, and I think the vast lieve we have the yeas and nays. I think that once we cut away the majority of Americans disagree with it. The PRESIDING OFFICER. The camouflage surrounding the arguments I believe convicted killers should be question is on agreeing to the motion against our proposed habeas reform punished, and the particularly heinous to lay on the table the motion to re- package, we find two things: First, a killings ought to be punished with the commit. disagreement with the death penalty as death penalty. I think the survivors The yeas and nays have been ordered. a punishment. That is a legitimate dis- and family, the victims of this type of The clerk will call the roll. agreement. I, personally, am in favor of heinous murder, have a right to see The assistant legislative clerk called the death penalty, but I would very that those who killed their loved ones the roll. sparingly use it. But there are others are justly punished. That is why we Mr. LOTT. I announce that the Sen- who very sincerely believe that the have to pass this provision. It is long ator from Florida [Mr. MACK] is nec- death penalty is wrong. I can under- overdue. essarily absent. stand that. Many people have moral or To me, and I think to many others, The PRESIDING OFFICER (Mr. ethical concerns about the death pen- almost everybody in law enforcement INHOFE). Are there any other Senators alty, and many more in this country, today, the habeas corpus provision that in the Chamber desiring to vote? the vast majority, believe we should we have in this bill is a good one. The The result was announced—yeas 64, have a death penalty for the most hei- standard is a good one. The deference nays 35, as follows: nous murders and crimes in our soci- to State law is good, because it just [Rollcall Vote No. 66 Leg.] ety. I am appreciative, though, and means that we defer to them if they YEAS—64 sensitive to the concerns of others who have properly applied Federal law. We feel otherwise. Many of my colleagues should not give some judge who hates Abraham Gorton Murkowski Ashcroft Graham Nickles have heartfelt views on this matter, the death penalty a right to disrupt Baucus Gramm Nunn and I respect the sincerity of those that whole process when there is no Bennett Grams Pressler views. legal justification for doing so. Frank- Bond Grassley Reid But if the arguments against mean- Brown Gregg Robb ly, we have allowed the procedural jus- Bryan Hatch ingful habeas reform are in reality ar- Rockefeller tifications to exist for far too long and Burns Hatfield Roth Campbell Helms guments against the death penalty, that is what this is all about. Santorum Chafee Hollings then let us debate the efficacy of the So, having said that, I have letters Shelby Coats Hutchison Simpson death penalty. Let us decide whether from all kinds of law enforcement or- Cochran Inhofe death is the appropriate sanction for ganizations, including some organiza- Coverdell Jeffords Smith people like those who murdered the 168 Craig Johnston Snowe tions that have fought for civil lib- Specter individuals in Oklahoma City. I am D’Amato Kassebaum erties all of their existence, that sup- DeWine Kempthorne Stevens prepared to debate the point. But let us port our habeas corpus reform because Dole Kyl Thomas not disguise this argument. it is time to have that in law. It is time Domenici Lieberman Thompson The second argument I think my to get rid of the charade. They support Faircloth Lott Thurmond friends are making is that they fun- Feinstein Lugar Warner the habeas corpus reform more than Ford McCain Wyden damentally distrust the decisions of any—or the death penalty reform, Frist McConnell State courts. They believe that State more than any other provision in this NAYS—35 courts are somehow incompetent to try bill, although there are many good pro- important cases. They believe that Akaka Daschle Kerrey visions in this bill. Biden Dodd Kerry State juries are somehow not as good Having said all that, I am prepared to Bingaman Dorgan Kohl as Federal juries; that State court yield back the remainder of my time, Boxer Exon Lautenberg Bradley Feingold judges are not as qualified as Federal and, on behalf of Senator DOLE and my- Leahy Breaux Glenn judges; that State prosecutors and de- self, I move to table the amendment Levin Bumpers Harkin Mikulski fense attorneys are not as adept as and ask for the yeas and nays. Byrd Heflin Moseley-Braun Cohen Inouye their Federal counterparts. Although I The PRESIDING OFFICER (Mr. Moynihan Conrad Kennedy generally disagree with this argument, ABRAHAM). Is there a sufficient second?

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3448 CONGRESSIONAL RECORD — SENATE April 17, 1996 Murray Pryor Simon I have heard many colleagues stand And then it goes through this in de- Pell Sarbanes Wellstone up on the floor here and rail against tail. And then it gets to the end, and it NOT VOTING—1 pornography on the Internet, and for says: Mack good reason. Even when we thought we Did I mention that this is also highly ille- So the motion to lay on the table the had corrected the language that Sen- gal? Unimportant stuff that is cool to know. motion to recommit was agreed to. ator EXON introduced to comport with And then it rates shotgun shells by Mr. HATCH. I move to reconsider the the first amendment, I still hear in my two numbers, gauge, pellet size, and vote. State, and I hear of people writing goes into great detail. It is like build- Mr. MOYNIHAN. I move to lay that about how so and so is promoting por- ing an erector set. It does it in detail. motion on the table. nography on the Internet because they So what Senators DOLE and HATCH The motion to lay on the table was will not ban pornography on the Inter- and I did, we said you should not be agreed to. net. able to do this, but we have a first Mr. MOYNIHAN. Mr. President, I Yet, in the bill, we came along—all of amendment problem, possibly. So we suggest the absence of a quorum. us here—and the genesis of this came added a provision that says that you The PRESIDING OFFICER. The from Senator FEINSTEIN, when it was have to have the intent, when you are clerk will call the roll. initially offered. The majority leader, teaching people how to do this, that The assistant legislative clerk pro- Senator HATCH, and I had some con- the person using it is using it for the ceeded to call the roll. cerns with this, and we thought the purpose of doing harm. Mr. BIDEN. Mr. President, I ask language to ban teaching people how to So it seems to me that this is pretty unanimous consent that the order for make bombs on the Internet or engage straightforward. Granted, I want to the quorum call be rescinded. in terrorist activities on the Internet stop pornography on the Internet. I The PRESIDING OFFICER. Without might violate the first amendment. think pornography does harm to the objection, it is so ordered. Senators DOLE, HATCH, and I worked to minds of the people who observe it, MOTION TO RECOMMIT tighten the language and came up with particularly young people. But if that Mr. BIDEN. Mr. President, I move to language that was tough and true to does harm, how much harm is done by recommit the conference report on the civil liberties. It was accepted by unan- teaching a 15-year-old kid, a 12-year- bill S. 735 to the committee of con- imous consent. old kid, or a 20-year-old person, with ference with instructions to the man- We have all heard about the bone- great detail, how to build a baby food agers on the part of the Senate to dis- chilling information making its way bomb, or how to build an automatic agree to the conference substitute rec- over the Internet, about explicit in- particle explosion provision, or how to ommended by the committee of con- structions about how to detonate pipe build light bulb bombs. It says: ference and insist on inserting the fol- bombs and even, if you can believe it, lowing language to prohibit the dis- baby food bombs. Senator FEINSTEIN An automatic reaction to walking into a dark room is to turn on the light. This can tribution of information relating to ex- quoted an Internet posting that de- tailed how to build and explode one of be fatal if a light-bulb bomb has been placed plosive materials for a criminal pur- in the overhead light socket. A light-bulb poses. these things, which concludes that ‘‘If bomb is surprisingly easy to make. It also I send the motion to the desk. the explosion don’t get’em, the glass comes with its own initiator and electric ig- The motion is as follows: will. If the glass don’t get’em, the nails nition system. On some light-bulbs, the Motion to recommit the conference report will.’’ light-bulb glass can be removed from the on the bill S. 735 to the committee of con- I would like to give you a couple of metal base by heating the base of the light ference with instructions to the managers on illustrations of the kinds of things that bulb in a glass flame, such as that of a blow- the part of the Senate to disagree to the con- come across the Internet. This is one I torch and a gas stove. ference substitute recommended by the com- have in my hand which was And so on and so forth. It goes on to mittee of conference and insist on inserting downloaded. It said, ‘‘Baby food bombs explain how if you attach a plastic the following: by War Master.’’ And this is actually back to the light bulb when you re- SEC. . PROHIBITION ON DISTRIBUTION OF IN- downloaded off the Internet. It says: move the glass part but leave the fila- FORMATION RELATING TO EXPLO- SIVE MATERIALS FOR A CRIMINAL These simple, powerful bombs are not very ment and attach it and tape it there, PURPOSE. well known, even though all of the materials when someone comes in and turns on (a) Section 842 of title 18, United States can be obtained by anyone (including mi- the light, it blows up the room. Or, if Code, is amended by adding at the end the nors). These things are so— you want to just play a prank, you following new subsection: I will delete a word because it is an could put odorous, smelling materials ‘‘(1) It shall be unlawful for any person to obscenity. in the bag. It would blow up the bag. teach or demonstrate the making of explo- powerful that they can destroy a CAR. The But you can put anything in it, and it sive materials, or to distribute by any means explosion can actually twist and mangle the information pertaining to, in whole or in blows it up. frame. They are extremely deadly and can part, the manufacture of explosive mate- We said in the language we passed very easily kill you and blow the side of a rials, if the person intends or knows, that that it shall be unlawful for any person house out if you mess up while building it. such explosive materials or information will to teach or demonstrate the making of Here is how they work. be used for, or in furtherance of, an activity explosive materials, or to distribute by that constitutes a Federal criminal offense This is on the Internet now. It says: any means information pertaining to, or a criminal purpose affecting interstate Go to Sports Authority or Herman’s Sport in whole or in part, the manufacture of commerce.’’. Shop and buy shotgun shells. It is by the explosive materials if the person in- (b) Section 844 of title 18, United States hunting section. At the Sports Authority tends or knows that such explosive ma- Code, is amended by designating subsection that I go to you can actually buy shotgun terial, or information will be used for, (a) as subsection (a)(1) and by adding the fol- shells without a parent or an adult. They lowing new subsection: don’t keep it behind the glass counter, or or in the furtherance of, activity that ‘‘(a)(2) Any person who violates subsection anything like that. It is $2.96 for 25 shells. constitutes a Federal criminal offense, (1) of section 842 of this chapter shall be And then it says: or a criminal purpose affecting inter- fined under this title or imprisoned not more state commerce. And the House took it than twenty years, or both.’’. Now for the hard part. You must cut open the plastic housing of the bullet to get to the out. The House removed it. The PRESIDING OFFICER. Who sweet nectar that is the gun powder. The I want to say to all of you who are yields time? place where you can cut is CRUCIAL. It going to probably vote down my put- Mr. BIDEN. Mr. President, I yield means a difference between it blowing up in ting this back in, I want to hear you myself such time as I may use within your face or not. explain to your folks back home when the limit of the time I have. Then there is a diagram, which is a commercial is run on your television This provision is very straight- shown as to how to do that on the station that Senator Jones or Senator forward and simple. It is beyond me Internet. Then it says: whoever voted against prohibiting on why it was taken out of the Senate You must not make the cut directly where the Internet explicit directions how to version of the language that was sent the gun powder is, or it will explode. You cut make a bomb knowing that the person to the House. it where the pellets are. intends to use it. I want to hear your

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3449 explanation of that. I want to be there day is the day where we commemorate person is about to do something wrong when you explain that one. this awful tragedy. Frankly, we have regardless of whether you know what Let me read the statute again. It gone through every detail in this bill, the crime is, what they are going to do says: It shall be unlawful for a person and we have not been able to get it ex- with it. Obviously, if a 14-year-old kid to teach or demonstrate, et cetera, if actly to Senator BIDEN’s desire, or even comes to you and says, ‘‘By the way, I the person intends or knows that such mine, but this is it. This is the bill. want to learn how to make a baby-food explosive material or information will And anything short of this is going to bomb that has the ability to blow up, be used for, or in the furtherance of, amount to losing the bill. has the power, like advertised here, activity that constitutes a Federal Like I said, I do not entirely disagree that can bend the frame of a car,’’ you crime. ‘‘Knows or intends’’ is a pretty a with Senator BIDEN’s position. How- are telling me that you have to be able high standard falling, in my view, and ever, there are many who have raised to prove conspiracy. If the guy says, ‘‘I in the view of constitutional scholars, first amendment and intellectual prop- am happy to show you how to make well within our first amendment privi- erty concerns about this provision. that, just like I can show you how to leges. I just think this is crazy. They are legitimate concerns. As the make a rocket in the field for a science Let me go on just a few more mo- chairman of the Judiciary Committee, class,’’ there is no distinction. And ments, and then I will stop. The provi- which handles all of the patents, copy- under this law, there is no conspiracy. sion is pretty straightforward. If you rights, and trademark issues, I can say You vote against this, and it means are one of the guys who has made a they are legitimate. So, consequently, someone can show a kid how to do that name for himself by bringing manifes- we have included a study in the bill to and not have to wonder why this kid is toes like ‘‘The Terrorist Handbook’’ or ensure that we can criminalize efforts asking me how to make a powerful ‘‘How to Kill With Joy,’’ which lit- to distribute bombmaking materials bomb that can bend the frame of a car. erally are on the Internet, and if some- without impinging upon constitutional You cannot prove conspiracy. But it one comes to you and says, ‘‘Tomorrow freedoms. Besides, there is little doubt should be wrong. It should be wrong. morning a group of police officers are that anyone who knowingly transmits And how any of you can vote here and going to be meeting at the Fifth Street information to use explosives to com- say that is not wrong is beyond me. precinct, and I want to blow them up,’’ mit a felony is already subject to Fed- I think it is about time we make and if you say to them, ‘‘Here, let me eral law; 18 U.S.C. 844(h) does that. some of those people hiding over in the tell you how to make a bomb,’’ argu- So, frankly, I would like to accom- House side stand up. Make them stand ably at that point the police can get modate the distinguished Senator from up. you on a conspiracy charge. That is Delaware, but we tried to and we have I want to be there when some punk possible. That is possible. But if you been unable to accommodate him. on the New York subway decides he wants a baby food bomb just for the just know what they are about, you see Frankly, I contend that any return to kicks of it, just to see what it is like, them all out there in a car, you look the conference will kill this bill. and sets it off. You mean to tell me down and see that they have this plan, I am prepared to yield. I apologize for when we find the guy who taught him and you go ahead and tell them how to not being able to do more. But we how to do it, we should say, ‘‘No prob- make a bomb, it is not a violation of think we have brought this bill back to lem; you didn’t do anything wrong. It’s the law to teach them how to make the a very, very strong level, and we have OK; no problem.’’ I think we should bomb. Is not that incredible? had a lot of cooperation with Members throw the sucker in jail. Last June, all of us in this body of the House in doing so and the leader- I cannot understand how you all can agreed to this. I hope we will agree to ship on the Judiciary Committee—both vote against this. I understand the ra- it again because let me tell you, if this Democrats and Republicans. tionale. The rationale in part is 35 Yes, it is not a bill that any one of us will kill the bill, as I am sure my col- House Members, or 75 House Members in here thinks is totally what we want, league from Utah is going to say it or 99 House Members will turn down but I think the vast majority of us will will, I want to hear—if this is the only the whole bill because of this. I do not believe that it is a pretty darned good change in the bill—I want to see those believe for 1 second that if this single House Members stand up and say, ‘‘The bill that is going to make a real dent in provision were added to the bill, with reason I am not voting for this ter- terrorist activities in the future and all the stuff they have on habeas cor- rorist legislation is because I want to will, I think, correct some inequities of pus they want, with all the other stuff continue to allow people to teach peo- terrorist activities in the past. they say they want, they are going to So I am prepared to yield the remain- ple how to make bombs,’’ knowing that vote down this bill because now you der of my time. they are going to be used to commit a are going to be able to arrest some Mr. BIDEN. Mr. President, let me re- crime or kill someone, ‘‘And that is wacko teaching our kids how to make spond about this conspiracy. I ac- why I am voting against this bill,’’ be- bombs when you know they are going knowledge that, if, in fact, there is an cause it now contains a provision that to use them. I cannot believe that. I agreement with the bombmaker, the prohibits that, I think maybe this is think we are being cowardly in our bomb teacher, and the bomb user, and time to face down some of those people willingness to confront whoever the over there. Let them stand up and tell they could prove that, then they can cowards are over there who will not all of our colleagues around the Na- get the bomb teacher as part of this allow us to protect ourselves. This is tion, and tell the parents around the conspiracy. That is not how this hap- crazy. Nation, that that is the reason they are pens. The way it happens is someone I yield the floor. I yield back my voting against the terrorism bill. walks in telling me—and looking like time. I am ready to vote. I retain the remainder of my time they are something out of a movie— The PRESIDING OFFICER (Mr. and yield the floor. telling me, and I do not know them, INHOFE). The Senator’s time has ex- Mr. HATCH. Mr. President, I will that they want to learn how to make a pired. only take a couple of minutes, and fertilizer bomb. ‘‘I want to learn how Mr. BIDEN. That is a good reason to then I am prepared to yield back the to make a bomb out of baby food, a do it. remainder of my time. baby-food bomb, or a light-bulb Mr. HATCH. Mr. President, I hear the The constitution of conspiracy to use bomb’’—that is all they tell me, and I Senator. I do really think, though, we an explosive to commit a felony is al- do not know them from Adam. I sit ought to consider winding this up. Per- ready provided for in precedent law, 18 down and tell them how to make the sonally, I think there comes a time U.S.C. 844(h). Thus, anyone who trains bomb. The ability to prove that there when enough is enough on these mo- a terrorist to make a bomb as part of was a conspiracy to commit a crime re- tions to recommit because what we are such a conspiracy would certainly be quires that there be an ability to be an trying to do is to get this bill through. prosecuted under current law. agreement between the two of us about Frankly, we have people in the House I want to make it clear that I do not the crime that was about to be com- on both extremes, both the far left and entirely disagree with Senator BIDEN’s mitted. far right, who disagree on some of position. However, we have been facing I am saying it should be a national these things. I do not think it is unrea- down this problem for a year now. Fri- crime if you intend, or you know the sonable to request a study so that we

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3450 CONGRESSIONAL RECORD — SENATE April 17, 1996 look at this matter, consider the first Kassebaum Murkowski Smith work pursuant to the latest deadlines Kempthorne Nickles Snowe amendment implications and other im- Kyl Pressler Stevens outlined in this resolution. plications and do it right, although I Lott Roth Thomas It is the further understanding on have some sympathy with what the Lugar Santorum Thompson this side that the report of the special Senator said. McCain Shelby Thurmond committee, required to be submitted to McConnell Simpson Warner I am prepared to yield back the re- the Senate pursuant to Senate Resolu- mainder of my time, and I move to NAYS—48 tion 120, will be submitted no later table. Akaka Feinstein Lieberman than the close of business on June 17, Mr. BIDEN. Mr. President, I yield Baucus Ford Mikulski 1996. Biden Glenn Moseley-Braun myself 20 seconds on the bill. Bingaman Graham Moynihan It is also our understanding that the The PRESIDING OFFICER. The Sen- Boxer Harkin Murray majority leader does not believe any ator has that right. Bradley Heflin Nunn amendments, motions, or resolutions Breaux Hollings Pell Mr. BIDEN. Mr. President, no one Bryan Inouye Pryor will be offered in the Senate regarding asked for a study on pornography. No Bumpers Johnston Reid further extensions of the operations of one asked for that. I did not hear any- Byrd Kennedy Robb the special committee beyond June 17, body stand up here and say, ‘‘Let’s Conrad Kerrey Rockefeller 1996. Daschle Kerry Sarbanes have a study on pornography. I wish to Dodd Kohl Simon Mr. President, I ask the distin- stop pornography on the Internet.’’ I Dorgan Lautenberg Specter guished majority leader whether I have did not hear anybody say, ‘‘Let’s not do Exon Leahy Wellstone correctly stated the situation as he Feingold it. Let’s have a study.’’ When it comes Levin Wyden now sees it? to a bomb, teaching our kids how to NOT VOTING—1 Mr. DOLE. The Senator has correctly make bombs, we want to study it. Mack stated the understandings on both Mr. HATCH. Mr. President, like I So the motion to lay on the table the sides of the aisle as I see it at this say, I am sympathetic to what the Sen- motion to recommit was agreed to. time. ator is trying to do. He knows that. Mr. DOLE addressed the Chair. Mr. President, I ask unanimous con- But he also knows that we have gone The PRESIDING OFFICER. The ma- sent that the resolution be agreed to through this and we have come up with jority leader is recognized. and the motion to reconsider be laid this bill after a year of intensive bat- upon the table. tling, fighting. And it is not just the f The PRESIDING OFFICER. Without conservatives that were there; it is the CLOTURE VOTE VITIATED— objection, it is so ordered. far left. SENATE RESOLUTION 227 So the resolution (S. Res. 246) was agreed to, as follows: We have worked hard on this, and Mr. DOLE. Mr. President, I ask unan- this is the bill we could come up with. imous consent that the cloture vote S. RES. 246 Do we want to do something about ter- with respect to the Special Committee SECTION 1. FUNDS FOR SALARIES AND EX- rorism or do we want to kill the bill? PENSES OF SPECIAL COMMITTEE. to Investigate Whitewater be vitiated. There shall be made available from the That is what it comes down to. Frank- The PRESIDING OFFICER (Mr. ly, it is not just any one of these contingent fund of the Senate out of the Ac- SMITH). Without objection, it is so or- things. It could be any one of these count for Expenses for Inquiries and Inves- dered. tigations, for use not later than June 17, things. We have worked it out. It is a f 1996, by the Special Committee to Inves- good bill, and it will make a difference. tigate Whitewater Development Corporation It will start fighting terrorism right WHITEWATER DEVELOPMENT and Related Matters (hereafter in this Reso- now. In the end, it seems to me if we CORP. AND RELATED MATTERS lution referred to as the ‘‘special com- can ever get to a final vote on this, we mittee’’), established by Senate Resolution will have something of which virtually Mr. DOLE. Mr. President, I send a 120, 104th Congress, agreed to May 17, 1995 (as everybody who thinks about it will be resolution to the desk, and I ask unani- amended by Senate Resolution 153, 104th proud. mous consent that the Senate turn to Congress, agreed to July 17, 1995) to carry its immediate consideration. out the investigation, study, and hearings So I move to table the motion on be- The PRESIDING OFFICER. Without authorized by that Senate Resolution— half of Senator DOLE and myself and objection, it is so ordered. (1) a sum equal to not more than $450,000. ask for the yeas and nays. The clerk will report. (A) for payment of salaries and other ex- The PRESIDING OFFICER. Is there a penses of the special committee; and The legislative clerk read as follows: sufficient second? (B) not more than $350,000 of which may be There is a sufficient second. A resolution (S. Res. 246) to authorize the used by the special committee for the pro- The yeas and nays were ordered. use of additional funds for salaries and ex- curement of the services of individual con- penses of the Special Committee to Inves- sultants or organizations thereof; and The PRESIDING OFFICER. The tigate Whitewater Development Corporation (2) such additional sums as may be nec- question now occurs on agreeing to the and related matters, and for other purposes. essary for agency contributions related to motion to table the motion to recom- The Senate proceeded to consider the the compensation of employees of the special mit. The yeas and nays have been or- resolution. committee. dered. The clerk will call the roll. Mr. DASCHLE. Mr. President, the SEC. 2. TERMINATION OF THE SPECIAL COM- The legislative clerk called the roll. Senate is about to reauthorize the spe- MITTEE. Mr. LOTT. I announce that the Sen- (a) HEARINGS.—Not later than June 14, 1996, cial committee’s operations for a spe- the special committee shall complete the in- ator from Florida [Mr. MACK] is nec- cific, limited period. essarily absent. vestigation, study, and hearings authorized It is my understanding, and that of by Senate Resolution 120, 104th Congress, The PRESIDING OFFICER. Are there all my colleagues on this side of the agreed to May 17, 1995 (as amended by Senate any other Senators in the Chamber aisle, that the special committee will Resolution 153, 104th Congress, agreed to who desire to vote? conclude its hearing schedule no later July 17, 1995). The result was announced—yeas 51, than June 14, 1996, and further, that no (b) REPORT.—Not later than June 17, 1996, nays 48, as follows: other committee of the Senate intends the special committee shall submit to the [Rollcall Vote No. 67 Leg.] Senate the final public reported required by to hold hearings on Whitewater-related section 9(b) of Senate Resolution 120, 104th YEAS—51 matters thereafter. I have also dis- Congress, agreed to May 17, 1995 (as amended Abraham Cohen Gramm cussed with the majority leader and by Senate Resolution 153, 104th Congress, Ashcroft Coverdell Grams will commit to him that it is not the agreed to July 17, 1995) on the results of the Bennett Craig Grassley investigation, study, and hearings conducted Bond D’Amato Gregg intention of Members on this side of Brown DeWine Hatch the aisle to object to the special com- pursuant to that Resolution. Burns Dole Hatfield mittee meeting under the provisions of Mr. DOLE. Mr. President, I under- Campbell Domenici Helms rule XXVI nor to obstruct the special stand Senator D’AMATO and Senator Chafee Faircloth Hutchison Coats Frist Inhofe committee’s progress, thereby pre- SARBANES may want to speak briefly. Cochran Gorton Jeffords venting them from completing their Mr. D’AMATO addressed the Chair.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3451 The PRESIDING OFFICER. The Sen- all of those people that we wish to get able to move ahead expeditiously with ator from New York. evidence from, testimony from, to be our work. It is the intention of the mi- Mr. D’AMATO. Mr. President, let me as cooperative and to use the good of- nority to seek to work in a construc- just take several moments to thank fices of my colleagues on the Demo- tive way with the majority to carry the distinguished leaders, the majority cratic side to accomplish this goal. out these hearings in a responsible leader and the minority leader, and a So I want to commend both leaders. manner, not really to explore allega- number of my colleagues on the Bank- I want to thank Senator SARBANES, tions, not to make allegations, but to ing Committee on both sides of the Senator DODD, the other members, the carry out the kind of hearings for aisle for helping us arrive at an agree- Republican members, of the committee which the Senate can take some meas- ment that will permit the business of for being patient, for being thoughtful, ure of comfort that it has been done ac- the Senate to be conducted in an or- and doing a very difficult process. I be- cording to appropriate standards. Mr. derly, thoughtful, thorough fashion so lieve that the agreement that we have President, I yield the floor. that we can complete the work of the hammered out is in the best interest of Mr. DODD addressed the Chair. Whitewater Committee in a timely the Senate and, more importantly, the The PRESIDING OFFICER. The Sen- manner, recognizing that we are fast people of the United States. I yield the ator from Connecticut. approaching—we are already in—the floor. Mr. DODD. Mr. President, I want to political season, but that season be- Mr. SARBANES addressed the Chair. join my colleague from Maryland in comes even more and more political as The PRESIDING OFFICER. The Sen- thanking our colleague from New the days and weeks move ahead. ator from Maryland is recognized. York, the chairman of the committee, It is my hope that working together, Mr. SARBANES. Mr. President, let and others for putting this together. I as we have in most of our undertakings me say that the resolution which has want to commend as well my colleague on the Banking Committee and on the just been passed represents a great deal from Maryland, who has done a very special Whitewater Committee, we can of effort over a considerable period of fine job in helping to fashion this reso- handle the matters that come before time and obviously encompassed ac- lution. I join with him and the chair- us, even those that may be somewhat commodations and adjustments on man of the committee and others in contentious, in a bipartisan manner. both sides and from many parties. I be- hoping that we will be able now over Ours was to get the facts. Ours is to lieve the resolution provides us now the next several weeks to conduct a report back to the Senate of the United with the framework for the completion thorough and complete and fair inves- States as best we can. Ours is not to of the work of the special committee tigation. prejudge. Ours is not to preclude. But on Whitewater. The resolution requires I will say, Mr. President, there are ours is to be the searcher of facts, the submission of the special commit- many people, of course, on this side of again, given the limitations that exist. tee’s final public report by the 17th of the aisle who, frankly, in fact, may It does not pay for us to go into what June, and provides a budget to carry have voted, if there were a recorded the limitations are. I must say that forward this work which we believe is vote, may have voted even against that there are those areas beyond the abil- adequate for the task. It provides for resolution, who felt that we should ity of the Senate and its investigation the hearings to end by the 14th of June. have wrapped this up and it is over to control or to deal with as it relates I must say, I hope, as the chairman with. So there is no recorded vote on to time, availability of witnesses, et has stated, that we are able to conduct this, and apparently there will be none. cetera. through this period of time fair and So there will be no actual recording, So, recognizing those, we may never thorough and objective hearings. but Members can obviously speak for be able to satisfactorily complete the The chairman is right, an effort has themselves. I would have voted for this job of getting all of the facts or deter- been made to do that in the past, I resolution if there was a recorded vote. mining all of them, recognizing the think with a fair amount of success, al- I want my colleagues to know that. limitations that we have. But I think if though as he observed we have had on It would not be any great surprise to we do the best we possibly can, if we occasion perhaps strayed off that path my colleague from New York if I say to work together in the spirit of people somewhat. I hope we do not, as we him, Mr. President, that I would do so who are willing to understand each move forward now from today into the with great reluctance because I, frank- other’s problems, the limitations that middle of June. ly, would have liked to wrap this up we do have on us, ours will be an im- Many people contributed to making earlier. So I read this and see this as a portant task, it will not be an easy this possible. I want to recognize the determination now to conclude our task, but it will be one that we can at- contributions of the colleagues on my work by the 14th of June, with a couple tempt to fulfill and meet the mandates side, Senators DODD and BRYAN and extra days to get our report done. That of the Senate and, indeed, of the Con- BOXER and MURRAY and MOSELEY- is our goal and our determination. Cer- stitution and, more importantly, of our BRAUN and KERRY and SIMON and, of tainly our colleague from New York people. We are going to be thorough, course, the chairman and his col- has made it clear to us that that is his comprehensive, but yet fair. leagues who have worked on this. And, intent as well. We respect that and Let me conclude by saying that I of course, the two leaders have been in- take that. The distinguished majority hope that we can finish by the 14th of volved to some extent in order to bring leader has indicated that as well. June. That is the time which we have this matter to this point. So we have a lot of work, I know, to spelled out. I believe that reasonably, The committee back in January, pur- do in the coming weeks. But we are if we see that there are matters that suant to the previous resolution, was confident we can do it and bring this to are yet to be addressed that are impor- required to report to the Senate about a conclusion. It has been a long proc- tant, that are substantial, that we can whether additional time was needed. ess, Mr. President. I think, as someone come to an accommodation to deal At the time, there was a difference of pointed out, it may be the longest set with that. It is my hope, though, that opinion about that. The majority said of hearings in the history of the Con- we will be able to deal with this, con- additional time was needed; the minor- gress on a particular matter like this. clude the public hearings by the 14th of ity felt not. We had a sharp difference Someone may challenge that, but cer- June, and thereafter have our report about that. The minority leader made tainly in modern Senate history, I within the 3 days that we have pro- a proposition for an extension. The ma- think, the longest record, the longest vided. jority, of course, had a resolution be- set of hearings, at great cost. I am not I believe this is the best manner in fore us for an unlimited extension. speaking now exclusively of our work which to proceed, less in the way of This, of course, is not an unlimited ex- here, but the overall investigation. So contention. I certainly hope—as my tension, and I think it is very impor- the American public, I think, wants us colleagues have, my Democratic col- tant to recognize that. to complete our work on this. leagues have helped and assisted in ar- I simply close by saying that I hope Also, I point out that because this is riving at this agreement—that they in the weeks to come, now as we ap- a special committee but made up pri- will work with us. We pledge to work proach the 17th of June for the submis- marily of members of the Banking with them to get all of those concerns, sion of the final report, that we will be Committee—of course, the chairman is

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3452 CONGRESSIONAL RECORD — SENATE April 17, 1996 the chairman of the Banking Com- has the world at his fingertips, and yet who are convicted felons, I hope my mittee as well—there is a great deal of we have to call up the same felons, the colleagues on the other side of the aisle work we have to do on the Banking same felons that are spewing forth will not be surprised if I get a little Committee before this Congress ends. things against our President, we are tough in my questions. I thank the Our colleague from California has a going to bring them into the hallowed Senator. number of issues that she is interested Halls of the Senate of the United The PRESIDING OFFICER. The Sen- in. Senator MURRAY, from the State of States. ator from New Mexico. Washington, has mentioned several People are smart. The American peo- Mr. BINGAMAN. Mr. President, I will issues she is interested in, along with ple get it. This Congress has a bad rep- not delay the Senate. I know that our colleague from Maryland and oth- utation among the people. They do not Members would like to get back to the ers. think this Congress is doing its job. No Terrorism Prevention Act. So our sincere hope is that not only wonder. No wonder. So there are a lot I would like the record to reflect that will we get this done, I say to our col- of accolades about how great it is that I did vote against the establishment of leagues—I know many are asking the we reached an agreement on this. I say, the special committee to investigate question: Are you really going to get good, I am glad, because the alter- Whitewater. I think it was not a proper your work done? I am saying here we native was having this in the Banking function for the Senate this election are going to have this done on June 14, Committee where we would get nothing year. I certainly would like the RECORD a report several days afterward, and else done, and waste the time of the to reflect had there been a rollcall vote our Banking Committee is also going Banking Committee. on this resolution extending the juris- to get its work done on other issues I have a situation in California where diction of that special committee, I that have been raised as well that we have a great industry which is the would also vote against this. should be addressed. leader in CD’s and laser disks. We are I yield the floor. With that, Mr. President, I commend losing billions of dollars a year because Mr. PRYOR. Mr. President, I thank my colleague from New York, my col- of China piracy. What are we doing the Chair for recognizing me. I will league from Maryland, our ranking about it in the Banking Committee? speak only a very few moments. I know member, for bringing this to a final Zero—no time. No time. I was encour- we want to get on with the business of conclusion. We will have our work done aged when our chairman said that he the Senate. by June 14. agreed with me on this issue, and, yes, I want to first commend my col- Mrs. BOXER. Mr. President, I am not he will get that done. Well, that is league, Senator SARBANES, the ranking going to belabor the points that were good. I do not know how we will do it member of the committee, and I want made except to add my thanks to my all, but my view has always been as to commend the chairman of the com- ranking member, Senator SARBANES, long as there are allegations made on mittee for ultimately working out an and my chairman, Senator D’AMATO, this floor that they have not unturned agreement. Maybe this can be a solu- for working this out with the able as- every stone, that I would vote to con- tion by which we might proceed in an sistance of many people, particularly tinue this, because the last thing I orderly way to end the quest to find Senator DODD. want is for people to think we are not facts, information, and to educate our- I have always taken the position as willing to look. selves on the so-called issue of White- long as there are Senators on the floor Yes, I would have voted for this, but water. making it sound like there are issues I have to say I hope we are better in Mr. President, if we had brought this that are being covered up or not looked this phase than we have been before, issue to a vote, like my friend from at, it was very important for us to con- because there were days when we were New Mexico, I probably would have tinue, because frankly, I think we have supposed to have hearings and no one voted ‘‘no’’. I probably would have had a sufficient amount of time. We showed up. I am here, and I know there voted ‘‘no’’ on this resolution, Mr. have had more days of hearings than is a lot of comity on the floor today President, simply because I think that the O.J. Simpson trial. The fact is, this and everybody is thrilled. I am not so there are enough forces out there occu- has gone on endlessly. thrilled. Yes, I will vote for it, but I pying the time and resources of our The people in California, and I can- think it is a waste of time. It is polit- Government and our judicial system to not speak for the people of Connecticut ical. Everyone in the country knows it amply comply with the intent of this or the people from Maryland or the is political. They are smart. They overall investigation. people from New York, but I can say know the special prosecutor is out These hearings have already gone, those who came to see me in this 2- there, and they see Members of the Mr. President, as my friend from Cali- week break, not one said, ‘‘Senator, Senate act like prosecutors and staff fornia has stated, longer than the O.J. the one thing I want you to do when sitting there like that is their job. If Simpson trial. Longer, I think, in you go back is hold more hearings on they want to be prosecutors, God bless many instances that the Iran-Contra Whitewater.’’ Not one person. No Re- them, be prosecutors. Do not be a U.S. trial. These were national issues of publican came up and told me that. Senator, and do not come to work for great importance. This is an issue of They never even mentioned it. They U.S. Senators, because we have other some importance, but it is of impor- did say, ‘‘Go back and get the job done. things to do. tance only because it affects what we Balance the budget. Pass a budget. Do What we have to do is make life bet- know as a Whitewater issue. It relates not cut Medicare. Take care of edu- ter for the people. It is embarrassing. to a matter that took place 12 or 15 cation. Go after the situation in our It is embarrassing to me that I sit on years ago in the State of Arkansas. exports where we have problems with one of the best committees in the U.S. How important is it as it relates to the nations who are not treating us fairly.’’ Senate, and this is what we are going other issues that we have to defend and I sit on the Banking Committee and to be doing. I am glad we have an end debate and concern ourselves with at we have that jurisdiction. We have not date of June. We can wrap it up and do this time? That is the question. done a thing about the issues that will our work. I just hope we get back to I do not feel that the Senate, nor this make life better for the people of this the business of making life better for committee, should further utilize the country. It is Whitewater, Whitewater, the people of our great Nation, because resources of our Government to con- Whitewater. What do the people think they deserve our attention. There is tinue bringing witnesses up here from of it? I tell you what they think of it, economic insecurity out there. There the State of Arkansas, week after they think it is a waste of time. They are things we can do in the Banking week, day after day, and month after think it is a waste of time. We have a Committee to get to those issues. I month, simply because it is a politi- special counsel who has no limit on stand ready to work in a bipartisan cally motivated endeavor. Mr. Presi- what he can spend going after the way to get to those issues and to move dent, that is what it is. It is a politi- truth on Whitewater. There is no stat- these hearings along. cally motivated endeavor. ute of limitations. We had little discus- I also have to say just because I am Yesterday, the distinguished chair- sion about that earlier in relation to straight from the shoulder about this, man of the Banking Committee or the another bill. This special prosecutor that when we have witnesses up there Whitewater Committee, if you might

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3453 call it that, issued a press release in pended and agents expended to deal cial obligation he owes to the American peo- which he basically said if he did not get with the World Trade Center bombing ple. He and his ethics adviser, Sam Dash, his way, if he did not have his way and of 2 or 3 years ago. keep pointing out that most of the 16 other people appointed under the independent if the Senate did not allow the White- That is unbelievably outrageous. In counsel law have continued to work on pri- water committee to continue—then he fact, some $11 million to $12 million of vate cases. They conveniently ignore the would use the Banking Committee to FBI resources have been expended just fact that Mr. Starr is one of only two such usurp the powers of the Whitewater on Whitewater—$11 million to $12 mil- counsels to be given the task of inves- Committee. He was then going to seek lion of FBI personnel, including 41 tigating a sitting President. the authority to have the opportunity agents and 81 support personnel of the ‘‘The independent counsel was never ex- to investigate and to subpoena all fi- pected to become a full-time employee of the Federal Bureau of Investigation are Government and leave his or her law firm,’’ nancial records of every financial insti- looking at Whitewater events that hap- Mr. Starr told the Federal Bar Association tution in the State of Arkansas. from pened 10, 12, 15 years ago. in a haughty speech last week. That could be January 1978 until January 20, 1993, Mr. President, it is time, as other because never before has a lawyer assigned when Governor Clinton became Presi- speakers have said, to really get our to investigate high government officials dent Clinton. priorities right. I am hopeful that this maintained such a conspicuously fast-paced Mr. President, had that occurred— committee will continue, will move ex- and politically freighted private practice and I am glad it did not—and had the while assuming a major national responsi- peditiously, will come to a conclusion, bility. Banking Committee singled out one write its report, throw that report at The cumulative weight of Mr. Starr’s con- State, I was going to attempt to amend the Congress, and then let us let the flicts have become so heavy that Mr. Dash, that resolution, if it was in the form of people decide what we should do about the top lawyer for the old Senate Watergate a resolution, and say, wait a minute, it. committee, who is paid $3,200 a week to ad- let us not just apply this to one State, Finally, I want to say that this vise Mr. Starr, defends only the formal legal- ity of Mr. Starr’s lucrative moonlighting. Arkansas. Do not let this be the first morning in the New York Times, fi- time that a committee of the U.S. Sen- The law allows the court-appointed pros- nally—finally—under an editorial enti- ecutor to have an outside law practice, but ate has declared war on one of the tled ‘‘Replacing Kenneth Starr,’’ who is Mr. Dash told Jane Mayer of The New York- States in this Union. Let us make it basically the special counsel—or what I er that he would prefer that Mr. Starr serve apply to New York, to all the banks call the ‘‘special prosecutor’’ in the full time. What the independent counsel is and all the banking institutions, to Whitewater matter down in Little doing is proper, Mr. Dash argued later, but reasonable people may believe ‘‘there’s an Wall Street, and to the stock exchange. Rock. The New York Times has asked That has not been the prettiest picture odor.’’ for Mr. Starr to be replaced. Why have Mr. Dash is right about the odor, but for the last 15 to 18 years. Let us inves- they asked for Mr. Starr to be replaced, wrong about the propriety. The independent tigate them. Let us extend this author- Mr. President? Well, it is very simple. counsel law was enacted so the public could ity there and see how far that resolu- It is because Mr. Starr has conflicts of be assured that the President would not tion would have gotten. interest, which are precluding him sway Justice Department officials who work Well, Mr. President, of course, I am from presenting a fair image of inves- for him. But if the counsel refuses to divest using a little bit of exaggeration. But I himself of his own political and financial tigation and of factfinding in the baggage, he erases the gain in public con- want to state that, for 15 years, had the Whitewater matter. Here is the man Banking Committee had that authority fidence that his appointment is expected to who is charged with prosecuting and solidify. to subpoena any and all records and investigating this issue. But here also This page has steadily advocated the con- any and all documents from all finan- is the man who has the burden of bear- tinuation of the Whitewater investigation in cial institutions in our State, it would ing these conflicts of interest. The New the belief that the public has the right to have been a matter, I think, of egre- York Times points out this morning in know the full facts about the Clinton’s busi- gious overreach of this body and, cer- ness dealings and related matters. But at the its editorial ‘‘Replacing Kenneth very outset, we asked Mr. Starr to step aside tainly, of the U.S. Government. Starr,’’ that he is making speeches all Mr. President, further, I would like because his entanglement with conservative over the country, representing con- judges cast a shadow over his objectivity. to state that—and I hope the Chair will troversial clients before the U.S. Su- When that did not happen, we urged him to pay close attention to this, as the dis- preme Court, representing, perhaps, take a leave from his law firm and appoint a tinguished Senator always does—we the national Republican Party, and deputy to oversee areas of the investigation have recently asked the Federal Bu- other groups that have direct conflicts where he had a clear conflict of interest. reau of Investigation to do a little But the number of those conflicts—involv- of interest with the fair-mindedness ing big tobacco, conservative foundations, workup of the amount of resources that this hearing and process has to that it has committed to the White- the Resolution Trust Corporation, the Inter- portray. national Paper Company—has grown so water issue. I was astounded and Mr. President, I ask unanimous con- great that voters are bound to be confused shocked when I found out what the five sent that this editorial, ‘‘Replacing about the integrity of Mr. Starr’s decision on major ongoing investigations by the Kenneth Starr,’’ appearing this morn- whether to prosecute the Clintons and their close associates. Federal Bureau of Investigation are ing in the New York Times, be printed right now. One is Oklahoma City, There was a time when Mr. Starr could in the RECORD. which takes priority. That is where have ameliorated such doubt with openness There being no objection, the article and a sensitivity to his obligation to the most of the resources have been ex- was ordered to be printed in the American people. That time is past. He needs pended. No. 2, the Unabomber. Well, it RECORD, as follows: to honor the work of his staff and the invest- has paid off because we may have ment of the taxpayers by stepping down. [From the New York Times, Apr. 17, 1996] caught the Unabomber. That is a lot of Mr. PRYOR. Mr. President, also, let REPLACING KENNETH STARR resources, and that is a proper use of me state that in this New Yorker mag- the FBI. The third is another bank With a Presidential election only six azine, dated April 22, I believe—I do not scandal. I can supply what State that months away, the public needs to have con- fidence in the fairness, good judgment and have my glasses with me—there is a is in for the RECORD. Evidently, a lot of unselfish civic purpose of the independent splendid article entitled ‘‘How Inde- FBI resources are being allocated to counsel on Whitewater. It is also important pendent Is the Counsel,’’ once again, that particular bank scandal. But the that the months of work by a large, expen- talking about the conflicts, talking fourth in priority of all the investiga- sive staff not be squandered. After listening about the image that this man who is tions where the FBI is allocating its to Kenneth Starr’s narrow, legalistic reasons burdened with these conflicts presents major resources is—you guessed it— for his continued representation of wealthy, as he is attempting to portray that he Whitewater. It even surpasses the com- politically active clients while serving as is fair-minded, objective, and impartial mitment that we have made to the independent counsel, we have concluded that in finding all the facts. World Trade Center bombing by terror- Mr. Starr is not the person to deliver on those two goals. It is time for him to step It is time, Mr. President, that, once ists some 2 or 3 years ago. Whitewater aside and let the investigation go forward again, we sort of set this ship straight, has surpassed the use of FBI personnel under a replacement from the senior staff. if I might say that. It is time that we and financial resources, and we have Mr. Starr seems defiantly blind to his ap- move forward with a fair determina- gone above and beyond those funds ex- pearance problems and indifferent to the spe- tion of the facts and finding of the

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3454 CONGRESSIONAL RECORD — SENATE April 17, 1996 facts. I hope the committee will pro- (1) in paragraph (c)— You all just voted to keep that ceed expeditiously. But had I had the (A) by inserting before ‘‘or section 1992 (re- legal—to keep that legal—because of opportunity to vote, if it were a matter lating to wrecking trains)’’ the following: the fear, apparently, or concern that ‘‘section 2332 (relating to terrorist acts before this body that required a yes or abroad), section 2332a (relating to weapons of we would not be able to convince 35 re- no vote, I would have voted ‘‘no.’’ mass destruction, section 2332b (relating to calcitrant House Members to make Mr. HATCH. What is the regular acts of terrorism transcending national that illegal. That is what you did. That order, Mr. President? boundaries), section 2339A (relating to pro- is what you did. The PRESIDING OFFICER. The con- viding material support to terrorists), sec- I ask unanimous consent that this be ference report on S. 735 is the order of tion 37 (relating to violence at international printed in the RECORD along with the business. airports),’’; and baby food bomb by Warmaster, also Mr. HATCH. Soon we will proceed on (B) by inserting after ‘‘section 175 (relating taken off the Internet. that. But while we are waiting for Sen- to biological weapons),’’ the following: ‘‘or a felony violation under section 1028 (relating For all of you who are concerned ator BIDEN to come, I want to say that to production of false identification docu- about the pornography on the Internet, I have sat on the Whitewater com- mentation), sections 1541, 1542, 1543, 1544, and as I am, how do you explain banning mittee. I have to say I think it has 1546 (relating to passport and visa of- that, which we should, and not this? been conducted very fairly. Senator fenses),’’; (2) by striking ‘‘and’’ at the end of Pornography deforms the mind. These D’AMATO has bent over backward to do paragraph (o), as so redesignated by section bombs burn the flesh. it fairly. I know our counsel has done a 512(a)(2); I ask unanimous consent that these fair and decent job. In fact, I have (3) by redesignating paragraph (p), as so re- recipes available to our children and designated by section 512(a)(2), as paragraph never seen two better counsel than the (s); and the demented people out there in the two we have on both the minority and (4) by inserting after paragraph (o), as so public, the few that exist, be printed in majority sides on the Whitewater mat- redesignated by section 512(a)(2), the fol- the RECORD to know what we have just ter. lowing new subparagraphs: done. I also have to say that I hope it is re- ‘‘(p) any violation of section 956 or section There being no objection, the mate- solved in favor of the President and 960 of title 18, United States Code (relating rial was ordered to be printed in the First Lady. But there are a lot of to certain actions against foreign nations); RECORD, as follows: things that are very much up in the ‘‘(q) any violation of section 46502 of title 49, United States Code; and’’. ATTENTION ALL UNABOMBER WANNABES air, matters over which we have a You will first have to make a mild version great deal of concern. You cannot just The PRESIDING OFFICER. The time is 30 minutes equally divided. of thermite. Use my recipe, but substitute sweep them under the rug because it iron fillings for rust. Mix the iron with alu- has taken time. There have been obfus- Mr. BIDEN. Mr. President, I yield minum fillings in a ratio of 75% aluminum to cation, delays, and there have been de- myself such time as I may consume 25% iron. This mixture will burn violently in liberate refusals to give documents, within my allotted time. a closed space (such as an envelope). This Mr. President, before I begin on this and documents have suddenly ap- brings us to our next ingredient. Go to the amendment, I want to just tell you, post office and buy an insulated (padded) en- peared. These types of things do not or- and all of my colleagues who may be velope. You know, the type that is double dinarily happen. It has been filled with listening back in the offices, that while layered. Separate the layers and place the all kinds of incidents and occurrences the last vote was going on a colleague mild thermite in the main section, where the that literally would cause anybody to letter would go. Then place magnesium pow- of ours, Senator WENDELL FORD, came say, ‘‘What is going on here? If there is der in the outer layer. There is your bomb!! to the floor and said, ‘‘Let me show nothing wrong, why all these prob- Now to light it . . . this is the tricky part you something my staff just lems?’’ Personally, it is bothering me. and hard to explain. Just keep experi- I have to say that I am glad we are downloaded from the Internet.’’ While menting until you get something that works. The fuse is just that touch explosive I have getting this on the way to a resolution. you were all voting on whether or not to prohibit people from being able to told you about in another one of my anarchy I hope we can expedite it and do it in files. You might want to wrap it like a long a fair and proper way, and get it over teach people how to make bombs know- ing or intending they be used to violate cigarette and then place it at the top of the with one way or the other. I intend to envelope in the outer layer (on top of the the law, let me read what was do what I can to insist on doing that. powdered magnesium). When the touch ex- With that, I would like to go to the downloaded. This is roughly at 3:20 plosive is torn or even squeezed hard it will regular order, and I yield to Senator p.m. today. ignite the powdered magnesium (sort of a BIDEN. Attention all Unabomber wannabes. You flash light) and then it will burn the mild will first have to make a mild version of thermite. If the thermite didn’t blow up, it f thermite. Use my recipe but substitute iron would at least burn your enemy (it does won- TERRORISM PREVENTION ACT— filings for rust. Mix the iron with aluminum ders on human flesh!). CONFERENCE REPORT filings in a ratio of 75 percent aluminum, 25 percent iron. This mixture will burn vio- BABYFOOD BOMBS The Senate continued with the con- lently in a closed space (such as an enve- (By Warmaster) sideration of the conference report. lope). This brings us to the next ingredient. These simple, powerful bombs are not very Go to the post office and buy an insulated MOTION TO RECOMMIT well known even though all the materials (padded) envelope. You know, the type that Mr. BIDEN. Mr. President, I offer a can be easily obtained by anyone (including is double layered. Separate the layers and motion to recommit the conference re- minors). These things are so powerful that place the mild thermite in the main section they can DESTROY a car. The explosion can port with instructions to add provi- where the letter would go. Then place mag- actually twist and mangle the frame. They sions on wiretap authority for ter- nesium powder in the outer layer. There is are extremely deadly and can very easily kill rorism crimes. I send the motion to the your bomb!! you and blow the side of the house out if you desk. Now to light it. This is the tricky part, and mess up while building it. Here’s how they hard to explain. The PRESIDING OFFICER. The work. clerk will report. I am still quoting now. Go to Sports Authority or Hermans sport The legislative clerk read as follows: Just keep experimenting until you get shop and buy shotgun shells. It is by the The Senator from Delaware [Mr. BIDEN] something that works. The fuse is just that hunting section. At the Sports Authority moves to recommit the conference report on torch explosive I have told you about in an- that I go to you can actually buy shotgun the bill S. 735 to the committee of conference other one of my anarchy files. You might shells without a parent or adult. They don’t with instructions to the managers on the want to wrap it like a long cigarette, then keep it behind the little glass counter or part of the Senate to disagree to the con- place it at the top of the envelope in the anything like that. It is $2.96 for 25 shells. ference substitute recommended by the com- outer layer (on top of the powdered magne- Now for the hard part: mittee of conference and insist on inserting sium). When the torch explosive is torn, or You must cut open the plastic housing of the following: even squeezed hard, it will ignite the pow- the bullet to get to the sweet nectar that is SEC. . AUTHORIZATION FOR INTERCEPTIONS OF dered magnesium (sort of a flash light) and the gunpowder. The place where you cut it is COMMUNICATIONS IN CERTAIN TER- then it will burn the mild thermite. If the CRUCIAL. It means the difference between it RORISM RELATED OFFENSES. thermite did not blow up, it would at least blowing up in your face or not. Section 2516(1) of title 18, United States burn your enemy (it does wonders on human You must not make the cut directly where Code, is amended— flesh). the gunpowder is or it will explode. You

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3455 must cut it where the pellets are. When you way covers this. We have had several and failed or that they are unlikely to cut through it, empty the pellets out and the votes on wiretaps, and I know people succeed in any reasonable cir- white stuff (called buffer) that surrounds the are asking why am I introducing the cumstance. pellets. There is a layer of wadding that sep- other wiretap provision that was taken That necessity requirement is meant arates the gunpowder from the pellets and to ensure that wiretapping is not the that must be cut through VERY CARE- out of the Senate bill. The reason I am FULLY! Don’t use a drill! Whatever instru- is I refuse to believe that, if you all normal investigative technique, like ment you use (knife, screwdriver, etc.) you hear this enough, you will not eventu- physical surveillance or the use of in- must work very slowly and don’t make big ally decide to do the right thing on formants. These are very serious pro- movements. Friction can set it off. You now this. tections, Mr. President. I believe that have a nice supply of gunpowder. The provision that I have proposed is interposing a court between the pros- I have also tried this with Quail Shot. The not original with me. It was in the Sen- ecutor and the wiretap is a citizens’ only difference between buck and quail is ate bill that we passed. The provision best protection. that quail has very small pellets and buck would add a number—the bill we have But even before we get to the judge has big ones. It is strange but almost all shotgun shells before us, the conference report—would who makes his decision, there is a very have a different interior. Some have very add a number of terrorism-related of- painstaking, stringent process within powdery powder and some have flakes for fenses to the law. I will go into those in the Justice Department for deter- powder. Also some have plastic wadding and a minute. What I have sent to the desk, mining when to seek a court authoriza- some have cardboard. Usually the smaller if adopted, would instruct the conferees tion for a wiretap. the pellets the less gunpowder and more to add the same number of offenses First, the agent in the field, under cardboard wadding. The smaller pellet sizes that we are adding to the bill, to the the supervision of his or her supervisor, are the ones with the flakes. Also that white law, to those categories of things for must write an affidavit, a sworn affi- stuff called buffer is only used in heavy which the Government, with probable davit, that they must sign that sets buckshot and is not found in Quail and Dove shot or other bullets with small pellets. cause, can get a wiretap. It was in the out all the particular facts relating to [Contents deleted from original.] Senate bill as introduced by Senators probable cause, because even if an I would like to stress once again that this HATCH and DOLE. It was part of the ter- order is granted based on the agent, if is EXTREMELY dangerous and can very eas- rorism bill reported out of Representa- he is lying, then that information is ily kill you. I’ve done this once and it scared tive HYDE’s Judiciary Committee. Un- gone even if the judge issued the wire- the———out of me and I am never doing it fortunately, by the time the bill had tap order. again. These are very destructive. If you are made it to the House, the provision was So, on the front end, you have to stupid enough to do it, wear two or three have a sworn law enforcement officer pairs of safety glasses and thick clothes to dropped. protect you from the glass. The———can I think it is worth talking a moment swear that the information they are still hurt you from 100 feet away. The blast about how a wiretap statute works, the writing down as to why they think a is also deafening. But if you want to spread one that is in place now in the law, for crime has been committed is true. some choas, this little bomb is the way to it seems there is a lot of misunder- They are liable. An assistant U.S. at- go. standing about it these days. I am re- torney then must take that affidavit Did I mention that this is also highly ille- peating myself again to eliminate the from the FBI agent and draft an appli- gal? misunderstanding. As some people tell cation and a proposed order for the Unimportant stuff that is cool to know: it, you would think the FBI and BATF They rate shotgun shells by two numbers. court to sign. The package then must Gauge and pellet size. With gauge the small- and the local and State police are tap- be sent from the U.S. attorney in Wil- er the number the bigger the bullet (12 gauge ping our phones left and right, that mington, DE, or in Manchester, NH, is bigger than 14 or 16 gauge). The biggest I they are riding down the streets in and sent down to Washington. The U.S. know of is 10 gauge, but that is very hard to vans with electronic devices eaves- attorney cannot just walk into the find. The other number is the pellet size. The dropping into our windows and courtroom of the Federal judge or to bigger the pellet the less can fit in the bul- houses—which they have the capacity any of the judges, and say, ‘‘Judge, I let. The advantage of a big pellet is that it to do, by the way. But that is just not want a wiretap.’’ They must send it is more powerful but cover an area very the way it works. scarcely. The smaller pellets have a much down to Washington. Once the package lower velocity but there are many more pel- First and foremost, it is not an FBI is sent to Washington, the Criminal Di- lets in the shell. Here is how the system agent but a U.S. attorney, or even the vision of the Justice Department takes goes: 000 buckshot (triple 0) is the very big- Attorney General herself, who has the a look and scrutinizes the affidavit and gest. There are only 10 pellets in it but they power to authorize the wiretap. No. Ac- discusses any necessary changes or ad- are huge. Then comes 00, 0, 1, 2, 3, 4, 5, 6, 7. tually, that is not quite true. The ulti- ditions or questions they have with the Number 7 has about 200 pellets in it. It is mate authority to issue a wiretap sits U.S. attorney that is handling the case used for squirrels and small birds. Generally only with a Federal judge. The U.S. at- back in Manchester, Wilmington, or the 000, 00, 0, 1, 2, 3, and 4 have the best pow- torney has the power to petition the der. Anything higher up has this weird Salt Lake City. flakey gunpowder that doesn’t work so well. court for a wiretap, but only a judge, a Then a detailed memorandum sum- Some Other Things That Smart People Do judge who cannot be fired, whose sal- marizing the facts and legal issues and That Don’t Want To Get Killed: ary cannot be docked by any of us in addressing the application’s compli- Other things you can do with the powder Washington, who cannot be affected in ance with each statutory requirement other than use it in a babyfood jar is to use any way, only a judge may disagree is sent to the Assistant Attorney Gen- it in a smaller jar. You will get less bang out with something that the Attorney Gen- eral. All these materials are then sent of it but it is much safer. Some good jars to eral does or does not do. It is that to the Assistant Attorney General or use are very small makeup jars and those lit- judge who must determine that there is Deputy Attorney General for final re- tle TESTORS paint bottles. The paint bot- tles have thick glass and it might be more probable cause to believe that a spe- view and final authorization, and then dangerous. Another thing you can do with cific crime—not a general crime—a it is sent back to Manchester, sent the powder is wrap it up tightly in some specific crime has been—not is about back to Wilmington, sent back to Salt paper and stick a fuse in it (it is easier to to—has been committed; that specific Lake City. The U.S. attorney then pe- put the fuse in before you wrap the paper). people are committing that crime, and titions the court and then goes in and Typed by the Warmaster. that they are doing it at a specific sees a judge. The author accepts no responsibility for place. The affidavit that the U.S. attor- This is painstaking. It is time con- any misuse of information in this file. This ney takes to the court, to the judge, suming, as well it should be, for we is for information purposes only, and reading enjoyment only, and is meant to show how must also satisfy what is called the ne- want to make sure that wiretaps are at any time any lunatic with a mile long po- cessity requirement. The judge must be used in only the most serious cases. We lice record can legally make a highly power- convinced that other less intrusive in- want to make sure that they are used ful bomb with almost no equipment. The au- vestigative procedures have been tried only as a last resort when all other less thor is not advocating the use of explosives and failed—that is infiltration, that is intrusive techniques have failed, and in any way. eavesdropping in a conversation, walk- we want to make sure that the Govern- Mr. BIDEN. Mr. President, what I ing by, any other method—has to be ment is not making unwarranted intru- would like to speak to in an indirect convinced that they have been tried sions into our privacy. But we also

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3456 CONGRESSIONAL RECORD — SENATE April 17, 1996 need to make sure that law enforce- The PRESIDING OFFICER. The Sen- that are sponsoring terrorism all over ment has the tools, if they meet all ator from Utah is recognized for 15 this world. these hurdles, to catch the bad guy. minutes. These are big provisions. These are Now, this provision that I have of- Mr. HATCH. We have been doing this things that can make a difference. We fered, that we already voted on, will for a year. We are trying to pass a bill can get around these other technical- provide an important tool. Let me just here that will make a difference ities, and we can get wiretaps if we point out there is currently a very long against terrorist crimes. I can say cat- need them. But we cannot get these list of crimes for which a wiretap can egorically that there is virtually al- things without this bill. be authorized. Let me make this point ways a way to get wiretaps if the pros- Summary exclusion of alien terror- because a lot of nonlawyers or people ecution wants it, if the law enforce- ists, we have a right to do it because of who do not practice criminal law are ment people want it. To just add the this bill. These were provisions we had not aware of this as well. word terrorism, that would be effica- to fight to get back into the bill that You cannot get a wiretap, even if you cious, but it still would not stop any- we had written in the Senate, provi- do all the things I just said, unless you body—if you do not add it, it still sions that will make a difference, not turn to the Criminal Code, and you would not stop anybody from getting some technicality that is important have all these crimes listed in the the necessary wiretaps in the case of and I would like to have in, that the Criminal Code. OK. You may find a suspected terrorists. Senator from Delaware would like to crime in one section, and then you We can overdue these technicalities have in, and rightly so. I do not have have to turn to another section, sec- to the end of the doggone Congress. any problem with that. We have not tion 251, of the Criminal Code entitled, The fact is, this bill contains alien ter- been able to get those technicalities in, ‘‘Authorization for Interception of rorist removal provisions that will but there are ways around those tech- Wire, Oral or Electronic Communica- make a real difference. It contains des- nicalities today without having them tions.’’ And then you have to find there ignation of terrorist organizations that in. There are no ways around these pro- in subsection (c) the list of offenses for we do not have right now, neither of visions, none. We cannot do these which you can get a wiretap. Not every these provisions, that will make a real things without this bill. Without this crime is entitled to have a wiretap at- difference today. We have Hamas peo- bill we could not stop many major ter- tached to it. ple in this country who want to murder rorist problems in this country that So it is a two-step process. First, you our Jewish citizens, just to mention a could happen in the future. have to prove there is a crime being few. We have Abu Nidal people in this We have language in here on biologi- committed that is a violation of the country who want to murder our Jew- cal weaponry, something that is crit- Federal law. Second, you have to go ish citizens and others, do anything to ical. Every one of us is concerned about through all these procedures that I disrupt our economy. We have other that, and rightly so. We succeeded in outlined to safeguard that it is not terrorist organizations in this country. getting the House to tighten up and willingly used by the Government to We have at least 1,500 known terrorists toughen up those provisions dealing intrude on your privacy. And then, in and organizations in this country. And with the transportation and sale of that process, you have to make sure it we are standing here debating whether human biological agents. That needs to is a listed crime for which you can seek or not we should put a word into the be done. We should not wait a day a wiretap. OK. bill. longer; we should not wait an hour Now, some of those crimes for which Now, I agree I would love to put it in, longer to get that done. We have crimi- you can seek a wiretap are murder, but in this year-long set of negotia- nal alien removal procedures. When kidnaping, robbery, extortion, bribing tions and work with the other body, these criminal aliens get convicted, the public officials, witnesses, or bank offi- they did not want it put in that way. minute their sentence is over, they are cials, obstructing justice, criminal in- They are concerned that we are ex- moved. We get them out of this coun- vestigations or law enforcement, all panding wiretapping too far. It is a le- try so they cannot just waltz out of the manner of fraud and embezzlement, de- gitimate concern. jail and go and start doing further ter- stroying cars, wrecking trains. They This world is turned upside down. rorist activities. are all listed, all listed. And this list When I got here 20 years ago, the con- We have $1 billion in authorization goes on. servatives wanted the wiretapping be- money in this bill, to go to work to- The provision I am suggesting here cause they wanted to stop all crimes. morrow, if we pass this bill and as soon does only one minor thing: It would The liberals did not want it because as the President signs it, to go to work add a very serious and potentially they were concerned about civil lib- to fight against this terrorist activity. deadly terrorism offense to that list, erties. I can remember the battles we We have language in here that goes a including new offenses that are added had in the Judiciary Committee, and long way toward tagging explosives. I in this legislation. The legislation we they were heated and intense. could go on and on. I could talk for 4 or are voting on, the conference report is Today, it is the opposite. The con- 5 hours on what is in this bill and why this thing, and in here, to the credit of servatives, some conservatives, espe- it is going to make a difference against the chairman and I believe to me and cially those on the far right—and I terrorism. I have to say my colleague from others who worked on this, we add new might add, the far left liberals still do Delaware deserves his reputation as a crimes, new Federal crimes, terrorism not want wiretapping, but the far right very fine lawyer and somebody who is crimes for which the Federal Govern- conservatives are concerned because bringing up very good points here. ment can go after you if you do these they feel like justice went awry in Most of the language he has brought bad things. But we miss one important Waco and Ruby Ridge, the Good Ol’ up, I wrote. Naturally, some of it I step. We do not take these new laws Boys roundup and other matters. Those would like to have in the bill. But we and add them to the list of those things are legitimate concerns that they can get around most of those problems for which you can get a wiretap. This bring. with current criminal law. We cannot would do that, would allow wiretaps Let me just say this. I would not get around these problems I am dis- with all the procedures for the new mind putting this in the bill if I could at this point, but I cannot and still cussing with regard to terrorism. crimes of terrorism we have in here. Let me just say on wiretapping It is ironic. At first I thought it was have a bill. We have a bill that has alone, just so people understand how an oversight, but obviously it is in- alien terrorist removal provisions. It serious this is, in 18 United States tended that you not be able to use would help this country all over the Code, section 2518, it says: wiretaps to deal with terrorism as we world. It would help other countries all Notwithstanding any other provision of outlined in the bill. over the world. Designation of terrorist organizations, we start to put a stop to this chapter, any investigative or law en- I assume my time has expired. forcement officer, [any, by the way] spe- The PRESIDING OFFICER. The time terrorist organizations. It would cer- cially designated by the Attorney General, of the Senator has expired. tainly stop the fundraising. We have the Deputy Attorney General, the Associate Mr. BIDEN. I thank the Chair. language that will stop the raising of Attorney General or by the principal pros- Mr. HATCH addressed the Chair. funds in the United States of America ecuting attorney of any State or subdivision

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3457 thereof acting pursuant to a statute of that existed in the past in the eyes of most The Senator from Delaware. State, who reasonably determines that— people who own guns in this country, Mr. BIDEN. Mr. President, I yield (a) an emergency situation exists that in- and they are doing it, I think, in an ex- myself 60 seconds on the bill. I have volves— peditious and good way. I am proud of two responses. (i) immediate danger of death or serious physical injury to any person, the law enforcement in this country. I My distinguished and able colleague (ii) conspiratorial activities threatening want to give them the tools and I want has mixed up apples and oranges here. the national security interest, or to work hard to make sure we have The section he read from the wiretap (iii) conspiratorial activities characteristic them. But we have to give them these statute related to emergency wiretaps of organized crime, tools now. We have to start fighting that do not require a court order at the that requires a wire, oral, or electronic terrorism, instead of really babbling, front end. communication to be intercepted before an here, on the floor of the U.S. Senate. What we are talking about are wire- order authorizing such interception can, The longer we go the more difficult it taps where they want to go in and we with due diligence, be obtained.... is to get this through over in the want to prove they have probable cause I would like all this clarifying lan- House. If we change one word of this to get the wiretap in the first case. guage in. I would not mind having it. and go back to conference, I can tell Second, I agree with everything that We had it in the Senate bill and we you right now we are in danger of los- he says about the good parts of the bill. have worked for a year to try to get it ing the bill. So, sure I can improve any They were in the same bill I intro- back in and almost every major, big bill. Just make me a dictator and let duced, most of those things. I am for provision we have gotten back in. me write whatever I want to and I them. But the problem is, he men- Some of this we have not. But we have guarantee you it will be perfect. At tioned there are 1,500 terrorists out ways to get around those problems. least that is the idea of some people in there, or whatever the number. Under I will repeat it. Talking in real this body. But we have to live in the the bill now we create a new crime re- terms, realistically, there is always a real world of bringing 100 Senators, 435 lating to providing material support way to do it if it has to be done, to get Representatives—535 minds together for terrorists, if you send money to a wiretap. But there is not always a and, by gosh, we have done a pretty Hamas and provide material support or way to remove terrorist aliens. There good job. an automobile or a train ticket or is not a way right now to designate ter- When the Senator read the Internet whatever it is, and it is not a crime. It rorist organizations as terrorists and bomb description, had his idea—and I is a Federal crime now, but one for to start branding them for what they might add even I would agree with the which you cannot get a wiretap. That are all over the world and start using idea—been the law, he might have been seems to make no sense to me and that the force of American power and law in violation of his own law. The fact of is why I have introduced this amend- against them. There is no real way to the matter is, there are still ways of ment. stop fundraising today for terrorist or- getting around that problem. We can I yield the floor to my friend from ganizations in this country. go after bomb makers, under this bill. Massachusetts. I might say there is no summary ex- We can make a difference. Mr. HATCH. Mr. President, if my clusion of alien terrorists today. We do I just wanted to mention a few things friend from Massachusetts will just not have any aspects against biological that we are really fighting for here, allow me to respond for 15 seconds, I weapons. major issues, major issues that can will just make the statement again. I was the one who held the hearing help us against crime, against ter- Realistically, in this real world, if law just a month or so ago, showing where rorism, that will help to prevent future enforcement wants to get a wiretap, you could get—anybody if they were terrorist activities. Do we have every- whether emergency or otherwise, it is clever enough, could get human patho- thing in this bill? I said from the begin- going to be able to get it. That has gens that could cause major diseases ning, no, we do not, because we have to been my experience and I think it has all over this country. bring together at least half of the 535 been the experience of every pros- I might add, we do not have any cur- people serving in both Houses of Con- ecutor, I think, in this country. rent criminal alien removal proce- gress. But we have a lot of things in Mr. BIDEN. I yield myself 15 more dures. This bill grants all of that. this bill I never thought we would get seconds on the bill. That is the very We do not have habeas corpus reform, there, through 535 people. This is a bi- thing we do not want to happen. We death penalty reform in this country. partisan bill. It is a bill that both Re- want prosecutors to operate under the That alone, the people who have suf- publicans and Democrats have fash- law. We do not want to further ignite fered, the victims of the Oklahoma ioned. Frankly, I am proud of it and I the imagination of those folks over in City bombing would be enough to jus- would like to get about passing it. the House. We want them to do it by In that regard, then, on behalf of tify this bill. But I am giving you big- the numbers, not with imagination. Senator DOLE and myself, I move to time stuff that will make a difference Mr. HATCH. Mr. President, I would table the Senator’s motion and I ask against terrorism. These other mat- just add, they will do it by the law, but ters, we can get around those in most for the yeas and nays. The PRESIDING OFFICER (Mr. realistically they can do it. I have also instances. said that I will work with the distin- KEMPTHORNE). Is there a sufficient sec- I am telling you, I will just say one ond? guished Senator from Delaware to try other thing. I am committing right There is a sufficient second. to resolve these problems in a formal here on the floor today I will do every- The yeas and nays were ordered. bill in the future, as we examine this thing in my power, as chairman of the The PRESIDING OFFICER. The Sen- more carefully. I think we can do that Judiciary Committee and as one of 100 ator from Delaware. job. But it is misleading, to think the Senators here, to try to correct some Mr. BIDEN. Mr. President, may I American people are not going to be of these matters in the future, after we make a suggestion? There are several protected, from a wiretap standpoint, have these studies that help us to know colleagues who apparently will have when I know the law enforcement offi- how to correct them and after we can difficulty getting here in the next 5 cials can use wiretaps and can get get rid of some of these perceptions minutes for this vote. Senator KEN- them, realistically, in almost every sit- that law enforcement is too intrusive NEDY is on the floor, ready to proceed uation. and is not protective of the civil rights with an amendment. Maybe we could The PRESIDING OFFICER. The Sen- and liberties of people in this country. just stack the two? I have been oppos- ator from Massachusetts. I believe it is. I believe our law en- ing stacking them all day. Mr. KENNEDY. Mr. President, I ask forcement people are the best in the Mr. HATCH. Mr. President, I ask unanimous consent that I may speak world. We have occasional mistakes, unanimous consent we stack the next on the conference report without the but I think the FBI is the best in the two votes to occur immediately after time being charged to the remaining 20 world. I think our Justice Department the time expires on Senator KENNEDY’s minutes of the general debate. is the best in the world. I think ATF amendment. The PRESIDING OFFICER. Is there does a very good job and they are The PRESIDING OFFICER. Without objection? Without objection, it is so cleaning up a lot of problems that have objection, it is so ordered. ordered.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3458 CONGRESSIONAL RECORD — SENATE April 17, 1996 Mr. KENNEDY. Mr. President, it is a It returns to the discredited cold war correcting a constitutional error be- year since the tragic bombing of the guilt-by-association policy of the cause it was a reasonable error is unac- Federal building in Oklahoma City, McCarran-Walter law, excluding indi- ceptable, especially in a capital case. and 10 months since the Senate passed viduals from our shores based on mere Ever since the days of Chief Justice a bill to give Federal law enforcement membership in an organization. Cur- John Marshall, the Federal courts have agencies the effective assistance they rent law already contains authority to served as the great defenders of con- need to deal with these crimes. exclude members of known terrorist or- stitutional protections, and they Unfortunately, the conference report ganizations. The far broader sweep of should remain so. before us is a far weaker bill than the this bill is unnecessary and excessive. The asylum provisions in this bill are measure we passed last year. All that It places excessive restrictions on the equally misguided. is left now is the hollow shell of a ter- ability of refugees to obtain asylum in The Senate-passed bill did not ad- rorism bill, a mockery of the strong bi- the United States. This provision was dress this subject, because it is more partisan legislation passed by the Sen- never considered by the full Senate, appropriately dealt with as part of im- ate. Most of the meaningful and it ought to be debated on the im- migration reform. But the conferees antiterrorism measures passed by the migration bill, not the terrorism legis- adopted House-passed language that Senate have been stripped out by the lation. drastically limits the ability of refu- House, so that this bill is far less likely Mr. President, I point out here what gees to claim asylum if they arrive to deter terrorist crimes or aid in the has been happening. Asylum claims de- without proper documents. This provi- apprehension of terrorists. cline 57 percent as productivity doubles sion undermines the fundamental trea- Using the phony label of in 1995. What we have seen is the dra- ty obligations of the United States by antiterrorism, the bill achieves two matic reduction in terms of the asylum subjecting legitimate refugees to perse- reprehensible goals: it denies meaning- claims. In 1994, there were 122,000; 60,000 cution and even torture. ful habeas corpus review to State death completed. It is often impossible for asylum row inmates, and it makes it easier to In 1995, 53,000; 126,000 were completed. seekers fleeing persecution to obtain a turn away refugees and victims of po- The Justice Department has a handle valid passport or travel document be- litical persecution from America’s on this issue. It is doing it in a con- fore they leave. Even the effort to ob- shores. scientious, fair, and disciplined way, tain a travel document from the same Everyone knows what happened to and we ought to retain it and not be government that is the persecutor may this bill. It fell victim to the anti-Gov- caught up with other facts and figures. result in further danger to the asylum ernment assault of the National Rifle Every omnibus bill requires Members seeker. People may die or may be tor- Association. After the Senate passed a of Congress to weigh the good provi- tured while waiting for the proper pa- tough, effective terrorism bill, the sions against the bad ones. I voted for pers. Accepting this reality, the U.N. NRA stepped in and prevented House the Senate bill even though it included High Commission on Refugees has rec- action for months. Then the NRA’s the objectionable limits on habeas cor- ognized that circumstances may com- supporters in the House stripped the pus. But the balance has changed, now pel a refugee to use fraudulent docu- bill of key provisions to strengthen that the Senate bill has been seriously ments to escape persecution. Federal law enforcement. weakened. There is too little to place This fact has long been recognized As a result of the NRA’s maneu- on the scale against the shameful under international law. The United vering, the conference report before us trashing of the writ of habeas corpus States has international obligations to is completely inadequate to meet the and the Nation’s asylum system. protect refugees and asylum seekers needs of law enforcement. The Senate It is unfortunate that the unrelated who use fraudulent documents to es- still has a chance to insist on a real and controversial subject of habeas cape persecution abroad. Article 31 of terrorism bill, and not a sham bill. We corpus was injected into this bill in the the U.N. Convention Relating to the should send this bill back to con- first place. Proponents say that habeas Status of Refugees imposes an obliga- ference, and insist that the conferees corpus is relevant because the suspects tion on the United States not to penal- restore the tough Senate provisions. in the Oklahoma City bombing are There are numerous glaring gaps in ize refugees and asylum seekers who charged with a Federal capital offense. the conference report: are fleeing persecution, and who It does not include the expanded But that fact is no justification for present fraudulent documents or no wiretapping authority that the FBI has changing the rules with regard to State documents at all. said is necessary to keep up with cur- prisoners. Under current practice, when asylum rent telecommunications technology. The habeas corpus proposals do not seekers arrive in the United States It does not address the dangerous re- strike a fair balance. The bill denies without valid travel documents or a ality that bomb-making information is death row inmates a full opportunity passport, they are placed in detention. now freely disseminated on the Inter- to raise claims of innocence based on Generally, they are released from de- net. newly discovered evidence. It will tention only if an asylum prescreening It does not include a Senate-passed therefore increase the likelihood that officer believes they have a sound case. provision extending the statute of limi- innocent people will be executed. The That is the dramatic change in the way tations for serious firearms offenses. proposal to limit inmates to one bite at the Justice Department is considering It does not include a necessary excep- the apple is sound in principle. But the asylum seekers at the present time tion to the posse comitatus laws so surely the interest in swift executions and how they were considered a num- that military experts can provide tech- must yield to new evidence that an in- ber of months ago. Otherwise, they nical assistance to law enforcement in nocent person is about to be put to must pursue their asylum claim while terrorist attacks involving chemical or death. As Supreme Court Justice Pot- in detention. biological warfare. ter Stewart once wrote, ‘‘Swift justice The pending bill significantly Each of these measures was included demands more than just swiftness.’’ changes this process. It gives the in the Senate bill, but has been Also, the proposal would unwisely re- prescreening officer the authority to stripped out of the conference report at quire Federal courts to defer to State deport an asylum seeker who enters the insistence of the NRA. courts on issues of Federal constitu- with false or no documents. The office And while the bill is clearly deficient tional law. A Federal court could not can deport the asylum seeker without in these respects, it includes other pro- grant a writ habeas corpus based on a full hearing. An immigration judge visions that are too extreme in lim- Federal constitutional claims, unless never sees the case. In addition, the iting the rights and liberties of individ- the State court’s judgment was ‘‘an un- asylum seeker has no access to the as- uals: reasonable application of Federal law.’’ sistance of counsel or even an inter- It eviscerates the ancient Writ of Ha- It is a serious mistake to require a preter. beas Corpus, denying death row in- Federal court to defer to the judgment As we consider this unprecedented mates the opportunity to obtain even of a State court on matters of Federal proposal, we should remind ourselves of one meaningful Federal review of the constitutional law. The notion that a Raoul Wallenberg, the hero who saved constitutionality of their convictions. Federal court should be prevented from countless lives during the Holocaust by

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3459 issuing false travel documents so that raising language is far superior in this weapons restrictions, chemical weap- Jews could escape Hitler’s persecution. bill than it was in the Senate bill. I ons, and biological weapons of mass de- If this bill had been law in 1946, those know it is far superior. struction. We provide for a study of the Jews could have been returned to Eu- We were able to work that out with facility for training and the evaluation rope without so much as a hearing. our colleagues in the House. That alone of personnel who respond to the use of Finally, the bill is flawed because it is a reason for preferring this bill over chemical or biological weapons in excludes foreigners from our shores the Senate bill, plus the added promise urban or suburban areas. based on mere membership in a that I have made here that I will try to We have the implementation of the disfavored organization. work out these wiretap and other Plastic Explosives Convention in here. In the days of the cold war, distin- issues, or at least the wiretap issues, in We have the marking of plastic explo- guished writers, professors, and others the Senate Judiciary Committee. sives. We have studies on the marking were excluded from the United States But just look at the highlights of of other explosives and putting based on their mere membership in a this antiterrorism bill. Capital punish- taggants on them. Communist organization. Finally in ment reform, death penalty reform, We have made a whole bunch of 1990, we repealed the notorious something that has been needed for modifications in criminal law to McCarran-Walter law and set exclusion years, decades. It is being abused all counterterrorism, increased penalties criteria based on individual actions, over the country. There are better than for conspiracies involving explosives. not their words. 3,000 people who have been living on All this talk about explosives. We pro- This bill is a giant step backward. It death row for years with the sentences vide language in here that will help to explicitly sets excessive exclusion cri- never carried out, the victims going solve those problems. teria based on membership in an orga- through the pain every time they turn Acts of terrorism transcending na- nization, even though it would be around. This will solve that problem tional boundaries, we have language on grossly unfair to assume that all or while still protecting their constitu- that. We have criminal procedure even most members of the organization tional rights and every right of appeal changes in here that would make a real are terrorists. that they really should have. It is writ- difference with regard to certain ter- Current law already gives broad au- ten well. rorism offenses overseas, the clarifica- thority to exclude members of terrorist The international terrorism prohibi- tion of maritime violence jurisdiction, organizations in such cases, and the tions, prohibitions on international increased and alternate conspiracy blunderbuss provision in this bill is terrorist fundraising. As I have said, penalties for terrorism offenses, clari- unneeded. If applied to American citi- the Anti-Defamation League, AIPAC, fication of Federal jurisdiction over zens, it would be a violation of the first and a whole raft of others that are con- bomb threats. The expansion and modi- amendment. cerned in this area, like the language fication of weapons of mass destruction The harm caused by the habeas cor- in this bill much better than the lan- statute is in here, the addition of ter- pus, asylum, and exclusion provisions guage in the Senate bill. rorism offenses to the money laun- of this bill is severe, and the good ac- This subtitle adds to Federal law pro- dering statute. We have the protection of Federal complished by the antiterrorism sec- hibitions which provide material sup- employees in here mainly because it is tions of the bill is minor. I urge the port to, or raise funds for, foreign orga- needed now in this day and age with Senate to send this defective bill back nizations designated by the Secretary some of the vicious people we have to to conference with instructions to do of State, in consultation with the Sec- put up with in our society. We have the the job right—and produce a real retary of the Treasury and the Attor- protection of current and former offi- antiterrorism bill that gives law en- ney General, to be terrorist organiza- cials in here, officers, employees of the forcement the tools it needs to get the tions. United States. job done. We have the Terrorist and Criminal We have the death penalty as an ag- I thank the chairman and the rank- Alien Removal and Exclusion Act in gravating factor. We solve that and add ing minority member of the committee this bill. We remove alien terrorists, multiple killings to the list of aggra- for letting me address the Senate on and we provide very good language vating factors in the imposition of the this issue. that was very much the same as the death penalty. We have detention hear- The PRESIDING OFFICER. The Sen- Senate language. ing language in here and directions to ator from Utah. We have the exclusion of members or the sentencing commission. Mr. HATCH. Mr. President, I have representatives of terrorist organiza- I have to say, we have a whole raft of listened to my distinguished colleague tions, the alien terrorists exclusion, if other things that I do not have time to and friend, and he would like to restore you will. This permits, as a new legal mention. Look, it is time to pass this the Senate bill. We just cannot do that. basis for alien exclusion, the denial of terrorism bill. It is time to let the peo- I was very proud of that Senate bill. I entry into the United States of any ple in Oklahoma City know we mean wrote most of it and, frankly, I think person who is a representative or mem- business here. our colleagues worked together to ber of a designated terrorist organiza- Is the time expired on both sides? On come up with a good bill. When it went tion. behalf of the majority leader and I, I to the House, the House enacted a bill We have a whole title on nuclear, bio- move that we table the Kennedy which really was much less than the logical, and chemical weapons restric- amendment and ask for the yeas and Senate bill. We have gone to con- tions. These are not picayune provi- nays. ference and have brought most all of sions. This is big-time stuff. This is The PRESIDING OFFICER. The yeas the Senate bill back. something this country has needed for and nays have been ordered. The ques- The distinguished Senator from Mas- years and the whole world needs. We tion occurs on agreeing to the motion sachusetts says that this bill we have have it in this bill. to table. today is a hollow shell. Now, come on. We have the expansion of scope and Mr. HATCH. Mr. President, do we Let me just go through some high- jurisdictional bases of nuclear mate- have motions to table on both of these lights of this bill. rials prohibitions and a report to Con- amendments? And will they be back to We have most everything back, and gress on thefts of explosive materials back? the things we do not have back, we can from armories. We require the Attor- The PRESIDING OFFICER. There is probably, in the real world, solve any- ney General, together with the Sec- only one amendment. The Senator way, under current existing law. I have retary of Defense, to undertake a study from Massachusetts did not offer an to say, yes, I would prefer the original of the number of thefts of firearms, ex- amendment. Senate bill, but let me give you one il- plosives, and other terrorist-type mate- Mr. HATCH. He did not. I am happy lustration. rials from military arsenals. We will to then proceed with the vote on the In the fundraising provisions, I might make them get on these things. Biden amendment. add that the Antidefamation League, We have biological weapons restric- The PRESIDING OFFICER. The and others of similar mind—and I am tions, enhanced penalties, and control question occurs on agreeing to the mo- of similar mind—believe that our fund- of biological agents. We have chemical tion to table the motion to recommit.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3460 CONGRESSIONAL RECORD — SENATE April 17, 1996 The yeas and nays have been ordered. ton administration proposed its own modeled on the special court that was The clerk will call the roll. substantially identical version of my created by the Foreign Intelligence The legislative clerk called the roll. bill as part of its omnibus Surveillance Act. Mr. LOTT. I announce that the Sen- antiterrorism legislation. Then, in the Under section 401 of S. 735, the U.S. ator from Florida [Mr. MACK] is nec- wake of the Oklahoma City bombing, district judge sitting as the special essarily absent Senators DOLE and HATCH introduced court would personally review the clas- The PRESIDING OFFICER. Are there S. 735, which incorporated the sub- sified information involved in camera any other Senators in the Chamber de- stance of my bill, S. 270. S. 735, of and ex parte. siring to vote? course, passed the Senate by a vote of The result was announced—yeas 56, Where possible, without compro- 91 to 8 last June. nays 43, as follows: mising the classified information in- Unfortunately, when S. 735 reached volved, the alien in question would be [Rollcall Vote No. 68 Leg.] the House, the alien terrorist removal YEAS—56 provided with an unclassified summary provisions of the Senate-passed bill of the classified information in order Abraham Faircloth McCain were removed from the legislation. to assist him in preparing a defense. Ashcroft Feingold McConnell Commendably, however, Senator Baucus Frist Murkowski Ultimately, the special court would Bennett Gorton Nickles HATCH steadfastly insisted that the determine whether, considering the Bond Gramm Pressler conference committee include an alien record as a whole, the Justice Depart- Brown Grams Reid terrorist removal section in its con- Burns Grassley ment has proven, by a preponderance of Roth ference report on S. 735. Fortunately Campbell Gregg Santorum the evidence, that the alien is a ter- Chafee Hatch Shelby for our Nation, Senator HATCH suc- rorist who should be removed from the Coats Hatfield Simpson ceeded in that effort. Cochran Helms United States. Smith Let me summarize briefly for the Cohen Hutchison Finally, Mr. President, any alien who Snowe Coverdell Inhofe benefit of my colleagues what the alien is ordered removed under the provi- Craig Jeffords Specter terrorist removal section of S. 735 is all Stevens sions of section 401 of S. 735 would have D’Amato Kassebaum about. The alien terrorist removal pro- DeWine Kempthorne Thomas the right to appeal to the U.S. Court of Dole Kyl Thompson visions of the bill would establish a Appeals for the District of Columbia Domenici Lott Thurmond new, special, judicial procedure under Circuit. Exon Lugar Warner which classified information can be Mr. President, the most serious na- used to establish the deportability of NAYS—43 tional security threat that our Nation alien terrorists. Akaka Glenn Mikulski faces in the post-cold-war world is the Biden Graham Moseley-Braun The new procedures that are estab- scourge of international terrorism. Bingaman Harkin Moynihan lished under section 401 of S. 735 are Boxer Heflin That threat became reality in 1993 with Murray carefully designed to safeguard vitally Bradley Hollings Nunn the terrorist attack on the World important national security interests, Breaux Inouye Pell Trade Center in New York City. Trag- Bryan Johnston while at the same time according ap- Pryor ically, with the Oklahoma City bomb- Bumpers Kennedy Robb propriate protection to the necessarily Byrd Kerrey Rockefeller ing 1 year ago this week, we learned Conrad Kerry limited due process rights of aliens. Sarbanes the bitter lesson that we face the Daschle Kohl Under current law, Mr. President, Simon Dodd Lautenberg classified information cannot be used threat of terrorism from domestic ex- Dorgan Leahy Wellstone tremists as well. Feinstein Levin Wyden to establish the deportability of ter- rorist aliens. Thus, when there is insuf- Now, this historic 104th Congress is Ford Lieberman responding, strongly and effectively, to NOT VOTING—1 ficient unclassified information avail- able to establish the deportability of a address the twin terrorist threats that Mack terrorist alien, the Government faces we face. I urge the prompt adoption of The motion to lay on the table the two equally unacceptable choices. the conference report on S. 735 by the motion to recommit was agreed to. First, the Justice Department could Senate and, once again, I commend the Mr. HATCH. Mr. President, I move to declassify enough of its evidence conferees for incorporating my alien reconsider the vote. against the alien in question to estab- terrorist removal bill into their land- Mr. DOLE. I move to lay that motion lish his deportability. Sometimes, how- mark legislation. on the table. ever, that simply cannot be done be- Mr. LEAHY. Mr. President, I am en- The motion to lay on the table was couraged that the conference report in- agreed to. cause the classified information in question is so sensitive that its disclo- cludes important provisions that I pro- Mr. SMITH. Mr. President, I rise to posed back in June 1995, when the Sen- commend Senator HATCH and the other sure would endanger the lives of human sources or compromise highly sensitive ate began consideration of members of the conference committee antiterrorism legislation. These provi- for incorporating what originated in methods of intelligence gathering. sions were adopted by the Senate and this Congress as my bill, S. 270, the The Government’s second, and equal- then passed as part of the original S.735 Alien Terrorist Removal Act of 1995, ly untenable, choice would be simply to and passed a second time last year by into the conference report on S. 735, let the terrorist alien involved remain the Senate as part of H.R. 665, our the Anti-Terrorism and Effective in the United States. version of the mandatory victim res- Death Penalty Act of 1996. Sadly, Mr. President, what I have titution legislation. They are now in- I also want to thank Senator SPEC- just described is not a hypothetical sit- cluded as sections 231 and 232 of the TER again for the opportunity to tes- uation. It happens in real cases. That is tify before his Judiciary Subcommittee why the Department of Justice, under conference report. It is astonishing on Terrorism last summer regarding both Republican and Democratic Presi- that at the time I added these provi- my alien terrorist removal bill. dents and Attorneys General, has been sions to the bill there were no victims- My bill—now the alien terrorist re- asking for the authority granted by my related measures in any antiterrorism moval section of the conference report bill—now section 401 of S. 735—since legislation. on S. 735—essentially embodies the 1988. When the bomb exploded outside the Smith-Simpson amendment that the Utilizing the existing definitions of Murrah Federal Building in Oklahoma Senate passed unanimously as part of terrorism in the Immigration Act of City last year, my thoughts and pray- the crime bill in the last Congress. Un- 1990 and of classified information in the ers, and I suspect that those of all fortunately, certain House members of Classified Information Procedures Act, Americans, turned immediately to the the conference committee on the 1994 section 401 of S. 735 would establish a victims of this horrendous act. It is my crime bill insisted on the deletion of special alien terrorist removal court hope that through this legislation we the Smith-Simpson amendment from comprised of sitting U.S. district will proceed to enact a series of im- that legislation. judges designated by the Chief Justice provements in our growing body of law After I introduced S. 270 early in the of the Supreme Court of the United recognizing the rights and needs of vic- first session of this Congress, the Clin- States. This new alien removal court is tims of crime. We can do more to see

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3461 that victims of crime, including ter- cludes an important provision to in- partment of Health and Human Serv- rorism, are treated with dignity and crease the base amounts for States’ ices will, likewise, improve its over- assisted. victims assistance grants to $500,000 sight and grant administration and en- The conference report incorporates and allows victims assistance grants to courage the States to be more vigilant. the provisions of the Justice for Vic- be made for a 3-year cycle of program- If so, the change in the language of the tims of Terrorism Act, which will ac- ming, rather than the year of award bill from that previously adopted by complish a number of worthwhile ob- plus one, which is the limit contained the Senate and by the Judiciary Com- jectives. They include a proposal to in- in current law. This programming mittee will not result in a significant crease the availability of assistance to change reflects the recommendation of diversion of crime victims fund money victims of terrorism and mass violence the Office for Victims of Crime con- to other uses. here at home. tained in its June 1994 report to Con- I also regret that the emergency re- We, in this country, have been shield- gress. serve is not structured as I rec- ed from much of the terrorism per- I am disappointed that some have ob- ommended. I would limit the reserve to petrated abroad. That sense of security jected to an important improvement the highest level of annual deposits has been shaken recently by the bomb- that would have allowed all unspent placed in the fund in the past 5 fiscal ing in Oklahoma City, the destruction grant funds to be returned to the crime years. This would allow the emergency at the World Trade Center in New victims fund from which they came and reserve to fulfill its purpose as a rainy York, and assaults upon the White reallocated to crime victims assistance day fund and smooth the distribution House. I, therefore, proposed that we programs. I believe that we ought to of aberrational deposit pattern. Fur- allow additional flexibility in targeting treat the crime victims fund, the vio- ther, I hope that we will soon recon- resources to victims of terrorism and lent crime reduction trust fund, and sider the 40-percent cap of Federal con- mass violence and the trauma and dev- Violence Against Women Act funds tributions to State victim compensa- astation that they cause. with respect and use them for the im- tion awards and other suggested im- The conference report includes these portant purposes for which they were provements to the Victims of Crime provisions to make funds available created. Act. through supplemental grants to the The crime victims fund, we should re- Our State and local communities and States to assist and compensate our member, is not a matter of appropria- community-based nonprofits cannot be neighbors who are victims of terrorism tion and is not funded through tax dol- kept on a string like a yo-yo if they are and mass violence, which incidents lars. Rather, it is funded exclusively to plan and implement victims assist- might otherwise overwhelm the re- through the assessments against those ance and compensation programs. They sources of a State’s crime victims com- convicted of Federal crimes. The crime need to be able to plan and have a pensation program or its victims as- victims fund is a mechanism to direct sense of stability if these measures are sistance services. I understand that as- use of those funds to compensate and to achieve their fullest potential. sistance efforts to aid those who were assist crime victims. That is the ex- I know, for instance, that in Vermont the victims of the Oklahoma City press purpose and justification for the Lori Hayes at the Vermont Center for bombing are now $1 million in debt. assessments. crime victims Services, Judy Rex at These provisions should help. Accordingly, I believe it is appro- the Vermont Network Against Domes- The substitute will also fill a gap in priate for those funds to be used for tic Violence and Sexual Abuse, and our law for residents of the United crime victims and, when not expended many others provide tremendous serv- States who are victims of terrorism for purposes of a crime victims pro- ice under difficult conditions. I was de- and mass violence that occur outside gram, they ought to be returned to the lighted to be able to arrange a meeting the borders of the United States. Those crime victims fund for reobligation. In- between them and the Attorney Gen- who are not in the military, civil serv- stead, because of a technicality in the eral of the United States when Attor- ice, or civilians in the service of the application of the Budget Act, the con- ney General Reno recently visited United States are not eligible for bene- ference report includes a change from Vermont. They will be able to put in- fits in accordance with the Omnibus the language that I proposed and that creased annual assistance grants to Diplomatic Security and Antiterrorism was approved by the Judiciary Com- good use. Such dedicated individuals Act of 1986. One of the continuing trag- mittee and previously by the Senate. and organizations will also be aided by edies of the downing of Pan Am flight My language would have returned all increasing their programming cycle by 103 over Lockerbie, Scotland, is that unspent crime victims grant funds to even 1 year. Three years has been a the United States Government had no the crime victims fund. The conference standard that has worked well in other authority to provide assistance or com- report will require that some of the programming settings. Crime victims’ pensation to the victims of that hei- money that came from the crime vic- programming deserves no less security. nous crime. Likewise, the U.S. victims tims fund go, instead, to the general In 1984, when we established the of the Achille Lauro incident could not Treasury if it remains unobligated crime victims fund to provide Federal be given aid. This was wrong and more than 2 years after the year of assistance to State and local victims’ should be remedied. grant award. I am pleased that we have compensation and assistance efforts, In its report to Congress in 1994, the been able to obtain some concession in we funded it with fines and penalties Office for Victims of Crime at the U.S. this regard and note that the unobli- from those convicted of Federal crime. Department of Justice identified the gated funds must exceed $500,000 in The level of required contribution was problem. Both the ABA and the State order to revert to the general Treas- set low. Twelve years have passed and Department have commented on their ury. it is time to raise that level of assess- concern and their desire that crime Fortunately, the Office for Victims of ment in order to fund the needs of victims compensation benefits be pro- Crime has improved its administration crime victims. Accordingly, the con- vided to U.S. citizens victimized in of crime victims funds and that of the ference report includes as section 210 a other countries. This bill takes an im- States over the past 3 years to a great provision that I worked on with Sen- portant step in that direction. Cer- extent. While more than $1 million a ator MCCAIN and that the Senate pre- tainly U.S. victims of terrorism over- year has in past years remained unobli- viously passed as an amendment to the seas are deserving of our support and gated from grants made through the antiterrorism bill last summer. It dou- assistance. States across the country, in 1994 that bles the special assessments levied In addition, I believe that we must number was reduced below $125,000. The under the Victims of Crime Act against allow a greater measure of flexibility Director of the Office for Victims of those convicted of Federal felonies in to our State and local victims’ assist- Crime, Aileen Adams, should be com- order to assist all victims of crime. ance programs and some greater cer- mended for this improvement. It is my I do not think that $100 to assist tainty so that they can know that our hope that the administration of crime crime victims is too much for those in- commitment to victims programming victims fund grants will continue to dividuals convicted of a Federal felony will not wax and wane with events. Ac- improve through the Department of to contribute to help crime victims. I cordingly, the conference report in- Justice and the States and that the De- do not think that $400 is too much to

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3462 CONGRESSIONAL RECORD — SENATE April 17, 1996 insist that corporations convicted of a tain proposals above the underlying Further, the provisions in the con- Federal felony contribute. Accord- goal of responding to terrorism in the ference report go well beyond reform ingly, the conference report would measured and focused manner nec- and eviscerate the constitutional raise these to be the minimum level of essary to protect the citizens of this underpinnings of habeas corpus. Just assessment against those convicted of Nation. as many of the law enforcement provi- crime. Unfortunately, many of the proposals sions went too far, so too do the habeas While we have made progress over which have been offered throughout provisions. the last 15 years in recognizing crime this debate to combat terrorism simply By setting unreasonable limitations victims’ rights and providing much- went too far and placed the civil lib- and standards of review available on needed assistance, we still have more erties of all Americans in peril. appeal of constitutional violations, to do. I am proud to have played a role For this simple reason I opposed lan- this bill greatly enhances the potential in passage of the Victims and Witness guage included in the Senate bill which that this Nation will execute an inno- Protection Act of 1982, the Victims of would have expanded the scope of wire- cent person for a crime they did not Crime Act of 1984, the Victims’ Rights tap authority and would have injected commit. and Restitution Act of 1990, and the the military into areas of law enforce- I do not disagree with my colleagues victims provisions included in such ment which are better left to local offi- who argue that justice must be served. measures as the Violent Crime Control cials. The families of the victims and the American people deserve as much. and Law Enforcement Act of 1994. I I am concerned that these provisions However, the pursuit of justice does thank my colleagues for their accept- move us toward unwarranted expansion not require us, as these habeas provi- ance of the provisions of the Justice for of Federal power. Accordingly, I sup- sions do, to depart from over 200 years Victims of Terrorism Act. port the removal of these provisions of constitutional protections. I thank the outstanding crime vic- from the final package. Justice is not served by the execu- tims advocates from Vermont for their However, just as some of those pro- tion of an innocent human being. The help, advice, and support in connection posals overstepped the boundaries of families of the victims and the Amer- with the Justice for Victims of Ter- civil liberties, the final conference re- ican public will find no comfort from rorism Act and the improvements it in- port remains flawed. such an occurrence. cludes to the Victims of Crime Act. I Careful review of this legislation re- Like so many facets of this bill, the also thank them for the work they are veals that it contains very few sub- habeas provisions of this bill lack any doing by developing and implementing stantive provisions which would have semblance of reasonable balance. programs for crime victims in prevented or helped prevent the Okla- A recent March 20 editorial from the Vermont. homa City tragedy. Milwaukee Journal Sentinel entitled In addition, I thank the National Or- As I said when the Senate considered ‘‘A needless overreaction to terrorism’’ ganization for Victim Assistance, the this legislation last summer, it is es- criticized these provisions and pointed National Association of Crime Victim sential that law enforcement be given out the fallacy of the alleged link be- Compensation Boards, and the Na- the resources and support necessary to tween habeas reform and terrorism or tional Victim Center for their assist- investigate and prosecute terrorists. that these provisions will have any de- ance and support in the development of To truly protect citizens of this Na- terrent effect. the Justice for Victims of Terrorism tion, terrorists must be stopped before In the words of the Journal; Act. Without their help, we could not they strike—before they take innocent It’s difficult to see how limits on appeals make the important progress that its lives in some misguided effort to prove by prison inmates would deter terrorism. provisions contain. I appreciate the co- the validity of their agenda. Most such prisoners have been convicted of operation of all those who have worked That is why I am so troubled when I ordinary—not political—crimes. Besides, to incorporate these improvements to hear the suggestion that the single many terrorists are willing to undergo pun- most effective antiterrorism provision ishment, even death, for the causes they be- the Victims of Crime Act in this meas- lieve in. ure. in this bill is the alleged reform of ha- The inclusion of habeas reform in It is important to me that we do all beas corpus. this legislation has very little to do we can to bring stability to the crime The link between habeas corpus and with terrorism and a great deal to do victims fund so that the State pro- keeping the people of this Nation free with advancing an agenda which has grams for compensating and assisting from acts of terrorism is tenuous at best. The argument that these habeas previously languished in the Congress. victims of crime can plan and provide Just as I opposed those law enforce- provisions will prevent another Okla- services for victims that increase and ment provisions which raised constitu- homa City is one which is manufac- expand across our States in the coming tional concerns, so too do I oppose tured solely to justify inclusion of years. I hope that we can continue to these proposals. cooperate and refine the Victims of these unrelated provisions in a bill We should be just as wary of pro- Crime Act’s provisions. originally meant to address terrorism. posals which forsake constitutional Mr. FEINGOLD. Mr. President, it has These so-called habeas reforms will protection in the name of habeas re- been nearly 1 year since America was do nothing to rid our communities of form as we are of those which do so in shocked and outraged by the bombing dangerous persons who may strike the name of expanding wiretap author- in Oklahoma City. against innocent people. ity. The anguish and the pain caused by The only time habeas corpus is even Mr. President, it is very likely that this cowardly act left a marked impres- remotely related to terrorism is after this conference report will become law. sion on each of us which remains the terrorist has committed an act of This is unfortunate. Not simply be- today. terrorism, has been apprehended, con- cause bad provisions of this bill will be- That which had formerly been re- victed and is sitting in a prison cell. come bad law, but because this bill rep- served for distant parts of the globe— Once again political expediency has resents an opportunity squandered. acts of savage terrorism—was now obscured sound policy making. In the This legislation started as an effort being visited upon the citizens of this words of the New York Times, ‘‘Mem- to address terrorism—to provide some Nation. bers of Congress are exploiting public protection for the citizens of this Na- There can be no debate that we must concerns about terrorism to threaten tion against acts of terrorism. The respond to these acts, as we must all basic civil liberties.’’ American people deserve as much. acts of crime, with the singular and Many of my colleagues want very Sadly Mr. President, for all the fanfare unyielding purpose of capturing, pros- sincerely to address what they perceive which will likely accompany this legis- ecuting and punishing the responsible to be abuses in the use of habeas cor- lation, it fails to meet that laudable individuals. pus. These efforts, however, should not and important goal. Unfortunately, in the 12 months that be hidden behind the unsustainable Mr. HEFLIN. Mr. President, I will has passed since Oklahoma City, this claim that doing so in anyway makes support passage of the Terrorism Pre- legislation has been subject to many the people of this Nation less likely to vention Act Conference Report. Al- varied interests—interests placing cer- be attacked by terrorists. though the conference report is not as

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3463 strong as the Senate-passed bill, nor is ate version of the bill were deleted by the fact that neither Adams nor the it as strong as I would like, it is much the conference committee, this legisla- Irish Republican Army have really re- stronger than the House-passed bill and tion contains tools that will enable the nounced violence in theory or in prac- reflects a compromise between the two United States to respond to the inter- tice. This exception represents the cur- houses which is an essential element of national and domestic terrorist threats rent administration’s ability to pay our Nation’s democratic process. and prosecute these despicable crimi- lipservice to stopping terrorism while It is fitting that we enact this legis- nal acts. On balance, Mr. President, failing to achieve substantive results. lation around the anniversary of the this legislation will enhance the abil- In the past, Adams had been denied a tragic bombing which occurred in ity of law enforcement to combat both visa eight times by previous adminis- Oklahoma City and resulted in such a foreign and domestic terrorism. trations because of his affiliation with massive loss of life and injury to inno- Mr. President, the provisions in this the terrorist organization. But since cent people. We must enhance our Na- bill are vitally important to our efforts obtaining a visa in January 1994, tion’s efforts to combat domestic and to respond to international and domes- Adams has received seven additional international terrorism, and the con- tic threats of terrorism. I, therefore, visas from the Clinton administration, ference report is a step in the right di- support this bill, and I am confident was received by State Department offi- rection. that because of our actions today, cials, introduced to National Security I am pleased that the conferees were America will be more fortified against Advisor Anthony Lake, raised money able to restore many provisions which the evils of terrorism. throughout the United States while the House-passed bill deleted, such as Mr. CHAFEE. Mr. President, for the touring in March 1995, and celebrated allowing courts to expeditiously deport last day and a half, the Senate has St. Patrick’s Day in the White House. alien terrorists, allowing the President been debating the antiterrorism bill All of this transpired even though he to designate foreign terrorist organiza- conference report. During debate, a has yet to renounce the use of violence tions so any assets they have in the number of motions to recommit the to achieve political goals or denounce United States can be more easily fro- legislation to conference were offered. the plague of terrorist bombings in zen by the Government, and making it I voted against all of them—even Great Britain. a crime to donate or accept funds for those with which I agree on the sub- We cannot continue to project such foreign terrorist organizations. Fur- stance. In this situation sending the an inconsistent and unflattering testa- ther, the House-passed bill contained bill back to conference would not be ment of our commitment to fight ter- almost no funding for Federal law en- simply a matter of adding back provi- rorism. The legislation we now con- forcement, and the conference report sions that we in the Senate like. Send- sider addresses many of the short- has a funding level of $1 billion for Fed- ing the bill back to conference would comings in our ability to deal strongly eral and State law enforcement over a reopen the legislation to countless and effectively with terrorism. The 4-year period. changes that the House might, in turn, provisions in S. 735 will significantly The conference report contains a pro- demand that the Senate accept. strengthen our authority to combat vision to require taggants be placed on Obviously this conference report is international terrorism, and three sec- plastic explosives, which are most com- not perfect. No bill is. Frankly, there tions in particular are worth noting. monly used by foreign terrorists, there- are some provisions I wish were still in Section 221 of this bill amends the by making them more detectable, and there, and others I would gladly see Foreign Sovereign Immunities Act to it calls for a study on placing taggants dropped. For example, I would have permit jurisdiction of U.S. courts for on other types of explosives. liked to see in the final bill the Boxer lawsuits against terrorist states, as I would have preferred that the con- amendment on the statute of limita- designated by the Secretary of State. ference report contained the Senate- tions for firearms violations. But I rec- Under current law, U.S. citizens are passed provisions allowing for ognize that the nature of a conference barred from suing foreign governments multipoint wiretaps and other strong is compromise. And therefore the pack- or state-owned foreign enterprises un- provisions, but this did not occur and age before us is the only one on which less the alleged injury is directly re- motions to recommit the bill to con- we can act. lated to the commercial activity of the ference with instructions to include In conclusion, I might add, I do not foreign government. In other words, those provisions have been unsuccess- believe that the door is finally shut on American citizens can be tortured or ful. This is the democratic process, and amendments such as the Boxer amend- murdered in a foreign state by agents I accept the will of the Senate. ment. We can hopefully revisit that of that state, and if that state provides That does not, however, leave this amendment on another bill. no effective legal remedy, the Amer- legislation a toothless tiger. It con- Mr. BROWN. Mr. President, I rise ican victims and their families have no tains strong provisions to reform Fed- today in support of the conference re- enforceable legal remedy either in the eral habeas corpus laws—something port on the Terrorism Prevention Act. United States or anywhere else in the that is long overdue. Reform of the ha- This bill takes many important steps world. The provision in section 221 will beas corpus process will speed up the in the fight against terrorism. In par- now allow victims of terrorism, hos- imposition of sentences of those crimi- ticular, several key provisions will sig- tage taking or torture abroad, or their nal convicted of especially brutal nificantly strengthen U.S. efforts to survivors, to seek restitution against a crimes. Overall, the conference report combat international terrorism. In re- state sponsor of terrorism when they is a step in the right direction, and I cent years, attacking terrorism has are unable to gain relief in the courts urge its passage so that it can be taken a back seat in U.S. foreign pol- of the country involved. signed by the President and allow our icy. Attacks have been waged against This provision provides vital rem- Nation to enhance its efforts to combat innocent people and allies across the edies for victims. Just last summer a both domestic and international ter- world, and yet terrorists are invited to United States district court barred sur- rorism. the White House where their violent vivors of Pan Am 103 victims from Mr. BRADLEY. Mr. President, I rise rhetoric has been conveniently over- suing Libya even though the United in support of the conference report to looked. States Government had found Libya to S. 735, the Antiterrorism and Effective In January 1994, Gerry Adams, the be directly responsible and two Liby- Death Penalty Act of 1996. Almost 1 leader of the Irish-national political ans had been indicted in United States year ago today, the Oklahoma City organization Sinn Fein, was granted a court for the crime. bombing brought into sharp focus the visa on a Presidential foreign policy It is important to note that section reality and horror of domestic ter- waiver to travel to the United States. 221 provides a responsible avenue for rorism in America. The death toll of In doing this, the National Security victims to seek just compensation. the bombing stands at 167, making it Council overruled a unanimous rec- This is a powerful and significant tool the deadliest mass murder in the his- ommendation from the Department of that should be used cautiously. Thus tory of the United States. State, the Department of Justice, and the legislation limits the scope of ju- While several strong crime fighting the intelligence community that the risdiction to only those countries who provisions that I supported in the Sen- waiver should not be granted due to have been identified as state sponsors

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3464 CONGRESSIONAL RECORD — SENATE April 17, 1996 of terrorism. Sovereign immunity is Finally, section 411 which allows the threat posed by terrorism. We know designed to protect nations from being exclusion of alien terrorists from the the obstacles currently facing us in the dragged into another nation’s courts United States is an extremely impor- fight against international terrorism. for legitimate sovereign acts. The tant tool in combating international S. 735 provides the tools and the au- international community, however, terrorism. Currently we have a loop- thority necessary to wage an effective does not recognize the right of any hole in our immigration law that per- defense. state to commit acts of torture, mits the United States to issue visas to Mr. DODD. Mr. President, this Friday extrajudicial killing, aircraft sabotage, know members of terrorist organiza- will be the first anniversary of the bru- or hostage taking. Sovereign immunity tions. How can America expect to con- tal and cowardly bombing of the Alfred is an act of trust among nations of demn other nations who support ter- P. Murrah Federal Building in Okla- good faith. When a terrorist state har- rorists without first taking action to homa City. One hundred and sixty-nine bors or supports known terrorists, or limit the organizational efforts of Americans, including 19 children trag- injures or kills American citizens, it known terrorists in the United States? ically lost their lives in this terrible destroys that trust and should not be We must slam the door on foreign act of domestic terrorism. allowed to avoid the accusations of members of such terrorist organiza- A year later, that terrorist bombing those it harms. tions who now freely travel to our continues to tear at the Nation’s soul. Beyond ensuring that American citi- country. As we continue to mourn the loss of so zens have recourse after brutal ter- The case of Sheikh Rashid many innocent lives, our hearts go out rorist acts, this section represents a Ghanoushi’s application for a visa to to the survivors, the families of the vital counterterrorism measure. I am the United States highlights the far- victims and the courageous residents of confident that the threat of enforce- reaching consequences of our limited Oklahoma City who have already able judgments and levies against as- exclusionary authority. Ghanoushi is begun the difficult healing process. sets from U.S. courts will be a signifi- an Islamic extremist whose terrorist However, part of the process of heal- cant inducement for countries to get organization was responsible for the ing begins with the pursuit of justice. themselves off of the State Depart- deaths of many innocent tourists in And for the past year, law enforcement ment’s terrorist list. Section 323 also provides an impor- Tunisia. He was convicted in absentia. officials have tirelessly labored to see tant tool in combating international Nonetheless, in 1993, he applied for a that the full force of the law is brought terrorism. As a result of international visa to travel to the United States to to bear on the guilty parties. And soon, pressures against states which provide speak to religious and academic audi- the trial against the alleged bombers support to international terrorists, ences. In June 1994, the Government of will begin. some terrorist groups are seeking other Tunisia indicated that it would regard But, as we continue the process of means of financing and support, such a United States decision to admit providing answers to this terrible trag- as raising funds from sympathizers or Ghanoushi as a hostile act. Further- edy—the deadliest terrorist attack on establishing front companies. During more, in the past Ghanoushi has urged American soil—we must find new and its investigation of the Bank of Credit violence against United States inter- innovative ways to prevent such acts and Commerce International [BCCI], ests and continues to demand Israel’s in the future. That’s what this bill is the Senate Foreign Relations Com- destruction. Yet the United States has all about. mittee unearthed a significant trail of still not issued a final decision about While no one will argue that this leg- funding through BCCI that dem- whether to grant a visa to him, claim- islation, or for that matter any legisla- onstrated the importance of inter- ing lack of authority to deny him tion, will finally and completely end national financial networks in the sup- entry. At present, Ghanoushi’s case is terrorism, we must take the necessary port of illegal and terrorist activity under active review by the State De- steps to deter terrorists from their abroad. The bank hosted many illegal, partment. deadly actions. We must make it more unsafe, and unsound banking practices, It is well known that many foreign difficult for them to kill and injure. as well as acting as a front for world- terrorist groups depend on money And we must ensure that they are wide arms deals, drug deals, and assist- raised in the United States to fund swiftly brought to justice. ance to various groups linked directly their activities abroad. Terrorist activ- President Clinton deserves praise for or indirectly to terrorist activity. Sec- ity should not be defined by the area in moving forcefully in that direction by tion 323 will enable U.S. prosecutors to which a bomb explodes. submitting a comprehensive counter- begin to crack down on the use by ter- Our Nation, with its many demo- terrorism proposal to Congress, after rorist groups of international financial cratic freedoms, represents fertile the Oklahoma bombing. institutions and front companies for ground for terrorist organizations for Unfortunately, in the year since the their material support. fundraising, organizational support, President introduced that proposal, This provision would create a new of- and international recognition. Many of Congress has dragged it’s feet on this fense of providing material support or these terrorists organizations have al- legislation. What’s worse, I believe, resources, or concealing the nature, lo- ready developed networks of support in many of the strongest elements of this cation, source, or ownership of mate- our country. bill have been watered down or elimi- rial support or resources, for various The existing loophole in the Immi- nated by the House of Representatives. terrorist-related offenses. Currently, gration Act of 1990 permitting members Several provisions that would make an individual responsible for building a of terrorist organizations to come to it easier for law enforcement agencies bomb or taking someone hostage can the United States fostered an atmos- to utilize multipoint and emergency be prosecuted for their activities, but phere of indecisiveness. It sends the wiretaps against suspected terrorists those providing financial or technical wrong signal to the international com- were removed. support, or harboring terrorists after munity. The provisions in section 411 The failure to include these wiretap the crime, can escape punishment of correct this inconsistency and effec- provisions in the final conference re- any kind. Section 323 criminalizes a se- tively strengthen our authority to port create a situation where it is easi- ries of offenses by recognizing all forms combat terrorism and keep those peo- er for the FBI to tap the phone of of meaningful assistance and material ple who are members of terrorist orga- someone they suspect of bribing a bank support to terrorists. nizations off of U.S. soil. officer than someone who may be pre- It amends current law which was In the past decade, Americans have pared to engage in a terrorist act. originally offered with the same intent suffered numerous terrorists attacks. What’s more, this conference report as section 323, but was severely weak- Without the authority and support cre- prevents the Attorney General from re- ened in conference, rendering it vir- ated by S. 735, particularly the three questing technical and logistical sup- tually ineffective. This language sections I highlighted, we will continue port from the military if our Nation strengthens current law by restoring to needlessly hamstring our ability to faced an emergency involving biologi- the original intent of punishing all per- protect American citizens. Enough is cal and chemical weapons. sons involved, to whatever degree, in enough. It is time to take bold steps to This provision was deleted even terrorist activities. protect American citizens from the though I think everyone in this body

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3465 would agree that the military has far combat terrorism. Plastic explosives Senate last summer and furthermore, more expertise in matters of chemical will be required to be tagged with ma- has eliminated many of its most effec- and biological weapons than our law terials which can be tracked back to tive counterterrorism provisions. Thus, enforcement agencies. the source in the event of a bombing. I continue to oppose passage of this It’s particularly disheartening that Foreign terrorists will be denied the legislation. while these provisions were overwhelm- opportunity to raise money inside the Mr. LEVIN. Mr. President, I will vote ingly agreed to by the Senate, they United States, and if found here, will for S. 735, I am distressed that a num- were removed from the final conference be subject to special, but constitu- ber of the strongest antiterrorism pro- report because of the intransigence of tional, deportation proceedings. The visions of the Senate bill were dropped the other body. bill also includes numerous important in conference with the House. For ex- Similarly, while we need to find ways and noncontroversial provisions which ample, I am disappointed that the con- to prevent prisoners from abusing the will remove legal impediments to com- ference report would not—Provide the legal process, by filing meritless ap- bat terrorism. Attorney General the enhanced tools peals, we must ensure that those peo- This bill also contains one of the for fighting domestic and international ple who have been unfairly convicted most important anticrime and judicial terrorism that were requested by the have some legal recourse. reform measures passed in years. Fi- administration and included in the Unfortunately, I believe that the nally, the charade of habeas corpus ap- Senate bill; permit the Attorney Gen- habeus corpus reform measures in this peals will be reformed: death row in- eral to utilize the expertise of the mili- bill are ill-advised. They limit the abil- mates will no longer be allowed to drag tary in investigations of crimes involv- ity of inmates to raise claims of inno- out their appeals for several decades. I ing the use of chemical and biological cence based on newly discovered evi- have faith that our State courts re- weapons; or prohibit the dissemination dence and also require Federal courts spect our constitutional rights, and in of information on making explosive to defer to State courts on issues of the exceptional case where Federal materials with the knowledge that the Federal constitutional law raised by rights have been violated, defendants information will be used for criminal these claims. retain very reasonable access to Fed- activities. However, while I feel this legislation eral courts to prove their innocence. On balance, however, I conclude that could be further strengthened if it were We have come to a crossroads in this the antiterrorism provisions in the bill, recommitted to the conference, there debate almost 1 year after the tragedy viewed as a whole, are still worth en- are enough positive elements in the in Oklahoma. Either we pass this bill acting. bill that allow me to vote for it. and begin reaping the protections it The habeas corpus provisions of the This counter-terrorism legislation will provide us in the fight against ter- bill are also problematical. Under the provides Federal law enforcement offi- rorists, or we throw up our hands and conference report, an application for a cials with the proper means to inves- give up. I believe we need this bill now writ of habeas corpus may be granted if tigate and prevent terrorism. It estab- and I commend the efforts of Senator the underlying State court decision lishes new Federal offenses to ensure HATCH and others to reach a reasonable was ‘‘contrary to, or involved an unrea- that terrorists do not elude justice consensus which can pass both houses sonable application of, clearly estab- through gaps in the current law. and be signed into law by President lished Federal law, as determined by Similarly, it increases penalties for Clinton. the Supreme Court of the United terrorist actions. And it gives new as- Mr. PELL. Mr. President, today, as States.’’ sistance to victims of terrorist attacks, the Senate considers the conference re- I interpret the new standard to give including provisions that will make it port to S. 735, the Antiterrorism and the Federal courts the final say as to easier to bring lawsuits against States Effective Death Penalty Act of 1996, I what the U.S. Constitution says. I that sponsor terrorism. Combined, regret that as I did when this bill was reach this conclusion for two reasons. these steps will give law enforcement presented for passage in the Senate, I First, several Members have raised important new tools to use in the fight again must oppose the final version of the concern that the reference in the against terrorism. the bill. I do so for two basic reasons. bill to an unreasonable application of Although it is not perfect, this bill First, the conference did nothing to Federal law could create two different will not only help the Nation prevent change those provisions of the bill classes of constitutional violations— terrorist acts but it will also help hold which drastically curtail the Federal reasonable and unreasonable. I vote for terrorists accountable for their ac- judicial protections afforded those the bill because I have confidence that tions. given the death penalty in State the Federal courts will not do this. I The bombing in Oklahoma made courts. This is a departure from a long- believe the courts will conclude, as clear just how vulnerable we all are to standing tradition in English and they should, that a constitutional these terrible acts of violence. And ul- American jurisprudence and, as an op- error cannot be reasonable and that if timately, I believe this legislation will ponent of the death penalty, I feel I a State court decision is wrong, it make Americans safer from the cannot in good conscience support it. must necessarily be unreasonable. scourge of international and domestic Second, the conference removed sev- Second, I note that this provision terrorism. eral of the most effective antiterrorism permits a Federal court to grant a peti- Mr. WARNER. Mr. President, I rise measures that were included in the tion for habeas corpus if the State in support of this conference report Senate version of the bill. These in- court decision was contrary to Federal which embodies compromise clude giving the FBI the ability to em- law. I interpret this language to mean antiterrorism and anticrime legisla- ploy court-approved multipoint wire- that a Federal court may grant habeas tion. I recognize that many Members taps, adding terrorism crimes to the corpus—on a first petition—any time would like to see additional provisions list of those for which wiretaps can be that a State court incorrectly inter- added. We have waited too long, how- approved, including terrorism crimes prets Federal law and that error is ma- ever, to allow this opportunity to pass under RICO statutes, and permitting terial to the case. In other words, if the without enacting legislation which will the use of military expertise to cope State court’s interpretation of the U.S. help us avoid additional disasters such with either chemical or biological Constitution is wrong, this standard as Oklahoma City and the World Trade weapons of mass destruction. Without authorizes the Federal courts to over- Center bombings. I thus support this these provisions, I believe that the bill turn that interpretation. conference report as it stands and will has been severely compromised and, in The provision in the bill refers to continue to work to pass additional the process, the chance to do some- ‘‘clearly established Federal law, as de- measures which will combat terrorism, thing truly meaningful about domestic termined by the Supreme Court of the whether sponsored by foreign entities and international terrorism in this bill United States.’’ I understand this pro- or by domestic extremists. has been lost. vision to refer to the whole body of Su- This bill provides $1 billion for en- Accordingly, I believe that the con- preme Court jurisprudence on sub- hanced law enforcement efforts, both ference report fails to correct the defi- stantive and procedural rights. If the at the Federal and State levels, to ciencies of the legislation that left the Supreme Court has adopted a clear rule

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3466 CONGRESSIONAL RECORD — SENATE April 17, 1996 of law and that rule has been consist- Let me be real clear about this. This quires that if the Attorney General au- ently interpreted and applied by the provision was not in the Senate bill. It thorizes an emergency wiretap for any courts of appeals, that rule—and its was offered by Senator LIEBERMAN, and one of those three circumstances I consistent interpretation and applica- it was strongly supported by many in mentioned, they must nonetheless go tion—would prevail in habeas corpus this body. But it was not in the origi- before a Federal judge within 48 hours proceedings. nal Senate bill. and make a case that probable cause In sum, Mr. President, I believe that This provision incorporates the exists for this wiretap prior to the au- this standard can be interpreted in a President’s proposal to expand emer- thorization of the wiretap, prior to the manner that is consistent with the fun- gency wiretap authority. Today, emer- time the tap started. Prior to that damental duty of the Federal courts to gency wiretap authority is available time, they have to prove there is prob- act as the final interpreters of the for organized crime cases. This pro- able cause that the subject was com- meaning of the U.S. Constitution, and posal simply makes it available for ter- mitting a specific crime. The officials to protect the constitutional rights of rorism cases. This proposal says that also must convince the judge that they Americans. what is fair for the mob is fair for could not have completed the nec- UNANIMOUS-CONSENT AGREEMENT Hamas. What is good for John Gotti is essary application prior to beginning Mr. HATCH. Mr. President, I ask good for any terrorist from abroad. the wiretap. unanimous consent that the only re- What is good for those involved in or- And, of course, if the judge concludes maining motions to recommit in order ganized crime is good for terrorists. If that either they could have completed to the pending conference report be the the justification exists for organized the application in the necessary time following: Two additional Biden mo- crime in and the mob, why does it not or that there was no probable cause at tions; further, that the motions be lim- exist for crimes of terrorism? the outset, then none of the evidence, ited to the restrictions previously Let me first explain what an emer- no matter how incriminating, that is agreed to, and that following the de- gency wiretap is, because understand- acquired as a consequence of the emer- bate on all motions and the conference ably a lot of people—I know many, like gency tap can be used in court against report, the Senate proceed to vote on the Senator from Utah and the Senator the target. If the judge does not buy it, or in relation to the pending motions, from Pennsylvania, Senator SPECTER, enforcement will have blown their to be followed by a vote on the adop- and the Senator from Vermont, Sen- case. Not only must the wiretap stop, tion of the conference report, all with- ator LEAHY, all former prosecutors un- but none of the evidence obtained by out any intervening action or debate, derstand these wiretap requirements, the tap can be used against the target. with the exception of using 6 minutes, but many do not. This is a powerful check on the Gov- equally divided, for debate prior to the An emergency wiretap—I will explain ernment’s power. You can bet that final passage vote. more precisely not only what it is but they are not just going to go around The PRESIDING OFFICER. Is there how it is limited. First of all, in all willy-nilly exercising—the top three of- objection? cases—or in most cases—the Govern- ficials of the Justice Department— Without objection, it is so ordered. ment must go to a judge to get a court emergency authority because, if they order before it can initiate a wiretap. do, they will lose their evidence if they MOTION TO RECOMMIT But at the same time, Congress recog- turn out to be wrong, which means Mr. BIDEN. Mr. President, I am of- nized there are emergency situations they will lose their case, which means fering a motion to recommit the con- where time is of the essence and that the bad guys go free and all the time ference report with instructions to add completing the necessary paperwork investigating up to that point will have provisions relating to a third type of and getting the judge’s order will sim- been wasted and blown. That is not wiretap that was deleted, referred to as ply take longer than the situation al- what law enforcement wants. an emergency wiretap. lows. I want to repeat. Why, if we give this I send the motion to recommit the I have gone through today probably a authority, this very limited and pro- conference report to the desk. half hour’s worth laying out precisely scribed emergency authority to the The PRESIDING OFFICER. The the safeguards built into getting a Government, to the prosecutors, to the clerk will report. wiretap for a crime that is listed in the Attorney General of the United States, The legislative clerk read as follows: Criminal Code as being able to get a to deal with organized crime, why does The Senator from Delaware [Mr. BIDEN] wiretap for, and how long and difficult it not make sense to allow them to moves to recommit the conference report on the process is and should be. But the deal with Hamas or deal with a ter- the bill S. 735 to the committee of conference Congress in the past has recognized with instructions to the managers on the rorist organization? part of the Senate to disagree to the con- that there are situations under current The last time I looked, the Mafia had ference substitute recommended by the com- law which allow the Government to not blown up a Federal building. The mittee of conference and insist on inserting initiate a wiretap without a court last time I looked, the Mafia had not the following: order. Here are the circumstances: blown up the World Trade tower. They SEC. . REVISION TO EXISTING AUTHORITY FOR where immediate danger, death, or se- are real bad guys, and I have spent the EMERGENCY WIRETAPS. rious physical injury exists; where con- bulk of my career as a U.S. Senator on (a) Section 2518(7)(a)(iii) of title 18, United spiratorial activities threaten the na- both the Intelligence Committee and States Code, is amended by inserting ‘‘or do- tional security, or a conspiratorial ac- the Judiciary Committee passing laws mestic terrorism or international terrorism tivity characteristic of organized crime and working to nail the Mafia. But if (as those terms are defined in 18 U.S.C. 2331)’’ after ‘‘organized crime’’. activities exist. an emergency wiretap is good enough (b) Section 2331 of title 18, United States Only the top three Justice Depart- for John Gotti, why is it not good Code is amended by inserting the following ment officials—the Attorney General, enough for the Unabomber? If the words after subsection (4): the Deputy Attorney General, and the emergency wiretap is good enough for ‘‘(5) the term ‘domestic terrorism’ means Associate Attorney General—have the John Gotti, why is it not good enough any activities that involve violent acts or authority under the present law to for some wacko who blows up or is acts dangerous to human life that are a vio- issue or to authorize any emergency about to blow up a Federal building in lation of the criminal laws of the United wiretap. Wilmington, DE, or Washington, DC? States or of any State and which appear to If the law stopped there, I would be intended to intimidate or coerce a civilian I want to repeat. To give this author- population or to influence the policy of a agree with those who object to this ity to the Government when it comes government by intimidation or coercion; or amendment. I would agree that it does to organized crime, why not for terror- to affect the conduct of a government by as- not go far enough to protect our civil ists? sassination or kidnapping.’’. liberties if all it said was one of the Of course, wiretapping is a powerful (c) This section shall be effective one day three top the Justice Department offi- and intrusive tool. That is why the cur- after enactment of this Act. cials can initiate a wiretap. But the rent wiretap statute contains a number Mr. BIDEN. Mr. President, I do not law does not stop there now. It does of restrictions to prevent the abuse of plan on taking the entire allotted time not allow Federal officials to operate emergency wiretaps, none of which on this side with this motion. on their own for long. Indeed, it re- would be changed by this amendment.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3467 Let me repeat. Only the top officials The PRESIDING OFFICER (Mr. BEN- know these people. I know what won- at Justice—the top three, those who NETT). The Senator from Utah. derful people they are. I know how have the most at stake in an investiga- Mr. HATCH. Mr. President, again, in much they risk their lives for you and tion being blown by bad evidence—can the real world, in the case of the me. But we do not need this authority authorize such a tap. Even then, they Unabomber or a terrorist where there in order to do emergency wiretaps in have to go to the court within 48 hours is a real threat or an immediate con- these particular areas. and must adhere to all the strict guide- cern, you do not need this provision to At this point, I should like to yield 5 lines for getting a court order in the get an emergency wiretap. All the Sen- minutes to the distinguished Senator first instance. If they do not get the ator’s motion does is expand the num- from California, who has asked me for court order, none of the evidence is ber of crimes that would trigger the some time. able to be used. wiretap statute. This amendment was The PRESIDING OFFICER. The Sen- Let me emphasize. This amendment offered during the Senate debate. It ator from California. does not in any way weaken what the was defeated. It was not a part of the Mrs. FEINSTEIN. Mr. President, I Government must show to get a wire- Senate bill. It was not a part of the very much thank the distinguished tap order. Law enforcement still must House bill. It is not a part of our con- chairman of the Judiciary Committee show that some particular person has ference report, and rightly so. I oppose for this opportunity. I did have an op- or is about to commit some particular this provision that could expand emer- portunity to speak yesterday, but crime. And this provision only applies gency wiretap authority to permit the there is something I omitted to say to cases of international domestic ter- Government to begin a wiretap prior to that I very much felt was part of this rorism, which is further defined as—let obtaining court approval in a greater discussion. me define what this would apply to and range of cases than the law presently What happened in Oklahoma City only what it would apply to: activities allows. I personally find this proposal was brought home to us in California that involve violent acts, or acts dan- troubling. I am concerned that this last Friday. Early that morning, about gerous to human life, and which appear provision, if enacted, would unneces- 9 o’clock, there was a phone call that to be intended to intimidate or coerce sarily broaden emergency wiretap au- came into the Vacaville headquarters the civilian population, or to influence thority. Under current law, such au- of the Labor Department’s Mine Safety the policy of the Government by in- thority exists when life is in danger, Administration, and the caller said, timidation or coercion, or to affect the when the national security is threat- using some expletives, ‘‘You guys are conduct of a Government by assassina- ened, or when an organized crime con- all dead. Timothy McVeigh lives on.’’ tion or kidnapping. spiracy is involved. In the real world, Later that afternoon, a mine safety Why, if in fact they believe that any we do not need this amendment to get inspector by the name of Gene Ainslie, one of those circumstances exist, emergency wiretap authority, and that who worked with the Department of should they not, with all the safe- is a fact. Labor, was returning from inspecting a guards built in, be able to get an emer- Let me also say that this authority is mine in Sierra County and he dropped gency wiretap? constrained by a requirement that sur- off his official car. He got into his pick- Let me say, although I have no illu- veillance be approved by the Court up truck, met his wife, started out on sions that this will pass, that I hope we within 48 hours, but that authority al- Interstate 80 to return to Sacramento, will continue to demonstrate by the ready exists in those areas I have ad- and the pickup truck exploded. A bomb votes we have heretofore—over 45 and dressed. as many as 48 of our 100 colleagues felt Now, this proposal of the distin- had been placed on that truck. strongly about these issues. These are guished Senator from Delaware would Gene and Rita Ainslie are hospital- not frivolous undertakings. These are expand those powers to any conspira- ized today in serious condition—actu- not frivolous motions. All but one of torial activity characteristic of domes- ally, today is their 32d wedding anni- the amendments I have offered, I be- tic or international terrorism. I do not versary—Gene, with shrapnel in his lieve, has gotten over 40 votes. I think think that expansion is necessary to ef- legs and severe burns, and his wife with they have all gotten over 45 votes, so fectively battle the threat of terrorism. a broken ankle and a dislocated hip, we are pretty evenly divided on this. I You can get that emergency authority but they survived. I and every Member just want to make sure that before now. In the Unabomber case, no ques- of this body send them our fondest final vote on this conference report, tion; when terrorist acts are threat- greetings and let them know that our that I do everything in my power to ened, no question. I think that the hearts and thoughts are with them make this a much more useful tool in opinion of many, many experts would both. fighting terrorism. agree with this analysis. This was not a random act of vio- Again, I know my colleague—and I Now, it is also very important to lence. It was not a deranged individual respect him—is going to say if this note that it is not 35 conservatives on a shooting spree. It was a deliberate passes it will kill the bill. I cannot be- over in the House that are against this. and, once again, targeted attack on a lieve that this will kill the bill. If we The vast majority of people against representative of the U.S. Government, cannot put 35, or whatever number that this amendment happen to be liberals an attack that was aimed at murdering is the number quoted by the House, who are very concerned with an unwar- a Federal employee. This is not an iso- Members of the House in the position ranted expansion of wiretap authority lated incident, and we have all seen where they have to yield on what and surveillance authority. I have to them happening. There will be a study would be an incredibly strong bill only say now there is an increasing number that will released very shortly, an an- because they are worried that we now of libertarian conservatives who are be- nual study of terrorism. And what it allow terrorists to be treated the same coming more concerned over law en- will show is that, for the first time, the way as John Gotti and the mob, then I forcement and some of the approaches United States of America is listed think—I doubt whether they will vote that have been taken. I personally be- among the top 20 nations experiencing that way because I doubt whether lieve that those concerns are not justi- the highest level of terrorism and po- many of their constituents will keep fied. litical violence in the world. them around if they vote that way. On the other hand, they are legiti- I was shocked when I heard this. Ac- And quite frankly, if they vote that mate concerns, and they arise pri- cording to the study, there were 44 in- way, it is best for all to see. If they marily out of the Waco and Ruby Ridge cidents reported to the authorities in vote that way and defeat the con- and Good Ol’ Boys Roundup, and other the United States, an increase of 200 ference report, we could come back types of law enforcement mistakes percent since 1988. With this number of with an amended report and pass what that really were made. I have called incidents, according to this study, we we have. So this will not kill the bill, them mistakes. Some people have felt ranked ahead of Lebanon. but I am sure that is going to be stat- that they should be characterized a lit- I only say this because of the par- ed. tle stronger than that. ticular pertinence of the legislation be- I reserve the remainder of my time. Frankly, I am proud of the law en- fore us today. We relate the legislation Mr. HATCH addressed the Chair. forcement agencies of this country. I to the Oklahoma City bombing a year

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3468 CONGRESSIONAL RECORD — SENATE April 17, 1996 ago, but in fact even last Friday an in- I offer a motion to recommit the con- delete the study of the police in this cident took place in the State of Cali- ference report with instructions to de- bill. I think it is more of an affront fornia. lete the section relating to the study of than it is a substantive problem. If we I think we also need to look at what Federal law enforcement. Senator do not delete this, we will be faced with is happening in our society that is fos- KOHL of Wisconsin wishes to be added a conference report that studies cops tering so much hatred and disregard as a cosponsor as does, I believe, al- but not terrorists. for human life, and what can be done to though I am not certain, Senator Let us remember who has literally restore the values of justice and re- NUNN. I will check that. But Senator laid down their lives in the defense of spect for the rule of law that really KOHL for certain. our Nation and our way of life. It is the made this the greatest democracy on I send a motion to recommit the con- Federal law enforcement officers, not Earth. ference report to the desk. the terrorists. This study will provide I do not believe this is about restor- The PRESIDING OFFICER. The nothing but a forum for those who be- ing faith in our Government. I do not clerk will report. lieve the Federal law enforcement is believe right thinking people resort to The bill clerk read as follows: the enemy of the American people and this kind of violence because they The Senator from Delaware, [Mr. BIDEN], not the protectors. We are unwittingly think they pay too much in taxes or moves to recommit the conference report on aiding and abetting that notion by de- because they are angry at Government the bill S. 735 to the committee of conference ciding that, in a terrorism bill, we are red tape. I think there really is no jus- with instructions. going to study the cops. tification and no rationale for this Mr. BIDEN. Mr. President, I ask The study says, section 806, Commis- kind of behavior. unanimous consent that reading of the sion on the Advancement of Federal But what does concern me is that the motion be dispensed with. Law Enforcement. report I get from California is that The PRESIDING OFFICER. Without (a) ESTABLISHMENT.—There is established a there are very disspirited Federal em- objection, it is so ordered. commission to be known as the ‘‘Commission ployees, that morale is low, and that The motion is as follows: on the Advancement of Federal Law Enforce- some, for example those affected by the Motion to recommit the conference report ment’’ (hereinafter in this section referred to bomb last Friday, really do not know on the bill S. 735 to the committee of con- as the ‘‘Commission’’). that anybody cares about them. And ference with instructions to the managers on (b) DUTIES.—The Commission shall review, what I want them to know, and I know the part of the Senate to disagree to the con- ascertain, evaluate, report, and recommend action to the Congress on the following mat- I am joined by every Member of this ference substitute recommended by the com- mittee of conference and insist on deleting ters: Senate, is that, in fact, we do care (1) The Federal law enforcement priorities the text of section 806 of the conference re- about them. We do know that Federal for the 21st century, including Federal law port. employees—every member of the Army enforcement capability to investigate and and the Navy who went to the Gulf war Mr. BIDEN. Mr. President, just for deter adequately the threat of terrorism fac- was a Federal employee, every park of- the sake of discussion, if there were 10 ing the United States. ficial is a Federal employee—these peo- very important provisions in this bill (2) In general, the manner in which signifi- ple take the job not for the money, cer- when we passed it out of the Senate, it cant Federal criminal law enforcement oper- ations are conceived, planned, coordinated, tainly, but because this is the way they has come back to us with 4—I am not being literal—with fewer than we sent and executed. want to serve their Nation. (3) The standards and procedures used by They are entitled to respect, and it is over. Fewer than 50 percent of the pro- Federal law enforcement to carry out signifi- our job to see that they have that re- visions that I think are important in cant Federal criminal law enforcement . . . spect. So, as we pass this bill, which I this bill remain in the bill. (4) The investigation and handling of spe- hope we will do shortly, as a kind of In truth, when the Senator and I got cific law enforcement cases . . . living memorial to what happened in to conference, there were probably only (5) The necessity for the present number of Oklahoma City, I think we have to do 10 percent of the provisions we thought Federal law enforcement agencies and units. it with a view that these events are important in the bill. To the credit of Get that? We are going to study the taking place in this Nation daily, just the Senator from Utah, he was able to necessity, the necessity of the present as it happened last Friday near Sac- get back additional provisions in the number of law enforcement agents and ramento and Vacaville in the State of bill. For that I compliment him. agencies. What is the implication of California. What I have been fighting about all that? The implication of that is there I say to Gene Ainslie, 56 years old, afternoon here is trying to add back are some bad law enforcement agencies celebrating his 32d anniversary today provisions that I think were mindlessly out there. I assume this is the right’s with his wife Rita, and all those who removed and removed tools that we attempt to go after the Alcohol, To- labor as part of the Federal Govern- could make available to law enforce- bacco and Firearms. I do not know. ment, that we Americans do respect ment to protect my children and me That is who we are studying. We are them, that we do honor them, and we and all of us in this Chamber and going to study the cops, not the terror- will do everything in our power to see around this country. ists. that this kind of behavior is not in- This is the one portion of the con- We have to study the location and ef- flamed, but rather it is put to an end. ference report that I am seeking to de- ficacy of the office or entire entity re- The PRESIDING OFFICER. The Sen- lete that has made the bill worse than sponsible, aside from the President, for ator from Utah has 5 minutes and 13 when it went out of here. Up to now I the coordination of interagency bases seconds. have been arguing that we sent a bill of operation, programs and activities of Mr. HATCH. Is there any other time out of here with a lot of good things all Federal law enforcement agencies. remaining? that the House stripped out and I want- It goes on, by the way, for another The PRESIDING OFFICER. The Sen- ed to put them back in. Not only did half a dozen sections. ator from Delaware has 4 minutes and the House take out the bulk of the Think about this. Many of us were 9 seconds. really good things that were invaluable local officials before we came here. Mr. HATCH. I am prepared to yield to fight terrorism, but it added some How many times did a very small seg- back the remainder of my time. things which I think are counter- ment of our community come to tell us Mr. BIDEN. I am prepared to yield productive. One of them is pandering to that we had to set up commissions and back the remainder of my time. this concern of some Americans that we had to set up outside organizations, Mr. HATCH. Then we will both yield the bad guys are the cops, the bad guys we had to set up police review boards, the remainder of our time. are the Government, the bad guys are and so on, because they did not like the Can we proceed to the next amend- the FBI or the ATF or the Justice De- cops? Sometimes it was necessary. But ment? partment. remember how good cops responded to MOTION TO RECOMMIT I do not believe we should go forward this. Mr. BIDEN. Mr. President, my col- with an antiterrorism bill that has a I spoke with Director Louis Freeh leagues will know this is the last mo- study in it only of police and not ter- today. He called me—the Director of tion I have. rorists. For that reason, I propose to the FBI. Of every single thing in the

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3469 bill, this is the thing that most con- I think this is humiliating, abso- nology from undermining our wiretap cerns him because of what it says to lutely humiliating. Disqualifications: laws. The conferees prohibited the the American people about what we in you are disqualified if you are an offi- military from using its resources to the Congress think about our law en- cer or an employee of the United help fight chemical and biological forcement agencies, the very people States of America. That means any weapons. who probably have captured the military person could not be on the And the conference also added some Unabomber; the very people who have commission; it means the Chairman of troubling items. For example, our sub- gotten hold of, apparently, the man or the Joint Chiefs of Staff could not be committee held 14 days of hearings on men who blew up the World Trade Cen- put on the commission. Ruby Ridge and issued a report that ter, as well as the Federal building in This is disturbing, and if you doubt was praised across the political spec- Oklahoma City; the very people who, what I am saying after this is over or trum—by Janet Reno and by militia just a couple of weeks ago, outside of before we vote, pick up the phone, call leaders. So why do we need to have a my State in neighboring Pennsylvania, Louis Freeh, call any of the police offi- so-called Commission reopen this mat- were shot down dead, protecting people cers you know and respect, call the ter? Similarly, why does a study of in Philadelphia—FBI agents, the very people we count on to protect our lives cop-killer bullets suddenly appear in people who, increasingly, are losing that we are studying them. this bill? Is this really necessary? Is it their lives fighting crime and ter- I see my friend from Utah is on his really an important part of our fight rorism. feet, and my friend from Wisconsin who against terrorism? These are the people who we are wishes to speak in favor of this motion I believe the answer is no. going to investigate. There is not even is here. I will be happy to yield to ei- The best arguments against the mo- a parallel study in here to investigate ther one of them. How much time re- tions to recommit seem to be this: malicious, to investigate organizations mains under my control, Mr. Presi- Don’t let the perfect be the enemy of that, in fact, raise questions, to inves- dent? the expedient. Or we have to accept the tigate—separate issue—terrorist, per The PRESIDING OFFICER. Three bad in this bill to finally enact some of se, organizations. We are going to in- minutes 50 seconds. the good. vestigate the cops. Mr. BIDEN. I yield the remainder of Well, in a certain sense that is true. I can remember the years during the the time to the distinguished Senator But America should clearly understand Reagan era. We talked about how de- from Wisconsin. that this is not what we here in the moralized the military felt and, to The PRESIDING OFFICER. The Sen- Senate agreed to. America should know Reagan’s great credit, in my view, one ator from Wisconsin. that this legislation has been used to of the things I agreed with him on is he Mr. KOHL. I thank my friend from forward a political agenda that does built up the morale of the military, Delaware. not advance the cause of preventing after years of being beaten about the Mr. President, I rise to speak in sup- terrorist acts. America should under- head after Vietnam. port of this motion to recommit, and I stand that while this bill does some- These guys need our support, Mr. also want to speak generally about the thing for the memories of the Okla- President. These women need our sup- terrorism measure before us. In sum, homa City victims, it could have done port. They do not need us yielding to we should approve this legislation be- much more. the NRA and others insisting on a cause it is the best we are likely to get So I will support this conference re- study—a study of them in a terrorism and the best we can do for the victims port—on balance it is better than no bill. of the Oklahoma City bombing. But I bill at all—and I yield the floor. That is the study we are going to believe the record should be clear that The PRESIDING OFFICER. The Sen- make. We are fighting terrorism, and we should have done better. ator from Utah. every law Federal law enforcement of- For many years, we have watched Mr. HATCH. Mr. President, this Com- ficer in the Nation, guarantee you, with growing concern as terrorist vio- mission will explore issues surrounding knows that we spend an entire page of lence has escalated and reached closer the future and mission of Federal law this bill—that is not true, half a page to our homes. We can no longer ignore enforcement as we enter the 21st cen- of this bill—laying out extensively the fact that post-cold war violence tury. Among other things, the Commis- what we are going to study, the people knows no borders, and respects no dis- sion will assess our efforts to prevent we are going to appoint to study this tinction between soldiers and inno- and investigate future acts of domestic and, listen to this: cents. and international terrorism. It will (1) NUMBER AND APPOINTMENT.—The Com- mission shall be composed of 5 members ap- For that reason, Senators BIDEN and consider the pressing issues facing law pointed— SPECTER and myself introduced legisla- enforcement as crime rates rise and as By whom? tion to fight international terrorism criminals become more sophisticated. One member appointed by the Presi- last February. We broadened our legis- I appreciate the fact that the law en- dent pro tempore in the Senate; one by lation to reach domestic terrorism forcement community is sensitive to the minority leader of the Senate; one after Oklahoma City. And building on this sort of review, but this Commis- by the Speaker of the House; one ap- this, the Senate overwhelmingly sup- sion is different in focus, and we made pointed by the minority leader of the ported a strong, bipartisan proposal. it different in focus in the conference House; one member who shall chair the That is not the proposal we are de- from the House-passed version. What Commission will be appointed by the bating, however, today. We are now was once a Waco-Ruby Ridge Commis- Chief Justice of the Supreme Court. considering a version of that bill which sion with subpoena power is now a (2) DISQUALIFICATION.—A person who is an is far more watered down. Commission to help Congress set Fed- officer or employee of the United States Still, if we cannot enact a strong and eral law enforcement priorities for the shall not be appointed a member of the Com- decisive antiterrorism bill, this meas- 21st century. It is a Commission which, mission. ure will do at least some good. For ex- in my opinion, will help law enforce- How is that? Why cannot someone ample, it will still provide law enforce- ment. I must say to my friends in the who is an officer of the U.S. Govern- ment with new weapons to choke off law enforcement community that I ment—what a field day these wacko terrorist fundraising, new powers to de- only learned of their concerns after the Freemen out in Montana are going to port suspected terrorists, and the abil- report was filed. If there are specific have when we pass this. I promise you, ity to ‘‘tag’’ plastic explosives. All of areas of the Commission’s scope which they are going to hold this up—some of these provisions will help reduce the are truly troublesome, I will work with them, may not be those guys—but threat of terrorism, all are constitu- them to try to address their concerns. other wackos and say, ‘‘See, we’re tional, and in their entirety they make It should be noted that the last time right, the U.S. Congress thinks we have this measure worth saving. a Commission looked at Federal law to study these people, and they don’t Unfortunately, other parts of the enforcement was over 60 years ago in even trust them enough to allow any conference report are more problem- 1931. In that year, the Commission on Federal Government employee in any atic. The conferees deleted Senate pro- Law Observance and Enforcement, es- capacity to be on the commission.’’ visions that would prevent new tech- tablished by President Hoover, better

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3470 CONGRESSIONAL RECORD — SENATE April 17, 1996 known as the Wickersham Commission, sure of their testimony would be very When you talk about inmates lan- made public its recommendations to harmful to ongoing law enforcement guishing on death row for up to 17 Congress. efforts. years, you are talking about a problem In a report signed by its chair, We do have an unclassified summary, for the system, you are talking about a former Attorney General Wickersham, included in an amendment offered by problem for law enforcement, you are the Commission concluded that the Senator SIMON and myself, and I think talking about a problem for the vic- growth of interstate crime, an inter- that is about as far as we can go. But tims’ relatives, and you are also talk- state organized crime network, and I believe we have to watch how the act ing about a problem for the defendants interstate property and economic works on this expedited deportation themselves on death row. criminal activities, mandated the need proceeding in the absence of a con- The European Court on Human for an increased Federal role in law en- frontation right. Rights decided that it was cruel and forcement. The restrictions on fundraising are barbarous treatment, cruel and inhu- At that time, the findings and rec- also important. I have some concern mane treatment, to keep someone on ommendations of that Commission about the limited judicial review, but death row for 6 to 8 years. There was an were truly a major contribution to the on balance, this legislation against ter- extradition case which came up where fight against crime in this country. rorism is very, very important. I am somebody was accused of murder in the There is more I have to say on this. glad to see that we are finally acting first degree in Virginia, which had the At the appropriate time, I will move to on it. death penalty, and extradition was Attached to this terrorism bill, Mr. table both of the Biden motions, be- sought from Germany. The Court de- President, are provisions relating to cause this Commission is thought to be nied extradition on the ground that it modifications of habeas corpus which extremely critical by people in the would be cruel, barbarous, and unusual limit the time for appeals on death House. We have bona fide it to make it treatment to keep someone in jail for penalty cases. This has been a long more palatable to those who object to lengthy periods of time, for 6 to 8 time in coming to this country. It is it, and I believe we bona fide it to a de- something that I have worked on per- years. Obviously, 17 years is an exten- gree that it can be acceptable. sonally for more than a decade, based sion of the time which was held to be On the other hand, we will continue upon the experience I had as the dis- cruel and barbarous treatment. to look at this language after this bill This bill provides a limitation on trict attorney of Philadelphia. We cur- is passed, and I will continue to listen time so that the district court must de- rently have the death penalty applied to law enforcement and others who are and then there are delays of up to 17 cide the case within 180 days, 120 days concerned and see what we can do to years while the cases languish in the for brief and hearing, and 60 days for resolve their concerns. Federal courts. Most of the arguments decision. I have been involved in these I am pleased to yield 10 minutes to about these provisions are made by cases in the State court. I have been the distinguished Senator from Penn- people who are opposed to the death involved in habeas corpus proceedings sylvania. penalty. The lengthy appeals process in as a trial counsel in the Federal court. Mr. SPECTER addressed the Chair. the Federal court has, in effect, de- What the judges do is put these cases The PRESIDING OFFICER. The Sen- feated the deterrent effect of the death on the back shelf. There is no reason ator from Pennsylvania. penalty. they cannot give these cases priority Mr. SPECTER. Mr. President, I I am personally convinced, Mr. Presi- treatment. Now they will have to. The thank the distinguished chairman of dent, that the death penalty is a deter- Congress of the United States recog- the Judiciary Committee for yielding rent. I saw many cases in my 12-year nizes judicial independence on what this time. tenure in the Philadelphia district at- judges decide, but in terms of time- I support this legislation because I torney’s office, 4 years as an assistant table, we have the authority to estab- think it makes important improve- DA trying murder cases and 8 years as lish timetables, and we have done so ments in our fight against terrorism district attorney, arguing appellate under the Speedy Trial Act of years and also in our fight against violent cases where the death penalty was im- ago. Even in the jurisdictions which crime in the United States. posed, and I am convinced that profes- have a tremendous number of death The additional $1 billion will be an sional burglars do not carry weapons penalty cases, like Texas, California, enormous help to the FBI and law en- for fear of the death penalty when it is and Florida, the judge does not have forcement officials to fight terrorism. timely. But the only way a deterrent more than one of these cases every The Subcommittee on Terrorism, can be effective is if it is certain and year and a half. So they can put these which I chair in the Judiciary Com- reasonably swift. The time limits es- on the expedited trial list. mittee, held extensive hearings after tablished in this bill are very, very im- This bill also provides that there will the Oklahoma City bombing. There is portant. They break new ground. not be repetitive decisions, because the absolutely no doubt about the need for I first offered these time limits, Mr. court of appeals will be the gatekeeper. more resources by the FBI. The FBI President, in 1990. After a long, tough Mr. President, I inquire how much Terrorism Center will provide a clear- debate we got these time limits estab- time I have remaining of my 10 min- inghouse which will be of enormous aid lished by a 52-to-46 vote. They were in- utes. and assistance. corporated again in 1991, passed by a The PRESIDING OFFICER. The Sen- As is frequently the case, the bill is narrow vote of 58 to 40. In 1993, habeas ator has 2 minutes. not entirely to my liking or the liking corpus was left out of the crime bill, Mr. SPECTER. That tells me how of anyone. There are a couple of provi- and I offered these provisions. They brief I have to be. sions which concern me that I want to were defeated on a motion to table. We have had repetitive petitions comment about because they may be Senator HATCH and I later collaborated filed. They have been a major irritant cured at a later date. on the Specter-Hatch bill. It is not too in the Federal court system. The idea On the provision relating to expe- easy to come ahead of Senator HATCH of the Court of Appeals as a gatekeeper dited deportation, I am concerned on a bill, but I did. Senate bill 623 es- came to me from a law school class- about the absence of a right of con- tablished those time limits and they mate, Judge Jon Newman, chief judge frontation. There is a constitutional are incorporated into this final bill. of the Court of Appeals for the Second right to confront your accuser in a They will require that anyone on death Circuit. criminal case. A deportation pro- row has to file a habeas corpus pro- I am concerned, Mr. President, about ceeding is not a criminal case. It is de- ceeding within 6 months if counsel is a couple of provisions. I think the bill fined as a civil case, but the con- provided, under State law, or within 1 is too restrictive in limiting the ability sequences are extreme because a person year if counsel is not provided. to present a claim of innocence, requir- is ousted from the country. There are Mr. President, I think that we should ing that it be proved by clear and con- very important policy considerations have included provisions for counsel. vincing evidence. I joined Senator to not allowing the right of confronta- They are not in this bill. I think that LEVIN in seeking to change that stand- tion because many of the witnesses are is a serious mistake. I hope it is a mis- ard. But the reality is that the stand- confidential informants and the disclo- take we can correct at a later time. ard of proof is a very variable thing. I

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3471 think if it is established innocence, it crime prevention programs and other satisfied when the Pennsylvania Su- may not make a whole lot of practical means of steering juveniles away from preme Court denied review. Peoples difference, but I think clear and con- drugs and crime. then appealed to the U.S. Supreme vincing evidence is too high a standard Based on my personal experience as Court, which granted review—making from a theoretical point of view. an assistant district attorney and as the case 1 of just 147 it heard that year Similarly, I do not favor the def- district attorney of Philadelphia, I am out of over 4,550 petitions for Supreme erence which is allowed to the State convinced that the death penalty is an Court review—and reversed the third court decision, requiring that it has to effective deterrent to violent crime. circuit. On remand, the third circuit be unreasonable in order for the Fed- Criminal justice experts agree that in issued a complicated ruling finding eral court to overturn it. But I think in order for any penalty to be effective as that Peoples’ habeas petition contained a Federal habeas corpus proceeding, if a deterrent, it must be swift and cer- both exhausted and unexhausted the court thinks it is unreasonable, it tain. When years pass between the claims and sent the case back to the will be able to overturn the decision, commission of the crime and the car- district court. Years were spent consid- notwithstanding a standard that is rying out of the sentence, the link be- ering just this initial procedural hurdle really not as precise as it ought to be. tween crime and punishment is broken. of exhaustion. I believe we would have I think the exhaustion requirement The great writ of habeas corpus is been better served had the courts sim- is misplaced here. We would be better the means by which criminal convic- ply reviewed the substance of Peoples’ off without it. But the net effect, Mr. tions and sentences in State court are claims. President, is that this legislation is reviewed in Federal court to ensure Another problem causing the exces- very good legislation taken as a whole. that the trial satisfied the require- sive delay in carrying out death sen- It will help out on terrorism with the ments of the U.S. Constitution. It has tences has been the ability of inmates additional resources. We have a tre- been an indispensable safeguard of con- to file repeated habeas corpus peti- mendous problem in this country with stitutional rights in this country, espe- tions. Once again, I turn to an example the potential for terrorism. We have cially since the 1930’s when the Su- I have often discussed with my col- seen it in the World Trade Center preme Court began reviewing State- leagues, the case of Robert Alton Har- bombing. We have seen it in Oklahoma court convictions in cases like the ris. After being convicted of a double City. In my capacity as the chairman Scottsboro case. Unfortunately, the murder in a California court in 1980, of the Senate Intelligence Committee, Federal courts have gone too far in ha- Harris filed over the next 14 years 10 I see a lot of problems which we cannot beas corpus cases. These cases drag on petitions for State post-conviction re- discuss openly, but we can move for the for years, and there is no end to them, lief and five Federal petitions for ha- additional resources. as inmates, especially those on death beas corpus. The Supreme Court of the On law enforcement, the death pen- row with nothing to lose, file endless United States considered 11 different alty is the law of the land in 37 juris- rounds of petitions. applications relating to the Harris dictions in this country. It is favored There is no statute of limitations for case. Many of the petitions Harris filed by more than 70 percent of the Amer- filing habeas corpus petitions. This contained similar or overlapping ican people. If States do not want it, leads inmates who have been sentenced claims, although none raised doubts they do not have to have it. But the to death to wait until they are facing about his guilt. Finally, after 14 years, States that do have it ought to have it their imminent execution before filing Harris was executed. I regret to say enforced. I think the overwhelming their habeas corpus petition in Federal that the Harris case is far from unique weight of authority is that it is a de- court. An example of this abuse is the in its multiple habeas corpus filings. Abuse of the writ of habeas corpus terrent. These provisions are fair to case of Stephen Duffey in Pennsyl- has led to the death penalty being not the defendant. The European Court on vania. Duffey murdered his victim in an effective deterrent, but a mockery. Human Rights held it cruel and un- 1984. His conviction was finally upheld Inmates on death row spend an average usual punishment to impose a delay of by the Pennsylvania courts in 1988. His of over 9 years awaiting execution. And death warrant was not signed until more than 6 to 8 years. may wait much longer, with some So it is fair to the defendant. Cer- 1994, 10 years after the murder. It was cases dragging on 18 or more years. tainly it provides closure for the vic- only when the death warrant was During these periods of lengthy delay tims’ families, and it will reinvigorate signed by the Governor that Duffey in carrying out death sentences, the law enforcement by taking out the ha- first sought habeas corpus review in families of the victims are left in a beas corpus provisions which really Federal court. sense of suspension, unable to put the The requirement that all claims made the death penalty a laughing- tragedy behind them. stock. So in total I think it is a good raised in Federal habeas corpus peti- Putting an end to these excessive bill. tions be presented and fully adju- delays will once again restore vitality I commend all of my colleagues who dicated by State courts has also led to to the death penalty as an effective de- have worked on it in the House. I think excessive delays and unsound rules as terrent to violent crime, which I know we will see passage of something which to whether Federal courts can even from personal experience it is. I have will be very, very significant for law consider a habeas corpus petition. told my colleagues on numerous occa- enforcement in this country. The case of Michael Peoples, which I sions over the past several years about Mr. President, violent crime has been have discussed with my colleagues on the case of Cater, Rivers, and Williams, one of the worst problems faced by the numerous occasions, shows graphically three young hoodlums who I pros- people of our country for several years. how the exhaustion rule leads to exces- ecuted as an assistant district attor- Homicide rates, fueled by illegal drugs, sive formalism and delay. People was ney. These three were planning on rob- spiraled upward in the 1980’s. While the convicted of a vicious robbery in 1981, bing a Philadelphia pharmacy. When rate of violent crime has recently and his conviction was upheld by the Cater and Rivers saw that Williams started to decline, there remains far intermediate Pennsylvania appellate was carrying a revolver, they told him too much violence in our society. And court in 1983. The Pennsylvania Su- they would not participate in the rob- while the violent crime rates are down, preme Court denied review by an order bery if he took the weapon because the future is grim: the rate of murder that did not make it clear whether it they feared the death penalty. Wil- and violent crime committed by chil- was based on the merits or on the liams put the gun in a drawer, but as dren under 17 is soaring, and the num- court’s procedural discretion not to the three were leaving, Williams ber of youth in our society is increas- hear cases that do not present a sub- sneaked it back into his pocket. Wil- ing. Therefore, we may expect another stantial legal issue. Peoples then filed liams used the gun in the commission surge in violent crime unless we take a habeas corpus petition in 1986. The of the robbery to kill Jacob Viner, the action. district court denied the petition for pharmacist. There are many avenues to take to failure to exhaust his State remedies. All three men convicted and sen- curb violent crime. We need a balanced The Court of Appeals for the third cir- tenced to death because, under the law, approach that includes law enforce- cuit then reversed on the ground that Cater and Rivers were equally respon- ment, drug prevention and treatment, the exhaustion requirement had been sible for Viner’s murder as Williams.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3472 CONGRESSIONAL RECORD — SENATE April 17, 1996 Ultimately, Williams was executed, but restrict the ability to file successive Despite the provisions that concern Cater and Rivers had their sentences petitions, impose time limits on Fed- me and the failure of the habeas reform commuted to life imprisonment be- eral court consideration of habeas peti- to include two elements important to a cause they were unaware that Williams tions in capital cases, and encourage fair and comprehensive scheme of ha- had carried the gun. As a prosecutor, States to provide adequate counsel in beas reform, I support the habeas cor- this case was just one of many I en- capital habeas cases. pus reform provisions of this bill. In countered in which burglars and rob- In the wake of the Oklahoma City politics, one learns that the best is the bers refused to carry firearms because bombing, as the Senate developed enemy of the good. Since the restora- they feared the death penalty. antiterrorism legislation, I worked to tion of the death penalty in 1976, we In order to make the death penalty ensure the inclusion in the bill of my have seen its effectiveness as a deter- once again an effective deterrent, I habeas corpus reform legislation. As rent sapped by delays attributable to have actively been attempting to introduced and passed by the Senate, defects in the habeas corpus system. streamline habeas corpus procedures S. 735 includes in full the provisions of The reforms included in this bill, while since 1990. When the Senate considered S. 623. When the House ultimately con- not perfect, will go a long way to re- anticrime legislation that year, I of- sidered its antiterrorism bill, it in- storing vitality to the death penalty as fered with Senator THURMOND an cluded my habeas corpus reform lan- an effective deterrent to violent crime. amendment to reform habeas corpus guage as well. I was therefore willing to sponsor these procedures to speed up and streamline As I mentioned, there are several as- provisions in conjunction with Senator the process. My amendment was adopt- pects of the habeas corpus reform pro- HATCH and am please to see them en- ed by the Senate, 52 to 46, and included visions that I would prefer were dif- acted. They are the culmination of in the final bill. Unfortunately, at the ferent. Most glaringly is the restrictive many years of effort, and I am deeply insistence of the House conferees, the standard of review. The bill continue to satisfied by their adoption. provision was dropped from the con- require deference to State courts’ find- We are, of course, dealing with an ference report adopted the last day of ings of fact. Federal courts will owe no antiterrorism bill, and there are sev- the 101st Congress. deference to State courts’ determina- eral provisions of the bill in addition to In the 102d Congress, I introduced tions of Federal law, which is appro- habeas corpus reform that I want to legislation, S. 19, that was sub- priate in our Federal system. However, address briefly. As chairman of the Ju- stantively identical to the 1990 amend- under the bill deference will be owed to diciary Subcommittee on Terrorism, I ment the Senate had passed. When the State courts’ decisions on the applica- have long been interested in combating Senate considered anticrime legisla- tion of Federal law to the facts. Unless terrorism and have been very active in tion in 1991, however, Senators HATCH it is unreasonable, a State court’s deci- the area. In 1986, I introduced legisla- and THURMOND offered a slightly dif- sion applying the law to the facts will tion that made it a Federal crime to ferent habeas corpus reform amend- be upheld. I am not entirely com- commit a terrorist attack against a ment that was based on my legislation fortable with this restriction, but upon U.S. citizen anywhere in the world. I but included language limiting the reflection I believe that the standard in have also been active in seeking to scope of Federal review of State con- the bill will allow Federal courts suffi- limit diplomatic immunity for ter- victions. After careful consideration, I cient discretion to ensure that convic- rorist acts and for punishing acts of spoke at length in favor of that amend- tions in State court have been obtained terrorism before an international ment and voted for it. This amendment in conformity with the Constitution. criminal court. Earlier this Congress, I also passed the Senate, 58 to 40, and in- I also believe that the formulation in joined Senator BIDEN and Senator cluded in the final bill that passed the the bill is too restrictive in limiting KOHL in introducing S. 390, the fist om- Senate. When the bill went to con- successive petitions when the inmate nibus counterterrorism bill introduced ference, however, the House insisted on raises a claim as to innocence. For this this Congress, 2 months before the its habeas corpus provisions which, reason, I supported Senator LEVIN’s tragic Oklahoma City bombing that rather than reducing delays and amendment when the bill was initially gave the issue such currency, I am pleased that the conference re- streamlining the process, would have considered by the Senate. That amend- port retained my amendment to the allowed for greater delay and more ma- ment, however, was tabled. Senate bill to authorize assistance to nipulation of the process. The con- Finally, I am disappointed by the ab- sence of two provisions from the ha- U.S. allies to support the purchase of ference report that contained that pro- counterterrorism technology if U.S. in- vision was filibustered in the Senate beas corpus reform sections. Since 1990, I have been convinced that we can im- terests are at stake. My original because of its habeas corpus provisions amendment authorized $3 million for prove the process by eliminating the and never came to a vote. this assistance, but in the wake of the exhaustion requirement. I have tried Once again in the 103d Congress, I in- recent terrorist bombings in Israel that repeatedly to do so. Both prosecutors troduced legislation similar to my pre- have put the peace process at risk, the and representatives of the defense bar vious efforts. When the 1993 anticrime amount authorized in the conference bill was debated in the Senate, the have strenuously objected to these ef- report has been increased to $20 mil- managers decided that habeas corpus forts, albeit for different reasons. De- lion. reform was too tough an issue to re- spite my certainty that the bill would I also want to express my support for solve and remove the bill’s habeas pro- be improved had we eliminated the ex- the provision to require the Attorney visions. I strenuously objected and haustion requirement, I am willing to General to study the availability of brought before the Senate a bill I in- move forward without its elimination bombmaking manuals, evaluate wheth- troduced to streamline the process. in the interest of getting habeas corpus er current laws are adequate to address While many of my colleagues wanted reform. I am also concerned that the the problem, and determine whether to see us take action on the bill, it was bill does not establish standards for anything else can be done constitu- tabled in order to keep the habeas issue trial counsel in capital cases. In my tionally. My Judiciary Subcommittee from interfering with efforts, which I previous efforts I had sought to ensure on Terrorism and Technology held a also supported, to secure Federal as- that the States provided adequate hearing on this subject in May 1995. We sistance for police hiring and prison counsel in capital cases at both trial were deeply troubled by what we heard. construction. and in the post-conviction process. Im- I am skeptical that the Government When Republicans took control of proving trial counsel in capital cases is can do anything to restrict such infor- the Senate and House this Congress, I a critical step to making the trial rath- mation without violating the first had high hopes that we would finally er than the habeas proceedings the cen- amendment. I am pleased that the At- be able to resolve the issues that had tral event in death-penalty cases. This torney General, whose representative previously derailed efforts to reform bill, while seeking to ensure adequate testified at our hearing, will study this habeas corpus. Together with Senator counsel for habeas proceedings, does matter and make appropriate rec- HATCH, I introduced legislation, S. 623, nothing to strengthen the minimal ommendations. to impose a statute of limitations on constitutional standard for ensuring The conference report adds a provi- the filing of habeas corpus petitions, adequate counsel at trial. sion to make it a crime to misuse

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3473 human pathogens and other biological When the Senate considered this bill, There is a sufficient second. agents. The terrorist threat from such it included a provision similar to but The yeas and nays were ordered. agents is very real. My Terrorism Sub- narrower than my bill as reported by Mr. DOLE. The first rollcall will be committee is conducting a study on the Judiciary Committee in 1994, allow- 15 minutes, and the next will be 10 min- this issue and the threat from chemical ing suits against foreign nations for utes. agents as well. I know that the Govern- supporting terrorism only if the State The PRESIDING OFFICER. Without mental Affairs Committee has also Department had previously listed the objection, it is so ordered. held hearings on this subject. Recently, defendant nation as a sponsor of ter- Mr. FORD. The third will be 10 min- the full Judiciary Committee held a rorism. The House bill contained a utes. The first vote is 15 minutes, the hearing on the threat posed by the broader provision allowing suit in the next two votes will be 10 minutes each. wrongful use of human pathogens. U.S. against any foreign country that Mr. DOLE. Mr. President, just short After that hearing, I joined several did not provide due process in its own of a year ago, this country was rocked other members of the committee in courts to remedy the injury to an by an attack on the Alfred Murrah writing the President to express our American citizen. Federal Building in Oklahoma City, concern over the gaps in Federal regu- As the conference on this bill began, OK. In the wake of that horrible inci- lation over the distribution of human I wrote to each of the Senate conferees dent, in only a matter of weeks, the pathogens. I am pleased to see the con- urging them to accept the House- Senate responded by passing the Dole- ference report include this provision. passed provision. As the conference Hatch comprehensive antiterrorism The conference report deleted the proceeded, I had thought that an ac- legislation by a vote of 91 to 8 on June Senate-passed provision to authorize ceptable compromise would be reached. 7, 1995. Most of its provisions were the broader use of multipoint wiretaps. I deeply regret that the conference re- drawn from earlier Republican crime I opposed the inclusion of this provi- port rejected any compromise and ad- packages. Over the past month, we sion in the Senate bill and am pleased hered to the Senate’s provision, which have worked in a bipartisan manner to to see that the conferees deleted it. allows the State Department to manip- craft what would surely be the tough- Current law strikes the appropriate ulate those foreign nations that are est antiterrorism bill ever to become balance, and I feared the Senate-passed subject to suit in U.S. courts for injur- law. provision went too far in threatening ing U.S. citizens. Giving the State De- This week, to honor the memory of privacy interests. those who suffered in Oklahoma, the I want to note that, while the con- partment this role is contrary to the rationale of the Foreign Sovereign Im- Congress will send to President Clinton ference report alters the expedited de- this landmark bipartisan antiterrorism portation provisions of the Senate bill, munities Act and will allow impermis- bill. It has the support of the Repub- adopted as part of an amendment I of- sible foreign policy consideration to af- lican Governor of Oklahoma, Frank fered with Senator SIMON and Senator fect the ability of Americans to seek Keating, and Oklahoma’s Democratic KENNEDY, it preserves the requirement redress for their injuries caused by for- attorney general, Drew Edmondson. that if classified information is used to eign governments. I will continue to Under the leadership of Senator deport an alien suspected of terrorist work on this issue to remove this un- HATCH, we have a measure which would activity, an unclassified summary ade- fair limitation. give us the strong, upper hand in the quate to permit the alien to mount a This conference report is not all that battle to prevent and punish domestic defense must be provided to the alien. could be hoped for. It does, however, and international terrorism. This requirement is the absolute min- represent a significant advance in our On March 27, 1996, I wrote to each of imum that due process will permit. Nation’s ability to fight terrorism the conferees urging in particular that Anything less could not have survived without unduly compromising the the three important provisions in the constitutional scrutiny, and I am rights and liberties of our citizens. As pleased that this aspect of my amend- a result, I support the conference re- Senate bill be retained. The first facili- ment was retained. port and urge my colleagues to do so as tates a speedy removal of suspected I am also troubled by the restrictions well. foreign terrorists from U.S. soil. The on domestic fundraising for foreign ter- I yield the floor. second keeps foreign terrorists from rorist organizations. The Senate bill The PRESIDING OFFICER. The Sen- raising money for their activities in had allowed entities designated as ter- ator from Utah has 2 additional min- the United States. The third makes rorist to seek judicial review. That re- utes. membership in a terrorist organization view would have accorded no deference Mr. HATCH. I yield back my 2 min- the basis for exclusion from the United to the administration’s designation utes. I understand the time of the mi- States. and allowed full and searching judicial nority is also expired. Each of these is a commonsense pro- review. The conference report, while The PRESIDING OFFICER. That is tection for all Americans. Each of retaining judicial review, establishes a correct. these reforms is long overdue. I am deferential standard for that review. I Mr. HATCH. On behalf of Senator pleased that Senator HATCH and the am far less satisfied with this level of DOLE and myself, I move to table both conferees insisted on keeping these im- scrutiny. I am also concerned about of the Biden amendments, with the un- portant reforms in the bill. the first amendment implications of derstanding that these votes are Most importantly, the bill contains this provision, restricting the ability of stacked. comprehensive, effective habeas corpus U.S. citizens to support favored causes. The PRESIDING OFFICER. Without reform, which has just been discussed I acknowledge that the United States objection, it is so ordered. by the distinguished Senator from is a fertile ground of financial support Mr. HATCH. Could I also ask unani- Pennsylvania, Senator SPECTER, who, for foreign terrorist organizations, but mous consent that the first vote be 15 as he outlined, has been active in this am nonetheless concerned about these minutes in length, but the last two area for many, many years. infringements on U.S. citizens. votes be 10 minutes each? I did visit the San Quentin State Finally, I want to express my strong Mr. FORD. Reserving the right to ob- Prison in California about 6 or 8 weeks disappointment over the limited scope ject, Mr. President, I am not sure. ago. There I met a father whose son of the provision allowing U.S. citizens Could you give me just a second? had been murdered, a pretty clear-cut injured by foreign terrorist attacks to Mr. HATCH. I will withhold that case, and it took 15 years—15 years— sue foreign nations who supported the unanimous-consent request. appeal after appeal after appeal before attack in which they were injured. In Mr. DOLE. Were the yeas and nays justice was meted out and the person 1993, I introduced the first bill in the ordered? who committed the murder was exe- Senate to allow U.S. victims of foreign The PRESIDING OFFICER. The yeas cuted. There have been more people die terrorism to sue foreign countries they and nays have not been ordered. of natural causes in that prison than of suspected of supporting the terrorists Mr. DOLE. Mr. President, I ask for the death penalty, because of the frivo- who injured them. My bill was favor- the yeas and nays. lous appeals, appeal after appeal, cost- ably reported by the Judiciary Com- The PRESIDING OFFICER. Is there a ing the State millions and millions of mittee. sufficient second? dollars. Obviously, we need to protect

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3474 CONGRESSIONAL RECORD — SENATE April 17, 1996 the rights of the defendant, particu- the 1990 Aviation Security Act. Noth- the President made a request to Congress to larly in capital cases, but in my view, ing we do can possibly replace their provide aid to the families of four Cuban it is a sad commentary that on death loss, but we can give them a avenue for Americans shot down by Cuba. Has the Presi- row in San Quentin, where there are partial justice. dent forgotten the hundreds of other Ameri- cans murdered by terrorists? The promise about 400-some inmates on death row, Mr. President, yesterday I received a that he made to us before his election? more will probably die of natural letter from Victoria Cummock, presi- This nation cannot continue to allow coun- causes than because of the death pen- dent of the families of Pan-Am 103/ tries to kidnap, torture, and murder Ameri- alty. Lockerbie. On behalf of those families, cans and escape accountability. The United Maybe that will be changed because she urged support of this bill. She fo- States allow corporations to seek restitution of this big, big step forward. I want to cuses on two provisions: habeas corpus in U.S. civil court. U.S. law permits restitu- commend Senator HATCH, Senator reform; and opening up our courts to tion for sabotaging a plane full of chickens— but not people. This is an outrage. The mes- SPECTER, and others who have worked allow victims their day in court sage sent to countries sponsoring terrorism on this a long time. It has been more against governments that sponsor ter- is that it is safe to target and kill Ameri- than a decade of efforts. We are about rorism. I ask unanimous consent that cans. to curb these endless, frivolous appeals this letter be printed in the RECORD. I want to be able to tell my three small of death sentences by those convicted There being no objection, the mate- children that America stands with us and of murder. Habeas corpus reform is the rials was ordered to be printed in the that their father’s constitutional right to only substantive provision in this bill Record, as follows: justice (and that of other victims) will no longer take a back seat to the rights of ter- that will directly affect the Oklahoma FAMILIES OF PAN-AM 103 LOCKERBIE, rorists. By maintaining the FSAI and Habeas City bombing case. It is the heart and April 15, 1996. Corpus provisions in the final language of Hon. BOB DOLE, soul of the bill. the anti-terrorism bill, Congress will give us Senate Majority Leader, I sent a letter Monday to President the opportunity to help ourselves. The Washington, DC. Clinton. In that letter, I reiterated changes we advocate are right for all Ameri- DEAR SENATOR DOLE: On behalf of the vic- that we simply cannot continue allow- cans; this reform is overdue. tims’ families of Pan Am 103, I want to ex- Thank you for your commitment in help- ing convicted murderers to appeal their press our gratitude for your leadership in the sentences year after year. President ing American victims of terrorism. Our Anti-Terrorism bill (S–735), currently pend- hopes and prayers will be with all the Con- Clinton has already vetoed a similar ing in the Congressional Conference Com- reform of the death penalty appeals gressional Committee members during their mittee. Your support of two key provisions final deliberations. process. The White House continued will enable American victims of terrorism Sincerely, obtain justice in U.S. courts. right up to the end, to argue for M. VICTORIA CUMMOCK, More Americans have died at the hands of changes in habeas corpus that would Widow of John B. Cummock; terrorists than in Desert Storm, or in any essentially gut this reform. I called on President. other American war over the past 20 years. President Clinton to support us in this The bombing of Pan Am 103 was the single Mr. DOLE. Mr. President, in a few important effort and sign this bill worst act of terrorism against civilians in moments we will pass this bill. The when it is sent to his desk. America this country’s history, killing 270 people. For Congress will put the national interest will not tolerate a second veto of ha- more than seven year, we—the families— ahead of partisan interests. Those who beas corpus reform. have waited for our country’s help and sup- have delayed passage of this historic I am very pleased, moreover, that the port. During that time terrorists blew up the bill argue that this is a weak bill. This conference report provides victims of World Trade Center ’93, injuring 1,000 and is wrong. It is unfair to those who have killing eight, and last year bombed the fed- terrorism the ability to sue foreign suffered or may suffer in the future governments responsible for terrorist eral building in Oklahoma City, killing 168. On March 7, dozens of Americans victim- from the evil handiwork of terrorists acts in U.S. courts for the first time. ized by terrorism gathered in Washington, and other criminals. On December 21, 1988, 270 people were D.C. They included parents, widows, and My colleagues have opposed these ef- killed in the terrorist bombing of Pan children from the families of Pan Am 103; 21 forts. We will pass this bill today. As Am flight 103. This brutal act of ter- next of kin from the Oklahoma City bomb- Diane Leonard, whose husband Don was rorism killed more Americans than ing; a daughter of Leon Klinghoffer killed in killed in the Oklahoma City bombing, died in Desert Storm. the hijacking of the Achille Lauro; Joseph said yesterday: ‘‘It is the right thing to Ciccipio and David Jacobson held hostage in The Libyan Government was clearly do.’’ Then I hope President Clinton will responsible for this brutal crime. Yet, Lebanon; Scott Nelson tortured in Saudi Arabia, families of the victims of the World do the right thing and sign the bill. Libya refuses to extradite the Libyan Trade Center bombing, and Hans I yield the floor. intelligence officials responsible. I do Ephraimson-Abt, the 74-year old father of Mr. HATCH. Mr. President, what is not know anyone who believes there is one of the victims of KAL 007 shot down over the status of the bill? a realistic chance that Qaddaffi will co- the Soviet Union. The PRESIDING OFFICER. All time operate to bring killers he ordered to At great personal and emotional expense, having expired, the question is on justice in a legitimate court. they gathered to support provisions of the agreeing to the motion to table the For too long, the survivors of the vic- anti-terrorism bill that would enable us to motion to recommit offered by the achieve justice: limit immunity granted for- tims have had no recourse to seek com- Senator from Delaware. pensation from Libya. That’s why the eign states that sponsor terrorism, and re- form Habeas corpus. Mr. HATCH. Mr. President, I was Dole-Hatch bill last year contained au- Our motives are not political. Our lives under the mistaken belief that we thority for victims of international and families have been unraveled by ter- would have some extra time, but I terrorism to sue terrorist states in U.S. rorism, and justice is our only consolation. would like to give some time before courts. For 10 months the Clinton ad- Without justice and accountability there is final passage, equally divided. I would ministration fought this provision. For no deterrence. We want to live in peace like to be able to give 3 minutes to the 3 years the Clinton administration has knowing that other Americans will be two distinguished Senators from Okla- had meetings with family members and spared. Countries that hide behind their sovereign homa. That would mean 6 minutes to had tough rhetoric—but there has been immunity to avoid U.S. courts will continue the minority. no real action to redress the tragedy of to encourage and sponsor terrorist acts. For I ask unanimous consent that we Pan AM flight 103. example, Libya, which is accused of ordering have 12 minutes, equally divided. This week the Congress will enact the bombing of Pan Am 103, is also accused The PRESIDING OFFICER. Is there this important reform. This is not of the 1989 bombing of a French UTA plane of objection? rhetoric, this is action. This is historic Chad. It killed 171. Mr. FORD. Reserving the right to ob- and will, at long last, allow American Allowing convicted murderers to delay ject, as I understand, prior to the final victims of terrorism to use U.S. courts their execution for 17–24 years with their vote? to try to seek compensation for the vi- seemingly endless appeals is also plainly wrong. It makes a mockery of our judicial Mr. HATCH. Prior to the final vote. cious acts of terrorist states. system and gives criminals more rights than Mr. FORD. Six minutes. I am proud to have worked closely their victims. Mr. HATCH. Divided between Sen- with the families of the Pan AM 103 Dead Americans have no voice, their fami- ator BIDEN and myself, and I make sure victims for many years, especially in lies must speak for them. Four weeks ago the——

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3475 Mr. FORD. Six minutes on each side? Kyl Pressler Specter As things now stand, Federal courts Mr. HATCH. Right. Lott Roth Stevens take State court decisions very seri- Lugar Santorum Thomas The PRESIDING OFFICER. Without McCain Shelby Thompson ously. They are not writing on a blank objection, it is so ordered. McConnell Simpson Thurmond page and ignoring State court decisions The question is on agreeing to the Murkowski Smith Warner right and left. In fact, court watchers Nickles Snowe motion to table the motion to recom- who pay close attention to the cases mit offered by the Senator from Dela- NAYS—46 tell me that Federal courts grant relief ware [Mr. BIDEN] relative to revising Akaka Feinstein Mikulski only when it is pretty clear that some- existing authority for wiretaps. Baucus Ford Moseley-Braun one’s constitutional rights have been Biden Glenn Moynihan violated. So it seems to me that even The yeas and nays have been ordered. Bingaman Graham Murray The clerk will call the roll. Boxer Harkin Nunn under this provision of the law we are The legislative clerk called the roll. Bradley Hollings Pell now changing, which I think is inadvis- Mr. LOTT. I announce that the Sen- Breaux Inouye Pryor able to change, but even under this Bryan Johnston Reid ator from Florida [Mr. MACK] is nec- Bumpers Kennedy provision, if Federal courts think that Robb Byrd Kerrey State courts are right on the Constitu- essarily absent. Rockefeller Conrad Kerry The result was announced—yeas 56, Sarbanes tion, they will uphold it. And if they Daschle Kohl nays 43, as follows: Dodd Lautenberg Simon are wrong, they will not. [Rollcall Vote No. 69 Leg.] Dorgan Leahy Wellstone So if a State court makes an uncon- Exon Levin Wyden stitutional determination, the Federal YEAS—56 Feingold Lieberman courts will, and should, continue to say Abraham Feingold McConnell NOT VOTING—1 so. Therefore, I think this is much less Ashcroft Frist Moseley-Braun Baucus Gorton Murkowski Mack onerous—unnecessary but much less Bennett Gramm onerous—than, in fact, it may appear Nickles So the motion to lay on the table the Bond Grams Pressler on its face. Brown Grassley Reid motion to recommit was agreed to. If a Federal court concludes the Burns Gregg Mr. HATCH. Mr. President, I move to Roth State court violated the Federal Con- Campbell Hatch Santorum reconsider the vote. Chafee Hatfield Shelby stitution, that, to me, is by defini- Coats Helms Mr. COHEN. I move to lay that mo- Simpson tion—by definition—an unreasonable Cochran Hutchison tion on the table. Smith application of the Federal law, and, Cohen Inhofe The motion to lay on the table was Coverdell Jeffords Snowe therefore, Federal habeas corpus would Specter agreed to. Craig Kassebaum Mr. BIDEN addressed the Chair. be able to be granted. D’Amato Kempthorne Stevens I reserve the remainder of my time. DeWine Kyl Thomas The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Dole Lott Thompson ator from Delaware. ator from Utah. Domenici Lugar Thurmond Mr. BIDEN. Mr. President, I under- Faircloth McCain Warner Mr. HATCH. Mr. President, I am stand before the final vote there are 6 truly gratified at the action that I be- NAYS—43 minutes allotted to each side. lieve the Senate is about to take. Pas- Akaka Ford Lieberman The PRESIDING OFFICER. The Sen- sage of this legislation is urgently Biden Glenn Mikulski ator will suspend. Senators to the left needed. This bill, passing at this time, Bingaman Graham Moynihan of the Chair will please take your con- Boxer Harkin Murray will be a memorial to the victims of Bradley Heflin Nunn versations to the cloakroom. The Sen- terrorism. I was so moved the other Breaux Hollings Pell ate will please come to order. Bryan Inouye day, when survivors of terrorism came Pryor The Senator from Delaware. here to Washington to plead again for Bumpers Johnston Robb Byrd Kennedy Mr. BIDEN. Mr. President, I appre- Rockefeller enactment of this legislation. Conrad Kerrey ciate the indulgence of my colleagues Sarbanes Since the Senate first acted last Daschle Kerry Simon today in voting on these motions to re- June, we have been working to reach Dodd Kohl commit and the strong support of 40 to Dorgan Lautenberg Wellstone this point. The result of that effort is a Exon Leahy Wyden 48 Senators we have gotten on each of conference report that, in my view, de- Feinstein Levin these votes. I appreciate that. serves the support of every Member NOT VOTING—1 In the 6 minutes that I have to close, here. This legislation represents a let me just suggest two things. There is Mack landmark effort to address an issue of a good deal of change that has been grave national importance—the pre- The motion to lay on the table the made in the habeas corpus provisions vention and punishment of acts of ter- motion to recommit was agreed to. of the law, which, in my view—a bro- rorism. This bill includes long-needed The PRESIDING OFFICER (Mr. ken record—will do nothing to prevent reforms to Federal habeas corpus pro- SANTORUM). The question occurs on terrorism. The habeas provision in this cedures and provides vital provisions agreeing to the motion to table the bill deals primarily with State crimes, for victims of terrorism and other Fed- motion to recommit with instructions and the terrorism crimes we are con- eral crimes. It also adds important relative to deleting section 806 of the cerned about—Oklahoma City, the tools to the Government’s fight against conference report. The yeas and nays World Trade Center bombing, et terrorism, and does so in a temperate have been ordered. The clerk will call cetera—are Federal crimes. It will not manner that is protective of civil lib- the roll. affect it at all. erties. The legislative clerk called the roll. But there is a provision in the bill I have insisted from the beginning Mr. LOTT. I announce that the Sen- that I would like to say something that this bill address the needs of the ator from Florida [Mr. MACK] is nec- about. There’s a section that says: victims of terrorist acts, so I am par- essarily absent. An application for writ of habeas corpus on ticularly pleased about the provisions The result was announced—yeas 53, behalf of a person in custody, pursuant to we have included for them. Our com- nays 46, as follows: the judgment of a State court, shall be mitment to the victims of terrorism is [Rollcall Vote No. 70 Leg.] granted with respect to any claim that was evident from the first two titles of the adjudicated on the merits in State court pro- YEAS—53 conference report. These provisions are ceedings, unless the adjudication of the Abraham Coverdell Grassley claim, one, resulted in a decision that was the heart and soul of this bill, and are Ashcroft Craig Gregg contrary to or involved in unreasonable ap- the only provisions which can provide Bennett D’Amato Hatch solace to the victims of past acts of Bond DeWine Hatfield plication of a clearly established Federal law Brown Dole Heflin as determined by the Supreme Court, or re- terrorism, such as Oklahoma City and Burns Domenici Helms sulted in a decision that was based on an un- Lockerbie: Campbell Faircloth Hutchison reasonable determination of the facts in Habeas corpus reform: This legisla- Chafee Frist Inhofe light of the evidence presented. tion includes tough, fair, and effective Coats Gorton Jeffords Cochran Gramm Kassebaum I would like to make this brief obser- reform of Federal habeas corpus proce- Cohen Grams Kempthorne vation. dures. I have been fighting, along with

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3476 CONGRESSIONAL RECORD — SENATE April 17, 1996 crime victims across our Nation, for Fourth, this antiterrorism bill will lent vacuum. The resulting pressure the enactment of this legislation for prohibit, in a constitutional manner, waved outward, lifting the building up nearly 20 years. Finally, heinous crimi- fundraising in this country by specific, and causing beams, floor slabs, and nals will no longer be able to thwart designated foreign terrorist groups. connections to weaken and collapse. justice and avoid just punishment by Once designated, these groups will no When the pressure wave passed, grav- filing frivolous appeals for years on longer be permitted to use American- ity took over. Nine stories of the north end. Finally, crime and terrorism vic- raised funds to spread terror here and side of the building pancaked, creating tims will know that our justice system abroad. a crater 30 feet deep. People who had means what it says. Fifth, this bill provides the Federal been on the ninth floor ended up in the Mandatory victim restitution: The Government with the tools it needs to basement. mandatory victim restitution section exclude representatives and members I think one of the most memorable of this bill is the Hatch-Biden measure, of foreign terrorist groups from the experiences I had was the very first and will ensure for the first time that United States, and provides the Gov- night. The firefighters had arrived. Federal courts must order violent ernment with the ability, within the They were all volunteers. They were criminals and terrorists to pay restitu- bounds of due process, to deport alien taking turns 1 hour at a time crawling tion to their victims. We all know that terrorists without compromising na- on their bellies through there to pull a price can never be placed on the ter- tional security. out parts of bodies. I actually saw on rible costs these crimes inflict. We also This bill also: Increases the penalties the first floor human hair and one hand know that in far too many cases, re- for crimes committed with explosives, that was stuck to a wall. As they payment will fall far short of the cost as well as conspiracies to commit such pulled the bodies out—some alive, we can calculate. However, with this crimes; curtails the use of domestic some dead—they did not know at that bill, victims will finally have the sol- and foreign use of weapons of mass de- time whether or not it would come ace of knowing that the justice system struction; addresses the increasingly crashing down and kill them. When one recognizes their loss, and that the per- global nature of terrorism, increasing group came out after an hour, there petrators of evil are held accountable. penalties for terrorist acts that tran- was blood all over the individuals. Terrorism by foreign countries: This scend national boundaries; imposes Then you could hear the cadence, al- bill takes the important step of ensur- strict penalties for retaliatory assaults most like you heard in World War II, of ing that Americans who are harmed by or murders of Federal officers or em- the firefighters marching down the foreign governments committing or di- ployees; provides emergency response streets to take their turn, and this is recting terrorists acts can sue those training to State and local law enforce- what we experienced there. governments in American courts. Law- ment; and harmonizes security meas- The majority leader a few minutes less nations will no longer be able to ures to provide Americans flying to ago said the habeas provision is the hide their terrorist acts behind the and from the United States on foreign heart and the soul of this bill. It may rules of international law that they be that some of you do not agree with otherwise flaunt. airlines with the same level of protec- Oklahoma City trial: Finally, by pro- tion they receive for domestic flights. that, but I can assure you the families viding for closed circuit viewing of the In short, this bill reflects the unity of the 168 victims who died in the Oklahoma City trial by the bombing’s of purpose and clarity of resolve with Murrah Federal Office Building, they victims and survivors, this bill also which we must meet the terrorist believe that, because they came up will ensure that these courageous peo- threat. here 2 months after the explosion and ple can observe justice being done, I am proud of the bill we have craft- sat across the table from many of the while still ensuring a fair and just trial ed. It is time for us to finish the job, Senators in here and said, ‘‘The one for the accused. and pass this conference report. In thing we want in legislation is habeas The terrorism bill we are about to fi- doing so, it is my hope that we recall reform. We do not want the same thing nalize also is a tough, effective meas- the Americans who died at the hands of to happen as happened when Roger ure. With its enactment, we will be bet- terrorists, not only last month, but Dale Stafford in Oklahoma murdered ter able to prevent and deter future over the last 15 years or more. In Bei- nine Oklahomans and sat on death row terrorist acts. Moreover, we will be rut, in Lockerbie, in New York, and in for 20 years.’’ better equipped to respond to and pun- Oklahoma City, victims of terrorism So I guess all I can say is, on behalf ish these heinous acts should they have had their lives stolen by evil per- of the families of the 168 victims, those occur. sons pursuing selfish and twisted agen- who lost their lives in the Murrah Fed- First, for the first time since the das. We can honor these victims by eral Office Building, I appeal to you to tragic bombing of Pan Am flight 103, it completing the task at hand. pass this bill tonight. will be required that all plastic explo- Mr. HATCH. Mr. President, I yield 3 The PRESIDING OFFICER. Who sives manufactured, sold, imported minutes to the distinguished junior yields time? into, or exported from the United Senator from Oklahoma. Mr. BIDEN. Mr. President, so that States include chemicals to make them The PRESIDING OFFICER. The Sen- the majority gets to go last, I have 2 detectable by airport security. This ator from Oklahoma is recognized for 3 minutes remaining. provision will help protect airline pas- minutes. What the Senator from Oklahoma sengers from terrorist attacks and ful- Mr. INHOFE. Mr. President, I think just read was moving and significant. I fill our obligations under international anything that is said further tonight am going to vote for this bill, but I am agreements. on this bill will be redundant, but I dumbfounded why, after reading what Second, this legislation include im- think some things are worthy of redun- he just read and us knowing that, that portant new measures to ensure that dancy. I think it is virtually impossible we all voted in this Chamber to allow access to dangerous human patho- for anyone in this Chamber who was someone to teach somebody how to gens—like the agent that causes bu- not in Oklahoma City when the trag- build another fertilizer bomb, even if bonic plague—is properly limited. This edy happened—the bombing of the the person teaching knew or had rea- will help ensure that the American Murrah Federal Office Building—to son to believe it would be used for a people are not victimized by terrorists really appreciate the significance of purpose like that. engaging in such tactics, such as the the trauma, the disaster, the emotions Hear what I just said? ‘‘Intended.’’ If Japanese cult Aum Shinri Kyo that re- at the time. a person teaches someone how to build leased cyanide gas in a crowded Tokyo I think it was well said in a magazine a fertilizer bomb intending that that be subway. called Oklahoma Today, talking about able to be done, a crime to be able to be Third, the bill we will send to the the first wave of the super-hot gas committed with it, we just voted not to President provides law enforcement moved at 7,000 miles an hour, fast put that prohibition into the law. with the tools necessary to combat the enough for someone 10 feet away to be And now that you all are here and did threat of nuclear contamination and hit with a force equal to 37 tons, and in not have a chance to listen to this be- proliferation that may result from ille- about half a second the gas dissipated fore, I hope you know, after we pass gal possession of nuclear materials. only to be replaced by an equally vio- this bill, you will join me tomorrow, or

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3477 the next day, to pass a law that says make future improvements. But this is from our victims’ rights laws which stipulate you cannot do that, because you inad- a good bill. It does have habeas corpus they be entitled to monitor the trial pro- vertently voted, when I tried to put it reform. It ends the abusive appeals. ceedings. Mr. President, this bill deserves to be back in the law, to let someone now, That is certainly good for taxpayers signed into law. For the families and victims legally, over the Internet or any other and victims. of the Oklahoma City bombing, it represents way, teach someone how to build a fer- It does allow closed-circuit TV for a significant step in bringing closure to this tilizer bomb, give them the details and families in the Oklahoma City bomb- terrible tragedy. I urge you to approve this intend that it be used that way, and it ing. Right now the trial, regrettably, is vital change in our nation’s laws to combat is not prohibited. going to be in Denver. That is over 500 terrorism. It is the right thing to do. So I hope tomorrow when I am here, miles from Oklahoma City. They want Very truly yours, or the next day, listening to what the to be able to view the trial and not FRANK KEATING. Senator from Oklahoma accurately have to move their families to Denver. Mr. HATCH addressed the Chair. stated and believes deeply that we We requested assistance from Justice, The PRESIDING OFFICER. The Sen- should never let this happen again; we but they did not make it happen. We ator from Utah. will correct the mistake that we made make it happen in this legislation. Mr. HATCH. Mr. President, I ask for here today. That is good news for their families. the yeas and nays. Mr. HATCH. Mr. President, I yield Several of us will be with several thou- The PRESIDING OFFICER. Is there a the last 3 minutes to the distinguished sand people. That will be good news for sufficient second? There is a sufficient senior Senator from Oklahoma. Oklahomans. second. Mr. NICKLES. Mr. President, first I Finally, I thank my colleagues for The yeas and nays were ordered. wish to thank the majority leader for their bipartisan support. We put man- The PRESIDING OFFICER. The setting aside the immigration bill to datory victim restitution in this legis- question is on agreeing to the con- take up this bill. I informed the major- lation, something that the Senate has ference report. The yeas and nays have ity leader and the Speaker some supported countless times. That is very been ordered. The clerk will call the months ago of my earnest desire to significant and important and one of roll. pass this before this Friday. the crime reform packages we have The legislative clerk called the roll. Mr. LOTT. I announce that the Sen- This Friday is the 1-year anniversary had. We passed it in the Senate. Unfor- ator from Florida [Mr. MACK] is nec- of the worst civil disaster that we have tunately, it has not come out of con- essarily absent. had in U.S. history: 168 innocent men, ference with the House. It is in this The result was announced—yeas 91, women, and children were murdered in bill. Again, I want to thank my col- nays 8, as follows: the Murrah Building bombing. leagues, Senator HATCH and Senator [Rollcall Vote No. 71 Leg.] The majority leader responded to BIDEN, because they supported that that request, and I appreciate it. provision. YEAS—91 I also want to compliment Senator Finally, Mr. President, I want to Abraham Faircloth Lott HATCH and Senator BIDEN and their urge my colleagues to vote for this bill. Akaka Feinstein Lugar Ashcroft Ford McCain staffs, and also Chairman HYDE, for I will be very disappointed if this bill Baucus Frist McConnell their willingness over the last 2 weeks only has 60 or 65 votes. I hope it has 100 Bennett Glenn Mikulski when we were in recess to work out the votes. This bill may not be perfect, but Biden Gorton Murkowski Bingaman Graham differences, because the bills between it is good legislation. Also, I would like Murray Bond Gramm Nickles the House and the Senate had a lot to Boxer Grams to urge the President of the United Nunn Bradley Grassley offer, but there are significant dif- States to sign it. Pressler ferences in the bills. Breaux Gregg Mr. President, I ask unanimous con- Brown Harkin Pryor But there were significant dif- sent that a letter from the Governor of Bryan Hatch Reid ferences. They worked out those dif- the State of Oklahoma to the President Bumpers Heflin Robb ferences. They came up with com- of the United States urging that the Burns Helms Rockefeller promises. That was not easy during the Campbell Hollings Roth President sign this bill be printed in Chafee Hutchison Santorum break. That is not often done. But they the RECORD. Coats Inhofe Sarbanes did it so we can meet this deadline. I There being no objection, the letter Cochran Inouye Shelby very much appreciate their coopera- was ordered to be printed in the Cohen Jeffords Simpson tion. Conrad Johnston Smith RECORD, as follows: Coverdell Kassebaum Snowe Mr. President, this is vitally impor- STATE OF OKLAHOMA, Craig Kempthorne Specter tant legislation. As my colleague from OFFICE OF THE GOVERNOR, D’Amato Kerrey Stevens my State, Senator Inhofe, mentioned, Oklahoma City, OK, April 16, 1996. Daschle Kerry Thomas DeWine Kohl Thompson this is very important legislation to Hon. BILL CLINTON, Dodd Kyl Thurmond the families of the victims. There are United States of America, The White House, Dole Lautenberg Warner Pennsylvania Avenue, Washington, DC. Domenici Leahy hundreds of people involved. Yes, there Wellstone are 168 individuals who lost their lives, DEAR PRESIDENT CLINTON: Congress will Dorgan Levin Exon Lieberman Wyden but they have hundreds of family mem- soon pass legislation which will effectively combat terrorism. Having dealt with the NAYS—8 bers, and actually I think it is in the tragedy and aftermath of the Oklahoma City thousands, the relatives that are di- bombing, I believe it is imperative that you Byrd Kennedy Pell Feingold Moseley-Braun Simon rectly impacted, that lost a cousin, sign this legislation into law. Hatfield Moynihan lost a dad, lost a son, lost a daughter. In addition to the tough law enforcement We met with those individuals. They provisions aimed at terrorists and their or- NOT VOTING—1 want this bill passed. This bill may not ganizations, it includes provisions of par- Mack be perfect. I know Chairman HATCH ticular interest to those of us in Oklahoma. The conference report was agreed to. said that some of the other provisions First and foremost is effective death pen- alty reform, which will end the delays and Mr. HATCH. Mr. President, I move to that were alluded to today, that he is frivolous appeals by convicted death row in- reconsider the vote, and I move to lay happy to introduce those and work on mates. The importance of this provision has that motion on the table. those in separate legislation. I com- been made clear by the families of the vic- The motion to lay on the table was pliment him for that. But if we recom- tims of the Oklahoma City bombing, who agreed to. mitted this bill, we would not have this have worked tirelessly to see this reform be- Mr. HATCH. Mr. President, I think bill. It would not pass. come law so that justice may be swift and this is a big victory for all of America, So I want to thank my colleagues on sure. but most of all for those folks who suf- this side that voted against the mo- Second is a provision allowing for the fered in Oklahoma City, OK, and other closed circuit viewing of the trial by families tions to recommit. This is a conference and victims who cannot be accommodated by terrorist incidents in the world. report. If we are going to get it passed, the courtroom in Denver. The viewing would I want to acknowledge the work of we are not going to be able to recom- take place in Oklahoma and would allow some people who were critical to the mit it. So I will be happy to work to these families and victims to fully benefit passage of this bill—in particular, the

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3478 CONGRESSIONAL RECORD — SENATE April 17, 1996 majority leader. The majority leader, I yield the floor. CHICAGO BULLS WIN 70 GAMES BOB DOLE, is to be commended for his f Ms. MOSELEY-BRAUN. Mr. Presi- leadership. Once again, Senator DOLE APPOINTMENT BY THE VICE dent, I want to take this opportunity has delivered for the American people. PRESIDENT to commemorate a historic moment for I personally express my gratitude to the city of Chicago and the State of Il- our distinguished majority leader. The PRESIDING OFFICER. The linois. Over the years, the members of I also want to acknowledge the work Chair, on behalf of the Vice President, this greatest deliberative body have en- of Chairman HENRY HYDE over in the pursuant to Public Law 77–770, appoints gaged in some of the most compelling House, and my fellow conferees, Sen- the Senator from Louisiana, [Mr. debates the world has ever heard: ators THURMOND, SIMPSON, BIDEN, and BREAUX], to the Migratory Bird Con- issues of States’ rights, war and peace, KENNEDY. Senators NICKLES and INHOFE servation Commission, vice the Sen- and individual liberty. But as of last deserve mention, too, because they ator from Arkansas, [Mr. PRYOR]. evening, one debate need no longer be never let this institution forget who Mr. SPECTER addressed the Chair. considered: which is the greatest NBA this bill was for. All of the survivors The PRESIDING OFFICER. The Sen- team of all time, at least through the from the Oklahoma tragedy and the ator from Pennsylvania is recognized. regular season. By recording their un- Pan Am disaster were critical to this f precedented 70th win of the regular season, the 1995–96 Chicago Bulls are bill’s passage. So they all deserve our MORNING BUSINESS thanks. one of the best teams of all time, and I want to mention a few of the other Mr. SPECTER. Mr. President, I ask when they go on to secure an NBA people who worked on this bill, as unanimous consent that there now be a championship, they will be without well—in particular, the staffers who period for the transaction of routine question, the greatest team in the his- worked long hours out of deep commit- morning business. tory of professional basketball. ment to public service. Jeanne The PRESIDING OFFICER. Without In the 49-year history of the National Lapatto, Christina Rios, Nick Altree, objection, it is so ordered. Basketball Association, no team has Mike Ashburn, John Gibbons, and Ed f won 70 games in one season until the Richards were invaluable. Ashley Chicago Bulls accomplished that re- HISTORIC 70 WINS FOR THE markable feat—I am sad to say to my Disque—a young woman who came to CHICAGO BULLS the committee as an L.C. and has not dear friend and colleague from Wis- looked back—epitomized initiative. Mr. SIMON. Mr. President, Senators consin, Senator KOHL—by defeating the Mike Kennedy, an attorney who is often make statements on the floor to Milwaukee Bucks last night 86 to 80. going to go places, in my opinion, inform the Senate and the Nation By winning their 70th game in 79 tries, worked around the clock. Finally, I about the accomplishments of their the Bulls eclipsed a 24-year-old record want to commend Mike O’Neill, our constituents, and today I wish to ac- set by the Los Angeles Lakers and now crime counsel. Mike is going to be knowledge some folks back in Illinois stand alone on the other side of what leaving here in a few weeks to clerk for who have achieved a historic feat un- once was considered an impregnable Justice Thomas over at the Supreme equaled by their peers. My colleagues barrier. This year’s Bulls team has elevated Court. Our loss is the Supreme Court’s may be familiar with this group of Chicagoans. I am speaking of the Chi- itself to an elite level in the history of gain. Quite simply, Mike O’Neill, more sports. This team deserves to be ranked than any other staffer, made this bill cago Bulls, who last night defeated the Milwaukee Bucks in a hard-fought, 86 on the same level as the 1927 New York happen. Manus Cooney, our committee Yankees, the 1972 Miami Dolphins, and staff director and senior counsel is also to 80 game, to become the first Na- tional Basketball Association [NBA] the 1977 Montreal Canadiens—all teams to be commended. that embodied perfection in sports. It Some of Senator BIDEN’s staff should team to win 70 games in a season. might also be noted that with this 70th be mentioned as well—Demetra In the nearly 50-year history of the win, Chicago now holds the distin- Lambros and Chris Putala are true pro- NBA, 70 wins has been a mythical, guished honor of having or sharing fessionals. Also, I would like to thank seemingly unattainable goal. The 1971– three of the four major sports records Valerie Flappan of the legislative 72 Los Angeles Lakers came close with for most wins in a regular season—the counsel’s office. 69 wins, but now the Bulls have secured 1906 Cubs in baseball, 116 wins, the 1985 I also want to compliment the other their place in the history books with Bears in football, 15 wins and now, the House conferees and, in particular, 70, and with 3 games left in the season, Chicago Bulls. I know I speak for Bulls Congressmen HYDE, MCCOLLUM, SCHIFF, that record could be higher. fans across the country in saying that BUYER, and especially BOB BARR from Of course this achievement would not we are energized and excited by the Georgia, who worked very hard on this have been possible without the return zealous pursuit of victory exhibited by bill and has provided an awful lot of of Michael Jordan, unarguably the our team this year. input on this bill. Another staffer who game’s greatest player ever. But we cannot overlook the efforts of his star It is no coincidence that the greatest should be mentioned here is Pat Mur- team of all time is being propelled by teammates, from Scottie Pippen, Toni ray, HENRY HYDE’s able and dedicated the greatest player of all time—Mi- Kukoc, and Dennis Rodman, to the less counsel who, in working with our staff, chael Jordan. Michael Jordan has a publicized but invaluable players like helped craft a true terrorism bill. Paul combination of power and panache un- Ron Harper, Luc Longley, Steve Kerr, McNulty also deserves credit. There matched in the history of the NBA. He are so many others I would like to and Bill Wennington, to name just a refuses to lose and his competitive na- commend at this point. But I will end few. The talent of individuals however ture, floor leadership, and will to win at this point and thank all of these can only take you so far. A true cham- lifts the playing level of all those good people for the good work they pion needs a great leader, and coach around him. have done. Phil Jackson has fulfilled that role Mr. President, we all know that in I pay respect to my distinguished col- throughout his career, having guided team sports, true greatness cannot be league, the minority leader on the Ju- the Bulls to three previous champion- achieved alone. Michael Jordan is sur- diciary Committee. He is a tough, ships. rounded by outstanding players in tough opponent. He is a very good ad- Should the Bulls go on to win the their own right—Scottie Pippen, Den- vocate. It is one of the privileges in my championship in June—their fourth of nis Rodman, Toni Kukoc, and the rest life to be able to work with him on the the decade—there is little doubt that of the lineup. Coach Phil Jackson has Judiciary Committee and to be able to they would be considered the greatest been able to skillfully mesh all the per- have this type of a relationship, and team in the history of professional bas- sonalities of this team into an extraor- still to occasionally fight each other on ketball. I am proud to represent this dinary combination of teamwork and the floor and, hopefully, walk away group of individuals and congratulate individual achievement. The result is still friends. them on their unprecedented accom- the 70-win accomplishment that has In particular, I want to make all plishment. I wish them the best of luck eluded basketball’s best players and those congratulations. as they head into the playoffs. teams for decades.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3479 On behalf of the city of Chicago and in the United States. This innovative over $500 million have been lent and over the State of Illinois, I want to offer my approach allows people who may not 14,000 units of affordable housing and busi- State’s hearty congratulations to have the money to make a downpay- nesses have been created or rehabilitated in Coach Jackson and the entire Bulls or- Chicago. ment on a home to have a real oppor- Coordinated the NPA/Aetna Neighborhood ganization for winning 70 games in the tunity to achieve perhaps the single Investment Program, which provided over 1995–96 regular season, a record that most important element of the Amer- $100 million in loans for rehabilitation or may never be equaled. ican dream—owning their own home. construction of over 10,000 affordable housing f And NPA, working with Freddie Mac, units in 14 urban neighborhoods throughout created an ingenious new type of mort- the country. CONGRATULATING NATIONAL PEO- gage for buildings with two-to-four Brought the Neighborhood Housing Serv- PLE’S ACTION ON 25 YEARS OF units, thereby helping to revitalize this ices (NHS) to Chicago and has continued to ACCOMPLISHMENT AND THEIR support its expansion by developing new loan kind of housing, which is so important 25TH NATIONAL NEIGHBORHOODS programs and funding sources. to so many cities and neighborhoods, CONFERENCE Successfully advocated for increases in and making it possible for neighbor- Community Development Block Grant Ms. MOSELEY-BRAUN. Mr. Presi- hood residents to become homeowners (CDBG) funding and for increases in the tar- dent, on Saturday, April 27, National and landlords. The result of this re- geting of CDBG funds to low and moderate People’s Action (NPA), a national net- sourceful approach are more home- income neighborhoods. work of more than 300 community or- owners in neighborhoods, and a better Created the Lease-to-Purchase mortgage ganizations, churches, and senior cit- stock of rental housing. product, the first-of-its-kind in the nation. izen groups from 38 States across the This product allows individuals to enter the While NPA’s successes are varied, home as tenants and after a 2–3 year lease country, will open its 25th national however, they all have the same theme. neighborhoods conference here in period become the homeowner, having accu- They are all about people, about mak- mulated a 10–15% downpayment to purchase. Washington, DC. ing it possible for people in the neigh- I want to call the Senate’s attention Lease-to-Purchase has become a standard af- borhoods and communities around our fordable housing option. to this conference, because National Nation to build a better life for them- Successfully advocated for performance People’s Action represents America at selves. NPA is a quintessentially Amer- oriented goals for Government Sponsored its best—people from neighborhoods ican organization. It accomplishes a Enterprises (GSEs) requiring 30% of mort- working together to improve their gages to be purchased in underserved mar- neighborhoods. The hundreds of organi- huge amount with very little money. It kets and from low and moderate income fam- zations and the thousands of people is nonbureaucratic. And it works right ilies. from all walks of life who make up Na- at the neighborhood level. It doesn’t Created a unique low downpayment mort- tional People’s Action are committed tell people what to do. Rather, it gage product for 2–4 unit buildings with brings people together so that, by Freddie Mac that allows for 75% of rental in- to their communities. They know that come to be used to qualify the applicant, neighborhoods are critically impor- working together, they can make their neighborhoods better places to live for thus creating an opportunity for homeowner- tant. They know that neighborhoods ship for low income people. with good housing, neighborhoods that themselves and for their families. Developed in conjunction with the Mort- are safe, and neighborhoods with access National People’s Action, and its na- gage Guaranty Insurance Corporation to good jobs are places where families tional chairperson Gale Cincotta, de- (MGIC) the first ever purchase and default can achieve their own piece of the serve the Senate’s commendation. As I counseling training for community based American dream. And perhaps most stated at the beginning of my remarks, counselors. importantly, they know that by put- this organization embodies the essence FEDERL HOUSING ADMINISTRATION ting fundamental American values to of American values. NPA puts the val- Through a national advocacy campaign, work—by working hard to make those ues on which this Nation was founded stopped abusive lending practices that re- values an everyday part of life in their to work for all of its people. I am sulted in catastrophic FHA foreclosures in the 1970s. neighborhoods—they are making a real therefore glad to have the opportunity to bring NPA’s 25th annual neighbor- Secured 518(b) and (d) Payback Programs difference in their communities and in for buyers of defective FHA homes which our country. hoods conference to the Senate’s atten- provided funds for repair of major systems National People’s Action is known as tion, and I hope every Member of the and structural defects. the first voice of our Nation’s neigh- Senate will attend this important Developed Repair and Sell Programs that borhoods. This people’s organization event. rehabilitated vacant FHA homes in blighted has, from its inception, spoken out for Mr. President, I ask unanimous con- neighborhoods. investing in neighborhoods, ending red- sent that a complete list of NPA’s Spearheaded the development of the FHA lining by financial institutions, ex- major proneighborhood accomplish- Assignment Program which provides assist- ance to those behind in their mortgage in ments be printed in the RECORD. panding the stock of good, affordable order to prevent foreclosure. housing, implementing community- There being no objection, the list was Continued to research FHA lending prac- based approaches to crime prevention ordered to be printed in the RECORD, as tices and uncover abuses, such as illegal and policing, and expanding economic follows: minimum loan amounts imposed by some opportunity and the access to good jobs NPA’S MAJOR ACCOMPLISHMENTS FHA lenders. at good wages that are so essential to REINVESTMENT Negotiated a HUD demonstration program that allows not-for-profit developers to ob- healthy communities. Spearheaded enactment of the Home Mort- tain vacant, foreclosed properties at a 30% NPA is a grass roots movement with gage Disclosure Act (HMDA) and the Com- discount. Over 600 homes have been rehabili- an enviable record of accomplishment. munity Reinvestment Act (CRA) which pro- tated for low income families. This pilot pro- tect urban areas and minorities from loan I would like to take just a moment to gram has become a permanent HUD pro- highlight a few of those many suc- discrimination. Provided technical assistance to commu- gram. cesses. First, NPA played a key role in Successfully advocated for public disclo- nity groups which directly led to over $25 bil- sure by HUD of FHA lending activity and making the Community Reinvestment lion in NPA assisted CRA lending agree- loan failure rates by mortgage company and Act, the primary Federal tool for ex- ments. panding access to capital, a reality, Developed 10 city pilot affordable housing census tract. Analysis of data has uncovered and NPA has used that tool to obtain programs with the secondary market and high default rates far exceeding HUD’s defi- over $25 billion worth of CRA lending private mortgage insurers which led to a na- nition of trouble areas. agreements. These agreements mean tionwide low-downpayment program called CRIME AND DRUG PREVENTION access to mortgage money, home reha- the Community Homebuyers Program. The Developed 1976 community anti-crime pro- bilitation money, and economic devel- development of the CHBP has resulted in in- gram with the law Enforcement Assistance opment money for hard-working people dustry-wide changes in the standards for Administration which redirected LEAA conventional lending and millions of home funds to local community groups for local living in hard-pressed neighborhoods loans to low income families. anti-crime programs. that have all too often been cut off Coordinated the Chicago Reinvestment Al- Changed Illinois policy regarding the dis- from capital in the past. liance, which in 1984 developed a $363 million tribution of Asset Forfeiture funds to allow NPA created the lease-to-purchase Neighborhood Lending Program. The pro- $500,000 to be returned to communities for mortgage product, the first of its kind gram has been renewed twice, and to date, crime prevention programs.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3480 CONGRESSIONAL RECORD — SENATE April 17, 1996

Coordinated along with the Chicago Police INSURANCE some people under this bill, it would not be- Department a Nuisance Abatement Program Developed new urban property insurance come any more or less available in general. in four police districts that resulted in clos- products and increased urban investments S. 1028 could affect the federal budget in ing 1,000 drug houses during the first year of with leading companies, including Allstate two primary ways. First, if the bill changed operation. and State Farm as a response to NPA advo- Provided 387 community groups, 42 police the amount of employer-paid health pre- cacy against insurance redlining. miums, total federal tax revenues could departments, and state and local government f agencies with technical assistance to develop change. For example, if the amount employ- community based anti-crime and drug strat- THE HEALTH INSURANCE REFORM ers paid for premiums rose, cash wages would egies. ACT OF 1995 probably fall, thereby reducing income and Coordinated a national day of Reclaiming Mrs. KASSEBAUM. Mr. President, I payroll tax revenues. If individuals paid Our Neighborhoods in which 38 cities partici- ask unanimous consent that the fol- more for individually-purchased insurance, pated February 14, 1994. they could increase their itemized deduc- lowing items with regard to S. 1028 be Won change in Asset Forfeiture Regula- tions for health expenses. Second, if the bill tions nationally, allowing communities to included in the RECORD. caused people insured by Medicaid or govern- receive 15% of seized drug money and real There being no objection, the mate- ment health programs to purchase private property. rial was ordered to be printed in the coverage, then federal outlays for those pro- Was awarded $1.2 million cooperative RECORD, as follows: agreement from the Bureau of Justice As- grams could change. COST ESTIMATE sistance, U.S. Department of Justice to co- According to the General Accounting Of- ordinate a demonstration program (1992–1995) U.S. CONGRESS, fice [GAO], 38 states have enacted legislation in 13 cities across the country, Communities CONGRESSIONAL BUDGET OFFICE, to improve the portability and renewability in Action to Prevent Drug Abuse. Washington, DC, September 22, 1995. of health plans among small employers.2 The Was awarded cooperative agreement from Hon. NANCY LANDON KASSEBAUM, state laws do not apply to employees of larg- the Bureau of Justice Assistance—Depart- Chairman, Committee on Labor and Human Re- er firms with self-funded insurance plans, ment of Justice and the Department of sources, U.S. Senate, Washington, DC. however, and the GAO report finds that state DEAR MADAM CHAIRMAN: The Congressional Labor to coordinate Communities in Action laws generally do not apply to the market to Prevent Drug Abuse II—Reclaiming Our Budget Office [CBO] has reviewed S. 1028, the for individually-purchased insurance. Communities (1995–1997) in 10 cities across Health Insurance Reform Act of 1995, as or- the country. dered reported by the Senate Committee on Because many insurance reforms have al- TRAINING Labor and Human Resources on August 2, ready been implemented by the states, GAO Was awarded a three year national VISTA 1995. CBO estimates that enactment of S. assumes that the new national standards grant in 1978 which resulted in training of al- 1028 would not significantly affect the fed- created by S. 1028 would not significantly most 100 community staff in 48 community eral budget. (Each state’s insurance commis- change the insurance market for most peo- organizations. sioner would ensure that the requirements of ple. Although the national standards created Provided technical assistance and seed this legislation are carried out by health in- by S. 1028 would improve the portability of funding to 131 community groups since 1980 surance carriers in their state; CBO has not health insurance for some additional groups through the Mott Foundation’s Strength- attempted to estimate the amount by which or individuals, GAO assumes that the incre- ening Citizen Initiatives at the Local Level state government spending could be mental change in the insurance marketplace Program. changed.) Pay-as-you-go procedures would would be minor. Any changes to overall in- Provided training on financial manage- apply because the bill could affect direct surance coverage or premiums caused by the spending and receipts. the estimated change ment to community groups in 8 cities bill would probably be small, and the direc- through a program developed with Allstate. in direct spending and receipts, however, is tion of the change is uncertain. Most people Offered week-long training courses since not significant. 1974 that have trained over 3,000 participants This bill would create uniform national subject to the new insurance rules would in community advocacy skills. standards intended to improve the port- have had coverage under the old rules, so Provided on-site consultations that have ability of private health insurance policies. their total health spending would probably resulted in development of dozens of new for example, these standards would allow not be noticeably different. Therefore federal community organizations across the coun- workers with employment-based policies to revenues would be unlikely to change.3 try. continue their coverage more easily when CBO estimates that federal outlays for Provided on-site training for at least 40 or- changing or leaving jobs. Because most pri- Medicaid would not change because any per- ganizations a year. vate insurance plans require a waiting period sons eligible for free coverage from Medicaid Have coordinated national conferences on before new enrollees become eligible for cov- Housing, CRA, Jobs, Insurance and Drugs under current law would also seek out Med- erage, especially for preexisting medical con- icaid coverage if S. 1028 was enacted. CBO providing an area for all the players to come ditions, workers with chronic conditions or together to discuss their concerns. Each con- also estimates that the bill would cause no other health risks may face gaps in their appreciable changes to federal outlays for ference attracted over 500 participants. coverage when they change jobs. Alter- Medicare, Federal Employees Health Bene- ENERGY natively, such workers may be hesitant to fits, or other federal programs. Provided training and consulting for 147 change jobs because they fear the temporary community groups on natural gas deregula- loss of coverage, a situation known as ‘‘job- If you wish further details on this esti- tion in the late 1970s and early 1980s. lock.’’ mate, we will be pleased to provide them. In the mid 1980s, founded the Affordable S. 1028 would reduce the effective length of The CBO staff contact is Jeff Lemieux. Budget Coalition to address the rash of util- exclusions for preexisting conditions by Sincerely, ity shut-offs plaguing Illinois. The ABC be- crediting enrollees for continuous coverage JAMES L. BLUM came independent in 1987. by a previous insurer. Insurance companies (For June E. O’Neill, Director). Assisted community groups to intervene in would be prohibited from denying certain utility rate cases before the Illinois Com- coverage based on the medical status or ex- FOOTNOTES merce Commission, resulting in almost $2 perience of individuals or groups and would 1 For additional discussion, see GAO testimony billion in refunds. be required to renew coverage in most cases. ‘‘Health Insurance Regulations, National Port- Has been an expert witness in telephone Insurers could not deny coverage to individ- ability Standards Would Facilitate Changing Health and electric utility cases and performed an uals who have exhausted their continuing Plans,’’ July 18, 1995, before the Senate Committee analysis of Currency Exchange rates charged coverage from a previous employer. This bill on Labor and Human Resources. 2 Health Insurance Regulation: Variation in Re- to cash government benefit checks for use in would allow individuals to change their en- rate investigation of the Illinois Department cent State Small Employer Health Insurance Re- rollment status without being subject to forms (GSO/HEHS–95–161FS, June 12, 1995). of Financial Institutions. penalties for late enrollment if their family 3 CBO cooperates with the Joint Committee on Currently working with community groups or employment status changes during the Taxation to produce estimates of revenue changes and participating in policy forums on the de- year. To the extent that states have not al- under proposals that would change the private regulation of the electrical utility industry ready implemented similar rules, these health insurance market. Following CBO’s estimate in Illinois. that S. 1028 would not significantly change spending changes would clarify the insurance situa- Working with community groups, govern- for private health insurance, the Joint Committee ment agencies and electric and natural gas tion and possibly reduce gaps in coverage for assumes that federal revenues would not change. 1 utility companies to establish a long-term many people. Because the bill would not regulate the solution to the low income residential en- premiums that plans could charge, the net U.S. CONGRESS, ergy crisis and the decline of federal energy number of people covered by health insur- CONGRESSIONAL BUDGET OFFICE, assistance funding. Washington, DC, March 22, 1996. Providing training for Community Action ance and the premiums that they pay would Hon. NANCY L. KASSEBAUM, Agency’s low income board members across continue to be influenced primarily by cur- the country in cooperation with the Illinois rent market forces. In other words, although Chairman, Committee on Labor and Human Re- Community Action Agency under a contract insurance would become more portable for sources, U.S. Senate, Washington, DC. from the U.S. Department of Health and DEAR MADAM CHAIRMAN: The Congressional Human Services. Footnotes at end of letter. Budget Office has prepared the enclosed

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3481 mandate cost statements for S. 1028, the ernments, but this cost would primarily be individual markets. If a State decides not to Health Insurance Reform Act of 1995, as re- borne by the employees themselves and not enforce the new requirements, the Federal ported by the Senate Committee on Labor by state or local taxpayers. Although CBO Government would do so. Because enforce- and Human Resources on October 12, 1995. cannot provide a precise estimate, any in- ment would be voluntary, this provision Enactment of S. 1028 would impose both crease in the cost of health insurance for em- would not impose an intergovernmental intergovernmental and private sector man- ployees of state and local governments would mandate as defined in Public Law 104–4. dates. The cost of the intergovernmental amount to less than $50 million annually. As However, the enforcement provisions would mandates would not exceed the applicable a result of higher health care costs, state have a budgetary impact on State govern- $50 million threshold, but the costs of the and local governments would reduce other ments. States currently regulate the group private sector mandates would exceed the elements of their employees’ compensation and individual markets, and CBO does not applicable $100 million threshold. packages by a corresponding amount. The expect any State to give up this authority If you wish further details on this esti- amount of total compensation paid by the and responsibility. States thus would incur mate, we will be pleased to provide them. state and local governments would thus re- additional costs as they enforce the new re- Sincerely, main unchanged in the long run. Except for quirements. In 1995, according to the Na- JUNE E. O’NEILL, Director. an initial transition period, during which tional Association of Insurance Commis- Enclosure. state and local governments may not be able sioners, States spent $650 million regulating CONGRESSIONAL BUDGET OFFICE ESTIMATED to change other elements of their employees’ all forms of insurance (health and others). COST OF INTERGOVERNMENTAL MANDATES compensation packages, state and local gov- CBO expects that S. 1028 would increase 1. Bill number: S. 1028. ernments would not be required to spend ad- these costs only marginally. 2. Bill title: The Health Insurance Reform ditional funds to comply with these man- 10. Previous CBO estimate: None. Act of 1995. dates. 11. Estimate prepared by: John Patterson. 3. Bill status: As reported by the Senate (c) Estimate of Necessary Budget Authority: 12. Estimate approved by: Paul N. Van de Committee on Labor and Human Resources None. Water, Assistant Director for Budget Anal- on October 12, 1995. 7. Basis of estimate: Based on a limited ysis. 4. Bill purpose: S. 1028 would make it easier survey of State and local governments, CBO CONGRESSIONAL BUDGET OFFICE ESTIMATE OF for people who change jobs to maintain ade- found that the health insurance plans cur- COSTS OF PRIVATE SECTOR MANDATES quate coverage by requiring issuers of group rently offered by State and local govern- health plans and sponsors of health plans for ments are generally in compliance with S. 1. Bill number: S. 1028. employees to: Limit exclusions for pre- 1028. However, some State and local govern- 2. Bill title: Health Insurance Reform Act existing conditions to 12 months (18 months ments would have to make minor adjust- of 1995. for late enrollees) with a one-for-one offset ments to their plans. Almost all plans al- 3. Bill status: As reported by the Senate against the exclusion for continuous cov- ready limit to 1 year, or do not include, ex- Committee on Labor and Human Resources erage; not impose eligibility requirements clusions for preexisting conditions, but only on October 12, 1995. based on health status or other medical in- a few of the plans that have exclusions allow 4. Bill purpose: The purpose of S. 1028 is to formation; and offer special enrollment peri- an offset against the exclusion for contin- increase access to health care benefits for ods when an employee experiences a change uous coverage. In addition, some plans do workers and their families both while the in family composition (e.g., the birth of a not offer special enrollment periods when a workers are employed and after they leave child) or a family member of an employee family member of a participant loses his or employment. It would also increase the port- loses health coverage under another health her health insurance under another plan be- ability of health insurance when workers plan because of a change in employment sta- cause of a change in employment. Finally, change jobs, and make other changes affect- tus. the expansion of COBRA coverage would af- ing health care benefits. fect all plans. In addition, the bill would require health 5. Private sector mandates contained in CBO estimates that the cost of S. 1028 to plans sponsored by employers to: extend the bill: S. 1028 contains several private sec- the private sector for the group health insur- COBRA coverage an additional 11 months if tor mandates as defined in P.L. 104–4 that ance reforms would total about $300 million. an employee becomes disabled during the 18 would affect the private health insurance in- A simple calculation, based on the number of months of the original COBRA coverage or dustry. Three general areas of coverage employees involved, would indicate that the has disabled dependents, and provide imme- would be affected: (1) the group and em- cost of S. 1028 for employees of State and diate coverage to newborns or adopted chil- ployer-sponsored health insurance market, local governments would be $60 million. CBO dren under a parent’s COBRA policy. (2) the extensions of health insurance re- believes that the cost would actually be sig- Furthermore, S. 1028 would increase the quired under the Consolidated Omnibus nificantly less than this, however, because portability of health insurance from group Budget Reconciliation Act (COBRA) of 1985, health plans sponsored by State and local coverage to individual coverage by requiring and (3) the market for individual health in- governments are generally more liberal than issuers of individual health insurance to pro- surance. vide coverage if an individual has had 18 plans sponsored by private sector employers. months of continuous coverage. In addition, State and local governments therefore would Mandates on group insurers and employee the bill would assist employers and individ- be confronted with fewer changes as a result health benefit plans uals in establishing voluntary coalitions for of S. 1028. The cost of the mandates imposed The bill would require sellers of group purchasing group health insurance and pre- on State and local government would clearly health insurance to cover any group pur- empt some state laws dealing with pur- be less than $50 million, a change of about 0.1 chaser who applies. Group insurers could chasing cooperatives. Finally, if the bill is percent in the approximately $40 billion that stop selling coverage only under certain con- enacted, states would have the option of en- is now spent on health insurance for employ- ditions, such as ceasing to offer coverage to forcing the bill’s requirements regarding ees of State and local governments. any additional group purchasers. Under group and individual health insurance. If a Economists generally believe, and CBO’s those circumstances, they could resume of- state chooses not to enforce the require- cost estimates have long assumed, that fering coverage only after a 6 month ces- ments, the federal government would enforce workers as a group bear most of the cost of sation and would be required to resume on a them. employers’ health insurance premiums. The first-come-first-served basis. Those avail- 5. Intergovernmental mandates contained primary reason for this conclusion is that ability provisions would apply separately to in bill: S. 1028 contains several intergovern- the supply of labor is relatively insensitive the ‘‘large group’’ and ‘‘small group’’ mar- mental mandates as defined in Public Law to changes in take-home wages. Because kets—that is, an issuer would be allowed to 104–4, primarily the new requirements that most workers continue to work even if their serve only one of those markets. Group in- would be imposed on health plans sponsored take-home pay declines, employers have lit- surers would also be required to renew cov- by employers. State and local governments tle trouble shifting most of the cost of addi- erage at the option of the group purchaser, who offer their employees health insurance tional health insurance to workers’ wages or except in certain circumstances including would have to abide by these requirements. other fringe benefits. nonpayment of premiums, or fraud or mis- 6. Estimated direct costs to State, local, 8. Appropriation or other Federal financial representation on the part of the group pur- and tribal governments: assistance provided in bill to cover mandate chaser. Network plans would not be required (a) Is the $50 Million a Year Threshold Ex- costs: None. to renew coverage to people living outside ceeded? No. 9. Other impacts on State, local and tribal the geographic area covered by the plan as (b) Total Direct Costs of Mandates: S. 1028 governments: States would have the option long as this action is done on a uniform would increase the cost of health insurance of enforcing the requirements of S. 1028 on basis, without regard to the health status of for covered employees of state and local gov- issuers of health insurance in the group and particular individuals.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3482 CONGRESSIONAL RECORD — SENATE April 17, 1996 Several provisions of the bill would apply for such group-to-individual market ‘‘port- Direct costs of mandates on group insurers and both to sellers of group insurance and to em- ability,’’ the individual applicant also would employee health benefit plans ployee health benefit plans that are ‘‘self-in- have to be ineligible for coverage by another Two of the principal mandates in S. 1028 af- sured’’ by firms. Eligibility, enrollment, and group health plan, employee health benefit fect group and employee health benefit requirements relating to premium contribu- plan, or COBRA continuation coverage. The plans: (1) limiting the maximum length of tions could not be based on the employee’s bill would leave the determination of pre- pre-existing condition exclusions, and (2) re- health status, claims experience, or medical miums to the applicable state laws or regula- quiring that health plans reduce the length history. tions. of pre-existing condition exclusions for peo- Issuers of individual plans also would be In addition, the bill would limit the use of ple with prior continuous coverage under required to renew policies at the option of pre-existing condition exclusions—clauses other health plans. CBO estimates that the the insured individuals, except for certain that exempt the plan from paying for ex- direct cost of those two mandates would circumstances including nonpayment of pre- penses related to a medical condition that total about $300 million in each of the first miums or fraud. already existed when an enrollee first joined five years the provisions would be effective. the plan. Under the bill, twelve months To the extent that state laws or regula- tions were a suitable substitute for the pro- This cost is approximately 0.2 percent of the would be the maximum allowable duration of total premium payments in the group and a pre-existing condition exclusion (eighteen visions of the bill, the federal rules would not apply. Examples of such substitutes employer-sponsored market. months for employees who did not join the Limiting the Maximum Length of an Exclu- plan at their first enrollment opportunity). could include laws providing for state-spon- sored high-risk pools that provide coverage sion. The mandate to limit exclusions for Furthermore, month-for-month credit pre-existing conditions to 12 months (18 against that exclusion would have to be to those who could not otherwise obtain pri- vate coverage, open enrollment by one or months for late enrollees) is estimated to given to enrollees for continuous coverage have a direct private-sector cost of about that they had prior to joining a new plan. more health plan issuers to facilitate cov- erage in the individual market, and guaran- $200 million per year. This estimate is based (Insurers and health benefit plans would be on two components: (1) the number of people required to keep records to document the teed issue of insurance to all individuals re- gardless of their health status. who would have more of their medical ex- previous coverage.) In addition, pregnancy penses covered by insurance if exclusions could not be excluded by a pre-existing con- 6. Estimated direct cost to the private sec- tor: CBO estimates that the direct cost of were limited to one year or less, and (2) the dition clause, and children who were signed average cost to insurers of that newly in- up with a plan within thirty days of birth the main private sector mandates in S. 1028 would be approximately $350 million in the sured medical care. could not have any existing conditions ex- CBO used data from the Survey of Em- cluded from coverage. (A similar provision first year the provisions were effective, ris- ing to about $500 million annually in the ployee Benefits in the April 1993 Current applies for adopted children.) Population Survey (CPS) to estimate the Affiliation periods, in which new enrollees fifth year. Those mandate costs represent number of people with conditions that are pay no premium but receive no benefits, about one-quarter of one percent of total pri- not now covered because of a pre-existing could be used if pre-existing condition exclu- vate sector health insurance expenditures, condition exclusion of more than one year. sions were not part of the plan. However, although their distribution among health in- The survey asks respondents whether they or such periods would be limited to sixty days surance plans would be uneven. (Plans that a family member have a medical condition (ninety days for late enrollees). cover public sector employees are not in- that their employment-based plan is not cov- Finally, the bill would require that health cluded in this analysis.) These estimates are ering because of a pre-existing condition ex- plans offer special enrollment periods for subject to considerable uncertainty because clusion. It also asks respondents how long participants or family members for various a number of underlying assumptions rely on they have been with their present firm. For changes in family or employment status. limited data or judgments about future changes in health insurance markets. people with medical conditions excluded by a Mandates extending COBRA continuation cov- pre-existing condition clause, responses to erage The specific mandates examined in this es- timate are: Limiting the length of time em- the second question are used to estimate Under certain circumstances, the bill ployer-sponsored and group insurance plans whether the exclusion period exceeds one would compel firms to extend so-called could withhold coverage for pre-existing con- year. ‘‘COBRA’’ coverage to former employees or ditions; requiring that periods of continuous A number of adjustments were made to the their family members for a longer period of prior health plan coverage be credited data. In particular, CBO’s estimate of the time than is currently required. Under cur- against pre-existing condition exclusions of number of people affected by S. 1028 excluded rent law, firms that offer health insurance as a new plan; extending the conditions under people who said they were limited by a pre- part of their employee benefits package and which an employer would have to offer 11 ad- existing restriction but who also had other employ 20 or more people must allow em- ditional months of COBRA coverage for dis- health insurance coverage, because the other ployees (and family members) to continue abled people; and requiring issuers of indi- insurance plan might have covered their pre- coverage for 18 months after leaving employ- vidual health insurance policies to offer cov- existing conditions. Under those cir- ment (or for certain other reasons), at a cost erage to all individuals who meet specific re- cumstances, the limitation imposed on em- that cannot exceed 102 percent of the pre- quirements, including 18 months of prior ployment-based plans by S. 1028 would not mium for regular employees. Under certain continuous group of employer-sponsored cov- raise their aggregate costs. circumstances, such as if a worker is dis- erage. The second modification to the CPS data abled when he or she first qualifies for Basis of the estimate: The direct costs of adjusted for changes in the insurance market COBRA coverage, an additional 11-month ex- those mandates consist of the additional that have occurred since the survey date of tension of coverage also must be made avail- health expenses that would be covered by in- 1993. In particular, since that time, about 40 able. surance as a direct result of their implemen- states have implemented laws affecting the The bill would extend COBRA coverage by tation. Expenses for pre-existing conditions small group insurance market that would specifying an additional condition that that would have to be paid by insurers under limit pre-existing condition exclusions to would qualify former employees (or their in- the bill but would not have been insured one year or less and require that previous sured family members) for the 11-month ex- under current law, for example, are included coverage be credited against those exclu- tension period after the initial 18-month pe- in aggregate direct costs. In contrast, in- sions. Those laws generally apply to groups riod. In particular, if a former employee sured expenses that would be transferred of 50 or fewer employees and do not include were to become disabled during the first 18 among different insurers because of the bill self-funded health benefit plans. Because months of extended coverage, then they are not included in aggregate direct costs. plans covered by such state laws would not would qualify for the additional 11-month pe- In making this estimate, CBO did not at- have to change their provisions as a result of riod. Disability of an insured family member tempt to value any social benefits that S. 1028, CBO lowered its initial estimate of also would be a qualifying condition for con- might result from expansions in insurance the number of people affected by the bill. tinuation of CORBA coverage. Under the cur- coverage. That is, the estimate accounts CBO’s analysis led to the conclusion that rent law COBRA provisions, a premium of 150 only for the additional insurance costs of the approximately 300,000 people would gain cov- percent of the premium for regular employ- mandates, not the value of additional insur- erage under S. 1028 for some condition that ees could be charged to former employees in ance coverage to beneficiaries. Nor was there would otherwise be excluded by a long (more the additional 11-month period. an attempt to quantify any indirect costs or than one year) pre-existing condition clause. Mandates affecting the individual insurance benefits. Such indirect effects could include, This estimate represents less than 0.3 per- market for example, loss of coverage if an employer cent of people with private employment- Under S. 1028, sellers of individual health ceases to offer group coverage when pre- based coverage. insurance policies would be required to cover miums rise, or increases in worker mobility The other component of the estimated pri- individuals who wanted to enroll in an indi- (or reduced ‘‘job lock’’) with greater port- vate-sector cost is the average cost of the vidual health plan, regardless of their med- ability of benefits. It would be important to coverage that would become available under ical history or claims experience, if they had weigh all such factors in considering the bill, S. 1028. A recent monograph from the Amer- at least 18 months of continuous prior cov- but only estimates of the direct costs of the ican Academy of Actuaries (referred to as erage by one or more group health plans or mandates in the bill are required by P.L. 104– the Academy) indicated a surge in claims employee health benefit plans. To be eligible 4, the Unfunded Mandates Reform Act. costs of 40 to 60 percent when a pre-existing

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3483 condition exclusion period expired for a sam- would result in higher direct costs than esti- additional premiums that would be collected ple of people with high expected medical mated. On the other hand, the growth of from persons using the COBRA extension. costs.1 That range is consistent with infor- managed care plans would lower the direct COBRA allows insurers to charge those peo- mation from Spencer and Associates indi- costs of the bill. The magnitude of this effect ple up to 150 percent of the premium for reg- cating that the costs of policies for former would depend on the relative growth of ular employees. Consequently, assuming the employees who have chosen to take extended HMOs, which generally do not use pre- full COBRA premium was assessed, the in- COBRA coverage are 55 percent higher than existing condition exclusions, as compared sured costs of disabled people taking the new those of active employees.2 Applying those to PPO and POS plans, many of which do use extension would be about three times higher percentages to the average premium cost in preexisting condition exclusions. than the premiums they would pay. the employer-sponsored market yields a po- The distribution of the direct costs of the Direct costs of mandates affecting the individual tential range of additional costs of $600 to mandates would be uneven across health insurance market $900 a year per person who would gain cov- plans. Only plans that currently use pre-ex- S. 1028 would require issuers of individual erage under S. 1028. isting condition exclusions of more than 12 health insurance policies to offer coverage to Crediting Prior Coverage Against Current Ex- months would face the $200 million direct all people who have had group or employer- clusions. Another provision in S. 1028 would cost of the first mandate. Data from the sponsored coverage continuously for at least require insurers under certain circumstances Peat Marwick survey indicate that 2.5 per- 18 months immediately prior to enrolling, to credit previous continuous health insur- cent of employees are in such health plans. but who are not eligible for additional ance coverage against pre-existing condition Consequently, the costs to health plans that COBRA or other group coverage. CBO esti- periods. That provision is estimated to have use long pre-existing condition exclusions mates that this group-to-individual port- a private sector cost of about $100 million would be about 4.5 percent of their premium ability provision would impose aggregate di- per year. The key components of this esti- costs. Likewise, only health plans that use rect costs on the private sector of less than mate are: (1) the number of people who would pre-existing condition exclusions would face $50 million in the first year the law was ef- receive some added coverage, and (2) the ad- the direct cost of the mandate to credit pre- fective. Those aggregate direct costs would ditional full-year cost of coverage, adjusted vious coverage against the pre-existing ex- rise to about $200 million annually in the to reflect the estimated number of months of clusion. The data indicate that almost half fifth year. that coverage. of employees are in such plans—implying The mandate costs are added insurance CPS data were used to estimate the num- that the plans directly affected by this man- costs of people who would gain coverage ber of people who would receive some added date would have direct costs equal to about minus premium payments that the newly coverage under this mandate. These are peo- one-tenth of one percent of their premiums covered individuals themselves would make ple who would otherwise face some denial of under current law. to insurers. Premium payments are sub- coverage under a pre-existing condition ex- Employers could respond in a number of tracted because they would directly offset clusion period of one year or less, and who ways to the additional insured costs that part of the cost of the mandate imposed on would qualify for a shortened exclusion pe- would arise under these provisions of the insurers. riod based on prior continuous coverage. bill. They could reduce other insurance bene- A key element of this estimate is the cal- CBO estimates that about 100,000 people fits, increase employees’ premium contribu- culation of the number of people who would would receive some added coverage under tions, or reduce other components of em- both qualify for and desire to purchase indi- this provision of the bill. The relatively ployee compensation. Employers would be vidual market insurance under the provi- small size of this estimate is due largely to likely to respond in different ways, and these sions in S. 1028, but who would not be ex- the difficulty of meeting the restrictive eli- changes could take time. Some employers tended insurance coverage under current gibility criteria for the reduction in the ex- that currently offer health insurance to law. CBO analyzed data from the 1992 SIPP clusion period—particularly the requirement their employees might drop that coverage if to determine the number of people who: (1) that at most a 30-day gap separate prior peri- the costs became too large, although the had 18 months of prior continuous group cov- ods of insurance coverage from enrollment in magnitude of such a reaction would probably erage, and (2) would purchase an individual the new plan. be modest. These employer responses, which policy if insurers were not permitted to ex- The average number of months of coverage would offset the costs of the mandates, are clude them on the basis of health. We as- these people would gain is constrained by the indirect effects and do not enter into our es- sumed that uninsured survey respondents one-year limit on the exclusion period that timates of the direct costs to the private sec- who indicated that they were too sick to ob- would be required under the bill. Based on tor of the insurance mandates. tain insurance would fulfill the latter condi- information from a 1995 study by KPMG Peat Direct costs of mandates extending COBRA con- tion. The data suggest, however, that only Marwick, CBO estimates that people who tinuation coverage for the disabled about 25 percent of such people would meet would qualify would gain coverage for an av- CBO estimates that the aggregate direct S. 1028’s requirement of 18 months of contin- 3 erage of 10 months. CBO’s estimate of the costs of the COBRA extension for disabled uous prior group coverage. additional insured costs per person is based people would be negligible. Although individ- Because the SIPP survey used in this anal- on evidence from the Academy, which sug- uals qualifying for the extension would be ysis ended in late 1993, we made two addi- gested that people with pre-existing condi- expected to have covered health expenses tional adjustments to our estimate. First, we tion exclusions may not seek treatment dur- about three times greater than their pre- corrected for changes in the number of unin- ing the exclusion period but have rapid in- mium payments, very few people would actu- sured since 1993. Second, we reduced our esti- creases in expenses when that period expires. ally participate. mate to account for state legislation that su- That behavior would reduce the effectiveness CBO used two approaches to estimate the persedes the S. 1028 provision. Many states of exclusion periods in protecting insurers number of people who would take advantage undertook reforms of their individual insur- from treatment costs. The shorter the exclu- of the new COBRA extension. The first meth- ance markets prior to the time of the survey, sion period, the less effective the pre-exist- od used evidence on the number of employees and a few additional states have imple- ing exclusion is at reducing the insurer’s electing COBRA coverage under current law mented such laws since then. We assumed costs. CBO consequently assumed that full- who are disabled. A study by Flynn found that all states with comparable laws would year insured costs of people getting coverage that only 0.09 percent of COBRA elections get waivers from the S. 1028 provisions af- for pre-existing conditions under this provi- are by disabled people.4 Even under the as- fecting the individual market. Accordingly, sion would rise by less than 40 percent. sumption that the number of disabled people the estimate assumes that the mandate Other Considerations. The estimated direct having COBRA coverage would double as a would only be effective in states accounting cost of the mandate to limit the length of result of the new extension, fewer than 5,000 for about 5.4 million of the estimated 13.4 pre-existing condition exclusions is about people a year would be covered by that ex- million people currently having individual $200 million annually, and the cost of the tension. coverage.5 (Note that estimates of the num- mandate to credit previous coverage against In the second approach, CBO used data ber of people insured through the individual pre-existing condition exclusions is about from the 1992 Survey of Income and Program market vary considerably. CBO’s assumption $100 million. Together, those mandate costs Participation (SIPP) to examine the prior is consistent with that of the Academy.) amount to about 0.2 percent of total pre- insurance status of people who became cov- CBO concludes that approximately 40,000 mium payments in the group and employer- ered under Medicare disability coverage. people would become covered by the end of sponsored market. That analysis also suggested that the num- the first year the bill would be effective be- Those estimates are subject to consider- ber of people qualifying for the additional cause of the group-to-individual portability able uncertainty for several reasons. First, COBRA coverage under S. 1028 would be ex- provision. The number of covered people they are based on individuals’ responses to tremely small. would grow gradually over time as more peo- surveys, which should be treated with cau- The costs of coverage for disabled people ple who, in the absence of S. 1028, would have tion. In addition, unforeseen changes in were estimated using information from the been denied coverage because of poor health health insurance markets could result in the 1987 National Medical Expenditure Survey, would meet the 18-month continuous group estimates being too low or too high. Larger which indicated that non-elderly disabled coverage requirement and choose to pur- than expected increases in medical costs people had medical expenditures four to five chase individual insurance. In about four times greater than non-disabled people. years, the number of people covered because Footnotes at end of article. Those higher costs would be partly offset by of those portability provisions would plateau

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3484 CONGRESSIONAL RECORD — SENATE April 17, 1996 at around 150,000 people. Those estimates might seek. That percentage would be the 5 Calculations based on consultations with the refer only to the number of people who gain difference between the cost of coverage and Congressional Research Service/Hay Group con- insurance coverage as a result of S. 1028. The the premium, expressed as a share of the av- cerning state individual insurance market laws. 6 erage premium in the individual market. American Academy of Actuaries, ‘‘Comments on estimates do not include people who might the Effect of S. 1028 on Premiums in the Individual decide to move into individual insurance Based on a wide range of possible cost and Health Insurance Market,’’ February 20, 1996. coverage under S. 1028 but would have had premium factors, CBO assumed that the in- 7 Health Insurance Association of America, ‘‘The insurance coverage from elsewhere in the ab- surers’ loss percentage associated with the Cost of Ending ‘Job Lock’ or How Much Would sence of the bill. It would not be appropriate newly covered individuals would be about 70 Health Insurance Costs Go Up if ‘Portability’ of to count such people toward the aggregate percent. That is, the difference between pre- Health Insurance Were Guaranteed; Preliminary Es- direct costs of the bill because their medical mium income and insurance costs for the timates,’’ July 26, 1995. newly insured people is expected to be about 8 M. Susan Marquis and Stephen H. Long, ‘‘Worker expenses would have been insured anyway. Demand for Health Insurance in the Non-Group Mar- In order to complete the estimate, we cal- 70 percent of the average premium paid by ket,’’ Journal of Health Economics, vol. 14, no. 1 culated the direct mandate costs per person others in the individual market. (May 1995), pp. 47–63. who would obtain individual coverage be- Multiplying the loss percentage by the av- cause of this bill. Those costs equal the dif- erage individual market premium under cur- f ference between the added insurance costs of rent law and by the number of newly covered SEXUAL OFFENDER TRACKING the people who would gain coverage and the people yields the estimated aggregate direct AND IDENTIFICATION ACT OF 1996 premium payments that those newly covered costs of the group-to-individual portability people would make to insurers. Neither the provision. Those costs are expected to be less Mrs. HUTCHISON. Mr. President, in additional insurance costs, nor the addi- than $50 million in the first effective year of response to the number of repeat tional premium revenue, can be estimated the legislation and to rise to about $200 mil- crimes that are committed by con- with a high degree of confidence. lion annually by the fifth year. victed sex offenders, Senator GRAMM S. 1028 would prohibit the denial of cov- Other Considerations. For those states in and I are offering legislation to require erage because of health status or claims ex- which the individual market mandates are perience. Consequently, people gaining cov- expected to apply, premiums are estimated all such individuals to register with erage through the portability provisions of to be around 0.5 percent higher than other- the FBI. S. 1028 would cost more, on average, than the wise by the end of the first year of imple- Society needs to know where these typical person who currently purchases an mentation and to be approximately 2 percent predators are at all times. Individual individual policy. But, because of the mul- higher than otherwise by the end of the fifth States are creating registries of con- tiple eligibility criteria required by S. 1028, year. Those premium increases represent the victed sex offenders and devising other surveys of health expenditures do not pro- excess costs that presumably would be measures to address the problem—my vide an adequate basis for a specific estimate passed on to people who would have acquired home state of Texas has moved forward of those higher costs. individual policies in the absence of this bill. Likewise, the premiums that insurers The estimates of premium increases are lim- aggressively on this front. might charge newly covered people are high- ited to those costs attributable to people Unfortunately, for my State and oth- ly uncertain because they depend on the un- who obtain insurance in the individual mar- ers, there is a continuing worry despite known responses of state insurance regu- ket who would have been uninsured in the such progress: individuals convicted of lators that are likely to vary among the absence of S. 1028. 1,000 cases of child molestation sched- states. At one extreme, state regulators If individual insurance premiums rose suf- uled to be released in Texas this year might not allow insurers to charge higher ficiently as a consequence of S. 1028, some alone. premiums for people qualifying under the S. people with individual coverage would prob- Currently, 47 States have registry 1028 portability provisions. The loss on those ably drop their insurance. Those most likely laws which apply to sex offenders, but people would then be relatively large. At the to do so would be lower-income people who other extreme, state regulators might allow were not in poor health. CBO used an anal- these track such felons only within the insurers to charge them their full expected ysis by Marquis and Long to estimate the individual State. There is no national costs. In that case, there would be no loss to number of people who would drop out of the registry. There is no formal network insurers, and consequently no aggregate individual insurance market in response to for law enforcement agencies to com- costs from that mandate. higher premiums.8 By the fifth year after S. municate with each other about know Previous studies offer divergent views on 1028 became effective, about 35,000 people sexual predators. As a result, a con- these issues. The Academy assumed that who would have purchased individual poli- people obtaining individual coverage victed rapist or child molester released cies in the absence of this legislation would in Texas can move to, say, Vermont— through the portability provisions would not do so. Overall, however, the number of have costs two to three times as high as people with insurance in the individual mar- which has no registry law—and dis- 6 standard risks. They also assumed that the ket would probably rise as a result of S. 1028. appear from law enforcement records. premiums those people would pay would CBO’s estimate assumes that states that This ability to move from one State to range from 125 to 167 percent of the average already meet the individual market stand- the next unmonitored has provided individual premium. That is, the Academy ards in S. 1028 would be granted waivers of tens of thousands of sex offenders with assumed that states would limit what insur- those requirements. Initiatives such as guar- ers could charge to less than the full cost of the opportunity to commit yet more anteed issue laws and state-sponsored risk deviant acts. the benefit. pools to provide insurance for high-risk peo- The Health Insurance Association of Amer- The legislation Senator GRAMM and I ple may qualify states for waivers. The Acad- ica (HIAA) assumed that newly covered peo- emy has suggested, however, that states may are introducing would close this im- ple who exhausted their COBRA coverage not seek those waivers even when they are mense loophole by creating a national would have costs between two and three eligible. States might see the provisions of computer registry to track convicted times the average, while the cost of those sex offenders. Our bill would: not eligible for COBRA coverage would be 1.5 S. 1028 as a mechanism to transfer some indi- viduals out of partially state-subsidized Require all sex offenders to register to two times the average 7 HIAA made no specific assumptions about the rating rules high-risk insurance pools into the private with the FBI for 10 years following that states would impose on health plans in market, where their additional costs would their release from prison, drawing on the individual market. be picked up entirely by the private sector. State registries. Although neither the costs nor the insur- 7. Appropriations or other Federal finan- Authorize the FBI to register and ance premiums associated with the newly cial assistance: None. 8. Previous CBO estimate: None. track offenders living in States with no covered individuals are known, it is not un- 9. Estimate prepared by: James registry program. reasonable to assume that state insurance Baumgardner. Require the FBI to ensure that local commissioners would take the additional 10. Estimate approved by: Joseph Antos, authorities are notified every time a costs, and their potential effects, into ac- Assistant Director for Health and Human count in regulating the individual market. sex offender moves into or out of their Resources. jurisdiction. If, for example, the expected costs of the 1 See American Academy of Actuaries, ‘‘Providing newly insured people were high relative to Universal Access in a Voluntary Private-Sector Allow private and community organi- others in the individual market, insurance Market,’’ February 1996. zations access to the sex offender files regulators might allow insurers to charge 2 Charles D. Spencer and Associates, Inc., ‘‘1995 through their local law enforcement such people relatively high premiums. Con- COBRA Survey: Almost One in Five Elect Coverage, agencies; Cost is 155% of Actives’ Cost,’’ Spencer’s Research versely, if the expected costs of the newly in- Preserve State authority in deter- sured people were not much higher than oth- Reports (August 25, 1995). 3 Based on unpublished tabulations from KPMG mining whether (or how) the public at ers in the individual market, state regu- Peat Marwick, LLP, Survey of Employer-Sponsored lators might not allow their premiums to de- large will be notified of the presence of Benefits, 1995. sex offenders in a community. viate much from the market average. 4 Patrice Flynn, ‘‘COBRA Qualifying Events and This relationship can be viewed in terms of Elections, 1987–1991,’’ Inquiry, vol. 31, no. 2 (Summer Provide penalties for those who fail a target ‘‘loss’’ percentage that regulators 1994), pp. 215–220. to register.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3485 This will provide a tracking program as a percent of gross domestic product build strong and vital institutions nationwide. It is an appropriate func- [GDP], the United States has an aver- across our country. At a time when our tion of the Federal Government to age tax rate of 31.5 percent. The United society faces new and profound chal- keep tabs on such offenders—and help Kingdom, Italy, Germany, Canada, and lenges, when so many Americans feel to arm communities with information France are all significantly higher, insecure in the face of change, the pres- that might well prevent future, simi- with several having average tax rates ence and accessibility of the human- lar, horrifying crimes. We know that 40 in excess of 40 percent of GDP. ities in all our lives can be a powerful percent of convicted sex offenders will Of course, constant restraint and source of our renewal and our unity as repeat their crimes. We must begin act- diligence must be exercised to make we move forward into the 21st century. ing on that information. sure that waste, fraud, and abuse are WILLIAM J. CLINTON. Mr. President, Senator GRAMM and I avoided at all times. But overall, I be- THE WHITE HOUSE, April 17, 1996. are not asking that any money be ap- lieve that our Federal Government has f propriated for this purpose—the FBI had, and continues to have, a positive REPORT ON ALASKA’S MINERAL can create such a tracking system with impact on the lives of most Americans. RESOURCES FOR CALENDAR existing resources. And this is how In the words of Justice Holmes, ‘‘taxes YEAR 1995—MESSAGE FROM THE Federal agencies should be spending are what we pay for civilized society.’’ PRESIDENT—PM 139 the taxpayers’ money: on protecting In the end, we get what we pay for. The PRESIDING OFFICER laid be- them and their children, and making f their communities safer, less threat- fore the Senate the following message ening places to live. MESSAGES FROM THE PRESIDENT from the President of the United One of the ultimate responsibilities Messages from the President of the States, together with an accompanying of Government is the protection of its United States were communicated to report; which was referred to the Com- citizens—especially its youngest and the Senate by Mr. Thomas, one of his mittee on Energy and Natural Re- most vulnerable. This measure does secretaries. sources. not seek to impose additional punish- EXECUTIVE MESSAGES REFERRED To the Congress of the United States: ment on sex offenders—but it is aimed As in executive session the Presiding I transmit herewith the 1995 Annual at providing society at large with an Officer laid before the Senate messages Report on Alaska’s Mineral Resources, element of self-defense that it does not from the President of the United as required by section 1011 of the Alas- enjoy now. States submitting sundry nominations ka National Interest Lands Conserva- f which were referred to the appropriate tion Act (Public Law 96–487; 16 U.S.C. TAX DAY committees. 3151). This report contains pertinent (The nominations received today are public information relating to minerals Mr. PELL. Mr. President, Tax Day printed at the end of the Senate pro- in Alaska gathered by the U.S. Geo- has come and gone, and I would wager ceedings.) logical Survey, the U.S. Bureau of that few outside of Washington, DC, Mines, and other Federal agencies. marked its passing because they were f WILLIAM J. CLINTON. so absorbed in the last minute prepara- REPORT OF THE NATIONAL EN- THE WHITE HOUSE, April 17, 1996. tion and filing of income tax returns. DOWMENT FOR THE HUMANITIES f Most paid scant heed to this congres- FOR CALENDAR YEAR 1995—MES- sionally created day of moment, which, SAGE FROM THE PRESIDENT— MESSAGES FROM THE HOUSE in my view, panders irresponsibly to PM 138 At 1:58 p.m., a message from the popular aversion to taxation. The PRESIDING OFFICER laid be- House of Representatives, delivered by It is far more responsible, in my fore the Senate the following message Mr. Hays, one of its reading clerks, an- view, to emphasize the positive aspects from the President of the United nounced that the House has passed the of public finance. Most Federal taxes States, together with an accompanying following bills, in which it requests the flow right back to Americans in bene- report; which was referred to the Com- concurrence of the Senate: fits and services. Federal taxes here in- mittee on Labor and Human Resources. H.R. 2337. An act to amend the Internal cludes both Federal income taxes and Revenue Code of 1986 to provide for increased Federal payroll or Social Security To the Congress of the United States: taxpayer protections. taxes. Payroll taxes are used to pay So- I am pleased to present to you the H.R. 2501. An act to extend the deadline cial Security and Medicare benefits to 1995 Annual Report of the National En- under the Federal Power Act applicable to our elderly and disabled. Income taxes dowment for the Humanities (NEH). the construction of a hydroelectric project in For 30 years, this Federal agency has Kentucky, and for other purposes. are used to fund the operations of our H.R. 2630. An act to extend the deadline for Government which include the provi- given Americans great opportunities to commencement of construction of a hydro- sion of student loans for education, explore and share with each other our electric project in the State of Illinois. maintenance of our national parks and country’s vibrant and diverse cultural H.R. 2695. An act to extend the deadline museums, low-interest mortgage loans heritage. Its work supports an impres- under the Federal Power Act applicable to for first-time home buyers, veterans sive array of humanities projects. the construction of certain hydroelectric benefits, unemployment compensation, These projects have mined every cor- projects in the State of Pennsylvania. ner of our tradition, unearthing all the H.R. 2773. An act to extend the deadline and our military defense, among other under the Federal Power Act applicable to things. distinct and different voices, emotions, the construction of 2 hydroelectric projects I am advised that Federal entitle- and ideas that together make up what in North Carolina, and for other purposes. ments—benefits citizens are entitled to is a uniquely American culture. In 1995, H.R. 2816. An act to reinstate the license collect if they meet certain demo- they ranged from an award-winning for, and extend the deadline under the Fed- graphic or income definition—reach 49 television documentary on President eral Power Act applicable to the construc- percent of U.S. households, including 39 Franklin Delano Roosevelt, the radio tion of, a hydroelectric project in Ohio, and production Wade in the Water, to pres- for other purposes. percent of families with children and 98 H.R. 2869. An act to extend the deadline for percent of the elderly. ervation projects that will rescue commencement of construction of a hydro- Moreover, in my view, Americans are 750,000 important books from obscurity electric project in the State of Kentucky. not overtaxes in comparison with other and archive small community news- H.R. 3034. An act to amend the Indian Self- nations. The highest statutory mar- papers from every State in the Union. Determination and Education Assistance Act ginal individual income tax rate in the Pandora’s Box, a traveling museum ex- to extend for two months the authority for United States, 39.6 percent, is rel- hibit of women and myth in classical promulgating regulations under the Act. atively low by international standards. Greece, drew thousands of people. H.R. 3074. An act to amend the United States-Israel Free Trade Area Implementa- France, Germany, Italy, and Japan The humanities have long helped tion Act of 1985 to provide the President with have tax rates that are substantially Americans bridge differences, learn to additional proclamation authority with re- higher, reaching 56.8 percent. By an- appreciate one another, shore up the spect to articles of the West Bank or Gaza other measure, using total tax receipts foundations of our democracy, and Strip or a qualifying industrial zone.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3486 CONGRESSIONAL RECORD — SENATE April 17, 1996 H.R. 3121. An act to amend the Foreign As- the intention to make refunds of offshore mitting, pursuant to law, the report of the sistance Act of 1961 and the Arms Export lease revenues where a refund or recoupment financial statements for fiscal years 1994 and Control Act to make improvements to cer- is appropriate; to the Committee on Energy 1995; to the Committee on Armed Services. tain defense and security assistance provi- and Natural Resources. EC–2236. A communication from the Sec- sions under those Acts, to authorize the EC–2221. A communication from the Dep- retary of Defense, transmitting, pursuant to transfer of naval vessels to certain foreign uty Chief (Programs and Legislation Divi- law, a report on nonlethal weapons; to the countries, and for the purposes. sion), Office of Legislative Liaison, Depart- Committee on Armed Services. ment of the Air Force, transmitting, pursu- EC–2237. A communication from the Assist- f ant to law, a notice relative to the Range ant General Counsel of the U.S. Information MEASURES REFERRED Mobile Target Support function; to the Com- Agency, transmitting, pursuant to law, a re- mittee on Armed Services. port relative to an exchange visitor’s pro- The following bills were read the first EC–2222. A communication from the Dep- gram duration; to the Committee on Foreign and second times by unanimous con- uty Chief (Programs and Legislation Divi- Relations. EC–2238. A communication from the Presi- sent and referred as indicated: sion), Office of Legislative Liaison, Depart- dent and Chief Executive Officer of the Over- ment of the Air Force, transmitting, pursu- H.R. 3074. An act to amend the United seas Private Investment Corporation, trans- ant to law, a notice relative to depot mainte- States-Israel Free Trade Area Implementa- mitting, a draft of proposed legislation enti- nance activities; to the Committee on Armed tion Act of 1985 to provide the President with tled ‘‘The Overseas Private Investment Cor- additional proclamation authority with re- Services. poration Amendments Act of 1996’’; to the EC–2223. A communication from the Sec- spect to articles of the West Bank or Gaza Committee on Foreign Relations. Strip or a qualifying industrial zone; to the retary of the Navy transmitting, pursuant to EC–2239. A communication from the Acting Committee on Finance. law, a report relative to a major defense ac- Assistant Secretary of State (Legislative Af- H.R. 3121. An act to amend the Foreign As- quisition program; to the Committee on fairs), transmitting, pursuant to law, the re- sistance Act of 1961 and the Arms Export Armed Services. port of a Presidential Determination relative Control Act to make improvements to cer- EC–2224. A communication from the Chief to international financial institutions; to tain defense and security assistance provi- of Legislative Affairs, Department of the the Committee on Foreign Relations. sions under those Acts, to authorize the Navy, transmitting, pursuant to law, the no- EC–2240. A communication from the Acting transfer of naval vessels to certain foreign tice of an intention to offer a transfer by Assistant Secretary of State (Legislative Af- countries, and for other purposes; to the sale; to the Committee on Armed Services. fairs), transmitting, pursuant to law, a re- Committee on Foreign Relations. EC–2225. A communication from the Assist- port relative to the United Nations Civilian ant Secretary of the Navy (Installations and Police operation in Eastern Slavonia; to the f Environment) transmitting, pursuant to law, Committee on Foreign Relations. MEASURES PLACED ON THE the report of a study relative to outsourcing; EC–2241. A communication from the Acting CALENDAR to the Committee on Armed Services. Assistant Secretary of State (Legislative Af- EC–2226. A communication from the Sec- fairs), transmitting, pursuant to law, the re- The following measures were read the retary of the Army transmitting, pursuant port of contributions to international orga- first and second times by unanimous to law, a report relative to the average unit nizations for fiscal year 1995; to the Com- consent and placed on the calendar: procurement cost for a program; to the Com- mittee on Foreign Relations. EC–2242. A communication from the Assist- H.R. 2501. An act to extend the deadline mittee on Armed Services. EC–2227. A communication from the Assist- ant Legal Adviser for Treaty Affairs, Depart- under the Federal Power Act applicable to ant Secretary of the Army (Installations, ment of State, transmitting, pursuant to the construction of a hydroelectric project in Logistics and Environment) transmitting, law, the report of the texts of international Kentucky, and for other purposes. pursuant to law, a notice relative to Fort agreements, other than treaties, and back- H.R. 2630. An act to extend the deadline for Polk, LA; to the Committee on Armed Serv- ground statements; to the Committee on commencement of construction of a hydro- ices. Foreign Relations. electric project in the State of Illinois. EC–2228. A communication from the Sec- EC–2243. A communication from the Attor- H.R. 2695. An act to extend the deadline retary of Energy transmitting, pursuant to ney General, transmitting, pursuant to law, under the Federal Power Act applicable to law, the report of DOE activities relating to the annual report of the Federal Prison In- the construction of certain hydroelectric the Defense Nuclear Facilities Safety Board dustries for calendar year 1995; to the Com- projects in the State of Pennsylvania. for calendar year 1995; to the Committee on mittee on the Judiciary. H.R. 2773. An act to A bill to extend the Armed Services. EC–2244. A communication from the Direc- deadline under the Federal Power Act appli- EC–2229. A communication from the Dep- tor of the Federal Judicial Center, transmit- cable to the construction of 2 hydroelectric uty Secretary of Defense transmitting, pur- ting, pursuant to law, the annual report for projects in North Carolina, and for other suant to law, a report relative to calendar year 1995; to the Committee on the purposes. outsourcing; to the Committee on Armed Judiciary. H.R. 2816. An act to reinstate the license Services. EC–2245. A communication from the Sec- for, and extend the deadline under the Fed- EC–2230. A communication from the Sec- retary of Veterans’ Affairs, transmitting, eral Power Act applicable to the construc- retary of Defense, transmitting, pursuant to pursuant to law, the report under the Free- tion of, a hydroelectric project in Ohio, and law, the annual report for calendar year 1995; dom of Information Act for calendar year for other purposes. to the Committee on Armed Services. 1995; to the Committee on the Judiciary. EC–2246. A communication from the Post- H.R. 2869. An act to extend the deadline for EC–2231. A communication from the Gen- master General, transmitting, pursuant to commencement of construction of a hydro- eral Counsel of the Department of Defense, law, the report under the Freedom of Infor- electric project in the State of Kentucky. transmitting, a draft of proposed legislation mation Act for calendar year 1995; to the entitled ‘‘The National Defense Authoriza- The following bill was ordered placed Committee on the Judiciary. on the calendar: tion Act for Fiscal Year 1997’’; to the Com- EC–2247. A communication from the Direc- H.R. 2337. An act to amend the Internal mittee on Armed Services. tor of the Judicial Conference of the United EC–2232. A communication from the Ad- Revenue Code of 1986 to provide for increased States, transmitting, a draft of proposed leg- ministrator of the Environmental Protection taxpayer protections. islation to provide for the conversion of ex- Agency, transmitting, pursuant to law, the isting temporary U.S. District Judgeships to f (entire) National Water Quality Inventory permanent status, and for other purposes; to EXECUTIVE AND OTHER Report for calendar year 1994; to the Com- the Committee on the Judiciary. mittee on Environment and Public Works. COMMUNICATIONS EC–2248. A communication from the Direc- EC–2233. A communication from the Ad- tor of the Office of Governmental Ethics, The following communications were ministrator of the Environmental Protection transmitting, pursuant to law, the report laid before the Senate, together with Agency, transmitting, pursuant to law, a re- under the Freedom of Information Act for accompanying papers, reports, and doc- port relative to the Office of Small and Dis- calendar year 1995; to the Committee on the uments, which were referred as indi- advantaged Business Utilization (OSDBU) Judiciary. and women and minority business enter- cated: EC–2249. A communication from the Execu- prises; to the Committee on Environment tive Director of Government Affairs of the EC–2219. A communication from the Sec- and Public Works. Non Commissioned Officers Association of retary of Energy transmitting, pursuant to EC–2234. A communication from the Sec- the U.S.A., transmitting, pursuant to law, law, the annual report for the Strategic Pe- retary of the Nuclear Regulatory Commis- the report of financial statements for cal- troleum Reserve for 1995; to the Committee sion, transmitting, pursuant to law, a major endar years 1994 and 1995; to the Committee on Energy and Natural Resources. rule to establish license and annual fees on the Judiciary. EC–2220. A communication from the Dep- under the Omnibus Budget Reconciliation EC–2250. A communication from the Com- uty Associate Director for Compliance, Roy- Act of 1990; to the Committee on Environ- missioner of Social Security, transmitting, alty Management Program, Minerals Man- ment and Public Works. pursuant to law, the report under the Free- agement Service, Department of the Inte- EC–2235. A communication from the Comp- dom of Information Act for calendar year rior, transmitting, pursuant to law, notice of troller General of the United States, trans- 1995; to the Committee on the Judiciary.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3487

EC–2251. A communication from the Direc- Alberta Sebolt George, of Massachusetts, Mrs. BOXER, Mr. BRADLEY, Mr. BUMP- tor of Operations, Department of the Inte- to be a Member of the National Museum ERS, Mr. BYRD, Mr. COCHRAN, Mr. rior, transmitting, pursuant to law, the re- Services Board for a term expiring December COHEN, Mr. CONRAD, Mr. CRAIG, Mr. port under the Freedom of Information Act 6, 1998. DODD, Mr. DOLE, Mr. DORGAN, Mrs. for calendar year 1995; to the Committee on Ronnie Feuerstein Heyman, of New York, FEINSTEIN, Mr. GLENN, Mr. GRAHAM, the Judiciary. to be a Member of the National Council on Mr. HARKIN, Mr. HATFIELD, Mr. EC–2252. A communication from the Acting the Arts for a term expiring September 3, HELMS, Mr. HOLLINGS, Mrs. Administrator, General Services Administra- 2000. HUTCHISON, Mr. INOUYE, Mr. JEF- tion, transmitting, pursuant to law, the re- Terry Evans, of Kansas, to be a Member of FORDS, Mr. JOHNSTON, Mr. KENNEDY, port under the Freedom of Information Act the National Council on the Arts for a term Mr. KERREY, Mr. LEVIN, Ms. for calendar year 1995; to the Committee on expiring September 3, 2000. MOSELEY-BRAUN, Mrs. MURRAY, Mr. the Judiciary. Audrey Tayse Haynes, of Kentucky, to be a PELL, Mr. PRESSLER, Mr. PRYOR, Mr. EC–2253. A communication from the Assist- Member of the National Institute for Lit- REID, Mr. ROCKEFELLER, Mr. SAR- ant Secretary of Education (Civil Rights), eracy Advisory Board for a term expiring Oc- BANES, Mr. SIMON, Mr. SIMPSON, Mr. transmitting, pursuant to law, the annual re- tober 13, 1998. STEVENS, Mr. THURMOND, Mr. WAR- port for fiscal year 1995; to the Committee on Mary Dodd Greene, of Texas, to be a Mem- NER, and Mr. WELLSTONE): Labor and Human Resources. ber of the National Institute for Literacy S. Con. Res. 52. A concurrent resolution to EC–2254. A communication from the Sec- Advisory Board for a term expiring October recognize and encourage the convening of a retary of Health and Human Services, trans- 12, 1998. National Silver Haired Congress; to the Com- mitting, pursuant to law, the annual report Mark Edwin Emblidge, of Virginia, to be a mittee on Labor and Human Resources. on the Public Housing Primary Care pro- Member of the National Institute for Lit- f gram; to the Committee on Labor and eracy Advisory Board for a term expiring Human Resources. September 22, 1998. STATEMENT ON INTRODUCED EC–2255. A communication from the Chair- Toni G. Fay, of New Jersey, to be a Mem- BILLS AND JOINT RESOLUTION man of the National Endowment for the ber of the National Institute Literacy Advi- By Mr. LEVIN: Arts, transmitting, pursuant to law, the fis- sory Board for a term expiring October 12, S. 1679. A bill to clarify the applica- cal year 1995 report relative to the Arts and 1998. Artifacts Indemnity Program; to the Com- tion of Federal preemption of State (The above nominations were re- and local laws, and for other purposes; mittee on Labor and Human Resources. ported with the recommendation that EC–2256. A communication from the Presi- to the Committee on Governmental Af- dent of the U.S. Institute of Peace, transmit- they be confirmed, subject to the nomi- fairs. nees’ commitment to respond to re- ting, pursuant to law, the report of financial THE PREEMPTION CLARIFICATION AND statements for fiscal year 1995; to the Com- quests to appear and testify before any INFORMATION ACT OF 1996 mittee on Labor and Human Resources. duly constituted committee of the Sen- ∑ Mr. LEVIN. Mr. President, today I EC–2257. A communication from the Direc- ate.) tor of the Executive Office of the President, am introducing the Preemption and f Office of Management and Budget, transmit- Clarification Act of 1996. It would re- ting, a draft of proposed legislation entitled INTRODUCTION OF BILLS AND quire an explicit statement of Federal ‘‘The Electronic Depository Library Act of JOINT RESOLUTIONS preemption in Federal legislation in 1996’’; to the Committee on Rules and Ad- order for such preemption to occur un- The following bills and joint resolu- ministration. less there exists a direct conflict be- tions were introduced, read the first EC–2258. A communication from the Chair- tween the Federal law and a State or and second time by unanimous con- man of the Federal Election Commission, local law which cannot be reconciled. transmitting, pursuant to law, the report of sent, and referred as indicated. a proposed form; to the Committee on Rules Enactment of this bill would close the By Mr. LEVIN: back door of implied Federal preemp- and Administration. S. 1679. A bill to clarify the application of EC–2259. A communication from the Chair- Federal preemption of State and local laws, tion and put the responsibility for de- man of the Federal Election Commission, and for other purposes; to the Committee on termining whether or not State or transmitting, pursuant to law, the report of Governmental Affairs. local governments should be preempted legislative recommendations for calendar By Mr. COVERDELL: back in Congress where it belongs. year 1996; to the Committee on Rules and S. 1680. A bill to amend title 18 of the State and local officials have become Administration. United States Code to permit the judicial de- increasingly concerned with the num- EC–2260. A communication from the Sec- portation of criminal aliens; to the Com- ber of instances in which State and retary of Veterans’ Affairs, transmitting, mittee on the Judiciary. pursuant to law, a report relative to an eval- local laws have been preempted by Fed- By Mr. SPECTER (for himself and Mrs. eral law—not because Congress has uation of health status; to the Committee on FEINSTEIN): Veterans’ Affairs. S. 1681. A bill to establish a commission to done so explicitly, but because the EC–2261. A communication from the Sec- improve the policies and programs of the courts have implied such preemption. retary of Veterans’ Affairs, transmitting, Federal Government for combatting the pro- Since 1789, Congress has enacted ap- pursuant to law, a report relative to equi- liferation of weapons of mass destruction, proximately 350 laws specifically pre- table relief for calendar year 1995; to the and for other purposes; to the Select Com- empting State and local authority. Committee on Veterans’ Affairs. mittee on Intelligence. Half of these laws have been enacted in f f the last 20 years. These figures, how- EXECUTIVE REPORTS OF SUBMISSION OF CONCURRENT AND ever, do not touch upon the extensive COMMITTEES SENATE RESOLUTIONS Federal preemption of State and local authority which has occurred as a re- The following executive reports of The following concurrent resolutions sult of judicial interpretation of con- committees were submitted: and Senate resolutions were read, and gressional intent, when Congress’ in- By Mrs. KASSEBAUM, from the Com- referred (or acted upon), as indicated: tention to preempt has not been explic- mittee on Labor and Human Resources: By Mr. DOLE: itly stated in law. When Congress is C.E. Abramson, of Montana, to be a Mem- S. Res. 246. A resolution to authorize the unclear about its intent to preempt, ber of the National Commission on Libraries use of additional funds for salaries and ex- the courts must then decide whether or and Information Science for a term expiring penses of the Special Committee to Inves- July 19, 2000. tigate Whitewater Development Corporation not preemption was intended and, if so, Robert B. Rogers, of Missouri, to be a and Related Matters, and for other purposes; to what extent. Member of the Board of Directors of the Cor- considered and agreed to. Article VI of the Constitution, the poration for National and Community Serv- By Mr. SPECTER (for himself and Ms. supremacy clause, states that Federal ice for a term of three years. (New Position) MIKULSKI): laws made pursuant to the Constitu- Elmer B. Staats, of the District of Colum- S. Res. 247. A resolution expressing the tion ‘‘shall be the supreme law of the bia, to be a Member of the Board of Trustees sense of the Senate regarding a resolution of land.’’ In its most basic sense, this of the Harry S. Truman Scholarship Founda- the dispute between Greece and Turkey over clause means that a State law is ne- tion for a term expiring December 10, 2001. sovereignty to the islet in the Aegean Sea (Reappointment) called Imia by Greece and Kardak by Tur- gated or preempted when it is in con- David A. Ucko, of Missouri, to be a Mem- key; to the Committee on Foreign Relations. flict with a constitutionally enacted ber of the National Museum Services Board By Ms. MIKULSKI (for herself, Mr. Federal law. A significant body of case for a term expiring December 6, 1999. AKAKA, Mr. BINGAMAN, Mr. BOND, law has been developed to arrive at

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3488 CONGRESSIONAL RECORD — SENATE April 17, 1996 standards by which to judge whether or ment bill, however, has other provi- State, but does not include a local govern- not Congress intended to preempt sions that are troublesome. I am intro- ment of a State; and State or local authority—standards ducing my bill today in the hope that (3) ‘‘State and local government powers’’ which are subjective and have not re- we can enact this provision into law, means powers reserved under the ninth and tenth amendments of the United States Con- sulted in a consistent and predictable this year, and leave the more trouble- stitution to States or delegated to local gov- doctrine in resolving preemption ques- some features of the Tenth Amendment ernments by States. tions. Enforcement Act of 1996 for another SEC. 5. RULE OF CONSTRUCTION. If we in Congress want Federal law to day. No statute, or rule promulgated under such prevail, we should be clear about that. Mr. President, preemption clarifica- statute, shall preempt, in whole or in part, If we want the States to have discre- tion legislation has been endorsed by any State or local government law, ordi- tion to go beyond Federal require- the National Conference of State Leg- nance, or regulation, unless the statute ex- ments, we should be clear about that. islators, the Intergovernmental Affairs plicitly states that such preemption is in- If, for example, we set a floor in a Fed- Committee of the Council of State tended or unless there is a direct conflict be- eral statute, but are silent on actions Governments, the U.S. Conference of tween such statute and a State or local law, ordinance, or regulation so the two cannot which meet but then go beyond the Mayors, and the Appellate Judges Con- be reconciled or consistently stand together. Federal requirement, State and local ference of the American Bar Associa- SEC. 6. ANNUAL REPORT ON STATUTORY PRE- governments should be able to act as tion. EMPTION. they deem appropriate. State and local I ask unanimous consent that the bill (a) REPORT.—Within 90 days after each governments should not have to wait be printed in the RECORD. Congress adjourns sine die, the Congres- to see what they can and cannot do. There being no objection, the bill was sional Research Service shall prepare and Our bill would allow tougher State and ordered to be printed in the RECORD, as make available to the public a report on the local laws given congressional silence. follows: extent of Federal statutory preemption of State and local government powers enacted Our legislation also requires the Con- S. 1679 gressional Research Service, at the end into law during the preceding Congress or Be it enacted by the Senate and House of Rep- adopted through judicial interpretation of of each Congress, to compile a report resentatives of the United States of America in Federal statutes. on the number of statutory and judi- Congress assembled, (b) CONTENTS.—The report shall contain— cially interpreted preemptions. This SECTION 1. SHORT TITLE. (1) a cumulative list of the Federal stat- will constitute the first time such a This Act may be cited as the ‘‘Preemption utes preempting, in whole or in part, State complete report has been done, and the Clarification and Information Act of 1996’’. and local government powers; information will be valuable to the de- SEC. 2. FINDINGS. (2) a summary of Federal legislation en- acted during the previous Congress pre- bate regarding the appropriate use of The Congress finds that— empting, in whole or in part, State and local preemption to reach Federal goals. (1) the United States Constitution created government powers; a strong Federal system, reserving to the I introduced this bill in the 102d Con- (3) an overview of recent court cases ad- States all powers not expressly delegated to gress with Senator David Durenburger. dressing Federal preemption issues; and the Federal Government; A form of the bill was included in the (4) other information the Director of the (2) on numerous occasions, the Congress unfunded mandates law we passed in Congressional Research Service determines has enacted statutes that explicitly preempt appropriate. the spring of last year. That provision, State and local government powers and de- (c) TRANSMITTAL.—Copies of the report now law, requires that when a com- scribe the scope of the preemption; shall be sent to the President and the chair- mittee of the Senate or House reports a (3) in addition to statutes that explicitly man of the appropriate committees in the bill, the report accompanying the bill preempt State and local government powers, Senate and House of Representatives. is required to contain an explicit state- many other statutes that lack an explicit ment of the extent to which the bill is statement by Congress of its intent to pre- SEC. 7. EFFECTIVE DATE. empt and a clear description of the scope of This Act shall take effect on January 1, intended to preempt any State, local or 1997. The requirements of section 5 shall tribal law and if so, an explanation of the preemption have been construed by the courts and Federal agencies to preempt apply only to statutes enacted or final regu- the effect of such preemption. That State and local government powers; and lations which become effective on or after provision of the unfunded mandates (4) without an explicit statement of Con- January 1, 1997.∑ law is an attempt to get congressional gress’ intent to preempt State and local gov- By Mr. SPECTER (for himself and Mrs. committees to address the issue of pre- ernment powers and a clear description of FEINSTEIN): emption before legislation is reported the scope of preemption, preemptive stat- S. 1681. A bill to establish a commis- to the floor of the House or Senate. In utes— sion to improve the policies and pro- reviewing several bills that are now on (A) provide too little guidance and leave grams of the Federal Government for the Senate Calendar awaiting Senate too much discretion to Federal agencies combating the proliferation of weapons which are required to promulgate and en- action, I was disappointed to find that force regulations pursuant to statutes; of mass destruction, and for other pur- none of the ones I reviewed met the re- (B) create too great an uncertainty for poses; to the Select Committee on In- quirements of this provision. We can State and local governments; and telligence. and should do better. (C) leave the presence or scope of preemp- f This bill, unlike the provision in the tion to be litigated and determined by the unfunded mandates law where silence Federal judiciary, producing results some- COMBATING PROLIFERATION OF in the report leaves the issue unre- times contrary to or beyond the intent of WEAPONS OF MASS DESTRUC- solved, this bill establishes a principle Congress. TION ACT OF 1996 for the courts to follow in determining SEC. 3. PURPOSE. Mr. SPECTER. Mr. President, it is a preemption case where the bill is si- The purposes of this Act are to— well known that there is an enormous lent on the matter. This bill tells the (1) promote and preserve the integrity and international threat posed by weapons effectiveness of the Federal system; of mass destruction. court that if the statement of intent to (2) set forth principles governing the inter- preempt is not in the legislation then pretation of congressional intent regarding Testimony which was recently heard the court is not authorized to read it preemption of State and local government by the Senate Intelligence Committee, into the statute—unless there is a di- powers by Federal laws and regulations; and which I chair, disclosed that some 25 rect conflict between Federal and (3) establish an information collection sys- nations have weapons of mass destruc- State law. If legislation is silent, there tem designed to monitor the incidence of tion including nuclear weapons, bio- is no preemption. Federal statutory and regulatory preemp- logical weapons, and chemical weap- Earlier this year the Governmental tion. ons. Affairs Committee held a hearing on a Sec. 4. DEFINITIONS. In testimony offered by John Deutch bill entitled the ‘‘Tenth Amendment As used in this Act, the term— in 1994, when he was Deputy Secretary Enforcement Act of 1996.’’ It contains a (1) ‘‘local government’’ means a county, of Defense, he pointed out that ‘‘If city, town, borough, township, village, section on judicial construction which school district, special district, or other po- North Koreans build the Taepo Dong II is virtually the same as that contained litical subdivision of a State; missile, Alaska and parts of Hawaii in this bill and the bill I introduced in (2) ‘‘State’’ means a State of the United would be potentially at risk.’’ I think the 102d Congress. The tenth amend- States and an agency or instrumentality of a it is not well known that parts of the

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3489 United States are potentially at risk the tasks involved, the need for mar- the Commission. Any vacancy in the Com- from long-range missiles. shaling resources from many agencies, mission shall not affect its powers, but shall We have seen the development of bio- and the necessarily protracted nature be filled in the same manner as the original logical weapons by Saddam Hussein of these efforts, the failure to assign appointment. (d) INITIAL MEETING.—No later than 30 days which was confirmed last August by clear and empowered leadership has after the date on which all members of the his son-in-law following his defection. impeded the United States effort. Commission have been appointed, the Com- We see the building of chemical weap- That conclusion is obvious in taking mission shall hold its first meeting. ons by Qadhafi noted recently by Sec- a look at the enormous complicated (e) QUORUM.—A majority of the members of retary of Defense Perry with his state- bureaucracy in the United States as- the Commission shall constitute a quorum, ment that we could not tolerate the signed to deal with this problem. but a lesser number of members may hold completion of those weapons of mass In looking at the solution, I have hearings. (f) CHAIRMAN AND VICE CHAIRMAN.—The destruction. We have seen China sell considered a number of alternatives. One option is the creation of ‘‘czar,’’ Commission shall select a Chairman and missiles to Pakistan. We have seen the Vice Chairman from among its members. such as the drug czar empowered to co- tremendous tension building up on the (g) MEETINGS.—The Commission shall meet subcontinent with both Pakistan and ordinate activities against drugs in at the call of the Chairman. India engaging in a missile race. United States. I have considered the SEC. 102. DUTIES OF COMMISSION. In the United States, Mr. President, creation of a high-level position on the (a) STUDY.— while we have noted the enormous National Security Council staff. I have (1) IN GENERAL.—The Commission shall problems on weapons of mass destruc- considered the option of having a sec- carry out a thorough study of the organiza- tion, we have seen a governmental ond Deputy Secretary of Defense. I tion, policies, and programs of the U.S. Gov- structure which is extraordinarily have also considered the option of a ernment related to combatting the prolifera- tion of weapons of mass destruction. complicated and really unable to deal new Assistant Secretary of Defense (2) SPECIFIC REQUIREMENTS.—In carrying in a coordinated method with this tre- [ASD], like the ASD for special oper- out the study, the Commission shall— mendous problem. ations and low-intensity conflict cre- (A) assess the effectiveness of the policies This chart depicts the problems in ated in the late 1980’s as a result of leg- and programs of all departments and agen- the United States of the numerous islation introduced by Senator COHEN cies of the Federal Government including the agencies which have jurisdiction in one and Senator NUNN. intelligence community meeting the na- way or another over weapons of mass I have decided instead that this mat- tional security interests of the United States destruction. This chart contains boxes ter ought to be studied by a high level with respect to the proliferation of such depicting 96 different entities which special commission like the Aspin- weapons; and Brown Commission, which recently (B) assess the current structure and orga- have authority of one sort or another nization of all Federal agencies and the co- over this field. filed a comprehensive report to reorga- operation between elements of the intel- We have some authority vested in the nize the U.S. intelligence community. ligence community and the intelligence- National Security Council. We have This is a matter which can be most ef- gathering services of foreign governments in some authority vested in the Depart- fectively dealt with by experts on a addressing issues relating to the prolifera- ment of Defense, some authority vested commission. Rather than the introduc- tion of such weapons. in the Department of State, some in tion of legislation and the holding of (b) RECOMMENDATIONS.—In conducting the the Department of Justice, some in the hearings, the commission would have a study, the Commission shall develop rec- much broader purview and that is the ommendations on means of improving the ef- Department of Energy, some with the fectiveness of the organization, policies, pro- Director of Central Intelligence, others legislation which I am introducing grams of the intelligence community, and even with the Secretary of Health and today. the programs and policies of the other de- Human Services, still further authority Mr. President, I ask unanimous con- partments and agencies of the Federal Gov- in the Secretary of the Treasury and sent that my legislation, together with ernment, in meeting the national security authority in the Secretary of Com- a chart depicting this complicated bu- interests of the United States with respect merce. reaucracy which now seeks to deal to the proliferation of weapons of mass de- This is on its face an enormously un- with this problem of great national and struction. international importance, be printed in (c) REPORT.—Not later than 18 months wieldy Federal bureaucracy, and that after the date of the enactment of this Act, is our response to the problem of weap- the RECORD. the Commission shall submit to Congress a ons of mass destruction. And as shown There being no objection, the bill was report containing a detailed statement of the by this chart it is obviously a bureauc- ordered to be printed in the RECORD, as findings and conclusions of the Commission, racy which cannot function efficiently. follows: together with its recommendations for such In 1993, when I studied the Clinton S. 1681 legislation and administrative actions as it health program, I asked an assistant to Be it enacted by the Senate and House of Rep- considers appropriate. make a listing of all the agencies, resentatives of the United States of America in SEC. 103. POWERS OF COMMISSION. boards and commissions, and my as- Congress assembled, (a) HEARINGS.—The Commission may hold sistant made a chart instead which de- SECTION 1. SHORT TITLE. such hearings, sit and act at such times and This Act may be cited as the ‘‘Combatting places, take such testimony, and receive picted an enormous bureaucracy, which Proliferation of Weapons of Mass Destruc- such evidence as the Commission considers was influential in helping to defeat tion Act of 1996’’. advisable to carry out the purposes of this that health care program. If a picture TITLE I—ASSESSMENT OF PROGRAMS title. is worth 1,000 words, a chart may be AND POLICIES FOR COMBATTING PRO- (b) INFORMATION FROM FEDERAL AGEN- worth 1,000 pictures, Mr. President, and LIFERATION CIES.—The Commission may secure directly I think that this chart shows the ur- SEC. 101. ESTABLISHMENT OF COMMISSION. from any Federal department or agency such information as the Commission considers gency of some reorganization of the (a) ESTABLISHMENT.—There is established a Federal Government to deal with this commission to be known as the Commission necessary to carry out the provisions of this title. Upon request of the Chairman of the enormous problem. on Programs and Policies for Combatting the Proliferation of Weapons of Mass Destruc- Commission, the head of such department or The study of the congressionally agency shall furnish such information to the mandated Commission on Roles and tion (hereafter in this Act referred to as the ‘‘Commission’’). Commission. Missions of the Armed Forces pointed (b) MEMBERSHIP.—The Commission shall be (c) POSTAL SERVICES.—The Commission out that ‘‘Despite the declared national composed of 12 members of whom— may use the United States mails in the same emergency, there is no evidence that (1) 6 shall be appointed by the President; manner and under the same conditions as combating proliferation receives con- (2) 3 shall be appointed by the Majority other departments and agencies of the Fed- tinuous high level attention.’’ The Leader of the Senate, in consultation with eral Government. (d) GIFTS.—The Commission may accept, study’s conclusion is worth noting and the Minority Leader of the Senate; and (3) 3 shall be appointed by the Speaker of use, and dispose of gifts or donations of serv- emphasizing: ices or property. Mechanisms for effectively inte- the House of Representatives, in consulta- tion with the Minority Leader of the House SEC. 104. COMMISSION PERSONNEL MATTERS. grating the combating proliferation ac- of Representatives. (a) COMPENSATION OF MEMBERS.—Each tivities of all departments and agencies (c) PERIOD OF APPOINTMENT; VACANCIES.— member of the Commission who is not an of- are lacking. Given the complexity of Members shall be appointed for the life of ficer or employee of the Federal Government

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shall be compensated at a rate equal to the (1) the acquisition by foreign countries S. 1491 daily equivalent of the annual rate of basic during the preceding 6 months of dual-use At the request of Mr. GRAMS, the pay prescribed for level IV of the Executive and other technology useful for the develop- names of the Senator from Ohio [Mr. Schedule under section 5315 of title 5, United ment or production of weapons of mass de- DEWINE], the Senator from Missouri States Code, for each day (including travel struction (including nuclear weapons, chem- time) during which such member is engaged ical weapons, and biological weapons) and [Mr. BOND], the Senator from New in the performance of the duties of the Com- advanced conventional munitions; and Hampshire [Mr. SMITH], the Senator mission. All members of the Commission (2) trends in the acquisition of such tech- from Connecticut [Mr. LIEBERMAN], and who are officers or employees of the United nology by such countries. the Senator from Oklahoma [Mr. States shall serve without compensation in (b) FORM OF REPORTS.—The reports sub- INHOFE] were added as cosponsors of S. addition to that received for their services as mitted under subsection (a) shall be sub- 1491, a bill to reform antimicrobial pes- officers or employees of the United States. mitted in unclassified form, but may include ticide registration, and for other pur- (b) TRAVEL EXPENSES.—The members of a classified annex. poses. the Commission shall be allowed travel ex- [The chart referred to by Senator penses, including per diem in lieu of subsist- S. 1613 SPECTER was not reproducible in the ence, at rates authorized for employees of At the request of Mr. COCHRAN, the RECORD.] agencies under subchapter I of chapter 57 of name of the Senator from New Hamp- title 5, United States Code, while away from f shire [Mr. GREGG] was added as a co- their homes or regular places of business in ADDITIONAL COSPONSORS the performance of services for the Commis- sponsor of S. 1613, a bill to amend the sion. S. 358 National School Lunch Act to provide (c) STAFF.— At the request of Mr. HEFLIN, the greater flexibility to schools to meet (1) IN GENERAL.—The Chairman of the Com- name of the Senator from Louisiana the Dietary Guidelines for Americans mission may, without regard to the civil [Mr. BREAUX] was added as a cosponsor under the school lunch and school service laws and regulations, appoint and of S. 358, a bill to amend the Internal breakfast programs, and for other pur- terminate an executive director and such poses. other additional personnel as may be nec- Revenue Code of 1986 to provide for an essary to enable the Commission to perform excise tax exemption for certain emer- S. 1624 its duties. The employment of an executive gency medical transportation by air At the request of Mr. HATCH, the director shall be subject to confirmation by ambulance. names of the Senator from Ohio [Mr. the Commission. S. 704 GLENN] and the Senator from Maryland (2) COMPENSATION.—The Chairman of the At the request of Mr. SIMON, the [Ms. MIKULSKI] were added as cospon- Commission may fix the compensation of the name of the Senator from Utah [Mr. sors of S. 1624, a bill to reauthorize the executive director and other personnel with- out regard to the provisions of chapter 51 and BENNETT] was added as a cosponsor of Hate Crime Statistics Act, and for subchapter III of chapter 53 of title 5, United S. 704, a bill to establish the Gambling other purposes. States Code, relating to classification of po- Impact Study Commission. S. 1635 sitions and General Schedule pay rates, ex- S. 968 At the request of Mr. DOLE, the name cept that the rate of pay for the executive di- At the request of Mr. MCCONNELL, of the Senator from Montana [Mr. rector and other personnel may not exceed the name of the Senator from New BURNS] was added as a cosponsor of S. the rate payable for level V of the Executive Mexico [Mr. BINGAMAN] was added as a Schedule under section 5316 of such title. 1635, a bill to establish a United States (d) DETAIL OF GOVERNMENT EMPLOYEES.— cosponsor of S. 968, a bill to require the policy for the deployment of a national Any Federal Government employee may be Secretary of the Interior to prohibit missile defense system, and for other detailed to the Commission without reim- the import, export, sale, purchase, and purposes. bursement, and such detail shall be without possession of bear viscera or products S. 1641 interruption or loss of civil service status or that contain or claim to contain bear At the request of Mr. GRAMS, the privilege. viscera, and for other purposes. (e) PROCUREMENT OF TEMPORARY AND name of the Senator from North Da- S. 990 INTERMITTENT SERVICES.—The Chairman of kota [Mr. DORGAN] was added as a co- the Commission may procure temporary and At the request of Mr. WYDEN, his sponsor of S. 1641, a bill to repeal the intermittent services under section 3109(b) of name was added as a cosponsor of S. consent of Congress to the Northeast title 5, United States Code, at rates for indi- 990, a bill to expand the availability of Interstate Dairy Compact, and for viduals which do not exceed the daily equiva- qualified organizations for frail elderly other purposes. lent of the annual rate of basic pay pre- community projects (Program of All- S. 1674 scribed for level V of the Executive Schedule inclusive Care for the Elderly (PACE)), At the request of Mr. GRASSLEY, the under section 5316 of such title. to allow such organizations, following name of the Senator from Illinois [Ms. SEC. 105. TERMINATION OF COMMISSION. a trial period, to become eligible to be The Commission shall terminate 60 days MOSELEY-BRAUN] was added as a co- providers under applicable titles of the after the date on which the Commission sub- sponsor of S. 1674, a bill to amend the Social Security Act, and for other pur- mits its report under section 102(c). Internal Revenue Code of 1986 to ex- poses. SEC. 106. DEFINITION. pand the applicability of the first-time For purposes of this title, the term ‘‘intel- S. 1028 farmer exception. ligence community’’ shall have the meaning At the request of Mrs. KASSEBAUM, given such term in section 3(4) of the Na- the names of the Senator from Lou- S. 1675 tional Security Act of 1947 (50 U.S.C. 401a(4)). isiana [Mr. JOHNSTON] and the Senator At the request of Mr. GRAMM, the SEC. 107. AUTHORIZATION OF APPROPRIATIONS. from Iowa [Mr. GRASSLEY] were added names of the Senator from Arizona (a) IN GENERAL.—There are authorized to as cosponsors of S. 1028, a bill to pro- [Mr. KYL] and the Senator from North be appropriated for the Commission for fiscal Dakota [Mr. DORGAN] were added as co- year 1996 such sums as may be necessary for vide increased access to health care benefits, to provide increased port- sponsors of S. 1675, a bill to provide for the Commission to carry out its duties under the nationwide tracking of convicted this title. ability of health care benefits, to pro- (b) AVAILABILITY.—Amounts appropriated vide increased security of health care sexual predators, and for other pur- pursuant to the authorization of appropria- benefits, to increase the purchasing poses. tions in subsection (a) shall remain available power of individuals and small employ- SENATE CONCURRENT RESOLUTION 42 until the termination of the Commission ers, and for other purposes. At the request of Mrs. KASSEBAUM, under section 105. S. 1150 the names of the Senator from Illinois TITLE II—OTHER MATTERS At the request of Mr. SANTORUM, the [Ms. MOSELEY-BRAUN] and the Senator SEC. 201. REPORTS ON ACQUISITION OF TECH- from Virginia [Mr. WARNER] were added NOLOGY RELATING TO WEAPONS OF names of the Senator from Iowa [Mr. MASS DESTRUCTION AND AD- GRASSLEY] and the Senator from New as cosponsors of Senate Concurrent VANCED CONVENTIONAL MUNI- Mexico [Mr. DOMENICI] were added as Resolution 42, a concurrent resolution TIONS. cosponsors of S. 1150, a bill to require concerning the emancipation of the (a) REPORTS.—Not later than 6 months Iranian Baha’i community. after the date of the enactment of this Act, the Secretary of the Treasury to mint and every 6 months thereafter, the Director coins in commemoration of the 50th SENATE CONCURRENT RESOLUTION 50 of Central Intelligence shall submit to Con- anniversary of the Marshall plan and At the request of Mr. DOLE, the name gress a report on— George Catlett Marshall. of the Senator from Massachusetts

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3491 [Mr. KERRY] was added as a cosponsor and ranking member of the Special tigate Whitewater Development Corporation of Senate Concurrent Resolution 50, a Subcommittee on Aging, and many and Related Matters (hereafter in this Reso- concurrent resolution concerning more of my colleagues on both sides of lution referred to as the ‘‘special com- human and political rights and in sup- the aisle in sponsoring this important mittee’’), established by Senate Resolution 120, 104th Congress, agreed to May 17, 1995 (as port of a resolution of the crisis in piece of legislation. amended by Senate Resolution 153, 104th Kosova. What is a national silver-haired con- Congress, agreed to July 17, 1995) to carry SENATE RESOLUTION 85 gress? Well, it is the vision of a truly out the investigation, study and hearings au- At the request of Mr. CHAFEE, the inspirational group of seniors. Begin- thorized by that Senate Resolution— name of the Senator from Missouri ning back in 1973, a group of Missouri (1) a sum equal to not more than $450,000. (A) for payment of salaries and other ex- [Mr. BOND] was added as a cosponsor of seniors got together and decided to get involved. They formed a silver-haired penses of the special committee; and Senate Resolution 85, a resolution to (B) not more than $350,000 of which may be express the sense of the Senate that ob- legislature. They modeled their legisla- used by the special committee for the pro- stetrician-gynecologists should be in- ture after the State’s and took up curement of the services of individual con- cluded in Federal laws relating to the pieces of legislation that affected sen- sultants or organizations thereof; and provision of health care. iors. (2) such additional sums as may be nec- That was 1973. Today, almost half the essary for agency contributions related to f States have silver-haired legislatures. the compensation of employees of the special SENATE CONCURRENT RESOLU- These mock legislatures take bills committee. TION 52—TO RECOGNIZE AND EN- through the entire legislative process SEC. 2. TERMINATION OF THE SPECIAL COM- COURAGE THE CONVENING OF A and present their bills that they pass MITTEE. NATIONAL SILVER-HAIRED CON- (a) HEARINGS.—Not later than June 14, 1996, to their State legislators. These rec- the special committee shall complete the in- GRESS ommendations are taken very seri- vestigation, study, and hearings authorized Ms. MIKULSKI (for herself, Mr. ously. The silver-haired legislatures by Senate Resolution 120, 104th Congress, AKAKA, Mr. BINGAMAN, Mr. BOND, Mrs. have helped in the passage of many agreed to May 17, 1995 (as amended by Senate BOXER, Mr. BRADLEY, Mr. BUMPERS, Mr. programs: from consumer protections Resolution 153, 104th Congress, agreed to July 17, 1995). BYRD, Mr. COCHRAN, Mr. COHEN, Mr. and crime prevention to health care, (b) REPORT.—Not later than June 17, 1996, CONRAD, Mr. CRAIG, Mr. DODD, Mr. housing, and long-term care. I am submitting today a concurrent the special committee shall submit to the DOLE, Mr. DORGAN, Mrs. FEINSTEIN, Mr. Senate the final public report required by GLENN, Mr. GRAHAM, Mr. HARKIN, Mr. resolution to create the first national section 9(b) of Senate Resolution 120, 104th HATFIELD, Mr. HELMS, Mr. HOLLINGS, silver-haired congress. Based on the ex- Congress, agreed to May 17, 1995 (as amended Mrs. HUTCHISON, Mr. INOUYE, Mr. JEF- perience of the silver-haired legisla- by Senate Resolution 153, 104th Congress, FORDS, Mr. JOHNSTON, Mr. KENNEDY, tures in the States, this silver-haired agreed to July 17, 1995) on the results of the Mr. KERREY, Mr. LEVIN, Ms. MOSELEY- congress would provide a national investigation, study, and hearings conducted pursuant to that Resolution. BRAUN, Mrs. MURRAY, Mr. PELL, Mr. forum for aging issues—a forum pat- PRESSLER, Mr. PRYOR, Mr. REID, Mr. terned after the U.S. Congress. It will f ROCKEFELLER, Mr. SARBANES, Mr. be completely staffed by older Ameri- SENATE RESOLUTION 247— SIMON, Mr. SIMPSON, Mr. STEVENS, Mr. cans, and serve to address the broad RELATIVE TO IMIA ISLET range of seniors issues. Like us, this THURMOND, Mr. WARNER, and Mr. Mr. SPECTER (for himself and Ms. WELLSTONE) submitted the following silver-haired congress would be com- MIKULSKI) submitted the following res- concurrent resolution; which was re- prised of 100 senators and 435 represent- atives. But unlike us, all the members olution; which was referred to the ferred to the Committee on Labor and Committee on Foreign Relations: Human Resources: will serve without pay. S. RES. 247 S. CON. RES. 52 The population of older Americans is growing at a faster rate than any other Whereas Greece and Turkey are engaged in Whereas many States have encouraged and a dispute over sovereignty to an islet in the facilitated the creation of senior citizen leg- age group. As this elderly population grows, it is more important than ever Aegean Sea called Imia by Greece and islative and advocacy bodies; Kardak by Turkey: Whereas in creating such bodies such to encourage the input of seniors in our Whereas the islet is a dependent of the Is- States have provided to many older Ameri- political process. At no cost whatso- land of Calimnos, an island in the Dodeca- cans the opportunity to express concerns, ever to the American public, a national nese region of the Aegean Sea: promote appropriate interests, and advance silver-haired congress will provide a Whereas in Article 15 of the Treaty of the common good by influencing the legisla- national forum for issues of concern to Peace with Turkey, and other Instruments, tion and actions of State government; and older Americans. The input and coun- signed at Lausanne on July 24, 1923, Turkey Whereas a National Silver-Haired Con- renounced in favor of Italy all right and title gress, with representatives from each State, sel that a forum like this will provide to the U.S. Congress is invaluable. of Turkey over 12 islands in the Dodecanese would provide a national forum for a non- region that were occupied at the time of the partisan evaluation of grassroots solutions It is with great enthusiasm and ex- Treaty by Italy, including the Island of to concerns shared by an increasing number citement that I submit this concurrent Calimnos, and the islets dependent on such of older Americans: Now, therefore, be it resolution and ask my colleagues to islands; Resolved by the Senate (the House of Rep- support this wonderful proposal for a Whereas the Convention Between Italy and resentatives concurring), That the congress national silver-haired congress.∑ Turkey for the Delimitation of the Terri- hereby recognizes and encourages the con- torial Waters Between the Coasts of Anatolia f vening of an annual National Silver-Haired and the Island of Castellorizio, signed at An- Congress in the District of Columbia. SENATE RESOLUTION 246—REL- kara on January 4, 1932, established the ∑ Ms. MIKULSKI. Mr. President, I sub- ATIVE TO THE SPECIAL COM- rights of Italy and Turkey in coastal islands, mit a concurrent resolution to recog- MITTEE TO INVESTIGATE WHITE- waters, and rocks in the Aegean Sea and de- nize and encourage the convening of a WATER DEVELOPMENT COR- limited a maritime frontier between the two national silver-haired congress. This countries: PORATION AND RELATED MAT- Whereas a Protocol to that Convention es- concurrent resolution passed the Sen- TERS tablished a border between Italy and Turkey ate and the House of Representatives Mr. DOLE submitted the following which placed the islet under the control of in 1994. Unfortunately, since each con- resolution; which was considered and Italy; current resolution was not voted on by agreed to: Whereas in Article 14 of the 1947 Treaty of the other Chamber, neither was tech- Peace with Italy, Italy ceded to Greece the nically adopted. S. RES. 246 Island of Calimnos and adjacent islets; That is why I am resubmitting this SECTION 1. FUNDS FOR SALARIES AND EX- Whereas the Eastern Mediterranean re- legislation—I think it is important, PENSES OF SPECIAL COMMITTEE. gion, in which the Aegean Sea is located, is There shall be made available from the a region of vital strategic importance to the and I want both Houses to formally en- contingent fund of the Senate out of the Ac- United States; dorse this plan. As ranking member of count for Expenses for Inquiries and Inves- Whereas both Greece and Turkey are mem- the Aging Subcommittee, I am joined tigations, for use not later than June 17, bers of the North Atlantic Treaty Organiza- by Senators COHEN and PRYOR, chair 1996, by the Special Committee to Inves- tion and allies of the United States;

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3492 CONGRESSIONAL RECORD — SENATE April 17, 1996 Whereas it is in the interest of the United Mr. President, I will read the resolve for each individual enrolled with the organi- States and other nations to have the dispute clause of the resolution: zation under this section. resolved peacefully; and ‘‘(D) The Secretary shall establish a sepa- Whereas the International Court of Justice That it is the sense of the Senate that the rate rate of payment to an eligible organiza- in The Hague was established to promote the Government of Greece and the Government tion with respect to any individual deter- peaceful resolution of international disputes of Turkey should— mined to have end-stage renal disease and in conformity with international law: Now, (1) submit to the International Court of enrolled with the organization. Such rate of therefore, be it Justice in The Hague the dispute of such payment shall be actuarially equivalent to Resolved, That it is the sense of the Senate governments over sovereignty to the islet in rates paid to other enrollees in the payment that the Government of Greece and the Gov- the Aegean Sea called Imia by Greece and area (or such other area as specified by the ernment of Turkey should— Kardak by Turkey; and Secretary). (1) submit to the International Court of (2) agree to be bound by the decision of the ‘‘(E)(i) The amount of payment under this Justice in The Hague the dispute of such Court with respect to that dispute. paragraph may be retroactively adjusted to governments over sovereignty to the islet in f take into account any difference between the the Aegean Sea called Imia by Greece and actual number of individuals enrolled in the Kardak by Turkey; and AMENDMENTS SUBMITTED plan under this section and the number of (2) agree to be bound by the decision of the such individuals estimated to be so enrolled Court with respect to the dispute. in determining the amount of the advance Mr. SPECTER. Mr. President, for THE HEALTH INSURANCE REFORM payment. ACT OF 1996 ‘‘(ii)(I) Subject to subclause (II), the Sec- thousands of years, the Aegean Sea, retary may make retroactive adjustments and the Eastern Mediterranean as a under clause (i) to take into account individ- whole, has been a critical geopolitical uals enrolled during the period beginning on region. I believe it is in the national in- THOMAS AMENDMENT NO. 3673 the date on which the individual enrolls with terest of the United States to have the (Ordered to lie on the table.) an eligible organization (which has a risk- countries in this region resolve their Mr. THOMAS submitted an amend- sharing contract under this section) under a disputes peacefully. As former Assist- ment intended to be proposed by him health benefit plan operated, sponsored, or to the bill (S. 1028) to provide increased contributed to by the individual’s employer ant Secretary of State Richard Hol- or former employer (or the employer or brook recently noted, ‘‘you cannot access to health care benefits, to pro- former employer of the individual’s spouse) have the southern flank of NATO in vide increased portability of health and ending on the date on which the indi- constant tension without having stra- care benefits, to provide increased se- vidual is enrolled in the plan under this sec- tegic instability, which will ultimately curity of health care benefits, to in- tion, except that for purposes of making wreck NATO.’’ crease the purchasing power of individ- such retroactive adjustments under this Unfortunately, Greece and Turkey— uals and small employers, and for other clause, such period may not exceed 90 days. both members of NATO, and both allies ‘‘(II) No adjustment may be made under purposes; as follows: subclause (I) with respect to any individual of the United States—have been locked At the end of the bill, insert the following who does not certify that the organization in bitter conflict for many hundreds of new section: provided the individual with the explanation years. The case of Cyprus is a tragic re- SEC. . PAYMENTS TO HEALTH MAINTENANCE described in subsection (c)(3)(E) at the time cent example. I am concerned that in ORGANIZATIONS AND COMPETITIVE the individual enrolled with the organiza- such a climate of hostility, relatively MEDICAL PLANS. tion. minor disputes could erupt into major (a) IN GENERAL.—Section 1876(a) of the So- ‘‘(F)(i) At least 45 days before making the cial Security Act (42 U.S.C. 1395mm(a)) is announcement under subparagraph (A) for conflict. It could be a war which would amended to read as follows: the year, the Secretary shall provide for no- spread to that area. ‘‘(a)(1)(A) The Secretary shall annually de- tice to eligible organizations of proposed The most recent manifestation of termine, and shall announce (in a manner in- changes to be made in the methodology or tension between Greece and Turkey tended to provide notice to interested par- benefit coverage assumptions from the meth- centers on Imia and other islets in the ties) not later than August 1 before the cal- odology and assumptions used in the pre- Aegean. The sovereignty questions are endar year concerned— vious announcement and shall provide such quite complex, and involve treaties and ‘‘(i) a per capita rate of payment for indi- organizations an opportunity to comment on viduals who are enrolled under this section such proposed changes. other agreements signed after World ‘‘(ii) In each announcement made under War I and World War II, including the with an eligible organization which has en- tered into a risk-sharing contract and who subparagraph (A) for a year, the Secretary Paris Peace Treaty of 1947, the Italo- are entitled to benefits under part A and en- shall include an explanation of the assump- Turkish Agreement of 1932, and the 1923 rolled under part B, and tions (including any benefit coverage as- Lausanne Peace Treaty. Simply put, ‘‘(ii) a per capita rate of payment for indi- sumptions) and changes in methodology used each nation claims the islet of Imia, viduals who are so enrolled with such an or- in the announcement in sufficient detail so called Kardak by Turkey, as part of its ganization and who are enrolled under part B that eligible organizations can compute per national territory. only. capita rates of payment for individuals lo- cated in each county (or equivalent medicare For purposes of this section, the term ‘risk- However, I believe that this dispute payment area) which is in whole or in part sharing contract’ means a contract entered should be resolved in the International within the service area of such an organiza- into under subsection (g) and the term ‘rea- Court of Justice [ICJ] at The Hague. tion. The ICJ was established to promote the sonable cost reimbursement contract’ means ‘‘(2) With respect to any eligible organiza- a contract entered into under subsection (h). peaceful resolution of international tion which has entered into a reasonable cost ‘‘(B) The annual per capita rate of payment reimbursement contract, payments shall be disputes in conformity with inter- for each medicare payment area (as defined national law. The dispute over the islet made to such plan in accordance with sub- in paragraph (5)) shall be equal to the ad- section (h)(2) rather than paragraph (1). of Imia is, in my judgment, an ideal justed capitation rate (as defined in para- ‘‘(3) Subject to subsections (c)(2)(B)(ii) and candidate for adjudication by The graph (4)), adjusted by the Secretary for— (c)(7), payments under a contract to an eligi- Hague. ‘‘(i) individuals who are enrolled under this ble organization under paragraph (1) or (2) It is for that reason I am submitting section with an eligible organization which shall be instead of the amounts which (in the this sense of the Senate resolution, has entered into a risk-sharing contract and absence of the contract) would be otherwise which calls upon Greece and Turkey to who are enrolled under part B only; and payable, pursuant to sections 1814(b) and ‘‘(ii) such risk factors as age, disability 1833(a), for services furnished by or through submit their dispute to the ICJ, and status, gender, institutional status, and such agree to be bound by the decision of the organization to individuals enrolled with other factors as the Secretary determines to the organization under this section. the court. The Eastern Mediterranean be appropriate so as to ensure actuarial ‘‘(4)(A) For purposes of this section, the is a region of critical importance. I be- equivalence. The Secretary may add to, mod- ‘adjusted capitation rate’ for a medicare pay- lieve that it is essential to resolve con- ify, or substitute for such factors, if such ment area (as defined in paragraph (5)) is flict peacefully, and to work with the changes will improve the determination of equal to the greatest of the following: countries of the region to resolve key actuarial equivalence. ‘‘(i) The sum of— issues in a way that is consistent with ‘‘(C) In the case of an eligible organization ‘‘(I) the area-specific percentage for the with a risk-sharing contract, the Secretary year (as specified under subparagraph (B) for the rule of law. This resolution, in my shall make monthly payments in advance the year) of the area-specific adjusted capi- judgment, is a critical first step in en- and in accordance with the rate determined tation rate for the year for the medicare suring that relatively minor conflicts under subparagraph (B) and except as pro- payment area, as determined under subpara- do not escalate into major ones. vided in subsection (g)(2), to the organization graph (C), and

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3493 ‘‘(II) the national percentage (as specified ‘‘(I) the sum (for all medicare payment ‘‘(ii) In the case of a State requesting an under subparagraph (B) for the year) of the areas) of the product of (aa) the area-specific adjustment under this subparagraph, the input-price-adjusted national adjusted capi- adjusted capitation rate for that year for the Secretary shall adjust the payment rates tation rate for the year, as determined under area under subparagraph (C), and (bb) the av- otherwise established under this section for subparagraph (D), erage number of standardized medicare bene- medicare payment areas in the State in a multiplied by a budget neutrality adjust- ficiaries residing in that area in the year; di- manner so that the aggregate of the pay- ment factor determined under subparagraph vided by ments under this section in the State shall (E). ‘‘(II) the total average number of standard- be equal to the aggregate payments that ‘‘(ii) An amount equal to— ized medicare beneficiaries residing in all would have been made under this section for ‘‘(I) in the case of 1997, 80 percent of the the medicare payment areas for that year. medicare payment areas in the State in the input-price-adjusted national adjusted capi- ‘‘(iii) In applying this subparagraph for absence of the adjustment under this sub- tation rate for the year, as determined under 1997— paragraph. subparagraph (D); and ‘‘(I) medicare services shall be divided into ‘‘(iii) The metropolitan based system de- ‘‘(II) in the case of a succeeding year, the 2 types of services: part A services and part scribed in this clause is one in which— ‘‘(I) all the portions of each metropolitan amount specified in this clause for the pre- B services; statistical area in the State or in the case of ceding year increased by the national aver- ‘‘(II) the proportions described in clause a consolidated metropolitan statistical area, (i)(II) for such types of services shall be— age per capita growth percentage specified all of the portions of each primary metro- ‘‘(aa) for part A services, the ratio (ex- under subparagraph (F) for that succeeding politan statistical area within the consoli- pressed as a percentage) of the national aver- year. dated area within the State, are treated as a ‘‘(iii) An amount equal to— age annual per capita rate of payment for single medicare payment area, and ‘‘(I) in the case of 1997, 102 percent of the part A for 1996 to the total average annual ‘‘(II) all areas in the State that do not fall annual per capita rate of payment for 1996 per capita rate of payment for parts A and B within a metropolitan statistical area are for the medicare payment area (determined for 1996, and treated as a single medicare payment area. under this subsection, as in effect on the day ‘‘(bb) for part B services, 100 percent minus ‘‘(iv) In clause (iii), the terms ‘metropoli- before the date of enactment of the Health the ratio described in item (aa); tan statistical area’, ‘consolidated metro- Insurance Reform Act of 1995; and ‘‘(III) for part A services, 70 percent of pay- politan statistical area’, and ‘primary metro- ‘‘(II) in the case of a subsequent year, 102 ments attributable to such services shall be politan statistical area’ mean any area des- percent of the adjusted capitation rate under adjusted by the index used under section ignated as such by the Secretary of Com- this subsection for the area for the previous 1886(d)(3)(E) to adjust payment rates for rel- merce. year. ative hospital wage levels for hospitals lo- ‘‘(6) Subject to subsections (c)(2)(B)(ii) and ‘‘(B) For purposes of subparagraph (A)(i)— cated in the payment area involved; and (c)(7), if an individual is enrolled under this ‘‘(i) for 1997, the ‘area-specific percentage’ ‘‘(IV) for part B services— section with an eligible organization having is 90 percent and the ‘national percentage’ is ‘‘(aa) 66 percent of payments attributable a risk-sharing contract, only the eligible or- 10 percent, to such services shall be adjusted by the ganization shall be entitled to receive pay- ‘‘(ii) for 1998, the ‘area-specific percentage’ index of the geographic area factors under ments from the Secretary under this title for is 85 percent and the ‘national percentage’ is section 1848(e) used to adjust payment rates services furnished to the individual.’’. 15 percent, for physicians’ services furnished in the pay- (b) EFFECTIVE DATE.—The amendment ‘‘(iii) for 1999, the ‘area-specific percentage’ ment area, and made by this section shall take effect on Oc- is 80 percent and the ‘national percentage’ is ‘‘(bb) of the remaining 34 percent of the tober 1, 1996. 20 percent, amount of such payments, 70 percent shall be f ‘‘(iv) for 2000, the ‘area-specific percentage’ adjusted by the index described in subclause is 75 percent and the ‘national percentage’ is (III). AUTHORITY FOR COMMITTEES TO 25 percent, and MEET ‘‘(v) for a year after 2000, the ‘area-specific The Secretary may continue to apply the COMMITTEE ON INDIAN AFFAIRS percentage’ is 70 percent and the ‘national rules described in this clause (or similar percentage’ is 30 percent. rules) for 1998. Mr. HATCH. Mr. President, I ask ‘‘(C) For purposes of subparagraph (A)(i), ‘‘(E) For each year, the Secretary shall unanimous consent that the Com- the area-specific adjusted capitation rate for compute a budget neutrality adjustment fac- mittee on Indian Affairs be authorized a medicare payment area— tor so that the aggregate of the payments to conduct three (3) consecutive hear- ‘‘(i) for 1997, is the average of the annual under this section shall be equal to the ag- ings during the session of the Senate per capita rates of payment for the area for gregate payments that would have been on Wednesday, April 17, Thursday, 1994 through 1996, after adjusting the 1994 made under this section if the area-specific percentage for the year had been 100 percent April 18, and Friday, April 19, 1996, on and 1995 rates of payment to 1996 dollars, in- the President’s budget request for fis- creased by the national average per capita and the national percentage had been 0 per- growth percentage for 1997 (as defined in sub- cent. cal year 1997 for Indian programs and paragraph (F)); or ‘‘(F) In this section, the ‘national average related budgetary issues from fiscal ‘‘(ii) for a subsequent year, is the area-spe- per capita growth percentage’ is equal to the year 1996. The hearings will be held at cific adjusted capitation rate for the pre- percentage growth in medicare fee-for-serv- 1:30 p.m. each day in room 485 on the vious year determined under this subpara- ice per capita expenditures, which the Sec- Russell Senate Office Building. graph for the area, increased by the national retary shall project for each year. The PRESIDING OFFICER. Without average per capita growth percentage for ‘‘(5)(A) In this section, except as provided objection, it is so ordered. in subparagraph (C), the term ‘medicare pay- such subsequent year. COMMITTEE ON LABOR AND HUMAN RESOURCES ‘‘(D)(i) For purposes of subparagraph (A)(i) ment area’ means a county, or equivalent and subparagraph (A)(ii), the input-price-ad- area specified by the Secretary. Mr. HATCH. Mr. President, I ask justed national adjusted capitation rate for a ‘‘(B) In the case of individuals who are de- unanimous consent that the Com- medicare payment area for a year is equal to termined to have end stage renal disease, the mittee on Labor and Human Resources the sum, for all the types of medicare serv- medicare payment area shall be specified by be authorized to meet in executive ses- ices (as classified by the Secretary), of the the Secretary. sion during the session of the Senate product (for each such type of service) of— ‘‘(C)(i) Upon written request of the Chief on Wednesday April 17, 1996, at 9:30 ‘‘(I) the national standardized adjusted Executive Officer of a State for a contract a.m. capitation rate (determined under clause (ii)) year (beginning after 1997) made at least 7 The PRESIDING OFFICER. Without months before the beginning of the year, the for the year, objection, it is so ordered. ‘‘(II) the proportion of such rate for the Secretary shall adjust the system under year which is attributable to such type of which medicare payment areas in the State COMMITTEE ON RULES AND ADMINISTRATION services, and are otherwise determined under subpara- Mr. HATCH. Mr. President, I ask ‘‘(III) an index that reflects (for that year graph (A) to a system which— unanimous consent that the Com- and that type of services) the relative input ‘‘(I) has a single statewide medicare pay- mittee on Rules and Administration be price of such services in the area compared ment area, authorized to meet during the session to the national average input price of such ‘‘(II) is a metropolitan based system de- of the Senate on Wednesday, April 17, services. scribed in clause (iii), or 1996, beginning at 10 a.m. until business In applying subclause (III), the Secretary ‘‘(III) which consolidates into a single medicare payment area noncontiguous coun- is completed, to hold a hearing on cam- shall, subject to clause (iii), apply those indi- paign finance reform. ces under this title that are used in applying ties (or equivalent areas described in sub- paragraph (A)) within a State. The PRESIDING OFFICER. Without (or updating) national payment rates for spe- objection, it is so ordered. cific areas and localities. Such adjustment shall be effective for pay- ‘‘(ii) In clause (i)(I), the ‘national standard- ments for months beginning with January of SELECT COMMITTEE ON INTELLIGENCE ized adjusted capitation rate’ for a year is the year following the year in which the re- Mr. HATCH. Mr. President, I ask equal to— quest is received. unanimous consent that the Select

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3494 CONGRESSIONAL RECORD — SENATE April 17, 1996 Committee on Intelligence be author- Affairs Committee. Issues relating to BOSTON’S ENGLISH HIGH SCHOOL ized to meet during the session of the the care and treatment of veterans and ∑ Mr. KERRY. Mr. President, on Senate on Wednesday, April 17, 1996, at efforts to improve the veterans’ health Thursday, April 25, 1996, the English 2 p.m., to hold a closed hearing on in- delivery system are very familiar and High School in Boston, MA, will be telligence matters. important to me. celebrating its 175th anniversary. The The PRESIDING OFFICER. Without Mr. President, I was born and raised oldest public high school in the United objection, it is so ordered. on the grounds of a VA hospital facil- States, English High School has SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT ity, and I understand the concerns of changed with the times but has always AND THE COURTS veterans in this matter. My mother maintained a high standard of edu- Mr. HATCH. Mr. President, I ask and father spent their careers working cation and compassion for its students. unanimous consent that the Adminis- for veterans in Veterans’ Administra- With award-winning teachers, stu- trative Oversight and the Courts Sub- tion hospitals. Our veterans fought on dents, and graduates, Boston English committee be authorized to meet dur- many battlefields to preserve the lib- High is among the finest educational ing the session of the Senate on erty of succeeding generations of institutions in our Nation. Wednesday, April 17, 1996, at 2 p.m., to Americans. I would like to take this opportunity hold an executive business meeting. Today, one of the greatest threats to to recognize the English High School The PRESIDING OFFICER. Without our children and grandchildren is not and join with the Boston Public objection, it is so ordered. as much the imminent outbreak of war Schools in celebrating its 175th anni- SUBCOMMITTEE ON PARKS, HISTORIC and the subsequent call to service, but versary.∑ PRESERVATION AND RECREATION rather the massive national debt and f Mr. HATCH. Mr. President, I ask annual Federal deficits. If nothing is MISSED VOTES ON APRIL 16, 1996 unanimous consent that the Sub- done, the next generation will face a ∑ Mr. MURKOWSKI. Mr. President, committee on Parks, Historic Preser- future of diminished opportunity and a while the Senate was in session yester- vation, and Recreation of the Com- declining standard of living. mittee on Energy and Natural Re- day, I was unable to participate in our sources be granted permission to meet While service to our country has en- proceedings because I was attending during the session of the Senate on titled veterans to very unique benefits the funeral of my late uncle, Harry Wednesday, April 17, 1996, for purposes that are available to no other single Murkowski, in Washington State. of conducting a subcommittee hearing group of Americans, these benefits are My late uncle, Harry was 92 when he which is scheduled to begin at 9:30 a.m. by no means the root cause of our huge passed away late last week. He was the The purpose of this hearing is to con- Federal deficits. I have fought against last of my relatives who was of my par- sider S. 128, a bill to establish the unnecessary cuts in veterans’ programs ents’ generation and I felt it was im- Thomas Cole National Historical Site that would have compromised our Na- portant that I share my mourning with in the State of New York; S. 695, a bill tion’s commitment to those who have members of my family. to provide for the establishment of the served in defense of our freedom. Harry, who was widowed several Tallgrass Prairie National Preserve in At the same time, however, any new years ago, lived in Puyallup and Kansas; and S. 1476, a bill to establish spending on veterans’ programs or ben- Enumclaw, WA, worked his entire life the Boston Harbor Islands National efits must be treated with an equal eye as a fire fighter on the McChord Air Recreation Area. toward fiscal responsibility—sufficient Force Base. He is survived by his The PRESIDING OFFICER. Without spending reductions must occur within daughter, Beth Newman. objection, it is so ordered. the Veterans’ Administration itself or Mr. President, yesterday I missed two rollcall votes because of my at- SUBCOMMITTEE ON READINESS in other areas of Federal spending. At tendance at the funeral. The April 16, Mr. HATCH. Mr. President, I ask this time, the Simpson bill carries with CONGRESSIONAL RECORD reflects how I unanimous consent that the Sub- it a revenue effect of $13 billion in new would have voted, had I been here to committee on Readiness of the Com- spending. I believe that the sponsor participate in the Senate debate. As mittee on Armed Services be author- and I would both acknowledge that this the RECORD reflects, my vote would not ized to meet at 9:30 a.m. on Wednesday, bill should not move through the legis- have changed the outcome of either April 17, 1996, in open session, to re- lative process without a corresponding vote. ∑ ceive testimony on the privatization of $13 billion in spending reductions. Department of Defense depot mainte- These rules and budget realities are f nance and other commercial activities. the same that I have operated under BAD LAW ON AFFIRMATIVE The PRESIDING OFFICER. Without during my entire service in Congress. ACTION Recently, I fought on the Senate floor objection, it is so ordered. ∑ Mr. SIMON. Mr. President, one of the for sufficient spending reductions of f recent decisions that was a most unfor- $1.2 billion to cover and offset the costs tunate one was the decision by the U.S. ADDITIONAL STATEMENTS of Federal disaster assistance, a large Court of Appeals that colleges and uni- portion of which would benefit Penn- versities cannot keep in mind diversity sylvania communities as we rebuild as they put together a student body. VETERANS AND SPENDING from a blizzard and flood-ravaged win- No one was advocating quotas in this REDUCTIONS ter. And in continuing to address the case, nor advocating that people who ∑ Mr. SANTORUM. Mr. President, I needs of our Nation’s veterans, I will are not qualified should be admitted. wanted to take a few additional min- maintain this same standard. But to deny that diversity is part of utes today to talk through my recent Until such spending reductions are fi- the learning experiences of colleges discussions with veterans’ organization nalized and presented, Mr. President, I and universities is to deny reality. from Pennsylvania about legislation will temporarily withhold my own ef- I hope the decision will be over- recently introduced by Senator SIMP- forts and development on S. 1543. I un- turned. SON. derstand that the administration is We have enough backsliding in the Senator SIMPSON, at the request of working on a legislative proposal simi- field of race relations. We do not need four major veterans organizations, has lar to the Simpson bill, and that they to add the handicap of a bad court deci- introduced legislation addressing var- are working through the same budget sion as another barrier. ious inequities in the manner in which realities in producing a revenue neu- Recently, Anthony Lewis had a col- we treat the health of our Nation’s vet- tral package. I remain committed to umn titled, ‘‘Handcuffs on Learning’’; erans. Many of those issues addressed supporting our Nation’s veterans. I and the New York Times had an edi- in the bill speak to issues I have wit- support the direction and concept of torial titled, ‘‘Bad Law on Affirmative nessed, discussed, and worked on dur- the Simpson bill, and I will work with Action’’. I ask that both articles be ing my 5 years in Congress and as a the sponsor to find cuts to pay for the printed in the RECORD and I urge my former member of the House Veterans’ costs of the bill.∑ colleagues to read them.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3495 The articles follow: In the life of Americans, race is a profound country. Unless the Supreme Court undoes [From the New York Times, Mar. 22, 1996] factor. Blacks may be bright or dull, rich or this assault on their freedom, we are going poor, but their experience in life has been to be an even more divided society.∑ BAD LAW ON AFFIRMATIVE ACTION different from whites’. And so, long before f For two decades the governing principle of the phrase ‘‘affirmative action’’ was in- affirmative action in higher education has vented, universities thought it wise to have THE RECENT BOMBINGS IN ISRAEL been that race and ethnicity may be a factor, students of varied racial backgrounds. but only one factor, in choosing among ap- Ms. MOSELEY-BRAUN. Mr. Presi- The freedom of American universities to dent, I would first like to congratulate plicants in pursuit of the legitimate purpose consider race along with other factors in of a diverse student body. That was the judg- choosing students has just been struck a dev- President Clinton for his leadership at ment of the Supreme Court in the celebrated astating legal blow. It came in the decision the ‘‘Summit of Peacemakers’’ con- 1978 case of Allan Bakke, a white applicant of the United States Court of Appeals for the ference which was recently convened in who sued for entry to a California state med- Fifth Circuit in the case of Hopwood v. Egypt. I salute the President and the ical school. Texas. other world leaders who gathered in Now a panel of the U.S. Court of Appeals The University of Texas Law School some for the Fifth Circuit declares that the Bakke Sharm El Sheik for their avowed sup- years ago had what amounted to a seg- port of the Middle East peace process decision is no longer good law. In a lawsuit regated admissions process. Minority appli- by four rejected white applicants, the court cants were considered by a separate com- and their strong showing of inter- strikes down a program of the University of mittee and on different standards. national solidarity against terrorism. Texas Law School to bring more blacks and Cheryl Hopwood and other rejected white I also want to extend my heartfelt Mexican-Americans into its student body. applicants sued, claiming that that system sympathy and condolences to the fami- This tool is impermissible, say the judges, denied them the ‘‘equal protection of the lies of those murdered in the recent ‘‘even for the wholesome purpose of cor- laws’’ guaranteed by the 14th Amendment. terrorist attacks in Israel. May the Al- recting perceived racial imbalance in the The Fifth Circuit, ruling in their favor, could mighty comfort them among the student body.’’ have limited itself to the particular admis- mourners of Zion and Jerusalem. As The ruling is hasty, aggressively activist sions process at issue. But it went much fur- and legally dubious. If the Bakke decision is ther. the Nation of Israel mourns the loss of no longer the law, it is for the Supreme The court said that the Texas law school its sons and daughters, I pray that the Court to say so. We hope the high court does ‘‘may not use race as a factor’’ in admis- story of Purim will serve to comfort not, for its basic rule is sound. Rigid racial sions. It did not speak of a dominant or even the entire family of Israel and give it quotas are out, but no serious educational significant factor but outlawed consider- hope, knowing that God will deliver institution should be forced to disregard the ation of race as any factor at all. Moreover, the Jewish people today as in the past. goal of educating a diverse population. in an extraordinary display of hostility, the Mr. President, I condemn in the To reach this result, the appeals judges en- court left the way open for the plaintiffs to strongest of terms the barbarous acts gaged in exotic reasoning. They found that a collect money damages for what it said was now-retired Justice, Lewis Powell, who an- ‘‘intentional discrimination.’’ of organized and random terrorism nounced the judgment in Bakke, spoke only The Equal Protection Clause of the Con- against innocent Israeli civilians, in- for himself on the racial diversity question. stitution, which the court found violated, ap- cluding young children. Those respon- It is true that he was joined in the judgment plies only to state action. But private uni- sible for these indiscriminate and cow- by four other justices who relied on different versities may also be affected. Civil rights ardly acts of murder and violence must legal grounds, but Justice Powell’s an- laws forbid racial discrimination at private be held accountable for their actions nouncement has soundly been regarded as universities that receive any kind of Federal and brought to justice. Their punish- the rule of the Bakke case for nearly a gen- aid—and nearly all do. The ultimate danger is to the freedom of ment must be swift, decisive and thor- eration. Moreover, it has been widely hailed ough, not only to serve as a deterrent, as the work of a respected moderate well American universities. The Fifth Circuit grounded in experience as head of the school treated this case as if it were the same as the but as a reminder that the world com- board in Richmond, Va. Supreme Court’s recent decisions limiting munity will never allow the evils of Texas higher education officials have com- set-asides for minority contractors and terrorism to triumph over the forces of mendably sought diversity, but they cannot broadcast licensees. But education is dif- peace. fairly be accused of adhering to rigid quotas. ferent. Its freedom in decisionmaking—an I call upon the peace and freedom The diverse statewide population is 11.6 per- urgent need in our society—has to be loving peoples of Gaza, the West Bank weighed against the rightful claims of equal cent black and 25.6 percent Hispanic; while and the Arab world to condemn out- the 1992 law school entering class was 8 per- protection. Reading the Fifth Circuit’s opinion, by right these heinous acts of barbarism cent black and 10.7 percent Hispanic. Yet the allegedly committed on their behalf appeals court says the school may not use Judge Jerry E. Smith, one feels a sense of de- ‘‘ethnic diversity simply to achieve racial tachment from reality. For instance, it re- and in their name. These acts do not heterogeneity, even as part of the consider- jects as racist the assumption that an indi- further Palestinian interests nor, I be- ation of a number of factors.’’ vidual ‘‘possesses characteristics’’ because of lieve, do they represent the sentiments That is the doctrine of a ‘‘color-blind’’ his race. Right. But the issue is not charac- of the overwhelming majority of the Constitution, but it speaks to a time not yet teristics. It is experience. And any judge who Palestinian people. I further enjoin here when the historic stain of racial oppres- thinks black Americans have not had a dif- ferent experience is blind. them to outlaw, expose, disarm and ar- sion is erased, competition is truly equal and rest members of paramilitary organiza- diversity comes more naturally. As another Think about women judges or Supreme former Justice, Harry Blackmun, observed in Court justices. They are not wiser or less tions within their midst and to deny the same Bakke case, ‘‘In order to get be- wise by virtue of their gender. But they have them sanctuary and safe haven. Their yond racism, we must first take account of had a different experience from men, and presence and actions are a threat not race. . . . And in order to treat some persons that is why it is important to have them on only to the State of Israel, but also to equally, we must treat them differently. . . . the bench. The reality of university admissions, as op- the Palestinian self-rule national au- The ultimate question, as it was at the be- posed to the mechanical abstractions of the thority in the West Bank and Gaza. ginning of this litigation, is: Among the Fifth Circuit decision, is on display here in Mr. President, we can no longer af- qualified, how does one choose?’’ ford to look at terrorism and suicide The appeals court judges, eager to be the California. Gov. Pete Wilson, playing to first to declare the battle for equal right white male resentment, pushed through the bombings in Israel—and in other parts over, have rendered a judgment that should Board of Regents a rule forbidding the use of of the world —as a distant danger. The not stand. race or gender as a factor in admissions to bombing of the World Trade Center in the University of California. New York City in February 1993 and [From the New York Times, Mar. 22, 1996] Now it turns out that regents who voted for what they called ‘‘merit’’ admissions had the bombing of the Federal building in HANDCUFFS ON LEARNING leaned on the University of California at Los Oklahoma City last April have shat- (By Anthony Lewis) Angeles to admit the children of friends. An tered our false notions of security. SAN DIEGO.—Universities around the world investigation by The Los Angeles Times Anti-terrorism units, swat teams, and came to understand long ago that the qual- shows that U.C.L.A. gave special consider- bomb squads train with the same in- ity of education improved if they had stu- ation to children of politicians and the rich. tensity and seriousness of purpose as dents with varying life experiences. That is In other words, we have affirmative action sprinters, long distance runners, swim- why Oxford colleges sought working-class for the privileged. But not for the race that mers, and gymnasts in their prepara- students. It is why Harvard, Yale and Prince- was enslaved for 200 years and abused for an- ton are far better universities today than other 100 and more. tion for this summer’s Olympic games when they were confined largely to privi- Universities, in their freedom, can increase in Atlanta. In truth, every act of ter- leged young white men. understanding across the racial lines in this rorism—in Israel or elsewhere—strikes

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3496 CONGRESSIONAL RECORD — SENATE April 17, 1996 at the essence of all free, democratic internationally, including the denial of across my State on tax day brings with and open societies. Our disagreements safe haven and sanctuary for perpetra- it a renewed commitment to fight for are dealt with civility and without vio- tors of terrorism, we can expect more, Federal policies addressing and cor- lence or the threat of violence. not fewer, incidents like we witnessed recting not only the many inequities in With each terrorist threat against in Israel these past 2 weeks. our system, but demanding a funda- the Government, our citizens lose a Mr. President, we, the inhabitants of mental reexamination by this Congress measure of their freedom. When an this planet, are one family. While dif- of the Federal Tax Code as a whole. American seeks to exercise even the ferences and disputes are unavoidable, most basic of rights—renewing a driv- I believe all problems, no matter how I strongly believe that Congress must ers license, boarding an airplane or intractable they may seem, are soluble. continue to explore comprehensive picking up documents at a government Peace and negotiations are not just the simplification of our Tax Code. Several building—he or she is often subject to a answer—they are the only answer.∑ of my colleagues have introduced legis- thorough search of his or her person f lation to institute various alternative and property. Even the street in front tax systems as well as proposals to pro- of the White House—the people’s GENE R. ALEXANDER vide varying degrees of tax relief to house—has been closed and street traf- ∑ Mr. SIMON. Mr. President, I want to American families. To reaffirm this fic rerouted. Moreover, streets around commend and congratulate Mr. Gene commitment to tax fairness, I am the House, Senate and Capitol build- Alexander of Benton, Illinois. On April pleased today to join Senator DAN ings have been blocked-off and barri- 25, 1996, the school library at the Ben- COATS as a cosponsor of his legislation caded. All of these measures have been ton Elementary School will be dedi- to provide not only for middle-class tax done because of our heightened sense of cated as the Gene R. Alexander Learn- relief, but also to encourage increased vulnerability to terrorism. The humil- ing Resource Center. Mr. Alexander personal investment and savings while iation and inconvenience that these was a teacher and principal in the Ben- balancing the growth of Federal spend- situations present are mitigated only ton School District for 32 years. ing in general. by the American people’s acquiescence Now that he has retired, ‘‘Mr. A.’’ and realization that such practices are spends his free time volunteering for This Congress, as a direct result of unfortunately necessary in today’s these same children. He does every- the Republican majority, has come as world. But it does not have to be this thing from cleaning school desks to close as a veto pen to enacting tax fair- way, and we must not become accus- teaching children about the American ness for American families—fairness tomed to the threat of terrorism. To flag. His commitment to these children and relief that many would have real- the extent that we refuse to accept it, is inspirational. ized in preparing their tax returns by to the extent we refuse to be desen- We need more leaders like this and Monday evening’s filing deadline. A sitized to violence, we will invigorate having a library dedicated to him is a year after the political battle over tax the will to fight it. fitting tribute. I want to commend Mr. relief and a year later on tax day, the The most recent bombings in Israel Alexander on his hard work and his same challenges and needs remain in have also had a direct impact on my lifetime of dedication to the children devising a tax structure that provides home State of Illinois. The celebration that he serves.∑ greater balance, incentives, and bene- of the Jewish holiday of purim is tradi- f fits to American families and tax- tionally one of the more colorful fes- REFORM OF OUR TAX CODE payers. These next few weeks in the tivals in the city of Chicago. Children Senate are critical and serve as an- ∑ are dressed in costumes, friends ex- Mr. SANTORUM. Mr. President, I other opportunity to readdress, pass, change gifts and there is laughter and wanted to take a few minutes to talk and finally enact these changes.∑ merriment. However, as events of yet about the tax burden that American families feel today and the drastic need another suicide bombing in Israel un- f folded, grief, anxiety and depression re- for fundamental and comprehensive re- placed joy, laughter, and merriment. form of our Tax Code. The juxtaposition of bombs and During our brief break from legisla- HONORING BRIAN PALMER purim provides a context for under- tive business over the past 2 weeks, I HAFLER standing how we can draw inspiration had the opportunity to visit with con- ∑ Mr. KERRY. Mr. President, I would and strength from history. Just as the stituents in various communities in like to take a few moments to ac- my State to discuss the effects of Fed- Jews in Ancient Persia responded to knowledge a very talented and prom- danger with prayer and courageous ac- eral tax policies on families. Quite ising resident of Massachusetts, Brian tion, so too must we. Mr. President, I, clearly, the tax burden over the past Palmer Hafler. Brian was chosen as a for one, am tired of lighting candles, few decades has greatly increased; the seventh place winner in the prestigious attending memorial services and wait- inequities of the Code have been exac- ing for news of the next terrorist at- erbated; and the incentives for savings Westinghouse Science Talent Search, a tack. It is time for us to be proactive have largely diminished. If it was any- national competition that recognizes and not merely reactive. We must de- thing that I heard during the course of the outstanding math and science clare all-out war against terrorism and nine town meetings, it was the demand achievements of high school students terrorist organizations and take the for a fairer, simpler tax system and an aged 16 to 18. Brian was recognized for fight to them wherever they exist—at even greater demand by taxpayers to his research involving T cells, research home or abroad. We must make it clear keep more of what they earn. that may be instrumental in the future to terrorists, their organizations, and As a Member of the House of Rep- treatment of autoimmune diseases. the countries which sponsor and harbor resentatives, I served on the Ways and After graduation from the Roxbury terrorists that their actions will not Means Committee, which has jurisdic- Latin School, West Roxbury, MA, produce the desired result—the inter- tion over tax legislation. I recognize Brian intends to continue his scientific ruption or abandonment of the peace that our current system of taxation is research as a molecular biology stu- process—and that the United States burdensome and intrusive, and I think dent at Princeton University. In addi- and other nations will no longer permit we are all aware how complex our sys- tion to his scholarly accomplishments, their actions to go unpunished. tem is, given the large amount of time Brian has won varsity letters in wres- There must be a recognition, how- Americans spend in computing and fil- tling and cross country, numerous aca- ever, that terrorism cannot be defeated ing their taxes each year. demic awards, and a service award for through unilateral action alone. World On Monday, I had the pleasure of his work in tutoring inner-city stu- leaders must understand that it is in traveling through Pennsylvania with dents. every country’s interest to have this Senator SPECTER, along with our Gov- menace eradicated from the face of the ernor, Tom Ridge, as we hosted the dis- I applaud Brian on receiving the Wes- Earth. Unless and until serious anti- tinguished majority leader, Senator tinghouse Science Award, and wish him terrorist actions are implemented BOB DOLE. The significance of traveling success in his future endeavors.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3497 TESTIMONY OF JONATHAN KOZOL coat closets, on stair-landings, and in squalid schools after the Brown decision, seeking corners of the basement—tells our children, often to get public funds to subsidize their Mr. SIMON. Mr. President, I had a ‘‘In the eyes of this society, you are not any- so-called ‘‘white academies.’’ They didn’t chance to read the testimony of Jona- one at all.’’ succeed in this attempt, but now another than Kozol, an author who prods our The notion of ‘‘retrofitting’’ schools like generation—more sophisticated and more conscience, before the House Com- these for the computer age has something of clever in concealing racial animus—is driv- mittee on Economic and Educational the quality of a Grimms fairy tale. How will ing toward the same objective by the instru- Opportunities, which I ask to be print- a school that can’t repair the toilets or af- ment of vouchers. ford to pay for toilet-paper find the money to This time, they are smart enough to offer ed in the RECORD after my remarks. buy IBM or Microsoft? The gulf between the vouchers to black children and poor children It is a summary of where we are, as national ‘‘goals’’ and the degrading day-to- too, but the vouchers they propose can never he points out, on this year that cele- day reality of life for children in these pay for full tuition at a first-rate private brates the 100th anniversary of the un- schools has something about it that suggests school and, in effect, will simply filter off fortunate Plessy v. Ferguson decision. delusionary thinking. There is simply no ‘‘the least poor of the poor’’ who can enhance The need to do a better job, the need connection between slogans and realities. the voucher with sufficient funds to flee into to show care, the need to create oppor- Despite all this, we face the strange phe- small private sanctuaries that exclude their tunity for everyone is here. The ques- nomenon of being asked repeatedly, by those poorest neighbors. By filtering off these fam- ilies from the common areas of shared de- tion is whether we will pay attention who spend as much as $20,000 yearly to enroll their children in exclusive private schools, mocracy, we will leave behind a pedagogic to this obvious need or whether we will whether money really matters when it comes wasteland in which no good teacher will de- ignore it, ultimately at our own peril. to education of the poor. ‘‘Can you solve sire to teach but where the masses of poor The article follows: these kinds of problems,’’ we are asked, ‘‘by children will remain in buildings that are COMMITTEE ON ECONOMIC AND EDUCATIONAL throwing money at them?’’ schools only in name. We are getting close to OPPORTUNITIES—U.S. HOUSE OF REPRESENT- I always find this a strange question, but that point even now. Vouchers, combined ATIVES, MARCH 5, 1996 especially when it is asked by those who do with further fiscal cuts, will bring that day precisely this for their own children. Money TESTIMONY OF JONATHAN KOZOL considerably nearer. cannot do everything in life. It can’t buy de- Some of us who stand up to defend the pub- Mr. Chairman: As you know, this year cency. It obviously does not buy honesty or lic schools may seem, at first, to be in an un- commemorates the 100th anniversary of generosity of spirit. But, if the goal is to re- tenable position: We give the appearance of Plessy versus Ferguson, but few of the poor- pair a roof or to install a wiring system or not wanting to change while pointing to how est children in our nation will find much to remove lead poison or to pay for a computer, bad things are today. This is our fault, I celebrate. Public schools throughout the or persuade a first-rate teacher to remain in think, because we tend to speak defensively land, with rare exceptions, are still separate a tough job, I think money is a fine solution. about the status quo, and fail to offer a more and unequal. A rhetorical devise used by some politi- sweeping vision for the future. We scramble In New York City, to take only one exam- cians points to unusual districts such as to save Title I—and so we should. But Title ple, public schools for poor black and His- Washington DC, or East St. Louis, Illinois, I, essential as it is, is a remedial side-dish on panic children are nearly as segregated as that spend a bit more money than some of the table of inequity. We should be speaking the schools of Mississippi 50 years ago. The the nearby districts but do poorly by com- of the main course, but have largely failed to city spends less than half as much per-pupil parison. This, we are told, is proof that do so. as its richest suburbs—a differential found, ‘‘money does not matter.’’ But, in most Our vision ought to be to build a public of course, all over the United States. cases, there are districts that also plagued system that is so superb, so democratic, and For many years, the only force that helped by pediatric illness like chronic asthma, by well-run, that no responsible or thoughtful consistently to militate against these in- lead-poisoning, by astronomic rates of AIDS, parent would desire to abandon it. To bring equalities has been the Federal government. and joblessness, and drug-addiction, and a this vision to fruition, we would have to Although Federal money represents only a global feeling of despair. Equality, as Dr. raise the banner of efficiency as high as any tiny fraction of the total education budget in King reminded us, does not mean equal fund- voucher advocate has done. We cannot de- our nation, it has been targeted at schools ing for unequal needs. It means resources fend dysfunction on the grounds that it is and neighborhoods in greatest need; and, commensurate with the conditions of exist- somehow one of the inevitable corollaries of while Federal aid may represent, on average, ence. democracy. But simply to support ‘‘effi- only 6 percent of local education budgets, it It is true that there has been anarchic inef- ciency’’ or to encourage innovations such as represents as much as 20 percent in our low- ficiency in certain urban districts; this needs charter schools is not nearly enough. Innova- income districts. to be addressed. But even where efficiency tive and efficient inequality is still unwor- Now, as the dismantling of Federal aid is has been restored, as in Chicago for example, thy of America. We also need to raise a bold- being contemplated, as block grants are pro- funds are not forthcoming. Still we are told er banner, one that cries out for an end to posed as substitutes for targeted assistance to ‘‘cut the fat’’ from the administration. gross inequity, one that uses strong word for to the poor, the plight of children in the But in New York, as in Chicago, there is no the savagery of what we do today: providing most impoverished districts will inevitably more fat to cut. We are now cutting at the college preparation for the fortunate, bot- worsen. bone and at the hearts of children. tom-level-labor preparation for the lower- I remind you also of the gross and cumu- And so we come at last to 1996 and to the middle class, and prison preparation for our lative deterioration of schoolbuildings in present moment in the U.S. Congress, where outcasts. low-income neighborhoods. ‘‘Deferred main- the forces of reaction tell us it is time to None of my respected friends here in the tenance’’—an antiseptic term which means ‘‘get tough’’ with poor children. How much House of Representatives believes that it is that water buckets must be scattered around tougher do we dare to get? How cold, as a so- fair to rig the game of life the way we do. We classrooms to collect the rain that pene- ciety, are we prepared to be? wouldn’t play Little League like this. We’d trates a hundred-year-old roof, while hall- New York City, as things stand right now, be ashamed. Our victories would seem con- ways stink of urine from the antiquated can barely eke out $7,000 yearly for the edu- taminated. Why aren’t we saying this in plumbing in the bathrooms of a school—is cation of a first grade child in a school I’ve words Americans can hear? well above $100 billion. visited in the South Bronx, but is spending There is too much silence on this issue Conditions like these do not just soil bod- $70,000 yearly on each child it incarcerates— among Democrats. It leaves the field to ies. They also dirty souls and spirits, and $60,000 on each adult. If Title I is slashed by those who speak bombastically, with vio- they give our children a clear message. They Congress, it will devastate the children in lence of spirit, as they swiftly mount their tell them that, no matter what we say about this school. In the 1980s, these impoverished juggernaut of cutbacks, vouchers, and seces- ‘‘high expectations,’’ no matter what exhaus- children lost the dental clinic in their build- sion from the public realm. Virulent racism, tive lists of ‘‘goals’’ and ‘‘standards’’ we keep ing. A year ago, they lost the afternoon pro- as we know too well, is often just beneath churning out for the millennium, the gram where they could be safe in school the surface of discussion too. I heard few deepdown truth is that we do not like them while mothers worked or looked for jobs. voices in the Congress that address this bold- very much, nor value their potential as This June, their teen-age siblings will lose ly. There is a sense of quiet abdication and Americans. summer jobs as Congress lets that program surrender. Millions of children are going to class each die as well. Only 10 percent of these children Despite my feeling of discouragement, I day in buildings none of you would be pre- are admitted into Head Start programs. The would like to add that I was reassured to see pared to work in for one hour. All the one place to which they are sure of being that Secretary Riley spoke out clearly on boosterism in the world, all the hype and all readily admitted is the city’s prison island— the voucher issue recently. As always, he the exhortation, all the upbeat speeches by a now the largest penal colony on earth. was eloquence and fearless. The same elo- visiting politician telling kids, ‘‘You are Beyond the cutbacks, there is one more quence and the same fearlessness are needed somebody,’’ has no palpable effect if every shadow looming, and that is the everpresent now among the Democrats in Congress. single thing about the school itself—its peel- threat of education vouchers—a modernized Some of those Democrats, whom I have had ing paint, its rotting walls, its stinking cor- version of a hated memory from 40 years ago, the privilege to know for many years, will be ridors, its crowded, makeshift classrooms in when Southern whites fled from the public retiring soon. Before they do, I hope that

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3498 CONGRESSIONAL RECORD — SENATE April 17, 1996 they will find the opportunity to wage one vironmentalists, business groups and femi- WEST VIRGINIA WESTINGHOUSE final battle for those children who cannot nists. President Clinton himself has spoken SCIENCE TALENT SEARCH fight for themselves. I hope they won’t leave at hundreds of black churches. The president Congress quietly, but with an angry sword is often at his most effective from the pulpit, Mr. ROCKEFELLER. Mr. President, held high. In that way, even if they lose this an exceptionally good venue for his favorite today, I would like to take a moment battle, they will leave behind a legacy of speeches about the links between personal to recognize the 40 finalists in the 55th courage that a future generation can uphold responsibility and social justice, crime and Annual Westinghouse Science Talent with pride.∑ unemployment. Search. These exceptional American f Democrats thus have no grounds for chal- lenging Reed’s argument that his people de- youth—hailing from 13 States, includ- BURTON MOSELEY serve ‘‘a place at the table’’ of national poli- ing my home State of West Virginia— Ms. MOSELEY-BRAUN. Mr. Presi- tics. What does need real debate is more im- are being honored as the Nation’s dent, at the time the world was mourn- portant. It has to do with how moral issues brightest high school math and science should be discussed in politics, and also how students. ing the terror in Israel, my family was they should be defined. This program, sponsored by the Wes- mourning the loss of my beloved uncle, A lot of Americans—including many who Burton Moseley. want nothing to do with Ralph Reed—have a tinghouse Foundation, in partnership Uncle Burt was my late father’s only vague but strong sense that what’s going with Science Services Inc. since 1942, sibling. Both before and after my dad wrong in American life is not just about eco- awards America’s most prestigious and passed away, Uncle Burt was a mentor, nomics. It also entails an ethical or moral coveted high school scholarships in a friend, and a role model. He was a crisis. Evidence for this is adduced from fam- math and science. This year’s finalists simple, honest man, an upright man ily breakdown, teen pregnancy, high crime are among 1,869 high school seniors who brought joy to those whose lives rates (especially among teenagers), and from 735 high schools located through- trashy movies, television and music. out the 50 States, the District of Co- he touched. But unlike many on the Christian Right, No one had a harsh word about him, these same Americans see strong links be- lumbia and Puerto Rico, including two he never spoke ill of another person. He tween moral and economic issues. Their West Virginia students, Namoi Sue was, for almost all of his adult life, a sense that commitments are not being hon- Bates of Franklin and Bonnie Cedar Chicago police officer. He epitomized ored includes family commitments, but it Welcker of Parkersburg. Their inde- the very best in law enforcement, a also includes the obligations between em- pendent science research project en- person who cared about the quality of ployer and employee and the question of tries cover the full spectrum of sci- life in his community, and who saw whether those ‘‘who work hard and play by entific inquiry, from biology to solid the rules,’’ as the president likes to put it, state luminescence. fighting crime as a way to contribute. are getting just treatment. He remained active in the Guardians Democrats, liberals and other assorted The honor of being named to this police organization to the end. critics of the religious right have no problem group far exceeds the value of the He was our hero. in discussing these economic matters. But scholarships and awards bestowed. f they have made the reverse mistake of Reed Over the years, finalists have included and his friends: The religious right’s foes SPLIT OVER MORALITY five winners of the Nobel Prize as well have only rarely (and only relatively re- as those who have achieved brilliant ∑ Mr. SIMON. Mr. President, people are cently) been willing to understand that many American families see the moral crisis careers in science, medicine, and re- concerned about what is happening to lated fields. our country and they are not simply whole. It’s possible, and reasonable, to be worried about both trashy entertainment Mr. President, I want to commend concerned about economics. They are and the rewards that go to the hard-working. concerned about many issues that re- each and every one of these out- Human beings are both economic and moral standing American teenagers who truly flect our culture in ways that are not creatures. But liberals often cringe when the embody the American dreams of dis- healthy. word ‘‘morality’’ is even mentioned. E.J. Dionne, Jr., one of the most Giving the Christian right a near monop- covering, curing, inventing, and chang- thoughtful journalistic observers of our oly on moral discussion has narrowed the ing the world. scene, recently had a column in the moral debate. This narrowing needs to be Washington Post titled, ‘‘Split Over challenged. f To hear leaders of the religious right talk Morality,’’ which I ask to be printed in in recent weeks, for example, one of the pre- the RECORD after my remarks. eminent moral issues of our time is whether PENTAGON REPORT PREDICTS For those of you who saw it origi- gay marriages should be sanctioned by state BOSNIA WILL FRAGMENT WITH- nally in the Post, it is worth rereading, or local governments. But surely this is not OUT VAST AID and for those who did not, it should be even the 10th or the 25th most important ∑ Mr. SIMON. Mr. President, when the read and clipped and saved. issue for most Americans. The resolution of Bosnian intervention question came The column follows: this question one way or the other will do virtually nothing about the moral issues before the Senate, I strongly supported SPLIT OVER MORALITY such as crime or family breakup that actu- President Clinton’s request, but added (By E. J. Dionne, Jr.) ally do trouble lots of people. that I thought it was unrealistic to be- It is remarkable how quickly political talk It’s easy enough to recognize why tradi- lieve that we could go in and in 1 year these days turns to the question: What does tion-minded Americans are uneasy with this pull out. the religious right want? Variations on the broadening of the definition of ‘‘marriage.’’ theme include: How much must Bob Dole do But turning this question into yet another We made that mistake in Somalia to get the votes of Christian conservatives? political litmus test will only push the polit- and we should not make the same mis- Can’t President Clinton help himself by ical debate toward yet another ugly round of take again. hanging the religious right around Dole’s gay-bashing. Is that what 1996 should be Recently the New York Times had an about? neck? article by Philip Shenon titled, ‘‘Pen- All this might be taken as a great victory What needs to be fought is a tendency de- by Ralph Reed and the Christian Coalition scribed movingly by Stephen Carter in his tagon Report Predicts Bosnia Will he directs. The obituary of the religious new book, ‘‘Integrity.’’ It is a tendency Fragment Without Vast Aid,’’ which I right has been written over and over since Carter quite fairly discerns all across the po- ask to be printed in the RECORD after the rise of the Moral Majority in 1980. Yet litical discussion. my remarks. none of this has stopped the Christian con- ‘‘I must confess that the great political It tells in very realistic terms why it servative movement from expanding its in- movements of our day frighten me with their fluence. reckless certainties and their insistence on is necessary to retain some troops in Reed and his troops have already gotten a treating people as means to be manipulated the Bosnian area in order to have sta- lot of credit for help Dole stop Pat rather than as the ends for which govern- bility in that area of the world. Buchanan’s surge dead in the South Carolina ment exists,’’ he writes. ‘‘Too many par- If we fail to do that, we invite blood- primary. That is the very definition of polit- tisans seems to hate their opponents, who shed and instability that will inevi- ical power. are demonized in terms so creative that I tably spread to Macedonia, Albania, Reed and his followers have every right to weep at the waste of energy, and, as one who do what they are doing. Religious people struggles to be a Christian, I find the hatred and other neighboring areas. have the same rights as union members, en- painful.’’ So would we all.∑ The article follows:

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3499 [From the New York Times] General Hughes said in his report that ‘‘in built so that the people in the country can PENTAGON REPORT PREDICTS BOSNIA WILL the short term, we are optimistic’’ about the see an advantage to not fighting.’’ situation faced by the 18,400 American sol- FRAGMENT WITHOUT VAST AID f (By Philip Shenon) diers stationed there as part of the peace- keeping force. MEASURE PLACED ON WASHINGTON, March 19—The Pentagon has ‘‘We believe that the former warring fac- CALENDAR—H.R. 2337 offered its grimmest assessment of the pros- tions will continue to generally comply with pects for peace in Bosnia to date, warning the military aspects’’ of the peace accord, Mr. SPECTER. Mr. President, I ask that without an enormous international aid the report said. ‘‘We do not expect U.S. or al- unanimous consent that H.R. 2337, program to rebuild its economy and political lied forces to be confronted by organized which was just received from the institutions, the country will probably frag- military resistance.’’ ment after the withdrawal of NATO peace- House, be placed on the calendar. The threat faced by the American forces The PRESIDING OFFICER. Without keeping troops late this year. would come instead from land mines ‘‘and The assessment for the Senate Intelligence from various forms of random, sporadic low- objection, it is so ordered. Committee was prepared by the Pentagon’s level violence,’’ the report said. ‘‘This could f senior intelligence analyst, Lieut. Gen. Pat- include high-profile attacks by rogue ele- rick M. Hughes, and it could signal an effort ments or terrorists.’’ So far only one Amer- ORDERS FOR THURSDAY, APRIL by the Defense Department to distance itself ican soldier has been killed in Bosnia, an 18, 1996 from blame if the civil war resumes shortly Army sergeant who was killed in an explo- Mr. SPECTER. Mr. President, I ask after the NATO withdrawal. sion on Feb. 3 as he tried to defuse a land General Hughes, the director the Defense mine. unanimous consent, on behalf of the Intelligence Agency, offered reassuring The report suggested that if the civil war leader, Senator DOLE, that when the words in his report for American troops sta- resumes, it will flare up only after the NATO Senate completes its business today, it tioned in Bosnia, suggesting that NATO forces have pulled out, removing the buffer stand in adjournment until the hour of forces face no organized military threat. If that has kept the factions at peace for most 9:30 a.m., on Thursday, April 18; fur- the war resumes, he said, it will not be until of the last four months. ther, that immediately following the after the American peacekeepers and their ‘‘The overall strategic political goals of prayer, the Journal of the proceedings NATO allies have pulled out. the former warring factions have not fun- But the report, dated Feb. 22, offered no damentally changed,’’ General Hughes said. be deemed approved to date, no resolu- similar solace for the people of Bosnia. Gen- ‘‘Without a concerted effort by the inter- tions come over under the rule, the call eral Hughes said that the ‘‘prospects for the national community, including substantial of the calendar be dispensed with, the existence of a viable, unitary Bosnia beyond progress in the civil sector to restore eco- morning hour be deemed to have ex- the life’’ of the NATO deployment are ‘‘dim’’ nomic viability and to provide for conditions pired, and the time for the two leaders without a large international program to re- in which national (federation) political sta- be reserved for their use later in the vive Bosnia’s war-shattered economy. bility can be achieved, the prospects for the If his assessment is accurate, the peace ef- day, and the Senate then begin consid- existence of a viable, unitary Bosnia beyond eration of S. 1028, the Health Insurance fort in Bosnia could well be doomed, since the life of IFOR are dim.’’ The NATO forces the civilian reconstruction effort there is in Bosnia are known as the Implementation Reform Act of 1996. barely under way, its economy and physical Force, or IFOR. The PRESIDING OFFICER. Without infrastructure—roads, water and electricity General Hughes suggested that all of the objection, it is so ordered. lines, telephones—still in ruins. The last fragile alliances created by the peace accord f American soldiers are scheduled to withdraw might collapse—with tensions between the from Bosnia in December. Bosnian Muslims and Bosnian Croats threat- PROGRAM General Hughes said that the strategic ening their federation, with the Bosnian goals of the warring factions in the region Croats working toward ‘‘de facto integra- Mr. SPECTER. Mr. President, on be- ‘‘have not fundamentally changed’’ since the tion’’ with Croatia, and with elections and half of Senator DOLE, for the informa- days of the civil war and that tensions the resettlement of refugees ‘‘delayed or sty- tion of all Senators, the Senate will among them would probably grow in the mied.’’ begin the health insurance reform bill months leading up to the NATO pullout. He said that the Bosnian Serbs were likely tomorrow morning. Amendments are If that is true, the Clinton Administration to consolidate their hold on their own terri- expected to be offered to that legisla- might come under intense pressure from its tory, seeking ‘‘some form of political confed- tion. Therefore, Senators can expect NATO allies not to withdraw American eration’’ with Serbia. troops by the end of December—a deadline Questions about whether any peace in Bos- rollcall votes throughout the day, and that the Administration insists it will hold nia would outlast the presence of NATO a late session is anticipated. The Sen- to. troops—and whether American troops would ate may be asked to turn to any other The Pentagon assessment also implicity be stuck there as a result—were at the heart legislative items that can be cleared questions basic elements of the American- of the debate in Congress that preceded votes for action. brokered Dayton peace agreement, which to authorize the American military deploy- laid out what critics in Congress called unre- ment. Senator Bob Dole, the front-runner for f alistic deadlines for political and economic the Republican Presidential nomination, de- ORDER FOR ADJOURNMENT reconstruction in Bosnia and for the with- manded and won an Administration pledge drawal of peace-keeping troops. to play a role in arming and training the Mr. SPECTER. Mr. President, if ‘‘There’s only so much our soldiers can ac- Bosnian Government’s army. there is no further business to come be- complish,’’ said another senior Defense De- The assessment by the Defense Intelligence fore the Senate, I ask that the Senate partment official, echoing the report’s cen- Agency is only slightly more pessimistic stand in adjournment under the pre- tral findings, ‘‘The military forces agreed to than remarks heard elsewhere in the Pen- vious order following the conclusion of keep the peace for a year, and that’s what tagon. Senior Defense Department officials we’re doing. But this peace will not hold have long warned that the peace would fail the remarks that I shall make as in without an effort to rebuild the country. without a huge effort to rebuild Bosnia and morning business. That’s not being done yet. And that’s not our to give the people some hope of economic The PRESIDING OFFICER. Without job.’’ and political stability after years of slaugh- objection, it is so ordered. The job of organizing the economic and po- ter. Mr. SPECTER. Mr. President, I seek litical reconstruction of Bosnia has been left ‘‘Ultimately I think the bigger problem is recognition to comment on a number to a European delegation led by Carl Bildt, a not the military implementation of the of subjects. The Senate has been in ses- former Swedish Prime Minister. peace agreement,’’ Gen. John Shalikasvili, sion for the last 2 days continuously on But Mr. Bildt has complained repeatedly in the Chairman of the Joint Chiefs of Staff, recent months that foreign governments told the House National Security Committee the terrorism bill, and there are a num- have been slow to make available the bil- this month. ‘‘We need to make sure we un- ber of subjects that I have sought rec- lions of dollars needed for civilian recon- derstand that it is equally important to the ognition to speak about at this time. struction—everything from building bridges overall effort—and also the safety of the As we say, the Senate is on ‘‘auto- to printing election ballots—and that the po- troops—that we get on with the civilian matic pilot,’’ so when I conclude my re- litical component of the peace effort is lag- functions that need to be performed.’’ marks, the Senate will be in adjourn- ging far behind its military component. In a ‘‘And when I say ‘we,’ I don’t mean the ment. meeting this month with donor countries, he military, but the nations that are involved pleaded that the donors ‘‘do more to honor in this effort,’’ he added. Mr. President, I ask unanimous con- the pledges we have made.’’ ‘‘The elections have to go forward, the ref- sent that the following remarks appear While questioning whether Bosnia was ugees have to begin to return, reconstruction under a caption of ‘‘Foreign Travel, about to dissolve once again into civil war, has to start, the infrastructure has to be re- April 2 through April 5, 1996.’’

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3500 CONGRESSIONAL RECORD — SENATE April 17, 1996 The PRESIDING OFFICER. Without he was robust, enthusiastic, and very tion center by 65 percent. A hiring freeze has objection, it is so ordered. anxious to carry out his responsibil- been in place for four years, and the Embas- sy’s French work force has not received a f ities as Secretary of Commerce. He had brought with him a group of United pay increase in three years. Twenty-five FOREIGN TRAVEL, APRIL 2 French employee positions have been States businessmen who could be in- THROUGH APRIL 5, 1996 marked for elimination. The list of other re- strumental in the rebuilding and the ductions is long. Mr. SPECTER. Mr. President, on revitalization of Bosnia. In view of these reduced resources, Em- April 2, on behalf of the Senate Intel- It is well accepted that, if the peace bassy Paris is making a concerted effort to ligence Committee, I traveled to Paris in Bosnia is to stay and is to hold, ‘‘work smarter’’ with fewer resources. It has and then to The Hague, where I con- there will have to be a buildup of the formed ‘‘teams’’ to pool interagency assets sulted with the prosecution teams of infrastructure there, and Secretary more effectively. It has negotiated savings of the war crimes tribunal to assess their Brown was there in connection with $3,000,000 over five years in local service con- tracts. It instituted a new interactive auto- progress. Then, on April 3, on to Bel- those duties. He and I talked about grade April 4, then to Tuzla, and back mated telephone service for visa applicants meeting in Sarajevo or Zagreb. But which generates $8,000 to $10,000/month in to Paris on the evening of April 4. that meeting unfortunately did not revenues. A consolidation of warehouses is While in Paris, I had the opportunity take place. The next morning I de- saving $400,000 per years. A new computer- to observe the operation of the Paris parted for Serbia, was in Belgrade, and ized pass and ID system allowed the Embassy Embassy, under the direction of Am- had a plane on April 3 to travel to Sa- to cut 10 Marine guards. bassador Pamela Harriman. I was very rajevo. That plane was canceled be- This kind of innovation has allowed cuts to much impressed with what I saw of the cause of weather. We did not go to Sa- be distributed and absorbed within the Em- operation there. Ambassador Harriman bassy without drastic cutbacks in services rajevo, and the same weather condi- thus far. However, this is now likely to conducts a large Embassy. Really, tions resulted in the fatal crash of Sec- Paris is the crossroads of the European change. retary Brown and his company. The State Department is calling for an- continent. There are many complex I traveled the next day to Tuzla, ar- other round of deep personnel cuts. For issues that confront the Embassy in- rived there early in the morning, was Paris, this would entail a 43 percent drop in volving security matters with NATO, met by General Cherry, and we imme- core diplomatic personnel in the 1995 to 1998 involving commercial matters, involv- diately talked about Secretary Brown’s period. Reductions this large will impact ing activities that touch upon the oper- visit the preceding day. Secretary heavily on core diplomatic strengths and the ation of the Senate Intelligence Com- Brown had arrived at 6:40 a.m. on April Embassy’s effectiveness. Some of the effects will be: mittee and the Central Intelligence 3 and visited the United States mili- Agency. I was very much impressed Advocacy for U.S. trade and business inter- tary establishment in Tuzla, and de- ests will be reduced in frequency and effec- with those operations. parted at 1:58 p.m. And then, as we During the course of my discussions tiveness (recent investment problems han- know, shortly thereafter the fatal dled by the Embassy included U.S. firms in with Ambassador Harriman, I discussed crash occurred on the approach to the the food processing, pharmaceutical and in- with her the cuts in the budget of the landing in Dubrovnik. formation industries). State Department in the so-called 150 Secretary Brown was certainly a The loss of the Embassy’s ability to mon- Account. And from the work I have itor the Paris Club, the organization which stalwart advocate of U.S. interests, and done on the Appropriations Committee, negotiates debt rescheduling affecting bil- his loss will be deeply felt by the U.S. and in the past having been on the sub- lions owed the USG by developing countries. Government. On behalf of my wife committee with jurisdiction over the A 50 percent reduction in contacts with the Joan, I want to convey our deepest Department of State, it is my sense key French officials we must reach if we are sympathies and condolences to Ron’s to influence French policy and advocate U.S. that the cuts that have been imposed wife, Alma, and their two children, Mi- positions on questions of vital interest to us. are excessive. Closure of the Science office at a time I asked Ambassador Harriman to pre- chael and Tracey, and the rest of their family. when our cooperative exchanges with France pare for me a list of specifics, which on nuclear, space and health technology she has done, entitled ‘‘Disinvesting in EXHIBIT 1 matters (to mention only three) should be Diplomacy,’’ pointing out how hard hit DISINVESTING IN DIPLOMACY growing rapidly. large Embassies will be, like the Em- Large projected cuts in the 150 account Significant cutbacks and slowdowns in bassy in Paris, and with the specifica- will hamper our ability to attain U.S. eco- passport and welfare services to U.S. citi- tion of the cuts and the impact of those nomic, security and political objectives zens. Passport issuance will take 3 to 5 days worldwide for many years to come. instead of one. Prison visits will be cut to cuts on her operation. I was especially Among the hardest-hit will be our large one per year. Consuls will no longer attend impressed with one of her offices, from embassies in Western Europe. These Embas- trials of U.S. citizens. The consulate will be which 17 officers had been cut, under sies protect and promote vital U.S. interests. open to the public for only two hours per last year’s reduction, to 12, and if the Western Europe is home to most of our big- day. anticipated cuts are put into effect for gest and most powerful trading and invest- A 60 percent reduction in State Depart- next year, down to 7. ment partners. NATO is our most important ment reporting from Paris, including the po- Mr. President, at the conclusion of military alliance. litical and economic analysis we need on Our European allies share our democratic my remarks, I ask unanimous consent France’s activities in Europe, Africa and the ideals and are willing to join us in coalitions Middle East, and Asia. that the specification under the cap- to promote global stability. A few, such as These trends are disturbing and merit clos- tion ‘‘Divesting in Diplomacy’’ be France, have global military, economic, er attention. The Administration and Con- printed in the RECORD. technological and commercial interests gress must work together to assess carefully The PRESIDING OFFICER (Mr. which parallel our own. In France, our diplo- how budgetary and personnel cutbacks affect ASHCROFT). Without objection, it is so macy reaches well beyond bilateral relations our core diplomatic capabilities in Western ordered. to include cooperation and burdensharing on Europe and elsewhere. This is especially true (See exhibit 1.) a broad range of global issues. at a moment when business and information Mr. SPECTER. Mr. President, while Embassy Paris, like most other major Em- is globalizing and our national interests dic- in Paris, and at the Embassy on the bassies, is cutting back sharply its oper- tate that we be even more intensively en- ations while trying to economize. The con- gaged with our key allies than in the past. evening of April 2, I visited with Sec- sulate in Lyon was closed in 1992. In 1996, the retary of Commerce Ron Brown for Bordeaux consulate also had to be closed. (The remarks of Mr. SPECTER per- whom a reception was held in his honor The latter had been in operation since taining to the submission of Senate along with the Secretary of Labor Rob- George Washington’s Presidency. Resolution 247 are printed in today’s ert Reich. In 1996, the Embassy was required to close RECORD under ‘‘Submission of Concur- As we all know, on the very next day its travel and tourism office. Its ten person rent and Senate Resolutions.’’) Secretary Brown and his company met staff, which was handling 100,000 requests for (The remarks of Mr. SPECTER per- their untimely deaths with the crash of information annually from potential foreign taining to the introduction of S. 1681 visitors to the U.S., was eliminated. The their plane making a landing approach calls will have to be absorbed or redirected are located in today’s RECORD under into Sarajevo. with no increase in staff. ‘‘Statements on Introduced Bills and When Secretary Brown and I spoke In the past two years, Embassy Paris has Joint Resolutions.’’) on the evening of April 2 at about 6:45 cut the operating hours of its communica- Mr. SPECTER. I thank the Chair.

VerDate Aug 31 2005 06:04 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17AP6.REC S17AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 17, 1996 CONGRESSIONAL RECORD — SENATE S3501 I yield the floor, and with that con- Thereupon, the Senate, at 7:23 p.m., CATION BOARD FOR A TERM OF 4 YEARS, VICE JOHN P. ROCHE. clude the activities of the Senate adjourned until Thursday, April 18, today. 1996, at 9:30 a.m. IN THE ARMY f f THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- MENT TO THE GRADE OF LIEUTENANT GENERAL IN THE ADJOURNMENT UNTIL 9:30 A.M. NOMINATIONS U.S. ARMY WHILE ASSIGNED TO A POSITION OF IMPOR- TOMORROW TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED Executive nominations received by STATES CODE, SECTION 601(A): The PRESIDING OFFICER. Under the Senate April 17, 1996: To be lieutenant general the previous order, the Senate stands DEPARTMENT OF DEFENSE LT. GEN. DANIEL W. CHRISTMAN, 000–00–0000, U.S. ARMY. adjourned until tomorrow morning at JOHN W. HECHINGER, SR., OF THE DISTRICT OF COLUM- 9:30. BIA, TO BE A MEMBER OF THE NATIONAL SECURITY EDU-

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SOMETHING IS RIGHT WITH whether or not members of the post, pass TRIBUTE TO OFFICER WARREN AMERICA—IN COLUMBIA, TN from this Earth and their families request it, NEAL provide military honors at their burial. There HON. ED BRYANT have been as many as four such funerals on HON. EDOLPHUS TOWNS OF TENNESSEE a day, and the annual number is between 80 OF NEW YORK IN THE HOUSE OF REPRESENTATIVES and 100, sad to say, the number is increasing IN THE HOUSE OF REPRESENTATIVES as World War II veterans grow older. Wednesday, April 17, 1996 Wednesday, April 17, 1996 Many, if not all, worthwhile charities find a Mr. BRYANT of Tennessee. Mr. Speaker, sympathetic ear and a generous purse at Post Mr. TOWNS. Mr. Speaker, I have concluded we hear on every side today, loud and clear, 19. Their spacious meeting hall is used by after years of public service and personal ex- about what is wrong with America. All too many organizations. The Red Cross Blood- perience that the lifeblood of a stable and ef- often the good that is being done never makes mobile is at the site monthly, and a recent fective community is mutual cooperation. the news. May I tell you about the work being fundraiser for the American Cancer Society Today I am pleased to acknowledge a process done by American Legion Post 19, Auxiliary was held there. of mutual cooperation that has served the Bor- Unit 19, the 40 & 8 and La Femmes in Colum- Post 19 is greatly enhanced by Auxiliary ough of Brooklyn and the community of bia, TN? Unit 19. Many local, State, and national Canarsie very well. I am referring to the rela- Post 19, organized in the county on August causes receive their wholehearted support. tionship between the Canarsie Volunteer Am- 15, 1919, with 61 charter members, rose to a Americanism is promoted, especially in the bulance Corp. and the work of police officer high of 1,270 members, and now stands at a schools. Essay contests are held and hun- Warren Neal, community affairs officer of the membership of 933. From the very earliest dreds of classroom flags given each year. On 69th Precinct which encompasses the days, this organization has been a driving Memorial Day, more than 1,000 flags are Canarsie community. force for good in the community. Men who placed on graves of veterans. The Canarsie Volunteer Ambulance Corp. served their country nobly in time of war re- Realizing the importance of education, Unit provides free emergency medical care and is turned home to assume leadership roles in the 19 gives an annual scholarship in the amount funded solely through donations from the community. of $500. Many of the recipients would not Canarsie community. Officer Neal, a profes- Auxiliary Unit 19 was organized a year later, have been able to further their education with- sional with 28 years of experience, is being and membership stands now at 249. The old- out this assistance, as would those who re- honored by the corporation for his distin- est member is an active 94-year-old gold star ceived the nursing scholarships. Members of guished and dedicated service. Mr. Neal em- mother, who lost a son in World War II, to a the unit visit the elementary schools and read barked on his law enforcement career in 1968 junior member, 2 years of age. to the children. A gun safety program is being with the New York City Police Department, as- The 40 & 8 and La Femmes are also active. taught to elementary school students. Drugs signed to the Times Square area. He was Let me begin with them. Five nursing scholar- are purchased for children whose parents later transferred to Canarsie and served as a ships, of $500.00 each, are given annually by have no insurance. Essay contests help chil- patrol officer and was subsequently assigned this group. And during the past 2 years, a fe- dren learn about their country. Many would to be the auxiliary police coordinator. Officer male veteran has been supported in nursing otherwise get little instruction in American his- Neal was promoted to Community Affairs Offi- school in the amount of $3,000.00. The 40 & tory. An outstanding Teacher of the Year is cer for doing an effective job in recruiting and 8 engine is a familiar sight at all parades and recognized by the unit, and a substantial sum training auxiliary police officers. In that capac- fund raisers in this and adjoining counties. is given each year to the Educational Founda- ity he has represented the precinct at local Many young children know how this organiza- tion, which uses their funds to provide mate- civic, fraternal, religious and educational tion got its name, if they know little else about rials for the classroom not provided by the events conducted within the Canarsie commu- American history. The veterans recycle alu- school system. Fourteen girls are sponsored nity. His selfless efforts have endeared him to minum cans to supplement their scholarship to Girl's State. the numerous Canarsie residents. fund, which also helps the ecology by keeping As does the Legion, the auxiliary never Officer Neal is a dedicated family man and the cans out of the landfill. turns a deaf ear on those seeking their sup- has been married to his wife Patricia for 36 The American Legion may be best known in port. Recently, it was learned that a local child years. They have three children, James, Mi- the community for their sponsorship of Amer- who is suffering from cancer would attend chael, and Suzanne, and five grandchildren. ican Legion baseball. They support many Camp Horizon, if funding was found, and the I am pleased to acknowledge to two com- teams annually, and this past year the Colum- unit voted unanimously to fund a scholarship munity success stories that are mutually bia team went all the way to the national in the amount of $386.00. This is only one ex- linked. The Canarsie Volunteer Ambulance finals. Boys in the program learn about sports- ample of their generosity. Corp. and its relationship with Officer Warren manship, which helps them get along with Child and spousal abuse is a concern of all Neal has been a fruitful relationship that has people as they go forward with their lives. Americans, and unit 19 has generously sup- nothing but positive results. I am pleased to Boy's State is also an important contribution ported a local home for battered women. highlight this exceptional example of commu- to the Legion. Thirteen boys are sent by the Monthly visits are made to VA hospitals, nity cooperation. Post to Boy's State where they learn about and approximately $2,500 spent on gifts, food, f how our Government works. Many have gone etc., annually. Monthly parties are also held at on to become leaders in government as well local nursing homes as well. At least PRESIDENTIAL AWARDS FOR EX- as industry. $1,000.00 is spent locally on charities each CELLENCE IN SCIENCE AND The Legion sponsors an oratorical contest year. MATHEMATICS TEACHING annually, which is wonderful training for Realizing that the fear of crime is a leading youngsters. And Post 19 hosted the State concern of all citizens, unit 19 is focusing on HON. JAMES M. TALENT contest, after which members of Auxiliary Unit crime prevention this year. Citizens are en- OF MISSOURI 19 provided a complementary lunch for those couraged to form Neighborhood Watch organi- IN THE HOUSE OF REPRESENTATIVES attending, many who had come from a great zations. Crime Prevention Call-In was featured Wednesday, April 17, 1996 distance. on a local cable television station, under the Scouting is also sponsored by Post 19, and leadership of the unit. Mr. TALENT. Mr. Speaker, I rise today to many young men have gone on to become These are but a few of the good things acknowledge, Linda Lee Hydar, Linda Marie Eagle Scouts under the leadership of mem- being done by a group of veterans and their Kralina, and Kathleen M. Vielhaber in recogni- bers of the post. wives, sisters, and daughters. Will you not tion of their 1995 Presidential Awards for Ex- The post cares for veterans who are ill, or agree with me that something is right with cellence in Science and Mathematics Teach- have fallen on hard times, and when veterans, America in Columbia, TN? ing.

∑ 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. E552 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 1996 The Presidential Awards for Excellence in The 1990 beating death of Bobby Jewett in For example, after the hundreds of trade ne- Science and Mathematics Teaching Program, West Palm Beach is a devastating example of gotiators gathered in Geneva for the signing of administered by the National Science Founda- the consequences of concealed records. Once the Uruguay round agreements had congratu- tion, is designed to recognize and reward out- the employment histories of the two officers in- lated themselves on their success and re- standing teachers from elementary and sec- volved in the death were uncovered, it was re- turned to their capitals, Mr. Hart and a small ondary schools. These teachers serve as vealed that they had gone through four States number of his colleagues turned to the critical models for their colleagues in many important and eight different law enforcement agencies. task of translating the political results of the areas. At the same time, through such Much of this had been left out of their job ap- negotiations into tangible benefits for U.S. awards, they are able to increase the visibility plications. businesses, workers, and consumers. Mr. Hart and rewards of teaching in hopes of encourag- This legislation has the support of both na- was personally responsible for the production, ing high quality individuals to enter and remain tional law enforcement organizations and local under very stringent deadlines, of almost in the educational field. authorities. Few agencies have the personnel 2,500 pages of documentation necessary to In addition to the individual recognition that and resources to conduct thorough back- record our international tariff commitments and Ms. Hydar, Ms. Kralina, and Ms. Vielhaber re- ground checks on police applications. A na- update our tariff schedules. Mr. Hart meticu- ceive, the school at which each teaches will tionwide data base is needed. lously checked and cross-checked every line be given a $7,500 grant from the National f of information in these documents to ensure Science Foundation. These funds are to be the United States commitments were accu- used under the direction of the recipients to TRIBUTE TO THE CAREER OF rately represented and new tariff rates prop- continue their excellent work in educating our WILLIAM THOMAS HART erly calculated. This is but one example of the Nation's children. dedication and professionalism that Mr. Hart Mr. Speaker, it is an honor and a privilege HON. SAM GIBBONS exhibited throughout his long career. for me to pay tribute to these fine teachers, OF FLORIDA Mr. Hart's contributions and the critical sup- and commend them upon their efforts in en- IN THE HOUSE OF REPRESENTATIVES port he provided to the agencies responsible suring the next generation of quality founda- Wednesday, April 17, 1996 for U.S. trade policy have been recognized by tion from where they can pursue their ambi- the President's trade representatives from tions. I join the National Science Foundation in Mr. GIBBONS. Mr. Speaker, Dedication. In- Christian Herter, the first Special Trade Rep- honoring the excellent work that each of these tegrity. Professionalism. Wisdom. Humility. resentative, to Mickey Kantor. The ITC also three teachers has been able to accomplish. These are attributes that we hold in high es- recognized the exceptional talents and dedi- f teem and seek in those who lead us. It is re- cated public service of Mr. Hart by twice assuring to recognize some of these attributes THE LAW ENFORCEMENT AND awarding him that agency's highest honor, in individuals; it is remarkable when we can CORRECTIONAL OFFICERS EM- The Commissioners' Award for Exceptional recognize all of them in a single individual. I PLOYMENT REGISTRATION ACT Service. would like to take a few moments to tell you OF 1996 Mr. Hart's service to his country and to his about William Thomas Hart, one such individ- fellow citizens deserves our recognition and HON. HARRY JOHNSTON ual. our praise. Bill, congratulations on your retire- This month marks the second anniversary of ment. You did you job well, and you did it with OF FLORIDA the signing of this century's most comprehen- IN THE HOUSE OF REPRESENTATIVES care and pride and warmth. Your sense of sive multilateral trade agreements, the Uru- honor, as well as your vast historical knowl- Wednesday, April 17, 1996 guay Round of Multilateral Trade Negotiations edge of trade negotiations, will be greatly Mr. JOHNSTON of Florida. Mr. Speaker, under the General Agreement on Tariffs and missed. Your career serves as a fine example today I am introducing the Law Enforcement Trade [GATT]. It also marks the first April for your colleagues and for the generations of and Correctional Officers Employment Reg- since 1949 that the U.S. Government will not Government employees who will follow in your istration Act of 1996. This bill will establish a be able to call upon the expertise of William path. national clearinghouse to assist in background Thomas Hart. f checks on applicants for law enforcement For over 53 years Mr. Hart has served this jobs. The bill is a companion to S. 484, intro- country, first as a young naval officer in World A GOOD MAN duced by my colleague in the other body, War II, then as an outstanding civil servant. In Senator BOB GRAHAM. July 1948, Mr. Hart joined the staff of the U.S. HON. GLENN POSHARD This legislation will establish a national data Tariff Commission, now the U.S. International OF ILLINOIS bank providing quick and accurate information Trade Commission, beginning a distinguished IN THE HOUSE OF REPRESENTATIVES regarding an officer's prior employment his- career of public service in the trade field that Wednesday, April 17, 1996 tory. Maintained by the Department of Justice, would span almost 50 years before his retire- it will be accessible to law enforcement agen- ment in February 1996. Mr. POSHARD. Mr. Speaker, I rise to join cies to assist in background checks of those Mr. Hart specialize in the somewhat arcane the American chorus of praise for Commerce seeking employment. but critically important area of tariff negotia- Secretary Ron Brown and to join my col- The intent of this legislation is to help pre- tions. He most recently served as the U.S. leagues in expressing our profound sorrow at vent what have been commonly known as International Trade Commission's [ITC] Direc- the loss of his life in the plan crash in Croatia. ``Rogue Cops''. These are police officers who tor of the Office of Executive and International And I also take this time to let the Nation have been dismissed or have been forced to Liaison, responsible for planning and directing know that a constituent of mine, Air Force resign from previous positions but conceal the ITC's activities in support of U.S. trade Staff Sgt. Gerald V. Aldrich, of Louisville, IL, their employment history in job applications. agreement negotiations and implementation. was a member of the crew and also perished Florida Department of Law Enforcement Com- During his years of service he advised U.S. in that terrible crash. missioner James T. Moore said, ``Experience trade negotiations in all of the principal rounds Because of that, the 19th district of Illinois has shown that, after being found guilty of of multilateral negotiations conducted under was touched as much as any other in the Na- misconduct, many problem officers resign or the GATT. He was also a key adviser in the tion by the news from that rugged mountain- are fired, only to seek police jobs elsewhere.'' negotiation of the United States-Israel Free side in a nation torn apart by civil war and cul- The clearinghouse will simply be a pointer Trade Area Agreement, the United States- tural strife. file, maintaining basic information on all cer- Canada Free Trade Agreement, and the North Unexplainable tragedies inevitably take with tified officers, including name, date of birth, American Free Trade Agreement. His wise them outstanding people who are a credit to Social Security number, and dates of employ- counsel and encyclopedic knowledge of their families, friends, and communities. Cer- ment. To protect the rights of officers, it would events, both large and small, in the field of tainly that is true with Sergeant Aldrich and not contain information relating to causes of international trade have been sought out by in- Secretary Brown. dismissal. The potential employer would still numerable government officials and business I have talked with the Aldrich family at hold primary responsibility for conducting a executives both here and abroad. length, and know that they are extraordinarily thorough background check, but this measure Not only did Mr. Hart provide invaluable ad- proud of their fine son. He entered the military will mean officers could no longer conceal vice during the course of negotiations, but shortly after graduating from high school and their prior employment history simply by mov- when the trade negotiators' work concluded, fashioned a career that was clearly taking him ing from one State to another. Mr. Hart's most lasting contributions began. to leadership positions in the Air Force. On April 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E553 behalf of everyone in the 19th district, I send Jennifer Grafelman began working on her time, the closest firefighting and emergency my deepest sympathies to his entire family. Girl Scout Gold Award requirements in 1994. medical help had to respond from a distance As I comprehended Secretary Brown's She completed her project by presenting a of 18 miles. The department has grown to death, I knew that most people would remem- Children's Safety Awareness With Strangers serve 80 square miles and currently covers al- ber him for his efforts in the Democratic Party Program for a local elementary school, grades most one-fifth of the county. and for his global approach to supporting K±3. This program not only gave valuable in- The department is comprised of 80 mem- American economic interests. And while he formation to the students, but also provided bers, with active volunteers and career fire- must certainly be commended for those parents with a photo of their child, fingerprints fighters making up one-half of the member- things, I knew that I would remember him and video tapes of the children. The local ship. For 50 years, these dedicated members much more for two very simple, relatively school board was very supportive of this have willingly placed themselves in great dan- small projects which were extremely important project. ger so as to make the community safer for to me and the people in my district. There are Nora Hegwood started work on the Girl others. In volunteering to undertake the risks two major construction projects underway in Scout Gold Award in 1993. Her project in- inherent in firefighting, they have shown a rare my district right now because the communities volved working with an Early Childhood Edu- dedication to helping others. made their case to the Commerce Depart- cation Center to assess the abilities of children From the auxiliary to the board of directors ment, and Secretary Brown made sure their who do not have minimal playing skills and to the firefighters themselves, the Upper Mont- needs were addressed. He was personally in- then to work with each of them in play ther- gomery County Volunteer Fire Department's terested in how these projects would create apy/play intervention to improve their level of members are committed to keeping the com- jobs and improve the lives of working people, play with other children. This involved an aver- munity safe and fire-free. I would like to call and I will always be thankful for that. age of 2-hour-long play sessions several times special attention to George T. Hillard, who has Mr. Speaker, two fine Americans were taken over a 3-month period. served as the elected volunteer chief for every from us on that mountain in Croatia. I thank Aria Hoekstra began work on the Gold year but one since 1958, and the five charter the Aldrich and Brown families for sharing Award in 1993. She completed her project by members who are still with us: Charles Elgin, their precious gifts with us for as long as they making and gathering toys, games, and books Sr., Charles Staub, A. Leland Clark, Benoni did, and commend their careers of public serv- and making a toy box for these items, then Allnut, and R. Edwin Brown. I would also like ice to the rest of us to emulate and admire. donating them to the children's ward of a local to recognize George Reid for the many years f hospital. In addition, she visited the hospital of comfort he has provided as the chaplain for on several occasions and read, played games, the department. TRIBUTE TO GIRL SCOUT GOLD and became friends to the children. I am certain my colleagues will join me in AWARD RECIPIENTS Lee Ann Kroppel started her work on the congratulating the Upper Montgomery County Girl Scout Gold Award in 1994. She com- Fire Department on 50 years of dedicated HON. RAY LaHOOD pleted her project by presenting a Children's service, and wish them equal success in the OF ILLINOIS Safety Awareness With Strangers program for many years to come. IN THE HOUSE OF REPRESENTATIVES a local elementary school, grades K±3. Work- f Wednesday, April 17, 1996 ing with the local school board, she provided valuable information to students and parents, TRIBUTE TO MADGELEAN BUSH Mr. LAHOOD. Mr. Speaker, today, I would including a photo and video tape of the child, like to salute a group of outstanding young as well as fingerprints. HON. KEN BENTSEN women from my district who have been hon- Jordan Maricle initiated work on her Gold OF TEXAS ored with the Girl Scouts of the U.S.A. Gold Award in 1994. Her project was completed by IN THE HOUSE OF REPRESENTATIVES Award by the Kickapoo Council of Girl Scouts teaching French in an elementary school Wednesday, April 17, 1996 in Peoria, IL. The seven girls who received where there are no classes in French. The this award are the following: Jennifer Baker of school has cooperated in allowing this to be Mr. BENTSEN. Mr. Speaker, I rise today to Troop 47; Jennifer Grafelman of Troop 22; done with interested children. This project pay tribute to a very special friend and com- Nora Hegwood of Troop 1000; Aria Hoekstra helps expand the horizons of children to an- munity leader from Houston. Ms. Madgelean of Troop 581; Lee Ann Kroppel of Troop 22; other culture different from their own. Bush will be honored this Friday as the 1996 Jordan Maricle of Troop 144; and Jennifer Jennifer Roth began work on the Gold recipient of the Joint Action in Community Roth of Troop 345. Award in 1994. She completed her project by Service, Inc.'s [JACS] National Volunteer of The Gold Award is the highest achievement cleaning, recording, and setting up a database the Year Award. award in Girl Scouting. It symbolizes outstand- for all of the band trophies and awards in her Ms. Bush has been a JACS volunteer coor- ing accomplishments in the areas of leader- high school. They have received over 450 dinator for 10 years and serves as the execu- ship, community service, career planning, and honors. This project will be one that can con- tive director of the Martin Luther King, Jr., personal development. The Girl Scout Gold tinue and will be of historical value to the Community Center's halfway house in Hous- Award can be earned by girls aged 14±17 or school. ton. A natural leader and administrator, she in grades 9±12. The earning of the Girl Scout Gold Award is supervises a staff of 45 and manages two and Girl Scouts of the U.S.A., an organization a major accomplishment for all of these young a half million dollars in city, county, State, and serving over 3.3 million girls, has awarded women, and I believe they should all receive Federal funds. Among other services, she and more than 20,000 Girl Scout Gold Awards to the public recognition due to them for their sig- her staff and volunteers have assisted more Senior Girl Scouts since the inception of the nificant service to the community and to the than 2,400 Job Corps students in their transi- program in 1980. To receive the award, a Girl country. tion from Job Corps training to community re- Scout must fulfill five requirements: earn four f adjustment and the world of work. interest project patches; earn the Career Ex- Ms. Bush was selected for this year's honor ploration Pin; earn the Senior Girl Scout Lead- SALUTE TO THE UPPER MONT- from a group of 10 individuals nominated as ership Award; earn the Senior Girl Scout Chal- GOMERY COUNTY FIRE DEPART- outstanding regional volunteers. lenge; and design and implement a Girl Scout MENT JACS Southwest Regional Director Deloris Gold Award project. A plan for fulfilling the re- Kenerson, who nominated Ms. Bush, de- quirements of the award is created by the HON. CONSTANCE A. MORELLA scribed her as ``a dedicated, humble, yet dy- Senior Girl Scout and is carried out through OF MARYLAND namic advocate for the Job Corps program.'' close cooperation between the girl and an IN THE HOUSE OF REPRESENTATIVES Ms. Kenerson added, ``Harris County has adult Girl Scout volunteer. more students returning home from Job Corps Jennifer Baker began working on the Girl Wednesday, April 17, 1996 than any other county in the Southwest region. Scout Gold Award in early 1994. Her project Mrs. MORELLA. Mr. Speaker, I rise today to The assistance Ms. Bush provides helps pro- was completed by making presentations to salute the Upper Montgomery County Volun- mote self-sufficiency and self-worth among the high school students regarding the importance teer Fire Department, which celebrates its young people returning to the Houston area of making and keeping family values a priority 50th anniversary this year. from Job Corps training.'' in their life. She worked on this with the guid- The Upper Montgomery County Volunteer Ms. Kenerson attributes much of Ms. Bush's ance and supervision of the Fulton County Fire Department was incorporated in 1946 as success to the fact that she refuses to accept Health and Child Services Department. a result of a major fire in the area. Before that that what is right is not always possible. If E554 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 1996 each person does his/her small part, then nism designed to pursue justice, yet some- ious countries to visit concentration camps what is right can be accomplished. Ms. Bush how in contemporary American society we and witness the gas chambers, crematoria, has never given any of her staff the luxury of managed to misplace the operations manual and stockpiles of clothing and shoes left be- and have forgotten how to keep this beau- saying, It can't be done. tiful machine working. If we are a govern- hind by the victims of the Holocaust. This im- When not helping Job Corps youth, Ms. ment of the people, why are the people so portant program provides young students from Bush volunteers for a host of other worthy upset at the government? In order to look at around the world with the opportunity to come causes. Over two decades of service, she has the real root problems we must first quiet together to learn of their ancestors' contribu- contributed to the Houston Inter Faith Hunger our partisan babble, we must calm our na- tions, the atrocities committed against them, Coalition, the Riverside Health Clinic Advisory tionalistic frustrations, we must look fear- and the triumph of the Jewish Nation to sur- Board, Twilight Chapter No. 393 Order of the lessly at ourselves and then we must listen. vive and create their own stateÐthe State of Eastern Star Prince Hall Masons, the Dodson Listening for our genuine voice is the first Israel. Elementary Advisory Group, the United Meth- step. It will require patience and integrity The March of the Living Program is a com- and ultimately it will lead to an answer. odist Church Conference of Church and Soci- How do you reply to this democratic call? pelling program that fosters a deeper under- ety, and the Texas Conference of Churches. You must first reply through education. standing of the Holocaust, reminds us of the She serves as a precinct judge and a member We as citizens must become knowledgeable dangers of complacency, and commemorates of the Texas Democratic Executive Committee of our history, our laws, and our government what happened during World War II and the from Precinct No. 247. structure. If we are not educated, these insti- human spirit that triumphs with the Jewish Na- The mother of a grown son and daughter, tutions will cease to exist. We must strive to tion. I am encouraged by the statements made Ms. Bush enjoys her grandchildren and 150 be aware of current issues, and how our gov- by countries, such as Austria, who have ex- ernment is responding to them. We as United foster children. States citizens are the government. We can- pressed an interest in participating in the I am proud to call Madgelean Bush my not shut our eyes to what our representa- March of the Living Program in the future. friend and congratulate her on becoming tives are doing. f JACS National Volunteer of the Year. Education must be followed with action. A f democratic state is dependent on this integ- SIKH NATION CELEBRATES ITS rity. Whether we sit in on city council meet- 297TH BIRTHDAY TRIBUTE TO ANNE MARIE FOY ings, write letters to our government offi- cials, or protest against things we view un- HON. EDOLPHUS TOWNS just, we must reply to the American call. If HON. JAMES M. TALENT we feel far from Washington D.C. or detached OF NEW YORK OF MISSOURI from government, then we should rise up and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES demand straightforward dialogue. We must Wednesday, April 17, 1996 Wednesday, April 17, 1996 get past this glossy, polished, television image of the government. For we are the Mr. TOWNS. Mr. Speaker, on April 13, 1996 Mr. TALENT. Mr. Speaker, I rise today to government. We are real. We are not pol- the Sikh nation celebrated its 297th birthday. recognize one of my constituents, Anne Marie ished. We are human. We have mentally sep- Sikhs call this day Vaisaakhi Day. It was on Foy, a student at Cor Jesu Academy who was arated ourselves from the government in this Vaisaakhi Day in 1699 that the tenth Sikh recently awarded a Voice of Democracy country. Government officials are no longer Guru, Guru Gobind Singh, baptized the Sikhs extensions of the people but, professional Scholarship from the Veterans of Foreign into nationhood. Sikhs refer to their nation as television personas. If we are upset with pub- the Khalsa Panth. Wars. Ms. Foy's essay was one chosen as a lic officials, then we must vote them out of national winner from over 116,000 submitted. office. If we are tired of corrupt politicians, Since becoming a nation, Sikhs have expe- The contest theme this year was ``Answering then we must speak with honesty ourselves rienced periods of great prosperity and periods America's Call'' and I have included her win- and elect honest citizens. If we are exas- of immense, brutal repression. Sikhs ruled ning essay below. perated with government programs, then we Punjab from 1710 to 1716 and again from Good morning friends. I come today to must take our seat on planning committees. 1765 to 1849, establishing an enlightened speak with you about an issue that is both In a world where so many fought and died form of government that recognized the equal- very dear to my heart and extremely vital to for their independence, for their freedom, for ity of all citizens regardless of religious affili- our nation’s well-being. I speak about our their autonomy, America and her people ation or social class standing. Sikhs have also should stand as an encouraging light and ex- answer as citizens to America’s call. Today I persevered through periods of immeasurable want to take a moment to reflect on this call ample. We have so many brilliant minds, and caring hearts, and noble spirits, and yet oppression from Mogul invaders who dese- and to see it in its fullness, as a necessary crated the holiest of Sikh shrines, the Golden element of our personal democracy. I hope to America seems lost, somewhat bewildered inflame your American passions with these about her path, her future. We are her fu- Temple in Amristar and who slaughtered Sikhs few words. In fact, I dream to awaken every- ture. Our parents, our children, our country- who refused to deny their faith. Throughout thing about you that defines you as an men, and our very selves, we are the ones their entire history Sikhs have persisted in the American citizen. that must decide her path. First we must command given to them by Guru Gobind In the past, to be an American was to de- hear the call and then as Americans, boldly Singh to stand up against tyranny and oppres- and courageously, we must answer. termine your own destiny. It was to have a sion no matter where it exist. f voice in your government and to take a con- Today Sikhs find themselves again standing siderable role in the governing of yourself up against tyranny and oppression. This time and of your community. Never before in the THE MARCH OF THE LIVING history of the modern world had autonomy PROGRAM the oppressor is the Government of India. In- been so real, so tangible, and so evident. It dian forces have murdered over 150,000 was our political pluralism, the sovereign HON. HARRY JOHNSTON Sikhs since 1984. In June 1984 the Golden contract with our government as a demo- OF FLORIDA Temple was again desecrated, this time by the cratic people, and our rights to assemble and Indian military. In that assault, over 20,000 IN THE HOUSE OF REPRESENTATIVES disagree with our governing figures that Sikhs were killed. In November 1984, over united us as America. It was our political Wednesday, April 17, 1996 40,000 Sikhs throughout India were killed by views that we transformed into civic activ- Mr. JOHNSTON of Florida. Mr. Speaker, mobs instigated to murder Sikhs by leading ism and our personal involvement with the government that made us strong. The free- April 16 marks Yom Hashoah, Holocaust Re- members of the ruling Congress (I) party. Ac- dom we enjoyed as empowered citizens of membrance Day, on which we pay tribute to cording to prominent human rights activists in this democratic nation led us to be one of the memory of he 6 million Jews who died in the Sikh homeland, the number of Sikhs who the great superpowers of the world. We had concentration camps during World War II and have been ``disappeared'' or illegally killed in found our strength as a country in our reply take pride in programs, such as the March of ``fake encounters'' may be over 100,000. One to the great American call. the Living, which educate new generations on Sikh human rights activist, Jaswant Singh The truest beauty of America is her people. the Holocaust. Khalra, was abducted by Indian police on Sep- Under a democratic government each indi- I was first apprised of this program by my tember 7, 1995 after he released a report vidual enjoys protected rights and liberties, but this political system is dependent on good friend, Ernest Goldblum of Delray Beach, showing that the Indian regime has abducted, civic activism. Thus to enjoy your political FL, who has worked with great love to pro- tortured, murdered and cremated over 25,000 rights, you must fulfill your responsibilities mote this international program. Since its in- Sikhs. On October 19, 1995, 65 Members of as a citizen and accept a political role. We as ception in 1988, over 20,000 high school stu- the Congress sent a letter to Indian Prime Americans are owners of a political mecha- dents of Jewish heritage have traveled to var- Minister P.V. Narasimha Rao demanding April 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E555 Khalra's release. Mr. Khalra's whereabouts re- HONORING THE 1995–96 BASKET- FL, which will begin a great undertaking next main unknown, 7 months after his abduction. BALL SEASON OF THE POPE week as they break ground on a new 18,000- COUNTY PIRATES India desperately wants the world to believe foot facility. As south Florida has grown over the past that the Punjab is a tranquil place and that several decades, First Baptist has played an Sikhs eagerly want to remain part of India. I HON. GLENN POSHARD OF ILLINOIS increasingly important role in southwest want my colleagues in the U.S. Congress to IN THE HOUSE OF REPRESENTATIVES Broward County. This church home has grown know that the only peace in Punjab is the si- Wednesday, April 17, 1996 from a small community to what is today a lence of a nation suffocating in the strangle- family of over 900 believers. hold of Indian repression. Every Sikh who has Mr. POSHARD. Mr. Speaker, perhaps noth- This very special group of people have been bold enough to stand up and advocate ing in sports is as thrilling as the underdog reached out to the community and have fo- beating the odds and having success. The the freedom of Khalistan through peaceful cused their energies on including everyone in story of a small-town Indiana basketball team means has felt the immediate sting of Indian Weston. Led by an ever growing ministry, their was made famous by the movie ``Hoosiers.'' outreach programs have already been a posi- brutality. In January 1995, Simranjit Singh Well, this past season, the Pope County Pi- Mann asked a crowd of 50,000 Sikhs if they tive influence in the lives of many. rates lived out a similar story line, as this The new facility which they are constructing supported the independence of Khalistan school near Golconda, IL, with an enrollment will offer new space for workship and for edu- through peaceful means. All 50,000 Sikhs of 191 students came within one game of cation. This facility will also provide a rec- making the State finals. Along the way, they raised their hands in support. Mr. Mann was reational area for this community, as well as, energized the surrounding area with their then arrested by Indian police for asking this for the church and Weston Christian Academy. overpowering play in the regular season while question despite the fact that in 1992 the Pun- Mr. Speaker, in today's world in which so displaying gritty determination in the playoffs. jab and Haryana High Courts in India ruled many are building walls, First Baptist Church I would like to congratulate the players and that waging a peaceful struggle for self-deter- coaches on a fantastic, record-setting cam- is breaking them down. Their inclusive mission mination is no offense. The hypocrisy of the paign. and programs are to be commended, and I Indian Government is evident. It is clear to Second-year head coach Andy Palmer led know that if every community in our Nation Sikhs and non-Sikhs alike that India simply his cagers to a team record 27 victories shared their spirit and their mission, we would wants to prevent the Sikhs from enjoying their against only 3 defeats, smashing the old mark, not face nearly so many problems today. right of freedom. set the year before, by 6 wins. The Pirates ad- f vanced farther in the State tournament than In the face of this kind of repression, Sikhs ALGONQUIN ARTS COUNCIL PRE- any previous Pope County team. winning the SENTS A TRIBUTE TO ERA are reminded of their duty to stand up against school's first sectional game and champion- TOGNOLI tyranny wherever it exists. On October 7, ship before bowing out in their maiden trip to 1987, the Sikh nation declared itself independ- the super-sectional. Also, they had the small- ent from India forming the separate country of est enrollment of any school to advance to the HON. FRANK PALLONE, JR. Khalistan. This Vaisaakhi Day, Sikhs are Sweet Sixteen. The senior-led ball club domi- OF NEW JERSEY emboldened to carry on their struggle for free- nated their opponents by an average 181¤2 IN THE HOUSE OF REPRESENTATIVES dom in the face of immense brutality, because points a game, easily winning the Greater Wednesday, April 17, 1996 to be a Sikh means either to live free of tyr- Egyptian Conference. Mr. Speaker, we need only remember the Mr. PALLONE. Mr. Speaker, on Saturday, anny or to persistently struggle against it. NCAA basketball finals 2 weeks ago or the April 20, 1996, the Second Annual Algonquin I call on my colleagues in the Congress to Masters golf tournament last weekend to know Arts Ball, ``A Tribute to Era Tognoli,'' will be join me in supporting the Sikhs nation's strug- how much sports provide us in terms of ex- held at the Warren Hotel in Spring Lake, NJ. gle for freedom. As Americans it is our duty to citement, commitment, and emotion. The play- On this occasion, Ms. Tognoli will receive the do so, because like Americans, the Sikhs are ers of the Pope County Pirates have given Algonquin Arts Award for Outstanding Service a freedom-loving people struggling to break something to their parents, friends, and com- to the Arts for her contribution to the cultural the chains of tyranny. Sikhs want to live in munity that can never be taken away, and that life of the Jersey Shore area as founder and they can cherish for the rest of their lives. For director of the Metro Lyric Opera Company peace and be allowed to develop to their full- that special gift to all of us, I thank them, and and the Monmouth Opera Festival. Ms. est potential. Sikh and American ideals par- would like to read their names for the record, Tognoli will also receive funding to establish allel one another to a great degree, and it is as well as those of the assistant coaches. an operetta series at the newly refurbished my firm conviction that an independent cheerleaders, and management staff, as they Algonquin Arts Theatre in Manasquan, NJ, Khalistan would be America's strongest ally in all played an integral part of the team's ac- and to continue opera education for children. South Asia. Khalistan would form a buffer na- complishments. The players: Casey Dugan, Saturday's ball will benefit the Algonquin tion between India and Pakistan, thus reduc- Patrick Presser, Ryan Fritch, James Joyner, Arts nonprofit corporation, which seeks to ing the potential for armed conflict between Jason King, Clint Taylor, Jackie Scarborough, bring live performance programs and arts edu- the two countries. Khalistan would also agree Brad Maynor, Mark Brueggert, Robin Pfeifer- cation to the Shore community. Proceeds from to the nuclear nonproliferation efforts currently Thompson, Rich Eddington, Dustin Turner, last year's ball sponsored a new children's Jason Teitloff, Gordon Dugan, and Eric Suits. being made by the United States and the concert series presented by one of the Shore The assistant coaches: Eric Messmer and international community in South Asia. And area's great artistic traditions, Father Alphonse Tyler Presser. The cheerleaders, Misty Boyd, Stephenson and the Orchestra of St. Peter by unlike India which depends on IMF loans and Julie Jeffords, Becky Roper, Kim Faulkner, the Sea. Live productions, children's theater, U.S. assistance to feed its people, while se- April Vasseur, Marty Eason, Courtney Leach, and educational programs have been high- cretly spending billions on developing nuclear Janice Shetler, Alisha Morris, Amey Hogg, lights of the past season, while programming weapons and crushing freedom movements, Keesha Swinford , Rachel Douglass, and Kara is being expanded to include ballet, jazz, and an independent Khalistan would develop itself Suits. The management staff: Brandie Sim- historic dramatizations. along the lines of a South Korea or a Taiwan, mons, Brandy Maynor, Jenny Skaggs, and Mr. Speaker, I am concerned that many cultivating economic self-sustainability. Travis Kluge. people, including some Shore residents, do f For America, the Sikh vision of an inde- not realize the wonderful tradition of artistic pendent Khalistan is an attractive alternative TRIBUTE TO THE FIRST BAPTIST and cultural offerings in coastal New Jersey. While the Jersey Shore is known for many to the current state of affairs in South AsiaÐ CHURCH OF WESTON, FL things, many people often assume that you a vision of economic development, nuclear have to go to New York or Philadelphia for nonproliferation and regional stability. Today, HON. PETER DEUTSCH first-rate artistic events. Not true. I salute Era OF FLORIDA however, Sikhs are reeling under the boot of Tognoli, the Council of the Algonquin Arts IN THE HOUSE OF REPRESENTATIVES Indian state repression. I call on my col- Non-Profit Corporation, their board of directors leagues to support the independence of Wednesday, April 17, 1996 and their many members and contributors, for Khalistan and help the Sikh nation obtain the Mr. DEUTSCH. Mr. Speaker, today I pay continuing to contribute to excellence in the freedom it so rightly deserves. tribute to the First Baptist Church in Weston, arts and further enhancing the quality of life in E556 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 1996 that unique region we proudly call the Jersey man's tireless efforts on behalf of right to Over the past 3 years, Mr. Brown had di- Shore. work, and those of us who remain active in rected his efforts toward improving trade and f this fight should share Tom Quinlan's firm be- commerce for the United States. He served as lief in the eventual triumph of the right to work a proud emissary for American interests. TRIBUTE TO THE LATE THOMAS F. cause. Mr. Brown was a talented and tireless ad- QUINLAN, SR. f versary on the campaign trail as well as a dis- tinguished member of the Clinton administra- HON. JOHN SHADEGG RECOGNIZING LAW DAY AT tion serving on behalf of the American people. DIABLO VALLEY COLLEGE OF ARIZONA I offer my condolences to the family and friends of Secretary Ron Brown. IN THE HOUSE OF REPRESENTATIVES HON. BILL BAKER Wednesday, April 17, 1996 f OF CALIFORNIA Mr. SHADEGG. Mr. Speaker, it is with great IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF OPPORTUNITY INC. sadness that I announce the death of a coura- Wednesday, April 17, 1996 geous American who fought for more than four decades on behalf of the principle that no Mr. BAKER of California. Mr. Speaker, on HON. JOHN EDWARD PORTER worker should be forced to pay union dues as May 1, we will commemorate Law Day throughout America. The theme of ``liberty OF ILLINOIS a condition of employment. IN THE HOUSE OF REPRESENTATIVES Thomas F. Quinlan, Sr., father, husband, under law'' is as old as our Republic, and is teacher, small businessman, and public serv- central to understanding who we are as a peo- Wednesday, April 17, 1996 ant, died February 11 at his home in Wheaton, ple. Freedom without just legal restrain be- Mr. PORTER. Mr. Speaker, I am pleased to IL, where he moved after retiring to be near comes license; law not moderated by respect rise today to recognize Opportunity, Inc., an two of his six children. for human rights is merely authoritarian. outstanding organization located in Highland As a history teacher in New Milford, CT, for At Diablo Valley College in my home district Park, IL. 24 years and owner of a small lakeside resort in California, Law Day will be celebrated under Opportunity, Inc. is a unique, not-for-profit for 20 years, Tom Quinlan appreciated the im- the theme of ``We the People: The United contract manufacturer that employs 150 per- portance of right to work for both workers and States ConstitutionÐthe Original American sons, 80 percent of whom have developmen- small businessmen. Dream.'' A ceremony will be held at the Col- tal, physical and/or emotional disabilities. Mr. Quinlan also served three terms in the lege's Performing Arts Center and citizens Founded by local construction executive John Connecticut general assembly, from 1954 to from around the Contra Costa region will enjoy Cornell in 1976, who still serves on the board 1960. During those years, he worked tirelessly a presentation of what our Constitution, our of directors, the company will be celebrating for enactment of a Connecticut right to work laws, and our institutions mean to us all. its 20th anniversary on May 7, 1996 at a ben- law, but was frustrated by the State's powerful I am pleased to recognize Diablo Valley efit dinner to be held at the Hotel Nikko in Chi- union political machine, fed by the forced dues College for its commitment to the legal frame- cago, IL. of the very workers whose rights Mr. Quinlan work of our society, and most especially the The company's mission is twofold: First, to was working to protect. College's reaffirmation of the value of our provide a mainstream plant environment in But he never gave up. Constitution. The American DreamÐa dream which handicapable persons can work and After leaving electorial politics, Mr. Quinlan of ``freedom and justice for all''Ðis alive and earn a paycheck along with the dignity that carried on his efforts, to bring the benefits of well, and Diablo Valley College deserves rec- comes from being employed productively on a voluntary unionism to Connecticut's workers ognition for its role in honoring some of the full-time basis; and second, to provide its pri- by helping to found, and serving as president best of our traditions. vate sector customers with the best possible of, the Connecticut Right to Work Educational f quality, price, and service. Committee. A TRIBUTE TO THE HONORABLE In this age of fiscal restraint, Opportunity, Tom Quinlan was also a leader in the fight RON BROWN FOR DISTINGUISHED Inc. stands as an outstanding example of how against compulsory unionism on the national SERVICE TO U.S. CITIZENS to accomplish an important social mission level, serving as a board member of the Na- without using any Government subsidies. The tional Right to Work Committee, which has led key to the company's success is its determina- the fight for worker freedom across the coun- HON. F. JAMES SENSENBRENNER, JR. tion to compete for business strictly on the OF WISCONSIN try for over 40 years, from 1965 until his re- basis of quality, price, and service. IN THE HOUSE OF REPRESENTATIVES cent passing. Mr. Speaker, Opportunity, Inc. has dem- As a member of the committee's board, Mr. Wednesday, April 17, 1996 onstrated how competitive and productive Quinlan helped guide the right to work move- Mr. SENSENBRENNER. Mr. Speaker, I rise handicapable employees can be. Opportunity, ment through its successful battles against big today to pay tribute to the late Secretary Ron Inc. built and continues to operate the only labor's attempt to repeal section 14(b) of the Brown, an American who distinguished himself not-for-profit, certified class ``clean room'' for Taft-Hartley Act in the mid-sixties, the phony as a leader in the Democratic Party and an medical and surgical packaging in the country. labor law ``reform'' bill of the seventies, and outspoken supporter of free trade while serv- So stringent is Opportunity's commitment to the so-called anti-striker replacement bill in the ing as Commerce Secretary. quality that it has not had a lot rejected by its nineties. During his youth, Mr. Brown excelled in major medical/surgical customerÐBaxter Inter- His last service to the cause of freedom was school. His success led him to Middlebury nationalÐfor more than 6 years. helping to launch the campaign to pass the College in Vermont, which he attended on a Most important of all, however, is the pride National Right to Work Act (S. 581/H.R. 1279), ROTC scholarship. After graduating in 1962, of workmanship that you sense when you visit which will soon be voted on in the Senate. Mr. Brown entered the Army and rose to the Opportunity, Inc. During a recent visit, I experi- That Congress is even considering repeal of rank of captain. enced firsthand how dedicated and competi- those sections of Federal labor law that au- Throughout his life he held many important tive these employees are about their work. thorize forced-dues contracts is in no small positions in both the private and public sec- One man in his thirties said it best of all: measure due to Mr. Quinlan's work. tors. Secretary Brown ably assisted Senator ``Congressman, all we need is a fair chance to Remembering his departed colleague, Na- KENNEDY on his staff and with the Judiciary compete. That's what we get here at Oppor- tional Right to Work Committee president Committee. In addition, he was a highly tunity and just look at the results.'' Reed Larson recalled his optimism, ``No mat- sought lobbyist with Patton, Boggs & Blow. I am pleased to send congratulations to the ter how many temporary setbacks right to Mr. Brown impressively unified the Jesse employees, management and directors of Op- work forces suffered, Tom Quinlan remained Jackson and Michael Dukakis supporters at portunity, Inc. on the occasion of this remark- confident that our cause was just and would the 1988 Democratic National Convention. His able company's 20th anniversary, along with prevail in the end.'' efforts propelled him to chairman of the Demo- best wishes for their continued success into I stand before this body to pay tribute to cratic National Committee, where he ably the next century. I also commend Opportunity, Tom Quinlan's achievements and to offer my served for 4 years, culminating in Bill Clinton's Inc. as a worthy example to my colleagues, condolences to his family and friends. 1992 election. Ron Brown deservedly received who believe, as I do, that we must look to the All Americans owe a debt of gratitude to this much of the credit for his work with the Clinton private sector and to the local level for alter- former history teacher and small business- campaign. native solutions to difficult social problems April 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E557 such as unemployment among those with dis- AMERICA’S CABOTAGE LAWS ARE crewed by American citizens, and owned by abilities. VITAL TO THE SUCCESS OF OUR American companies. The body of law af- U.S. FLEET firming this principle is known as ‘‘cabo- tage’’ and is sometimes generically referred f to as the Jones Act. (Other countries HON. RANDY ‘‘DUKE’’ CUNNINGHAM throughout the world, including major in- A TRIBUTE TO HARRY LARRISON, OF CALIFORNIA dustrialized nations and key U.S. trading JR. IN THE HOUSE OF REPRESENTATIVES partners, have similar cabotage laws.) These laws provide critical national security, envi- Wednesday, April 17, 1996 ronmental, safety and economic benefits and Mr. CUNNINGHAM. Mr. Speaker, earlier deserve our support. HON. DICK ZIMMER The national security benefit of the domes- this week, all 14 members of the National Se- OF NEW JERSEY tic fleet is substantial. In times of inter- curity Committee's Special Oversight Panel on national crisis, the U.S. domestic fleet keeps IN THE HOUSE OF REPRESENTATIVES the Merchant Marine circulated a ``Dear Col- goods flowing reliably and securely between league'' letter expressing our strongest sup- U.S. ports, supporting military action over- Wednesday, April 17, 1996 port for America's cabotage laws, including the seas. In times of peace the cabotage laws Jones Act, and our continuing opposition to help assure a vibrant, competitive marine in- Mr. ZIMMER. Mr. Speaker, I rise today to frastructure so critical to our nation’s secu- honor a remarkable individual, Mr. Harry changes in these laws. Effective at the begin- ning of this Congress, the National Security rity. A recent letter to Congress from 61 re- Larrison, Jr. of Ocean Grove, NJ. Mr. Larrison tired Navy admirals, including five former will be honored on Wednesday, April 17, Committee became the committee of primary Chiefs of Naval Operations, stressed the im- 1996, at a testimonial dinner commemorating jurisdiction over cabotage matters such as the portance of the domestic fleet: 30 years of service to the U.S. Freeholders. Jones Act. In addition, a majority of the mem- American maritime power is the sum of His years of service merit him the honor of bers of the Coast Guard and Maritime Trans- our national maritime infrastructure . . . portation Subcommittee also signed the ``Dear Carrier battle groups and modern container- being the dean of the U.S. Freeholders. I am ships are at the forefront, militarily and eco- proud that I have known Harry for many years Colleague.'' In the letter, we noted the national security, nomically. However, it is the shipyards and both as a friend and a colleague in the State their skilled artisans, the pool of experi- economic, environmental and safety benefits of New Jersey. enced and trained seafarers, marine suppliers of the cabotage laws. I have a particular inter- large and small, vessel insurers and fin- Harry's involvement in politics began at the est in the national security importance of the anciers, and the federal, state and private age of 19 when he received an appointment to U.S. fleet. Recently, 61 retired Navy admirals, maritime training establishments that con- the Neptune Township Housing Authority. He including five former Chiefs of Naval Oper- stitute the true source of our total power. went on to fill a vacancy and get reelected ations, penned an open letter to Congress Of particular significance, the U.S. fleet twice to the Neptune Township Committee. In calling the commercial maritime infrastructure provides vessels and crews to meet U.S. secu- 1966, Harry was asked to fill a vacancy on the of the United StatesÐthe domestic vessel op- rity needs without requiring the Defense De- Board of Chosen Freeholders. His appoint- partment—and hence the taxpayer—to bear erators, shipyards, seafarers and others oper- the substantial costs of building, manning, ment to this position began what has become ating under the cabotage lawsÐthe true and maintaining a government fleet and lo- a legacy of public service. source of our maritime power. This is an ex- gistics capacity already provided by the pri- Over the years, Harry has been instrumental traordinary endorsement from the people who vate sector. in the progressive development of Monmouth know best. Repeal of the cabotage laws would result in a takeover of our domestic waterborne trans- County government. The county has a number This ``Dear Colleague'' sends an unmistak- able message to those who have spent the portation system by foreign companies. of distinguished facilities that can be attributed Those foreign companies could enjoy a sig- to Harry's dedication and insight, including an last year attempting to tear down the Jones nificant competitive advantage by: 1) operat- award-winning park system, the largest library Act and allow foreign ships into our domestic ing subsidized vessels (U.S. domestic fleet system in New Jersey, and the county-owned commerce. The Merchant Marine Panel's vessels are not subsidized); and 2) operating Brookdale Community College. commitment to America's cabotage laws is exempt from the American tax system, labor unanimous. Although those 14 membersÐ laws, safety statutes, environmental require- Harry's foresight allowed him to recognize Democrats and Republicans, liberals and con- ments and a host of other laws. Our mari- and develop a solution to the impending envi- servativesÐdisagree on many issues, there is time industry—as well as railroads, truckers, ronmental problems associated with garbage an absolute agreements on the importance of and others engaged in the competitive Amer- ican transportation business—should not be waste disposal in Monmouth County. Despite cabotage. We will continue to oppose any significant opposition, Harry championed the asked to compete here under a system that changes to these important laws. institutionalizes a capital and operating cost development of a county-owned landfill which A copy of the ``Dear Colleague'' letter is at- has improved the environment and generated advantage to foreign operators. The Amer- tached. Signers of the letter include Rep- ican government must not discriminate a recycling problem that became the model for resentative HERB BATEMAN, chairman of the against American business in this fashion. many programs around the State. Merchant Marine Panel; Representative GENE The cabotage laws promote the highest In 1995, Gov. Christine Todd Whitman ap- TAYLOR, ranking member of the panel; Rep- standards of marine safety and environ- mental protection in U.S. ports and water- pointed Harry to a seat on the prestigious New resentative DUNCAN HUNTER, chairman of the ways. These laws ensure that vessels moving Jersey Highway Authority. In addition, he has Subcommittee on Military Readiness; Rep- between U.S. ports comply with the full served the State as a member of the State resentative RON DELLUMS, ranking member of range of applicable environmental and safety Department of Civil Service Intergovernmental the full National Security Committee; Rep- laws, all of which are among the world’s Advisory Committee and as a former president resentative BOB CLEMENT, ranking member of highest. The U.S. Coast Guard’s ongoing of the New Jersey Association of Counties. the Coast Guard Subcommittee; Representa- ‘‘Port State Control’’ initiative, which aims to crack down on substandard foreign-flag Harry Larrison remains an active member of tive RANDY ``DUKE'' CUNNINGHAM; Representa- tive WILLIAM J. JEFFERSON; Representative vessels calling at U.S. ports, underscores the the Eagle Hook and Ladder Fire Company of important contribution made by the cabo- CURT WELDON; Representative JIM LONGLEY; Ocean Grove where he served as chief. He tage laws in preserving the health of our re- also is a member and former captain of the Representative BOB BORSKI; Representative sources-rich waters and coastlines. Ocean Grove First Aid Squad, a member of JOE SCARBOROUGH; Representative NEIL Finally, because of our cabotage laws, the the Neptune Township Citizens Advisory Com- ABERCROMBIE; Representative TILLIE K. FOWL- economic benefit of the U.S. domestic fleet mittee, a member of the Ocean Grove Ma- ER; Representative JIM SAXTON; Representa- is substantial. Our fleet pumps some $15 bil- lion into the nation’s economy annually, in- sonic Lodge No. 328, and Elks Lodge No. 128 tive PATRICK KENNEDY; Representative OWEN PICKETT; Representative DON YOUNG; Rep- cluding $4 billion in direct wages to the of Asbury Park. 124,000 American workers employed in the resentative JANE HARMAN; and Representative operation, construction, and repair of Jones Although Harry has dedicated much of his SUSAN MOLINARI. life to Monmouth County and the State of New Act vessels. Jones Act wages alone generate CABOTAGE LAWS PROVIDE IMPORTANT $1.4 billion in Federal and state tax revenues. Jersey, nothing is more important to him than NATIONAL BENEFITS Because the domestic fleet receives no oper- his family. I join his two daughters and two DEAR COLLEAGUE: Congress has always sup- ating or construction subsidies from the U.S. grandsons in thanking for his many years of ported the principle that vessels used to government, these benefits accrue to the na- dedication and service and wishing him all the transport cargo and passengers between U.S. tion at no expense to the federal government best for the future. ports should be built in the United States, or to the U.S. taxpayer. E558 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 1996 American cabotage laws greatly benefit but who we ought to be. I hope that we can SARAH L. WATSON-BLANDING the U.S. national security, economy, and continue to work in the spirit Jim Rouse in- natural environment and deserve our com- spired. mitted and continuing support. HON. EDOLPHUS TOWNS f OF NEW YORK f IN RECOGNITION OF DAN RIEDL’S IN THE HOUSE OF REPRESENTATIVES THE LEGACY OF JIM ROUSE ‘‘ANSWERING AMERICA’S CALL’’ Wednesday, April 17, 1996 WINNING COMPOSITION Mr. TOWNS. Mr. Speaker, I want to recog- HON. RICK LAZIO nize the contributions of one of Brooklyn's OF NEW YORK HON. MICHAEL G. OXLEY most committed community activists, Sarah L. IN THE HOUSE OF REPRESENTATIVES OF OHIO Watson-Blanding. Wednesday, April 17, 1996 IN THE HOUSE OF REPRESENTATIVES Sarah is a native of Cameron, SC, and the daughter of Mrs. Hester Bookhardt and Mr. Wednesday, April 17, 1996 Mr. LAZIO of New York. Mr. Speaker, when Richard Watson. After an early education from I decided last Wednesday that I wanted to Mr. OXLEY. Mr. Speaker, I want to take this Orangeburg, SC, schools, she graduated from come to the floor to speak about Jim Rouse, chance to recognize Daniel Riedl, the Ohio Claflin College with a major in Social Science I realized that there is a lot to talk about. Jim's State winner of the Voice of Democracy and a minor in Education. Sarah also did involvement in housing and community build- broadcast contest. This competition is spon- graduate work at New York University. ing spans seven decades and represents sored by the Veterans of Foreign Wars and its For the past 251¤2 years, Sarah Blanding some of the most important changes in how Ladies Auxiliary. has been an outstanding employee with the this country lives. Mr. Riedl exemplifies the civic and patriotic Department of Labor. For her work, Sarah re- Jim Rouse's legacy is enormous, but it is strength of much of today's youth. Mr. Riedl ceived both the Merit Award and the Julius more than creating the idea of a shopping recounts the story of his immigrant grandfather Shapiro Youth Award for the highest place- mall. It's more than a Presidential Medal of who came to this country and worked his way ment of youth in New York City. Freedom. It's more than his work for the Fed- through our educational system to earn his Sarah has continued her collegiate activism eral Housing Administration in its infancy dur- doctorate. His grandfather also defended this with the Zeta Phi Beta Sorority and the ing the Great Depression, when it played such country in World War II. The United States is NAACP. She is also an energetic member of an important part in Americans lives and the land of freedom, but it is also a land where the New Canaan Baptist Church and is pres- forged a new path for home finance. His leg- determined individuals use this blessing for a ently the president of the Brooklyn Alumni As- acy is more than the work he did for President greater good. Mr. Riedl's grandfather did this sociation of Claflin College. Sarah and her Eisenhower's task force on housing in 1953 or and Mr. Riedl continues this responsibility husband Jesse have one daughter, Renee, a for President Reagan's task force on private today. America is the land of opportunity, but graduate of Brown University who resides in housing in 1982. it would not be so if there were no people like Atlanta. Jim Rouse's legacy goes beyond places like the Riedls, who are willing to defend its ideals. I comment Sarah Watson-Blanding on her Columbia, MD, a town not far from this very I congratulate Daniel Riedl and his stirring ac- exceptional commitment and dedication to building where his vision of integrated, eco- count of freedom, responsibility, and sacrifice. youth and the Brooklyn community at large. nomically varied community of families took f f root. His legacy is more than the revitalized urban areas in Boston and Baltimore and TRIBUTE TO RICHARD LEROY PHARMACIST’S PATIENTS other cities across the country whose citizens LEHNER PROTECTION ACT OF 1996 owe him such a debt for his hard work and vi- sion of the healthy and vibrancy that their HON. DAVE CAMP HON. MICHAEL D. CRAPO neighborhoods and communities could regain. OF MICHIGAN OF IDAHO Jim Rouse's legacy goes beyond even the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Enterprise Foundation that he created in 1982 with his wife Patty and the goal of seeing that Wednesday, April 17, 1996 Wednesday, April 17, 1996 all low-income people in this country should Mr. CAMP. Mr. Speaker, it is with great Mr. CRAPO. Mr. Speaker, I rise today to in- have decent housing and an opportunity to pleasure I rise today to congratulate Comdr. troduce the Pharmacist's Patients Protection pull themselves out of poverty. Richard Leroy Lehner of Sumner, MI, on his Act of 1996. This legislation relates to an ev- Jim Rouse's most important legacy is his retirement as Michigan's State Commander of eryday common occurrence, namely getting a belief that we, as a Nation and as a national Foreign Wars. prescription filled at your local pharmacy. As community, cannot and will not abandon cities Mr. Lehner has a long and distinguished ca- we all know, when you go to your pharmacy and the families and people who live in them. reer with the Veterans of Foreign Wars, first for a prescription, the pharmacist not only of- We must embrace inner-city neighborhoods joining with the Mark Daniels V.F.W. Post fers to counsel you on how to take your medi- and work to improve their economies and to #1735 in 1986. After years of hard work, and cation safely and effectively, but the phar- renew their vibrancy. Jim Rouse believed in endless dedication, Richard was proudly elect- macist also provides detailed written informa- the importance of cities both as centers of ed as State commander on June 18, 1995. tion that is understandable and user friendly commerce and as a fundamental basis of His motto while State commander was ``One when the prescription is dispensed. what makes up our national identityÐour fun- Step Ahead'' which clearly represents not only Through the use of computer technology, damental American character. his personal commitment, but also the im- consumers routinely receive written informa- It's a proud and potent legacy. mense role he played in the progress and de- tion about prescription drugs from their phar- More than 10 years ago Jim Rouse said in velopment of the V.F.W. Under Mr. Lehner's macist in a variety of retail settings, such as an interview that ``we need to work from the leadership were 86,479 members in the State pharmacies located in supermarkets, chain neighborhoods, from the bottom up'' to create of Michigan with 431 posts, 14 districts, and drug stores and independent pharmacies. And the necessary systems to deal with low-in- 10 county councils. not only are pharmacists providing the infor- come families and poverty-stricken neighbor- Mr. Speaker, Richard Lehner's active partici- mation voluntarily, more importantly this writ- hoods. He was pursuing just that kind of pation in the V.F.W. and community has ten information is often specifically tailored to model when he died. His work in Baltimore's earned him the respect and admiration of the particular needs of the patient in order to Sandtown-Winchester community tried to ad- friends, family, and fellow community leaders. achieve the maximum benefit from the pre- dress all of the needs of a dysfunctional com- Richard's love of and dedication to this coun- scribed medication. munityÐhousing, education, health care, pub- try and the American veterans is clear. He has I applaud community pharmacists for their lic safety and employmentÐto create a com- consistently gone beyond what was expected dedication and commitment in this important munity based strategy. or required to achieve excellence. His reputa- area of patient education and information, but Mr. Speaker, this country was very fortu- tion as an honest, dedicated, hard-working apparently these voluntary efforts aren't good nate, not only to have had him a part of our public servant will serve as an example for enough for the Food and Drug Administration. national community, but to have had him play many years to come. I know you will join me Even though every survey conducted since such an important role in shaping our national in recognizing his achievements and wishing 1994 shows that patients routinely receive character and in defining not only who we are, him a satisfying retirement. written information on both new prescriptions April 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E559 and refills, FDA has decided that it wants to applauded. I am proud to represent a district the others ``the promise of a new tomorrow mandate this aspect of pharmacy practice and that includes people with such tremendous and he knew they needed someone to reach to restrict pharmacists so that only the infor- volunteer spirit, and I am pleased to recognize down and give them the opportunity to serve.'' mation that FDA deems appropriate is distrib- am Shalom's community leadership and to Ron Brown was truly one of a kind. uted to patients. praise the outstanding contributions of every The son of a hotel manager, Ron Brown In other words, FDA knows better than your participant in the April 28 Mitzvah Day. grew up in black America but bridged the gap personal physician and your pharmacist re- f between white and black from the earliest garding the information you should receive. years of his life. Attending white private And on top of this, FDA wants everybody to CONFERENCE REPORT ON H.R. 2854, schools, Brown went on to be the only African- get the same information, no matter whether FEDERAL AGRICULTURE IM- American in his class at Middlebury College, you are elderly, a young child, male, female or PROVEMENT AND REFORM ACT where he forged the desegregation of his fra- pregnant. OF 1996 ternity. He later attended St. John's University The cost of this particular FDA initiative, SPEECH OF Law School and subsequently worked as a called the Medguide Program will exceed prominent attorney in the largely white world $100 million each year to mandate what phar- HON. MICHAEL BILIRAKIS of law. After that, Ron Brown became the first macists are already doing voluntarily right OF FLORIDA African-American chairman of the Democratic now. FDA's Medguide Program is unneces- IN THE HOUSE OF REPRESENTATIVES National Committee. As former National Urban sary, very costly and is the wrong approach. Thursday, March 28, 1996 League chief John Jacob said, ``Ron could ac- Additionally, I should mention that FDA's Mr. BILIRAKIS. Mr. Speaker, I rise in sup- complish anything, because he didn't believe Medguide Program exceeds the agency's stat- port of the conference report for H.R. 2854, he coundn't do it. utory authority. While FDA does have legal the ``Agricultural Market Transition Act.'' This As Commerce Secretary, Ron Brown authority over the content of a drug manufac- measure reforms numerous laws affecting the worked tirelessly to promote our economic in- turer's labeling and advertising, FDA has no business of farmers, including dairy farmers. terests both here an around the globe. He authority whatsoever over the professional In modifying laws that pertain to dairy farmers, firmly believed that free, but fair trade was one practice of pharmacy. Standards of profes- H.R. 2854 has the effect of amending the of the best ways of advancing our country's sional practice, including patient care, counsel- Food Drug and Cosmetic Act [FFDCA] as it national interests as we move into the 21st ing and the dissemination of written informa- pertains to standards of identity and nutrition century. It was for this reason that Ron Brown tion to patients has always been and still are labeling requirements for fluid milk under milk enthusiastically led his mission to Bosnia. He the responsibility of state boards of phar- marketing orders. As Chairman of the Commit- believed that the untapped possibilities of the macyÐnot FDA. tee on Commerce Subcommittee on Health war-torn region held untold possibilities for the In summary, Mr. Speaker, the legislation I and Environment, I would like to note the juris- United States. am introducing will prohibit the FDA from dictional interest of both the full Committee I personally have had the pleasure of work- using any of its funding to implement its pro- and my Subcommittee in these modifications ing with Ron Brown on a number of occa- posed Medguide Program. of our country's dairy program. sions. Before his untimely death, he and I had We don't need this costly mandate from the Portions of the language in the conference been developing a unique initiative of sustain- FDA when the competitive retail pharmacy report regarding dairy programs supersede able development for my congressional dis- marketplace is making great strides in provid- certain provisions in the FFDCA by making trict. We both eagerly looked forward to har- ing consumers with meaningful, accurate and them inapplicable in some circumstances. The nessing the creative energy of public and pri- easily understood written information about FFDCA is a statute within the exclusive juris- vate enterprise to forget this new national prescription drugs. I urge my colleagues to co- diction of the Committee on Commerce. model. sponsor and support the Pharmacist's Patients Therefore, the amendment to the FFDCA in I don't believe a day has gone by since the Protection Act of 1996. Let's stop the mis- the conference report for H.R. 2854 is also tragic accident that I have not mourned what guides Medguide Program. within the exclusive jurisdiction of the Com- this country will miss without Ron Brown, and f merce Committee. In accordance with rule X the others aboard his plane. While the impor- of the rules of the House, I look forward to tant work of the Commerce Department will RECOGNITION OF CONGREGATION surely continue, America will never recapture AM SHALOM’S MITZVAH DAY continued exercise of our legislative jurisdic- tion in this area. the potential that traveled aboard that flight. f We can never replace the enormous possibili- HON. JOHN EDWARD PORTER ties that traveled with Ron Brown. OF ILLINOIS TRIBUTE TO RON BROWN f IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF OFFICER Wednesday, April 17, 1996 HON. SAM FARR KENNETH L. PONTIOUS OF CALIFORNIA Mr. PORTER. Mr. Speaker, I am pleased to rise today to recognize Congregation Am Sha- IN THE HOUSE OF REPRESENTATIVES HON. FORTNEY PETE STARK Wednesday, April 17, 1996 lom of Glencoe, a synagogue in the 10th Dis- OF CALIFORNIA trict of Illinois whose members are making a Mr. FARR of California. Mr. Speaker, it is IN THE HOUSE OF REPRESENTATIVES positive and wonderful contribution to our with great sadness that I rise today to salute Wednesday, April 17, 1996 community. a man who did more to advance U.S. eco- Congregation Am Shalom has designated nomic interests at home and abroad than any Mr. STARK. Mr. Speaker, today I would like Sunday, April 28, 1996, as a Mitzvah Day. In other in our nation's distinguished history. Ron to join my constituents in commemorating the the Jewish religion, a mitzvah is a command- Brown, whose other accomplishments include retirement of Officer Kenneth L. Pontious. Offi- ment to perform acts of kindness to others. revitalizing the Democratic party and advanc- cer Pontious is retiring after 28 years of serv- Mitzvah Day will be a voluntary, ing race relations in America, died tragically 2 ice to the community and citizens of Union congregationwide community service endeavor weeks ago on a trade mission in Bosnia. City. to reach out with philanthropic hearts and res- As Commerce Secretary, Brown was ac- During his 28 years of service, Officer olute hands to the surrounding community and companied by 34 other brave Americans, one Pontious has contributed to the Union City Po- to help people in all walks of life. of whom was my constituent. Adam Darling, a lice Department in many different capacities. As many as 1,000 Am Shalom volunteers 29-year Commerce Department assistant who He has served as a Motorcycle Patrol Officer. will take part in worthwhile projects on that offered to bike cross-country from his Santa In addition, he has worked as a Traffic Officer day, including repairing and painting homes, Cruz, California home to promote Bill Clinton's and a member of the Special Enforcement Re- delivering home-cooked meals to the home- 1992 presidential campaign, also lost his life sponse Team. bound and the elderly, taking children on out- on that terrible flight. I had the honor of salut- Officer Pontious has also assisted the com- ings, and cleaning up local parks. In all of ing Adam's life last Friday, along with the First munity as a School Resource Officer giving these ways, they will touch the lives of others. Lady, his family and friends at a touching me- his time directly to our young people. Finally, Mr. Speaker, Am Shalom's commitment to morial service. He will be sorely missed by all. Officer Pontious has worked as a Field Train- make a difference through these various Adam was on board, because as President ing Officer, Rangemaster and Police Explorer projects should not only be recognized, but Clinton put it, Ron Brown could see in him and Post Adviser. E560 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 1996 Therefore, Mr. Speaker, I come before you MEMORIALIZATION OF BRIG. GEN. returned to the United States. The 321st re- today celebrating with my constituents the ca- RICHARD J. DIRGINS, U.S. ARMY activated as an Air Force Reserve unit under reer of Officer Kenneth L. Pontious. I hope RESERVE CENTER 15th Air Force and designated the 321st Bom- bardment Group (Light) on March 31, 1946. It you and my colleagues will also join me in was again inactivated on June 27, 1949. congratulating him for his contribution to the HON. TODD TIAHRT The 321st reactivated at Pinecastle AFB, community. OF KANSAS Fla., under Second Air Force as the 321st IN THE HOUSE OF REPRESENTATIVES Bombardment Wing (Medium) Dec. 15, 1953. f The wing flew the B–47 strategic bomber and Wednesday, April 17, 1996 won the Fairchild Trophy in the 1957 Strate- IN MEMORY OF JOSE RIOS Mr. TIAHRT. Mr. Speaker, the first officially gic Air Command annual bombing, naviga- named U.S. Army Reserve center located out- tion and reconnaissance competition. During this period, the wing transferred from Sec- HON. RALPH M. HALL side of American territory will be dedicated in ond Air Force to the 6th Air Division under the memory of Brig. Gen. Richard J. Dirgins Eighth Air Force Jan. 1, 1959. With the OF TEXAS on April 19, 1995, in Schwetzingen, Germany. phase-out of the B–47, the unit deactivated IN THE HOUSE OF REPRESENTATIVES Dirgins, a native of Fairfield, CT, and an alum- again Oct. 25, 1961. On Nov. 1, 1964, the Air Force again acti- Wednesday, April 17, 1996 nus of Norwich University, Vermont, led the 7th Army Reserve Command for almost 7 vated the 321st, this time as the 321st Strate- Mr. HALL of Texas. Mr. Speaker, I rise years. The general died January 14, 1995, just gic Missile Wing. The Missile Wing found a home at Grand Forks Air Force Base and as- today to pay tribute to a young Texas heroÐ months after relinquishing command of the 7th Jose Rios, a 17-year-old who rescued a young signed to the 4th Strategic Aerospace Divi- ARCOM, which has 23 Army Reserve units in sion under Second Air Force. In 1965, the boy from a house fire before tragically losing Germany and Italy. Presently 11 of the com- 446th, 447th, and 448th Strategic Missile his own life during another heroic effort to mand's units are mobilized in support of Oper- Squadrons were activated. Together, they save the life of the boy's brother. ation Joint Endeavor. worked toward making the 321st the first There are no words to adequately express Dirgins's many years of service in the Army operational Minuteman II Intercontinental our sorrow when one so young, acting in such will be remembered in an outdoor ceremony at Ballistic Missile Wing in Strategic Air Com- a courageous manner, should be taken so Tompkins Barracks that will include the unveil- mand on Dec. 7, 1966. The 321st became the first unit to deploy the LGM–30F Minuteman tragically. To his family and friends in the ing of a bronze plaque and a portrait and the II Intercontinental Ballistic Missile. small community of Royse City, where he planting of a tree outside the building which In 1969, the wing won the Blanchard Tro- lived, he is a genuine hero. And as is common will bear his name. phy for excellence during the annual SAC in small communities across America when f missile combat competition, becoming the tragedy strikes, the citizens of Royse City only wing in the Air Force to win top awards have united in their efforts to help the families 321ST MISSILE GROUP, GRAND for both bombardment and missile excel- of the victims and to make sure that Jose Rios FORKS AFB, ND lence. The 321st Strategic Missile Wing won will forever be remembered for his selfless act the Blanchard Trophy again in 1969, 1974, and 1987. of courage. HON. ROBERT K. DORNAN From 1970 until 1988, the wing fell under Early in the morning of February 20, 1996, OF CALIFORNIA Fifteenth Air Force’s 57th Air Division, and a fire broke out from a space heater in the IN THE HOUSE OF REPRESENTATIVES later the 4th Air Division. Between 1971 and 1973, the wing changed weapons systems bedroom shared by 11-year-old Aron Carreon Wednesday, April 17, 1996 and his 7-year-old brother, Ramon. Jose ob- turning over Minuteman II’s for Minuteman served the fire coming from his neighbors' Mr. DORNAN. Mr. Speaker, I rise today to III’s. pay tribute to the dedicated young men and After 18 years with Fifteenth Air Force, house and rushed over to help. He broke the 321st Strategic Missile Wing was reas- through the bedroom window and carried the women of the U.S. Air Force 321st Missile Group at Grand Forks, ND. The 321st, com- signed to the Eighth Air Force when the 42nd wheelchair-bound Ramon to safety, apparently Air Division came to Grand Forks Air Force with the assistance of Ramon's brother, Aron. manded by Col. Robert P. Summers, is cur- Base June 16, 1988. Under the Eighth Air Without stopping to think of his own safety, rently undergoing a very stressful but highly Force, the 321st Organizational Missile Main- Jose rushed back into the burning house in an successful realignment of Minuteman III inter- tenance Squadron received the Air Force effort to save Aron, but he was overtaken by continental ballistic missiles [ICBM's] while at Outstanding Unit Award from 1988 through 1990. Strategic Air Command also selected smoke. Rescue efforts by the local fire depart- the same time maintaining an active nuclear deterrent force. Despite the apparent end to the 448th Strategic Missile Squadron as the ment ended in vain. Both Jose and Aron died ICBM Operational Squadron of the Year for of smoke inhalation. the cold war, recent tensions with mainland China and elsewhere in the world clearly dem- 1990. Jose was a student at Royse City High On Sept. 1, 1991 during a reorganization, onstrate the need to maintain a reliable and School. Principal Ruth Cherry said, ``He's a the 321st was redesignated the 321st Missile effective ground-based nuclear deterrent force. hero. He helped a lot of the students who are Wing and assigned under the newly reac- Colonel Summers and everyone in his com- tivated Twentieth Air Force with the inac- new from Mexico. We'll miss him. I'm so mand are to be commended for their personal tivation of the 42nd Air Division. Then on happy to have known him.'' Aron was a stu- sacrifice, professionalism, and dedication to- June 1, 1992, the 321st Missile Wing became dent at Royse City Elementary School, where wards ensuring we have the best nuclear de- assigned to the newly formed Air Combat Principal Gary Evers described him as a Command. While in the Air Combat Com- terrent in the world both today and tomorrow. ``wonderful boy'' who was respected and loved mand, the 321st continued a tradition of ex- I am including for my colleagues a copy of the by everyone. cellence when in 1992 Air Combat Command mission statement, values, and strategic goals Royse City has been deeply moved by this named the 447th, ICBM Missile Squadron of for the 321st Missile Group, as well as a unit the Year. act of courage and by the premature deaths of history. Again, to Colonel Summers and every- On May 1, 1993, Detachment 3, 37th Air these two young boys. The story was carried one in the 321stÐjob well done. And may Rescue Squadron was redesignated as the in area newspapers. A memorial fund was es- none of us ever forget the 321st motto: ``Glob- 79th Rescue Flight. The change realigned the tablished. There are plans for a permanent al Power for Peace.'' bases HH–1H Huey helicopters, pilots, and support personnel under direct control of the memorial. Jose Rios deserves this recognition, 321ST MISSILE GROUP HISTORY Mr. Speaker, and he deserves our respect. So 321st Operations Group commander. Serving in defense of its country, the 321st Further changes in the Air Force resulted as we adjourn today, I would like to ask my Missile Group has undergone a comprehen- with the 321st Missile Wing being realigned colleagues to join me in paying tribute to this sive hardware metamorphosis over the past from Air Combat Command to Air Force courageous young Texan, Jose Rios, and to 40 years. The development of the 321st Mis- Space Command on July 1, 1993. The missile his young neighbor, Aaron Carreon, who died sile Group began June 26, 1942, as the 321st wing’s move transferred the daily manage- along with him. They will be missed by all Bombardment Group (Medium); assigned ment of the Air Force’s land-based inter- those in Royse City who knew and loved under Twelfth Air Force. The group flew B– continental ballistic missiles to a command them. 25 Mitchell bombers in the Mediterranean familiar with missile and rocket technology. theater from March 7, 1943, to September 12, On Nov. 1, 1993, the 321st Organizational And they will be remembered. Jose Rios will 1945. For their flying accomplishments the Missile Maintenance Squadron earned the be remembered as a genuine hero, one who group was awarded two Distinguished Unit Air Force Space Command Maintenance Ef- gave his life to save the life of another. Mr. Citations. The group was later deactivated fectiveness Award, and later went on to win Speaker, Jose Rios is a hero for all times. September 12, 1945, at Pomigliano, Italy, and the award at the Air Force level. April 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E561 The 321st Missile Wing was redesignated Foster a quality improvement culture. He was an Army veteran of World War II. the 321st Missile Group on July 1, 1994, due to f Memorial contributions may be made to a command-level reorganization. On 12 Au- Hear My Voice. Protecting Our Nation’s gust 1994, Security Police from the 321st Mis- PERSONAL EXPLANATION Children, P.O. Box 314, 2138 Broad Ripple sile Group placed third out of eleven teams Ave., Indianapolis 46220. during the 1994 Peacekeeper Security Police Survivors: children Toni Macri-Reiner, Competition. In November, the 321st under- HON. LUIS V. GUTIERREZ Gina Hayden, Victor, Katelyn Macri, went its first 20th Air Force Combat Capabil- OF ILLINOIS Giovanna Macri-Russell; sisters Vera ity Assessment under the revised inspection IN THE HOUSE OF REPRESENTATIVES Agostino, Ida DeBlase; brother Joseph Macri; system. The 321st did well with particularly Wednesday, April 17, 1996 nine grandchildren; three great-grand- high marks by the Codes and Pneudraulics children. flights, Operations Support Squadron Secu- Mr. GUTIERREZ. Mr. Speaker, at the end of f rity Police, and with all Missile Combat the afternoon of Tuesday, April 16, 1996, I Crews passing evaluations. was unavoidably absent from this Chamber SALUTE TO THE U.S. BUREAU OF On April 4, 1995, the 321st Missile Group and therefore missed rollcall vote No. 120Ð RECLAMATION AND THE SALT welcomed a group of Russian inspectors as deploring individuals who deny the historical RIVER PROJECT one of the first Strategic Arms Reduction reality of the Holocaust and commending the Treaty (START) inspection took place. The inspection was a multilateral arms control vital, ongoing work of the U.S. Holocaust Me- HON. BOB STUMP treaty between the United States and succes- morial Museum and rollcall vote No. 119Ðto OF ARIZONA sor states to the former Soviet Union. The amend the Internal Revenue Code of 1986 to IN THE HOUSE OF REPRESENTATIVES inspection marked a significant day in the provide for increased taxpayer protections. I Wednesday, April 17, 1996 history of Grand Forks Air Force Base. want the RECORD to show that if I had the op- Mr. STUMP. Mr. Speaker, today I rise to sa- On July 7, 1995, the 321st Missile Group portunity to be in this Chamber when these lute the U.S. Bureau of Reclamation and the dedicated the headquarters building in honor votes were cast, I would have voted ``yea'' for Salt River Project [SRP] for their historic com- of the first commander of the 321st, Briga- both rollcall vote No. 120 and rollcall vote No. dier General Robert D. Knapp. The dedica- mitment to secure water resources for the 119. tion was in conjunction with a 321st Associa- economic vitality of central Arizona. tion Reunion, and the annual ‘‘Friends and f These two organizations worked together at Neighbors Day.’’ Twentieth Air Force Com- TRIBUTE TO JOHN MACRI the turn of this century to build the Theodore mander Major General Robert Parker pre- Roosevelt Dam, located about 80 miles north- sided over the 321st Association Banquet as 321st veterans and retirees were honored. HON. ANDREW JACOBS, JR. east of what is today downtown Phoenix. On April 12, SRP and the Bureau, along with the In 1995, the 321st Missile Group was di- OF INDIANA rected to realign its Minuteman III force, Flood Control District of Maricopa County, a IN THE HOUSE OF REPRESENTATIVES and now has a dual mission. Its mission now coalition of six Phoenix-area cities and the is to both operate, maintain and secure com- Wednesday, April 17, 1996 Tonto National Forest, will rededicate Roo- bat-ready ICBM forces for the National Com- Mr. JACOBS. Mr. Speaker, surely in God's sevelt Dam. Over the last 5 years, these par- mand Authority; while at the same time, eyes greatness is measured mostly by kind- ties have worked together to add 77 vertical safely and securely transfer its alert respon- feet to Roosevelt Dam, providing for flood con- sibilities to the 341st Missile Wing at ness. By that measure John Macri was one of Malmstrom AFB, Montana. The mission re- the greatest of God's children ever to live. trol and safety of dam storage as well as addi- alignment involves the transfer of 120 mis- His restaurant, the Italian Village, was not tional water conservation storage. siles to Malmstrom, and 30 missiles to the only a landmark in Indianapolis, but an institu- This $430 million reclamation safety of Ogden Air Logistics Center, Utah. This proc- tion and a legend as well. dams project, the largest in the Nation, will ess started in October 1995 and is expected to Few serve humanity better than res- provide the metropolitan Phoenix area with ad- take three years to complete. taurateurs. They provide not only food and ditional water-storage capacity and a greater OUR MISSION drink, but very special occasions especially for margin of safety from natural disasters like Professional Warriors Operating, Main- those who have to count their pennies and earthquakes and flooding. taining, And Securing Combat Ready ICBM save up for the proverbial night outÐno cook- On this historic occasion, I would like to re- Forces For the National Command Author- ing and no dishes to wash. view the background for this important Federal ity. Indianapolis mourns his death and cele- legislation. On the morning of June 5, 1976, OUR VALUES brates his wonderfully kind and generous life. Teton Dam, built in a steep-walled canyon 40 Integrity—Commit to truth, morality, and [From the Indianapolis Star, Mar. 30, 1996] miles northwest of Idaho Falls, ID, failed. honesty in all that you do. SILVO JOHN MACRI, RESTAURANT OWNER AND Thousands of farms and homes were washed Courage—Physical, moral, and mental NUMEROLOGIST away. Eleven people died. More than $400 bravery to make the right decision. Competence—Strive to be an expert. Services for Silvo John Macri, 70, Indian- million of property damage was done. Tenacity—Stubborn persistence to mis- apolis, retired owner of Italian Village Res- Though nothing could compensate for the sion. taurant and numerologist, will be April 2 at destruction and pain caused by the Teton Service—Dedicated to a higher purpose and 1 p.m. in Flanner & Buchanan Broad Ripply Dam failure, this disaster did result in a thor- to customer satisfaction. Mortuary and at 3 p.m. in Sacred Heart ough review of all Bureau of Reclamation Patriotism—Sacrifice for greater good and Catholic Church. Calling will be from noon dams. That review led to the 1978 Federal do what is best for our most important cus- to 8 p.m. April 1 in the mortuary. He died March 26. Reclamation Safety of Dam Act. In its original tomer. form, the legislation appropriated $100 million Teamwork—Respect and commitment to Mr. Macri owned and operated the res- each other, above self in mission. taurant 43 years, retiring in 1994. When the to modify dams needing repair. By 1983, the Loyalty—Faithful allegiance to yourself, restaurant was located in Carmel, it was estimated cost to repair a select group of to each other and the mission. called The Macri Family Italian Village. dams had risen to $650 million. Pride—Take delight in both your actions He was a professional numerologist for Throughout the early 1980's, many in Con- and the actions of your teammates. thousands of people, including pianist gress argued persuasively for that $650 million Self-Discipline—Display and require the Liberace, mentalist the Amazing Kreskin appropriation for the dams needed repair in correct pattern of behavior at all times. and actress Rita Moreno. Mr. Macri was an instructor of numerology and held work- their States. Through their hard work, they Openness—Willingness to listen and con- succeeded in convincing skeptical colleagues sider the views of others. shops throughout the country. He also co- hosted the John and Jan Show of WIFE radio that the repairs were indeed needed and that OUR KEY RESULT AREAS in 1980–81. local entities would pay their fair share. The KRA 1—reliable weapon system. He founded Realities Inc., PSI Inc., Percep- principle of cost-sharing with local entities was KRA 2—mission ready people. tions Inc., A course in Miracles Central Indi- introduced and codified in reclamation law. KRA 3—safe practices. ana study group and The Seven Inc. He co- KRA 4—secure weapons system. In Arizona, most of the dam modifications founded Indianapolis Meals on Wheels and called for in the Safety of Dams Act have OUR STRATEGIC GOALS Indiana Growth Center. He was a charter been completed, and without question, they Maximize our ICBM combat capability. board member of Indianapolis for Free Uni- Enhance safety and nuclear surety. versity and a council member of Unity and have demonstrably improved the quality of life Embrace our environmental responsibility. Indianapolis Diversity. in central Arizona, which was subject to raging Practice a healthy lifestyle. He was the author of Message of the Num- floods in 1978, 1980, and 1993. These modi- Nurture professional development. bers. fications do not mean that Arizona will never E562 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 1996 again face flooding or other natural disasters. I rise today to congratulate the members of administrators using financial spreadsheets But the modifications have added an extra the Rotary Club of New Britain, CT, as they with their own economic interests at heart. measure of safety to life in the Valley of the celebrate their 75th anniversary. And most importantly, we must preserve the Sun. It was on April 20, 1921, that Leon Sprague, fundamental core of successful health careÐ At a time when Government-built dams are the Rotary's organizer and charter president, the strong doctor-patient relationship. the target of criticism by some, I am encour- brought into being the first local organization Unfortunately, with the growth of managed aged that my colleagues in the House, and in of professional, industrial, and business ex- care and the power of large insurance compa- the State and local government, have not lost ecutives to serve the community. From the nies, serious problems are developing which, sight of the many benefits that flow from multi- very beginning, the members of the Rotary in my view, threaten the doctor-patient rela- purpose projects like the Theodore Roosevelt Club of New Britain have committed them- tionship. Dam. selves to their creed, ``service above self,'' by Many HMO's use what are essentially ``free- f generously providing the community with time, for-denying-service'' systems, which pay doc- money, and unselfish service in the important tors for denying care and penalize them for CONGRATULATIONS TO THE TOWN fields of education, orphanages, hospitals, providing it. Doctors under some plans lose up OF ALTON, NH civic amenities, and scholarships to needy stu- to 50 cents of compensation for every dollar dents. I am so proud of the men and women they order spent on emergency care. And ac- HON. WILLIAM H. ZELIFF, JR. of the Rotary who work tirelessly to assure cording to a Mathematica Policy Research OF NEW HAMPSHIRE that needs of citizens are met. study, 60 percent of managed care plans in IN THE HOUSE OF REPRESENTATIVES Today, I congratulate the Rotary Club of this country currently place their providers at some financial risk for the cost of patient care. Wednesday, April 17, 1996 New Britain on its anniversary and I commend its members on their dedication and lasting This places doctors in very difficult situations, Mr. ZELIFF. Mr. Speaker, let me extend my contributions. as they are asked to base their decisions on sincerest congratulations to the town of Alton, f criteria that is contrary to what they were NH, as it celebrates its bicentennial anniver- taught and swore to uphold. sary on June 16, 1996. It is a pleasure to PERSONAL EXPLANATION You would have to be patently insane to commemorate such a milestone event and sign on with an HMO you know is going to recognize this New Hampshire village. HON. JERRY WELLER pay your doctor not to treat you. So some in- The people of Alton have preserved the OF ILLINOIS surance companies are taking steps to make town's historic past and traditions. Located on IN THE HOUSE OF REPRESENTATIVES sure you don't know what they are doing. the southern tip of Lake Winnipesaukee, the They keep their incentive plans secret from town of Alton offers a pristine and unmatched Wednesday, April 17, 1996 their customers, and in many cases keep both beauty that attracts both residents and visitors Mr. WELLER. Mr. Speaker, on rollcall No. patients and doctors in the dark about the for- of New Hampshire to this area. Whether it is 110, H.R. 956, conference report on product li- mulas used to approve or deny coverage. the shores of Lake Winnipesaukee or the sur- ability reform, while I was present on the floor Therefore, doctors and consumers signing on rounding mountains, Alton offers unlimited en- and inserted my voting card, it appears that do not know what they are getting themselves joyment for all people throughout the year. my vote was not recorded. I do want to note into, and insurers are free to make arbitrary Alton's original town limits consisted of sec- that I voted in favor of H.R. 956 when it origi- decisions without outside scrutiny. tions from: New Durham, Gilmanton, Gilford, nally passed the House. Further, many HMO contracts contain bla- and Wolfeboro. Over the years Alton has de- f tant gag rules that tell doctors what they can veloped into seven neighborhoods: Alton Vil- and cannot say to their patients. Last year, for lage, South Alton, East Alton, West Alton, INTRODUCTION OF THE HIPPO- example, Kaiser Permanente of Ohio told its Alton Bay, Alton Mountain, and The Gore. CRATIC OATH AND PATIENT doctors not to discuss any possible treatments These seven boroughs have established their PROTECTION ACT OF 1996 with patients before checking with the compa- own identity, while strengthening and propel- ny's consultants. ling the town of Alton into a leading New HON. BERNARD SANDERS These outrageous clauses strike at the Hampshire community. OF VERMONT heart of informed consent and health care eth- Once known as New Durham Gore, Alton IN THE HOUSE OF REPRESENTATIVES icsÐsomeone considering an operation should have all the relevant information to make their established the traditional town meeting format Wednesday, April 17, 1996 of government that is still being practiced decision, and doctors must be able to provide today. It is refreshing to be associated with Mr. SANDERS. Mr. Speaker, I would like to that information. people, such as the Alton residents, who have say a few words about disturbing trends in These problems are serious enough that not forgotten their past and traditions. contemporary health care, and to discuss H.R. Massachusetts has already passed a law ban- I have had the opportunity to work with the 3222, The Hippocratic Oath and Patient Pro- ning gag rules, while New York and several people of Alton on many different occasions tection Act of 1996, which I introduced to halt other State legislatures are considering bills to over the years. Most recently, I visited to those trends and protect strong doctor-patient deal with these issues. Before recess, I intro- evaluate the damage caused by the devastat- relationships. duced legislation that will take three steps to ing dam break. After this visit I have come to Mr. Speaker, more and more doctors and preserve strong doctor-patient relationships. fully understand the love, generosity, and big- patients are enrolled with managed care and My bill has already been endorsed by Con- heartedness of this town. I commend their HMO's. The Wall Street Journal reports on the sumers Union, the American Nurses Associa- independence, character, dedication, and mu- financial success of HMO's by stating it has tion, the Vermont Psychological Association, tual respect for one another. left them ``so awash in cash they don't know the American Psychological Association, the Allow me to wish the town of Alton a happy what to do with it all.'' National Medical Association, and the Gray bicentennial, and I appreciate the opportunity U.S. Healthcare, for example, is a major, Panthers. to be included in its celebration. It is an honor corporate HMO with 2.4 million members. It First, my legislation will ban outright incen- to represent the town of Alton in the U.S. Con- makes $1 million a day in profits. Is CEO, tives to deny appropriate care, and ensure gress. Leonard Abramson, walked away from his safeguards are installed so doctors are not f company's recent merger with Aetna with a placed at substantial financial risk for patient personal profit of nearly $1 billion. care. NEW BRITAIN ROTARY CLUB Clearly, there is a built-in conflict between a Second, my bill prohibits gag rules and ANNIVERSARY for-profit HMO and the needs of a patient. The other interference in doctors' communications less money spent on providing care for the pa- regarding patient care. It is the only legislation HON. NANCY L. JOHNSON tient, the more money the company makes. that safeguards doctors' communications with OF CONNECTICUT It's that simple. their colleagues and the public as well as their IN THE HOUSE OF REPRESENTATIVES Obviously, Mr. Speaker, we must all work to patients. control health care costs. However, we must Third, to ensure neither doctors nor patients Wednesday, April 17, 1996 also ensure that health care decisions are are kept in the dark about what their insurer Mrs. JOHNSON of Connecticut. Mr. Speak- made by doctors using medical rationale with is doing, my legislation provides for open, hon- er, it is with great pride and appreciation that their patients' interests at heart, not insurance est discussion of practices key to patient care April 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E563 by requiring disclosure of utilization review member Ron BrownÐfreedom fighter, social Ron Brown won my heart by requiring his procedures, financial incentives for providers, servant, patriot, dream-maker . . . A monu- entire department staff to memorize a one- and all services and benefits offered under the ment to his success is opening the door for sentence mission statement that ought to be health plan. coming generations.'' We must always hold a the mission statement of every person in gov- That disclosure may be half the battle, be- special place in our hearts for Ron Brown. ernment, and that sentence was: ``Our mission cause I think no insurance executive will be Ron was truly a man for all seasons who we is to ensure economic opportunity for every willing to stand up and defend these out- will sorely miss. Thank you, Ron, for all you've American.'' rageous practices once they are out in the done. We love you, brother. Ron Brown, having achieved the American open. f dream for himself, spent the rest of his life f TRIBUTE TO THE LATE seeking to make it a reality for those bound over by poverty and despair. His life stands as TRIBUTE TO THE LATE HONORABLE RON BROWN a testament to the power of educating our HONORABLE RON BROWN SPEECH OF people, to a sound work ethic meaning a will-

SPEECH OF ingness to work hard, and a dedication of our- HON. NICK J. RAHALL II selves to work for the common good of all. HON. RONALD V. DELLUMS OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES In West Virginia, Ron will be remembered OF CALIFORNIA more for local economic development projects IN THE HOUSE OF REPRESENTATIVES Tuesday, April 16, 1996 through the Economic Development Adminis- Tuesday, April 16, 1996 Mr. RAHALL. Mr. Speaker, people from all tration [EDA], and the Office of Economic Ad- walks of life, professional, personal, reli- justment perhaps, then for his global view on Mr. DELLUMS. Mr. Speaker, I rise to pay giousÐfriends, colleagues and strangers trade initiatives between the United States and tribute to a dear friend, a visionary, a dream- alikeÐfound themselves binding together over the rest of the world. He was a friend of towns maker, and trailblazer; the Honorable Ronald the past 2 weeks in mourning the loss of Ron and cities large and small throughout the Na- H. Brown. Although I am deeply saddened by Brown, U.S. Secretary of Commerce, who tion, and became the catalyst for change in his sudden passing, I am inspired and encour- died tragically in a plane crash in Bosnia. As social and economic circles that were long aged by the legacy Ron has left for all citizens could be expected, Ron was lost to us while overdue, by reminding American capitalists of the United States. Ron Brown was not only on a mission of peace as he sought to repair that their prosperity was inextricably linked to a personal friend, but a friend of our country. the fabric of war-torn Bosnia. the prosperity of all Americans. Elected the first African American Chairman Today, in honor of his memory, I would like Whether Ron was in an American city, the of the Democratic National Committee, he uti- to add my voice to those of hundreds of thou- Middle East, or Bosnia, he believed that par- lized his experience and successes, in reunit- sandsÐperhaps millionsÐof others who ticipation in economic success would go a ing the Democratic Party and ensuring a vic- spoke of Ron Brown the man, the husband, long way in healing racial, ethnic, and religious tory for President Clinton. the father, the friend of Democrats, the be- differences. As the first African American Secretary of loved advisor to President Clinton. Commerce, Ron not only pursued the expan- I begin by extending my personal condo- Secretary Brown ran the Commerce Com- sion of American trade opportunities, but also lences to his wife, Alma and their children, mittee like no other Secretary before himÐby sought to extend the American Dream to im- and to the families and friends of all others actively involving businesses in securing jobs prove the quality of life for all people through- who gave their lives as well, and to assure for Americans. He took a page from the in- out the world. His vision for the Department of them that they are in my thoughts and my vestment strategy book of the Japanese Gov- Commerce included providing economic op- prayers; may they be comforted by God's love ernment whose economic growth excelled for portunities for all Americans, opening and ex- and the outpouring of grief, love, and the many years because of the direct involvement panding markets globally, and generating jobs many tributes coming from people throughout of government in the Japanese business com- through his national export strategy which al- the world. munity, issuing a challenge to America's eco- lows U.S. companiesÐbig and smallÐto I also convey condolences to the family and nomic thinking. maximize their export potential. In addition, he friends of William Morton, a native of Hunting- Ron Brown learned from that, and he ac- wanted to ensure an enhanced technology ton, WV, located in the district I represent, knowledged the power and importance of base and infrastructure and utilization and who was also aboard the doomed plane over businesses great and small in the United growth for the Information Superhighway. In Croatia. To them I extend my deepest sym- States, and encouraged greater investment in doing so, he transformed America into an ex- pathies and offer my prayers on their behalf business and industry, rather than ignoring port superpower, creating over $80 billion in that will always be comforted knowing that them as his predecessors had done. Under foreign agreements for U.S. businesses. A William died on a mission of peace, as a pa- his stewardship, the American economy re- champion of civil rights, he fought for diversity triot of his country, doing the job he was com- bounded over the past 3 years, largely due to within the Department, as well as increased mitted to doing and doing well, at the side of his personal involvement and the involvement opportunities for minority-owned businesses. his mentor, Secretary Brown. of his department staff who had memorized Ron was a trailblazer. The list of accom- I pay particular tribute to Ron Brown, Sec- the one-sentence mission statement: ``Our plishments which inspires not only African retary of Commerce, for while he excelled in mission is to ensure economic opportunity for Americans, but all working men, women, and all aspects of every endeavor or job or posi- every American.'' minorities is commendable. He, as Dr. Martin tion he ever held in public life, it was as Sec- Luther King, Jr., was an effective communica- retary of Commerce that he won my everlast- Ron Brown was many things to many peo- tor, a passionate civil rights advocate, keen ing admiration and esteem. ple, and he was remembered as having great political strategist, skilled negotiator, and com- As the Representative in the House of the charisma, of being able to walk into a room passionate bridge builder. A man of action, people of the third district in West Virginia, and energize it, drawing people to his side. He Ron Brown not only dreamt, but more impor- one of my major goals is to do all that is pos- was known for his sense of compassion, his tantly, realized his dreams for himself and oth- sible to increase economic development op- willingness to listen to both sides. He was also ers. portunities and the job creation that follows known for his sense of humor and, needless I will personally miss our heart to heart con- such incentives, for my people. We live in the to say, for his outstanding political acumen, versations and political discussions, Ron's en- heart of Appalachia where unemployment in and his ability to make friends anywhere and thusiasm for life, and most of all, his infectious some areas still remains in double-digits, and everywhere he went, working on behalf of the smile. where economic development is integral to our America he loved. As my friend, the Reverend Jesse Jackson effort to create a stronger, stable economic That is Secretary Brown's legacy to us all, so eloquently described him, ``We must re- base for all West Virginians. and we must not forget. E564 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 1996 SENATE COMMITTEE MEETINGS Small Business APRIL 25 To hold hearings to examine issues af- 9:00 a.m. Title IV of Senate Resolution 4, fecting home-based business owners. agreed to by the Senate on February 4, Indian Affairs SR–428A To hold joint hearings with the House 1977, calls for establishment of a sys- 11:00 a.m. Committee on Resources on S. 1264, to tem for a computerized schedule of all Foreign Relations provide for certain benefits of the Mis- meetings and hearings of Senate com- To hold hearings on the nominations of souri River Basin Pick-Sloan Project mittees, subcommittees, joint commit- Prudence Bushnell, of Virginia, to be to the Crow Creek Sioux Tribe. tees, and committees of conference. Ambassador to the Republic of Kenya, SR–485 This title requires all such committees Charles O. Cecil, of California, to be 9:30 a.m. to notify the Office of the Senate Daily Ambassador to the Republic of Niger, Energy and Natural Resources David C. Halsted, of Vermont, to be Parks, Historic Preservation and Recre- Digest—designated by the Rules Com- ation Subcommittee mittee—of the time, place, and purpose Ambassador to the Republic of Chad, Morris N. Hughes, Jr., of Nebraska, to To hold hearings on S. 902, to authorize of the meetings, when scheduled, and the Secretary of the Interior to assist be Ambassador to the Republic of Bu- in the construction of a building to be any cancellations or changes in the rundi, Tibor P. Nagy, Jr., of Texas, to meetings as they occur. used jointly by the Secretary for park be Ambassador to the Republic of purposes and by the city of Natchez as As an additional procedure along Guinea, Dane Farnsworth Smith, Jr., with the computerization of this infor- an intermodal transportation center, of New Mexico, to be Ambassador to S. 951, to commemorate the service of mation, the Office of the Senate Daily the Republic of Senegal, George F. First Ladies Jacqueline Kennedy and Digest will prepare this information for Ward, Jr., of Virginia, to be Ambas- Patricia Nixon to improving and main- printing in the Extensions of Remarks sador to the Republic of Namibia, and taining the Executive Residence of the section of the CONGRESSIONAL RECORD Sharon P. Wilkinson, of New York, to President and to authorize grants to on Monday and Wednesday of each be Ambassador to Burkina Faso. the White House Endowment Fund in week. SD–419 their memory to continue their work, Meetings scheduled for Thursday, S. 1098, to establish the Midway Islands APRIL 24 as a National Memorial, H.R. 826, to ex- April 18, 1996, may be found in the tend the deadline for the completion of Daily Digest of today’s RECORD. 9:00 a.m. Select on Intelligence certain land exchanges involving the To resume hearings on the roles and ca- Big Thicket National Preserve in MEETINGS SCHEDULED Texas, and H.R. 1163, to authorize the pabilities of the United States intel- exchange of National Park Service land ligence community. APRIL 19 in the Fire Island National Seashore in SD–106 1:30 p.m. the State of New York for land in the 9:30 a.m. Indian Affairs Village of Patchogue, Suffolk County, Appropriations To continue hearings on the President’s New York. Interior Subcommittee proposed budget request for fiscal year SD–366 1997 for Indian programs. To hold hearings on proposed budget es- SR–485 timates for fiscal year 1997 for the U.S. APRIL 30 Forest Service. 9:30 a.m. APRIL 23 SD–138 Appropriations Commerce, Science, and Transportation 9:00 a.m. VA, HUD, and Independent Agencies Sub- Science, Technology, and Space Sub- Indian Affairs committee committee Business meeting, to consider pending To hold hearings on proposed budget es- calendar business. To hold hearings to examine distance timates for fiscal year 1997 for the Fed- SR–485 learning, and on S. 1278, to establish an eral Emergency Management Agency. 9:30 a.m. education satellite loan guarantee pro- SD–192 Commerce, Science, and Transportation gram for communications among edu- Consumer Affairs, Foreign Commerce, and cation, Federal, State, and local insti- MAY 1 Tourism Subcommittee tutions and agencies and instructional 9:30 a.m. To hold hearings on proposed legislation and educational resource providers. Rules and Administration authorizing funds for the Consumer SR–253 To resume hearings on issues with regard Product Safety Commission. Energy and Natural Resources to the Government Printing Office. SR–253 Business meeting, to consider pending SR–301 Energy and Natural Resources calendar business. 2:30 p.m. Forests and Public Land Management Sub- SD–366 Commerce, Science, and Transportation committee Environment and Public Works Aviation Subcommittee To hold hearings on S. 1401, to amend the To continue hearings on S. 1285, to reau- To hold hearings to examine airport rev- Surface Mining Control and Reclama- thorize and amend the Comprehensive enue diversion. tion Act of 1977 to minimize duplica- Environmental Recovery, Compensa- SR–253 tion in regulatory programs and to tion, and Liability Act of 1980 MAY 3 give States exclusive responsibility (Superfund), as modified by S. Amdt. under approved States program for per- 3563, in the nature of a substitute. 9:30 a.m. mitting and enforcement of the provi- SD–406 Appropriations sions of that Act with respect to sur- 10:00 a.m. VA, HUD, and Independent Agencies Sub- face coal mining and reclamation oper- Appropriations committee To hold hearings on proposed budget es- ations. Defense Subcommittee timates for fiscal year 1997 for the De- SD–366 To hold hearings on proposed budget es- Environment and Public Works partment of Veterans Affairs. timates for fiscal year 1997 for the De- To hold hearings on S. 1285, to reauthor- SD–192 partment of Defense, focusing on Army ize and amend the Comprehensive En- programs. vironmental Recovery, Compensation, MAY 8 SD–192 and Liability Act of 1980 (Superfund), 10:00 a.m. 2:00 p.m. as modified by S. Amdt. 3563, in the na- Veterans’ Affairs Judiciary ture of a substitute. To hold hearings to examine the reform SD–406 Administrative Oversight and the Courts of health care priorities. Special on Aging Subcommittee SR–418 To hold hearings to examine issues relat- To hold hearings to examine the need for 2:00 p.m. ing to Alzheimer’s Disease. additional bankruptcy judgeships and Appropriations SD–106 the role of the U.S. trustee system. VA, HUD, and Independent Agencies Sub- 10:00 a.m. SD–226 committee Judiciary Veterans’ Affairs To hold hearings on proposed budget es- To hold hearings on a proposed constitu- To hold hearings on the President’s pro- timates for fiscal year 1997 for the De- tional amendment to establish a bill of posed budget for fiscal year 1997 for partment of Housing and Urban Devel- rights for crime victims. veterans programs. opment. SD–226 SR–418 SD–192 April 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E565 Appropriations MAY 17 SEPTEMBER 17 Treasury, Postal Service, and General Gov- 9:30 a.m. 9:30 a.m. ernment Subcommittee Appropriations Veterans’ Affairs To hold hearings on proposed budget es- VA, HUD, and Independent Agencies Sub- To hold joint hearings with the House timates for fiscal year 1997 for the In- committee Committee on Veterans’ Affairs to re- ternal Revenue Service, Department of To hold hearings on proposed budget es- view the legislative recommendations the Treasury. timates for fiscal year 1997 for the Cor- of the American Legion. SD–138 poration for National and Community 334 Cannon Building Service. MAY 15 SD–192 2:00 p.m. MAY 24 POSTPONEMENTS Appropriations 9:30 a.m. VA, HUD, and Independent Agencies Sub- APRIL 25 committee Appropriations 9:30 a.m. To hold hearings on proposed budget es- VA, HUD, and Independent Agencies Sub- committee Commerce, Science, and Transportation timates for fiscal year 1997 for the Na- To hold hearings on proposed budget es- To hold hearings on proposed legislation tional Aeronautics and Space Adminis- timates for fiscal year 1997 for the En- authorizing funds for the Federal Trade tration. vironmental Protection Agency. Commission. SD–192 SD–192 SR–253 Wednesday, April 17, 1996 Daily Digest

HIGHLIGHTS Senate agreed to Terrorism Prevention Act Conference Report. Senate ment to get a wiretap when a subject uses many dif- Chamber Action ferent phones and thereby thwarts surveillance. Routine Proceedings, pages S3417–S3501 Pages S3435±38 Measures Introduced: Three bills and three resolu- By 64 yeas to 35 nays (Vote No. 66), Senate ta- tions were introduced, as follows: S. 1679–1681, S. bled a motion to recommit the conference report Res. 246 and 247, and S. Con. Res. 52. Page S3487 with instructions to strike the provision relating to habeas corpus. Pages S3438±43, S3446±48 Measures Passed: By 51 yeas to 48 nays (Vote No. 67), Senate ta- Tribute to Secretary Brown and Others: Senate bled a motion to recommit the conference report agreed to S. Res. 241, in tribute to Secretary of with instructions that provisions be included to pro- Commerce Ronald H. Brown and other Americans hibit the distribution of information on how to who lost their lives on April 3, 1996, while in serv- make explosives for criminal use. Pages S3448±50 ice to their country on a mission to Bosnia. By 56 yeas to 43 nays (Vote No. 68), Senate ta- Pages S3417±18 bled a motion to recommit the conference report Whitewater Investigation Extension: Senate with instructions to include provisions giving law agreed to S. Res. 246, to authorize the use of addi- enforcement the authority to get an emergency wire- tional funds for salaries and expenses of the Special tap in cases involving terrorist conspiracies. Committee to Investigate Whitewater Development Pages S3454±60 corporation and Related Matters. Pages S3450±54 By 56 yeas to 43 nays (Vote No. 69), Senate ta- bled a motion to recommit the conference report Terrorism Prevention Act—Conference Report: with instructions to add a provision allowing for By 91 yeas to 8 nays (Vote No. 71), Senate agreed emergency wiretaps in cases involving terrorist con- to the conference report on S. 735, to deter terror- spiracies. Pages S3466±75 ism, provide justice for victims, and provide for an effective death penalty. By 53 yeas to 46 nays (Vote No. 70), Senate ta- bled a motion to recommit the conference report Pages S3427±43, S3446±50, S3454±78 with instructions to eliminate the provision provid- During consideration of this measure today, Senate ing for a study on Federal law enforcement. also took the following action: By 61 yeas to 38 nays (Vote No. 63), Senate ta- Pages S3468±75 bled a motion to recommit the conference report Whitewater Investigation Extension—Cloture with instructions to make certain modifications to Votes Vitiated: By unanimous-consent, the votes asylum provisions. Pages S3427±31, S3434 scheduled on the motions to proceed to the consider- By 53 yeas to 47 nays (Vote No. 64), Senate ta- ation of S. Res. 227, to authorize the use of addi- bled a motion to recommit the conference report tional funds for salaries and expenses of the Special with instructions to increase the statute of limita- Committee to Investigate Whitewater Development tions for Firearms Act offenses from 3 years to 5 Corporation and Related Matters, were vitiated. years. Pages S3432±35 Page S3450 By 58 yeas to 40 nays (Vote No. 65), Senate ta- Health Insurance Reform Act—Agreement: A bled a motion to recommit the conference report unanimous-consent agreement was reached providing with instructions to include a provision to allow for for the consideration of S. 1028, to provide increased multi-point wiretaps which would allow law enforce- access to health care benefits, to provide increased D322 April 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D323 portability of health care benefits, to provide in- creased security of health care benefits, and to in- Committee Meetings crease the purchasing power of individuals and small (Committees not listed did not meet) employers, on Thursday, April 18, 1996. Page S3499 Appointments: APPROPRIATIONS—DEFENSE Migratory Bird Conservation Commission: The Committee on Appropriations: Subcommittee on Defense Chair, on behalf of the Vice President, pursuant to held hearings on proposed budget estimates for fiscal Public Law 70–770, appointed Senator Breaux to the year 1997 for the Department of Defense, focusing Migratory Bird Conservation Commission, vice Sen- on Air Force programs, receiving testimony from Sheila E. Widnall, Secretary of the Air Force; and ator Pryor. Page S3478 Gen. Ronald R. Fogleman, Chief of Air Force Staff. Messages From the President: Senate received the Subcommittee will meet again on Wednesday, following messages from the President of the United April 24. States: Transmitting the report of the National Endow- APPROPRIATIONS—INDIAN PROGRAMS ment for the Humanities for calendar year 1995; re- Committee on Appropriations: Subcommittee on the In- ferred to the Committee on Labor and Human Re- terior held hearings on proposed budget estimates sources. (PM–138). Page S3485 for fiscal year 1997, receiving testimony in behalf of Transmitting the report on Alaska’s Mineral Re- funds for their respective activities from Ada E. sources for calendar year 1995; referred to the Com- Deer, Assistant Secretary of the Interior for Indian mittee on Energy and Natural Resources. (PM–139). Affairs; and Harold Monteau, Chairman, National Indian Gaming Commission. Page S3485 Subcommittee will meet again on Wednesday, Nominations Received: Senate received the follow- April 24. ing nominations: John W. Hechinger, Sr., of the District of Colum- APPROPRIATIONS—TREASURY bia, to be a Member of the National Security Edu- Committee on Appropriations: Subcommittee on Treas- cation Board for a term of four years. ury, Postal Service and General Government held 1 Army nomination in the rank of general. hearings on proposed budget estimates for fiscal year Page S3501 1997, receiving testimony in behalf of funds for their respective activities from James E. Johnson, As- Messages From the President: Page S3485 sistant Secretary for Enforcement, Stanley E. Morris, Messages From the House: Pages S3485±86 Director, Office of Financial Crimes Enforcement Measures Referred: Page S3486 Network, Charles F. Rinkevich, Director, Federal Law Enforcement Training Center, John W. Magaw, Measures Placed on Calendar: Page S3486 Director, Bureau of Alcohol, Tobacco and Firearms, Communications: Pages S3486±87 George J. Weise, Commissioner, and Michael H. Lane, Deputy Commissioner, both of the United Executive Reports of Committees: Page S3487 States Customs Service, and Eljay B. Bowron, Direc- Statements on Introduced Bills: Pages S3487±90 tor, United States Secret Service, all of the Depart- Additional Cosponsors: Pages S3490±91 ment of the Treasury. Subcommittee will meet again on Wednesday, Amendments Submitted: Pages S3492±93 May 8. Authority for Committees: Pages S3493±94 DEFENSE PRIVATIZATION Additional Statements: Pages S3494±99 Committee on Armed Services: Subcommittee on Readi- Record Votes: Nine record votes were taken today. ness held hearings to examine the privatization of (Total–71) Department of Defense depot maintenance and other Pages S3434±35, S3438, S3447±48, S3450, S3460, S3475, commercial activities, receiving testimony from John S3477 P. White, Deputy Secretary of Defense; Gen. Henry Adjournment: Senate convened at 9:15 a.m., and Viccellio, USAF, Commander, Air Force Materiel adjourned at 7:23 p.m., until 9:30 a.m., on Thurs- Command; and David Warren, Director, and Julia day, April 18, 1996. (For Senate’s program, see the Denman, Assistant Director, both of Defense Man- remarks of the Acting Majority Leader in today’s agement Issues, and John Brosnan, Assistant General Record on page S3499.) Counsel, all of the General Accounting Office. Subcommittee recessed subject to call. D324 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 1996

BUSINESS MEETING S. 295, to allow employers and employees to meet Committee on Banking, Housing, and Urban Affairs: together to address issues of mutual interest as long Committee met and began consideration of a com- as their organizations do not engage in collective mittee resolution to authorize the Committee on bargaining; and Banking, Housing, and Urban Affairs to conduct an The nominations of C. E. Abramson, of Montana, investigation of Madison Guaranty Savings and Loan to be a Member of the National Commission on Li- Association and related matters, but did not com- braries and Information Science, Robert B. Rogers, plete action thereon. of Missouri, to be a Member of the Board of Direc- tors of the Corporation for National and Community NATIONAL PARKS Service, Elmer B. Staats, of the District of Columbia, Committee on Energy and Natural Resources: Sub- to be a Member of the Board of Trustees of the committee on Parks, Historic Preservation and Harry S Truman Scholarship Foundation, David A. Recreation concluded hearings on S. 695, to provide Ucko, of Missouri, and Alberta Sebolt George, of for the establishment of the Tallgrass Prairie Na- Massachusetts, both to be Members of the National tional Preserve in Kansas, and S. 1476, to establish Museum Services Board, Ronnie Feuerstein Heyman, the Boston Harbor Islands National Recreation Area, of New York, and Terry Evans, of Kansas, both to after receiving testimony from Senators Kennedy, be Members of the National Council on the Arts, Kassebaum, and Kerry; Representatives Moakley, and Audrey Tayse Haynes, of Kentucky, Mary Dodd Studds, Roberts, Meyers, and Torkildsen; Roger G. Greene, of Texas, Mark Edwin Emblidge, of Vir- Kennedy, Director, National Park Service, Depart- ginia, and Toni G. Fay, of New Jersey, each to be ment of the Interior; former Kansas Governor John a Member of the National Institute for Literacy Ad- Michael Hayden, Alexandria, Virginia; Trudy Coxe, visory Board. Commonwealth of Massachusetts Office of Environ- CAMPAIGN FINANCE REFORM mental Affairs, Cathleen Douglas Stone, City of Bos- ton Environmental Services Cabinet, Peter Meade, Committee on Rules and Administration: Committee re- The New England Council, and William L. Lahey, sumed hearings on proposals to amend the Federal Palmer & Dodge, on behalf of the Greater Boston Election Campaign Act of 1971 to provide for a vol- Chamber of Commerce, all of Boston, Massachusetts; untary system of spending limits and partial public Paul Duffendack, National Park Trust, Kansas City, financing of Senate primary and general election Missouri; Chuck Magathan, on behalf of the Chase campaigns, to limit contributions by multicandidate County Farm Bureau, Chase County Livestock Asso- political committees, and to reform the financing of ciation, and Kansas Grassroots Association, and Lee Federal elections and Senate campaigns, receiving Fowler, both of Cottonwood Falls, Kansas; John Sam testimony from Haley Barbour, Chairman, Repub- Sapiel and Gary McCann, both of Falmouth, Massa- lican National Committee; Donald L. Fowler, Na- chusetts, both on behalf of the Muhheconneuk Inter- tional Chairman, Democratic National Committee; tribal Committee on Deer Island; and William J. James J. Brady, Association of State Democratic Chandler, National Parks and Conservation Associa- Chairs, Washington, D.C.; and Robert T. Bennett, tion, Washington, D.C. Republican State Central and Executive Committee PARENTAL RIGHTS AND of Ohio, Columbus. RESPONSIBILITIES ACT Hearings were recessed subject to call. Committee on the Judiciary: Subcommittee on Admin- INDIAN PROGRAMS istrative Oversight and the Courts approved for full Committee on Indian Affairs: Committee held over- committee consideration, with an amendment in the sight hearings on the President’s proposed budget nature of a substitute, S. 984, to protect the fun- request for fiscal year 1997 for Indian programs, re- damental right of a parent to direct the upbringing ceiving testimony from Henry G. Cisneros, Secretary of a child. of Housing and Urban Development; and Josephine BUSINESS MEETING Nieves, Associate Assistant Secretary of Labor for Employment and Training. Committee on Labor and Human Resources: Committee Hearings continue tomorrow. ordered favorably reported the following business items: INTELLIGENCE S. 969, to require health insurers to allow new Select Committee on Intelligence: Committee held closed mothers and their infants to remain in the hospital hearings on intelligence matters, receiving testimony for a minimum of 48 hours after a normal birth and from officials of the intelligence community. 96 hours after a caesarean delivery, with an amend- Committee will meet again on Wednesday, April ment in the nature of a substitute; 24. April 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D325 House of Representatives age interest rate on fifty-two week Treasury securi- Chamber Action ties sold to the public. Page H3535 Bills Introduced: 9 public bills, H.R. 3258–3266, Rejected: and 1 resolution, H. Con. Res. 163, were intro- The Smith of Michigan amendment that sought duced. Pages H3580±81 to limit off-budget treatment of Transportation Reports Filed: Reports were filed as follows: Trust Funds to amounts generated after enactment; H. Res. 405, waiving points of order against the Pages H3537±38 conference report to accompany the bill (S. 735) to The Minge amendment that sought to require prevent and punish acts of terrorism (H. Rept. that the Highway Trust Fund be moved back on- 104–522); and budget if any funds are earmarked for specific high- H. R. 3107, to impose sanctions on persons ex- way construction projects (rejected by a recorded porting certain goods or technology that would en- vote of 129 ayes to 298 noes, Roll No. 121); and hance Iran’s ability to explore for, extract, refine, or Pages H3538±45 transport by pipeline petroleum resources, amended The Royce amendment that sought to prohibit (H. Rept. 104–523 Part 1). Page H3580 the financing of transportation programs from gen- eral revenue funds. Pages H3545±46 Speaker Pro Tempore: Read a letter from the Speaker wherein he designates Representative Withdrawn: Gillmor to act as Speaker pro tempore for today. The Smith of Michigan amendment was offered, but subsequently withdrawn, that sought to require Page H3493 the Highway Trust Fund to reimburse the general Committees to Sit: The following committees and fund for any interest payments previously credited to their subcommittees received permission to sit today the trust fund for highway and mass transit projects. during proceedings of the House under the five- Pages H3536±37 minute rule: Committees on Agriculture, Banking H. Res. 396, the rule under which the bill was and Financial Services, Economic and Educational considered, was agreed to earlier by a voice vote. Opportunities, International Relations, Judiciary, Pages H3497±H3504 Resources, Science, Small Business, Transportation and Infrastructure, Veterans’ Affairs, and Select In- Presidential Messages: Read the following message from the President: telligence. Page H3497 Alaska’s Mineral Resources; Message wherein he Administrative Accountability: It was made in transmits the 1995 Annual Report on Alaska’s Min- order that, H. Res. 368, providing for consideration eral Resources—referred to the Committee on Re- of H.R. 994, to require the periodic review and sources; and Page H3548 automatic termination of Federal regulations, was National Endowment for the Humanities: Message laid on the table. Page H3497 wherein he transmits the 1995 Annual Report of the Transportation Trust Funds: By a recorded vote of National Endowment for the Humanities—referred 284 ayes to 143 nays, Roll No. 122, the House to the Committee on Economic and Educational Op- passed H.R. 842, to provide off-budget treatment for portunities. Page H3548 the Highway Trust Fund, the Airport and Airway Senate Messages: Message received from the Senate Trust Fund, the Inland Waterways Trust Fund, and today appears on page H3493. the Harbor Maintenance Trust Fund. Pages H3504±47 Agreed to the Committee amendment in the na- Amendments Ordered Printed: Amendments or- dered printed pursuant to the rule appear on pages ture of a substitute. Page H3546 H3581–82. Agreed To: The Shuster amendment that subjects budgetary Quorum Calls—Votes: Two recorded votes devel- treatment of the Transportation Trust Funds to pro- oped during the proceedings of the House today and visions of the Line Item Veto Act of 1996; and appear on pages H3544–45 and H3547. There were Pages H3533±35 no quorum calls. The Oberstar amendment that limits interest Adjournment: Met at 11 a.m. and adjourned at credited to Transportation Trust Funds to the aver- 8:35 p.m. D326 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 1996 Barry McCaffrey, USA, Director, Office of National Committee Meetings Drug Control Policy; and George Weise, Commis- AGRICULTURE, RURAL DEVELOPMENT, sioner of Customs, Department of the Treasury. FDA AND RELATED AGENCIES VETERANS’ AFFAIRS, HUD AND APPROPRIATIONS INDEPENDENT AGENCIES Committee on Appropriations: Subcommittee on Agri- APPROPRIATIONS culture, Rural Development, Food and Drug Admin- Committee on Appropriations: Subcommittee on Veter- istration, and Related Agencies continued appropria- ans’ Affairs, Housing and Urban Development and tion hearings. Testimony was heard from Members Independent Agencies held a hearing on the EPA. of Congress and public witnesses. Testimony was heard from Carol M. Browner, Ad- COMMERCE, JUSTICE, STATE, AND ministrator, EPA. JUDICIARY APPROPRIATIONS OVERSIGHT Committee on Appropriations: Subcommittee on Com- Committee on Banking and Financial Services: Sub- merce, Justice, State, and the Judiciary held a hear- committee on Capital Markets, Securities and Gov- ing on the Legal Services Corporation. Testimony ernment Sponsored Enterprises held an oversight was heard from the following officials of the Legal hearing on the Federal National Mortgage Associa- Services Corporation: Douglas S. Eakeley, Chairman, tion (Fannie Mae) and the Federal Home Loan Mort- Board of Directors; Nancy Hardin Rogers, Vice gage Corporation (Freddie Mac). Testimony was Chair, Board of Directors; and Alexander D. Forger, heard from the following officials of the Department President. of Housing and Urban Development: Nicholas P. The Subcommittee also continued appropriation Retsinas, Assistant Secretary, Housing; and Aida Al- hearings. Testimony was heard from public wit- varez, Director, Office of Federal Housing Enterprise nesses. Oversight; Leland C. Brendsel, Chairman and CEO, INTERIOR APPROPRIATIONS Freddie Mac; and James A. Johnson, Chairman and CEO, Fannie Mae. Committee on Appropriations: Subcommittee on Interior continued appropriation hearings. Testimony was ECONOMIC AND BUDGET OUTLOOK heard from Members of Congress. Committee on the Budget: Held a hearing on the Eco- LABOR—HHS—EDUCATION nomic and Budget Outlook. Testimony was heard APPROPRIATIONS from June E. O’Neill, Director, CBO. Committee on Appropriations: Subcommittee on Labor, SMALL BUSINESS OSHA RELIEF ACT Health and Human Services, and Education held a Committee on Economic and Educational Opportunities: hearing on Postsecondary Education, on Educational Subcommittee on Workforce Protections approved Research and Improvement and Libraries and on Vo- for full Committee action amended H.R. 3234, cational and Adult Education. Testimony was heard Small Business OSHA Relief Act of 1996. from the following officials of the Department of CONGRATULATING PEOPLE OF SIERRA Education: David A. Longanecker, Assistant Sec- LEONE; DEMOCRATIC ELECTIONS: MYTH retary, Postsecondary Education; Sharon P. Robinson, OR REALITY IN AFRICA? Assistant Secretary, Educational Research and Im- provement; and Patricia W. McNeil, Acting Assist- Committee on International Relations: Subcommittee on ant Secretary, Vocational and Adult Education. Africa approved for full Committee action H. Con. Res. 160, congratulating the people of the Republic NATIONAL SECURITY APPROPRIATIONS of Sierra Leone on the success of their recent demo- Committee on Appropriations: Subcommittee on Na- cratic multiparty elections. tional Security held a hearing on Ballistic Missile The Subcommittee also held a hearing on Demo- Defense. Testimony was heard from Lt. Gen. Mal- cratic Elections: Myth or Reality in Africa? Testi- colm R. O’Neill, USA, Director, Ballistic Missile mony was heard from George Moose, Assistant Sec- Defense Organization, Department of Defense. retary, African Affairs, Department of State; and TREASURY, POSTAL SERVICE, AND public witnesses. GENERAL GOVERNMENT APPROPRIATIONS SECURITY IN NORTHEAST ASIA Committee on Appropriations: Subcommittee on Treas- Committee on International Relations: Subcommittee on ury, Postal Service, and General Government held a Asia and the Pacific held a hearing on Security in hearing on Anti-Drug Strategies and on Customs Northeast Asia: From Okinawa to the DMZ. Testi- Drug Interdiction. Testimony was heard from Gen. mony was heard from public witnesses. April 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D327 OFFICE OF GOVERNMENT ETHICS NASA AUTHORIZATION AUTHORIZATION Committee on Science: Subcommittee on Space and Aer- Committee on the Judiciary: Subcommittee on the Con- onautics held a hearing on the fiscal year 1997 stitution approved for full Committee action H.R. NASA Authorization. Testimony was heard from the 3235, to amend the Ethics in Government Act of following officials of the NASA: Richard J. 1978, to extend the authorization of appropriations Wisniewski, Deputy Associate Administrator, Office for the Office of Government Ethics for 3 years. of Space Flight; Col. Gary Payton, USAF (Ret.) Di- rector, Space Transportation Division; Anneila Sar- MANDATORY FEDERAL PRISON DRUG gent, Chair, NASA Space Science Advisory Commit- TREATMENT ACT tee; Wilbur C. Trafton, Associate Administrator, Of- Committee on the Judiciary: Subcommittee on Crime fice of Space Flight; and Dan Tam, Space Station approved for full Committee action amended H.R. Business Manager; and public witnesses. 2650, Mandatory Federal Prison Drug Treatment Act of 1995. KEMP COMMISSION RECOMMENDATIONS Committee on Small Business: Held a meeting on the OVERSIGHT—FUNDING PROGRAMS TO Kemp Commission recommendations. Testimony PROTECT ENDANGERED SPECIES was heard from the following officials of the Na- Committee on Resources: Held an oversight hearing on tional Commission on Economic Growth and Tax funding programs to protect Endangered Species. Reform: Jack Kemp, Chairman; Jack Fris and Shirley Testimony was heard from Mollie Beattie, Director, D. Peterson, both Commissioners. Fish and Wildlife Service, Department of the Inte- rior; the following officials of the Department of De- PAYMENT OF STIPENDS TO BIDDERS fense; Sherri W. Goodman, Deputy Under Secretary, Committee on Transportation and Infrastructure: Sub- Environmental Security; and Maj. Gen. Stanley G. committee on Public Buildings and Economic De- Genega, USA, Director, Civil Works, Corps of Engi- velopment held a hearing on the payment of sti- neers, Department of the Army; Rolland Schmitten, pends to bidders relating to the construction of Fed- Director, National Marine Fisheries Service, NOAA, eral buildings under the Public Buildings Act of Department of Commerce; Jack Ward Thomas, 1959. Testimony was heard from Representative Chief, Power Service, USDA; Jack Robertson, Dep- Davis; the following officials of the GSA: Ida Ustad, uty Administrator, Bonneville Power Administra- Deputy Associate Administrator, Office of Acquisi- tion, Department of Energy; and public witnesses. tion Policy; and David Eakin, Program Manager, Design-Build, Office of Property Development; and CONFERENCE REPORT—ANTITERRORISM public witnesses. AND EFFECTIVE DEATH PENALTY ACT Committee on Rules: Granted, by voice vote, a rule VETERANS LEGISLATION waiving all points of order against the conference re- Committee on Veterans’ Affairs: Subcommittee on Com- port to accompany S. 735, Antiterrorism and Effec- pensation, Pension, Insurance and Memorial Affairs tive Death Penalty Act of 1996, and against its con- approved for full Committee action the following sideration. Testimony was heard from Chairman bills: H.R. 2843, amended, Veterans’ Insurance Re- Hyde and Representatives Barr of Georgia and Con- form Act of 1996; H.R. 2850, to amend title 38, yers. United States Code, to clarify the eligibility of cer- tain minors for burial in national cemeteries; H.R. DEPARTMENT OF ENERGY BUDGET 1483, to amend title 38, United States Code, to AUTHORIZATIONS allow revision of veterans benefits decisions based on Committee on Science: Subcommittee on Energy and clear and unmistakable error; and H.R. 3248, Veter- Environment held a hearing on Department of Ener- ans’ Programs Amendments of 1996. gy’s Energy Efficiency and Renewable Energy and Fossil Energy Programs fiscal year 1997 budget au- DISSEMINATION, BRIEFING—UPDATE ON thorization. Testimony was heard from the following NORTH KOREA officials of the Department of Energy: Christine A. Permanent Select Committee on Intelligence: Met in execu- Ervin, Assistant Secretary, Energy Efficiency and Re- tive session to hold a hearing on Dissemination. Tes- newable Energy; and Patricia Fry Godley, Assistant timony was heard from departmental witnesses. Secretary, Fossil Energy; Allen Li, Associate Director, The Committee also met in executive session to Energy Resources and Sciences Issues, GAO; and hold a briefing on Update on North Korea. The public witnesses. Committee was briefed by departmental witnesses. D328 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 1996 COMMITTEE MEETINGS FOR THURSDAY, tion, and Related Agencies, on Congressional and public APRIL 18, 1996 witnesses, 1 p.m., 2362A Rayburn. Subcommittee on Commerce, Justice, State, and Judici- (Committee meetings are open unless otherwise indicated) ary, on public witnesses 10 a.m., and on U.S. Sentencing Senate Commission, the State Justice Institute and on the U.S. Parole Commission, 2 p.m., H–310 Rayburn. Committee on Appropriations, Subcommittee on Agri- Subcommittee on Foreign Operations, Export Financ- culture, Rural Development, and Related Agencies, to ing and Related Programs, on the Secretary of the Treas- hold hearings on proposed budget estimates for fiscal year ury, 10 a.m., 2360 Rayburn. 1997 for the Department of Agriculture, focusing on nat- Subcommittee on Labor, Health and Human Services, ural resources and the environment, 10 a.m., SD–138. and Education, on the Secretary of Health and Human Committee on Armed Services, closed business meeting, to Services, 10 a.m., and on the Director of the National In- mark up S. 1635, to establish a United States policy for stitutes of Health, 1:30 p.m., 2358 Rayburn. the deployment of a national missile defense system, 5 Subcommittee on National Security, executive, on In- p.m., SR–222. telligence Programs, 10 a.m. and 1:30 p.m., H–140 Cap- Committee on the Budget, to hold hearings to review the itol. Congressional Budget Office’s economic and budget out- Subcommittee on Transportation, on the Secretary of look for fiscal years 1997 through 2006, 10 a.m., Transportation, 10 a.m., 2358 Rayburn. SD–608. Subcommittee on Treasury, Postal Service, and General Committee on Commerce, Science, and Transportation, to re- Government, on the GSA, 9 a.m., B–307 Rayburn. sume hearings to examine Spectrum’s use and manage- Subcommittee on Veterans’ Affairs, Housing and ment, 9:30 a.m., SR–253. Urban Development and Independent Agencies, on Committee on Energy and Natural Resources, to hold over- Consumer Product Safety Commission, 10 a.m., the sight hearings on the Tongass National Forest draft land Consumer Information Center, 2 p.m., and on the Office management plan, 9:30 a.m., SD–366. of Consumer Affairs, 3 p.m., H–143 Capitol. Committee on Foreign Relations, Subcommittee on Inter- Committee on Banking and Financial Services, Subcommit- national Economic Policy, Export and Trade Promotion, tee on Capital Markets, Securities and Government Spon- to resume hearings to examine the impact of balance the sored Enterprises, hearing on H.R. 2981, Entrepreneurial Federal budget on the United States trade deficit, 10 Investment Act of 1996, 10 a.m., 2128 Rayburn. a.m., SD–419. Committee on Economic and Educational Opportunities, Sub- Full Committee, to hold hearings on the nominations of committee on Employer-Employee Relations, hearing on Kenneth C. Brill, of California, to be Ambassador to the mandatory assessment of union dues, 9:30 a.m., 2175 Republic of Cyprus, Christopher Robert Hill, of Rhode Rayburn. Island, to be Ambassador to The Former Yugoslav Re- Committee on Government Reform and Oversight, public of Macedonia, Richard L. Morningstar, of Massa- Subcomittee on Government Management, Information, chusetts, for the rank of Ambassador during his tenure of and Technology, to mark up the following bills: H.R. service as Special Advisor to the President and to the Sec- 2521, Statistical Consolidation Act of 1995; and H.R. retary of State on Assistance to the New Independent 3184, Single Audit Act Amendments of 1996, 9:30 a.m., States (NIS) of the Former Soviet Union and Coordinator 2154 Rayburn. of NIS Assistance, and Day Olin Mount, of Virginia, a Subcommittee on Human Resources and Intergovern- Career Member of the Senior Foreign Service, Class of mental Relations, hearing to examine the characteristics Minister-Counseler, to be Ambassador to the Republic of of effective job training programs, 10 a.m., 2247 Ray- Iceland., 2 p.m., SD–419. burn. Committee on Governmental Affairs, business meeting, to Committee on International Relations, Subcommittee on consider pending calendar business, 9:30 a.m., SD–342. Asia and the Pacific and the Subcommittee on Inter- Committee on the Judiciary, business meeting, to consider national Economic Policy and Trade, joint hearing on pending calendar business, 10 a.m., SD–226. Economic Opportunities and Pitfalls in South Asia, 1:30 Committee on Small Business, to hold hearings on small p.m., 2200 Rayburn. business and employee involvement, focusing on the Committee on the Judiciary, Subcommittee on the Con- TEAM Act proposal (S. 295), 9:30 a.m., SR–428A. stitution, hearing on H.R. 351, Bilingual Voting Re- Committee on Indian Affairs, to continue hearings on the quirements Repeal Act, 9:30 a.m., 2226 Rayburn. President’s proposed budget request for fiscal year 1997 Subcommittee on Crime, hearing on telemarketing for Indian programs, 1:30 p.m., SR–485. fraud and the victimization of the elderly, focusing on NOTICE H.R. 1499, Consumer Fraud Prevention Act of 1995, 9:30 a.m., 2237 Rayburn. For a listing of Senate Committee Meetings sched- Committee on Resources, oversight hearing on Federal uled ahead, see pages E564–65 in today’s Record. Management and Policies on Federal Lands: State Legisla- tors’ Perspective, 2 p.m., 1334 Longworth. House Subcommittee on Fisheries, Wildlife and Oceans, to Committee on Appropriations, Subcommittee on Agri- mark up the following bills: H.R. 2823, International culture, Rural Development, Food and Drug Administra- Dolphin Conservation Program Act; H.R. 2909, Silvio O. April 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D329

Conte National Fish and Wildlife Eminent Domain Pre- ure to direct the Secretary of the Interior to convey prop- vention Act; and H.R. 2982, Carbon Hill National Fish erty in New Mexico to the Carlstad Irrigation District, Hatchery Conveyance Act, 10 a.m., 1334 Longworth. 1 p.m., 1324 Longworth. Subcommittee on National Parks, Forests and Lands, to Committee on Science, hearing on H.R. 3060, Antarctic mark up the following bills: H.R. 810, Revolutionary Environmental Protection Act of 1996, 9:30 a.m., 2318 War and War of 1812 Historic Preservation Study Act Rayburn. of 1995; H.R. 848, to increase the amount authorized to Subcommittee on Technology, hearing on FAA Re- be appropriated for assistance for highway relocation re- search, Engineering and Development fiscal year 1997 garding Chickamauga and Chattanooga National Military Authorization and Management Reform, 1:30 p.m., 2325 Park in Georgia; H.R. 970, to improve the administra- Rayburn. tion of the Women’s Right National Historical Park in Committee on Small Business, Subcommittee on Govern- the State of New York; H.R. 1179, Historically Black ment Programs, hearing on H.R. 2806, Venture Capital Colleges and Universities Historic Building Restoration Marketing Association Charter Act, 10 a.m., 239 Ray- and Preservation Act; H.R. 2466, to improve the process burn. for land exchanges for the Forest Service and the Bureau Committee on Standards of Official Conduct, executive, to of Land Management; H.R. 2941, to improve the quan- consider pending business, 2 p.m., HT–2M Capitol. tity and quality of the quarters of land management Committee on Veterans’ Affairs, Subcommittee on Edu- agency field employees; H.R. 2028, Federal Land Man- cation, Training, Employment and Housing, hearing on agement Agency Concession Reform Act of 1995; and the following: H.R. 2851, to amend title 38, United H.R. 194, to direct the Secretary of the Interior to make States Code, to provide for approval of enrollment in matching contributions toward the purchase of the Ster- courses offered at certain branches or extensions of propri- ling Forest in the State of New York, 9 a.m., 1324 Long- etary profit institutions of higher learning in operation worth. for more than two years; H.R. 2868, to amend title 38, Subcommittee on Water and Power Resources, over- United States Code, to make permanent alternative teach- sight hearing on Results/Status Report of Administrative er certification programs; and a measure HVRP–VETS process on Central Valley Project Improvement Act (CVPIA) Implementation; and to hold a hearing on the Homeless programs and the Transition Assistance Pro- following: H.R. 2392, to amend the Umatilla Basin gram (TAP), 9 a.m., 334 Cannon. Project Act to establish boundaries for irrigation districts Committee on Ways and Means, Subcommittee on Health, within the Umatilla Basin; H.R. 2781, to authorize the hearing on Long-Term Care Options, 10 a.m., 1100 Secretary of the Interior to provide loan guarantees for Longworth. water supply, conservation, quality, and transmission Permanent Select Committee on Intelligence, executive, hear- projects; H.R. 3041, to supplement the Small Reclama- ing on Denial and Deception, 10 a.m., H–405 Capitol. tion Projects Act of 1956 and to supplement the Federal Reclamation Laws by providing for Federal cooperation in Joint Meetings non-Federal projects and for participation by nonFederal Conference, on H.R. 3019, making appropriations for agencies in Federal projects; H.R. 2819, Fort Peck Rural fiscal year 1996 to make a further downpayment toward Country Water Supply System Act of 1995; and a meas- a balanced budget, time to be announced, Room SC–5. D330 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 18 10 a.m., Thursday, April 18

Senate Chamber House Chamber Program for Thursday: Senate will consider S. 1028, Program for Thursday: Consideration of the conference Health Insurance Reform Act. report on S. 735, to prevent and punish acts of terrorism.

Extensions of Remarks, as inserted in this issue

HOUSE Gibbons, Sam, Fla., E552 Rahall, Nick J., II, W. Va., E563 Gutierrez, Luis V., Ill., E561 Sanders, Bernard, Vt., E562 Baker, Bill, Calif., E556 Hall, Ralph M., Tex., E560 Sensenbrenner, F. James, Jr., Wis., E556 Bentsen, Ken, Tex., E553 Jacobs, Andrew, Jr., Ind., E561 Shadegg, John, Ariz., E556 Bilirakis, Michael, Fla., E559 Johnson, Nancy L., Conn., E562 Stark, Fortney Pete, Calif., E559 Bryant, Ed, Tenn., E551 Johnston, Harry, Fla., E552, E554 Stump, Bob, Ariz., E561 Camp, Dave, Mich., E558 LaHood, Ray, Ill., E553 Talent, James M., Mo., E551, E554 Crapo, Michael D., Idaho, E558 Lazio, Rick, N.Y., E558 Tiahrt, Todd, Kans., E560 Cunningham, Randy ‘‘Duke’’, Calif., E557 Morella, Constance A., Md., E553 Towns, Edolphus, N.Y., E551, E554, E558 Dellums, Ronald V., Calif., E563 Oxley, Michael G., Ohio, E558 Weller, Jerry, Ill., E562 Deutsch, Peter, Fla., E555 Pallone, Frank, Jr., N.J., E555 Zeliff, William H., Jr., N.H., E562 Dornan, Robert K., Calif., E560 Porter, John Edward, Ill., E556, E559 Zimmer, Dick, N.J., E557 Farr, Sam, Calif., E559 Poshard, Glenn, Ill., E552, E555

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