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

Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 4, 1995 No. 1 House of Representatives

are too many lobbyists, too many law- show that the House of Representatives is RULES OF THE HOUSE yers and too many special interests not for sale, I urge you to say no to gifts, say (Continued) with too much influence. They are no to personal gain in the people’s House, and support the gift ban. b 1700 angry because they see Members tak- ing money and gifts from well-con- Mr. BONIOR. Mr. Speaker, I yield 1 Mr. BONIOR. Mr. Speaker, I yield 1 nected insiders and, in some cases, try- minute to the distinguished gentleman minute to the distinguished gentle- ing to use their offices to amass per- from Texas [Mr. GENE GREEN]. woman from Georgia [Ms. MCKINNEY]. sonal wealth. (Mr. GENE GREEN of Texas asked Ms. MCKINNEY. Mr. Speaker, I sup- This is supposed to be the day when and was given permission to revise and port many of the important rules we address the rules Members live by, extend his remarks.) changes being presented here today. yet in the entire Republican rules But, Mr. Speaker, it seems strange to Mr. GENE GREEN of Texas. Mr. package we are considering today there me that the first opportunity that the Speaker, we will soon be voting to is not a single amendment that ad- Republicans get, they start doing what change the way the House operates in dresses any of these issues. I would they have complained about for years. several ways, but it is not enough. suggest to my colleagues on both sides They claim to be willing to open up Later, we will also be considering a bill of the aisle: this body’s proceedings, but the first to bring the Congress into compliance ‘‘If you really care about changing day’s business is being conducted under with many private sector laws that the way Washington works——’’ closed rules. That means that any apply to the rest of the country. The SPEAKER pro tempore (Mr. Democratic ideas, regardless of merit, Last Congress, Mr. Speaker, many of will not even see the light of day. We WALKER). The time of the gentlewoman my Republican colleagues pointed to will start this Congress with business from Missouri [Ms. MCCARTHY) has ex- the closed rules as an example of the pired. as usual and a gag on the voice of tyranny of the majority. It is, there- Mr. BONIOR. Mr. Speaker, I yield 15 Democrats. This is not the way to start fore, disappointing that the Congres- additional seconds to the gentlewoman the 104th Congress. The Republican re- sional Accountability Act, the first bill from Missouri. sort to closed rules is as unbelievable to be considered by this Congress, will PARLIAMENTARY INQUIRY as their last-minute defeat of lobby re- be offered under a closed rule. Open Mr. SOLOMON. Mr. Speaker, I have a form and the gift ban last year. rules allow the minority the oppor- parliamentary inquiry. Mr. Speaker, I say to my colleagues, tunity to amend legislation and to The SPEAKER pro tempore. The gen- ‘‘Saying that this is open debate just allow all points of view to be heard. I tleman will state his parliamentary in- don’t make it so.’’ was led to believe that the House will Mr. BONIOR. Mr. Speaker, I yield 1 quiry. be operating under a more open sys- minute to the distinguished gentle- Mr. SOLOMON. Are we not supposed tem. Today, Mr. Speaker, it is not woman from Missouri [Ms. MCCARTHY]. to yield time in no less than 30-second open. Ms. MCCARTHY. Mr. Speaker, I am increments? one of the new Members of this body The SPEAKER pro tempore. The gen- Despite my disagreement with the the voters elected to change the way tleman from Michigan [Mr. BONIOR] has rule on the bill, I intend to support the Washington works. Many of us cam- control of the time. Congressional Accountability Act. This paigned on the issue of reform. I want Mr. BONIOR. Is that is the package bill is no stranger to those of us who to say to other new Members, ‘‘Don’t that the gentleman is offering? are Democrats because we offered it get cold feet now. We’re considering a Mr. SOLOMON. No, but I will be glad last year, and it passed last year before lot of reforms here today, and I support to put it in. this 100–day blitzkrieg that we are many of them, but let’s be honest. The SPEAKER pro tempore. The gen- going through. I believe extending em- These reforms don’t go nearly far tlewoman from Missouri [Ms. MCCAR- ployee protections is an important and enough. They don’t begin to address THY] may now proceed for 15 additional meaningful step for Congress, and I the real concerns of the American peo- seconds. hope my colleagues on both sides of the ple.’’ Ms. McCARTHY. Mr. Speaker, I say aisle will extend that to all workers in Mr. Speaker, the American people to my colleagues on both sides of the the future. are not angry at Washington because aisle: Mr. BONIOR. Mr. Speaker, I yield 1 there are too many proxy votings in If you really care about changing the way minute to the gentlewoman from Colo- Congress. They are angry because there Washington works, if you really want to rado [Mrs. SCHROEDER].

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

H 39 H 40 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mrs. SCHROEDER. Well, Mr. Speak- States of America. Suppose your con- Republicans take note, for this is an argu- er, I thank the gentleman from Michi- stituents paid more taxes than each of ment that ought to be dear to GOP hearts: gan [Mr. BONIOR] for yielding this time six states. There is a major difference between the situ- to me, and I want to say many times I How would you feel when you ation of the District and that of the four ter- ritories. It can be summed up in one figure: have voted against my side and voted watched other Members vote on your $1.6 billion. That is the total amount of fed- for open rules, and how disappointed I taxes, and I mean local taxes, my eral income taxes paid each year by resi- am today to find out that we not only friends, vote on your laws, and I mean dents of the District of Columbia. It com- have a gag rule, but we have a choke local laws, my friends, because our pares with $0 from the four territories. And rule because this side has been totally local business comes before this House. it is near the very top compared with con- choked off from offering any kind of The vote to be erased means nothing gressional districts nationwide. amendment or any kind of addition to to this body, but it means everything District residents deserve some consider- the reforms. As I look at this reform to the taxpaying citizens I represent. ation in exchange. Mrs. Norton’s retention of her limited voting powers—which, by the package, I got to say it is reform-light. After all, a re-vote will be taken if del- way, hardly constitute ‘‘representation’’ egate votes are determinative. You b 1710 commensurate with taxation—are worthy of claim that you will democratize this serious discussion. And let’s also begin the Now, you know, there are some House, and in some measure you will, discussion about whether justice wouldn’t be things in there, sure, they are easy, re- but not in this measure. better served by a District whose govern- form them. But the real thing I find I suspect that the denial today is not ment receives no federal payment—but people are angry about is the fact that an act of meanness, but an act rooted whose residents are not taxed by the federal this body operates like a coin operated in the partisanship of the past, rather government, either. legislative machine. They are real than in the events in which you take [From the Washington Post, Nov. 19, 1994] tired of the guys who have the most such pride today. For you, this was a coins to put in being the only one to plot of the Democratic leadership. For- THE THREAT TO D.C.’S HOUSE VOTE get the legislation out. We dealt with get that, my friends. It was my plot, Among the galaxy of rule changes expected that last year. We passed a bill by 311 my memo, my taxpayers. in a Republican House of Representatives votes. We are trying very hard to get next January, one provision deserves to re- My Republican friends, I say to you main on the books. A House rule adopted that in here. today that there is no need to return to early in the current Congress—unanimously We also do not deal with many of the the partisanship of the past now. You opposed by House Republicans—allows D.C. other abuses that have gone on in this have won. Leave it be. Let it rest. Be Del. Eleanor Holmes Norton and representa- place. We already last year put every- as gracious in victory as you have been tives from four U.S. territories to vote in the body under the laws we pass for every- tenacious in earning that victory. Re- House Committee of the Whole, where the one else. So let us not pat ourselves too store the vote to those who live in the bulk of the House’s floor business is con- hard on the back by doing that again, houses, in the neighborhoods, and in ducted. But now the House’s new leadership and let us move on to many other re- says it will revoke the five delegates’ limited the city of the great House of Rep- voting rights. Mrs. Norton has vowed to fight forms we should be dealing with. resentatives. the effort to take away her vote. She de- Mr. BONIOR. Mr. Speaker, I yield 3 Mr. Speaker, editorial opinion from serves to prevail. minutes to the distinguished gentle- one end of the political spectrum to the The voting arrangement, which was Mrs. woman from the District of Columbia other has been unanimous in support of Norton’s idea, was crafted to ensure the [Ms. NORTON]. my right to vote. I submit these edi- House stayed within constitutional bounds. (Ms. NORTON asked and was given torials for printing in the RECORD. Under the new rules and in accordance with the Constitution, the delegates do not enjoy permission to revise and extend her re- [From the Washington Times, Dec. 6, 1994] marks.) full voting privileges. But consistent with TAXATION, REPRESENTATION AND THE the combination of limited powers they al- Mr. NORTON. Mr. Speaker, I thank DISTRICT ready have to introduce legislation, serve the gentleman for yielding. Two years ago, Republicans picked up 10 and vote on standing committees and debate Mr. Speaker, we have heard all day seats in the House of Representatives, de- on the House floor, the House agreed to that this is an historic day. For me and spite the Democratic victory at the top of allow Mrs. Norton and her four colleagues to for the four other delegates, it is his- the ticket. Not long thereafter, D.C. House participate in one more committee—the toric as well. Two years ago, for the Delegate Eleanor Holmes Norton, who had Committee of the Whole. first time ever, our names were added no voting rights in the House, floated a pro- To ensure the prerogatives of the House to the official roster of this House. posal whereby she would be able to partici- were not weakened, the House adopted a fail- pate in all House votes taken in committee, sale device: a member can require that any Today, the rules propose to erase those including the committee of the whole, in Committee of the Whole-passed measure names. which most of the House’s important work is must be voted on a second time in the full The courts would not erase them. done, short of final passage of legislation. House, where Mrs. Norton and the other del- The courts said that the House could Soon, however, the four non-voting terri- egates can’t vote. So the arrangement is be- empower the Delegates. The courts torial delegates to the House—one each from yond legal or constitutional attack. That said that Members could constitu- Puerto Rico, Guam, the U.S. Virgin Islands isn’t only the judgment of the House. A U.S. tionally democratize their own House. and American Samoa—got themselves in- district judge for the D.C. circuit also ac- If the erasures occur, it will be by our cluded in the proposal as well. All five are cepted the merits of the argument, as did the Democrats, as it happens. And Republicans, U.S. Court of Appeals. own hand and by our own rules. with some justification, screamed bloody There are, however, other compelling rea- Oh, that is a bittersweet thing for the murder, accusing the Democrats of trying to sons for the House to leave the District’s Delegates, especially for this Delegate, regain the Democratic majority’s rule-mak- voting privileges intact. There is the matter who represents 600,000 taxpaying citi- ing powers half of what Democrats had lost of fairness. Unlike the inhabitants of the zens. at the polls. U.S. territories, District residents pay Fed- In 1993 I wrote a legal memorandum The delegate-voting proposal was subse- eral income taxes, and on a large scale. The that erased for the first time in 200 quently modified such that in votes by which District ranks third per capita in taxes paid years part of their plight—paying Fed- legislation is sent to the floor of the House to Uncle Sam. Yet when matters critical to from the committee of the whole by less the District (which means every piece of leg- eral taxes while having no representa- than a five-vote margin, another vote must islation passed by the mayor and council) tion on this floor. Today we are told, be held without the participation of the five are before the full House, Mrs. Norton must forget that. Go back to where you delegates. Republicans nevertheless sued, stand by voteless as members from around started. but federal courts ruled, correctly, that the the Nation register their will. Well, we cannot go back, Mr. Speak- House itself is constitutionally empowered The voting arrangement, while severely er. I ask my colleagues to take a leap to propagate such a rule for delegate voting. limited in scope, does give Mrs. Norton the of imagination with me and put your- Well, now there’s a new congressional ma- chance to register the will of more than self in my place. Suppose your con- jority: Republican. So what to do about dele- 600,000 taxpaying Americans in House debate gate voting? No doubt there will substantial as she now does in her committee assign- stituents paid $1.6 billion annually to GOP sentiment for simply undoing what ments. For victorious House Republicans, in the Treasury of the United States. Sup- many regard as a blatant partisan their first exercise of power in 40 years, to pose your constituents were third per powergrab. The matter is worth second take away Mrs. Norton’s voting privileges is capita in Federal taxes in the United thoughts, however. wrong. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 41 [From the Roll Call, Dec. 22, 1994] than the majority whip, the gentleman people were promised an opening day of SAVE NORTON’S VOTE from Sugar Land, TX, Mr. DELAY. sweeping reform and openness in Con- Our first plea to the new GOP majority is Mr. DELAY. Mr. Speaker, I think gress, they instead see the use of re- likely to fall on deaf ears, but we’ll make it this is a very interesting process we strictive rules to prohibit Democrats anyway: Save DC Del. Eleanor Holmes Nor- are going through. Just as we have had from offering amendments to the new ton’s vote on the floor. Unlike the other four to learn to be the majority, I think the so-called reforms. Delegates who represent US territories in minority needs to learn to be the mi- If today were truly the end of busi- the House, Norton represents federal tax- nority. The gentlewoman from Colo- payers, who pay in $1.6 billion every year to ness as usual in Washington, we would the US treasury but now face the loss of even rado is talking about we have gag rules be reading headlines about new their symbolic vote in the House’s Commit- and choke rules, and the gentlewoman progress in the fight to help Americans tee of the Whole. from Missouri said we are not going far find and keep good jobs to provide for Republicans have hated the Delegate vot- enough in reform. I need to remind the their families, not about $4 million ing rights since Democrats first granted minority that they have had 40 years book deals. them two years ago, and when the 104th to do this, 40 years to do these kinds of Americans voted to make sure that opens on Jan. 4, they are fully prepared to reforms, and they chose not to do any take them away. But as Capitol Hill’s only Congress was not for sale. They voted of these. against arrogance, the arrogance of twice-weekly newspaper, we’d be crazy to I also should remind the minority agree. ‘‘No taxation without representation’’ cashing in on public office, of using the still strikes a chord with us. when they were in the majority in just majority to require supermajority the last Congress, they did not put the votes on certain issues, and for open [From the New York Times, Dec. 31, 1994] gift ban nor lobbying reform in their rules that create the open debate we rules of the House. They went through MORE COLONIALISM IN D.C. heard promised today in such glowing the normal legislative process, just as Imagine your outrage if the state where terms. we want to go through the normal leg- you live were suddenly stripped of represen- We have been denied the chance to tation in Congress, even as that very same islative process on a legislative pack- make real news here today. I voted for Congress dictated how local tax dollars were age like the lobbying reform package. the Democratic motion, which will be spent and ran local policy—right down to We do not want it in the rules. garbage collection. But all that aside, when we were in offered again. I hope it will be accepted The taxpayers of Washington D.C. don’t the minority and you were in the ma- by the Republicans this time to revise need to imagine. Taxation without represen- the rules to include a ban on gifts from tation is an insult they live with every day. jority, the first thing we would do would be to come to you with amend- lobbyists and a limit on the income The incoming Republican Congress wants to which Members may receive from the add to this indignity by revoking the Dis- ments to ask you to allow us to put the trict’s largely symbolic vote in the House of amendments in your packages. We re- royalties on book sales. That was the Representatives’ Committee of the Whole. ceived an 18-page amendment on your opportunity for real change. Repub- That is a colonist idea. Washingtonians and motion to commit about 2 minutes be- licans blocked them. their Congressional Delegate, Eleanor fore we voted on it. The SPEAKER pro tempore. (Mr. Holmes Norton, are right to be fuming. So if you will come to us and make WALKER). The gentleman from Michi- With a population of nearly 600,000, the your proposals to us, then maybe we gan [Mr. BONIOR] has 4 minutes remain- District of Columbia has more people than ing, and the gentleman from New York Vermont, Wyoming or Alaska. But it does will accept them. But to just come and [Mr. SOLOMON] has 3 minutes remain- not have a voting representative in Congress. bring proposals to the floor without Although District taxpayers contribute $1.6 even checking with the majority is not ing. The gentleman from New York billion yearly to the Federal Treasury—more going to get you very far. [Mr. SOLOMON] has the right to close. Federal taxes per capita than in all but two Over 60 years ago, this House em- Mr. BONIOR. Mr. Speaker, I yield 1 of the 50 states—Washingtonians must beg to barked on a legislative journey that be- minute to the gentlewoman from New use even their local taxes as they see fit. came known as the New Deal. Today York [Ms. SLAUGHTER]. Congressman from all over the country med- this House is beginning another jour- (Ms. SLAUGHTER asked and was dle in how locally raised taxes are spent. ney. We are in the majority, you are in given permission to revise and extend Two years ago, House Democrats awarded her remarks.) symbolic floor votes to four previously non- the minority. I hope that we can work voting delegates—from the District of Co- together. I hope you will bring us your Ms. SLAUGHTER. Mr. Speaker, I lumbia, Guam, the Virgin Islands and Amer- ideas, and maybe we can include them want to talk about a reform we did ican Samoa—as well as to the resident com- in the package. But do not just come make. Two-and-a-half years ago in the missioner from Puerto Rico. That arrange- up here and throw something out on wake of the problems in the bank and ment allows delegates to vote when the the floor and expect us to accept them the post office, I served as a member of House meets as a ‘‘committee of the whole,’’ out of hand. a bipartisan task force which drafted which is where it does most of its legislating. Mr. BONIOR. Mr. Speaker, I yield House Resolution 423, an unprece- But in cases where the delegates’ votes made dented effort to totally eliminate poli- the crucial difference in a close ballot, an- myself such time as I may consume. other vote would be taken without the dele- Mr. Speaker, I would say to my tics and patronage from the adminis- gates. friend, the gentleman from Texas [Mr. tration of the House support oper- The incoming Speaker of the House, Newt DELAY], whom I like very much and re- ations. I am saddened that on this day Gingrich, would now strip the four delegates spect, he complained about the amount of reform, the new majority proposes a and the commissioner of any vote at all. The of time that we did not provide for him change to go back from professional Republicans were right to resent the Demo- and his colleagues on the motion to re- management and businesslike person- crats’ transparent effort to add to their ma- commit. I might suggest to him that nel policies to the discredited patron- jorities, as well as the wasted time involved age system. in having to repeat close votes. But surely we will be offering the same ban on gifts to lobbyists as well as the book Mr. Gingrich can see the difference between b the District of Columbia and the territories. royalty issue on the next motion to re- 1720 The District pays Federal taxes by the commit, which will be down the road in However, that is what they are pro- truckload; the territories contribute noth- about 5 hours. It is about 20 pages, and posing and they have already started ing. it should be sufficient time for you to to implement it. The incoming Congress swept to victory by digest it, understand it, and maybe you Let me remind Members of what we touting a new federalism, promising to make government work for Americans, not against will accept it. So we hope you will. have accomplished. We have created a them. Mr. Gingrich also promised to make Mr. Speaker, I yield 1 minute to the Director of Non-Legislative and Finan- the House more democratic. A truly demo- gentleman from New Jersey [Mr. cial Services, with a mandate to sweep cratic Congress can hardly justify denying MENENDEZ]. the House clean of waste and fraud and the District one small voice in the body that (Mr. MENENDEZ asked and was inefficiency. We have provided that controls its every move. given permission to revise and extend both the majority and minority parties Mr. SOLOMON. Mr. Speaker, to re- his remarks.) must agree on the selection of the di- spond to the gentlewoman from Colo- Mr. MENENDEZ. Mr. Speaker, it is rector, so that only skill mattered, not rado, I yield 2 minutes to no one better unfortunate that while the American politics. H 42 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Today we turn back from that in (Mr. CAMP asked and was given per- side, when the gentleman spoke of the very short time, and we have already mission to revise and extend his re- diminishment, you begin to diminish started with a totally partisan person marks.) your credible standing as a lady and to administer the House. Mr. CAMP. Mr. Speaker, I thank the gentleman in the House when you act We had an inspector general who was gentleman for yielding time to me. as if you carry the mantle to an open going to report to a bipartisan sub- Mr. Speaker, as we begin work today, process. committee. That is all gone, so there is we have a clear understanding of our When I first came to this Congress 2 no more oversight in a bipartisan way purpose for the next 100 days. We have years ago, I was shocked to see the of the things that happen in this the unique opportunity in this body to Congress being run as an undemocratic House. set partisan politics aside. The people institution. The 103d Congress was a have told us they want things done dif- Mr. Speaker, 21⁄2 years ago in the closed, mismanaged, undemocratic in- wake of the Sergeant-at-Arms Bank ferently in the Congress. stitution. The standing rules of the and the Post Office affairs, I served as They have given a new set of leaders House were continually waived to a member of the bipartisan task force a chance to make things happen, but avoid accountability. they have also issued a firm warning to which drafted House Resolution 423, an Fortunately for the American people, deliver and they are watching closely. unprecedented effort to totally elimi- that was yesterday. Today I am pleased The rules package before us is an im- nate politics and patronage from the that this House will adopt a provision portant first step in fulfilling our com- that I have advocated requiring the administration of House support oper- mitment to make this body account- ations. committee chairmen to make every at- able to those who sent us here. For ex- tempt to abide by the House rules and I am shocked and saddened that on ample, applying the laws everyone else disclose provisions that do not meet this day of reform, that the new major- has to live under to Congress; an audit those rules, therefore requiring a waiv- ity would propose in this package of of the House books and reducing the er by the Committee on Rules. By sim- rules changes to move back from pro- number of committees and staff. ply following the House rules, we will fessional management and business- Our goals have been set, our agenda help bring much needed sunshine, ac- like personnel policies to the discred- is clear, and now it is up to us to meet countability and fiscal responsibility ited patronage system. Yet that’s what those goals and complete our agenda. to this body. they are proposing and have already These first 100 days are going to be hec- The SPEAKER pro tempore. The gen- begun to implement. tic but with unity and bipartisanship, tleman from Michigan [Mr. BONIOR] has Mr. Speaker, let me remind you what they can be historic as well. we had accomplished. Mr. BONIOR. Mr. Speaker, I yield 1 2 minutes remaining; the gentleman from New York [Mr. SOLOMON] has 1 We created a Director of Non-legisla- minute to the distinguished gentleman minute and 15 seconds remaining. tive and Financial Services with the from North Carolina [Mr. WATT]. The gentleman from New York [Mr. mandate to sweep the House clean of Mr. WATT of North Carolina. Mr. SOLOMON] has the right to close debate. waste, fraud, and inefficiency. We pro- Speaker, if we believe in term limits on Mr. BONIOR. Mr. Speaker, I yield 1 vided that both the majority and mi- committee Chairs and limits on proxy minute to the distinguished gentleman nority parties must agree on the selec- voting, then we should vote for it. That from Guam [Mr. UNDERWOOD]. tion of the Director to ensure that only is the majority way. That is the demo- cratic way. (Mr. UNDERWOOD asked and was relevant experience and skills would given permission to revise and extend count, not the politics of those who ap- However, I draw the line when Mem- bers start to diminish the value of my his remarks.) plied. Mr. UNDERWOOD. Mr. Speaker, this Today the new majority proposes to vote by requiring a 60-percent rule on anything. That is not the majority morning 440 voting cards were issued. turn the clock back to an era of one- Five did not work. I got one of those party partisan control over everything way. That is not democracy. That is not any way to treat a minority. right here, courtesy of the new major- in the House from the payroll clerks to ity, which claims to be democratizing the telephone operators. I would submit that it is un-Amer- ican, it is unconstitutional, and the 60- this body. And our reform did not stop there. I rise in strong opposition to the new We created an independent Office of In- percent rule by majority vote is un- American and unconstitutional. I ask majority’s rules that rescind the privi- spector General to be directed and re- you to vote against this idiocy. lege of the Delegates voting in the port to a new bipartisan Subcommittee Mr. SOLOMON. Mr. Speaker, I would Committee of the Whole. This is not an on Administrative Oversight with just caution the previous speaker infringement of States’ rights. The equal representation from each party. about talking about things like un- Delegate vote is purely symbolic. This Today the new majority kills that bi- American. The gentleman did vote for is about the inclusion of 4 million partisan subcommittee and returns to the Democrat rules package last year American citizens who reside in the a partisan oversight committee. which required a two-thirds vote. territories. Is this reform? The SPEAKER pro tempore (Mr. What the Republican majority of the Why is the new majority rolling back WALKER). Has the gentleman yielded congress is saying to these American the bold and totally bipartisan ap- himself time? citizens is something that America proach to managing House support Mr. SOLOMON. No. would never say to the world. Would services? One can only speculate that The SPEAKER pro tempore. The gen- America tell Haiti, Eastern Europe, they were only giving lip service to bi- tleman is out of order. and Russia that in order to build a de- partisan professionalism. Now that Mr. SOLOMON. I will stand out of mocracy, you first start by separating they are in power, they are abandoning order. citizens based on tax status? professionalism and grabbing for the The SPEAKER pro tempore. Does the This country has broken down bar- spoils of victory. gentleman from New York wish to riers of gender, race, poll taxes, in I believe history will judge harshly yield time? order to perfect the American ideal, those who eat their words from the Mr. SOLOMON. Yes. Mr. Speaker, I and it is wrong to turn the clock back past so easily without any sense of yield 1 minute to the gentleman from now. their hypocritical vote to return to the Indiana [Mr. BUYER]. By turning its back on the U.S. citi- discredited spoils system. Mr. BUYER. Mr. Speaker, I rise in zens on Guam and the other territories, I urge my colleagues to defeat this support of the rules package before the Congress is sending a message that rollback to the bad old days. House of Representatives, which is the American citizenship is less important Mr. SOLOMON. Mr. Speaker, I yield 1 fundamental first step toward restor- than the size of our wallets. minute to the gentleman from Michi- ing the accountability of this House to Mr. BONIOR. Mr. Speaker, I yield my gan [Mr. CAMP], a distinguished mem- the American people. remaining minute to the distinguished ber of the Committee on Ways and To my colleagues who have recently gentleman from Vermont [Mr. SAND- Means. participated in this debate on the other ERS]. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 43 (Mr. SANDERS asked and was given promise with the American people to change In addition, Mr. Speaker, requiring a permission to revise and extend his re- this institution. The contract with America is supermajority vote on taxes sets a dangerous marks.) about putting the people back in charge and precedent that could be used to create similar Mr. SANDERS. Mr. Speaker, some of not entrenched politicians. requirements for other controversial issues. If the reforms we are voting today are This reform package contains 23 measures Republicans can require a supermajority for good, and some I have problems with. that will produce a more efficient and account- tax increases, future rules changes would re- The one I want to briefly focus on is able U.S. House of Representatives. Commit- quire a supermajority for such issues as in- the requirement that it will take a 60- tee staffs will be reduced by one-third, and in creasing spending on defense. percent vote to raise personal and cor- some cases obsolete committees will be abol- Finally, Mr. Speaker, the ``Contract With porate income taxes. ished or merged into other committees. Addi- America'' which outlined the 10 legislative ini- Mr. Speaker, the fact of the matter is tionally, the bill referral process has been re- tiatives that the Republican candidates prom- that the current tax system in America vamped so that only one committee will now ised to introduce if they gained a majority in is highly regressive. Tens of millions of have primary jurisdiction over each piece of the House, included a provision to require a working Americans and middle-income legislation. Term limits for committee chairman three-fifths majority in the House for approval Americans are paying a higher percent- and the Speaker will also be imposed. of any tax increase. Now that Republicans are age of their income in taxes than are This package represents the most signifi- in the majority they have reneged on their millionaires. Corporations today in cant overhaul of the rules process since 1974. contract and changed this provision to apply many instances that are very profit- Virtually all committee business will now be only to increases in the most progressive of able, that are taking their jobs to the accessible to the public and the media. The taxes, income and corporate taxes. Increases Third World, are not contributing their horrendous practice of proxy voting will end as in more regressive taxes such as payroll taxes fair share in taxes. will rolling quorums. Additionally, Members will and excise taxes, which hurt low- and middle- Mr. Speaker, it seems to me that if be limited in the number of committees they income Americans the most, could still be ap- we want a fair tax system, an equitable may serve on, and all committee votes will be- proved by a simple majority. tax system, majority vote should rule in allowing the House of Representa- come public record. You may recall Mr. Speaker, that during the tives to raise taxes on the wealthy and In addition to House procedure, this resolu- 1980s, the Republican Administrations fol- on those corporations that are not pay- tion is taxpayer friendly. Under this package, lowed a similar legislative agenda to the cur- ing their fair share of taxes. any income tax increase must now be ap- rent Republican Contract of cutting taxes for The SPEAKER pro tempore. All time proved by a three fifths majority of the House the wealthy, increasing defense spending and has expired for the minority. of Representatives. The provisions relating to trying to balance the budget. However, the The gentleman from New York [Mr. baseline budgeting and limiting tax increases deficit exploded as a result of these policies. SOLOMON] is recognized for 1 minute will help to enforce fiscal discipline in the Con- Trying to recover some of the lost revenues, and 15 seconds. gress. the Republican Administrations increased Mr. SOLOMON. Mr. Speaker, I yield After four decades of one party control, the these kind of regressive taxes which continue myself such time as I may consume. American people have finally had enough. The to hurt middle-income Americans today. Mr. Speaker, we want to expedite American people deserve an open legislative By making the most equitable and progres- this as fast as we can. Mr. Speaker, let process. Most people would agree that the sive taxes subject to a supermajority vote, me just point out that coming next Federal Government is too big and spends too while allowing more regressive taxes, such as will be 20 minutes of debate on eight much. My colleagues on the other side of the excise taxes, to be approved through simple separate sections of title I of this bill. aisle have long believed that big government majority, the Republicans are creating rigid These are the significant changes in is the answer. I do not. This rules package is new fiscal policy and clearly indicating their in- the rules over the rules that we have the first step in an effort to make government tent to repeat the past of protecting wealthy been operating under in the previous more efficient and more accountable. Americans at the expense of working families. Congress, which was the Democratic The Contract with America will put an end to Mr. Speaker, the principle of majority rule is rules package. the tax and spend Congress of the last 40 the very essence of American democracy and Because these are significant years. The contract offers the American peo- must be protected by Members of Congress, changes, we have chosen to at least ple an opportunity to restore the American not sacrificed for political purposes. Therefore, offer the opportunity to vote on each of dream that was lost. Most importantly, this I urge all my colleagues to vote against the the eight, and that is the debate that package will rekindle the trust between the supermajority provision which violates this es- we will be starting on in just a few people and their elected representatives. I sential principle. minutes. urge my colleagues to support the rules pack- Mrs. COLLINS of Illinois. Mr. Speaker, I rise I would just point out in closing that age. today to voice my opposition to the elimination this is the most comprehensive, sweep- Mr. BORSKI. Mr. Speaker, I rise in strong of legislative service organizations [LSO's] in ing reform of this House that we have opposition to the provision requiring a the House of Representatives. known in over 50 years. I would hope supermajority for certain tax increases. This As a member of several invaluable legisla- that the body would support the resolu- provision is unconstitutional, sets a dangerous tive service organizations [LSO's], I know first- tion, after we have finished debating precedent and clearly demonstrates the Re- hand the important role they have played in the individual sections. publican's intent to protect upper-income analyzing and promoting legislation to assist Mr. FRANKS of Connecticut. Mr. Speaker, I Americans at the expense of low- and middle- Members working together on common inter- rise today in full support of the Rules Package income families. ests and in pursuit of common goals. In the for the 104th Congress. Last November, the The ``limitation on tax increases'' provision case of the Congressional Black Caucus American people sent a strong message that would institute, for the first time in the history [CBC] and the Congressional Caucus for it was time for a change in the U.S. Congress. of Congress, a rule requiring a supermajority Women's Issues, LSO's have enabled Ameri- This important package is the first step to- vote for the simple passage of legislation. cans who are significantly underrepresented in wards that change. Implementation of the Such a rule, however, runs contrary to the fun- Congress to have more united and more ef- ``Contract with America'' will help to restore damental democratic principle of majority rule. fective voice in the legislative process. the people's trust in government. The Amer- The Constitution clearly specifies the excep- The impact of the Congressional Black Cau- ican people want a Congress that is account- tional cases in which a supermajority is re- cus has been dramatic as the CBC has able for its actions, not one that hides behind quired. Greater majorities can also be required sought to promote an agenda of equity and the laws it passes. This resolution will provide for procedural motions, like curtailing debate fairness for African-Americans across the for the most open Congress ever. or suspending the rules. Otherwise a simple country. The CBC was instrumental in pas- I believe it is important to show America that majority is the requirement of the Constitution. sage of the Civil Rights Act, promoting sanc- Congress can put its own house in order be- Although the Constitution does give the tions against South Africa, leading the fight for fore dealing with the rest of the Nation's prob- House the power to set its own rules, the disadvantaged business opportunities, ex- lems. This package will curb many of the courts have long made it clear that this does panding the earned income tax credit in the abuses that occurred during the minority par- not mean the House has the authority to President's 1993 budget, pushing for more ty's lengthy control of the House. During the change the basic framework of the Constitu- positive, preventative activities for youth in the campaign, each republican candidate made a tion. crime bill, et cetera. Without the CBC, it is H 44 CONGRESSIONAL RECORD — HOUSE January 4, 1995 questionable whether such significant legisla- today. These include broadening the powers the controversial retroactive tax increases in tive strides could have been made so effec- and staff of the House inspector general, and the Clinton budget behind closed doors, bar- tively. providing him authority to refer any possible ring the press and the public from their pro- The Congressional Caucus for Women's Is- violations to the House Ethics Committee, ceedings. Passage of this package will put an sues has had equally remarkable successes abolishing the Office of the Doorkeeper which end to those shameful days. Under the Re- as a result of working together to further legis- is loaded with hundreds of patronage employ- publican majority, the sun will shine in. lative goals of importance to women and fami- ees; and ensuring congressional compliance In the context of truth and accountability, lies across the country. Historic changes have with Federal laws. A major accounting firm will Republicans have also included in their reform occurred as a result of the work of this impor- also be hired to conduct a comprehensive proposal a truth-in-budgeting requirement tant bipartisan LSO. Medical research prac- audit of the House's finances which will be which will have an enormous impact on the tices at the National Institutes of Health were made public upon completion. public's understanding of Federal spending. changed to better assist women, Federal con- Requiring that Congress complies with the Under past budget rules, an increase in tracting opportunities for women-owned busi- same Federal laws and regulations that apply spending was often called a budget cut if it nesses were improved, funding for fighting to the private workplace has long been a goal wasn't more than inflation and other specified crimes against women and domestic violence of mine. In fact, last Congress I was an origi- increases would cause. That's like saying we was approved, the Safe Access to Clinic En- nal cosponsor of legislation, the Congressional are reducing spending by not spending more trances Act was passed, et cetera. Accountability Act, identical to that included in than we already spend. Mr. Speaker, eliminating LSO's will hurt the today's resolution. The House passed a ver- The new House rule stipulates that if you many Americans who can't afford their own sion of this act near the end of the 103d Con- spend more money in one year than you high-paid lobbyist to argue their cause. The gress, but the measure died because the spent the year before, it is an increase. Congressional Black Caucus, the Hispanic other body failed to consider it. Spending may rise because of an increase in Caucus, and the Congressional Caucus for Passage of this act underscores that no inflation, but the fact is that it will be recog- Women's Issues, to name a few, all represent American should be immune from law or re- nized as an increase. There will be no more groups of Americans who are vastly ceive special treatment in its application. In Mickey Mouse budgeting. In this Congress, underrepresented in the U.S. Congress. In our addition, this act encourages all of us as legis- the truth will be told and the public will know. democratic Nation, all Americans deserve a lators to continue to review the burdens that The final provision of today's historic House voice in Congress and with the elimination of Federal laws place upon us as citizens. The reform package is one that will positively affect these valuable LSO's I am concerned that laws which we apply to Congress today in- the lives of every American by making tax their voices will no longer be heard. And this, clude the Civil Rights Act, the Americans With hikes more difficult. This Congress will require Mr. Speaker, is a reform which we simply can- Disabilities Act, the National Labor Relations a three-fifths vote of the House to pass any in- not afford. Act, the Occupational Safety and Health Act, come tax rate increase and will prohibit retro- Mr. YOUNG of Florida. Mr. Speaker, I rise the Employee Polygraph Protection Act, the active taxation of income. This supermajority today on this momentous occasion to speak to Worker Adjustment and Retraining Notification requirement is quite similar to restrictions vot- this House and the American people about the Act, the Rehabilitation Act, and the United ers have imposed on numerous State legisla- events that have unfolded since the historic States Code on fair labor management rela- tors, and stands in stark contrast to past Dem- November 8 election, and to celebrate the re- tions. ocrat rules which require a supermajority to forms we will enact today. What a difference Reducing the amount of congressional staff cut taxes. Another beneficial aspect of this a day makes. is also a cornerstone of our reform efforts new rule is that any future Congress seeking As a Republican, my entire service as a today. As the ranking Republican of the Legis- to get around it would have to change or Member of Congress has been in a House lative Branch Appropriations Subcommittee waive the rule, providing a warning sign of im- controlled by Democrats. In this time I have during the past Congress, I worked to sub- pending tax boosts. watched as House proceedings became more stantially reduce the number of people in the Mr. Speaker, with this past election we saw and more partisan, and decisions which could Congress' employ. Unfortunately, Democratic the results of an American public outraged effect every American became more secretive intransigence prevented us from enacting any- with the business-as-usual attitude of a Con- and exclusive. I watched the number of com- thing more than a 4-percent reduction over 2 gress controlled by Democrats for 40 years. mittee staff nearly triple while the committees years. Today's resolution reduces the number The message from an electorate tired of false became dominated by special interests and of committee staff personnel alone by one- messages and empty promises was clearÐno unable to respond to public desires. Repub- third, a total of 622, with a potential savings to more. Today's actions are the first step in ful- lican efforts to reform the system, open up the the taxpayer of $70 million over the next 2 filling the promises made in our Contract with deliberation process, and clean up the sloppy years. How's that for a change. America, and represent more congressional internal management and corruption were met Another cost-cutting measure included in to- reform than the public has seen in decades. each time by Democratic arrogance and obsti- day's package eliminates legislative service They are not an end, but a beginning of a nacy. organizations. These Member caucuses which Congress more open, more accountable, and On November 8, an overwhelming majority represent special interests cost the taxpayer more responsible than ever. A Congress of Americans throughout our Nation rallied be- $5 million a year and take up a large amount which will listen to the people, speak frankly in hind principles included in a Republican Con- of office space. In fact, elimination of the response, and spend no more than it needs to tract with America, and demanded that re- LSO's and their 97 staff positions along with serve the people it represents. forms making Congress more accountable and the committee staff reductions may free up Mr. PORTER. Mr. Speaker, I strongly sup- effective be implemented. In the wake of that enough space so that we can sell off an entire port the overall Republican House rules pack- election day, the American people sent a new House office building. age. It makes many badly needed and long majority to Washington, a Republican majority, The Republican reform package we con- overdue reforms in the way this House oper- to answer that demand. I rise today to tell the sider today also makes substantial changes to ates. I believe those reforms will help Con- American people we have heard your call. As the present committee system by cutting three gress regain the confidence of the American we promised in our contract, today we begin House committees and 25 subcommittees, people, something which has been lacking for to deliver. limiting the terms of committee chairs and far too long due to the complacency of pre- While many of the provisions in today's re- banning proxy, or ghost, voting. Not since vious Democratic congressional leaders. How- form package are changes Republicans have 1947 has a standing committee of the House ever, Mr. Speaker, I am concerned about the been promoting for decades, much of our pro- been eliminated. We'll take three, and if Mem- provision in the package which would require posal is the product of several weeks of hard bers wish to vote on legislation in committee, a three-fifths supermajority to pass income tax work which began immediately after the elec- they will have to be present. No longer will rate increases. tion. In fact, the Republican Transition Team, baron committee chairs wield the proxies of Mr. Speaker, the Constitution designates on which I was proud to have served, began absent individuals who feel they have better seven specific instances in which a work almost immediately on changes to the things to do, defeating the efforts of committee supermajority is needed for Congress to take structure and operations of the House. Under members who do their work and care. Finally, action. Those cases include override of a the Republican Open House proposal which committee meetings will be open to the public, presidential veto and the Senate's approval of we released in December, and is included in ensuring fairness and accountability. We can a treaty, among others. Other than those this package, major changes in the House's all recall the day when Democrats in the seven cases, however, the Constitution clearly administrative operations will be adopted House Ways and Means Committee voted for establishes a Congress which operates on the January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 45 basis of simple majority rule. I therefore have Contract With America. The American people changes in the submission of agency perform- great reservations about whether such a provi- will judge us by our success in meeting this ance plans or reports, or agency regulatory sion should pass constitutional muster. This commitment. Let us not fail their trust. plans, reports or reviews as part of the budget obviously, ultimately, would be a question for The process which developed this Rules process; or process changes leading to the re- the judicial branch to be resolved in the package was remarkably open with all Mem- quired adoption of a Federal capital budget or course of litigation challenging the constitu- bers of differing seniority and differing percep- joint capital/operating budget which accounts tionality of our rule. My vote for this change in tions having the opportunity to help draft this for the fixed assets of the United States Gov- our rules, then reluctance and while strongly remarkable reform document. I salute the new ernment. In addition, this paragraph is not in- supportive of the provision preventing retro- Chairman of the Rules Committee, the Honor- tended to provide the Budget Committee with active tax increases, is made with great res- able GERALD SOLOMON, for his openness and jurisdiction over special funds, accounts or ervation regarding the constitutionality of the dedication which produced this product. spending set asides created to reduce the def- provision requiring a supermajority to pass in- I personally experienced Chairman SOLO- icit. come tax rate increases. MON's commitment to openness when I pro- Paragraph (1)(d)(4) of rule X is intended to Mr. BLILEY. Mr. Speaker, I rise in support posed a ban on commemorative. This Rules provide the Budget Committee with jurisdiction of H. Res. 6 adopting the Rules of the House package prohibits the introduction or consider- over measures to control spending, the deficit, of Representatives for the 104th Congress. ation of any amendment, resolution or bill that or the Federal budget. The Budget Commit- This bill adopts many changes in the Commit- expresses any commemoration of any speci- tee's jurisdiction will include the establishment, tee system, particularly in the provisions of fied time period. The days will finally end extension and enforcement of mandatory and Rule 10 that govern the respective jurisdic- when the Congress spends the people's time discretionary spending limits; Pay-As-You-Go tions of the Committee on Commerce and the considering such legislation as ``Mule Appre- requirements for legislation that increases the Committee on Banking and Financial Services. ciation Day.'' Chairman SOLOMON welcomed deficit; and special budgetary mechanisms to The language of proposed rule X governing my suggestion to prohibit commemorative leg- control spending, the deficit or the Federal the jurisdiction of the Banking and Financial islation and committed himself to working with budget. The Budget Committee will have juris- Services Committee makes clear that the me on it. I am proud to have drafted the lan- diction over Federal sequestrations, including Banking Committee has primary authority to guage which served as the base for the legis- sequestration rules, special rules and exemp- review legislation that governs bank securities lative language included in the bill for consid- tions. The Budget Committee is intended to activities. The Rule draws an exception to that eration today. have jurisdiction over the selection of pro- jurisdiction, however, that reflects the oper- I also want to express my thanks to my new grams subject to spending controls, the deter- ation of existing law. The activities of any freshman colleagues who have made the mination of the numerical level of those con- bank, any separately identifiable department commemorative ban a reality. You freshman trols, and the enforcement of the controls. or division of a bank, any affiliates of a bank, have provided us with the majority to pass this Paragraph (1)(g)(4) of rule X is intended to or any persons associated with a bank or affili- reform bill and you freshmen have made this retain the Committee on Government Reform ate, for example broker/dealers, municipal se- proposal a priority by obtaining the Republican and Oversight's legislative jurisdiction over: curities dealers, or mutual funds just to name Conference's endorsement of a commemora- measures relating to process changes in Fed- three, that are regulated under the Federal se- tive ban. Thank you all very much. eral rescission or impoundment authority; curities laws, will continue to be subject to the I am proud to have played a small role in measures relating to Executive agency budg- primary legislative jurisdiction of the Com- developing this remarkable legislation. I urge eting, including the submission of agency per- merce Committee. This is what is referred to my colleagues to join me in voting to keep our formance reports or plans, or agency regu- as functional regulation. promises, to listen to the American people and latory plans, reports or reviews as part of the Furthermore, recognizing the particular na- to support genuine reform. My colleagues, Federal budget process; measures relating to ture of institutions whose deposits are insured please join me in voting ``yes'' for this vital leg- Executive agency financial management; and by the Federal Government, there is an ex- islation. process changes leading to the required adop- ception to this exception. The Banking Com- Mr. ARMEY. Mr. Speaker, this agreement tion of a Federal capital budget or joint capital/ mittee will share jurisdiction over these entities addresses the intent of the Chairman of the operating budget which accounts for the fixed regulated under the securities laws with re- Committee on the Budget and the Chairman assets of the United States Government. In gards to legislative provisions that are in- of the Committee on Government Reform and addition, the Committee on Government Re- tended to protect the safety and soundness of Oversight concerning the jurisdiction of each form and Oversight retains jurisdiction over the depository institution. committee over the congressional budget special funds, accounts and spending set I favor this approach to the jurisdiction of process. It is not intended to address jurisdic- asides created to reduce the deficit. the respective Committees because it reflects tional issues involving the budget process be- Mr. SOLOMON. Mr. Speaker, at this an agreement reached by and between me tween the Committee on the Budget and the time, I yield back the balance of my and my two good friends, Speaker GINGRICH Committee on Rules. time, and expect to go on to title I of and Chairman LEACH. It is may hope that the Paragraph (1)(d)(2) of rule X, relating to all the bill. wording of H. Res. 6 will result in an elimi- concurrent resolutions on the budget and The SPEAKER pro tempore. All time nation of the bottlenecks that have prevented other measures setting forth budget totals for for initial debate has expired. the House from passing comprehensive finan- the United States, affords the Budget Commit- Pursuant to House Resolution 5 the cial services reform legislation. It is of critical tee legislative jurisdiction over the establish- question is divided among each of the importance that the regulation of the financial ment and adoption of the congressional budg- eight sections of title I and title II, and services industry be reformed to allow banks et resolution, whether joint or concurrent. This the previous question is ordered on to enter the securities business and brokers to extends to any statement setting forth a bal- each portion of the divided question. enter the banking business on an equal foot- anced budget as required by an amendment Section 101 is now debatable for 20 ing. I look forward to cooperating with Chair- to the United States Constitution, or a capital minutes. The gentleman from Michi- man LEACH in enacting legislation to accom- budget or joint/capital operating budget, if gan [Mr. CHRYSLER] will be recognized plish that goal during the 104th Congress. mandated. for 10 minutes, and the gentleman from Mr. BONILLA. Mr. Speaker, I rise in support Paragraph (1)(d)(3) of rule X affirms the Michigan [Mr. BONIOR] will be recog- of the Rules package under consideration Budget Committee's primary jurisdiction over nized for 10 minutes. today. I urge my colleagues to support this budget terminology and secondary jurisdiction The Chair recognizes the gentleman package because it represent real reform. Re- over other elements of the congressional from Michigan [Mr. CHRYSLER]. form I have been calling for since my first budget process, such as those currently pro- (Mr. CHRYSLER asked and was given election 2 years ago. Reform the American vided for in the Congressional Budget Act. permission to revise and extend his re- people have been calling forÐfor far too long. This includes: The budget resolution, timetable marks.) This Rules package contains reforms prom- and accompanying report language; commit- Mr. CHRYSLER. Mr. Speaker, I yield ised in the Contract With America and its pas- tee allocations; and the reconciliation process. myself such time as I may consume. sage will represent a promise keptÐa refresh- This paragraph is not, however, intended to Mr. Speaker, in 1994 I pledged to my ing change for Congress. Let each and every provide the Budget Committee with jurisdiction constituents that we would restore ac- one of us here in Congress today recommit over the following: process changes in Federal countability and responsibility to the ourselves to keeping the promise made in the rescission or impoundment authority; process U.S. House of Representatives. Today H 46 CONGRESSIONAL RECORD — HOUSE January 4, 1995 we embark on that journey. The Amer- The American people know that ing this in a fair and judicious manner ican people were sincere in their de- wasteful, inefficient Government here today or explain why it was not mand for change for this country, and spending, leading to huge deficits and addressed in this rule change. their Government in particular. debts, is not an acceptable legacy to Here is something that is important In response to this clarion call for a leave our children and our grand- to the American people. As small busi- change, the 104th Congress will not just children. nesses are tightening their belts, farm- change its politics, but more impor- This rule change does three signifi- ers are trying to make decisions to in- tantly, we will restore the bonds of cant things: vest now or cut back for investments trust between the people and their First and most important, it fulfills later, families are sitting down at the elected representatives. If we are to promises made by myself and many of end of every month to make decisions change the Federal Government as the my colleagues to the American people. on their budgets, and many of us are American people have asked us to do, This starts the long process of restor- cutting back on our personal staffs, then we must begin with ourselves. We ing the integrity of this institution why can there not be a provision in can not and must not ask any depart- that was envisioned by our Founding this bill to allow that money to go di- ment or branch of Government to do Fathers. rectly to the U.S. Treasury? That anything that we are not willing to do Second, this rule forces Members of might encourage other Members to do ourselves. Congress to set an example for the rest so. It will take a smaller Congress and of Government. This institution can The SPEAKER pro tempore. The committee structure that can act deci- and will be run more efficiently. time of the gentleman from California sively to accomplish all of the things Third, this rule will save the tax- [Mr. THOMAS] has expired. that will be necessary to fulfill our payers of this Nation millions of dol- Mr. ROEMER. Do I get an answer, Contract With America in the next 99 lars annually. Mr. Speaker? days. It is an honor and a privilege to serve The SPEAKER pro tempore. The A streamlined Congress is integral to our country as a part of this Congress. time of the gentleman has expired. an efficient Congress. When this debate This privilege brings with it an awe- Mr. THOMAS. If the gentleman gets is over, this bill passed, committees some responsibility that I take very se- time on his side, I will be happy to re- riously. spond, Mr. Speaker. eliminated, and committee staff re- If we in this Congress are to bring The SPEAKER pro tempore. The duced, I am confident that the House of about the significant changes de- time of the gentleman has expired. Representatives will be a more effec- manded by the American people, we The gentleman from Michigan [Mr. tive and efficient institution. must start with ourselves. That is why CHRYSLER] is recognized to yield time. Mr. Speaker, I reserve the balance of today I speak in support of this rule Mr. CHRYSLER. Mr. Speaker, I yield my time. change designed to do what the people 1 minute to the gentleman from Vir- Mr. BONIOR. Mr. Speaker, I yield 1 have demanded—make a smaller Gov- ginia [Mr. DAVIS]. minute to the distinguished gentleman ernment that runs more efficiently and (Mr. DAVIS asked and was given per- from Illinois [Mr. EVANS]. costs less. mission to revise and extend his re- Mr. EVANS. Mr. Speaker, a vote for Mr. BONIOR. Mr. Speaker, I yield 2 marks.) the three-fifths tax proposal is a vote minutes to the distinguished gen- Mr. DAVIS. Mr. Speaker, a key in- to keep the gravy train running for fat tleman from Indiana [Mr. ROEMER]. gredient of the new Republican major- cats and millionaires. It will make it Mr. ROEMER. Mr. Speaker, I would ity’s rules package is the elimination more difficult to lift the burden off like to begin my remarks by applaud- of approximately 30 subcommittees in those who need tax relief most, work- ing the majority for a host of the re- the House of Representatives. There ing Americans. forms that they have put forward for us were 101 House subcommittees in the Under this proposal, it will be much to consider here today. Among them, 103d Congress. Today, under the new tougher to touch the $200 billion a year the reductions in committee staff, ban- Republican majority in the 104th Con- in corporate welfare that big business ning proxy voting, and limiting the gress, the House will function with 30 is handed through tax loopholes and tenure of chairmen. I think many of percent fewer subcommittees. tax exemptions, and tax fairness will these proposals are moving this Con- Fewer subcommittees will help to be harder to achieve because this pro- gress and this country in the right di- consolidate decision-making and im- posal will put a virtual lock on tax rection. pair the ability of special interests to cuts that the super-rich received in the I am disappointed, however, in an dominate the agendas of committees. 1980’s. area where there is a glaring omission The end of proxy voting in subcommit- The new majority should be embar- and a gaping inconsistency and I would tees will mean that Members of Con- rassed that it is promoting a middle- hope that we could dialog here on the gress must show up to work and vote in class tax break while pushing changes floor even though it is a closed rule to person. Further, Members will be lim- that will make it more difficult to ob- see if you might be receptive to some ited to serving on no more than four tain tax fairness. type of cooperation on this in the fu- subcommittees and, when those sub- I urge a ‘‘no’’ vote for this misguided ture. committees meet, the public will be in- proposal. I have introduced legislation in the vited. The SPEAKER pro tempore. (Mr. previous Congress, H.R. 1945, that was Mr. Speaker, the subcommittee re- WALKER). The gentleman from Michi- cosponsored by the gentleman from forms that the House will vote on gan [Mr. CHRYSLER] is in control of the Michigan [Mr. UPTON] on your side, the today will mean fewer staff, less tax- time. Does he wish to yield? gentleman from Georgia [Mr. KINGS- payer money expended on duplicative Mr. CHRYSLER. Mr. Speaker, I yield TON], the gentleman from New York and unnecessary staff and office ex- 1 minute to the gentleman from Wis- [Mr. SOLOMON] and many others that penses, less bureaucracy, less gridlock, consin [Mr. NEUMANN]. would have taken excess funds from less special interest power, and more (Mr. NEUMANN asked and was given our personal offices when we saved accountability to the voters. These re- permission to revise and extend his re- them and applied those directly to the forms are long overdue, and they de- marks.) U.S. Treasury so that we can reduce serve our support. Mr. NEUMANN. Mr. Speaker, I thank the deficit. Mr. BONIOR. Mr. Speaker, I yield the gentleman from Michigan for yield- I have returned over $650,000 in the myself 30 seconds, just to add to what ing me the time. last 4 years. I think many other Mem- the distinguished gentleman from Vir- On November 8, 1994, the American bers in this body have done better than ginia has just stated and to make the people sent a loud, clear directive to I have done and should be applauded point that the reduction in subcommit- Washington, DC. for those efforts. But I would hope that tees and full committees was started in The people have demanded a smaller this contingency fund would be ad- the last Congress by the Democratic Government that runs more efficiently dressed in this proposal. I would hope Party. We eliminated 16 subcommit- and costs less money. that you would be receptive to address- tees in that Congress again and we January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 47 also, as Members know, eliminated 4 taken away from the central source, or In 1950 this body functioned with 93 committees in that Congress as well. whether it is from the Education Com- committees and subcommittees. Today What is happening today is not new mittee, I would say to the distin- there are 185 committees and sub- but in some instances is welcomed. guished Whip we only get about 23 committees, twice as many as in 1950. Mr. Speaker, I yield 2 minutes to the cents out of every $1 down to edu- Between 1945 and 1993 the number of distinguished gentleman from New cation. I have a head of a committee committee staff grew from 159 employ- York [Mr. SCHUMER]. that is in charge of about $30 billion, ees to 2,231, an increase of more than (Mr. SCHUMER asked and was given but if I have $1 billion for say child nu- 1,300 percent. permission to revise and extend his re- trition, and I divide that into 52 States, The American people demand that marks.) and every city in that State has serv- Congress lead the way in reducing the Mr. SCHUMER. Mr. Speaker, let me ices, then I have 40 programs for chil- size of Government. The people of the say that in this package, there is really dren’s nutrition, and all of those have First Congressional District in Ken- less than meets the eye. There is not a bureaucracy which takes away the tucky and all over this country want very much wrong with it. The problem benefit. an efficient and responsive Govern- is not what is in the package but what What I am trying to do is get the ment. But good government does not is not in the package. money down to the children and into necessarily have to mean big govern- The problem is that after every one the classrooms and pay for the teach- ment. of these reforms is passed, the lives of ers. Let us eliminate the bureaucracy. That is why I stand here today to the average American will not be made support reform proposals to reduce very much better. And so any claims If Head Start works, let us get it fully funded. If child nutrition works, let us committee staff by one-third, to elimi- that the millennium has arrived be- nate three standing committees and 25 cause we have passed something like fund it. But what we need to do is to eliminate the middleman, and in this subcommittees. I urge Members’ sup- this are grossly overstated. It is not port. that it is bad, it is just that the claims case the Federal employees, the staff that is taking away and causing tax Mr. CHRYSLER. Mr. Speaker, I for it are exaggerated. would like to thank my colleague from Let us go through them one by one. dollars and, yes, Federal pensions down the line, let us eliminate them and I Michigan, Mr. DAVID BONIOR, for his Cutting committee staff by one- kind remarks. think that will help. third. Fine. But what about the mil- Mr. Speaker, I yield 4 minutes to the lions of Americans who either do not Mr. BONIOR. Mr. Speaker, I yield gentleman from California [Mr. THOM- have jobs or the tens of millions with myself 30 seconds just to say to my AS]. friend from Michigan [Mr. CHRYSLER], I job insecurity? Mr. BONIOR. Mr. Speaker, I yield 30 have not had the chance to congratu- Baseline budgeting. Great. But you seconds to the gentleman from Califor- have still got to cut. You cannot just late him. He is a new Member from our nia [Mr. THOMAS]. State, and I congratulate him on his change the baseline. (Mr. THOMAS asked and was given Term limits for committee chairmen. election and for being with us today, permission to revise and extend his re- It does not matter how long they stay. and for the outstanding way he is han- marks.) It is how good they are. If they are dling this portion of the debate. Mr. THOMAS. Mr. Speaker, I thank good, they should stay a long time. If Mr. Speaker, I yield 1 minute to the the gentleman from Michigan for yield- they are bad, three terms is too many. distinguished gentleman from Penn- ing me the time. Opening all meetings to the public. sylvania [Mr. FATTAH], another new Mr. Speaker, it is interesting that as That is already done. Member. the new minority the Democrats, in Three-fifths voting for tax increases. Mr. FATTAH. Mr. Speaker, I had not terms of complaining about process, Well, does this mean that we are going planned to speak today on the first day have failed to really address one of the to see taxes simply reduced on the in the midst of what probably appears rich? What about saying that we should more fundamental reforms which is to most Americans as partisan games- clearly in front of them. Long before not reduce taxes on people who make manship. I do, however, think there is above $250,000 without three-fifths so it we wound up winning we said that this something sinister about one particu- institution should give first, that one is harder to reduce taxes on the very lar part of this reform package, and rich and we can make sure the tax cuts of the things we should do is cut back that is on this that has been called a on the size of committees. We tried a go to the middle class who we are sup- historic day that there are Members of posedly all talking about? number of initiatives when you folks this Congress who are going to cast a were in the majority and we failed mis- b 1740 vote to deny the U.S. citizens in the erably. District of Columbia and in the terri- Audit of the House, no problem. Fi- We simply said we are going to cut nally, the remainder of the rules pack- tories their voice and their vote on the staff by one-third. Is one-third a ra- age is all rather trivial. floor of this House. tional number? Is it going to cause real So the bottom line, my colleagues, is Being a Congressman from Philadel- problems? We have discovered that it is very, very simple. This package is a phia where we see people talk about it not very difficult to cut by one-third. small step forward, fine. I welcome it being the birthplace of our democracy, We are cutting staffing by one-third. and I will vote for much of it. But any- I would not want to be silent at a mo- We are probably going to do better one who goes away saying the millen- ment like this. I think that it is wrong. than that, actually, as we assign the nium has arrived, that this is a revolu- I think as we think about the tax- numbers to the various committees. tion or that the average citizen in Peo- payers here, and the young people in We also shrank the number of com- ria, IL, or in Yakima, WA, is going to Guam and the other territories who mittees. Did we shrink enough commit- be better tomorrow because this pack- have fought and died for the freedoms tees? Did we eliminate enough commit- age has passed is sadly mistaken. of this land, for any of us to feel com- tees? We do not know. What we said Mr. CHRYSLER. Mr. Speaker, I yield fortable with casting a vote to take was at the outset we would cut them 1 minute to the gentleman from Cali- away their voice on this floor, that is by one-third. That is our initial offer. I fornia [Mr. CUNNINGHAM]. wrong. believe by the end of the 104th we are (Mr. CUNNINGHAM asked and was Mr. CHRYSLER. Mr. Speaker, I yield going to find that we can do better given permission to revise and extend 1 minute to the gentleman from Ken- than that. Democrat Members are com- his remarks.) tucky [Mr. WHITFIELD]. plaining because we do not do more. Mr. CUNNINGHAM. Mr. Speaker, I Mr. WHITFIELD. Mr. Speaker, I be- Why did they not do it when they had thank the gentleman for yielding me came a Member of the 104th Congress the chance? this time. to develop a sincere way of changing The gentleman from Indiana men- Mr. Speaker, to cut committees, Congress as we have known it through- tioned the contingent fund. He needs to whether it is a profit margin in a busi- out these years. Part of that change in- know his party eliminated the contin- ness or whether it is the burden of clos- cludes shrinking the bureaucracy with- gent fund as an appropriation item sev- ing bases or the infrastructure this has in Congress itself. eral Congresses ago. The rules changes H 48 CONGRESSIONAL RECORD — HOUSE January 4, 1995 also eliminate references to the so- directed to the United States Treasury ity to hold the majority hostage—today on called contingent fund in this section out of our accounts. tax hikes, tomorrow on economy bills, etc. It as well as in the section regarding the Mr. THOMAS. I would tell the gen- is dangerous for one side to use an improper jurisdiction of the Committee on House tleman that, as the ranking member of weapon against the other side, encouraging Oversight. No change, however, is in- the Committee on House Administra- each side to use it in the future, to the det- riment of the general welfare. tended regarding the Committee on tion in the last Congress, I have Sincerely, Oversight’s jurisdiction over the ac- worked over the years to make sure JAMES MACGREGOR BURNS, counts that comprised the contingent that the Members’ accounts were not Woodrow Wilson Professor of fund. Similarly regarding privileged re- only more flexible but that there was Government, Emeritus. ports, the Committee on Oversight will not more spending than was necessary. Mr. BONIOR. Mr. Speaker, I yield 1 continue to have leave to report at any As the chairman of the Committee on minute to the distinguished gentleman time on matters of expenditure of the House Oversight, which is the continu- from Georgia [Mr. DEAL]. accounts that comprised the contin- ation of the former Committee on Mr. DEAL. Mr. Speaker, I thank the gent fund, such as the committee fund- House Administration, your concern gentleman for yielding me this time. ing resolution. about Members’ accounts is going to be Mr. Speaker, I rise in support of this The gentleman from Indiana wanted addressed by this new majority, and amendment. to know why if he saved money out of legislation is being drafted as we speak Mr. Speaker, people all over this his account it could not be returned to to get to a problem which we have both the Treasury. I will tell the gentleman shared under the previous majority, we country now are contemplating going that I am sympathetic with that posi- tried to get them to change over and on a diet after feasting during the holi- tion, but it is much more difficult than over again and they would not. day season. I think it is only appro- that, because in the past the Appro- We are going to. priate that this body consider doing priations Committee did not fund 100 Mr. BONIOR. Mr. Speaker, I yield 1 the same thing. percent of the expenditures available minute to the distinguished gentle- Two years ago there were some 2,231 to Members. They funded about 90 per- woman from California [Ms. PELOSI]. House committee staffers. That is more cent of it, assuming Members would Ms. PELOSI. Mr. Speaker, I rise in than five committee staff people for not spend the 100 percent amount. If opposition to the proposed House rule every Member of this body. the gentleman spent 85 percent, he was to impose a supermajority—60 percent In the next few months we are going funding those who spent 95 percent, of Members voting—requirement for to be asking the American people to go and therefore if every Member spent tax rate increases. I believe this pro- on a diet as we seek to reduce Federal the maximum amount available to posed rule is inconsistent with the oath spending and cut back on Federal pro- them, in fact, that fund would be over- we took earlier today to support and grams that affect them. Have you ever spent. So in reality the Member does defend the Constitution of the United seen an advertisement for a weight loss not get a pile of money out of which States. The Constitution clearly states program where the spokesperson was they spend. There is a general amount that decisions of the Congress are to be overweight? How can we, with any available. The Members draw on that based on majority rule. This proposed sense of responsibility, talk about a amount, and that amount is signifi- House rule is in clear violation of the balanced budget and deficit reductions cantly less than the total amount constitutional principle of majority unless we first show some responsibil- available for all Members to spend. rule which is at the core of our democ- ity in reducing the size of House com- I am more than willing to work with racy. mittee staffs and, in the process, save the gentleman in trying to resolve the Mr. Speaker, this Congress will con- approximately $30 million per year in problem of Members who husband their sider fundamental issues about taxing the process? resources in a meaningful way, having and spending. Such decisions are the I rise in support of this proposal. it go to a worthwhile cause more so central responsibility of a democrat- Mr. BONIOR. Mr. Speaker, I yield the than someone else who is more prof- ically elected Congress. remainder of my time, 1 minute, to the ligate with the taxpayers’ money. I am This proposed rule is designed to gentleman from Texas [Mr. BENTSEN]. open to any suggestions and am more stack the deck against tax increases (Mr. BENTSEN asked and was given than willing to work with the gen- for the wealthiest Americans while at permission to revise and extend his re- tleman from Indiana to carry out the the same time imposing no such re- marks.) goal and the thrust of his concern, and quirement for increased user fees or ex- Mr. BENTSEN. I applaud the House that is to make sure that Members who cise taxes, which disproportionately af- for undertaking these proposals, many husband the taxpayers’ resources some- fect low and middle income Americans. of which I campaigned for and many of how get rewarded instead of being fod- As a result, progressive taxation would which I support and will support today. der for those who overspend. require a supermajority while regres- But I have to agree with my col- Mr. ROEMER. Mr. Speaker, will the sive taxation would not. The Repub- league from Indiana that I think we gentleman yield? lican Party has a long history of acting should include his legislation to make Mr. THOMAS. I yield to the gen- to protect the wealthiest Americans at some of these cuts real. tleman from Indiana. the expense of average Americans. This Unlike my colleagues in the major- Mr. ROEMER. Mr. Speaker, I am proposal is Republican business as ity, I have gone beyond supporting cuts happy with the gentleman’s coopera- usual. in committee staff to making cuts in tive spirit here, but would say he is WILLIAMS COLLEGE, my personal staff, and that is hard to willing to tackle the committee staff Williamstown, MA, January 3, 1995. do as a new Member. I think it is im- reductions, and I applaud that and will Hon. NEWT GINGRICH, portant, and like my new colleague vote for that, but we should also tackle House of Representatives, from Kentucky who spoke from the Washington, DC. the personal staff issue. For Members other side of the well said today, it is DEAR MR. GINGRICH: As a fellow historian important we show the American peo- like myself and many others who have and political scientist, may I urge you not to returned $650,000 through the years, we go ahead with the proposal to amend rules to ple we are willing to lead on cutting do not want that money spent on other require a three-fifths vote to increase in- the deficit. I have taken that; the gen- Members going over their mail ac- come tax rates. tleman from Indiana has offered legis- counts. As a matter of principle, majority rule lies lation which would do that, and I think at the heart of our democracy. It is the most we should include it. b 1750 representative process; and departure from it Mr. CHRYSLER. Mr. Speaker, I yield When you decipher what you have grants authority to a minority—the antith- myself 30 seconds, the remainder of my just said, we want to be able to have esis of democratic society. time. As a matter of practicality it is the most that money go to the U.S. Treasury, representative process that also permits de- Today we will put an end to confus- and a simple sentence in this provision, cisive action, under a two-party system. ing, overlapping committee jurisdic- if it was not a closed rule, could say As a matter of propriety, bypassing major- tions. Three full committees and 25 unspent personal office funds shall be ity rule would set a precedent for any minor- subcommittees will be eliminated; January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 49 today we will cut staff 34 percent, sav- Lewis (GA) Oxley Smith (MI) PERSONAL EXPLANATION Lewis (KY) Packard Smith (NJ) ing the taxpayers almost $45 million. Lightfoot Pallone Smith (TX) Mr. CLINGER. Mr. Speaker, I regrettably I am pleased to be part of the begin- Linder Parker Smith (WA) missed rollcall vote No. 6, requiring committee ning of this process. Lipinski Pastor Solomon staff reductions of 33 percent. If I had been The SPEAKER pro tempore. The Livingston Paxon Souder LoBiondo Payne (NJ) Spence present, I would have voted ``yea.'' time of the gentleman has expired. All Lofgren Payne (VA) Spratt I strongly support section 101 of the House time has expired. Longley Pelosi Stark Rules committee reducing committee staff by The question is on section 101 of the Lowey Peterson (FL) Stearns Lucas Peterson (MN) Stenholm one-third. As chairman of the Government Re- resolution. Luther Petri Stockman form and Oversight Committee, I feel this is a The question was taken; and the Maloney Pickett Stokes reasonable provision that allows Congress to Speaker pro tempore announced that Manton Pombo Studds set an example while saving tax dollars. Al- the ayes appeared to have it. Manzullo Pomeroy Stump Markey Porter Stupak though the Government Reform and Oversight Mr. CHRYSLER. Mr. Speaker, I de- Martinez Portman Talent Committee absorbed the Government Oper- mand the yeas and nays. Martini Poshard Tanner ations, District of Columbia, and Post Office The yeas and nays were ordered. Mascara Pryce Tate and Civil Service Committees, we have suc- The vote was taken by electronic de- Matsui Quillen Tauzin McCarthy Quinn Taylor (MS) cessfully managed to cut the committee's staff vice, and there were—yeas 416, nays 12, McCollum Radanovich Taylor (NC) by nearly 50 percent without jeopardizing its not voting 5, as follows: McCrery Rahall Tejeda McDade Ramstad Thomas capacity to carry out its legislative and over- [Roll No. 6] McDermott Rangel Thompson sight functions. I support this measure be- YEAS—416 McHale Reed Thornberry McHugh Regula Thornton cause it sends a strong signal to the American Ackerman Costello Goodling McInnis Reynolds Thurman people that we are serious about making the Allard Cox Gordon McIntosh Richardson Tiahrt Andrews Coyne Goss Federal Government cost less and work bet- McKeon Riggs Torkildsen Archer Cramer Graham McKinney Rivers Torres ter. Armey Crane Green McNulty Roberts Torricelli The SPEAKER pro tempore (Mr. Bachus Crapo Greenwood Meehan Roemer Towns Baesler Cremeans Gunderson DREIER). Section 102 is now debatable Menendez Rogers Traficant Baker (CA) Cunningham Gutierrez for 20 minutes. Metcalf Rohrabacher Tucker Baker (LA) Danner Gutknecht Meyers Ros-Lehtinen Upton The gentleman from South Carolina Baldacci Davis Hall (OH) Mfume Rose Vento Ballenger de la Garza Hall (TX) [Mr. SANFORD] will be recognized for 10 Mica Roth Visclosky Barcia Deal Hamilton minutes, and the gentlewoman from Miller (CA) Roybal-Allard Volkmer Barr DeFazio Hancock Miller (FL) Royce Vucanovich Connecticut [Ms. DELAURO] will be rec- Barrett (NE) DeLauro Hansen Mineta Rush Waldholtz Barrett (WI) DeLay Harman ognized for 10 minutes. Minge Sabo Walker Bartlett Deutsch Hastert The Chair recognizes the gentleman Mink Salmon Walsh Barton Diaz-Balart Hastings (WA) Moakley Sanders Wamp from South Carolina [Mr. SANFORD]. Bass Dickey Hayes Molinari Sanford Ward Bateman Dicks Hayworth Mr. SANFORD. Mr. Speaker, I yield Mollohan Sawyer Waters Becerra Dingell Hefley myself such time as I may consume. Montgomery Saxton Watt (NC) Beilenson Dixon Hefner Moorhead Scarborough Waxman (Mr. SANFORD asked and was given Bentsen Doggett Heineman Moran Schaefer Weldon (FL) Bereuter Dooley Herger permission to revise and extend his re- Morella Schiff Weldon (PA) Berman Doolittle Hilleary marks.) Murtha Schroeder Weller Bevill Dornan Hinchey Myers Schumer White Mr. SANFORD. Mr. Speaker, my par- Bilbray Doyle Hobson Myrick Scott Whitfield Bilirakis Dreier Hoekstra ents raised me to tell the truth. They Nadler Seastrand Wicker Bishop Duncan Hoke taught me that hiding behind mislead- Neal Sensenbrenner Wilson Bliley Dunn Holden Nethercutt Serrano Wise ing words was the same as telling a lie, Blute Durbin Horn Neumann Shadegg Wolf Boehlert Edwards Hostettler and as our Nation is threatened by the Ney Shaw Woolsey Boehner Ehlers Houghton debt as it spirals out of control, and as Norwood Shays Wyden Bonilla Ehrlich Hoyer Nussle Shuster Yates I look at my two small boys, I realize Bonior Emerson Hunter Oberstar Sisisky Young (AK) Bono Engel Hutchinson that they, and maybe even their chil- Obey Skaggs Young (FL) Borski English Hyde dren, will have to pay for our refusing Olver Skeen Zeliff Boucher Ensign Inglis Ortiz Skelton Zimmer to meet our responsibilities. Brewster Eshoo Istook Orton Slaughter The question before us though is Browder Evans Jackson-Lee Brown (CA) Everett Jacobs NAYS—12 what do we do about it? One of the Brown (FL) Ewing Jefferson Abercrombie Fattah Meek things we can do today is pass this Brown (OH) Farr Johnson (CT) Clyburn Hastings (FL) Owens rules change. Brownback Fawell Johnson (SD) Collins (MI) Hilliard Williams Bryant (TN) Fazio Johnson, E.B. As my colleagues know, for years we Dellums Johnston Wynn Bryant (TX) Fields (LA) Johnson, Sam heard about budget cuts, yet spending Bunn Fields (TX) Jones NOT VOTING—5 keeps growing bigger, Why is that? Bunning Filner Kanjorski Clinger Frelinghuysen Velazquez Burr Flake Kaptur Well, in the past, Mr. Speaker, the way Cubin Roukema Burton Flanagan Kasich Congress worked was that, if we had Buyer Foglietta Kelly b 1811 $150 billion of proposed new increases Callahan Foley Kennedy (MA) Calvert Forbes Kennedy (RI) Mr. WYNN changed his vote from and made it $50, we called that a sav- Camp Ford Kennelly ‘‘yea’’ to ‘‘nay.’’ ings of $100. My colleagues and I know Canady Fowler Kildee that’s an addition of $50. That is the Cardin Fox Kim So section 101 of the resolution was Castle Frank (MA) King agreed to. equivalent of my going down to the Chabot Franks (CT) Kingston The result of the vote was announced corner bait and tackle shop in Murrells Chambliss Franks (NJ) Kleczka as above recorded. Inlet, SC, looking at a rod on sale for Chapman Frisa Klink Chenoweth Frost Klug A motion to reconsider was laid on $50 that is normally priced at $150, and Christensen Funderburk Knollenberg the table. saying, ‘‘OK, I’ll buy it.’’ I walk home, Chrysler Furse Kolbe PERSONAL EXPLANATION walk into the house and say, ‘‘Jenny, I Clay Gallegly LaFalce just saved the family a hundred dol- Clayton Ganske LaHood Mrs. CUBIN. Mr. Speaker, with regard to Clement Gejdenson Lambert-Lincoln rollcall vote number 6 on section 101 of House lars.’’ Coble Gekas Lantos Resolution 6, I would like to clarify that I voted She says, ‘‘What are you doing with a Coburn Gephardt Largent new fishing rod?’’ Coleman Geren Latham in support of the reforms to reduce the num- Collins (GA) Gibbons LaTourette ber of committees, subcommittees and num- I hold it up an say, ‘‘It was priced at Collins (IL) Gilchrest Laughlin ber of staff. However, I was just informed that $150, and I bought it for $50. I saved the Combest Gillmor Lazio my vote was not officially recorded on the vote family a hundred dollars.’’ Condit Gilman Leach Conyers Gonzalez Levin board. I wish to make clear that I voted ``yea'' She says, ‘‘Absolutely not. You just Cooley Goodlatte Lewis (CA) on this vote. spent $50.’’ H 50 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. Speaker, passing this action is point, or baseline, for how much Con- line budgeting now we add inflation, we what the American public wants. It is gress spent on a program in 1996 would add demographic increases, we add dif- essential if this House is going to be be how much was spent in 1995 plus in- ferences in programs that may come honest with the American people, and I flation. It’s no wonder that we ran up along. But the bottom line is we do not strongly urge every Member of the $4.5 trillion in debt. look at the same dollars we had the House to support this small step to- Under this budget-speak, government year before. ward common-sense budgeting. officials claimed to propose spending It is tough to balance a budget in Mr. Speaker, I reserve the balance of cuts when they really increased spend- Washington, DC. We have authoriza- my time. ing. Because the baseline included in- tions, we have appropriations, we have Ms. DELAURO. Mr. Speaker, for pur- flation, spending cuts actually meant authorizations, we have appropria- poses of debate only, I yield 2 minutes less of an increase in spending, but no tions, we have the debt which we have to my colleague, the gentlewoman real cuts. The American people have to pay. We borrow from the Social Se- from Connecticut [Mrs. KENNELLY]. decoded Congress’ budget-speak and de- curity trust fund. We have something (Mrs. KENNELLY asked and was manded change. called tax expenditures, which is really given permission to revise and extend The 104th Congress today has an op- a way of saying that we are reducing her remarks.) portunity to make history. I encourage the amount of money we are going to Mrs. KENNELLY. Mr. Speaker, we my colleagues to pass the Truth-in- collect. And the time has come to get all want to cut the budget, we all want Budgeting Baseline Reform to force this to the point where we understand to reduce the deficit, we all want our Congress to spend hardworking tax- it. constituents to pay less taxes. But payer’s money under the same rules If we go to truth in budgeting, we are that guide the American people. eliminating baseline budgeting is not going to be like every household in the Mr. Speaker, I yield back the balance the way to go. The budget baseline pre- United States of America, we are going of my time. dicts future spending in Government to be like every business in the United Ms. DELAURO. Mr. Speaker, for pur- programs, Federal programs. It is, of States of America, we are going to be course, an account of inflation. But it poses of debate only, I yield 1 minute like virtually every other govern- also registers population changes, the to the gentlewoman from California mental budget in the United States of business cycle, interest rates, to name [Ms. HARMAN]. America. We are going to take the just a few variables. (Ms. HARMAN asked and was given permission to revise and extend her re- numbers from the year before and we b 1820 marks.) going to build our budget to that. If we It is not just the indexing of infla- Ms. HARMAN. Mr. Speaker, I rise in have to add to it, so be it, we will add tion. For example, the baseline for support of the resolution and urge its to it. But we will not be misleading the Medicare includes not only an inflation passage. American people. We will know that adjustment, but the estimate of how This measure requires that Congres- any reduction below the baseline or many people reach each year 65 years sional Budget Office (CBO) cost esti- current severance level is a real cut or old. For example, we must know and mates in committee reports compare increase, and that is what we have to have to plan for when the baby total estimated funding for a program do. boomers meet 65 as an age and they go with current spending, so we known Mr. Speaker, I hope we will all sup- on Medicare. It is very significant that what the real increases are. port this as the beginning of better we understand these numbers. But let’s be clear, this is only a budget practices in the United States The increase in defense spending, change in the numbers that must be of America. that has been proposed is before us. used in committee report language. It Mr. SANFORD. Mr. Speaker, I yield 1 But couple this with an elimination of is not a change in the existing CBO minute to the gentleman from Florida baseline budgeting, and it would result baseline—nor alone will this change ac- [Mr. MILLER]. in unprecedented cuts in discretionary tually cut spending. Mr. MILLER of Florida. Mr. Speaker, spending. The people that we represent I hope in the coming weeks that the today begins dramatic change in how have a right to know what this means. new congressional leadership will bring Government operates. For the first Mr. Speaker, I urge my colleagues to legislation to the Floor to require the time in decades, we will start talking reconsider this proposal and to instead use of an actual year spending baseline. straight with the American people continue to implement the realistic, Such a change—which was proposed in about the Federal budget. practical ways, that we have preached the last Congress and received my Every American family who must in the past. Baseline budgeting works. strong support—could significantly meet a budget understands that an in- We know where we are coming from, alter our budgeting process and reduce crease in spending means you spent we know where we are going. I urge my spending by tens-of-billions of dollars. more money than last year. Not so colleagues not to eliminate baseline In addition, I hope the new leadership here in Washington. Back in 1974 the budgeting as we do the budget in this will expedite consideration of other Congress decided to adopt baseline upcoming fiscal year. budget process reforms like the Deficit budgeting—an arcane concept that al- Mr. SANFORD. Mr. Speaker, I yield 1 Reduction Lockbox, which can signifi- lowed Government to grow on auto- minute to the gentleman from Texas cantly reduce our budget deficit. pilot for two decades. Here in Washing- [Mr. SMITH]. There may be a change in the par- ton an increase in Federal spending is Mr. SMITH of Texas. Mr. Speaker, I tisan numbers in the Congress, but the considered a cut in spending unless it thank the gentleman for yielding time budget deficit math has not changed. exceeds the estimated increase in cost. to me. Working together in bipartisan fashion That’s like the perennially overweight Mr. Speaker, today we vote on the to sustain the recent significant down- man who figures he’ll gain 30 pounds first step necessary to end the Alice in ward reduction of the deficit will be this year—and when it turns out he Budgetland spending practices that major test of the credibility of this new only gained 10 he announces he’s lost 20 have wasted the American people’s tax Congress. That work begins today. pounds. dollars and threaten our children’s fu- Mr. SANFORD. Mr. Speaker, I yield 1 But today, Mr. Speaker, all that de- ture. Congressman SANFORD’s leader- minute to the gentleman from Dela- ception stops. From now on, an in- ship in introducing the Truth in Budg- ware [Mr. CASTLE]. crease in spending will be called an in- eting Baseline Reform will require Mr. CASTLE. Mr. Speaker, I thank crease in spending. If we spend $1.4 tril- Congress to live according to the same the gentleman for yielding. lion this year and plan to spend $1.5 spending rules that govern the Amer- Mr. Speaker, this is a very simple trillion next year, we’ll call that ex- ican people. matter dealing with baseline budgeting actly what is—a $100-billion increase in Before today, the budget process as- versus the truth in budgeting which we spending. Sounds simple, but here in sumed that spending would increase are trying to get done here. I think the Washington it is revolutionary. from year to year, regardless of new American public needs to understand Mr. SANFORD. Mr. Speaker, I yield 2 laws. Under the old rules, the starting with what we are dealing. In our base- minutes to the distinguished chairman January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 51 of the Committee on the Budget, the grams from year to year. We also look (Mr. PARKER asked and was given gentleman from Ohio [Mr. KASICH]. at what has happened in appropriations permission to revise and extend his re- Mr. KASICH. Mr. Speaker, I do not and spending in relationship to infla- marks.) want to oversell what we are trying to tion. We also at other times look at the Mr. PARKER. Mr. Speaker, I rise in do here today. What essentially we are relationship of expenditures to the support of section 102 of the rules pack- talking about is presentation. And gross national product. They are all le- age which addresses baseline budget- presentation is important, it is like gitimate analyses of what is happening ing. As a member of the Budget Com- language. If you do not communicate to the Federal budget. mittee, I have strongly advocated the in terms that people can understand, Somehow my Republican friends elimination of baseline budgeting and they get very confused. And this is the seem to think that we should never supported passage of the Full Budget first small step at being able to explain consider the impact of inflation on Disclosure Act last August which ac- to the American people precisely what Federal spending. Any family that complished that goal. This change in we are doing with spending. looks at their budget, if their salary is the House Rules reflects a provision Now, when you are talking about dis- frozen for a number of years, and the contained in that bill, which passed the cretionary spending, that is not the cost of food goes up, the cost of cloth- House although it failed to clear the confusing part of this whole budget ing goes up, the cost of gasoline goes Senate. process, because there is no assumption up, it is obvious that they have fewer that we will spend more next year than dollars to purchase fewer goods and The use of a baseline in calculating the previous year as driven by law. But services. the national budget is confusing at when you are talking about entitle- The same is true of the Federal Gov- best, and downright fraudulent at ments, if you assume you are going to ernment. We measure them in a vari- worst. With this rule change we will spend $7 on a Medicaid program and ety of ways, and my friends on the simply rely on actual prior year spend- the next year you are going to spend other side like particularly to use in- ing levels, for comparison purposes, $10 instead of $13 on a Medicaid pro- flated baseline when we talk about de- when calculating spending increases or gram, the presentation now shows that fense. The truth is that defense budget decreases for the next fiscal year. This as a $3 cut. What we wanted to say is authority peaked in 1985. Adjusted for is logical, sensible, and a proposal wor- last year we spent $7 and this year we inflation, it has been cut by 35 percent. thy of strong bipartisan support. I urge are going to spend $10. We do not want Unadjusted for inflation, it has been a ‘‘yes’’ vote on this provision. to list it in terms of the difference. We cut by 10 percent. Mr. SANFORD. Mr. Speaker, I yield want to list it in terms of the total I tend to hear when we get that de- 30 seconds to the gentleman from amount of dollars being spent. We bate, my friends on the right use the Michigan [Mr. SMITH]. think that is a far more accurate way baseline number, my friends on the left Mr. SMITH of Michigan. Mr. Speak- of presenting things. use the unadjusted baseline. The truth er, the previous chairman of the Com- I do not think the minority, and that is both are active. mittee on the Budget, the gentleman is the first time I have had a chance to This is a harmless amendment, but it from Minnesota [Mr. SABO], has indi- say that this year, ‘‘the minority,’’ I do does not do anything significantly dif- cated correctly that this is a good not think they have any real objection ferent. It is not a new truth in budget- start, and the gentleman from Ohio to that. ing amendment. [Mr. KASICH] has indicated he is going I want to say to the gentlewoman Ms. DELAURO. Mr. Speaker, I re- to introduce the bill that is going to go from California [Ms. HARMAN], that I in serve the balance of my time. fact do intend to come with a real pro- all the way. This is not truth in budg- Mr. SANFORD. Mr. Speaker, I yield 1 eting, but at least it is truth in the posal that would repeal baselines and minute to the gentleman from Ohio get us to this concept of zero-based way we report the budget to the Amer- [Mr. HOKE]. ican people, not pretending that there budgeting without an assumption that Mr. HOKE. Mr. Speaker, today we are every year we have to spend more. is a deficit reduction when actually going to accomplish a great thing for The bottom line is, this is the first there is a spending increase. the American people. We are going to step toward providing a more simple Ultimately, we are going to get our stop using phony numbers in the Fed- way for Americans to understand how bill that this House passed through the eral budget process. We are going to re- their money is being spent, and it is a Senate, and it is going to become law. quire that the Congressional Budget very important step that we need to That is the ultimate goal of this first Office makes its financial projections make on this first day. step. the same way that American families Ms. DELAURO. Mr. Speaker, I yield b 1830 and American businesses do. back the balance of my time. If we propose to spend more taxpayer I would urge the House to approve Mr. SANFORD. Mr. Speaker, I yield money on a program in 1995 than we this legislation. Let us make the first the remainder of my time to the gen- spent in 1994, we will have to call it a step toward communicating with the tleman from California [Mr. COX]. spending increase. Politicians will be American people in terms that they The SPEAKER pro tempore. The gen- forced to use the English language with can understand. tleman from California [Mr. COX] is the same meanings that working Ms. DELAURO. Mr. Speaker, for pur- recognized for 2 minutes to close de- poses of debate only, I yield 2 minutes Americans do. Ultimately, when politi- cians can no longer deceive voters with bate. to the gentleman from Minnesota [Mr. Mr. COX. Mr. Speaker, I am delighted SABO]. words that lie, when politicians can no to be here in support of abolishing the (Mr. SABO asked and was given per- longer claim as spending cuts what are practice of baseline budgeting, which is mission to revise and extend his re- in fact spending increases, when politi- the accounting gimmick by which for marks.) cians can no longer pretend that a 20- Mr. SABO. Mr. Speaker, I am going percent increase in domestic spending so many years Congress has called a to vote for this amendment, but it has over the next 5 years is deficit reduc- spending increase a cut. This really has nothing to do with truth in budgeting tion, as the Clinton administration has gone on just last year. and all the other rhetoric I hear on for the past 2 years, then voters can Just this past year Republicans pro- how we put budgets or appropriation make their own evaluations of pro- posed reforming the State Department, bills together. Every appropriation bill grams, of budgets, and ultimately, of a regular target of reform. Under this that comes to the floor shows last the politicians who create them, with reform proposal, actual spending on year’s appropriation, this year’s appro- the clarity and the confidence that State Department functions would priation, and normally, the President’s they need to make independent, intel- have increased by $25 million year to request, no baseline. ligent, and informed choices. year, but the opponents of the reform When we consider what has happened Ms. DELAURO. Mr. Speaker, for pur- cried ‘‘foul.’’ They said, ‘‘You are historically to budgets, we do look, and poses of debate only, I yield 1 minute spending less money, you are slashing one measurement is what has happened to the gentlemen from Mississippi [Mr. the budget of the State Department by to actual changes in dollars in pro- PARKER]. $77 million.’’ One person’s increase is H 52 CONGRESSIONAL RECORD — HOUSE January 4, 1995 another person’s cut. There is no com- Cooley Hilleary Moorhead Talent Traficant Weller Costello Hinchey Moran Tanner Tucker White mon denominator. Cox Hobson Morella Tate Upton Whitfield How does this work? Let me Coyne Hoekstra Murtha Tauzin Velazquez Wicker demystify it. We just finished New Cramer Hoke Myers Taylor (MS) Vento Williams Year’s Day and a lot of people spent Crane Holden Myrick Taylor (NC) Visclosky Wilson Crapo Horn Neal Tejeda Volkmer Wise time in front of their television sets Cremeans Hostettler Nethercutt Thomas Vucanovich Wolf eating take-out pizza. Cubin Houghton Neumann Thompson Waldholtz Woolsey Let us imagine last year on New Cunningham Hoyer Ney Thornberry Walker Wyden Year’s Day you ate five pieces of pizza. Davis Hunter Norwood Thornton Walsh Wynn de la Garza Hutchinson Nussle Thurman Wamp Young (AK) This year, it was so much fun last year, Deal Hyde Oberstar Tiahrt Ward Young (FL) you decided to eat 10 pieces of pizza. DeFazio Inglis Obey Torkildsen Waters Zeliff Your friends told you that would be DeLauro Istook Olver Torres Watt (NC) Zimmer Torricelli Weldon (FL) truly piggish, you ought to cut back, so Dellums Jackson-Lee Ortiz Deutsch Jacobs Orton Towns Weldon (PA) you settle on seven. Diaz-Balart Jefferson Owens NAYS—6 Under baseline budgeting you can Dickey Johnson (CT) Oxley claim to have slashed your pizza con- Dicks Johnson (SD) Packard Collins (MI) Hilliard Nadler Dixon Johnson, E. B. Pallone Dingell Kennelly Waxman sumption by 30 percent because you are Doggett Johnson, Sam Parker only having 7 pieces instead of the 10 Dooley Johnston Pastor NOT VOTING—6 that you want. Doolittle Jones Paxon Clay Funderburk Yates What we are going to say in this re- Dornan Kanjorski Payne (NJ) Danner Gingrich Doyle Kaptur Payne (VA) DeLay Salmon form is, you are increasing your pizza Dreier Kasich Pelosi consumption 40 percent. Be honest Duncan Kelly Peterson (FL) b 1854 with yourself. You are having seven Dunn Kennedy (MA) Peterson (MN) Mr. MINETA and Mr. JOHNSTON of this year instead of the five you had Durbin Kennedy (RI) Petri Edwards Kildee Pickett Florida changed their vote from ‘‘nay’’ last year. Ehlers Kim Pombo to ‘‘yea.’’ That is real budgeting, real figures, Ehrlich King Pomeroy So section 102 of the resolution was Emerson Kingston Porter something the American people can un- agreed to. derstand. Engel Kleczka Portman English Klink Poshard The result of the vote was announced Thomas Jefferson once noted ‘‘He Ensign Klug Pryce as above recorded. who permits himself to tell a lie once Eshoo Knollenberg Quillen A motion to reconsider was laid on Evans Kolbe Quinn finds it much easier to do so a second the table. and a third time. The falsehood of the Everett LaFalce Radanovich Ewing LaHood Rahall PERSONAL EXPLANATION tongue leads to that of the heart, and Farr Lambert-Lincoln Ramstad Mr. FUNDERBURK. Mr. Speaker, I inad- in time, depraves all good disposi- Fattah Lantos Rangel vertently missed rollcall no. 7 regarding the tions.’’ Fawell Largent Reed Fazio Latham Regula reform of baseline budgeting. I was with the Mr. Speaker, Jefferson was right. The Fields (LA) LaTourette Reynolds Republican Whip, TOM DELAY, and because baseline is a lie. It is one that has Fields (TX) Laughlin Richardson my beeper malfunctioned I was not aware eaten away at the credibility of this Filner Lazio Riggs that a vote was taking place. Had I been on Congress. It is time we repeal the prac- Flake Leach Rivers the floor, I would have voted ‘‘aye’’ on Roll- Flanagan Levin Roberts call no. 7. tice forthwith. I am delighted to be Foglietta Lewis (CA) Roemer here urging my colleagues to vote aye Foley Lewis (GA) Rogers The SPEAKER pro tempore (Mr. EM- on this important reform. Forbes Lewis (KY) Rohrabacher ERSON). Section 103 of the resolution is Ford Lightfoot Ros-Lehtinen now debatable for 20 minutes. The SPEAKER pro tempore. All time Fowler Linder Rose for debate on section 102 has expired. Fox Lipinski Roth The gentleman from Washington [Mr. The question is on section 102 of the Frank (MA) Livingston Roukema NETHERCUTT] will be recognized for 10 resolution. Franks (CT) LoBiondo Roybal-Allard minutes, and the gentleman from West Franks (NJ) Lofgren Royce Virginia [Mr. WISE] will be recognized The question was taken; and the Frelinghuysen Longley Rush Speaker pro tempore announced that Frisa Lowey Sabo for 10 minutes. the ayes appeared to have it. Frost Lucas Sanders The Chair recognizes the gentleman Mr. SANFORD. Mr. Speaker, on that Furse Luther Sanford from Washington [Mr. NETHERCUTT]. Gallegly Maloney Sawyer Mr. NETHERCUTT. Mr. Speaker, I I demand the yeas and nays. Ganske Manton Saxton The yeas and nays were ordered. Gejdenson Manzullo Scarborough yield myself such time as I may The vote was taken by electronic de- Gekas Markey Schaefer consume. vice, and there were—yeas 421, nays 6, Gephardt Martinez Schiff (Mr. NETHERCUTT asked and was Geren Martini Schroeder not voting 7, as follows. Gibbons Mascara Schumer given permission to revise and extend Gilchrest Matsui Scott his remarks.) [Roll No 7] Gillmor McCarthy Seastrand Mr. NETHERCUTT. Mr. Speaker, it Gilman McCollum Sensenbrenner is a privilege to stand here today as a YEAS—421 Gonzalez McCrery Serrano Abercrombie Bevill Buyer Goodlatte McDade Shadegg new Member of this House as we em- Ackerman Bilbray Callahan Goodling McDermott Shaw bark upon a momentous change pro- Allard Bilirakis Calvert Gordon McHale Shays grammed to reform the Congress and Andrews Bishop Camp Goss McHugh Shuster Archer Bliley Canady Graham McInnis Sisisky our Government. The people of the Armey Blute Cardin Green McIntosh Skaggs State of Washington have sent me here Bachus Boehlert Castle Greenwood McKeon Skeen to participate in this historic Congress Baesler Boehner Chabot Gunderson McKinney Skelton which begins its first day specifically Baker (CA) Bonilla Chambliss Gutierrez McNulty Slaughter Baker (LA) Bonior Chapman Gutknecht Meehan Smith (MI) fulfilling the pledge of the Contract Baldacci Bono Chenoweth Hall (OH) Meek Smith (NJ) With America by reforming our own Ballenger Borski Christensen Hall (TX) Menendez Smith (TX) workplace before we enact other re- Barcia Boucher Chrysler Hamilton Metcalf Smith (WA) Barr Brewster Clayton Hancock Meyers Solomon form measures. Barrett (NE) Browder Clement Hansen Mfume Souder b Barrett (WI) Brown (CA) Clinger Harman Mica Spence 1900 Bartlett Brown (FL) Clyburn Hastert Miller (CA) Spratt As part of this great beginning, I rise Barton Brown (OH) Coble Hastings (FL) Miller (FL) Stark Bass Brownback Coburn Hastings (WA) Mineta Stearns today in strong support of section 103 Bateman Bryant (TN) Coleman Hayes Minge Stenholm of the contract for a new House, which Becerra Bryant (TX) Collins (GA) Hayworth Mink Stockman will limit the Speaker to four consecu- Beilenson Bunn Collins (IL) Hefley Moakley Stokes tive terms and committee and sub- Bentsen Bunning Combest Hefner Molinari Studds Bereuter Burr Condit Heineman Mollohan Stump committee chairmen to three consecu- Berman Burton Conyers Herger Montgomery Stupak tive terms. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 53 Today term limits are not thought of fully participate in the process of this cal reference, which is that the Demo- as radical or controversial and, indeed, institution, and most effectively rep- cratic Party has not had problems lim- many States have enacted some kind of resent the interests of their congres- iting terms when those Chairs have term-limits legislation including my sional districts and the interests of proven or fallen short of the perform home State of Washington. What America. standards that we felt we needed to set. makes our actions today extraor- So, Mr. Speaker, I think that this is For instance, I know that in my life- dinarily novel is our willingness to an important bipartisan effort, and I time here I have seen the year when change practices of the past by decen- appreciate the opportunity that we three full committee Chairs were re- tralizing the House’s power structure now have this evening to cast a vote on moved from their positions by the ac- away from committee chairmen with this and hopefully implement this as a tion of the Democratic caucus. I have virtually lifetime appointments in reform in our body. seen in other Caucuses lesser numbers favor of individual Members. This re- Mr. NETHERCUTT. Mr. Speaker, I of Chairs removed because, for what- form is also at the heart of the strat- yield 2 minutes to the gentleman from ever reasons, the caucus felt that they egy for conservative governance that Georgia [Mr. LINDER]. were not performing the job as well as we will pursue in the first 100 days of Mr. LINDER. Mr. Speaker, I thank they could or perhaps there was some- this new Congress as we seek the devo- the gentleman for yielding me this one else that needed to perform it. lution of authority from Federal law- time. Be that as it may, if the Republican makers and bureaucrats back to indi- Mr. Speaker, I appreciate being given Party feels that it needs to have some vidual citizens, a reenergized civil soci- the time to speak on the important kind of hard, ironclad agreement be- ety, if you will. issue of term limits for committee cause it will not take the steps that No more will the House of Represent- chairmen. It is an issue in which I have are really necessary for all of us to atives be charged with stifling public been involved for over 2 years and am take because there are times you do debate and restricting innovative pleased that we now have the oppor- need to suck it up and just go out and ideas. In the watershed November elec- tunity to consider and pass this fun- say to somebody, ‘‘The time is over; tions, the citizens of our Nation con- damental and much-needed reform. you are not doing the job that we ex- ferred upon us the authority to seri- The current system of unlimited pect of you.’’ ously reduce the size and scope of Gov- terms for committee chairmen created But as I say, if the majority party ernment. an unjust situation in Congress, for up wants to do that, that is its business. Mr. Speaker, more than 200 years until the recent elections, power had I suppose I do have one concern. The ago, after his great victories in the become far too concentrated and en- concern is this: If this is true term lim- Revolutionary War, Gen. George Wash- trenched. A handful of Members were its, and it is term limits of three terms ington won the admiration of the world able to dictate the legislative agenda, of committee Chairs, then I do not un- by resigning his commission and dem- frequently based on efforts to protect derstand why the Speaker receives a onstrating his commitment to democ- committee turf or consolidate power of fourth term. Because why is the Speak- racy. In this great tradition of selfless chairmen. Consequently, the commit- er treated differently than the commit- leadership, I urge my colleagues on tee structure became mired in a stag- tee chairs? Because this is a closed both sides of the aisle to vote yes to nant existence completely out of touch rule, we are not able to offer the adopt the resolution to limit the terms with the American people. amendment that would say that every- of the Speaker and committee chair- Republicans have long recognized the body is in the same boat, everybody is men and subcommittee chairmen to problems with unlimited terms for limited in the same manner, and there demonstrate to the American people committee chairmen. In December 1992 is also something I do not understand. our commitment to democracy. I introduced a rule to the Republican If later many Members decide to enact Mr. Speaker, I reserve the balance of rules package to limit the ranking mi- or try to enact a term limit on Mem- my time. nority members to three terms as bers that would be 6 years, am I led to Mr. WISE. Mr. Speaker, I yield 2 min- ranking member of a committee. The believe then the Speaker can serve utes to the gentleman from Minnesota rule was adopted by the Republican longer than the Members serve? [Mr. MINGE]. Conference and was called by the New At any rate, these are questions not Mr. MINGE. Mr. Speaker, this York Times and the Washington Post answered in this and, because this is a evening we have the opportunity to im- the Linder rule. relatively closed rule, we are not able plement a reform that is being de- Now the Republicans have gained the to offer an amendment to square that manded by America. Term limits of majority in the House of Representa- and to bring it to some sort of logical committee chairs and subcommittee tives. It is time for the whole House to nexus. chairs is something that has arrived in adopt this rule and limit the terms of At any rate, as I say, we in the terms of American political thought. all committee chairmen to three con- Democratic Party have removed Chairs This is not directed towards any par- secutive terms. when we felt it was necessary. Now it ticular committee Chair or subcommit- Adopting this measure would help is felt that apparently there needs to tee Chair. However, it is a part of try- put an end to the cozy relationships be some kind of ironclad limitation. ing to constantly improve and renew with special interests, enhance free Mr. SPEAKER. I reserve the balance the American political process. flow of new and innovative ideas and of my time. Imposing term limits on those that bring an end to an iron-fisted ruling in Mr. NETHERCUTT. Mr. Speaker, I serve in leadership capacity will broad- Congress by a very few people. yield 1 minute to the gentleman from en the base of experience and expertise I am gratified that this limit on the Illinois [Mr. PORTER]. of people that provide the all-impor- tenures of committee chairmen is in- Mr. PORTER. Mr. Speaker, 2 years tant leadership in this institution. By cluded in the rules package of the 104th ago, at the opening of the 103d Con- rotating the leadership, we are turning Congress. I believe that it truly rep- gress, upon my initiative, Republicans it over. We are bringing in fresh blood resents the fundamental change in the proposed to limit the time a Member new ideas, new ways of thinking. We status quo that the American people could chair a committee. Democrats can be more responsive to the needs of voted for last November 8. rejected this initiative, which would America. We can also avoid the paro- I urge its passage. have applied to their chairs. Today, Re- chial service that has occasionally oc- Mr. WISE. Mr. Speaker, I yield my- publicans again offer term limits for curred when a person is focused on his self such time as I may consume. chairs—of committees and subcommit- narrow area. Mr. Speaker, I have a great deal of tees—and it will now apply to us, the It also breaks down what might be ambivalence about this particular pro- new majority party. characterized as cozy relationships vision. This initiative will do much off what that can build up over an extended pe- If the majority party, the Republican congressional term-limiters want to ac- riod of time, and assures that we have Party, wants to limit the terms of its complish: it will break up the long- the freshness, the openness, and the ac- chairs and the Speaker, that is their term power fiefdoms of committee and cess that all Members need in order to business. I would just make a histori- subscommittee chairs that often lead H 54 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Members to be elected over and over limit effort. Who would have thought 2 I have also had the honor of serving again when otherwise they would have years ago, when I came to this body, for 2 years as chairman of a sub- been retired. It will mean a chair will that we would be voting today on a committee which the gentleman from have just 6 years to work his or her rule that would limit committee chair- Washington is going to serve on now, agenda, then move on. men to three 2-year terms. What in- the Subcommittee on Agriculture Ap- But, it will leave to the people the credible progress for the term limit ef- propriations. final decision as to whether a Member fort, and I have to say, too, it is very That subcommittee, one of the small- should continue to represent them in important as an indication of what is er appropriations subcommittees, ap- Congress, where our founders believed in this Contract for America and the propriates $67 billion a year. We have that decision should be left under the exciting things we can do if we stick to three staff people. I can literally tell Constitution. the contract. you that it takes years to get your It will mean a far more dynamic The second observation I have for arms around the Department of Agri- body, one less in thrall to special inter- any Members who are somewhat ques- culture, with 125,000 employees spread ests, one more attuned to the interests tioning whether we need to do this, a all over the world, and the Food and of the Nation as a whole. look at the statistics about the average Drug Administration, with its massive I suspect the Democrats will strongly stay of the Members of the leadership responsibility. support this initiative now that it ap- of the old Congress. According to the plies to Republic chairs. It is only sad Term Limits Legal Institute, the aver- I felt, after several years of service that they could not have supported it 2 age American keeps his or her job 6 there, that I was prepared to take over years ago and been leaders in reform- years. The average Member of Congress the chairmanship. I think that with ing this body rather than obstructors. keeps his or her job 10 years. But the the then-ranking minority member, JOE SKEEN of New Mexico, we did a b 1910 average Member of the leadership in the old Congress kept his or her jobs good job. We cut back on some wasteful The SPEAKER pro tempore (Mr. EM- for 28 years. spending, we saved some money for ERSON). Does the gentleman from West That is why we need to limit com- taxpayers, we were able to get beyond Virginia seek recognition? mittee chairmen to three 2-year terms, the bureaucratic background noise and Mr. WISE. At this time Mr. Speaker and that is why we have got a historic yet down to the business of really ap- we have no additional speakers. opportunity right here right, right propriating in a responsible manner. Mr. Speaker, I reserve the balance of now, to have real reform in this House. Now, of course, because of the verdict my time. Mr. WISE. Mr. Speaker, I yield 1 of the voters on November 8, our roles Mr. NETHERCUTT. Mr. Speaker, I minute to the gentleman from Texas have changed. JOE SKEEN of New Mex- yield 1 minute to the gentleman from [Mr. GENE GREEN]. ico will be chairman of the subcommit- Massachusetts [Mr. TORKILDSEN]. (Mr. GENE GREEN of Texas asked tee, and I will be ranking minority Mr. TORKILDSEN. Mr. Speaker, I and was given permission to revise and rise today as an incoming subcommit- member. I will look forward to working extend his remarks.) tee chairman to strongly support term with him. Mr. GENE GREEN of Texas. Mr. limits for all committee and sub- The point I am trying to make is Speaker and Members, we are talking committee chairs. As with all reform this: Experience on the subcommittee measures before Congress, it is essen- about term limits today, and the ma- prepared me to do what the voters sent tial for us to lead by example. jority party, like the gentleman from me to Washington to do, to take a look Most Americans support term limits. West Virginia, who yielded to me, I at a complex and large appropriation My home State of Massachusetts re- have no problem with the majority and to try to lead a bipartisan effort to cently passed a voter referendum for party limiting the terms of their chair- deal with it. Should my colleagues in term limits. In the same spirit of gov- men, but I think this goes to the heart the House of Representatives on the ernment reform, I rise in strong sup- of the issue: that we have an arbitrary Democratic side have reached a deci- port for limiting the terms of commit- term limit on any office. sion that I was unworthy of that job, tee or subcommittee chairmen. Are we going to limit a chairman or they could have removed me in any In the past, too much power reside in chairwoman simply to three terms sim- Congress. That, I think, is the appro- the hands of committee chairmen to ply because they are doing their job priate way to approach this. shape and mold legislation to their per- correctly? This is an issue that this To establish artificial limits for serv- sonal liking. House will deal with whether we are ice as committee chair or subcommit- Some Chairs had become entrenched talking about Members, chairmen of tee chairman or service in the House of in their positions of power for 10, 14, or committees, Members of Congress, or Representatives I think is grossly un- anything else. But I would hope, as a more years, sometimes fulfilling their fair. Democrat, as the minority, we might own parochial interests over the great- Experience counts for every aspect of be able to go even further and, in some er good of the Nation. By enacting life; it counts in the Congress. cases, even limit the terms of the ma- term limits for these Chairs, we will in- I think artificial limits are wrong, jority party chairmen to one term at sure that the legislative process will and I oppose this amendment. this time. truly be open to new ideas because it The SPEAKER pro tempore. The gen- will be open to new leadership. This Mr. NETHERCUTT. We have one tleman from West Virginia [Mr. WISE] House has already limited membership speaker left, Mr. Speaker. has 21⁄2 minutes remaining. on two committees, the Budget Com- Mr. WISE. Mr. Speaker, the gen- Mr. WISE. Mr. Speaker, I yield my- mittee and the Intelligence Commit- tleman from Washington has the right self such time as I have left. tee. This step will extend that to limit- to close, and I expect the Chair would Mr. Speaker, in the spirit of change, ing how long Members may serve as a like me to go ahead. Chair of a committee. The results of Mr. Speaker, I yield 2 minutes to the I am going to tell you, Mr. Speaker, the November election sent a loud and gentleman from Illinois [Mr. DURBIN]. that so many have started out by say- clear message for real change in Wash- Mr. DURBIN. I thank the gentleman ing that, ‘‘I am not going to use my ington. We can answer that signal by for yielding. time,’’ and then of course we know the voting for this proposal. Mr. Speaker, I rise in opposition to inevitable story. Well, I am not going Mr. NETHERCUTT. Mr. Speaker, I this amendment. Let me tell you why. to use all my time except simply to yield 2 minutes to the gentleman from It has been my privilege to serve on the ask, I am still waiting for an answer to South Carolina, [Mr. INGLIS]. House Appropriations Committee now my question, which is: Why is it that Mr. INGLIS of South Carolina. I for 10 years, and during that period of the Speaker has a 4-term limitation, thank the gentleman for yielding this time I have tried my best to become committee chairs have 3 terms? If time to me. well versed with the challenging infor- there is an abuse or possible abuse of Mr. Speaker, I rise today with two mation and the legislation that we are power with 3 terms for committee observations for my colleagues. One is, forced to consider each year as we pass chairs, certainly the Speaker, with the what incredible progress on the term the appropriations. power that the Speaker’s chair has, January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 55 whoever the Speaker might be of what- And the bottom line is: Knollenberg Neal Skeen Kolbe Nethercutt Slaughter ever party, we ought to limit that in For the health of this Nation it is LaFalce Neumann Smith (MI) the same nature as well. much better to alternate who are the LaHood Ney Smith (NJ) Mr. Speaker, I yield back the balance committee chairmen of various com- Lambert-Lincoln Norwood Smith (TX) of my time. mittees and subcommittees over a rea- Lantos Nussle Smith (WA) Largent Olver Solomon Mr. NETHERCUTT. Mr. Speaker, I sonable period of time, and 6 years, it Latham Orton Souder yield 2 minutes to the gentleman from seems to us, is very, very reasonable LaTourette Owens Spence Florida [Mr. MCCOLLUM]. under these circumstances. There are a Laughlin Oxley Spratt (Mr. McCOLLUM asked and was Lazio Packard Stearns lot of very talented men and women Leach Parker Stenholm given permission to revise and extend among our 435, and I urge a ‘‘yes’’ vote. Levin Pastor Stockman his remarks.) It is a very important resolution, prob- Lewis (CA) Paxon Studds Mr. McCOLLUM. I thank the gen- ably the most important one tonight Lewis (KY) Payne (VA) Stump Lightfoot Peterson (FL) Stupak tleman for yielding this time to me. that we will vote on. Linder Peterson (MN) Talent Mr. Speaker, I would like first of all The SPEAKER pro tempore (Mr. EM- Lipinski Petri Tanner to address what the gentleman from ERSON). All time for debate on section Livingston Pickett Tate West Virginia [Mr. WISE] said as to LoBiondo Pombo Tauzin 103 of the resolution has expired. Lofgren Pomeroy Taylor (NC) why the Speaker is given 8 years and The question is on section 103 of the Longley Porter Tejeda the subcommittee chairmen 6. The rea- resolution. Lowey Portman Thomas son why that was designed that way is The question was taken; and the Lucas Poshard Thornberry simply because the Speaker is next in Luther Pryce Thornton Speaker pro tempore announced that Maloney Quillen Thurman line after Vice President to the Presi- the ayes appeared to have it. Manton Quinn Tiahrt dency, and it conforms with the con- Mr. NETHERCUTT. Mr. Speaker, on Manzullo Radanovich Torkildsen cept of two 4-year terms of the Presi- that I demand the yeas and nays. Markey Ramstad Torricelli dent of the United States. That is the Martinez Reed Towns The yeas and nays were ordered. Martini Regula Traficant rationale that went into that. The vote was taken by electronic de- Mascara Richardson Tucker The reason for the 6-year term limit vice, and there were—yeas 355, nays 74, Matsui Riggs Upton for committee chairmen is simply that McCarthy Roberts Volkmer answered ‘‘present’’ 1, not voting 4, as McCollum Roemer Vucanovich that seemed to us to be the right num- follows: McCrery Rogers Waldholtz ber. It may be a little arbitrary, maybe [Roll No. 8] McDade Rohrabacher Walker it could have been 8, maybe it could McDermott Ros-Lehtinen Walsh have been 4. The point is we need to YEAS—355 McHale Rose Wamp McHugh Roth Ward limit the length of time somebody Allard Condit Gekas Andrews Cooley Geren McInnis Roukema Waters serves as committee chairman. That is Archer Costello Gibbons McIntosh Royce Waxman the single most important limit we are Armey Cox Gilchrest McKeon Sabo Weldon (FL) placing here, even more important Bachus Cramer Gillmor McKinney Salmon Weldon (PA) Meehan Sanford Weller than limiting the Speaker, in my judg- Baesler Crane Gilman Baker (CA) Crapo Gonzalez Metcalf Saxton White ment. It was perhaps one of the most Baker (LA) Cremeans Goodlatte Meyers Scarborough Whitfield important reasons why we have de- Baldacci Cubin Goodling Mica Schaefer Wicker bated over the years that we need term Ballenger Cunningham Gordon Miller (FL) Schiff Williams Barcia Danner Goss Mineta Schroeder Wilson limits. Most Americans realize, when Barr Davis Graham Minge Schumer Wolf you give power to a committee chair- Barrett (NE) de la Garza Green Mink Scott Woolsey man or a subcommittee chairman for a Barrett (WI) Deal Greenwood Molinari Seastrand Wyden Moorhead Sensenbrenner Young (AK) long period of time, you are giving very Bartlett DeFazio Gunderson Barton DeLauro Gutierrez Moran Shadegg Young (FL) serious power to one individual who Bass DeLay Gutknecht Morella Shaw Zeliff can abuse that power. Many do not, but Bateman Deutsch Hall (OH) Myers Shays Zimmer somebody can. Bereuter Diaz-Balart Hall (TX) Myrick Shuster Nadler Sisisky The control that a committee chair- Bevill Dickey Hancock Bilbray Dicks Hansen man has is vast. He controls, often, Bilirakis Doggett Hastert NAYS—74 whether a bill ever leaves his commit- Bishop Dooley Hastings (WA) Abercrombie Gephardt Payne (NJ) tee to come to the floor of the House Bliley Doolittle Hayes Ackerman Hamilton Pelosi for a vote. He controls a lot of the sub- Blute Dornan Hayworth Becerra Hastings (FL) Rahall Boehlert Doyle Hefley Beilenson Hilliard Rangel stance that goes into the bill before Boehner Dreier Hefner Bentsen Hoyer Reynolds that bill comes out of a committee or Bonilla Duncan Heineman Berman Jefferson Rivers leaves the committee in the first place. Bono Dunn Herger Bonior Johnson, E. B. Roybal-Allard Brewster Edwards Hilleary Borski Kaptur Rush b 1920 Browder Ehlers Hinchey Boucher Kennedy (RI) Sanders Brown (CA) Ehrlich Hobson Bryant (TX) Kildee Sawyer And in a conference between a bill Brown (FL) Emerson Hoekstra Clyburn Klink Serrano that has passed the House and the Sen- Brown (OH) Engel Hoke Coleman Lewis (GA) Skaggs ate, between those two bodies, the Brownback English Holden Collins (IL) McNulty Skelton Bryant (TN) Ensign Horn Collins (MI) Meek Stark committee chairman has a great deal Bunn Eshoo Hostettler Conyers Menendez Stokes to say with what is in the final prod- Bunning Everett Houghton Coyne Mfume Taylor (MS) uct, an awful lot to say. In addition to Burr Ewing Hunter Dingell Miller (CA) Thompson Burton Farr Hutchinson Dixon Moakley Torres that, a committee chairman is in Buyer Fawell Hyde Durbin Mollohan Velazquez charge of oversight functions. There Callahan Fields (TX) Inglis Evans Montgomery Vento are hearings that are held by the com- Calvert Filner Istook Fattah Murtha Visclosky mittees that he determines which ones Camp Flake Jackson-Lee Fazio Oberstar Watt (NC) Canady Flanagan Jacobs Fields (LA) Obey Wise are held to look into whether it is the Cardin Foley Johnson (CT) Foglietta Ortiz Wynn FBI, or the Drug Enforcement Admin- Castle Forbes Johnson (SD) Gejdenson Pallone istration, and in the case of my Com- Chabot Ford Johnson, Sam Chambliss Fowler Johnston ANSWERED ‘‘PRESENT’’—1 mittee on the Judiciary it may be over- Chapman Fox Jones Dellums sight hearings like Whitewater in Chenoweth Frank (MA) Kanjorski Banking or whatever. A committee Christensen Franks (CT) Kasich NOT VOTING—4 Chrysler Franks (NJ) Kelly chairman, the right committee chair- Clayton Frelinghuysen Kennedy (MA) Clay Harman man, can do a great job for a long pe- Clement Frisa Kennelly Gingrich Yates riod of time. The wrong committee Clinger Frost Kim b chairman can abuse that power, and, Coble Funderburk King 1936 Coburn Furse Kingston yes, somebody can remove him, but it Collins (GA) Gallegly Kleczka Mr. PALLONE and Mr. JEFFERSON does not happen very often. Combest Ganske Klug changed their vote from ‘‘yea’’ to ‘‘nay. H 56 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. BALDACCI changed his vote was said, the Chair holds enough prox- Not so, not so in this Congress. Then from ‘‘nay’’ to ‘‘yea.’’ ies to do whatever he or she wants. they announced the committee ratio Mr. ORTIZ changed his vote from This is not a responsible way to legis- plan, in which not a single House com- ‘‘present’’ to ‘‘nay.’’ late and the people who elected us have mittee actually meets the clearly ar- So section 103 of the resolution was every right to expect more. ticulated test for fairness. agreed to. Mr. Speaker, if there is one reason On the major committees, and they The result of the vote was announced today that we are introducing this his- are all major, but on the committees as above recorded. toric package of fundamental reforms, that people look to on important fiscal A motion to reconsider was laid on including the elimination of proxy vot- matters, the Committee on Ways and the table. ing, it is to let the American people Means and the Committee on Appro- know that the 104th Congress will priations, I would say those two com- PERSONAL EXPLANATION begin to legislate responsibly and with mittees and the Committee on Rules, Ms. HARMAN. Mr. Speaker, during total accountability. the ratios were way above the 53/47 rollcall vote No. 8 on H.R. 6, I was un- I submit to you that it is necessary split we presently have in the House of avoidably detained. Had I been present to eliminate proxy voting. Representatives. In fact, on the Com- I would have voted ‘‘aye.’’ Mr. Speaker, I reserve the balance of mittee on Ways and Means and the my time. Committee on Appropriations, they got b 1940 Mr. BONIOR. Mr. Speaker, I yield 60 percent instead of 53. The SPEAKER pro tempore (Mr. myself such time as I may consume. They might say, ‘‘When you were in BILIRAKIS). Pursuant to the rule, sec- Mr. Speaker, I support this proposal, power you did the same thing.’’ We tion 104 of the resolution is now debat- and I commend the gentlewoman for may have gone a percent or 2 or 3 able for 20 minutes. leading the effort on it this evening. As above. We never went 7 or 8 percent The gentlewoman from California she pointed out, I think correctly, in above, which means a lot of seats on [Mrs. SEASTRAND] will be recognized for the real world if you work in a factory those respective committees. 10 minutes, and the gentleman from or you work in an office, you have to Mr. Speaker, I commend the gentle- Michigan [Mr. BONIOR] will be recog- show up for work. You cannot send a woman and my colleagues for offering nized for 10 minutes. proxy. It should be no different for this amendment on proxy voting, but I The Chair recognizes the gentle- Members of Congress in their commit- must be honest and say that it does not woman from California [Mrs. tee assignments. really go far enough. If we really want- SEASTRAND]. However, while I support this provi- ed to go far, we would adopt the lan- (Mrs. SEASTRAND asked and was sion, I do not think it, frankly, goes far guage of the gentleman from Colorado given permission to revise and extend enough. I would like to talk a little bit [Mr. ALLARD], and we would adopt the her remarks.) about the issue of committee ratios proposals that were advocated by the Mrs. SEASTRAND. Mr. Speaker, I here. gentleman from California [Mr. yield myself such time as I may For many years Republicans have ar- DREIER] and others on that side of the consume. gued, and very well, I might add, the aisle to keep committee ratios bal- Mr. Speaker, I rise today to offer yet makeup of the House committees anced in relation to the rest of the another fundamental change to the should reflect the party ratios in the House. way business is done in the House of House; that is, if one party controls 60 Mr. Speaker, I yield 3 minutes to the Representatives. percent of the House, then they should distinguished gentleman from New Every one of us was elected by our get 60 percent representation on the York [Mr. OWENS]. constituents to do a job. Having a job committees in this institution. (Mr. OWENS asked and was given means showing up for work every day— Republicans have repeatedly offered permission to revise and extend his re- as most working Americans are re- amendments to make this simple rule marks.) quired to do—and actively carrying out a principle rule of the House. The Re- Mr. OWENS. Mr. Speaker, proxy vot- the duties to which we are assigned. publican rules package in the 103d Con- ing is as American as apple pie. We The process of voting by proxy vio- gress required that party ratios in each have millions and millions of votes lates this basic responsibility. By al- committee must reflect party ratios in cast by proxy all the time. lowing for proxy voting in the first the House. Private industry, which we are so place, it was never intended that: Rep- In fact, the gentleman from Colorado fond of replicating, uses proxy voting resentatives should stop representing; [Mr. ALLARD] offered the same amend- all the time. Americans understand that they should never go to commit- ment to the congressional reform bill proxy voting. They understand that de- tee hearings; that they should never later in the year. The amendment was cision-makers who have numerous obli- hear the testimony provided for them offered yet again by the gentleman gations sometimes use proxy voting as to make informed decisions; that they from California [Mr. DRIER] when the a convenience. They trust certain peo- should never hear the critical evidence Committee on Rules considered the ple and allow them to vote by proxies that might help them form opinions; congressional reform bill in October of on very important matters that affect and finally proxy voting was never in- last year, just 4 months ago. their lives. tended that committee chairs should In the Senate, the other body, the I am not going to quarrel, however, hold enough proxies to determine the new Republican majority has adhered with a Majority that wants to limit outcome of legislation—regardless of to this basic principle in allocations of their own flexibility and their own the testimony, the evidence, the views committee slots for Democrats in the ability to conduct some awesome busi- of other Members, or the fact that new Congress. In the House, however, ness matters here that are the province some Members may have never both- Republicans have not only abandoned of the Majority by insisting on elimi- ered to attend a single committee their previous amendments on fair ra- nating proxy voting. If they want to do meeting. tios, but they have already violated the that, I am not going to really quarrel Proxy voting, or ghost voting as it is principle they championed as recently with them. sometimes referred to, allows a com- on this floor and in the Committee on I am going to discuss, instead, some- mittee chair to do whatever he or she Rules as 4 months ago. They began by thing else that is as American as apple wants to do. stripping dozens of Democrats of their pie, and that is voting by simple major- I would think this practice of proxy committee assignments, a tactic never ity vote. voting would be offensive to those employed when Democrats controlled Later on we are going to discuss a Members who faithfully attend com- the House. We always made room. We three-fifths requirement, a require- mittee meetings and listen carefully to never asked a sitting Republican on a ment that three-fifths of the Members the testimony offered and the evidence committee to leave. We always some- must approve of any income tax in- presented so they can cast an informed how accommodated them, expanding crease. I want to say that is very un- vote. A vote, unfortunately, which is the committee by putting temporaries American. That runs against the grain cast in vain because no matter what on it. of the Constitution, and the general January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 57 way Americans conduct business. What a normal rule and passed by a simple major- publican Rules Package. If Jefferson they are doing is empowering a minor- ity. knew that absent or tardy members of ity of people to block any legislation. Requiring a supermajority vote for tax in- the House were routinely allowing The House has 435 voting Members. creases also would set a perilous precedent other members to cast their votes for Some simple arithmetic. There are 435 that could be used to create similar require- them in committee by proxy and that voting Members. A simple majority is ments for other controversial issues. Which this ghost voting has been used to 218. Three-fifths of the House is 261, in- type of legislation would be next on the chop- block legislation while ducking indi- stead of 218. Two-fifths of the House is ping block? Will any bill that increases edu- vidual responsibility, he would object. 174 votes. cation funding require a three-fifths vote for He would wonder by what justification By requiring that there must be a passage? Will any bill that relates to a wom- we could so stand the rules of this three-fifths vote to pass any legisla- an's right to choose an abortion be subject to House which he wrote on their head. tion, we empower that two-fifths to a three-fifths vote? Although House rules strictly pro- block the legislation. Voltaire wrote, ``One despot always has a hibit one member of Congress from A simple majority requirement such few good moments, but an assembly of des- casting votes for another on the House as is being proposed dilutes the power pots never does.'' This certainly is not a good floor, proxy voting was in fact the of every Member’s vote by allowing the moment for my Republican colleagues. Of all norm in many committees in the last House to be controlled by the two- the accusations that have been made about Congress. In 1993, for example, proxy fifths, 174 out of 435, two-fifths can the Democrats' exercise of power during our votes were cast on virtually every bill choose to withhold their votes and forty-year tenure in the majority, nothing even marked up in the House Committees on they control the process. That is not comes close to rising to this level of the abuse Energy and Commerce; the Judiciary; democracy. Instead of control by 218 of power. It is tyranny of the majority, pure and Public Works and Transportation. Members, we will yield control to 174. and simple. I urge my colleagues to defeat Ghost voting not only promotes ab- That means that if you set this prece- this rule. senteeism and sloppy bill-drafting, it Mrs. SEASTRAND. Mr. Speaker, I dent tonight on taxes, and I am not in allows party leaders and committee yield 1 minute to the gentleman from favor of voting to increase the income barons to control the fate of legislation Florida [Mr. GOSS]. taxes of Americans. We have plenty of (Mr. GOSS asked and was given per- by simply pulling votes out of thin air. ways to save money in the budget and mission to revise and extend his re- It is like having 6 jurors sit through a not have to increase taxes. We should marks.) trial, hear all the evidence and reach a stop the freeloading farmers, end farm Mr. GOSS. Mr. Speaker, what we are verdict—only to have the jury foreman subsidies, end Farmers Home Loan talking about here is proxy voting or pull out 6 more votes from his pocket mortgages, we should stop building ghost voting. It is a bad habit that has and cast them to overrule the others. Seawolf submarines which have closed grown to be a serious disorder in the Last year, I introduced legislation to down overseas bases in Japan and Ger- process of this institution. I notice require the House to follow Jefferson’s many. There are ways to save billions that apparently no one is willing to de- rules. One of Jefferson’s overriding of dollars and not have to increase fend proxy voting, because I certainly concerns was that each member of Con- taxes, but this sets an unfortunate have not heard any defense from the gress would be held responsible for his precedent. This empowers a minority. other side of the aisle, so I guess the or her own vote. Mr. Speaker, in addition to the arguments time has come to get rid of proxy vot- This rules change will end the abuse presented above, I would like to note the fol- ing or ghost voting and we thank very of our most important and valuable lowing: Requiring a supermajority vote for tax much what I think I am hearing cor- commodity, our vote. Simply put, increases is unconstitutional because it deliv- rectly, is the support from the other under this change, if a member does ers a fatal blow to majority rule. It gives a mi- side of the aisle so I think we can ex- not show up for work, he does not get nority of Members the ability to stop a specific pect a very large vote to do away with to vote. I urge an ‘‘aye’’ vote for this type of legislation. indeed, today marks the this procedure which has not done important Republication reform. first time in this country's history that a major- credit to this institution since it has Mrs. SEASTRAND. Mr. Speaker, I ity in the House has attempted to usurp so been a bad idea and since it has been yield 1 minute to the gentleman from much power. abused so badly. I think we all know it, California [Mr. RADANOVICH]. Article I, Section 2 of the Constitution states I do not think there is any particular Mr. RADANOVICH. Mr. Speaker, al- that the ``House of Representatives shall be point in overstressing, finding nobody though every vote in the whole House composed of Members chosen * * * by the supporting it, so why do we not just is always important, votes in commit- People of the several States.'' In Wesberry v. agree with it and get rid of it? tee carry even greater proportionate Sanders, the Supreme Court interpreted that Mr. Speaker, I thank the gentle- weight. As such, committee votes portion of the Constitution as meaning that `'as woman for yielding me this time, and I should be cast by Members themselves, nearly as is practicable one man's vote in a congratulate her for her effort. not by committee colleagues. congressional election is to be worth as much Mrs. SEASTRAND. Mr. Speaker, Yet Capitol Hill practice in the past as another's.'' The rule before us would se- might I inquire how much time is has been to allow proxy votes in com- verely violate this one man, one vote principle available on both sides? mittees. This has meant one Member by diluting the vote of every citizen. The more The SPEAKER pro tempore [Mr. was voting not just for himself but for power that is funneled into the hands of the BILIRAKIS]. The gentlewoman from absentees. few, the less remains in the hands of the California [Mrs. SEASTRAND] has 31⁄2 Proxy holders, often the committee many. minutes remaining, and the gentleman leadership, would vote for other Mem- Moreover, the Constitution clearly enumer- from Michigan [Mr. BONIOR] has 31⁄2 bers who were elsewhere, possibly at ates the instances in which a supermajority is minutes remaining. another committee meeting voting the required. If the Framers had intended that Mrs. SEASTRAND. Mr. Speaker, I proxies of still more absent Members. submajorities be used in other instances, they yield 2 minutes to the gentleman from Enough already. Let the Member who would have explicitly stated so. California [Mr. ROYCE]. votes in committee be in committee. While the Constitution does state that the Mr. ROYCE. Mr. Speaker, in addition The American way is one person, one House can write its own rules, the House and to authoring our Nation’s Declaration vote. Votes in congressional commit- its leaders are not given carte balance. There- of Independence, Thomas Jefferson tees no longer should be by proxy, they fore, in the past, Congress has required wrote what are supposed to be the rules should be in person. That is what will supermajority votes only for procedural mo- of this House. His Manual of Par- happen as soon as tomorrow. All it tions, such as the two-thirds vote required in liamentary Practice was written in takes is approval of this proposal to the House to consider a rule reported the 1797, and for nearly 200 years, has by change our rules. Let the reform go on same day. Similarly, motions in the House to law provided the basis for our House as we keep faith with our promise in suspend the rules and pass a bill are proce- rules. the Contract with America to change dural in nature; if such motion is defeated, a That is why I rise today in support of the way Congress does business. The bill may be reconsidered in the House under the Proxy Voting Ban in the House Re- American people will be the winners. H 58 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mrs. SEASTRAND. Mr. Speaker, I re- only the Member that it is issued to The SPEAKER pro tempore (Mr. serve the balance of my time. that can cast the precious vote, the BILIRAKIS). The gentleman from Penn- Mr. BONIOR. Mr. Speaker, I yield 2 privileged vote to represent their con- sylvania is recognized for as much as 2 minutes to the gentleman from Mis- stituents in this body. minutes. sissippi [Mr. MONTGOMERY]. I talked to Members and I remember Mr. GEKAS. Mr. Speaker, I thank my (Mr. MONTGOMERY asked and was my freshman year in 1991 when I cast colleague from California for yielding given permission to revise and extend my first vote and continue to feel it a me the time. his remarks.) privilege casting votes in this body. It Mr. Speaker, tonight we bring this Mr. MONTGOMERY. Mr. Speaker, I is against our rules and we have very House back to orthodoxy by eliminat- rise in support of this amendment, Sec- strict measures when somebody else ing the vote by proxy. In any language, tion 104, the ban on proxy voting. As tries to cast this vote in this body. I everyone in America knows that the the Speaker knows in the chair who think that it should be the same meas- heart and soul of the legislative proc- serves on the Committee on Veterans ures that we take in our committees, ess is resting with the committee and Affairs, we have not had proxy voting so that we do not have proxy voting in the committees’ work in the Congress for a number of years. It has worked our committees. of the United States. Subcommittee, very, very well. We have good attend- Richard Fenno, a pundit and scholar full committee, task force, it is the ance at our committee meetings, sub- on Congress, says that the business of guts of the legislative process that hap- committee meetings and when we have Congress is done in its committees. pens beyond the walls of this Chamber, a vote, we almost have 100 percent vot- That does not mean we legislate more, and the final action taken on this floor ing on that amendment, on that bill. that means we do the job of oversight is really tinsel, it is show time, all of We do not support proxy voting. We more to be accountable to our con- the work, all of the deliberation, all have not had it for 20 years in our Com- stituents. I think this card helps en- the amendments, all of the drafting, all mittee on Veterans Affairs, one of the sure that on the House floor, and I of the crafting already having been ac- most important committees in this think this new rule helps ensure that complished in the halls of the commit- Congress, and I certainly hope we in our committees. tee system itself. would adopt this amendment. This is a good measure to ban proxy The gentleman from Mississippi and I would hope that the people on this voting and I commend Members to vote others who have spoken so eloquently side, most of us over here on the other for this measure. know that we as trustees of the card side are supporting this amendment, Mrs. SEASTRAND. Mr. Speaker, I that allows us to vote on the floor of and you would not call for a vote and yield 1 minute to the gentlewoman the House cannot transfer it to anyone we could move along and get out of from Wyoming [Mrs. CUBIN]. else. As a matter of fact, it is a viola- here a little earlier. (Mrs. CUBIN asked and was given tion of the law, a criminal violation if Mrs. SEASTRAND. Mr. Speaker, I permission to revise and extend her re- any Member should transfer his or her thank the distinguished gentleman marks.) card to someone else to vote that vote from Mississippi for his kind com- Mrs. CUBIN. Mr. Speaker, I rise on the floor. ments. today to voice my support for eliminat- Is it not an irony that that is a Mr. Speaker, I yield 1 minute to the ing the misguided, but long-held, con- crime, but we permitted for so many gentlewoman from Idaho [Mrs. gressional practice of allowing absen- years someone to vote a dozen or two CHENOWETH]. tee proxy votes to take place in com- dozen votes in committee with ghost Mrs. CHENOWETH. Mr. Speaker, we mittee. riders in the sky elsewhere in the Cap- just heard the gentleman from Califor- Putting an end to these absentee itol while a bill is being crafted, nia refer to Thomas Jefferson. Thomas proxy votes is a crucial part of fulfill- amended, and finally passed in com- Jefferson loved Monticello but he never ing our pledge to the American people mittee. hesitated to spend 4 days riding horse- to create a more open and truly rep- I recommend it not just because we back to come to Washington to person- resentative Congress. It is an impor- have in the contract with the Amer- ally fulfill his responsibilities. tant early step along the path of mo- ican the banning of proxy voting, but When we call on young men and mentous change and reform that will because the American people recognize young women to defend this Nation put the people’s government back on that this is a fraud on the legislative against foreign interests by placing our the right track. process. We tonight end it for all time. your men and women in harm’s way, Like many of my colleagues, I am op- The SPEAKER pro tempore. All time they do not have a choice. They must posed to this practice which allows on for debate on section 104 of the resolu- take themselves physically and person- individual to cast a vote in committee tion has expired. ally to the call of their Nation. They on behalf of another member. The peo- The question is on section 104 of the cannot send a proxy. ple of this country have the right to resolution. What we ask of them we must ask of expect and demand that those of us in The question was taken; and the ourselves. Mr. Speaker, that is ac- Congress carry out the job we sent here Speaker pro tempore announced that countability. to do—namely, make the tough choices the ayes appeared to have it. The people of this great Nation ex- and cast our votes in person. Mrs. SEASTRAND. Mr. Speaker, on pect us personally to represent them Furthermore, I have an additional, that I demand the yeas and nays. and their views and to be held account- and somewhat unique, reason for ob- The yeas and nays were ordered. able, to be in the line of fire and not jecting to proxy voting. I am the lone The vote was taken by electronic de- behind the door with a proxy coming representative in the U.S. House of vice, and there were—yeas 418, nays 13, through the keyhole. Representatives from the State of Wyo- not voting 2, as follows: Mr. BONIOR. Mr. Speaker, I have one ming. [Roll No. 9] remaining speaker this evening on this I do not want a California proxy vote particular issue. I yield 11⁄2 minutes to cancelling my vote. YEAS—418 the gentleman from Indiana [Mr. ROE- Mr. BONIOR. Mr. Speaker, I yield Abercrombie Barrett (WI) Blute MER]. back the balance of my time. Ackerman Bartlett Boehlert Mrs. SEASTRAND. Mr. Speaker, I Allard Barton Boehner b 2000 Andrews Bass Bonilla welcome the comments of the gentle- Archer Bateman Bonior Mr. ROEMER. Mr. Speaker, I rise in men from Mississippi, but hope that he Armey Becerra Bono strong support of this measure. I be- understands that we in the 104th Con- Bachus Beilenson Borski Baesler Bentsen Boucher lieve that as we all are issued our gress promised in the Contract With Baker (CA) Bereuter Brewster brand new cards today, and each one of America to have a recorded vote on Baker (LA) Berman Browder us has a sparkling new card that we in- each provision today. Baldacci Bevill Brown (CA) sert into the boxes in this Chamber, Mr. Speaker, I yield the balance of Ballenger Bilbray Brown (FL) Barcia Bilirakis Brown (OH) these cards have been personalized, in- my time to the gentleman from Penn- Barr Bishop Brownback dividualized, and secured so that it is sylvania [Mr. GEKAS]. Barrett (NE) Bliley Bryant (TN) January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 59 Bryant (TX) Gillmor McCrery Serrano Stupak Waldholtz edge of what choices each of us made Bunn Gilman McDade Shadegg Talent Walker Bunning Gonzalez McDermott Shaw Tanner Walsh while we were here. Burr Goodlatte McHale Shays Tate Wamp They deserve to know nothing less. Burton Goodling McHugh Shuster Tauzin Ward Madam Speaker, I reserve the bal- Buyer Gordon McInnis Sisisky Taylor (MS) Watt (NC) ance of my time. Callahan Goss McIntosh Skaggs Taylor (NC) Waxman Calvert Graham McKeon Skeen Tejeda Weldon (FL) Mr. BONIOR. Madam Speaker, I yield Camp Green McKinney Skelton Thomas Weldon (PA) myself such time as I may consume. Canady Greenwood McNulty Slaughter Thompson Weller Madam Speaker, the House of Rep- Cardin Gunderson Meehan Smith (MI) Thornberry White resentatives is supposed to be the peo- Castle Gutierrez Meek Smith (NJ) Thornton Whitfield Chabot Gutknecht Menendez Smith (TX) Thurman Wicker ple’s House. This is where the business Chambliss Hall (OH) Metcalf Smith (WA) Tiahrt Wilson of the American people is conducted, Chapman Hall (TX) Meyers Solomon Torkildsen Wise and the more sunshine that we can Souder Torres Wolf Chenoweth Hamilton Mfume shine on these Chambers and these Christensen Hancock Mica Spence Torricelli Woolsey Chrysler Hansen Miller (CA) Spratt Towns Wyden committee rooms, the better off the Clay Harman Miller (FL) Stark Traficant Wynn American people will be. Clayton Hastert Mineta Stearns Tucker Young (AK) The days of backroom deals are over. Clement Hastings (FL) Minge Stenholm Upton Young (FL) Clinger Hastings (WA) Mink Stockman Velazquez Zeliff We make decisions in this building Clyburn Hayes Moakley Stokes Visclosky Zimmer every day that affect every man, Coble Hayworth Molinari Studds Volkmer woman, and child in this country, and Stump Vucanovich Coburn Hefley Mollohan I think the American people have a Coleman Hefner Montgomery Collins (GA) Heineman Moorhead NAYS—13 right to see those decisions being Combest Herger Moran Collins (IL) Frank (MA) Vento made. But it is also time to shut out Condit Hilleary Morella Collins (MI) Gejdenson Waters the influence of special interests. Cooley Hilliard Murtha Conyers Kaptur Williams I support this amendment, and I com- Costello Hinchey Myers Dellums Lambert-Lincoln Cox Hobson Myrick Dingell Scott mend those who are offering it, but I do Coyne Hoekstra Nadler not think it is enough merely to open Cramer Hoke Neal NOT VOTING—2 all meetings to the public. We should Crane Holden Nethercutt be held accountable for all aspects of Crapo Horn Neumann Johnston Yates Cremeans Hostettler Ney public life. and that means all political Cubin Houghton Norwood b 2020 contributions should be disclosed as Cunningham Hoyer Nussle well. We are required by law to disclose Danner Hunter Oberstar So section 104 of the resolution was Davis Hutchinson Obey agreed to. the names of the people who contribute de la Garza Hyde Olver The result of the vote was announced to our political campaigns, and we do. Deal Inglis Ortiz as above recorded. But there are some organizations DeFazio Istook Orton which have an influence on this body DeLauro Jackson-Lee Owens A motion to reconsider was laid on DeLay Jacobs Oxley the table. which refuse to disclose who they con- Deutsch Jefferson Packard The SPEAKER pro tempore (Mrs. tribute to, where they get their money Diaz-Balart Johnson (CT) Pallone JOHNSON of Connecticut). Section 105 of from, and I think it is time to change Dickey Johnson (SD) Parker that as well. Dicks Johnson, E. B. Pastor the resolution is now debatable for 20 Dixon Johnson, Sam Paxon minutes. The gentleman from Ohio Let me give you one example: There Doggett Jones Payne (NJ) [Mr. CREMEANS] will be recognized for is an organization called GOPAC, Dooley Kanjorski Payne (VA) which, by some accounts, has played a Doolittle Kasich Pelosi 10 minutes, and the gentleman from Dornan Kelly Peterson (FL) Michigan [Mr. BONIOR] will be recog- role in electing over 200 Members of Doyle Kennedy (MA) Peterson (MN) nized for 10 minutes. this institution. Over the past 9 years, Dreier Kennedy (RI) Petri The Chair recognizes the gentleman GOPAC has raised between $10 million Duncan Kennelly Pickett and $20 million. Many of these con- Dunn Kildee Pombo from Ohio [Mr. CREMEANS]. Durbin Kim Pomeroy (Mr. CREMEANS asked and was tributions come from people who have Edwards King Porter given permission to revise and extend a direct interest in Federal legislation. Ehlers Kingston Portman We do not know who these people are, Ehrlich Kleczka Poshard his remarks.) Emerson Klink Pryce Mr. CREMEANS. Madam Speaker, I where this money came from, because Engel Klug Quillen yield myself such time as I may GOPAC has not disclosed the list of its English Knollenberg Quinn consume. past contributors. Ensign Kolbe Radanovich With deals like this, is it any wonder Eshoo LaFalce Rahall Today I offer an amendment num- Evans LaHood Ramstad bered section 105 to the House rules that the American people think that Everett Lantos Rangel mandating public access to committee this Congress is for sale? I think the Ewing Largent Reed public has a right to know who these Farr Latham Regula proceedings. The American people have Fattah LaTourette Reynolds spoken. Less than 2 months ago I was people are, and we should open our Fawell Laughlin Richardson chosen to represent over a half million meetings and GOPAC needs to open all Fazio Lazio Riggs of its meetings. Fields (LA) Leach Rivers Ohioans, and today I become their Rep- Fields (TX) Levin Roberts resentative to this body. PARLIAMENTARY INQUIRY Filner Lewis (CA) Roemer Those Ohioans have every right to Mr. SOLOMON. Madam Speaker, I Flake Lewis (GA) Rogers know what I do here, and this amend- have a parliamentary inquiry. Flanagan Lewis (KY) Rohrabacher Foglietta Lightfoot Ros-Lehtinen ment guarantees that right. The SPEAKER pro tempore. The gen- Foley Linder Rose It is appropriate that today, with tleman will state it. Forbes Lipinski Roth what is expected to be the largest view- Mr. SOLOMON. Madam Speaker, is Ford Livingston Roukema Fowler LoBiondo Roybal-Allard ing audience of a House proceeding this germane to section 105 of the bill Fox Lofgren Royce ever, we allow the watchful eye of the that we are debating, this discussion? Franks (CT) Longley Rush public into our committees as well. Mr. BONIOR. Madam Speaker, if I Franks (NJ) Lowey Sabo No longer will House business be al- could finish my remarks, I will address Frelinghuysen Lucas Salmon Frisa Luther Sanders lowed to take place behind locked and my colleague’s comments because I Frost Maloney Sanford closed doors. From this point forward think they are good comments. I think Funderburk Manton Sawyer the public will have the right to view it is directly germane. Furse Manzullo Saxton Gallegly Markey Scarborough our activities. Madam Speaker, I yield myself such Ganske Martinez Schaefer Our democracy is built upon having time as I may consume. Gekas Martini Schiff choices. On November 8 we each were The SPEAKER pro tempore. The re- Gephardt Mascara Schroeder chosen by the people to be here today. marks should pertain specifically to Geren Matsui Schumer Gibbons McCarthy Seastrand This amendment simply provides those this portion of the resolution adopting Gilchrest McCollum Sensenbrenner same men and women with the knowl- the rules. H 60 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. BONIOR. This portion of the bill because we not only govern ourselves, have that are closed to the public, but deals with open meetings, and that we set an example, and I think it is im- one of the first things that I ran into deals with open Government. And if we portant for us to pass this by a big vote here as a new Member was a meeting are going to have open Government, we and set an example of openness. that was closed to the public, and that should make sure that the contribu- Now my friend referred to GOPAC, was the Committee on Ways and Means tions of the people are reviewed, that and he should not have, apparently markup of the tax increase of 1993 we know where they come from, espe- under the rules, talked about the sub- which was closed down to the public cially as they affect legislation. It stance. But what is important is the where not only the public and the seems to me if GOPAC has nothing to example we will set. There are political press, but other Members, had to leave hide, then they should have nothing to organizations controlled by Members of the room. be afraid of. If GOPAC will not come this House that are not open. What bet- Madam Speaker, the argument that clean and will not open their books, I ter way to encourage them to do the was given to me at the time was that think the American people have a right right thing? What better way to tell Members who are on the panel, on the to ask, ‘‘What are they trying to hide?’’ the people of GOPAC that they should committee at the time, needed to feel Mr. THOMAS of California. Madam be open than for us to follow that same free to speak their mind and to vote Speaker, the gentleman is not ger- rule? their conscience, and that if the public mane. So, let us set the example, and let were in the room, they would not be al- b GOPAC profit by our example, and let lowed to do that. That is exactly why 2030 those who are so worried that we would we need this rules change to pass, so POINT OF ORDER even discuss it on the floor of the that the public knows exactly what is Mr. THOMAS. Madam Speaker, I House—— going on. have a point of order. Mr. THOMAS. Madam Speaker, will Mr. BONIOR. Madam speaker, I yield The SPEAKER pro tempore. (Mrs. the gentleman yield? 1 minute to the gentleman from Cali- JOHNSON of Connecticut). The gen- Mr. FRANK of Massachusetts. I yield fornia [Mr. FAZIO], our caucus chair- tleman will state his point of order. to the gentleman from California. man. Mr. THOMAS. The gentleman is not Mr. THOMAS. Madam Speaker, the Mr. FAZIO of California. Madam germane. gentleman skates very nicely on thin Speaker, I thank the gentleman from The SPEAKER pro tempore. We will ice. Michigan [Mr. BONIOR] for yielding this proceed. The gentleman from Ohio [Mr. Mr. FRANK of Massachusetts. I time to me. CREMEANS] is recognized. thank the gentleman very much for his Madam Speaker, I ask the gentleman Mr. CREMEANS. Madam Speaker, I acknowledgment of defeat on this from California [Mr. POMBO] to come yield 45 seconds to the gentleman from issue. We can talk about openness. The back to the microphone because I Nebraska, the home State of the na- point is—— would like to ask him about this. I tional champion Nebraska Cornhuskers The SPEAKER pro tempore. The have a copy of a letter which he signed [Mr. CHRISTENSEN]. time of the gentleman from Massachu- along with the gentleman from Texas (Mr. CHRISTENSEN asked and was setts has expired. [Mr. ARMEY] and a number of other given permission to revise and extend Mr. FRANK of Massachusetts. I Members saying, ‘‘Let’s close the gift his remarks.) would ask for an additional 30 seconds loophole for foundations, LSOs and Mr. CHRISTENSEN. Madam Speaker, since I yielded to Tonya Harding over caucuses.’’ This was October of 1993. I rise in support of item No. 5, the sun- there. One of the justifications for this re- shine rule for committees, and I thank Mr. BONIOR. Madam Speaker, I yield quest was to require all Member-affili- the gentleman from Ohio [Mr. 30 seconds to the gentleman from Mas- ated foundations to disclose contribu- CREMEANS] for the kind gesture about sachusetts. tors. Public disclosure of contributions the Nebraska Cornhuskers and the na- Mr. FRANK of Massachusetts. will ensure the integrity of Member-af- tional championship we just won. Madam Speaker, I will say I meant filiated foundations and silence any My colleagues, on November 8 the that in a purely metaphorical sense, criticism that special interest con- American people sent a clear message but let me say I thank the gentleman tributions are being made to influence to Congress: ‘‘No more business as for yielding. Members of Congress. usual, no more backroom deals, no I think the example of openness we I wonder if the gentleman can tell me more conducting the people’s work in set here is important. Let GOPAC and what difference there is between this secrecy. Enough is enough.’’ every other political organization con- worthy instinct that caused him to This measure puts an end to business trolled by Members of the House follow sign this letter and the situation that as usual and ushers in a new era of the example because certainly no Mem- applies with GOPAC. openness and accountability. ber of the House would want to be con- Mr. POMBO. Madam Speaker, will What it requires is simple—from now sidered so inconsistent as to vote that the gentleman yield? on all committee and subcommittee we will open meetings that no one Mr. FAZIO of California. I yield to meetings will be open to the public and wants to come to and then at the same the gentleman from California. media, except in extraordinary cir- time conceal information that people Mr. POMBO. Madam Speaker, I think cumstances involving national security want to know about. The principle of that it is pretty simple. The LSOs were or personal matters. openness is important. Let us hope using taxpayer money, and what we As my colleague from the State of that it sets a good example. were afraid of—— Washington has said, ‘‘The days of the Mr. CREMEANS. Madam Speaker, I Mr. FAZIO of California. These are smoke-filled room and closed doors are yield 45 seconds to the gentleman from the foundations that get—— over.’’ It’s time to open the doors, California [Mr. POMBO], who in his first Mr. POMBO. If the gentleman will let throw open the windows, and let the term led the protest against closed- me answer, I will tell him. It was com- glorious light of representative democ- door meetings. bining. This was my concern, combin- racy shine in. Mr. POMBO. Madam Speaker, I ing, commingling, official money with Mr. BONIOR. Madam Speaker, I yield thank the gentleman from Ohio [Mr. outside money, and that was my con- 1 minute to the gentleman from Massa- CREMEANS] for yielding this time to cern, and that is why I signed onto the chusetts [Mr. FRANK]. me. letter. Mr. FRANK of Massachusetts. Madam Speaker, when I first got here Mr. FAZIO of California. The gentle- Madam Speaker, I am all for this. I was I came from the State of California, man’s request was to get the founda- not aware that there were many meet- and I represent the State of California tion grants. ings that were not open. Most of the where we do have open meeting laws, The SPEAKER pro tempore. The Members I know generally try to get and we are required to conduct our time of the gentleman from California the press to come to their meetings business in the open, and, as the pre- [Mr. FAZIO] has expired. rather than keep them away, but I vious gentleman said, that he was not Mr. CREMEANS. Madam Speaker, I think it is important that we do this aware of very many meetings that we yield 1 minute to the gentlewoman January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 61 from Florida [Mrs. FOWLER], who (Mr. ZIMMER asked and was given Mr. NEY. Madam Speaker, I appre- served as cochairman of the Republican permission to revise and extend his re- ciate my colleague from Ohio and freshman class reform task force in the marks.) neighboring Congressional District for last Congress. Mr. ZIMMER. Madam Speaker, in the yielding time to me. Mrs. FOWLER. Madam Speaker, I 1970’s, nearly every State in the Union Madam Speaker, I want to stay to rise in strong support of the sunshine enacted sweeping open public meetings the subject matter, because obviously rule. The Republican freshman class of laws. Inspired by Florida’s sunshine from this side tonight it has strayed I 1992 made open meetings a top priority law and spurred by citizens’ organiza- believe from the original intent of in our reform efforts when we took of- tions such as Common Cause, legisla- what we are talking about, which is fice 2 years ago. Those of us who came tures across America opened the meet- sunshine. And with our good par- here from States with sunshine laws ings of virtually every State and local liamentarian BOB WALKER, I don’t were shocked to learn that committee public body to the public. want to have him rule me out of order, chairmen could lock out the American Congress responded only partially to so I am not going to talk about Ralph people for almost any reason. We were this demand for reform. It left a gaping Nader and his hidden monies, and some appalled when a meeting was closed to loophole in its rules that allowed com- of the labor unions and how they have the public because tax increases were mittee meetings to be closed by simple monies, and I come from a labor area being discussed. majority vote for any reason or for no that may not necessarily have to be My home State of Florida, the Sun- reason. right out in the open sunshine. shine State, has some of the toughest It is high time for Congress to be sub- I want to stick to the subject matter, open meeting laws in the country. ject to the same open meetings re- which I think we have to do, and that Local and State government improved quirements that have applied for more is the fact of talking about the influ- because of those laws. than 20 years to the zoning boards and ence of the lobbyists. The lobbyists are It is time to shine a light under the the boards of education in the smallest there to present people’s points of view done here at the U.S. Capitol. We can communities in New Jersey and across that they represent back in our dis- never forget that we work for the the Nation. Justice Louis Brandeis was tricts, but it should be done out in the American people, and what we do here right when he said sunlight is the best open. we do for them. I was a participant in a closed con- disinfectant. It is time for us to join This rule will ensure the doors re- ference committee when I chaired the the 50 States and the communities of main open, and I encourage my col- Senate Finance Committee in Ohio. We this Nation and open our doors and leagues to support it. finally came into the 21st Century and open our windows and let the sun shine Mr. BONIOR. Madam Speaker, I yield our colleagues opened the process up in in. 1 minute to the gentlewoman from Ar- the State. All the States have, and it is Mr. BONIOR. Madam Speaker, I yield kansas (Mrs. LAMBERT LINCOLN). time we come into the 21st Century. I 1 minute to the distinguished gentle- (Mrs. LAMBERT LINCOLN asked and believe what we are trying to do here woman from Colorado [Mrs. SCHROE- was given permission to revise and ex- everybody does agree with, and urge DER]. tend her remarks.) support. Mrs. SCHROEDER. Madam Speaker, Mrs. LAMBERT LINCOLN. Madam Mr. BONIOR. Madam Speaker, I yield I thank the gentleman for yielding, and Speaker, I thank the gentleman for one and a half minutes to the gen- yielding. As has been said earlier in I salute the gentleman from Michigan tleman from Massachusetts [Mr. for his leadership to fight on this, be- this debate, the best place to dry laun- FRANK]. dry is still in the sunshine, and the cause he is right. Government is not a Mr. FRANK of Massachusetts. sunshine is still the best place for Con- fungus, it can thrive in sunshine. But Madam Speaker, I thank the gen- gress to air our discussions about legis- the point I think the gentleman was tleman for yielding. I think we ought lation. trying to make, too, that is connected to be clear as to what we are talking As we look to the committee struc- to this is that the voters are not stu- about here. In my experience I have ture to help us in deciding, forming, de- pid, and they also know that some of seen very few, in fact, no closed meet- veloping, and perfecting legislation, it the issues they see that will now be ings. is very critical for us to keep those discussed in sunshine and have been in There is a very important concept meetings open and open to the public, many meetings already, but what they known as the elephant stick. The ele- the very people who pay our salaries are going to see in the sunshine, they phant stick is a stick that a man car- and who are directly affected by the know those deals may have been cut ries. It is not Tonya Harding’s stick, it laws that we passed. They should cer- somewhere else. And that is why you is the one that you carry around Du- tainly be welcome to see Congress in have to let the sunshine in a little pont Circle, and people say, ‘‘What are its action. brighter. you doing with that stick?’’ And the Congress in committee is certainly I think it goes back to the original answer is, ‘‘Well, it is to keep away all Congress in action, and that is where I concept I was talking about of the coin the elephants.’’ They say, ‘‘Well, there feel like it is most important as we operated legislative machine. If you aren’t any elephants at Dupont Cir- look to the committee structure as only get to see what is coming out of cle.’’ Then you say, ‘‘My stick works.’’ well as the conference reports, the con- the machine, you are only seeing half Now, my friends on the other side ference committees, to make sure that of the machine. And that is why many have got a lot of elephant sticks to- they do remain open to the public. De- of us are very disappointed tonight. We night. They are banishing nonexistent bate over these decisions should be do not have an opportunity to amend elephants at a fast and furious pace. If held in the public eye. this so that we can add sunshine as to they want to take credit for it, that is That is why I strongly support this what went into the machine, who was fine. But I have to tell you that these proposal. This will not threaten our na- putting the coins into the machine, closed meetings they talk about are tional security interests, because we and is there a connection. widely a figment of their imagination. found that classified information will I think the gentleman from Michigan But I am concerned about openness still be protected, and that is why I made an excellent point, and I only in this regard: I was told we were going support this legislation in opening up hope next time we get a chance to to have a new way of operating. Is it to the very people of the public that make an amendment so we see sun- the plan, and I will be glad to yield to which we are here to do on their behalf. shine everywhere. any member of the leadership on the Mr. CREMEANS. Madam Speaker, I Mr. CREMEANS. Madam Speaker, I other side, is it the plan to finish this yield 1 minute to the gentleman from yield 1 minute to a new Member from rule, and then take up another sepa- New Jersey [Mr. ZIMMER], who led the the Buckeye State, the gentleman from rate important bill, the compliance fight for similar legislation. Ohio [Mr. NEY] bill, at 2 or 3 o’clock in the morning, Mr. ZIMMER. Madam Speaker, I (Mr. NEY asked and was given per- and then do nothing tomorrow? thank the gentleman for yielding time mission to revise and extend his re- Is that the new way of legislating, to me. marks.) that we will take up the important H 62 CONGRESSIONAL RECORD — HOUSE January 4, 1995 question of compliance and its related of? What scares us so much about pub- Act in the Joint Committee on the Or- issues at 2 or 3 o’clock in the morning, lic scrutiny? ganization of Congress. keeping people here on overtime, and In a free and open society, shouldn’t Ms. DUNN. Madam Speaker, I want then tomorrow have nothing to do at Congress—the People’s House—take to thank all the people who have all? the lead in providing access? In giving helped on the Sunshine Act. This is a If that is in fact the plan on the other assurances to our constituents that wonderful moment for many of us, a side, I hope the leadership will tell us they’ll have a bird’s eye view of what is real moment of true reform. that, so some of us can suggest we going on in their government? Almost 2 years ago, Representative ought to finish this bill, go home for As we all know, many of the most RICH POMBO and the Republican fresh- the night, and come in tomorrow and critical public policy decisions are men and I spearheaded a freshman Re- then act on the compliance bill in the made at the committee level; we’ve got publican class project to put an end to sunshine, not at 2 o’clock in the morn- to ensure that the American people— closed-door sessions where public busi- ing. the people who sent us here—are part ness was done in private. Specifically, Mr. CREMEANS. Madam Speaker, I of that process. No reform is more im- and I want to inform the gentleman yield one minute to my fellow class- portant to a more accountable Con- from Massachusetts [Mr. FRANK], we mate from the Commonwealth of Vir- gress. had been outraged when the then chair- ginia the gentleman from Virginia. I’m pleased that this measure has fi- man, the gentleman from Illinois [Mr. [Mr. DAVIS]. nally been given the chance to see the ROSTENKOWSKI] escorted the public and (Mr. DAVIS asked and was given per- light of day. Now, let’s vote to shine the press out of a committee meeting mission to revise and extend his re- that light—freedom’s torch—on our and closed the meeting so no one would marks.) own proceedings. see Democrats voting to raise taxes Mr. DAVIS. Madam Speaker, I have b 2050 retroactively, while every single Re- been in local government for 15 years publican opposed them. where we were subject to sunshine As we all know, the most critical As the only freshman on the Joint laws, and I believe that total access for public policy decisions around here are Committee on the Organization of Con- the public and the media at committee made at the committee level. They af- gress, it was then my privilege to con- meetings will end once and for all the fect all Americans. We have to ensure tinue to push this item in the last Con- controversial practice of shutting the that the American people, the people gress, but the majority in the last Con- doors to meeting rooms and barring who sent us here, are part of that deci- gress was not friendly to reform, the public to facilitate backroom deals sionmaking process. No reform is more Madam Speaker. The Sunshine Act and with special interests. important, I believe, Madam Speaker, other important reforms were bottled This did happen, this is one elephant to accountability than this measure. up in committee and stalled to seeming on May 6th, 1993, when the Democratic I am pleased this measure has finally death. majority excluded the public while the been given the chance to see the light However, those reforms did not die. Committee on Ways and Means consid- of day. Now let us shine that light, Instead, they are being enacted today ered a $270 billion tax increase. freedom’s torch, on all of our proceed- by a new majority, and this sunshine Madam Speaker, meetings to prepare ings. rule is the direct descendent of our ef- tax bills should be open to the public, Mr. BONIOR. Madam Speaker, I yield fort 2 years ago. Now finally the rules as should other legislation that is myself such time as I may consume. will be changed. The public now has being drafted, and these other commit- Madam Speaker, let me just conclude the right to see the public’s business tee meetings should be open as well. by suggesting that this is a good being conducted. After all, Madam Open meetings will discourage back- amendment that the gentleman from Speaker, the public pays for the proc- room deals and increase congressional Ohio [Mr. CREMEANS] has suggested. I ess. They should be able to view the accountability. The committee sun- think it is time, I said earlier, that we process. shine reforms are long overdue. We let the sunshine in on all of our work- Now on this opening day, as reforms apply these reforms to many parts of ings in this institution and our com- begin, let the public watch their public the Executive Branch. it is time we mittees, but I again invite my col- servants. Let the press report events apply them to Congress as well. leagues on the other side of the aisle to based on eyewitness accounts. Let the Mr. CREMEANS. Madam Speaker, I let the sunshine in on those who have television cameras be our eye on the yield 1 minute to my friend and neigh- contributed through GoPAC to those process, when we cannot be here in bor from Ohio, the gentleman from campaigns. Washington, DC. Ohio [Mr. PORTMAN]. I think with important legislation Madam Speaker, let the sunshine in. (Mr. PORTMAN asked and was given coming before us so quickly in this ses- I thank the gentleman for yielding permission to revise and extend his re- sion, and there will be significant legis- time to me. marks.) lation that we will have before us in The SPEAKER pro tempore (Mrs. Mr. PORTMAN. Madam Speaker, I the next 90 days, it is important that JOHNSON of Connecticut). All time has thank my Ohio neighbor for yielding. the American people understand who expired. The question is on section 105 Madam Speaker, when I came to Con- contributed, how much, when they con- of the resolution. gress in a special election in 1993, the tributed, and in what States. We do not The question was taken; and the very first measure that I consponsored have that information now. Every Speaker pro tempore announced that was something called the Congres- other political campaign committee the ayes appeared to have it. sional Sunshine Act. As many in this has to disclose. GoPAC should be no ex- Mr. CREMEANS. Madam Speaker, on Chamber will recall, that was to be ception. that I demand the yeas and nays. part of the great reform movement of I would encourage and urge my col- The yeas and nays were ordered. the 103d Congress. The reforms never leagues in calling for revelations of The vote was taken by electronic de- happened. their contributions. It seems to me vice, and there were—yeas 431, nays 0, I am very pleased we have the oppor- that if GoPAC has nothing to hide, not voting 2, as follows: tunity tonight to act on this measure. then it should have nothing to be I am very pleased to see we have some afraid of. If GoPAC will not come clean [Roll No 10] new converts, who had the chance to and will not open their books, I think YEAS—431 cosponsor this bill last year and chose the American people have the right to Abercrombie Baldacci Becerra not to. ask what GoPAC is hiding. Ackerman Ballenger Beilenson Allard Barcia Bentsen Madam Speaker, the Sunshine Act Mr. CREMEANS. Madam Speaker, to Andrews Barr Bereuter was the first bill I consponsored be- close the debate on this vital rule Archer Barrett (NE) Berman cause it seemed indefensible to me, change, I yield 1 minute to the gentle- Armey Barrett (WI) Bevill that with the exceptions listed in this woman from Washington [Ms. DUNN], Bachus Bartlett Bilbray Baesler Barton Bilirakis rule, there is a need to hold hearings who led the charge on the issue in the Baker (CA) Bass Bishop behind closed doors. What are we afraid last Congress, fighting for a Sunshine Baker (LA) Bateman Bliley January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 63 Blute Foglietta Levin Roberts Slaughter Traficant Mr. FOX. Mr. Speaker, last year’s Boehlert Foley Lewis (CA) Roemer Smith (MI) Tucker Boehner Forbes Lewis (GA) Rogers Smith (NJ) Upton budget debate proved how easy it is for Bonilla Ford Lewis (KY) Rohrabacher Smith (TX) Velazquez Congress to impose higher taxes and Bonior Fowler Lightfoot Ros-Lehtinen Smith (WA) Vento increased spending on the American Bono Fox Linder Rose Solomon Visclosky people. Today we take a significant Borski Frank (MA) Lipinski Roth Souder Volkmer Boucher Franks (CT) Livingston Roukema Spence Vucanovich step toward making tax increases infi- Brewster Franks (NJ) LoBiondo Roybal-Allard Spratt Waldholtz nitely more difficult. Browder Frelinghuysen Lofgren Royce Stark Walker The goal of this new rule is twofold. Brown (CA) Frisa Longley Rush Stearns Walsh First, it will require three-fifths major- Brown (FL) Frost Lowey Sabo Stenholm Wamp Brown (OH) Funderburk Lucas Salmon Stockman Ward ity vote for tax increase measures and Brownback Furse Luther Sanders Stokes Waters amendments. Additionally, it will Bryant (TN) Gallegly Maloney Sanford Studds Watt (NC) place a prohibition on retroactive tax Sawyer Stump Waxman Bryant (TX) Ganske Manton increases. Bunn Gejdenson Manzullo Saxton Stupak Weldon (FL) Bunning Gekas Markey Scarborough Talent Weldon (PA) Had the three-fifths requirement Burr Gephardt Martinez Schaefer Tanner Weller been in effect during the 103d Congress, Burton Geren Martini Schiff Tate White the Clinton tax increase would not Buyer Gibbons Mascara Schroeder Tauzin Whitfield Callahan Gilchrest Matsui Schumer Taylor (MS) Wicker have passed. Instead of it passing by Calvert Gillmor McCarthy Scott Taylor (NC) Williams only one vote and with the support of Camp Gilman McCollum Seastrand Tejeda Wilson only one party, a clear bipartisan con- Sensenbrenner Thomas Wise Canady Gonzalez McCrery sensus would have been required. Cardin Goodlatte McDade Serrano Thompson Wolf Castle Goodling McDermott Shadegg Thornberry Woolsey The retroactive tax increases, which Chabot Gordon McHale Shaw Thornton Wyden added insult to injury, would not have Chambliss Goss McHugh Shays Thurman Wynn been possible had the new rule been in Chapman Graham McInnis Shuster Tiahrt Young (AK) Chenoweth Green McIntosh Sisisky Torkildsen Young (FL) effect. Taxes would not have been Christensen Greenwood McKeon Skaggs Torres Zeliff raised for 8 retroactive months for mil- Chrysler Gutierrez McKinney Skeen Torricelli Zimmer lions of hard working Americans, small Skelton Towns Clay Gutknecht McNulty business owners and senior citizens. Clayton Hall (OH) Meehan Clement Hall (TX) Meek NOT VOTING—2 If Members believe Americans are Clinger Hamilton Menendez Gunderson Yates undertaxed, they will not favor these Clyburn Hancock Metcalf proposals. But if they believe, as I do, Coble Hansen Meyers Coburn Harman Mfume b 2107 we must be cautious about tax in- Coleman Hastert Mica So, section 105 of the resolution was creases and they were appalled by the Collins (GA) Hastings (FL) Miller (CA) agreed to. spectacle of last-minute deals which Collins (IL) Hastings (WA) Miller (FL) accompanied the 1993 tax increase, Collins (MI) Hayes Mineta The result of the vote was announced Combest Hayworth Minge as above recorded. they ought to support this reform. Condit Hefley Mink The largest tax increase in American Conyers Hefner Moakley A motion to reconsider was laid on the table. history was passed August 5, 1993, by Cooley Heineman Molinari just one vote and with no bipartisan Costello Herger Mollohan The SPEAKER pro tempore (Mr. support. That will not happen in this Cox Hilleary Montgomery KOLBE). Section 106 of the resolution is Coyne Hilliard Moorhead now debatable for 20 minutes. The gen- new Congress. A tax increase enacted Cramer Hinchey Moran could only happen in the future if it Crane Hobson Morella tleman from Pennsylvania [Mr. FOX] Crapo Hoekstra Murtha will be recognized for 10 minutes, and has the broad support of Democrats Cremeans Hoke Myers the gentleman from Georgia [Mr. and Republicans working together Cubin Holden Myrick when all other reasonable alternatives LEWIS] will be recognized for 10 min- Cunningham Horn Nadler have been exhausted. Danner Hostettler Neal utes. Davis Houghton Nethercutt Ms. WATERS. Mr. Speaker, I have an Mr. Speaker, I yield 2 minutes to the de la Garza Hoyer Neumann amendment at the desk. gentleman from New Jersey [Mr. Deal Hunter Ney SAXTON]. DeFazio Hutchinson Norwood The SPEAKER pro tempore. The DeLauro Hyde Nussle Chair does not recognize the gentle- Mr. SAXTON. Mr. Speaker, I com- DeLay Inglis Oberstar mend the gentleman for bringing this Dellums Istook Obey woman at this time for an amendment. The gentleman from Pennsylvania [Mr. amendment to our attention. Deutsch Jackson-Lee Olver As you know, this amendment to the Diaz-Balart Jacobs Ortiz FOX] is recognized for 10 minutes. Dickey Jefferson Orton House Rules provides for a three-fifths Dicks Johnson (CT) Owens PARLIAMENTARY INQUIRY or 60 percent vote as a necessity to Dingell Johnson (SD) Oxley Ms. WATERS. Parliamentary in- pass any income tax increase. I first in- Dixon Johnson, E. B. Packard Doggett Johnson, Sam Pallone quiry, Mr. Speaker. troduced this concept in the form of a Dooley Johnston Parker The SPEAKER pro tempore. The gen- rule change on Tax Freedom Day, May Doolittle Jones Pastor tlewoman will state her inquiry. 8, 1991. I recognized then, as I do now, Dornan Kanjorski Paxon Doyle Kaptur Payne (NJ) Ms. WATERS. Mr. Speaker, I have an that our choices in methods used to Dreier Kasich Payne (VA) amendment at the desk in this section. balance the budget involve two very Duncan Kelly Pelosi This is a section that increases the difficult types of decisions. First, do we Dunn Kennedy (MA) Peterson (FL) vote requirement for raising taxes from raise taxes, or second, do we hold down Durbin Kennedy (RI) Peterson (MN) Edwards Kennelly Petri a simple majority to a three-fifths ma- spending to bring the budget into bal- Ehlers Kildee Pickett jority. I wish to protect Social Secu- ance. Ehrlich Kim Pombo rity from being cut by a simple major- History shows quite clearly that Emerson King Pomeroy Engel Kingston Porter ity. Why can I not add this amendment when faced with those two difficult op- English Kleczka Portman at this time? tions, this House has historically opted Ensign Klink Poshard The SPEAKER pro tempore. The gen- to increase taxes. Why? Simply because Eshoo Klug Pryce tlewoman should be advised that under it has always been the easier of the Evans Knollenberg Quillen Everett Kolbe Quinn the rule that amendment is not in two. Ewing LaFalce Radanovich order at this time. For example, in 1990, in the name of Farr LaHood Rahall The gentleman from Pennsylvania deficit reduction, the House leadership Fattah Lambert-Lincoln Ramstad Fawell Lantos Rangel [Mr. FOX] is recognized for 10 minutes. went off to Andrews Air Force Base Fazio Largent Reed Mr. FOX. Mr. Speaker, I yield myself with President Bush and his staff and, Fields (LA) Latham Regula such time as I may consume. in the name of deficit reduction, ar- Fields (TX) LaTourette Reynolds (Mr. FOX asked and was given per- rived at an agreement to increase taxes Filner Laughlin Richardson Flake Lazio Riggs mission to revise and extend his re- to once and for all put this deficit prob- Flanagan Leach Rivers marks.) lem behind us. It didn’t work. H 64 CONGRESSIONAL RECORD — HOUSE January 4, 1995 So then, in 1993, once again in the on retroactive rate increases that invariably the natural inclination of simple majorities name of deficit reduction, this time led mulct a small percentage of the electorate. to fasten an unfair proportion of the costs of by President Clinton and the Democrat Support this rule change. It is an es- government on minorities. The same is true leadership, Congress foisted the biggest sential element in restructuring our regarding Mr. Solomon’s recommended ban on retroactive rate increases that invariably tax increase in this country’s history fiscal process. mulct a small percentage of the electorate. upon the American people to once and Mr. Speaker, I include for the Experience teaches that spending bills are for all get the deficit reduction prob- RECORD the article from the Washing- characteristically spendthrift. The reasons lem behind us. It didn’t work either. ton Times of December 20, 1994 entitled are twofold: The benefits are ordinarily con- The fact of the matter is that, in ‘‘Solomon’s Wise House Discipline’’ on centrated and stimulate strong lobbying ef- 1990, the Andrews Air Force Base tax this subject, as follows: forts by the beneficiaries while the costs are deal was put together because we had House Rules Committee chairman-des- ordinarily diffuse. The logarithmic rocketing ignate Gerald Solomon deserves laurels for of Social Security spending illustrates that projected a horrendous $170 billion defi- political phenomenon. It speaks volumes cit by 1995. Today, after two tax in- proposed rule changes that would counteract the propensity of legislators to levy unfair or that in 1988 when Congress enacted a cata- creases and our failure to hold down oppressive taxes to fund run-away spending. strophic health insurance law for Medicare spending, the deficit at this year’s end Mr. Solomon will recommend to the 104th recipients fully funded by risk-based pre- is projected to be $180 billion, that’s Congress rules that would prohibit retro- miums, the elderly immediately screamed right, $10 billion more than had been active increases in federal income tax rates, for and obtained its repeal because they be- projected previously in 1990. and would require at least 60 percent House lieved the benefits were not worth the price majorities to approve prospective rate if they were the payors. In other words, Med- Once again, I point out that this is icare recipients would oppose the expansion after the two largest tax increases in jumps. These types of procedural checks on of Medicare spending if they were required to our country’s history. We’re not fool- majoritarian foolishness or over-reaching bear the cost. Spiralling government spend- ing anyone. Congress has always taken are neither unconstitutional nor novel; they ing also is politically attractive because a the easy way out and we have never represent praiseworthy efforts to overcome hefty portion of the cost through budget solved our deficit problem by raising skewed political incentives that systemati- deficits can be fastened * ** taxes. cally divorce government taxes and spending [From the Washington Times, Dec. 20, 1994] from public sentiments or the nation’s fu- The problem, as one Joint Economic TAX INCREASE LIMITATIONS ture welfare. Indeed, the House and Senate Committee study shows, is that for should require supermajorities to approve If the tax and spend profligacy of Congress each dollar in tax increases we have legislation that would increase tax levies of seemed confined to some special, urgent, and historically increased spending by any sort (not just federal income tax rates), transitory national need, then the justifica- $1.59. Therefore, it is clear that the increase federal government spending, or im- tion for supermajority voting rules would be route of least resistance, increasing pose substantial spending mandates on weak. But the profligacy seems endemic to taxes, has not worked. This rule states, localities or private enterprise. contemporary politics; the federal budget change will tend to put better balance Supermajority voting rules are constitu- has invariably been in deficit for a quarter of a century, and has become so habitual to in that process. tional and legislative commonplaces. For in- stances, two-thirds majorities in both houses lawmakers that deficits less than $200 billion Some have indicated a concern re- of Congress are required to override a presi- are oxymoronically styled ‘‘austerity.’’ garding the constitutionality of this dential veto or to propose constitutional Federal mandates that require states, lo- measure. Let me put those concerns to amendments, and a two-thirds Senate vote is calities, or private enterprise to incur sub- rest. I would like to quote from an arti- required to ratify treaties or to convict of an stantial costs to provide benefits to constitu- cle that appeared in the Washington impeachable offense. Many state constitu- ents or employees should also confront Times on December 20, 1994 by Bruce tions prohibit or tightly circumscribe the supermajority voting rules. They are more Fein. power of the legislature to levy new taxes or alluring to Congress than the most charming to increase bonded indebtedness. And U.S. temptress; the mandates gain the federal Supermajority voting rules are constitu- Senate rules require supermajorities to end lawmakers popularity with the beneficiaries tional and legislative commonplaces. filibusters or to waive balanced budget req- while escaping the unpopularity of increased The U.S. Supreme Court blessed the con- uisites for proposed legislation. Thus, the taxes to cover the costs of service. stitutionality of supermajority restraints on Uruguay Round GATT implementing bill ne- The justifications for the presidential vote the tax and spending propensities of govern- cessitated a 60 percent majority to waive the elaborated by Alexander Hamilton in Fed- ment in Gordon vs. Lance (1971). At issue Senate’s balanced budget rule. eralist 73 equally support the wisdom of Mr. were provisions of West Virginia laws that The U.S. Supreme Court blessed the con- Solomon’s proposed rules of legislative self- prevented political subdivisions from incur- stitutionality of supermajority restraints on restraint. Hamilton praised the veto as a ring bonded indebtedness or increasing tax the tax and spending propensities of govern- ‘‘salutary check upon the legislative body, rates beyond limits fixed in the West Vir- ment in Gordon vs. Lance (1971). At issue calculated to guard the community against ginia Constitution without the approval of 60 were provisions of West Virginia laws that the effects of faction, precipitancy, or of an percent of the voters in a referendum elec- prevented political subdivisions from incur- impulse unfriendly to the public good . . .’’ tion. Writing for the majority, Chief Justice ring bonded indebtedness or increasing tax Acknowledging that the veto might prevent Warren Burger stressed the political incen- rates beyond limits fixed in the West Vir- the enactment of good laws, he rejoined: tive for prodigality when the cost can be sad- ginia Constitution without the approval of 60 ‘‘[T]his objection will have little weight with dled on future generations without any polit- percent of the voters. in a referendum elec- those who can properly estimated the mis- ical voice: ‘‘It must be remembered that in tion. Writing for the majority, Chief Justice chief of that inconstancy and mutability in voting to issue bonds voters are committing, Warren Burger stressed the political incen- the laws, which form the greatest blemish in in part, the credit of infants and of genera- tive for prodigality when the costs can be the character and genius of our govern- tions yet unborn, and some restriction on saddled on future generations without any ments. They will consider every institution such commitment is not an unreasonable de- political voice. ‘‘It must be remembered that calculated to restrain the excess of lawmak- mand.’’ in voting to issue bonds voters are commit- ing . . . as much more likely to do good than The burden of federal income tax rate in- ting, in part, the credit of infants and of gen- harm. . . .’’ creases, unlike bonded indebtedness, must be erations yet unborn, and some restriction on Mr. Solomon’s proposed supermajority vot- fully borne by current votes. But they typi- such commitment is not an unreasonable de- ing rule for tax rate increases is a commend- cally are targeted at a minority slice of the mand.’’ able self-imposed legislative complement to electorate, such as those increases cham- The burden of federal income tax rate in- the constitutional veto power designed to pioned by the Clinton administration and en- creases, unlike bonded indebtedness, must be block improvident laws. Indeed, the rule acted by the 103d Congress. And the revenues fully borne by current votes. But they typi- should be broadened to reach all bills that generated by tax rate increases are charac- cally are targeted at a minority slice of the would raise taxes or spending. It should be teristically dedicated to spending programs electorate, such as those increases cham- remembered that the Constitution itself is a that benefit voters who escaped the tax in- pioned by the Clinton administration and en- testament against simple majoritarian rule; crease—for example, food stamps, Medicaid, acted by the 103rd Congress. And the reve- it thus smacks of obtuseness to interpret welfare, housing, job training, education, nues generated by tax rate increases are that anti-majortiarian charter as militating and farm subsidies. Mr. Solomon’s 60 percent characteristically dedicated to spending pro- against congressional self-restraint in law- supermajority voting rule for tax rate in- grams that benefit voters who escaped the making. creases is thus a healthy corrective to the tax increase—for example, food stamps, Med- natural inclination of simple majorities to icaid, welfare, housing, job training, edu- Mr. FOX. Mr. Speaker, I reserve the fasten an unfair proportion of the costs of cation and farm subsidies. Mr. Solomon’s 60 balance of my time. government on minorities. The same is true percent supermajority voting rule for tax Mr. LEWIS of Georgia. Mr. Speaker, regarding Mr. SOLOMON’s recommended ban rate increases is thus a healthy corrective to for the purposes of debate only, I yield January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 65 45 seconds to the gentlewoman from Mr. Speaker, it is ironic that on this having their own fiscal houses thrown California, [Ms. WATERS]. first day of a Republican Speaker in 40 in disorder. (Ms. WATERS asked and was given years, a Speaker who is a learned his- It is not only appropriate—but abso- permission to revise and extend her re- torical and a college professor of his- lutely necessary in light of the Court’s marks.) tory, who spoke eloquently of Ben ruling—that the House take this action Ms. WATERS. Mr. Speaker, I ask Franklin and the checks and balances to stop retroactive taxes. unanimous consent to offer the amend- and the Great Compromise that was I urge all of my colleagues, in a bi- ment I have at the desk. necessary to allow us to build a Con- partisan way to vote for this important The SPEAKER pro tempore. Under stitution that has lasted for 208 years, reform. The American taxpayers de- the rule, the amendment is not in it is ironic our Speaker is willing to serve nothing less. order, and the gentlewoman is not rec- lead Members, including 73 new Mem- Mr. LEWIS of Georgia. Mr. Speaker, ognized for the purpose of offering an bers, over a constitutional cliff. He for the purposes of debate only, I yield amendment at this time. The gentle- knows this greatest of constitutions 21⁄2 minutes to the gentleman from Col- woman has been recognized to speak on clearly specifies five instances where a orado [Mr. SKAGGS]. the section that is under debate. supermajority is necessary for a deci- Mr. SKAGGS. Mr. Speaker, civiliza- Ms. WATERS. Mr. Speaker, I say to sion. tion depends upon civility, and civility the American people I would like them Except for the ultimate penalty of re- rests upon an implicit trust that we to pay attention, watch closely. I have moving a Member of the branch who each abide by a shared sense of bounds, an amendment to offer now but I can- has been duly elected by the people in of what is within the rules. Each of us not. his or her district, all of those other must be able to expect of the others four represent veto override, treaty Republicans ran saying they wanted that we will play by the rules, and not ratification, impeachment, ratification to open up the congressional process. play with the rules. or rejection of a personnel or action by Now they are in charge, but look what The proposed rule does violence to a coequal branch. has happened. Today we have no this essential aspect of a civil society. chance to offer our proposals to change It is ironic for all of the years that It is a proposal to go beyond the House rules. the Senate, the other body, has re- bounds, to play with the rules, instead If Republicans believe it is fair to re- quired a supermajority to close debate. of by them. And in a most uncivil way, quire a three-fifths majority to raise They never dared to suggest that once it would abuse the discretion given this taxes, why can I not offer an amend- debate was closed it took more than a House by the Constitution to deter- ment to require the same majority in simply majority, one-half plus one, to mine the rules of its proceedings, by order to protect Social Security? I am make the decision. using the rules of the House to subvert ready to offer it today, but I cannot. And the ultimate irony, Mr. Speaker, part of the Constitution: the principle The Republicans will not allow this de- is that the Republican majority does of majority rule that is central to the bate today. not need to do this. They have the ma- operation of the legislative branch. If the American people voted for jority. They can simply vote ‘‘no’’ and change, I am not sure that is what they accomplish what is there. The Republicans say this proposed are getting. This type of reform is not So one can only conclude, Mr. Speak- rules change makes the difference be- what the people had in mind last No- er, that section 106 is a deliberate ef- tween them and the Democrats clear. vember, Mr. Speaker. fort to attack the Constitution which True. But it is not the difference they I would like to protect seniors, many is so strongly lauded here and which we assert. of whom live in fear of losing their all took an oath to uphold. Republicans say this rule change only income source. If Republicans Mr. FOX. Mr. Speaker, I yield 1 makes it clear that they are opposed to want to use the rules to further their minute to the gentleman from Min- tax increases. But this rule has much political ends, we Democrats would nesota [Mr. RAMSTAD]. more to do with the Constitution than like to use that means to protect sen- Mr. RAMSTAD. Mr. Speaker, what a with taxes. ior citizens. long way we have come in dealing What it really makes clear is that for Mr. LEWIS of Georgia. Mr. Speaker, straight with the American people. the sake of political posturing the Re- I yield such time as he may consume to Less than 17 months ago, this body publicans are willing to trample on the the gentleman from Utah [Mr. ORTON]. cast aside basic fairness and imposed Constitution which has guided us for (Mr. ORTON asked and was given unprecedented retroactive tax in- 206 years. permission to revise and extend his re- creases. American taxpayers were The Constitution is the most fun- marks.) aghast to learn that the tax increases damental statement of American val- Mr. ORTON. Mr. Speaker, I rise in opposi- were made effective to a date before ues, the very charter of our democracy. tion to the resolution. I urge my colleagues to President Clinton had even assumed of- The oath of office we took this after- re-read the U.S. Constitution, the history of the fice! noon was to support and defend the Constitutional Convention, and the Federalist Today, we are restoring credibility Constitution and to bear true faith and Papers. Madison, Jefferson, Hamilton and Jay with the American people. If this pro- allegiance to it. The first responsibil- were correct. The right decision was made posed rule is adopted, it will be against ity of our job in Congress is to honor and incorporated into our Constitution. All bills the rules of the House to consider any that charter and remain true to its are adopted by simple majority of both Houses legislation that contains a retroactive basic principles. except for overriding a Presidential veto im- tax increase. The gentleman from New York, the peachment, and amending the Constitution. In the last Congress, I authored new chairman of the Rules Committee, This resolution would create the requirement House Resolution 2147 to incorporate has written that the Constitution says of a supermajority to pass legislation not spec- this ‘‘taxpayer-protection’’ provision in the House may write its own rules. Yes. ified in the Constitution. Notwithstanding the our House rules. All told, 165 of our col- And the gentleman has quoted an 1892 fact that this is a bad idea, it is also unconsti- leagues either cosponsored that resolu- Supreme Court decision, United States tutional. tion or signed Discharge Petition No. versus Ballin, which says this rule- I urge my colleagues to reject this resolu- 11. making power ‘‘is absolute and beyond tion. Today, thanks in no small part to the challenge of any other body or tri- Mr. LEWIS of Georgia. Mr. Speaker, Chairman SOLOMON, we are finally get- bunal’’ so long as it does ‘‘not ignore for the purposes of debate only, I yield ting our chance to adopt this rule constitutional constraints or violate 11⁄2 minutes to the gentleman from change. fundamental rights.’’ Massachusetts [Mr. OLVER]. Mr. Speaker, last summer, while not But there’s the rub. The rulemaking speaking on the wisdom of retroactive power of the House does not give us a b 2120 taxes, the Supreme Court gave Con- license to steal other substantive pro- Mr. OLVER. Mr. Speaker, I thank gress a green light to raise taxes in visions of the Constitution, especially the gentleman for yielding me this this patently unfair manner, putting not one so central as the principle of time. all tax-paying Americans at risk of majority rule. H 66 CONGRESSIONAL RECORD — HOUSE January 4, 1995 The gentleman from New York con- would it provide that the Vice Presi- preme Court intervention in an area best left veniently failed to point out that a dent votes in the Senate only when to responsible congressional decision. unanimous Supreme Court in that very ‘‘they be equally divided’’? Because, as I ask unanimous consent to include same case determined that one con- Hamilton explained in Federalist No. after may remarks in the RECORD the stitutional constraint that limits the 68, it was necessary ‘‘to secure at all law professors’ full memorandum. rulemaking power is the requirement times the possibility of a definitive res- So, if this rule is so clearly unconsti- that a simple majority is sufficient to olution of the body.’’ Certainly the tutional, why propose it? pass regular legislation in Congress. To Framers didn’t intend the Senate to The answer is simple. This rule is a quote the Court: operate by the principles of majority gimmick. It is an act of high posturing. The general rule of all parliamentary bod- rule, but not the House. And as much as the Republicans may ies is that, when a quorum is present, the act Indeed, majority rule is such a fun- wish to seem opposed to tax increases, of a majority of the quorum is the act of the damental part of a democratic legisla- it is unseemly to do so at the expense body. This has been the rule for all time, ex- of the Constitution. cept so far as in any given case the terms of ture that the Founders saw no need to the organic act under which the body is as- state it explicitly—just as they didn’t This rule itself would violate the sembled have prescribed specific limitations. bother to spell out that it is the top Constitution, and voting for it would ** * No such limitation is found in the Fed- vote-getter, not the second-place fin- violate our oath to uphold the Con- eral Constitution, and therefore the general isher, who wins a race for Congress. stitution. Those are, obviously, serious law of such bodies obtains. But each is an inherent element of our matters. The Court expressed the same under- constitutional framework. Beyond that, if we start down this standing as recently as 1983, when, in The reason behind the principle of road of making it harder for Congress Immigration and Naturalization Service v. simple majority rule was stated clearly to carry out some of its responsibil- Chadha, it stated: in The Federalist—one of the five ities, who knows where it will end. Two * * * Art. II, sect. 2, requires that two- books which the new Speaker has weeks ago, Rep. Solomon sent out a thirds of the Senators present concur in the urged every Member to read. In Fed- ‘‘dear colleague’’ letter enclosing and Senate’s consent to a treaty, rather than the eralist No. 58, James Madison wrote: endorsing a newspaper column saying simple majority required for passage of legis- It has been said that more than a majority that this supermajority requirement lation. ought to have been required for a quorum, should be broadened to apply to all This principle, while not written into and in particular cases, if not in all, more taxes and fees; to any spending in- the text of the Constitution, was ex- than a majority of a quorum for a decision. crease; and to any bill imposing any plicitly adopted by the Constitutional That some advantages might have resulted costs on any type of private business— Convention. It was explicitly defended from such a precaution, cannot be denied. It for example, the Clean Air Act. in The Federalist, the major contem- might have been an additional shield to some So let’s be clear that if we vote today porary explanation of the Framer’s in- particular interests, and another obstacle for a supermajority for one type of leg- tent. It was followed by the first Con- generally to hasty and partial measures. But islation, in the future we’ll be voting these considerations are outweighed by the gress on its first day, and by every Con- inconveniences in the opposite scale. In all on extending that bad idea to other gress for every day since then. And, as cases where justice or the general good types of legislation, too. And with it, I’ve already indicated, this principle might require new laws to be passed, or ac- we slide measurably toward the has been explicitly found by the Su- tive measures to be pursued, the fundamen- empowerment of a minority against preme Court to be part of our constitu- tal principle of free government would be re- which Madison warned. tional framework. versed. It would be no longer the majority that Of course, the supermajority idea The Framers were very much aware would rule; the power would be transferred to might not stop at a three-fifths vote. If of the difference between a the minority. Were the defensive privilege the idea here is to make it hard to supermajority and a simple majority. limited to particular cases, an interested mi- raise taxes, do we really want it to be nority might take advantage of it to screen They met in Philadelphia against the themselves from equitable sacrifices to the easier to go to war than to raise taxes? historical backdrop of the Articles of general weal, or in particular emergencies to So perhaps we should have a rule re- Confederation, which required a extort unreasonable indulgences. (Emphasis quiring unanimous consent to declare supermajority in Congress for many ac- added.) war. tions, including the raising and spend- And again, remember that it was a Is any of that nonsense really less ing of money. It was the paralysis of lack of effective national government, preposterous—less an assault on the national government caused by the produced by the minority-rule effects basic American values of democracy supermajority requirement, more than of the supermajority provisions of the and majority rule—than the rule that any other single cause, that led to the Articles of Confederation, that led to is before us today? convening of the Constitutional Con- the convention that wrote the Con- The idea of a three-fifths majority to vention. stitution. raise tax rates was first proposed in the In that Philadelphia Convention, the Some argue that a three-fifths re- Republican Contract with America as a delegates repeatedly considered, and quirement to raise taxes would be like part of a balanced-budget amendment rejected, proposals to require a a two-thirds vote requirement to sus- to the Constitution, not as a rules supermajority for action by Congress, pend the rules and pass a bill, or the 60- change. For those of you who are seri- either on all subjects or on certain sub- vote requirement to end debate in the ous about this idea, that is the appro- jects. In only five instances did they Senate. Wrong. Those rules address priate and lawful way to do it—through specify something more than a major- procedural steps. A bill not approved an amendment to the Constitution. ity vote. These are for overriding a under suspension of the rules in the This proposal raises profound con- veto, ratifying a treaty, removing offi- House can be reconsidered and passed stitutional issues. Yet, there have been cials from office, expelling a Rep- by a simple majority. After debate is no hearings. And debate here tonight resentative or Senator, and proposing over in the Senate, only a simple ma- on the floor is limited to all of twenty amendments to the Constitution. jority is required to pass any bill. minutes. That is a shamelessly cavalier Amendments to the Constitution later So this proposed rule is not like any approach to a matter of such impor- added two others: restoring certain rule adopted in the 206 years in which tance. It belies its advocates’ claims to rights of former rebels, and determin- we have operated under our Constitu- a thoughtful and open deliberative ing the existence of a Presidential dis- tion. As 13 distinguished professors of process in this House. ability. constitutional law recently said in urg- What is at stake here is the Constitu- The records of the debates in Phila- ing the House to reject this rule: tion. Have respect for this foundation delphia make it clear that in all other document of our democracy. Don’t re- instances the writers of the Constitu- This proposal violates the explicit inten- turn us to the failed approach of the tions of the Framers. It is inconsistent with tion assumed that a simple majority the Constitution’s language and structure. It Articles of Confederation. Don’t sub- would suffice for passage of legislation. departs sharply from traditional congres- vert the Constitution’s basic prin- The text of the Constitution itself also sional practice. It may generate constitu- ciples. And don’t ask us to break the indicates as much. Why, otherwise, tional litigation that will encourage Su- oath of office we just took. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 67 Mr. Speaker, I call on my colleagues supermajorities for specially important sub- of serious deliberation by the Members. to support and defend the Constitution jects, including the raising and spending of House rules are made unilaterally without of the United States. money.5 But the Philadelphia Convention de- consultation with the Senate. Hence sub- cisively rejected such a system, repeatedly stantive judgments cannot be reached after To: The Honorable Newt Gingrich. voting down key proposals that imposed the complex bicameral process contemplated From: (Institutional affiliations are for pur- supermajorities in legislative fields of spe- by Article I. House rules are made by a bare poses of identification only) Bruce Acker- cial sensitivity.6 In Federalist No. 22, Alex- majority. Hence the enactment of man, Professor of Law and Political ander Hamilton explicitly defended this deci- supermajority rules provides a mechanism to Science, Yale University; Akhil Amar, Pro- sion to break with the supermajority system transform a narrow majority into a fessor of Law, Yale Law School; Philip of the Articles, insisting that ordinary legis- supermajority at a time when the process of Bobbitt, Professor of Law, University of lation should not ‘‘give a minority a nega- substantive deliberation has not yet seri- Texas Law School; Richard Fallon, Profes- tive upon the majority.’’ 7 ously begun. The introduction of substantive sor of Law, Harvard Law School; Paul The Founders rejection of selective policies into procedural rules, then, under- Kahn, Professor of Law, Yale Law School; supermajority rule for specially sensitive mines the system of deliberative democracy Philip Kurland, Professor of Law, Univer- legislation was neither casual nor peripheral established at the Founding. sity of Chicago Law School; Douglas to their larger design. Instead, it was based Defenders of the supermajority rule have Laycock, Professor of Law, University of on practical experience and careful consider- minimized its threat to constitutional values Texas Law School; Sanford Levinson, Pro- ation of the arguments on both sides. Noth- by suggesting ‘‘that the same House major- fessor of Law, University of Texas Law ing in the past two centuries of our history ity that votes to impose a three-fifths rule School; Frank Michelman, Professor of authorizes a simple majority of the House to could as easily vote to rescind that rule if it Law, Harvard Law School; Michael Perry, take unilateral action and restrike the con- truly wanted to raise taxes.’’ 11 But this Professor of Law, Northwestern University stitutional balance. claim is simply false. Once the sixty-percent School of Law; David Strauss, Professor of 2. CONSTITUTIONAL TEXT AND STRUCTURE provision is on the books, its operation Law, University of Chicago Law School; Of course, there are times when the Con- would apply to tax legislation unless the Cass Sunstein, Professor of Law, Univer- stitution weighs the balance differently. On House agreed to suspend its rules. But we sity of Chicago Law School; Harry Welling- seven different occasions, it stipulates a have seen that this can only occur after a ton, Dean, New York Law School. supermajority requirement.8 But it never two-thirds vote. House traditions even given We urge you to reconsider your proposal to makes three-fifths, rather than two-thirds, a the Speaker unilateral authority to refuse to amend the House Rules to require a three- numerical hurdle of special significance. recognize a motion to suspend the rules even fifths vote to enact laws that increase in- More fundamentally, it never places any spe- if two-thirds wished to allow the majority to come taxes.1 This proposal violates the ex- cial obstacles on the enactment of ordinary have its say.12 plicit intentions of the Framers. It is incon- legislation signed by the President.9 As the Indeed, even if the House wished to recon- sistent with the Constitution’s language and Chadha case teaches, this carefully consid- sider its opening day decision to impose a structure. It departs sharply from tradi- ered lawmaking system can only be changed three-fifths rule, it would have great dif- tional congressional practice. It may gen- by constitutional amendment.10 ficulty doing so. Such an effort normally re- erate constitutional litigation that will en- If the present proposal were legitimate, it quires the prior approval of the House Rules courage Supreme Court intervention in an would set a precedent for endless prolifera- Committee, whose composition does not mir- area best left to responsible congressional tion of supermajority requirements: If in- ror the House as a whole. The only remain- decision. come tax increases can be subject to a spe- ing method for reconsideration will be the Unless the proposal is withdrawn now, it cial rule, why not national defense or civil notoriously difficult procedure by which 218 will serve as an unfortunate precedent for rights? Since a 60 percent rule has no special members may finally force the Rules Com- the proliferation of supermajority rules on a place in the constitutional text, why not 55 mittee to ‘‘discharge’’ a measure that it has host of different subjects in the future. Over or 73 percent? Indeed, the present proposal bottled up.13 While 218 is an absolute major- time, we will see the continuing erosion of already suggests how easily this logic may ity of the whole House, requiring such a our central constitutional commitments to be extended. It not only contains a three- large number is inconsistent with Madison’s majority rule and deliberative democracy. fifths rule for income tax increases, but im- insistence that ‘‘a majority of a quorum’’ 1. ORIGINAL INTENTIONS poses a kind of unanimity rule for the spe- should suffice for ordinary legislation. By cial category of ‘‘retroactive’’ taxes—already The present proposal is unprecedented, but the time this mechanism could be employed, propelling us down the path to proliferation. it was anticipated by Madison in a remark- moreover, the chance to vote on pending tax It is true that the constitution gives each measures may have long since passed. ably prescient discussion in the Federalist house the right ‘‘to determine the rules of its Papers—a document that you rightly urge There is no escape, then, from the conclu- proceedings.’’ This sensible housekeeping sion that the proposed rule strikes at the your colleagues to reread with care. Federal- provision, however, does not authorize the ist No. 58 is explicitly directed to complaints heart of the system of deliberative democ- House to violate fundamental principles of racy established by the Constitution. about the constitutional design of the House. constitutional democracy. It simply author- It concludes by confronting an objection izes it to organize itself for informed and ef- 3. CONGRESSIONAL PRACTICE ‘‘against the number made competent for ficient debate and decision. The sixty-percent proposal seems to be legislative business.’’ Madison’s description Indeed, we have no objection to based on an analogy with the Senate’s prac- perfectly fits the present proposal: supermajority rules so long as they fit com- tice on cloture. Whatever the constitutional It has been said that more than a majority fortably within this rationale. Consider, for merits of the filibuster rule, it does not pro- ought to have been required for a quorum, example, the House rule that requires a two- vide a sound precedent. By making it hard to and in particular cases, if not in all, more thirds vote to suspend the rules for the expe- stop filibusters, the cloture rule provides for than a majority of a quorum for a decision.2 ditious consideration of legislation. This a more fully informed discussion, and falls Madison rejects this suggestion, but only supermajority requirement transparently within the rationale of the Constitution’s after recognizing that it serves certain val- serves the interest of the efficient organiza- grant of rule-making power to both Houses. ues—notably it might serve as a ‘‘shield to tion of decisionmaking. If it were too easy to In contrast to this general and procedural some particular interests, and another obsta- suspend House rules, there would be undue norm, the House proposal is selective and cle to hasty and partial measures.’’ 3 None- disruption of the normal system of delibera- substantive and is simply beyond the scope theless, he finds these considerations ‘‘out- tion and decision; but if it were impossible, of its rule-making authority. weighed’’ by more fundamental ones: the House would be incapable of responding It is quite true that, since 1985, Congress In all cases where justice or the general to emergencies. Hence, a two-thirds rule is a has passed new rules requiring a three-fifths good might require new laws to be passed, or perfectly appropriate way to exercise the majority in the Senate as part of the budget active measures to be pursued, the fun- House’s power ‘‘to determine the rules of its reconciliation process.14 While these provi- damental principle of free government would proceedings.’’ sions are vulnerable to our constitutional be reversed. It would be no longer the major- But the present proposal cannot be justi- objection, they are such recent innovations ity that would rule; the power would be fied as a general procedure aiming to induce that they can hardly count as a ‘‘tradition’’ transferred to the minority. Were the defen- deliberative decisionmaking. It is simply which demands constitutional respect. sive privilege limited to particular cases, an based upon a substantive and selective judg- interested minority might take advantage of ment that income tax increases—and only 4. SUPREME COURT REVIEW it to screen themselves from equitable sac- these increases—are unwise and should not We believe that the constitutional viola- rifices to the general weal, or in particular be encouraged. Such opinions are entirely tion is sufficiently plain and fundamental to emergencies to extort unreasonable indul- defensible, but they do not fall within the warrant action by the Supreme Court. As the gences.4 limited constitutional authority granted Court cautioned in United States v. Ballin, Madison’s audience understood the back- each house over its ‘‘proceedings.’’ House rules may not ‘‘ignore constitutional drop of these remarks. The Articles of Con- There is much more than language at restraints or violate fundamental rights.’’15 federation required Congressional stake. House rules are enacted on the first The Court went on to elaborate principles of day of the session. Hence substantive judg- constitutional interpretation of decisive sig- Footnotes at end of article. ments made in the rules cannot be the result nificance in the present case: H 68 CONGRESSIONAL RECORD — HOUSE January 4, 1995 [T]he general rule of all parliamentary 12 See Charles Tiefer, Congressional Practice and This measure may sound good to our con- bodies is that, when a quorum is present, the Procedure: A Reference, Research and Legislative stituents. Many Americans are upset at all of act of a majority of the quorum is the act of Guide 299 (Greenwood Press, 1989). 13 their taxes: Federal income taxes, State in- the body. This has been the rule for all time, Id. at 314–26. 14 See Kate Stith, Rewriting the Fiscal Constitu- except so far as in any given case the terms come taxes, sales taxes, and property taxes. tion: The Case of Gramm—Rudman-Hollings, 76 I share their sentimentsÐit is imperative that of the organic act under which the body is Calif. L. Rev. 593, 666 (1988). These rules were ex- assembled have prescribed specific limita- panded in scope in P.L. 101–508, sec. 13208, 104 Stat we provide middle-class Americans with tions.16 1388–619 (1990). As in previous cases, Congress made meaningful tax relief. We emphasize, however, that it would be it clear that such statutory creation of So why am I voting against this supposed far better to rethink the issue at this stage supermajority rules involved ‘‘an exercise of the reform? Quite simply because it threatens the than invite litigation. Not only would litiga- rule-making power of the Senate.’’ See sec 13305, 104 tion lead to a protracted period of uncer- Stat 1388–627 (1990). See also, P.L. 103–66, sec. 14004, very foundations of our democratic society and tainty, but it would destroy a valuable 107 Stat. 685 (1993). violates the American tradition of majority rule. 15 United States v. Ballin, 144 U.S. 1, 5 (1891). The Founding Fathers explicitly rejected the House tradition of constitutional self-re- 16 Id. at 6. straint in the exercise of its rule-making 17 See Michel v. Anderson, 14 F3d 623 (D.C. Cir. notion of supermajorities at the Philadelphia powers which has served the country well for 1994), affirming 817 F. Supp. 126 (D.D.C. 1993). See Constitutional Convention. As Alexander Ham- two centuries. It would be far better to re- also, Kennedy v. Sampson, 511 F2d 430 (D.C. Cir. ilton said, we should not ``give the minority a deem this tradition now without the need of 1974); Barnes v. Kline, 759 F2d 21, 25–30 (D.C. Cir. negative on the majority.'' an unnecessary confrontation with the 1985), vacated as moot sub nom Burke v. Barnes, 107 Court. S. Ct. 734 (1987) (reaffirming Kennedy analysis of James Madison was even more specific. Indeed, both the Senate and President standing); Laurence Tribe, American Constitutional With a supermajority, he said, ``the fundamen- would also find themselves drawn into the Law 152–54 (2d ed. 1988); Bator et al., Hart & tal principle of free government would be re- Wechsler’s Federal Courts and the Federal System controversy. Both of these branches would be 157 n. 7 (3d ed. 1988). versed. It would be no longer the majority that required to define their own constitutional 18 See INS v. Chadha, 462 U.S. 919 (1983); Powell v. would rule; the power transferred to the minor- responsibilities if a tax measure gained the McCormack, 395 U.S. 486 (1969). ity.'' support of a House majority that fell short of Mr. FOX. Mr. Speaker, I yield 1 Let us not try to solve one problem by creat- three-fifths. The resulting confusion would undermine fundamental commitments to the minute to the gentleman from Wash- ing worse ones. Let us all work together to rule of law, and would predictably draw the ington [Mr. TATE]. provide middle-class taxpayers with real and Supreme Court into the affair. Mr. TATE. Mr. Speaker, mugging a meaningful tax cuts. But let us not attack the Under applicable precedent, Representa- senior citizen and stealing their money very foundation of our free societyÐthe Amer- tives have standing to challenge basic law- will land you in jail. Why then is it so ican Constitution. It has served us well for making practices which dilute the voting easy for Congress to raise taxes and over 200 yearsÐlet's keep it. power that the Constitution grants to them spend more money out of the pockets Mr. LEWIS of Georgia. Mr. Speaker, and their constituents.17 Other cases estab- lish that the Supreme Court will intervene of hard-working American people? I yield such time as she may consume on the merits to protect the integrity of the Raising taxes, sending your money to to the gentlewoman from North Caro- deliberative and democratic process estab- Washington, DC, should not be simple. lina [Mrs. CLAYTON]. lished by the Constitution.18 The newly elected Congress was (Mrs. CLAYTON asked and was given But the better part of wisdom is to avoid given a message by the American peo- permission to revise and extend her re- confrontation and return to the foundations ple that the days of tax and of spend marks.) of deliberative democracy laid down by are over. Mrs. CLAYTON. Mr. Speaker, I rise Madison in the Federalist Papers. I am in favor of the proposal of re- in opposition to this unconstitutional FOOTNOTES quiring a 60-percent majority in order amendment. 1 Sec. 106. Limitation on Tax Increases: (a) No bill, to raise taxes so that the taxing ways Mr. LEWIS of Georgia. Mr. Speaker, joint resolution, amendment or conference report carrying an income tax rate increase could be con- of Congress are gone forever. I yield such time as she may consume sidered as passed or agreed to unless so determined This will restore the fiscal discipline to the gentlewoman from Georgia [Ms. by a vote of at least three-fifths of the House. No by which every American family must MCKINNEY]. measure or amendment could be considered that contains a retroactive income tax rate increase. live, spend less, save more, and balance (Ms. MCKINNEY asked and was given See p. 3 for our analysis of the second sentence of your budget. permission to revise and extend her re- this proposal. The simple solutions of the past have marks.) 2 Federalist No. 58, p. 396 (Ed. Jacob E. Cooke, Wes- cost Americans millions and cost the Ms. MCKINNEY. Mr. Speaker, I rise leyan University Press: 1961) (emphasis supplied). 3 Id. taxpayers thousands of jobs. People in opposition to this section. This rule 4 Ibid., p. 397. work hard for their money, and it would require a three-fifths majority 5 Articles of Confederation, art. 9, para. 6 (1781). should be hard for Congress to take to pass any legislation raising income 6 These proposals sought to impose a two-thirds rule on legislation dealing with commerce and navi- that from them. tax rates. This rule flies in the face of gation—fields which were understood to be sensitive I urge my colleagues to require a 60- the Constitution. It will only strength- precisely because they characteristically involved percent vote to approve all tax in- en the ability of special interest lob- taxation. 5 Johnathan Elliot, Debates on the Adop- creases. bies to paralyze this Nation. tion of the Federal Constitution 489–92, 552 (Phila- delphia: 1941). Mr. LEWIS of Georgia. Mr. Speaker, Let us be clear that this rule would 7 Federalist No. 22, supra n. 2, at 140. Like Madison, I yield such time as she may consume only govern taxes on earned income. Hamilton counseled that ‘‘much ill may be produced to the gentlewoman from Hawaii [Mrs. Income taxes are progressive taxes. Re- by the power of hindering that which is necessary from being done, and of keeping affairs in the same MINK]. publicans do not propose a three-fifths unfavorable posture in which they appended to stand (Mrs. MINK of Hawaii asked and was requirement to change the tax rate for at a particular period.’’ Id. at 141. given permission to revise and extend capital gains. Republicans do not pro- 8 The original Constitution identifies five contexts her remarks.) pose a three-fifths majority to create for supermajority rule—when overriding Presi- dential vetoes, ratifying treaties, proposing con- Mrs. MINK of Hawaii. Mr. Speaker, I tax shelters for tax avoiders. Repub- stitutional amendments, convicting on impeach- rise in opposition to this proposal. licans do not propose a three-fifths re- ments, and expelling members from the House or Mr. LEWIS of Georgia. Mr. Speaker, quirement to increase deficit spending Senate. Two more are added by the Fourteenth Amendment (two-thirds of both Houses required to I yield such time as he may consume to or raise the national debt. remove disability of rebellious officeholders) and the the gentleman from California [Mr. This is one more gimmick. Its a gim- Twenty-fifth Amendment (two-thirds of both Houses FILNER]. mick that will spawn more gimmicks. required to establish Presidential disability to dis- (Mr. FILNER asked and was given Its a gimmick that will undermine the charge office). In addition, the Twelfth Amendment requires an absolute majority of the relevant cham- permission to revise and extend his re- constitutional provisions for majority ber in cases where no candidate for President or marks.) rule in the House of Representatives. Vice-President has won a majority in the Electoral Mr. FILNER. Mr. Speaker, I rise in I urge my colleagues to respect the College. 9 The textual commitment to majority rule is also opposition to this unconstitutional pledge they made to uphold the Con- expressed by the grant of a vote to the Vice-Presi- measure. stitution. Don’t give in to gimmicks. dent in those cases in which the Senators are Mr. Speaker and colleagues, I rise in oppo- Mr. LEWIS of Georgia. Mr. Speaker, ‘‘equally divided.’’ U.S. Constitution, art. 1, sec. 3. sition to the requirement for a super-majority I yield such time as he may consume to 10 I.N.S. v. Chadha, 462 U.S. 919 (1983). 11 Letter of Roger Pilon to the Editor of the New of three-fifths of the House of Representatives the gentleman from California [Mr. York Times, December 16, 1994, p. 38, col. 8. to increase income taxes. BECERRA]. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 69 (Mr. BECERRA asked and was given Mr. FOX. Mr. Speaker, I yield 45 sec- that are worried about the income tax permission to revise and extend his re- onds to the gentleman from Illinois rates will be protected. marks.) [Mr. EWING]. But this is unconstitutional. There is Mr. BECERRA. Mr. Speaker, I also (Mr. EWING asked and was given per- no way that a simple majority of this rise in opposition to this measure. mission to revise and extend his re- House can adopt a rule here tonight Mr. LEWIS of Georgia. Mr. Speaker, marks.) and bind the rest of the House to re- I yield such time as he may consume to Mr. EWING. Mr. Speaker, ladies and quire a 60 percent vote on any other the gentleman from Vermont [Mr. gentleman of the House, the reason we thing. SANDERS]. are here tonight on this amendment is Mr. LEWIS of Georgia. Mr. Speaker, (Mr. SANDERS asked and was given because we forced through this House a for purposes of debate only, I yield 1 permission to revise and extend his re- retroactive tax increase last year. We minute to the gentlewoman from Con- marks.) would not probably be having this necticut [Mrs. KENNELLY]. Mr. SANDERS. Mr. Speaker, I rise in amendment today if you had not tram- Mrs. KENNELLY. Mr. Speaker, I rise opposition to this measure. pled on the rights of the taxpayers of in strong opposition to this rules Mr. LEWIS of Georgia. Mr. Speaker, America. This is a good bill, this is a change to have three-fifths to change for the purposes of debate only, I yield good amendment. We need this to pro- the tax rate for an increase or a de- 1 minute to the gentleman from Mary- tect American taxpayers. crease in income taxes, and I do this land [Mr. HOYER]. Support this amendment. because there is no precedent in Con- Mr. FOX. Mr. Speaker, I yield such gress requiring a super-majority for b 2130 time as he may consume to the gen- final action on any measure except tleman from Arizona [Mr. SHADEGG]. Mr. HOYER. Mr. Speaker, today our those specifically cited in the Constitu- (Mr. SHADEGG asked and was given new Speaker spoke of the majesty of tion, such as overriding a veto or im- permission to revise and extend his re- this House. He spoke of 208 years of his- peachment. marks.) We have seen what a super-majority tory. He spoke of the light of the Mr. SHADEGG. Mr. Speaker, I rise in has done in the Senate by requiring 60 world, this democracy, America. support of the amendment to require a It is our Constitution that gives this three-fifths vote majority to increase votes to end debate. It results in democracy its grace and its reverbera- taxes. gridlock. Nothing happens. Nothing tion around the world. Mr. FOX. Mr. Speaker, I yield such gets done. Whether you agree or disagree, no time as he may consume to the gen- I cite James Madison as he discussed one disagrees that this issue is of con- the rationale for not raising this tleman from Tennessee [Mr. DUNCAN]. stitutional magnitude. My freshmen (Mr. DUNCAN asked and was given threshold, and he said, ‘‘The fundamen- friends who want open meetings and permission to revise and extend his re- tal principles of free government would the elimination of ghost voting do not marks.) be reversed. It would no longer be the come to this House and say to the Mr. DUNCAN. Mr. Speaker, I rise in majority that would control, power American public that we will give 10 strong support of this tax limitation would be transferred to the minority.’’ minutes per side of an issue of con- provision. The new majority should not over- stitutional magnitude. If we retain the The very clear message of the last ride the wisdom of our forefathers. majority again and require a 3/5ths election was that the American people That is not a good rules change. vote to repeal any action taken by the want a smaller and less expensive gov- Mr. LEWIS of Georgia. Mr. Speaker, previous Congress, would any of you ernment. There is no better way to for purposes of debate only, I yield only stand still for such an act? I think not. start this process than by passing this 5 seconds to the gentleman from New Reject this provision. provision. York [Mr. OWENS]. Mr. FOX. Mr. Speaker, I yield 30 sec- The average American today pays al- Mr. OWENS. I thank the gentleman onds to the gentlewoman from Wash- most half of his or her income in taxes, for yielding. ington [Mrs. SMITH]. counting taxes of all types—Federal, Mr. Speaker, I move that we adjourn, Mrs. SMITH of Washington. I thank State, and local. This is not only and I ask for a recorded vote. the gentleman for yielding this time to enough, it is too much. Mr. LEWIS of Georgia. For purpose me. If we really want to help the children of debate only. Mr. Speaker, requiring a 3/5ths vote and families of this country, the best Mr. OWENS. I move we adjourn. makes tax increases a last resort. way we can do that is to greatly Mr. BARTON of Texas. Regular In Washington State just a year ago downsize the government and decrease order. Reserving the right to object—— the people of the State passed an ini- its cost. Only in this way can we allow Mr. WALKER. Is the motion in writ- tiative to do just this. And do you the individuals and families of this Na- ing? know what happened? Right now, in- tion to spend more of their own money Mr. VOLKMER. He recognized him. stead of considering tax increase, they on the things that they need the most. The SPEAKER pro tempore (Mr. are actually looking at places to con- I believe very strongly that the KOLBE). The gentleman is not yet rec- trol the budget and looking at the base American people can do a much better ognized. Is the gentleman’s motion in of the budget where we have never job of spending their money than the writing? looked before. bureaucrats in Washington who cur- Mr. OWENS. A motion to adjourn If we are going to get to control rently spend it for them. does not have to be in writing. spending and control the deficit, we ab- Mr. FOX. Mr. Speaker, I reserve the I move that we adjourn and ask for a solutely have to control the ability to balance of my time in order to close. recorded vote. raise taxes first. Mr. LEWIS of Georgia. Mr. Speaker, The SPEAKER pro tempore. Since a I urge my colleagues to vote ‘‘yes’’ for purposes of debate only, I yield 30 Member has properly demanded that on this proposal. seconds to the gentleman from Florida the notices be in writing, is the gentle- Mr. LEWIS of Georgia. Mr. Speaker, [Mr. GIBBONS]. man’s motion in writing? for purposes of debate only, I yield 15 Mr. GIBBONS. I thank the gentleman Mr. OWENS. In writing? It does not seconds to the gentleman from Indiana for yielding this time to me. have to be in writing. [Mr. JACOBS]. Mr. Speaker, it is obvious that many Mr. SOLOMON. Mr. Speaker, the gen- Mr. JACOBS. I thank the gentleman of the proponents of this proposal have tleman’s 5 seconds are up. for yielding this time to me. not even read it, for if they had, they The SPEAKER pro tempore. Did the Mr. Speaker, after everything is said would discover to their chagrin that it gentleman from Georgia yield to a that can be said, this proposal would only limits the Congress in enacting Member for the purpose of debate only? make it more, would make it easier to income tax rate increases, not tax in- Mr. LEWIS of Georgia. Mr. Speaker, run up the bills than to pay them, thus creases. You know what that will do: for purposes of debate only, I yield 45 beckoning one of the weakest aspects Merely transfer the tax increases over seconds to the gentleman from New of human nature. to other kind of taxes where the people York [Mr. LAFALCE]. H 70 CONGRESSIONAL RECORD — HOUSE January 4, 1995

Mr. LAFALCE. Mr. Speaker, I be- thinks they got it wrong. He would add his Ms. JACKSON-LEE. Mr. Speaker, let seech you, think what you are doing own policy preference to that select list. me say that I rise to say that I am not today. It may be the most important If he succeeds, the tactic will probably be here to raise taxes. I am here to lower vote of your congressional career. used again. Republicans could force a three- taxes. But what is the reason for a ma- 208 years ago this same fundamental fifths vote to cut defense spending, for exam- ple. If Democrats regain control, they could jority, a supermajority, when simply a debate took place. You have the oppor- require a three-fifths vote to cut poverty majority can say to the American peo- tunity to side with James Madison, programs. So much for majority rule. So ple, we don’t want taxes. I think that with Alexander Hamilton, and continue much for simple fairness. we are going in an unconstitutional the principles of the Constitution, or Mr. Gingrich’s boldness has a darker side— way if we start talking about making a you have the opportunity, by your vote recklessness. With this proposal, he defies superminority. It is important to be today, to side with those who wanted the intent of the framers of the Constitution, able to say we do not want to raise to retain the Articles of Confederation. and upsets a carefully-balanced system that taxes and we vote in a simple majority This amendment does violence to the has worked well for two centuries. to do so. principles established by our fore- If Mr. Gingrich believes tax hikes deserve such exalted status, he should proceed in ac- Mr. Speaker, there have been only fathers and by each and every one of cord with the Constitution and offer a con- three actions in the Constitution that our descendants in this House of Rep- stitutional amendment. That would require need a two-thirds vote. Why are we not resentatives. It is inherently unfair; it approval by two-thirds of each house in Con- trying to change, and to argue that we is inherently undemocratic; it is inher- gress, and three-fourths of the states—unless want to create this superminority? ently unconstitutional. tow-thirds of the states convene a constitu- I say to my colleagues, vote for lower The SPEAKER pro tempore. Does the tional convention. Apparently, Mr. Gingrich taxes. You don’t need a supermajority. gentleman from Pennsylvania [Mr. does not want to risk the scrutiny that the Support the Constitution. Founding Fathers prescribed for such mo- FOX] have only one remaining speaker? Mr. Speaker, I do not want to vote for an in- Mr. FOX. That is correct, Mr. Speak- mentous change. Other changes offered by Mr. Gingrich crease in taxes, and if such an item were pre- er. We want to make sure we are last. make sense. At his behest, the incoming Re- sented at this time, I would vote ``no.'' There The SPEAKER pro tempore. The gen- publican majority has voted to reduce the are only five situations where current rules re- tleman from Pennsylvania reserves the number of committees in the House, and cut quire more than a simple majority of Members balance of his time. staff. He would make each committee’s juris- voting for the House to act. A two-thirds Mr. FOX. Yes, Mr. Speaker. diction more clear. The change is designed to supermajority is required in two instancesÐ Mr. LEWIS of Georgia. Mr. Speaker, prevent several committees from latching passage of a bill under suspension of the for purposes of debate only, I yield 45 onto a single issue, as happened with health rules, and consideration of a rule rec- seconds to the gentleman from New legislation earlier this year. Mr. Gingrich was right to end funding for ommended by the Rules Committee on the Jersey [Mr. MENENDEZ]. the special caucuses, including the Black same day it was reported. Additionally, the (Mr. MENENDEZ asked and was Congressional Caucus and the Caucus for Constitution of the United States requires a given permission to revise and extend Women’s Issues. He has been accused of cut- two-thirds vote for House action in three situa- his remarks, and to include extraneous ting these funds to undercut his political op- tionsÐoverriding the President's veto, submit- material.) position, and that may be the case. Never- ting a constitutional amendment to the states Mr. MENENDEZ. Mr. Speaker, para- theless, there is merit to his case. for consideration, and expelling a Member phrasing from a newspaper editorial: The caucuses are special-interest groups, from the House. All other action by the House Not content with their party’s 15-vote ma- and taxpayers shouldn’t have to support is accomplished by a majority vote of Mem- them. The 28 caucuses that get taxpayer jority in the House of Representatives, the bers present and voting. Republicans want to improve their odds by money have spent $35 million in the last dec- ade, and critics say $7 million of that hasn’t This measure will simply tie the hands of changing the rules of the game. the House and actually prevent its Members The Republicans intend to offer a bill that been accounted for. One caucus, the New would require a 3/5s majority in the House to York State congressional delegation, bought from doing the business of the American peo- approve any bill increasing some taxes. So a Steuben glass eagle and 11 crystal apples as ple. The Constitution does not demand a much for the careful deliberations of the gifts for a retiring congressman and his staff. supermajority when dealing with tax issues. Constitution’s framers. They required a After losing this flight, the chairman of This legislation would serve only to help cer- supermajority only for the most momentous the black caucus, Kweisi Mfume, D–Md. tain, singled out groups, while other groups decisions—approving treaties, impeaching pledged that his caucus will raise private would be subject to the tax burdens that could money to continue its work. That’s the idea. Presidents, and expelling Members of Con- be randomly set by this House. gress. Republicans think they got it wrong. Mr. LEWIS of Georgia. Mr. Speaker, We can already vote ``no'' on tax increases They would add their own policy preference for purposes of debate only, I yield 30 with a simple majority vote. Why should we to that select list. seconds to the gentleman from Vir- If they succeed, the tactic will probably be implement a restriction which the Constitution used again. Republicans could force a 3/5s ginia [Mr. MORAN]. does not require, and, at the same time, stran- vote to cut defense spending. If Democrats Mr. MORAN. Mr. Speaker, our fore- gle this institution so that its Members cannot regain control, they could require a 3/5s vote fathers had such a deep respect for properly serve the interests of the people who to cut poverty programs. So much for major- major rule that they determined that elected them? ity rule. So much for simple fairness. majority rule was insufficient to send A simple majority will get you what you The Republican’s boldness has a darker our troops to war. They knew how dif- want. I will vote ``no'' on this item. side—their recklessness. With this proposal, ficult it would be to resist politically Mr. FOX. Mr. Speaker, I yield the they defy the intent of the framers of the popular pressures, but they were insist- Constitution and upset a carefully-balanced balance of our time to the gentleman system that has worked well for two cen- ent that there not be minority rule de- from Texas [Mr. BARTON] for our final turies. termining those issues that took the speech. Mr. Speaker, the article in its en- most political courage. (Mr. BARTON of Texas asked and tirety is as follows: Mr. Speaker, this pressure does not was given permission to revise and ex- belong among these internal rules RUNNING ROUGHSHOD OVER THE CONSTITUTION tend his remarks and to include extra- changes. It is constitutionally illegal, neous material.) Not content with his party’s 15-vote major- ity in the House of Representatives, Newt and it is fiscally irresponsible, and, if Mr. BARTON of Texas. Mr. Speaker, Gingrich wants to improve his odds by we are ever going to address a $4 tril- this country was founded on the prin- changing the rules of the game. lion debt, we have to make it within ciple of no taxation without represen- The Speaker-to-be intends to offer a bill the reach of this body and the Amer- tation. Today many Americans believe that would require a three-fifths majority in ican people to do so. that principle has been violated and the House to approve any bill increasing Mr. LEWIS of Georgia. Mr. Speaker, that their elected Representatives in taxes. for purposes of debate only, I yield 30 Washington have taxed them so that So much for the careful deliberations of seconds to the gentlewoman from they can spend money on the special the Constitution’s framers. They required a supermajority only for the most momentous Texas [Ms. JACKSON-LEE]. big-spending interests in Washington, decisions—approving treaties, impeaching (Ms. JACKSON-LEE asked and was DC. To correct this sad situation the presidents, and expelling members of Con- given permission to revise and extend new Republican majority has now in- gress, for example, Mr. Gingrich apparently her remarks.) troduced section 106 of the rule change January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 71 package. Section 106 would require a would have saved $666 billion in new 1980—Delaware requires 3/5 vote for tax in- three-fifths vote to increase income taxes. creases. taxes. It also contains an absolute pro- I submit for the RECORD the charts 1992—Okahoma requires 3/4 vote or major- hibition against retroactive tax in- and data to support this conclusion, ity of voters to increase state revenue. and I ask for a yes vote. Let us start 1992—Arizona requires 2/3 vote to increase creases. state revenues. The opponents of this provision have listening as much to the taxpayers of WHY TAX-LIMITATION AND A SUPER- MAJOR- been whining and wailing all evening America as we do to the special inter- ITY FOR TAX INCREASES? about the constitutionality of this pro- ests of America and pass this amend- Taxes are already too high, slowing eco- vision. The constitutional argument ment. nomic growth and robbing taxpayers. Spend- simply will not stand. In 1971, Mr. HISTORY OF TAX INCREASES—MAJOR TAX ing is also too high. Every federal program Speaker, in the Supreme Court case of INCREASES SINCE 1960 has waste and overspending. Since 1981: Making it politically difficult to raise Gordon versus Lance the Supreme taxes will deny free-spending legislators the Court blessed the constitutionality of 1 Bill passed with 60 percent supermajority in each House. 4 Bills passed without 60 per- ‘‘easy’’ approach to balancing budgets—rais- supermajority restraints on the tax cent supermajority in each House. ing taxes. and spending propensities of govern- Those 4 bills added $666 billion in taxes. The three-fifths supermajority require- ment. I might also point out that nu- Tax Rate Extension Act of 1960—No. ment will force Congress to look hard at merous States have a supermajority re- House 223–174, No, (56%). spending and will force tax-raisers to find 261 quirement for tax increases in their Senate 61–32, Yes, (66%). Members willing to raise taxes rather than State constitutions, including the Tax Rate Extension Act of 1961—Yes. cut spending. State of Arkansas, the home State of House 295–88, Yes, (77%). The SPEAKER pro tempore (Mr. Senate voice. KOLBE). All time for debate on section our President, which requires a three- House Voice. fourths vote. I might also point out 106 has expired. Tax Rate Extension Act of 1962—Yes. The question is on section 106 of the that we plan, on January 19, to intro- House Voice. duce a constitutional balanced-budget Senate voice. resolution. amendment that contains a 60 percent Tax Rate Extension Act of 1963—Yes. The question was taken; and the supermajority to increase taxes. House 283–91, Yes, (76%). Speaker pro tempore announced that The real question that we should be Senate voice. the ayes appeared to have it. asking this evening is whether Excise Tax Rate Extension Act of 1964— Mr. FOX. Mr. Speaker, on that I de- Yes. supermajority votes to raise income mand the yeas and nays. House voice. The yeas and nays were ordered. taxes really work. To answer that Senate voice. question let us look to the States that Interest Equalization Tax Act of 1964—Yes. The vote was taken by electronic de- require supermajorities for such tax in- House 238–142, Yes, (63%). vice, and there were—yeas 279, nays creases. An analysis of State spending Senate 45–28, No, (62%). 152, not voting 3, as follows: Interest Equalization Tax Extension Act of between 1980 and 1987 shows that in [Roll No 11] States with supermajority require- 1965—Yes. House 274–97, Yes, (74%). YEAS—279 ments for tax increases their tax bur- Senate voice. den has gone down an average of 2 per- Tax Adjustment Act of 1966—Yes. Allard Cox Green Andrews Cramer Greenwood cent while States that do not have a House 288–102, Yes, (74%). Archer Crane Gunderson supermajority tax rate requirement, Senate 72–5, Yes, (94%). Armey Crapo Gutknecht their tax burden has gone up an aver- Interest Equalization Tax Extension Act of Bachus Cremeans Hall (TX) age of 2 percent. That is a difference of 1967—Yes. Baker (CA) Cubin Hancock Baker (LA) Cunningham Hansen 4 percent. When we look at State House 224–83, Yes, (73%). Senate voice. Baldacci Danner Harman spending, in States with the Revenue and Expenditure Control Act of Ballenger Davis Hastert supermajority requirement State 1968—Yes. Barcia de la Garza Hastings (WA) Barr DeLay Hayes spending has gone up 2 percent, but in House 268–150, Yes, (64%). Barrett (NE) Deutsch Hayworth States that do not have the Senate 64–16, Yes, (80%). Bartlett Diaz-Balart Hefley supermajority requirement for income Crude Oil Windfall Profits Tax Act of Barton Dickey Hefner increases, their spending has increased 1980—Yes. Bass Dooley Heineman House 302–107, Yes, (74%). Bereuter Doolittle Herger 8.5 percent, or a net difference of 61⁄2 Senate 66–31, Yes, (68%). Bevill Dornan Hilleary percent. I say to my colleagues, ‘‘If you Tax Equity and Fiscal Responsibility Act Bilbray Doyle Hobson take these differentials and apply them Bilirakis Dreier Hoekstra of 1982—No: $214 billion. Bishop Duncan Hoke to the current Federal budget, you House 226–207, No, (52%). Bliley Dunn Holden would see that, if we had a Senate 52–47, No, (52%). Blute Edwards Horn supermajority requirement for an in- Omnibus Budget Reconciliation Act of Boehlert Ehlers Hostettler come tax increase in effect today, our 1987—No: $40 billion. Boehner Ehrlich Houghton Bonilla Emerson Hunter income taxes would be approximately House 237–181, No, (57%). Senate 61–28, Yes, (62%). Bono English Hutchinson $56 billion less, and our Federal spend- Omnibus Budget Reconciliation Act of Brewster Ensign Hyde ing would be approximately $105 billion Browder Everett Inglis 1989—Yes: $25 billion. Brown (OH) Ewing Istook less.’’ House 272–128, Yes, (68%). Brownback Fawell Johnson (CT) Put simply, supermajority require- Senate 87–7, Yes, (93%). Bryant (TN) Fields (TX) Johnson (SD) ments for income tax increases do Omnibus Budget Reconciliation Act of Bunn Flanagan Johnson, Sam work. 1990—No: $137 billion. Bunning Foley Jones Burr Forbes Kasich I have also asked my staff to go back House 228–200, No, (53%). Senate 54–45, No, (55%). Burton Ford Kelly and look at the major votes we have Omnibus Budget Reconciliation Act of Buyer Fowler Kim had in the last three decades on tax in- Callahan Fox King 1993—No: $275 billion. Calvert Franks (CT) Kingston creases in the House of Representa- House 218–216, No, (50.2%). Camp Franks (NJ) Klug tives. There were 16 such votes. Seven Senate 51–49, No, (51%). Canady Frelinghuysen Knollenberg of those were passed with a THE MOMENTUM FOR SUPERMAJORITY Castle Frisa Kolbe supermajority, seven were passed with REQUIREMENTS FOR TAX INCREASES Chabot Funderburk LaHood Chambliss Gallegly Lambert-Lincoln less than a supermajority, and two 9 states require supermajority votes for Chapman Ganske Largent were passed by voice vote. Interest- tax increases (Arizona, Arkansas, California, Chenoweth Gekas Latham ingly enough, since the advent of C– Delaware, Florida, Louisiana, Mississippi, Christensen Geren LaTourette Oklahoma, South Dakota). Chrysler Gilchrest Laughlin SPAN television coverage in the early Clinger Gillmor Lazio 1980’s, only one tax increase has passed 1971—Florida requires 3/5 vote to changes in corporate income tax. Coble Gilman Leach Coburn Goodlatte Lewis (CA) by more than the 60 percent 1978—California requires 2/3 vote for tax in- supermajority. Amazingly, if we had Collins (GA) Goodling Lewis (KY) creases. Combest Gordon Lightfoot had a three-fifths vote requirement for 1978—South Dakota 2/3 vote for increasing Condit Goss Linder a tax increase in effect in the 1980’s, we tax rate or base. Cooley Graham Lipinski H 72 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Livingston Pombo Smith (WA) So Section 106 of the resolution was ture absolutely essential to restoring LoBiondo Pomeroy Solomon Longley Porter Souder agreed to. public trust in an institution that has Lucas Portman Spence The result of the vote was announced come under I think consistent unfair Manzullo Pryce Stearns as above recorded. criticism over a long period of time. Martini Quillen Stockman A motion to reconsider was laid on Mascara Quinn Stump I am particularly concerned, though, McCollum Radanovich Talent the table. that as we manage these audits, and I McCrery Ramstad Tanner The SPEAKER pro tempore (Mr. might say that the language in the McDade Regula Tate GUNDERSON). Section 107 of the resolu- document we are dealing with tonight McHugh Richardson Tauzin tion is now debatable for 20 minutes. McInnis Riggs Taylor (MS) is rather imprecise, we have to ask our- McIntosh Roberts Taylor (NC) The gentleman from Kansas [Mr. selves the question about how we will McKeon Roemer Tejeda BROWNBACK] will be recognized for 10 function in this new Republican major- Metcalf Rogers Thomas minutes, and the gentleman from Cali- Meyers Rohrabacher Thornberry ity. fornia [Mr. FAZIO] will be recognized Mica Ros-Lehtinen Tiahrt For a number of years, Republicans Miller (FL) Rose Torkildsen for 10 minutes. Minge Roth Traficant The Chair recognizes the gentleman have been adamant about bringing Molinari Roukema Upton from Kansas [Mr. BROWNBACK]. about bipartisanship in the manner in Montgomery Royce Vucanovich which we run this institution. The Moorhead Salmon Waldholtz (Mr. BROWNBACK asked and was Morella Sanford Walker given permission to revise and extend rules package Republicans offered in Myers Saxton Walsh his remarks.) the last Congress called for a non- Myrick Scarborough Wamp partisan administration committee, Nethercutt Schaefer Ward Mr. BROWNBACK. Mr. Speaker, I Neumann Schiff Weldon (FL) yield myself such time as I may equally numbered with Members of Ney Seastrand Weldon (PA) consume. both parties, quite apart from what- Norwood Sensenbrenner Weller ever party was in the majority here. Nussle Shadegg White Mr. Speaker, as a new Member, I am Ortiz Shaw Whitfield amazed that the House of Representa- They even asked for that complete bi- Oxley Shays Wicker tives has been taking money from the partisanship with equal representation Packard Shuster Wilson taxpayers to run Congress without on the Legislative Branch Subcommit- Pallone Sisisky Wolf Parker Skeen Wyden keeping track of where that money tee of the Committee on Appropria- Pastor Skelton Young (AK) goes. A comprehensive audit of this in- tions. Paxon Smith (MI) Young (FL) stitution is long overdue. Peterson (MN) Smith (NJ) Zeliff We asked to have in place manage- Petri Smith (TX) Zimmer The days of treating the American ment of the House that was totally taxpayer’s money with an arrogant dis- NAYS—152 nonpartisan. Whether it was the Post regard for accountability must end Office, whether it was the Director of Abercrombie Gutierrez Obey now. Congress must understand that Ackerman Hall (OH) Olver Non-Legislative Services, the entire Baesler Hamilton Orton the money spent here is not ours—it is thrust in a bipartisan sense was to Barrett (WI) Hastings (FL) Owens the peoples money—and they are enti- bring about a change in the way we had Becerra Hilliard Payne (NJ) tled to know where every penny goes. functioned here, and Democrats and Beilenson Hinchey Payne (VA) Throughout my campaign, people Bentsen Hoyer Pelosi Republicans I think in mutual pride told me they are fed up with scandals Berman Jackson-Lee Peterson (FL) and satisfaction found a way to move Bonior Jacobs Pickett in Congress—the House bank scandal— Borski Jefferson Poshard the House Post Office scandal—the in that direction. Boucher Johnson, E. B. Rahall House restaurant. But what we have encountered re- Brown (CA) Johnston Rangel cently is a complete rejection of every- Brown (FL) Kanjorski Reed This reform, Mr. Speaker, instructs Bryant (TX) Kaptur Reynolds the House inspector general to use thing Republicans fought for to bring Cardin Kennedy (MA) Rivers independent auditing firms to conduct about change in the way this institu- Clay Kennedy (RI) Roybal-Allard tion functioned, and, that is, to select Clayton Kennelly Rush a full scale audit of all the House’s Clement Kildee Sabo functions. This reform will restore individuals based on their partisan Clyburn Kleczka Sanders openness and accountability to the way background to manage the institution Coleman Klink Sawyer only at the whim, the beck and call of Collins (IL) LaFalce Schroeder Congress does business. We must elimi- Collins (MI) Lantos Schumer nate any ‘‘waste, fraud, and abuse’’ one individual who has been elected Conyers Levin Scott from this body as is called for in the Speaker. Costello Lewis (GA) Serrano contract with America. My belief is when Republicans asked Coyne Lofgren Skaggs Deal Lowey Slaughter We want this audit to be as expansive that we have a two-thirds vote of the DeFazio Luther Spratt as possible—to account for every House to select a financial officer of DeLauro Maloney Stark asset—every dollar spent by this insti- this institution, they were going on Dellums Manton Stenholm Dicks Markey Stokes tution. record for something that had legs, Dingell Martinez Studds My new colleagues and I were sent to that would last through the years, that Dixon Matsui Stupak Congress to reform the way the Federal was a position that they took firmly Doggett McCarthy Thompson Government works. But to do this, we Durbin McDermott Thornton and hoped to have govern the institu- Engel McHale Thurman must first clean up the Congress. tion when and if they at some point in Eshoo McKinney Torres Mr. Speaker, this is an opportunity the future took control. I am dis- Evans McNulty Torricelli to help restore America’s faith and Farr Meehan Towns appointed to say the least that we Fattah Meek Tucker trust in Congress. I urge my colleagues focus now on audits and not on the Fazio Menendez Velazquez to join me in supporting this act of management of how those audits would Fields (LA) Mfume Vento genuine congressional reform. Filner Miller (CA) Visclosky be functioning, exactly who would Flake Mineta Volkmer b 2210 manage them, and whether or not they Foglietta Mink Waters would truly be done in the bipartisan Frank (MA) Moakley Watt (NC) Mr. Speaker, I reserve the balance of Frost Mollohan Waxman my time. spirit which was the hallmark of the Furse Moran Williams Mr. FAZIO of California. Mr. Speak- Republican arguments in recent years Gejdenson Murtha Wise on occasions such as this when they Gephardt Nadler Woolsey er, I yield myself such time as I may Gibbons Neal Wynn consume. brought their rules package to the Gonzalez Oberstar Mr. FAZIO. Mr. Speaker, I rise in floor. NOT VOTING—2 support of this proposal, and I do so not Mr. Speaker, I am not opposed to au- Bateman Yates because I feel there will be any great dits. What I am opposed to is partisan revelations that might satisfy those management of an institution that had b 2204 who would like to find problems here in come a long way into a different era, Mr. PASTOR changed his vote from the institution, but I think audits have one that was to be bipartisan in every ‘‘nay’’ to ‘‘yea.’’ been, should be, and will be in the fu- sense. I regret that reversion. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 73 Mr. Speaker, I reserve the balance of you have recommended to bipartisan leader- December 31, 1994. It would also include a de- my time. ship, in fact expediting the overall review of termination as to whether the internal con- Mr. BROWNBACK. Mr. Speaker, I House operations which you have already trol structure provides reasonable assurance yield 1 minute to the gentleman from presented. of achieving generally accepted control ob- Research has already been performed re- jectives and all applicable laws and regula- California [Mr. THOMAS]. garding the steps necessary to let a contract tions have been complied with fully. The fi- (Mr. THOMAS asked and was given for these audits, and a preliminary review of nancial statements would be prepared in ac- permission to revise and extend his re- the entities which we envision will be in- cordance with the American Institute of Cer- marks.) volved. The first task is an audit plan for tified Public Accountant’s ‘‘Generally Ac- Mr. THOMAS. Mr. Speaker, the gen- House entities, shortly followed, based on cepted Accounting Principles’’ and audited tleman from California deserves an an- agreement with the Senate, by audit plans in accordance with the General Accounting swer and he will get one. for joint Senate-House entities. We would be Office’s ‘‘Government Auditing Standards.’’ Under H. Res. 429 which was sup- glad to provide you with the background in- Furthermore, this effort would be in compli- ported bipartisanly, we created the formation we have collected; however, we ance with the applicable provisions of the offer this only as a suggestion to help speed Chief Financial Officers Act (P.L. 101–576), Oversight Subcommittee. We also cre- the process. No such comprehensive review ated an Inspector General. The very Government Performance and Results Act of House operations has been undertaken be- (P.L. 103–62) and Government Management first time the Oversight Subcommittee fore, and we recognize that the challenges in- Reform Act (P.L. 103–356). The OIG would re- had to support the new chief executive herent in completing such a review now are view all work performed by the independent officer, the Director of Non-Legislative enormous. accounting firm(s) to ensure the complete- and Financial Services, the Democrats We have confidence in your professional ness and quality of that work. refused. There was a 2–2 tie. It did not ability to carry out this task, and hope that With respect to operational areas, I have work. The Inspector General needed as- your office is willing to accept this respon- identified two primary areas needing re- sibility. Please contact Stacy Carlson, at the view—financial and HIS operations. The fi- sistance. The Democrats would not Committee on House Oversight (Committee provide him with any. The Democrats nancial operations include audits in the OIG on House Administration), if you need addi- audit plan designed to evaluate economy, ef- only allowed 3 total employees to the tional information. We look forward to your Inspector General. We are now honor- ficiency and effectiveness of program oper- response to this request. ations. These audits would address areas be- ing the Inspector General’s request of Sincerely, yond pure funds accountability, in an effort 18 employees to carry out the audits. JIM NUSSLE. to identify ways to eliminate waste, ineffi- BILL THOMAS. In a letter dated December 21, 1994, ciencies, fraud, abuse and mismanagement, the Office of Inspector General in re- and highlight areas for contracting out, OFFICE OF INSPECTOR GENERAL, sponding to a letter about going for- privatizing, streamlining, downsizing and U.S. HOUSE OF REPRESENTATIVES, elimination. Additional details concerning ward with these audits said this: Washington, DC, December 21, 1994. the financial operations audit plan are in- ‘‘Therefore, the Office of Inspector Hon. BILL THOMAS, cluded in Enclosure 1. The audit of HIS oper- General is very willing to accept this House of Representatives, ations would include reviews of the general responsibility (i.e. the audits) and will Washington, DC. controls (including management, data center perform the associated tasks in a to- DEAR CONGRESSMAN THOMAS: Thank you for your letter of December 12, 1994, cosigned operations and data center protection) and tally professional and nonpartisan system development, acquisition and modi- manner.’’ by Congressman Jim Nussle, requesting the Office of Inspector General (OIG) to assume fication controls (including user satisfac- What we are asking for, and getting, tion, system development life cycle and is professional management of the responsibility for managing the comprehen- sive audits of the Congress as discussed in project documentation), and confidentiality, House. What the American people are your letter. As suggested in the letter, Bob integrity and availability testing. The audit getting is transparency of that man- Frey, Deputy Inspector General, and I met program for performing this audit is in- agement. The old system would not with Stacy Carlson on December 16, 1994, to cluded as Enclosure 2. open up. The new system will. further discuss these audits. As a result, I As indicated in your letter, audit coverage Mr. Speaker, I include for the have a good idea as to what needs to be done of joint Senate-House entities will need to be identified at a later date. Once agreement is RECORD the following letters: to successfully accomplish these audits. reached with the Senate, I will develop a de- CONGRESS OF THE UNITED STATES, Therefore, the OIG is very willing to accept tailed proposal concerning audit coverage for HOUSE OF REPRESENTATIVES, this responsibility, and will perform the as- these entities and submit my audit proposal Washington, DC, December 12, 1994. sociated tasks in a totally professional and to you for your review. MR. JOHN LAINHART, nonpartisan manner. I will be contacting the Office of the Gen- INSPECTOR GENERAL, As indicated in your letter, these audits House of Representatives, can best be performed by contracting with eral Counsel later today to request a legal H2–485, an independent accounting firm or firms for opinion on the most expeditious method to Washington, DC. a series of audits that will result in a final contract for the independent accounting DEAR MR. LAINHART: Republicans have consolidated report of the financial and oper- firm(s), while assuring competitive bidding called for the selection of a major, independ- ational status of the Congress. In order to es- to the maximum extent practical. Once I get ent accounting firm to perform comprehen- tablish accountability at the beginning of this legal opinion, I will make a rec- sive audits of the Congress. We believe that the 104th Congress, and make recommenda- ommendation to you as to the best method such audits are need both to ensure full ac- tions for control and operational improve- for proceeding. In addition, as soon as I can countability to the U.S. taxpayer and to pro- ments for building a more efficient, cost-ef- estimate the contract costs, I will apprise vide the factual information necessary to fective administrative structure, I propose you of the funding requirements so that build an efficient, cost-effective administra- that the consolidated report address issues reprogramming can be expeditiously accom- tive structure. as of December 31, 1994. This audit effort plished. We envision a series of audits, to begin as would, as you indicated, complement the With respect to the issue of additional soon as possible, that will result in a final, OIG audit plan and greatly expedite the ini- staffing, I have included an organization consolidated picture of the financial and tial review of House operations, in a signifi- chart (Enclosure 3) which depicts our current operational status of the Congress. We are cant number of areas. Continuing OIG audit staffing (both Subcommittee on Administra- contacting you at this time to request that effort would, of course, still be required in tive Oversight, Committee on House Admin- your office assume this responsibility. The other areas beyond the scope of these audits istration approved permanent OIG staff and audits, and the process under which they are and in additional areas as the incoming General Accounting Office detailees), and conducted, must be free from interference House Officers make changes in their oper- proposed additional staffing needed to make and partisan influence. The office of the In- ations. the OIG fully functional, considering the ad- spector General was created in 1992 for the To establish accountability at the begin- ditional audit requirements to be assumed specific purpose of nonpartisan review and ning of the 104th Congress, the independent by the OIG in the 104th Congress. The total evaluation of House operations, and is the accounting firm(s) would be responsible for additional funding required for Fiscal Year logical office to carry out this charge. preparing audited financial statements re- 1995 is $494,000, consisting of $372,000 in per- By copy of this letter to Richard Gephardt, flecting the: (i) overall financial position, (ii) sonnel costs, and $122,000 in equipment, soft- we are asking for his full cooperation in as- results of operations, (iii) cash flows or ware, supplies and other similar costs. The sisting you in this task, which we expect will changes in financial position, and (iv) rec- justification for the additional staffing is include the need for additional staffing for onciliations to budget reports for all House also included as Enclosure 4. Since personnel your office and funding for the audit con- activities. This effort would include audits of hiring can take a considerable amount of tract. It is our intention that the com- House Information Systems (HIS) financial time and additional staff members are criti- prehensive audits conducted under this proc- activities, and all revolving funds, contin- cally needed to accomplish the tasks dis- ess will complement the audit plan which gent funds, commercial functions, etc., as of cussed above, I would hope that this issue H 74 CONGRESSIONAL RECORD — HOUSE January 4, 1995 can be addressed at the earliest pos- a House service, led to several criminal This is not the nonpartisan profes- sible time so that the appropriate staff- convictions. sional individual we are looking for. ing authorization and reprogramming b 2220 Mr. BROWNBACK. I would point out, can be expedited. Mr. Speaker, a bipartisan group ap- An identical letter has been sent to Con- My colleagues, we introduced a bill pointed the current Inspector General. gressman Nussle. If you should need addi- one year later in October 1992, House Mr. Speaker, I yield 1 minute to the tional information or want to discuss this Resolution 595, to require an independ- gentleman from California [Mr. DOO- matter further, please do not hesitate to call ent House audit. Today’s House action me on x61250. LITTLE]. is the culmination of that effort. (Mr. DOOLITTLE asked and was Sincerely, Results of these audits, which will be JOHN W. LAINHART IV, given permission to revise and extend performed by the Inspector General in Inspector General. his remarks.) consultation with the GAO and a major Mr. FAZIO of California. Mr. Speak- Mr. DOOLITTLE. Mr. Speaker, this independent accounting firm will be er, I yield 1 minute to the gentlewoman made public, and therefore the people comprehensive audit of House financial from Florida [Mrs. THURMAN]. will have more information than ever records and administrative operations Mrs. THURMAN. Mr. Speaker, I rise before regarding House operations past will prevent in the future the kinds of in support of this important change in and present, and that will go a long problems we have seen with the House House rules. Like many of my Demo- way toward restoring the integrity and restaurant, the House Post Office and cratic colleagues, I favor many of the credibility of this proud institution. the House bank and will identify reforms being instituted today. I urge approval of the rule. Let the whether and to what extent other As a freshman member in 1992, I was sunshine in and open the books of the House units have been in compliance honored to chair a task force on people’s House to scrutiny by the peo- with law and House rules and have op- changes in House rules. One of my top ple. erated effectively and efficiently. It priorities was to see that this institu- Mr. FAZIO of California. Mr. Speak- will provide necessary information to tion was held more accountable to the er, I yield 2 minutes to the gentleman the public to determine the manner in American people. I believe that the from Virginia [Mr. MORAN]. which taxpayer funds have been used proposed comprehensive audit of all Mr. MORAN. Mr. Speaker, I rise in and will ensure accountability in the our financial records and physical as- support of this proposal as well to con- administration of this House. sets is a big step in ensuring our ac- duct an audit of the financial and ad- countability to our constituents. This audit should examine, amongst ministrative operations of the House. This is an opportunity for improve- other things, monies in the contingent But it really does not go far enough. I ment—one every Member should wel- fund, monies expended by legislative suspect that the audit itself is likely to come who is actively seeking to use service organizations, House officers show that we have been conducting our taxpayer dollars more efficiently. accounts, committee accounts and the I know that a comprehensive audit, if business in a responsible, professional Architect of the Capitol. It should also properly executed, will be an important manner. One of the reasons that has look into allegations concerning ghost management tool here in this House. If been the case is that we have had pro- employees and official payrolls. This a truly independent firm performs the fessional, nonpartisan, individuals con- audit will set an important precedent audit, then we can take advantage of ducting these affairs, and we reached for openness and accountability and is new technologies and management that agreement in a nonpartisan way, a much desired reform. practices and identify the areas where as Members will recall. Mr. FAZIO of California. Mr. Speak- we must improve our efficiency, ac- But, we have two problems with this. er, I yield 2 minutes and 30 seconds to countability, and effectiveness. I am going to vote for it, as is the gen- the gentleman from Maryland [Mr. However, I have specific concerns tleman from California [Mr. FAZIO] and HOYER]. that are not addressed and that is that probably the other speakers, but the Mr. HOYER. Mr. Speaker, I thank the Speaker and the House Oversight two deficiencies are one because it is a the gentleman from California for Committee must carefully monitor the closed rule and we cannot insist that yielding me this time. money appropriated to the Inspector we continue to conduct the administra- Mr. Speaker, I rise in strong support tive and financial nonlegislative oper- General to conduct the audit and of H.R. 1. But again, I must reiterate ations of this House in a nonpartisan promptly implement the recommended my disappointment about the proce- professional manner which we could if changes so we can get the most for the dure we are using today. I am deeply we had an open rule, and secondly, the taxpayers’ money and provide the best disappointed that this bill is coming person who has been put in this posi- services for our constituencies. before the House under a closed rule. tion is not nonpartisan. Mr. BROWNBACK. Mr. Speaker, I Not very long ago, the new chairman of yield 11⁄2 minutes to the gentleman I will not repeat the arguments for why there ought to be an open rule be- the Rules Committee, my friend from from California [Mr. RIGGS]. New York said that when he admon- Mr. RIGGS. Mr. Speaker, I thank the cause my good friend, the gentleman ished members about the use of closed gentleman for yielding me the time. from New York [Mr. SOLOMON], knows rules, that our Republican friends were Mr. Speaker, Section 107 of the House them by heart. He is certainly the ‘‘not simply engaging is some proce- rules package directs the House Inspec- most persuasive, articulate proponent tor General to conduct a comprehen- of an open rule. But I guess where you dural or partisan tantrum. We are in- sive House audit. This will be both a fi- sit is where you stand now. stead’’ he said, ‘‘trying to warn against nancial and performance audit of all We are faced with a closed rule where what we perceive as the deliberate de- House services and operations. we cannot improve this amendment. I cline of democracy in this House.’’ Mr. Speaker, 39 months ago in Octo- do think we ought to raise that issue, (April, 2, 1993). It is somewhat shock- ber 1991, I stood on this very spot and though, because I am sure other Mem- ing, after all the speeches, that on the called for full disclosure of Members bers of the House have read the articles first day of the new Republican run with House bank overdrafts. A key to about the individual that has been ap- House we are proceeding under a closed restoring the credibility of Congress, I pointed to this position as I have. It rule. said then, was to hold ourselves ac- raises very serious concern. I do not However, it is important today that countable. And I and 6 of my col- know Mr. Faulkner. I do know he was we are moving forward on a bill, that leagues, the so-called Gang of 7, head of the Young Republicans, that he has been blocked for too long. The pressed for an open House. Our calls for has been investigated and interviewed House passed this bill, essentially, candor were met with intransigence, on any number of partisan political is- twice in the last Congress only to see but the outrage of the American people sues. At one point he was asked by in- our efforts thwarted by Republican led was overwhelming. We did learn the de- vestigators about leaking documents efforts in the Senate. The Democratic tails of the House bank overdrafts, and to the Reagan campaign and he said, and the Republican Members of the let me stress to my colleagues who are yes, we have been obtaining leaked ma- House want this bill and want it to listening now that that one specific terial from whistle blowers and passing move forward. On this point, there is limited GAO audit of a House function, them on. great bipartisan agreement. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 75

We have gone a long way toward California, FRANK RIGGS, back here Mr. BROWNBACK. Mr. Speaker, I making sure that the Congress lives after a 2-year absence because it was 4 yield 1 minute to the gentleman from under the same laws as any other years ago that FRANK and I and five Ohio [Mr. BOEHNER]. American. Most pieces of legislation other freshmen blew the whistle on the Mr. BOEHNER. Mr. Speaker, my col- we have passed apply to Congress. The House bank and then 3 years ago we leagues, on October 1, 1991, I stood here Americans With Disabilities Act which blew the whistle on the House post of- on this House floor and I said, ‘‘What I proudly cosponsored specifically ap- fice. The interesting thing, Mr. Speak- are we trying to hide from the Amer- plies to Congress as did the Civil er, is that after 4 years and 3 years re- ican people? What do we have to fear?’’ Rights Act, the Minimum Wage Act, spectively we still have not seen a Today we have a historic opportunity the Fair Labor Standards Act and the number of internal documents from ei- to vote to open up the books of the Family and Medical Leave Act. The ther of those investigations, taxpayer U.S. Congress in a very open and com- House has also had in place, since 1988, funded investigations of taxpayer oper- plete way. We know that sunshine is prohibitions against employment dis- ations. the best disinfectant, and never in the crimination. My colleague, the gentleman from history of this Congress have we ever H.R. 1 will ensure that all Members Maryland [Mr. HOYER], says this is all had an open and complete audit of the of the Congress—not just House Mem- behind us, but the honest answer is we books of this Congress for the Amer- bers—live under all of the laws we pass do not know if it is behind us because ican people to view. and do so permanently, not just as an for decades these books simply have internal House rule but as an ironclad not been audited, nor have we had the And echoing the comments of my col- law. access to those very documents. leagues who were involved with me, my I cannot tell you how many times I Former Congressman Dan Rosten- six other colleagues, I fully encourage have had businessmen and women com- kowski, now facing charges connected the Inspector General to not only do plain that Congress passes laws and to the stationery store, has an intrigu- the fiscal 1995 audit, but I would en- then simply exempts itself. They are ing defense. He says he was not the courage the Inspector General to look frustrated. They want us to share the only Congressman who misused the back, to look back several years at same challenges they have when they stationery store and bought chairs and some areas of the Congress that have try to start a business, or try to create champagne buckets and other things, been called into question, LSO’s the new jobs for their community. They all with public money and all personal House restaurant system, the Speak- need and deserve to know that we live gifts. And you know his defense team er’s contingent fund, the disposal of of- up to the same standards that we ex- might be right because we do not fice equipment that has raised every- pect from them, and afford our employ- know, but after this audit is done, we one’s eyebrows, but we never have seen ees the same protections that any will know, and when we know, you will the details. other American worker deserves. know too. I am pleased tonight to be here to Most of my constituents did not b 2230 support this very important part of our know that the Congressional Account- House rules. ability Act passed the House last year Mr. BROWNBACK. I yield 1 minute Mr. BROWNBACK. Mr. Speaker, I by a vote of 427 to 4. They did not know to the gentleman from North Carolina yield 45 seconds to the gentleman from [Mr. TAYLOR]. because the Senate failed to act to Michigan [Mr. CAMP]. make it law. In early September, I (Mr. TAYLOR of North Carolina (Mr. CAMP asked and was given per- asked and was given permission to re- wrote to urge the Senate committee on mission to revise and extend his re- vise and extend his remarks.) Government affairs to have the Senate marks.) Mr. TAYLOR of North Carolina. Mr. act promptly. I told them that the Con- Mr. CAMP. Mr. Speaker, I applaud gress could never engender trust Speaker, I am pleased to be here today—a new day in Congress—where the efforts offered today and believe among the American people until the this audit will go a long way to cut Congress lives by the same rules as the Members will finally open the doors of the House to greater public input and waste and save taxpayer money, rest of the Nation. When the Senate did streamline the process. But let us go a not act, we made congressional ac- disclosure. step further. Let us require the audit countability part of the House rules. The idea of the House audit was a to include unused office allowance But the American people deserve brainchild of the Gang of Seven. I am funds. something more than an internal delighted to join my fellow gang mem- I am concerned. We still do not know House rule—they deserve an ironclad bers here today and am pleased that law passed by and applying to both the leadership included our idea in the what exactly happens to that money. Houses of Congress. rules package. Many of us agree funds left over from I want to go home and tell those con- I am not even sure why we are debat- our office budgets should not be repro- stituents that we have answered their ing this issue. If a company the size of grammed, but instead returned to the plea. I want to tell them that we meet the House of Representatives did not Federal Treasury for deficit reduction. the same requirements that they do— report the activities of its officers and Let us use this opportunity to find the that we follow the same laws they fol- directors to its shareholders, it would means to that end. low from OSHA to fair labor standards. not survive—disclosure is a key compo- This audit will ensure that House op- I want to tell them that our employees nent to gaining the public trust essen- erations are efficient and effective, and have the same protections theirs do, tial for survival in a market economy. this investigation will ensure this from anti-age discrimination to family It is ridiculous not to support this audit is complete. and medical leave. Perhaps the shared proposal. The American people are the Mr. BROWNBACK. Mr. Speaker, I experience will help us write better, shareholders of our American Govern- yield such time as he may consume to more careful laws. Just as importantly, ment and deserve to know the activi- the gentleman from New Hampshire this is about common sense, trust and ties of their Representatives. [Mr. ZELIFF]. accountability. That is why we are all Members of the House have been em- (Mr. ZELIFF asked and was given here, late into the evening, finishing barrassed and distracted by scandals in permission to revise and extend his re- the work which began in the last Con- its bank, post office, and other depart- marks.) gress. I hope all my colleagues will join ments. An independent inspector gen- Mr. ZELIFF. Mr. Speaker, I rise in me in moving forward on H.R. 1. eral would conduct audits to expose support of this legislation. Mr. BROWNBACK. Mr. Speaker, I fraud, waste, and abuse. Mr. Speaker, I rise in strong support of sec- yield 1 minute to the gentleman from I wholeheartedly support a com- tion 107 of this rules package authorizing a Wisconsin [Mr. KLUG]. prehensive House audit and urge my comprehensive House audit of House financial Mr. KLUG. Mr. Speaker, let me tell colleagues to do likewise. It is a pro- records, physical assets, and facilities. you how fascinating it is for me to see posal that will ensure that the House All the rules changes we are considering you in your role tonight, and also see of Representatives remains The Peo- todayÐcutting committees and committee my good friend, the gentleman from ple’s House. staff, ending baseline budgeting, making the H 76 CONGRESSIONAL RECORD — HOUSE January 4, 1995 laws of the land apply to CongressÐare criti- (Mr. EHLERS asked and was given Evans Klug Poshard Everett Knollenberg Pryce cal. We are reforming this institution and re- permission to revise and extend his re- Ewing Kolbe Quillen storing the faith of the American people. marks.) Farr LaFalce Quinn However, while these reforms may grab the Mr. EHLERS. Mr. Speaker, I rise to Fawell LaHood Radanovich headlines, I believe the section authorizing an make two points. Fazio Lambert-Lincoln Rahall Fields (LA) Lantos Ramstad audit of House functions is perhaps the most First of all, a good reason for doing Fields (TX) Largent Rangel important reform of all. For the first time the the audit is that we do not know what Filner Latham Reed American people will have the opportunity to we will find. When we did this in Michi- Flake LaTourette Regula gan 2 years ago after a large number of Flanagan Laughlin Reynolds see how their tax dollars are being used and Foglietta Lazio Richardson often wasted on Congress itself. years of Democratic rule, we discov- Foley Leach Riggs I am a small businessman who knows that ered a major scandal in the House fis- Forbes Levin Rivers cal agency. As a result of that discov- Ford Lewis (CA) Roberts keeping track of where the money goes is the Fowler Lewis (GA) Roemer only sound way to run a business. Slush ery, we currently have three former Fox Lewis (KY) Rogers funds, sloppy management, or outright fraud staff members serving prison time, four Frank (MA) Lightfoot Rohrabacher Ros-Lehtinen will land you either in bankruptcy or jail. more on probation, three still in the Franks (CT) Linder courts. That is an example of the type Franks (NJ) Lipinski Rose As the owner of a small business I must Frelinghuysen Livingston Roth make sure that my financial statements and of thing you may find, and it is not a Frisa LoBiondo Roukema Roybal-Allard inventory are accurate and up-to-date. A bank result of the Members’ misbehavior but Frost Lofgren of staff misbehavior. Funderburk Longley Royce considering issuing me a loanÐor potential in- Rush My second point, all of the discussion Furse Lowey vestorsÐwould accept nothing less than a Gallegly Lucas Sabo has been about fiscal aspects, but the Salmon close examination of my balance sheet before Ganske Luther operational aspects of the audit are Gejdenson Maloney Sanders making any decisions. equally, if not more, important, in par- Gekas Manton Sanford Why, then, the House of Representatives Gephardt Manzullo Sawyer ticular the computer activities which I has escaped a similar analysis for its inves- Geren Markey Saxton hope to audit. Gibbons Martinez Scarborough torsÐthe American taxpayersÐis beyond me. Just a few weeks ago a Member came Gilchrest Martini Schaefer Schiff It is time for a change. to me that spent $22,000 for a file server Gillmor Mascara We should pass this section authorizing an Gilman Matsui Schroeder last year. It is now useless. Gonzalez McCarthy Schumer audit of House activities, and then the entire I urge that we go ahead with both the Goodlatte McCollum Scott rules package, to let the sun shine in. fiscal and operational audit and do it Goodling McCrery Seastrand Gordon McDade Sensenbrenner Mr. FAZIO of California. Mr. Speak- well. er, I yield myself the balance of my Goss McDermott Serrano The SPEAKER pro tempore (Mr. Graham McHale Shadegg time. GUNDERSON). All time has expired. Green McHugh Shaw Shays Mr. Speaker, I think we all under- The question is on section 107 of the Greenwood McInnis stand this provision in the rule this Gunderson McIntosh Shuster resolution. Gutierrez McKeon Sisisky evening was an opportunity for people The question was taken; and the Gutknecht McKinney Skaggs to rehash the problems that beset this Speaker pro tempore announced that Hall (OH) McNulty Skeen institution in the past that we are, Hall (TX) Meehan Skelton the ayes appeared to have it. Hamilton Meek Slaughter thank God, well under way to resolv- Mr. BROWNBACK. Mr. Speaker, on Hancock Menendez Smith (MI) ing. that I demand the yeas and nays. Hansen Metcalf Smith (NJ) Smith (TX) But what I think is not something The yeas and nays were ordered. Harman Meyers that was intended to be brought up to- Hastert Mfume Smith (WA) The vote was taken by electronic de- Hastings (FL) Mica Solomon night—but which is central to the vice, and there were—yeas 430, nays 1, Hastings (WA) Miller (CA) Souder whole question of the audit, which will not voting 2, as follows: Hayes Miller (FL) Spence be broadly supported on a bipartisan Hayworth Mineta Spratt [Roll No. 12] Hefley Minge Stark basis—is who will do the audit, how Hefner Mink Stearns YEAS—430 will it be administered? Heineman Moakley Stenholm Now, the real issue here is who ap- Abercrombie Browder Cox Herger Molinari Stockman Ackerman Brown (CA) Coyne Hilleary Mollohan Stokes points the administrative authorities Allard Brown (OH) Cramer Hilliard Montgomery Studds in this institution. There has been a Andrews Brownback Crane Hinchey Moorhead Stump change. When Republicans were in the Archer Bryant (TN) Crapo Hobson Moran Stupak minority, they wanted bipartisanship. Armey Bryant (TX) Cremeans Hoekstra Morella Talent Bachus Bunn Cubin Hoke Murtha Tanner They wanted equal access. They want- Baesler Bunning Cunningham Holden Myers Tate ed professionalism. They wanted no Baker (CA) Burr Danner Horn Myrick Tauzin taint of partisan activity. Baker (LA) Burton Davis Hostettler Nadler Taylor (MS) Baldacci Buyer de la Garza Houghton Neal Taylor (NC) But now the worm has turned. Now Ballenger Callahan Deal Hoyer Nethercutt Tejeda the Republicans find themselves in the Barcia Calvert DeFazio Hunter Neumann Thomas majority. Barr Camp DeLauro Hutchinson Ney Thompson Barrett (NE) Canady DeLay Hyde Norwood Thornberry What they have done is they have re- Barrett (WI) Cardin Dellums Inglis Nussle Thornton versed the field. They have now called Bartlett Castle Deutsch Istook Oberstar Thurman for a different structure, one that Barton Chabot Diaz-Balart Jackson-Lee Obey Tiahrt places in the hands of an administrator Bass Chambliss Dickey Jacobs Olver Torkildsen Bateman Chapman Dicks Jefferson Ortiz Torres appointed by the Speaker the author- Becerra Chenoweth Dingell Johnson (CT) Orton Torricelli ity to manage this institution in a way Beilenson Christensen Dixon Johnson (SD) Owens Towns that could become as partisan as we Bentsen Chrysler Doggett Johnson, E. B. Oxley Traficant Bereuter Clay Dooley Johnson, Sam Packard Tucker can imagine. Berman Clayton Doolittle Johnston Pallone Upton I think that is tragic. I think that is Bevill Clement Dornan Jones Parker Velazquez wrong. And I support the audit, but I Bilbray Clinger Doyle Kanjorski Pastor Vento Bilirakis Clyburn Dreier Kaptur Paxon Visclosky am very concerned about the way it Bishop Coble Duncan Kasich Payne (NJ) Volkmer will be managed by a partisan leader. Bliley Coburn Dunn Kelly Payne (VA) Vucanovich Mr. BROWNBACK. Mr. Speaker, I Blute Coleman Durbin Kennedy (MA) Pelosi Waldholtz would remind the speaker from the Boehlert Collins (GA) Edwards Kennedy (RI) Peterson (FL) Walker Boehner Collins (IL) Ehlers Kennelly Peterson (MN) Walsh other side that he had 40 years to ask Bonilla Collins (MI) Ehrlich Kildee Petri Wamp for this audit and did not do it. Bonior Combest Emerson Kim Pickett Ward Mr. Speaker, I yield the remainder of Bono Condit Engel King Pombo Waters Borski Conyers English Kingston Pomeroy Watt (NC) my time to the gentleman from Michi- Boucher Cooley Ensign Kleczka Porter Waxman gan [Mr. EHLERS]. Brewster Costello Eshoo Klink Portman Weldon (FL) January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 77 Weldon (PA) Wilson Young (AK) act responsibly. As you know, we have tually identical to the bill that passed Weller Wise Young (FL) White Wolf Zeliff pledged to the American people to last year. One major exception, the ban Whitfield Woolsey Zimmer change the way we do business in this on frequent flier miles has been ripped Wicker Wyden House.’’ out of this bill. Why has it been ripped Williams Wynn The Republican freshman Members out? It has been ripped out because the NAYS—1 have demanded change from this lead- laws that have been passed that we Fattah ership, and we have demanded that a want to have applied here don’t affect NOT VOTING—2 vote occur today on congressional ac- you as individuals. They affect the U.S. countability. We feel this legislation is Brown (FL) Yates Government, because that is where the vitally important and should be passed liability is. But the frequent flier pro- b 2251 today in order to reestablish this as hibition strikes right at the people in So section 107 of the resolution was the people’s House. We must now take this room. The people in this room agreed to. the initiative and pass this important should not use frequent flier miles for The result of the vote was announced measure. personal use. It is hypocrisy of the as above recorded. Mr. Speaker, I reserve the balance of highest order that is not being dealt A motion to reconsider was laid on my time. with this bill when it was dealt with in the table. Mrs. KENNELLY. Mr. Speaker, I the bill we passed last fall. There is The SPEAKER (Mr. TORKILDSEN). yield myself such time as I may only one explanation, and that is Section 108 is now debatable for 20 min- consume. greed. The Members who want to use utes. Mr. Speaker, as has been said so frequent flier miles for personal use are The gentleman from Minnesota [Mr. often today, this is truly a historical ripping off the taxpayers of this coun- GUTKNECHT] will be recognized for 10 day. We are witnessing something on try, and it is wrong and it should be the floor today that we may never have minutes, and the gentlewoman from stopped today. observed before. For the first time the Connecticut [Mrs. KENNELLY] will be So if you believe in bipartisanship, people on the other side are in charge, recognized for 10 minutes. vote this rule down and let us do this and we are seeing two completely The Chair recognizes the gentleman right. closed rules, but probably for the first from Minnesota [Mr. GUTKNECHT]. Mr. GUTKNECHT. Mr. Speaker, I time every they have proposed a closed Mr. GUTKNECHT. Mr. Speaker, I yield 1 minute to the gentleman from rule within a bill brought up under a yield myself such time as I may the land of Lincoln, the gentleman consume. closed rule. from Illinois [Mr. WELLER]. Mr. Speaker, I reserve the balance of (Mr. GUTKNECHT asked and was (Mr. WELLER asked and was given my time. given permission to revise and extend permission to revise and extend his re- his remarks. b 2300 marks.) Mr. GUTKNECHT. Mr. Speaker, my Mr. WELLER. Mr. Speaker, I rise grandma used to say that it is wrong to Mr. GUTKNECHT. Mr. Speaker, I today in support of the rule for the teach our kids to do as I say and not as yield 1 minute to the gentleman from Congressional Accountability Act. For I do. As parents of three teenagers, my West Palm Beach, FL [Mr. FOLEY]. years, Members of Congress have ex- wife and I believe that we need to set a (Mr. FOLEY asked and was given per- good example for our children. It is my mission to revise and extend his re- empted themselves above many of the fervent belief that this philosophy marks.) laws that we impose on the private sec- should apply to the U.S. Congress as Mr. FOLEY. Mr. Speaker, I rise in tor. It is time we held ourselves ac- well. Unfortunately, Mr. Speaker, in support of the rule for accountability, countable to the same standards that recent years the actions of our Govern- the Congressional Accountability Act, we expect of our constituents. ment have been, in essence, to do as I to bring Congress in compliance with The House passed this bill last Au- say and not as I do. the ten laws such as fair labor, civil gust by a vote of 427 to 4. At that time, On behalf of the freshmen who prom- rights, Americans with Disabilities Act the provisions of this bill were delib- ised their constituents consideration and others. erated to the fullest extent possible. on the first day, Mr. Speaker, I would As a freshman Member of the Con- The rule today allows the House to ex- like to thank the leadership for this gress, I was appalled to find out that pedite the process to bring Congress in opportunity. The failure of the pre- this body had exempted itself from the line with the laws of the land under vious Congress to pass the legislation very laws that they had passed on which every American citizen must is unfortunate. We have, in effect, been small business and the consumers of live. When this measure is adopted, saying to the American people, ‘‘You America. When I toured the offices of Congress will be subject to the Family must comply with the rules and regula- Congress in the Cannon and Longworth and Medical Leave Act, the Americans tions we pass, but we don’t.’’ Buildings, I found exits blocked, boxes With Disabilities Act, the Fair Labor Mr. Speaker, the Congressional Ac- packed. Staff members could not have Standards Act, and the Civil Rights countability Act will put an end to this exited in a fire. As a restaurateur, if Act of 1964 will apply to Congress. hypocrisy and put our House in order. that happened in my business, I would We are here to make positive changes Today the new Congress is telling the not only have been fined, but I would in the way Congress operates. Congress American people that we have heard have been closed down that very day has delayed far too long on this initia- their demand for change and that on for failure to observe common safety tive requiring us to live by the same the first day we meant what we said in practices in my business. I think this rules as everyone else. Congressional that we will begin to play by the same Congress can make a statement to Accountability is a step in the right di- rules as those who we were elected to America tonight, and to every small rection, and it is time to bring it to a serve. business, that we understand the bur- vote. I understand that some Members are dens we have placed on them, and that Mrs. KENNELLY. Mr. Speaker, I opposed to the closed rule, but the bot- we are willing to accept those very bur- yield 2 minutes to the gentleman from tom line is that H.R. 1 is virtually dens on ourself. That is the least we Massachusetts [Mr. FRANK]. identical to a bill, H.R. 4822, which can do. The Congressional Accountabil- Mr. FRANK of Massachusetts. Mr. passed this House on August 10, 1994, on ity Act should and must pass. Speaker, there has been a great deal of a 427 to 4 vote. That bill has been thor- Mrs. KENNELLY. Mr. Speaker, I discussion of history tonight, so let us oughly debated in committee. sub- yield 1 minute to the gentleman from quote Karl Marx. ‘‘History repeats it- committee and here on the House Wisconsin [Mr. BARRETT]. self; the first time in history and the Floor. To my 13 new Democratic fresh- Mr. BARRETT of Wisconsin. Mr. second time as farce.’’ Farce is what we man colleagues I say, ‘‘I apologize to Speaker, this is a good bill. I am proud are getting tonight. It is from the 18th you for denying you the opportunity to be a cosponsor. It should pass. This Brumaire of Louis Napoleon. for review of this legislation in com- is a bad rule and it should be voted This is almost exactly what the mittee, but the time has come now to down. As was indicated, this bill is vir- House did before, but there are some H 78 CONGRESSIONAL RECORD — HOUSE January 4, 1995 differences. When the Democratic ma- Mr. SALMON. Nice try. But I would by golly, it’s good enough to apply to jority brought this bill to the floor last like to say this: One thing I have Congress. And if any law isn’t good time, it allowed in the rule 14 amend- learned over my political career is that enough to apply to Congress, then cer- ments, 8 of which could be designated I know I am an incredibly average per- tainly it’s not good enough to apply to by Republicans. son, and the incredibly average person everyone else. You are bringing up a closed rule on that I talk to out there cannot under- When Congress has to live by the a substantive bill for no good reason. stand why we cannot move this to a laws it passes, then Congress will take You are going to debate it after mid- vote and why we cannot move it quick- care to pass better laws. I urge support night. You told us you would be family ly. for the rule. friendly. You forgot to tell us it would I think some good points have been be the Addams Family that would be made, and we will get an opportunity I b 2310 friendly, because we will be doing it at believe to visit some of these issues Mrs. KENNELLY. Mr. Speaker, I 3 o’clock in the morning. Why do some- later. But I do not want to wait. I want yield such time as he may consume to thing perfectly sensible, but block a to move, and I want to vote now. Let the gentleman from California [Mr. us vote this through. Let us make Con- chance to vote on frequent fliers, do it BEILENSON]. at 3 o’clock in the morning, don’t allow gress live under the very same laws as (Mr. BEILENSON asked and was amendments? any other American. It is the right given permission to revise and extend Let me tell you from experience. thing. his remarks.) Mrs. KENNELLY. Mr. Speaker, I When you are in the majority, some- Mr. BEILENSON. Mr. Speaker, I rise to ex- yield 1 minute to the gentlewoman times inevitably you got to defend press my grave reservations about the rule from Michigan [Ms. RIVERS]. some dumb things. But in 1 day you proposed for consideration of H.R. 1. (Ms. RIVERS asked and was given have been dumber than we were in 2 Although I strongly support the Congres- permission to revise and extend her re- years. What are you doing it for? Why sional Accountability Act, and although I be- marks.) not wait until tomorrow. You said we lieve it was wise of the new leadership to Ms. RIVERS. Mr. Speaker, I am a could wait. bring up substantially the same bill that was freshman who like many of you ran on Do you want to hide the debate on the issue of reform. I campaigned for, overwhelmingly approved by the House of frequent fliers? I do not know why the supported, and have voted for many of Representatives last August, I strongly dis- new Speaker is so attached to the fre- the things we have dealt with today. approve of the manner in which the majority quent flier rule. But why not talk So great was the call for reform in our has proposed considering this legislation. about it tomorrow? Why now allow freshman class and across this country I understand the desire of the new Repub- some amendments? that I really expected to come into a lican leadership to bring the Congressional Ac- History? We made this history last House today that would be liberated by countability Act to the floor today, to fulfill the year. We made history once. You can- the free flow of ideas. promise made in the ``Contract With America.'' not make history twice, unless you It has been just the opposite. On our But voting on a major piece of legislation on flunked it the first time, and the way very first day, the most symbolic day, the very day it is introduced, without having an you guys are handling this, I think I have come into a House were 100 per- opportunity to amend it is simply the wrong some of you must have, because you do cent of our rules are closed, where we way to legislateÐand Members on the other not understand what is going on. will not have the opportunity to ad- side of the aisle know that. We are in favor of this. Most of us vance our ideas and see them win or In fact, our Republican colleagues have worked hard for it. We passed it last lose in the court of public opinion. chastised Democratic members, more times year. It was bipartisan. Why are you That is not allowed in the new Con- than we would like to remember, for speeding rushing this through on a totally gress. bills to the floor before there had been ade- closed rule? There is no opportunity for amend- quate opportunity to review them, and for not Comparison: We had eight amend- ments, no opportunity for fine tuning, allowing amendments to be offered to them. ments in order from Republicans. We and no opportunity to divide the ques- ``Gag rule'' was the term our Republican had the frequent flier thing in here. We tion in a way that will allow us to rep- friends used to describe rules like the one be- let it be debated during the day. You resent our constituencies within many- fore us now. are rushing it through, because the Re- itemed bills. To those of us who had to bear the brunt of publicans promised it would be done on This is not the new way, the good the Republicans' criticism of such rules, it the first day? It will be after midnight. way. This is what you all campaigned seems utterly outrageousÐand rather ironicÐ Now you are even fooling with the against. And I think we should learn that in this new era which has been heralded clock. Be sensible. Do not get carried from JERRY SOLOMON who said the peo- by promises of openness and fairness in the away. Do it tomorrow, and do not ex- ple are sick and tired of political legislative process, the very first piece of legis- empt yourself from the most important gamesmanship. They want back their lation brought to floor will be considered in this law of all, common sense. House, they want it open and demo- manner. This rule makes us question whether Mr. GUTKNECHT. Mr. Speaker, I cratic. I think so. criticism of closed rules issued by the majority yield 1 minute to the gentleman from Mr. GUTKNECHT. Mr. Speaker, I party during the last Congress was based on Mesa, AZ [Mr. SALMON]. yield 1 minute to the gentleman from true belief in opening up the amending proc- (Mr. SALMON asked and was given Cincinnati, OH, [Mr. CHABOT]. ess, or whether it was simply a means of gen- permission to revise and extend his re- (Mr. CHABOT asked and was given erating public anger toward Democrats. marks.) permission to revise and extend his re- In fact, this procedure is worse than any- Mr. SALMON. Mr. Speaker, this has marks.) thing I can recall under Democratic control of been an awesome day for me. I was able Mr. CHABOT. Mr. Speaker, our Na- the House. In the 18 years I have served in to sit here on the floor of this very hal- tion was founded on the principle that the House, I cannot remember a time when a lowed place with my four children, and no person is above the law. It is more bill advanced by the Democratic leadership I can’t tell you the experience this has than shameful—it is worse than out- was handled in so rushed and closed a man- been for me, to be able to sit among rageous—that Congress routinely has ner as this one. Under this rule, this bill is to some of the most intelligent minds of exempted itself from the laws that oth- be considered on the very day it is introduced; our country, and to be able to have just ers must obey. From the labor laws en- there will have been no hearings or markup of heard the very eloquent speech of Mr. acted in 1938, to the Civil Rights Act of this legislationÐin fact, not even any informal FRANK. I am impressed. You are even 1964, to OSHA—Congress has said: review by the committees of jurisdiction; there better in person than you are on C– ‘‘These laws apply to others, but not to will have been no review by the Rules Com- SPAN. us. Not to us.’’ mittee for the purpose of granting a rule; and, Mr. FRANK of Massachusetts. If the At long last, these exemptions are of course, there will be no opportunity to gentleman will yield, it will be better going to stop. Finally, we’re going to amend the billÐother than through a motion to tomorrow afternoon if you get a little recognize that if a law is good enough recommitÐand no time to plan amendments sleep. to apply to the American people, then even if there were such an opportunity. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 79 For those of us who were part of the 103d However, sadly, the Republicans de- gentleman from New York [Mr. SOLO- Congress, the fact that this legislation is being railed it in the Senate, so I do not want MON] and his party thought we should considered in this way is less deplorable than anybody out there thinking that we have given them last year. it would otherwise be because the bill is sub- Democrats in the House opposed this. Mr. Speaker, it strikes me as a bit stantially the same as last Congress' H.R. We proposed it, and it passed the House ironic that notwithstanding the rhet- 4822. H.R. 4822 was a well-constructed, well- last year. I strongly supported this oric, we are here with what last year thought-out bill in large part because, unlike measure last year and I will support it my Republican friends would have H.R. 1, it was developed through the regular again this year. called the gag rule. We were accused of legislative process. H.R. 4822 was considered Let me add that I am delighted that having gag rules if they were by the committees of jurisdiction, as well as the Republicans seem to be on board preprinted in the RECORD, or moving a the Rules Committee for purposes of granting this time. Better late than never. How- comma. a rule; there was sufficient time between the ever, Mr. Speaker, I must rise in oppo- This is a blatant closed rule, and as I day the bill was introduced and the day it was sition to the rule we are operating say, they were talking about openness sent to the floor for Members to familiarize under. This is a closed rule, plain and and allowing full debate. Maybe tomor- simple. themselves with it; and most of the amend- row or the next day may show some- ments Members wanted to offer to it were al- My left ear has gone deaf from all the thing else, but today, Mr. Speaker, I do lowed to be offered. In other words, we had catcalls and the charges of gag rule not see any openness coming from the ample opportunity to know what we would be from the minority in the last couple of other side. voting on and to help shape and improve the years, but now they come to the floor bill. and put two closed rules together, so I Mr. GUTKNECHT. Mr. Speaker, I But the 86 Members who are new to the am really disappointed in the actions yield 1 minute to the gentleman from 104th Congress will not have that opportunity. of the minority today. Over the years, Munci, IN [Mr. MCINTOSH]. Their right to review and amend this legislation the cries from the Republicans, maybe (Mr. MCINTOSH asked and was given is being abrogated for the sale of political ex- Mr. Solomon learned something from permission to revise and extend his re- pediency. It is unfairÐand wrongÐto ask me or maybe I learned something from marks.) them to vote on a very important piece of leg- him. Mr. MCINTOSH. Mr. Speaker, on be- islation without giving them any chance to re- Mr. SOLOMON. Mr. Speaker, If the half of the voters of Muncie, Anderson, view the bill, let alone help shape it. gentleman would yield, believe me, I Richmond, and all of the Second Dis- Mr. Speaker, I hope that it is only because learned a lot from you, JOE. trict I rise in support of both the rule of the political imperative dictated by the Mr. MOAKLEY. OK, but I could spend and the Congressional Accountability ``Contract With America'' that we are proceed- all week reciting quotations from Act. Mr. Speaker, the time is now to ing in this manner on a major piece of legisla- Members on the Republican side call- make Congress accountable for the tion. And I hope that we will have the assur- ing restrictive rules of any kind uncon- laws it imposes on the American peo- ance of the new leadership that the procedure stitutional, undemocratic, unfair. Yet, ple. being used to consider H.R. 1 is an aberra- the first day of the session, on the very For too long, Congress has told the tion, and not a signal of how legislation will be first item on our legislative agenda, American People: ‘‘Do as I say, not as handled during this Congress. what do we get? A closed rule within a I do.’’ Congress is currently exempt Mrs. KENNELLY. Mr. Speaker, for closed rule. I am very, very dis- from laws such as the Civil Rights Act, purposes of debate only, I yield one- appointed in the party who is crying the Fair Labor Standards Act and half minute to the gentleman from for open rules and free debates, to come OSHA. For example: House Annex I— Montana [Mr. WILLIAMS] forward today with this rule. the O’Neill Building, could not legally Mr. WILLIAMS. Mr. Speaker, I think I know some of my Republican col- be occupied by any private enterprise. the gentlewoman from Connecticut. leagues will argue that we do not need It would be shut down. Only Congress, Perhaps an uninterested observer lis- an open rule on this particular measure with its exemption from many work- tening to the debate today, Mr. Speak- because the House passed the same leg- place safety regulations, can reside er, might be uninformed enough to islation in the last session, under there. Mr. Speaker, the time is now to have found a little hypocrisy on both Democratic leadership, let me add. Yet end this double standard. sides, and maybe listening to the de- I cannot recall a single occasion on The Congressional Accountability bate on this issue, an uninformed ob- which my Republican colleagues sup- server might not understand that as ported a closed restricted rule on any Act will cause Congress to make better stronger reform bill than the piece now previously-passed piece of legislation. laws. Bad laws will surely be changed being offered came before this body Let me add that when the Demo- as Congress feels their weight. And written by Democrats just a few cratic leadership brought the Congres- good laws protecting safety and civil months ago, and was eventually sional Accountability Act to the floor rights will benefit congressional em- blocked by Republicans. I would not last year, we made 14 amendments in ployees. say that the action today is hypo- order. The scream was ‘‘It is a gag rule, James Madison wrote: ‘‘This Con- critical, but an uninformed observer it is a closed rule.’’ Here today we stitution places elected officials under might. come and we cannot put one amend- the law, thereby avoiding tyranny.’’ Mr. GUTKNECHT. Mr. Speaker, may ment in order; they come with seven Mr. Speaker, the Congress has not I inquire as to how much time is left on amendments into the bill. Evidently lived under all of the laws of the land both sides? there has been an awakening of the for too long. The SPEAKER pro tempore (Mr. Committee on Rules, or there has been The time is now to end the tyranny TORKILDSEN). The gentleman from Min- a change in the heart of my good and make those laws apply to Con- nesota [Mr. GUTKNECHT] has 31⁄2 min- friend, the gentleman from New York gress. utes remaining, and the gentlewoman [Mr. SOLOMON]. Mrs. KENNELLY. Mr. Speaker, I from Connecticut [Mrs. KENNELLY] has However, I recall during debate last yield myself such time as I may 5 minutes remaining. year my good friend and the new chair- consume. Mr. GUTKNECHT. Mr. Speaker, I re- man, the gentleman from New York I would like to close by saying I do serve the balance of my time. [Mr. SOLOMON] arguing for more open not support this closed rule. It blocks Mrs. KENNELLY. Mr. Speaker, I rules on a previously passed bill due to any effort to have an honest, open de- yield 4 minutes to the gentleman from the fact that there were so many new bate about real reform. Massachusetts [Mr. MOAKLEY]. freshmen that had not read the bill and Mr. Speaker, I yield back the balance Mr. MOAKLEY. Mr. Speaker, this it was not fair. Evidently he has had of my time. section is a rule providing for consider- some second thoughts. He thought they Mr. GUTKNECHT. Mr. Speaker, we ation of the Congressional Account- should be able to have greater say in have 21⁄2 minutes remaining, do we not? ability Act. This is the exact same bill the process. I can point to some fresh- The SPEAKER pro tempore. Prior to that we Democrats passed in the House men this year, Mr. Speaker, who yielding further time, the gentleman last year. should be given the courtesy that the does have 21⁄2 minutes. H 80 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Mr. GUTKNECHT. Mr. Speaker, I congressional employees who are not directly Greenwood Longley Salmon yield 1 minute of our time to the gen- Gunderson Lucas Sanford involved in the legislative process, such as Gutknecht Manzullo Saxton tleman from Westbury, NY [Mr. FRISA]. janitorial and groundskeeping staff. Even if Hall (TX) Martini Scarborough Mr. FRISA. Mr. Speaker, for 40 years such an amendment were not adopted, I be- Hamilton McCollum Schaefer this Congress has been in an ivory lieve the debate would have been beneficial to Hancock McCrery Schiff Hansen McDade Seastrand tower, out of touch with reality, and both the Members and the public. I am dis- Harman McHugh Sensenbrenner out of touch with the American people. appointed that the Republican leadership has Hastert McInnis Shadegg That is why the Congress thought it instead seen fit to gag the people's represent- Hastings (WA) McIntosh Shaw knew better, could pass its burdensome Hayworth McKeon Shays atives. When the Republican leadership de- Hefley Metcalf Shuster laws, rules and regulations for every- nies Members the right to fully participate in Heineman Meyers Sisisky one else but for itself. That is going to the legislative process on a noncontroversial Herger Mica Skeen change, Mr. Speaker. issue like this, one cannot help but doubt their Hilleary Miller (FL) Skelton Mr. Speaker, in November the Amer- Hobson Molinari Smith (MI) promises that future bills will be considered in Hoekstra Montgomery Smith (NJ) ican people knocked an elitist Congress an open and amendable manner. Hoke Moorhead Smith (TX) off its pedestal. Tonight the majority Finally, I would like to point out to my col- Horn Morella Smith (WA) will plant its feet firmly on the ground, Hostettler Myers Solomon leagues the relationship between this act and Houghton Myrick Souder and we stand proudly accountable to the so-called unfunded mandates bill. Today, Hunter Nethercutt Spence the American people for the laws that we are voting to apply our labor laws to the Hutchinson Neumann Stearns we will pass, because they should apply U.S. Congress. Shortly, we will vote on legis- Hyde Ney Stockman to us as well. Inglis Norwood Stump lation modifying Congress' power to enact Istook Nussle Talent I would urge support for this meas- laws that affect State and local governments. Johnson (CT) Oxley Tanner ure. That bill, at present, contains no exemption for Johnson, Sam Packard Tate Mr. GUTKNECHT. Mr. Speaker, I the application of our labor laws to State and Jones Parker Taylor (MS) yield myself the remainder of my time. Kasich Paxon Taylor (NC) local governments. I hope that the principle Kelly Peterson (MN) Thomas Mr. Speaker, when Vaclav Havel that we are voting for todayÐthat congres- Kim Petri Thornberry came and spoke to the American peo- sional employees should be protected by your King Pickett Tiahrt ple, he quoted Thomas Jefferson when Kingston Pombo Torkildsen labor lawsÐwill apply equally next week when Klug Porter Torricelli he said that ‘‘Words are plentiful, but considering whether State and local govern- Knollenberg Portman Upton deeds are precious.’’ The American peo- ment employees shall receive equal protection Kolbe Pryce Waldholtz ple want action, not protracted debate. LaHood Quillen Walker under our labor laws. Lambert-Lincoln Quinn Walsh b 2320 Mr. GUTKNECHT. Mr. Speaker, I Largent Radanovich Wamp yield back the balance of my time. Latham Ramstad Weldon (FL) Mr. Speaker, we must seize this his- The SPEAKER pro tempore (Mr. LaTourette Regula Weldon (PA) toric day. Let us not let the American Laughlin Riggs Weller TORKILDSEN). The question is on Sec- people down. The U.S. Congress must Lazio Roberts White tion 108 of the resolution. Whitfield comply with the laws of the land. I Leach Rogers The question was taken; and the Lewis (CA) Rohrabacher Wicker strongly encourage my fellow col- Speaker pro tempore announced that Lewis (KY) Ros-Lehtinen Wolf leagues to vote ‘‘yes’’ on the rule and Lightfoot Rose Young (AK) the ayes appeared to have it. ‘‘yes’’ on H.R. 1. Linder Roth Young (FL) Mrs. KENNELLY. Mr. Speaker, I ob- Livingston Roukema Zeliff Mr. CLAY. Mr. Speaker, I rise to express my ject to the vote on the ground that a LoBiondo Royce Zimmer disappointment that the Republican majority quorum is not present and make the NAYS—178 has not seen fit to allow amendments to the point of order that a quorum is not Congressional Accountability Act. Let me say Abercrombie Farr Luther present. Ackerman Fattah Maloney at the outset that I support the intent of the The SPEAKER pro tempore. Evi- Congressional Accountability Act. I have Andrews Fazio Manton dently a quorum is not present. Baldacci Filner Martinez fought for the rights of American workers The Sergeant at Arms will notify ab- Barcia Flake Mascara Barrett (WI) Foglietta Matsui throughout my political career. I strongly be- sent Members. lieve that all employees, private and public, in- Becerra Frank (MA) McCarthy The vote was taken by electronic de- Beilenson Frost McDermott cluding Federal, State, and local and congres- vice, and there were—yeas 249, nays Bentsen Furse McHale sional employees, should be afforded the pro- 178, not voting 7, as follows: Berman Gejdenson McKinney tection of our labor laws. I believe that the Bonior Gephardt McNulty [Roll No 13] Borski Geren Meehan Congressional Accountability Act accom- Boucher Gibbons Meek plishes that objective with regard to congres- YEAS—249 Browder Gonzalez Menendez sional employees in a manner that does not Allard Buyer Dunn Brown (CA) Gordon Mfume impinge upon the independence of the legisla- Archer Callahan Ehlers Brown (OH) Green Miller (CA) Armey Calvert Ehrlich Bryant (TX) Gutierrez Mineta tive branch nor the ability of Members to rep- Bachus Camp Emerson Cardin Hall (OH) Minge resent their constituents. Baesler Canady English Chapman Hastings (FL) Mink Nevertheless, I am amazed that the Repub- Baker (CA) Castle Ensign Clay Hayes Moakley Baker (LA) Chabot Everett Clayton Hefner Mollohan lican leadership has seen fit to deny Members Ballenger Chambliss Ewing Clement Hilliard Moran any opportunity to amend this bill. This legisla- Barr Chenoweth Fawell Clyburn Hinchey Murtha tion is substantially the same bill that over- Barrett (NE) Christensen Fields (LA) Coleman Holden Nadler whelmingly passed the House last Congress Bartlett Chrysler Fields (TX) Collins (IL) Hoyer Neal Barton Clinger Flanagan Collins (MI) Jackson-Lee Oberstar under Democratic leadership. At that time, at Bass Coble Foley Conyers Jacobs Obey least some amendments were permitted. As a Bateman Coburn Forbes Costello Jefferson Olver matter of principle, the contention that the Bereuter Collins (GA) Ford Coyne Johnson (SD) Ortiz Bevill Combest Fowler de la Garza Johnson, E. B. Orton Congress should be covered by the labor stat- Bilbray Condit Fox Deal Johnston Owens utes is so widely held in this body as to be be- Bilirakis Cooley Franks (CT) DeFazio Kanjorski Pallone yond issue. So why bring the bill up under a Bishop Cramer Franks (NJ) DeLauro Kaptur Pastor gag rule? Surely no one contends that the Bliley Crane Frelinghuysen Dellums Kennedy (MA) Payne (NJ) Blute Crapo Frisa Deutsch Kennedy (RI) Payne (VA) Congressional Accountability Act was written Boehlert Cremeans Funderburk Dicks Kennelly Pelosi on Mount Sinai. Boehner Cubin Gallegly Dingell Kildee Peterson (FL) The stated purpose of the statute is to en- Bonilla Cunningham Ganske Dixon Kleczka Pomeroy Bono Danner Gekas Doggett Klink Poshard sure that the Congress is subject to the same Brewster Davis Gilchrest Dooley LaFalce Rahall rules that we impose on private employers. Brownback DeLay Gillmor Doyle Lantos Rangel Most private employers in this country are Bryant (TN) Diaz-Balart Gilman Durbin Levin Reed subject to the National Labor Relations Act. It Bunn Dickey Goodlatte Edwards Lewis (GA) Reynolds Bunning Doolittle Goodling Engel Lipinski Richardson is interesting to me that no effort has been Burr Dreier Goss Eshoo Lofgren Rivers made to at least apply that statute to those Burton Duncan Graham Evans Lowey Roemer January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 81 Roybal-Allard Stokes Visclosky business’’ and the ‘‘order, decency, and kets Activities of Banks and Bank Rush Studds Volkmer Sabo Stupak Ward regularity’’ of a dignified public body. Holding Companies (1990). Sanders Tauzin Waters These reforms are long overdue. They In addition, the committee’s jurisdic- Sawyer Tejeda Watt (NC) have the support of the American peo- tion is amended to expressly include Schroeder Thompson Waxman ple, and they deserve our strong sup- depository institution securities ac- Schumer Thornton Williams Scott Thurman Wilson port. tivities generally, including the activi- Serrano Torres Wise Mr. Speaker, I would also like to ties of any affiliate, except for the Skaggs Towns Woolsey clarify some of the committee jurisdic- functional regulation under applicable Slaughter Traficant Wyden Spratt Tucker Wynn tion changes contained in section 202 of securities laws not involving safety Stark Velazquez House Resolution 5. and soundness. This clarifies the com- Stenholm Vento The jurisdiction of the Committee on mittee’s primary jurisdiction over the NOT VOTING—6 Agriculture is amended to include in- Glass-Steagall Act. It should be noted Brown (FL) Dornan Vucanovich spection of livestock, and poultry, and that the term ‘‘depository institution’’ Cox Markey Yates meat products, and seafood and seafood specifically includes ‘‘non-bank banks’’ b 2333 products. As a result, the food inspec- grandfathered under the Competitive tion programs of the Department of Equality Banking Act of 1987 and the Ms. ESHOO, Mr. GORDON and Mrs. Agriculture and the Food and Drug Ad- committee has jurisdiction over any SCHROEDER changed their vote from ministration are consolidated under affiliate of a non-bank bank, other ‘‘yea’’ to ‘‘nay.’’ the Committee on Agriculture. The than a registered broker-dealer. Mr. MOORHEAD changed his vote current jurisdictional arrangement Depository institution securities ac- from ‘‘nay’’ to ‘‘yea.’’ with respect to food safety activities tivities under the committee’s jurisdic- So section 108 of the resolution was will remain in the Committee on En- tion would include any activity involv- agreed to. ergy and Commerce. ing bank-eligible securities as de- The result of the vote was announced The committee’s jurisdiction is also scribed in section 5136 of the Revised as above recorded. A motion to reconsider was laid on been amended to include water con- Statutes (12 U.S.C. 24) and any securi- the table. servation related to activities of the ties activity incidental to carrying on The SPEAKER pro tempore (Mr. Department of Agriculture. This grants the business of banking. It would also the committee jurisdiction over any include any activities by depository in- THOMAS). Title II of the resolution is now debatable for 20 minutes. measure that changes section 6217 of stitutions, their holding companies, The gentleman from California [Mr. the Omnibus Budget Reconciliation and any affiliates to: Act of 1990 with respect to agricultural First, underwrite, deal in, broker, or DREIER] will be recognized for 10 min- utes, and the gentleman from Michigan activities in coastal zone areas. distribute securities of any type, and [Mr. BONIOR] will be recognized for 10 The Committee on Banking and Fi- engage in other securities activities as minutes. nancial Services retains all of the ex- permitted by the appropriate federal The Chair recognizes the gentleman isting authority of the Committee on banking agencies; from California [Mr. DREIER]. Banking, Finance and Urban Affairs Second, sponsor, organize, control, Mr. DREIER. Mr. Speaker, I yield from the 103d Congress over financial manage, and act as investment adviser myself such time as I might consume. services providers generally, including to an investment company; (Mr. DREIER asked and was given the activities and supervision of depos- Third, engage in, or acquire the permission to revise and extend his re- itory institutions and any affiliates. shares of any company engaged in any marks.) The committee’s jurisdiction has been securities activity so closely related to Mr. DREIER. Mr. Speaker, the eight expanded, as well as clarified by this banking as to be a proper incident reform items considered previously resolution. thereto. represent the most visible elements of The committee is given jurisdiction A list of current securities-related the House Republican reform agenda. over bank capital markets activities. activities under the committee’s juris- These reforms, combined with the 23 In response to technological and mar- diction that have been determined to additional changes made to the House ket innovations, banks have sought to be so closely related to banking as to rules in title II of this resolution, send continue to service their traditional be a proper incident thereto is de- a clear message to the American people customer base by providing certain scribed in Federal Reserve Board Regu- that Congress is serious about chang- types of investment banking or func- lation Y (12 CFR 225.25). ing the way Washington does business. tionally similar capital market serv- Any securities activity conducted by Mr. Speaker, the need for the ices. The committee has jurisdiction a depository institution, its holding changes in title II is compelling. The over these capital markets activities company, or any affiliate in a reg- rules governing committee jurisdic- engaged in by banks which include, but istered broker-dealer should be func- tions and the general procedures gov- are not limited to, acting as a govern- tionally regulated by the Securities erning the House are ineffective and ment securities broker or dealer under and Exchange Commission under appli- out-of-date. They breed bureaucratic the Government Securities Act, acting cable securities laws and the appro- inertia and rigidity, and they are a hin- as a municipal securities broker or priate Federal banking agency jointly. drance to setting priorities and carry- dealer under section 15B of the Securi- The SEC would functionally regulate a ing out agendas. ties Exchange Act of 1934, acting as an registered broker-dealer affiliated with The rules governing the administra- investment advisor under the Invest- a depository institution for purposes of tion of the House have bred a patron- ment Advisors Act of 1940, providing compliance with the legal and regu- age system that has brought scandal loan guarantees and other similar off- latory framework generally established and embarrassment to this institution balance sheet support, privately plac- for registered broker-dealers under the and have weakened both the public’s ing securities, securitizing loan assets securities laws. SEC functional regula- image and the effectiveness of Con- of any type, syndicating and selling tion under applicable securities laws gress. bank loans, engaging in transactions will not be included in the committee’s The reforms in title II are intended involving exchange-traded and over- jurisdiction. Registered broker-dealers to make the House more accountable, the-counter derivatives, and engaging affiliated with insured institutions will professionalize the administrative in transactions involving other types also be supervised by the appropriate management, and rebuild public con- of qualified financial contracts as that Federal banking agency, most likely fidence in representative government. term is described in section 11(d) of the the Federal Reserve Board, for compli- Adoption of title II will bring about Federal Deposit Insurance Act. A com- ance with applicable Federal banking dramatic change to this institution prehensive summary of bank capital laws and for purposes of protecting the while maintaining a structure of rules markets activities as industry prac- safety and soundness of affiliated in- that achieve what Thomas Jefferson tices have defined this term are con- sured institutions. Supervision for called ‘‘a uniformity of proceeding in tained in A Guide to the Capital Mar- safety and soundness purposes H 82 CONGRESSIONAL RECORD — HOUSE January 4, 1995 of a broker-dealer affiliated with a de- dictions formerly vested in the Com- 20-minute block of time there will be a pository institution by the appropriate mittee on Merchant Marine and Fish- motion to recommit, and I want to ap- Federal banking agency is maintained eries, the Committee on House Admin- prise my colleagues of what that will within the committee’s jurisdiction. istration, and the Committee on En- be. For the newer members of this in- Several significant changes are made ergy and Commerce from the 103d Con- stitution, you will get yet a third to the jurisdiction of the Committee on gress. chance tonight to vote on a ban on Commerce formerly the Committee on The jurisdiction of the Committee on gifts from lobbyists, you will get a Energy and Commerce. Those changes Small Business is amended to include third chance tonight to vote on a limit include the transfer of jurisdiction over measures relating to the Regulatory on royalties for books to one-third of the inspection programs of the Food Flexibility Act and the Paperwork Re- annual salary, you will get a chance duction Act as they affect small busi- and Drug Administration to the Com- again this evening to vote on an open ness. mittee on Agriculture. The current ju- rule for the Congressional Accountabil- risdictional arrangement with respect The Committee on Science retains ity Act, and in addition to that, you to food safety activities would remain the jurisdictional authority of the will get a chance to institute some of in the Committee on Energy and Com- Committee on Science, Space and the reforms that your friends and your merce. Technology from the 103d Congress. Ju- colleagues have championed on this The Committee on Economic and risdiction added to the committee in- Educational Opportunities will retain cludes marine research, which was for- floor over the years, guaranteeing, for the jurisdictional authority of the merly vested in the Committee on Mer- instance, a third of committee staff for Committee on Education and Labor chant Marine and Fisheries from the minority, limiting the terms of the from the 103d Congress. 103d Congress. This jurisdiction in- Speaker to three terms instead of four The Committee on Government Re- cludes, but is not limited to, Coast and terms, bipartisan House Administrator, form and Oversight combines the juris- Geodetic Survey, Regional Marine Re- something championed on this floor diction of the former 103d Congress search Programs, Ocean Thermal En- day in and day out over the last session committees on the District of Colum- ergy Conversion, Global Climate which we have had and now we do not bia, Government Operations, and Post Change, Global Learning and Observa- have anymore, and you can have a Office and Civil Service. The resolution tion to Benefit the Environment, Na- chance to vote on that. Committee ra- clarifies the committee’s jurisdiction tional Undersea Research Program, tios must match. over the Federal Paperwork Reduction NOAA Corps, and NOAA fleet; and All of these reforms you will get a Act. It also clarifies the committee’s The Committee on Transportation chance to vote on in the motion to re- jurisdiction over public information and Infrastructure retains the jurisdic- commit. tional authority of the Committee on and records as they pertain to the Mr. DREIER. Mr. Speaker, I yield 21⁄2 Freedom of Information Act and the Public Works and Transportation from minutes to our new colleague, the gen- Privacy Act. This should not be con- the 103d Congress. Jurisdiction added tleman from Friendswood, TX [Mr. to the Committee includes Federal strued to affect the jurisdiction of the STOCKMAN]. Committee on House Oversight with re- management of emergencies and natu- (Mr. STOCKMAN asked and was ral disasters. This language is added to spect to the Government Printing Of- given permission to revise and extend reflect an agreement reached in the fice, or the Library of Congress, or his remarks.) 103d Congress between the Committee House Information Systems, or the dis- Mr. STOCKMAN. Mr. Speaker, it is semination of such government infor- on Armed Services and the Committee on Public Works and Transportation. It my distinct honor to speak in strong mation to the public. support of the reforms in title II. I was The Committee on House Oversight transfers nearly all of the responsibil- ity for the authorization and oversight elected to Congress as a servant of the retains the jurisdictional authority of people; to limit the size and scope of the Committee on House Administra- of the Federal Emergency Management Agency to the Committee on Transpor- the Federal Government and to clean tion from the 103d Congress, with the tation and Infrastructure. Addition- up the mess here in Washington. This addition of jurisdiction over the Frank- ally, it is my understanding that, based title has 23 provisions and I will focus ing Commission. Jurisdiction over on an agreement with the Office of on just a few. measures relating to the erection of Management and Budget, programs re- In the Contract With America we monuments to the memory of individ- lated to this jurisdictional transfer will committed to slash the number of com- uals is transferred to the Committee on be moved out of budget function 050 to mittees and we have kept our word. Resources. the budget function dealing with public This is revolutionary legislation. The Committee on International Re- works. Jurisdiction over measures re- Today, we will eliminate three com- lations retains the jurisdictional au- lating to merchant marine, except for mittees (Post Office, Merchant Marine, thority of the Committee on Foreign national security aspects of merchant and District of Columbia). No full Affairs from the 103d Congress. marine will be further clarified by a standing House committees has been The jurisdiction of the Committee on memorandum of understanding be- eliminated since 1947. In addition, 25 the Judiciary is amended to include ad- tween the National Security Commit- subcommittees will also be eliminated. ministrative practice and procedure. tee and the Transportation and Infra- The savings will be approximately $35 This is added to reinforce the fact that, structure Committee. since 1946, the committee has had juris- million. House committees, like Fed- In addition, the committee is granted eral programs, ought not live forever. diction over the Administrative Proce- jurisdiction over marine affairs, in- dures Act and the rights and remedies Our first order of business is to put cluding coastal zone management, as the People’s House in order. We signed under administrative law. they related to oil and other pollution The Committee on National Security a contract with the American people to of navigable waters. This vests the look at every Federal action by the retains the jurisdictional authority of committee with primary jurisdiction the Committee on Armed Services House will send a strong and clear mes- over all aspects of the Federal Water sage to the American people that we from the 103d Congress. Jurisdiction Pollution Control Act, and the coastal are serious about our purpose. added to the committee includes tac- nonpoint pollution program established This bill will ensure that what is said tical intelligence and intelligence-re- in section 6217 of the Omnibus Budget on the floor and in committee will be lated activities of the Department of Reconciliation Act of 1990. Defense. This clarifies the existing re- recorded verbatim for the American lationship between the committee and b 2340 people to read. Staff members will no the Permanent Select Committee on Mr. Speaker, I reserve the balance of longer work into the middle of the Intelligence. my time. night to conceal what was actually The Committee on Resources retains Mr. BONIOR. Mr. Speaker, I yield said in the People’s House. the authority of the Committee on myself 1 minute. This bill will end pork barrel projects Natural Resources from the 103d Con- I take this minute of time to indicate on emergency spending bills. This gress, with the addition of some juris- to my colleagues that at the end of this change will make spending cuts easier. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 83

This bill will ban commemorative Wisconsin [Mr. KLECZKA], in trying to man Ornstein has written that DSG legislation like National Asparagus reform these LSO’s, but, no, we could ‘‘has evolved over the years into a Day. Banning this practice will save at never get real reform of LSO’s. We group that provides solid, objective, least $300,000 according to the Congres- could never get a full accounting of the and timely information’’ on upcoming sional Research Service and improve funds. We could never build a wall be- legislation. the operation of Congress by eliminat- tween these taxpayer-funded caucuses House Republicans have attempted to ing the 25 percent of floor time and outside 5013(c) organizations these characterize their abolition of the consumed by commemoratives. foundations. Democratic Study Group as part of Last, and perhaps most importantly, And so putting this in the rules pack- their efforts to cut costs and increase this bill will require the Pledge of Alle- age guarantees that no longer will the efficiency in the House—and yet termi- giance as the third order of business U.S. House of Representatives have to nating DSG does neither. each day. In 1988, the Democrats de- fund these organizations. That means The Democratic Study Group has feated an attempt to require the Pledge less space, less overhead, less cost to been a cost-effective mechanism allow- on the House floor. The Pledge ought America’s taxpayers. ing rank-and-file Members of the House not to be optional in the People’s It is the right move, and the people to pool their resources to have an inde- House and now it is not. I am proud of who put this in here ought to be con- pendent staff that produced indepth our great Nation and believe our best gratulated. legislative analyses that Members days are yet to come. We will set an ex- Mr. BONIOR. Mr. Speaker, I yield 1 needed to carry out their legislative re- ample by beginning our day pledging minute to the distinguished gentleman sponsibilities. allegiance to this country which has from Colorado [Mr. SKAGGS]. Instead of having 435 congressional been so richly blessed. Mr. SKAGGS. Mr. Speaker, included offices have individual staffers attempt Mr. Speaker, thank you again for in the House rules package prepared by to read every bill and accompanying this historic opportunity to lead the the Republican Conference being voted committee report coming to the House debate on this bill. It is a good first upon today are provisions to direct the floor for a vote, the premise of the DSG step and sets an example that we are House Oversight Committee to abolish has been to have a small, independent able to get our affairs in order. Let us all Legislative Service Organizations move boldly ahead to return Congress [LSO’s], including the Democratic staff analyze these bills and provide in- and this Nation to the people. I urge Study Group. terested offices with the indepth analy- adoption. The Republican rules package is ses that they need. Mr. BONIOR. Mr. Speaker, I yield 1 being brought to the floor under a pro- As a result, the existence of DSG minute to the distinguished gentleman cedure which bars amendments. So over the last three decades has actu- from Maryland [Mr. CARDIN]. today there will be no opportunity for ally increased the efficiency of the Mr. CARDIN. Mr. Speaker, let me ex- the House to effectively debate the House of Representatives and reduced press my disappointment with section merits of an organization such as the the cost to each Member of acquiring 201 of the bill that is before us, where Democratic Study Group or to consider this indept information. a partisan Chief Administrative Officer proposals to allow the Democratic DSG has not only increased effi- will replace a nonpartisan Chief Ad- Study Group to continue to provide ciency within the House, it has also ministrative Officer will replace a non- top-quality research within the House done so in a very cost-effective man- partisan Director of Financial and of Representatives. ner. With a staff of only 18—including Non-Legislative Services. However, as the newly elected chair- printers and support staff—the Demo- Many of us on both sides of the aisle man of the Democratic Study Group cratic Study Group produces a pro- have been working for less partisanism, for the 104th Congress, I cannot let this digious amount of high-quality re- particularly in the administration of occasion pass without standing up to search materials for Members, the the House of Representatives. protest this misguided action on the press, and other interested parties. For It was the Republicans who worked part of the House Republican Con- example, in the 103d Congress alone, with us to develop the Director of Fi- ference. DSG produced 517 reports on legisla- nancial and Non-Legislative Services, Although under the new Republican tion and major issues, totaling 7,793 being approved by both the majority rules the Democratic Study Group will pages. Any Republican claims that and minority, reporting to a commit- be allowed to reconstitute itself as a DSG has not been cost-effective simply tee composed of equal numbers of ‘‘Congressional Member Organization,’’ ignore these facts. Democrats and Republicans. DSG’s ability to have an office and Furthermore, despite Republican What happens under this particular staff and thus to produce the legisla- claims to the contrary, the elimination bill? That office is abolished and re- tive research materials Members have of DSG does not save even $1 of tax- placed with a partisan Chief Adminis- relied upon for so long is being termi- payer money and does not cut House trative Officer. A few months ago the nated. staff by even one position. The new Re- Republicans favored bipartisanism in The Democratic Study Group has publican rules don’t cut office expense administration to avoid the abuse of served the House of Representatives ex- allowances or staff slots—they just re- power by any one party. Now, just a tremely well for over 30 years. Over strict how Members are allowed to use few months later, we see a complete re- this period of time, DSG has provided their allowances and staff slots. Thus, versal. independent, indepth, and timely anal- under the new Republican rules, Mem- What a missed opportunity to ad- yses of all legislation coming to the bers will simply now be free to use vance bipartisanism. House floor. money currently used to pay DSG dues Mr. DREIER. Mr. Speaker, I yield 1 Over this more-than-30-year period, to meet other office expenses and be minute to my friend, the gentleman DSG has developed a reputation for free to use staff slots currently used for from West Chester, OH [Mr. BOEHNER]. independence and credibility, by pro- a shared DSG employee to hire another Mr. BOEHNER. Mr. Speaker, ladies viding unbiased information that pre- personal staff member. and gentleman, there are a lot of im- sents both sides of controversial issues If abolishing DSG doesn’t cut costs portant reforms in title II of this part fairly and objectively. Consequently, or increase efficiency, what is the true of the rules package tonight. One of DSG research materials have come to motivation behind the move to termi- those sections in there eliminates leg- be relied upon not only by House nate this 35-year-old organization islative service organizations or, as Democrats, but also by Republican sub- which has served the House so well? some have come to be known, taxpayer scribers, the press, lobbyists, and con- The real motivation for House Re- funded caucuses. gressional scholars. Indeed, at times, publicans in terminating DSG is not The gentleman from Kansas [Mr. DSG has had well over 50 Republican hard to divine. In materials distributed ROBERTS], sitting in the back of the subscribers. in the Republican Conference on De- Chamber, spent 14 years, and I have The quality of DSG research products cember 6, when the vote to eliminate joined him the last 4 years, along with has been noted by many independent DSG was taken, it is stated: ‘‘The de- other Members, the gentleman from observers. For example, scholar Nor- mise of the DSG severely damages the H 84 CONGRESSIONAL RECORD — HOUSE January 4, 1995 power structure of the House Demo- try give unlimited amounts of money The District of Columbia has more crats.’’ where we do not know who gives it, residents than three States, Alaska, Closing down DSG seems to be part what relationship they have to the leg- Wyoming, and Vermont. Combined of an effort to centralize information islation that is pending in this institu- those three States have nine Rep- and to stifle debate on legislation that tion. resentatives in Congress. The District the new Republican majority produces. Let me speak to another issue, Mr. of Columbia has only one nonvoting Indeed, House Republicans have Speaker, that was raised here this Member, that is unfair, unequal and moved to abolish DSG at the same evening, and that is the issue of closing not to mention unconscionable. time that they have promised to bring down voices. We have had a disturbing I urge Members to reconsider their 10 complicated pieces of legislation to trend occur in the last 2 months in this stand on this issue. How can we deny the House floor—the Republican ‘‘Con- institution. LSO’s, Women’s Caucus, persons the right to fair representa- tract With America’’—within the first their voices closed down; African- tion, how can we provide for taxation 100 days of the 104th Congress. Thus, at American voices closed down; Hispanic without representation in the United the same time that the House is em- voices closed down; Democratic Re- States—and at the same time, in good barking on a furious legislative sched- search, the voice of our party, closed faith, fight for democracy abroad? ule, the staff most equipped to provide down. Mr. DREIER. Mr. Speaker, might I the minority party with legislative Then what do we have today? Three analyses has been abolished. closed rules closing down our voice to inquire how much time remains on Although a nonprofit organization is offer amendments, and then the gentle- both sides? being formed that will attempt to pro- men from the other side of the aisle ad- The SPEAKER pro tempore (Mr. vide high-quality DSG-like research vocate closing down Public Broadcast- THOMAS). The gentleman from Califor- services to interested Members and to ing, the National Endowment for the nia [Mr. DREIER] has 3 minutes remain- others, it is a disservice to the House of Arts, and there is a narrow closing of ing, and the gentleman from Michigan Representatives that such a step is now voices in this country, and we will not [Mr. BONIOR] has 5 minutes remaining. necessary. be a part of it. Mr. BONIOR. Mr. Speaker, I yield 90 Scholar Norman Ornstein has said Mr. DREIER. Mr. Speaker, I yield 1 seconds to the distinguished gentleman that losing DSG as an integral part of minute to my friend, the gentleman from Guam [Mr. UNDERWOOD]. the House of Representatives rep- from Idaho Falls, ID [Mr. CRAPO]. (Mr. UNDERWOOD asked and was resents ‘‘a real loss for Congress.’’ Mr. CRAPO. I thank the gentleman given permission to revise and extend More than that, it is a blow to free, for yielding this time to me. his remarks.) open, and honest debate, and a rather Mr. Speaker, let us understand what Mr. UNDERWOOD. Mr. Speaker, all blatant attempt to censor information this debate is about. We have before us day the new majority has proposed a and quash dissent in this body. title II of a proposal that has over 25 package of rules meant to symbolize a b 2350 major and important reforms and a return of Government to the people. motion to commit that will be coming Mr. DREIER. Mr. Speaker, I yield 1 But there is one element of the rules that will say, Let’s not consider these minute to my friend, the gentleman package which flies in the face of de- reforms tonight, reforms that will from Long Beach, CA [Mr. HORN]. mocracy, which strengthens Federal Mr. HORN. Mr. Speaker, we heard a eliminate committees, reforms that control over the lives of citizens, which few hours ago the word hypocrisy used; will eliminate rolling quorums, make disempowers local Government and we have heard about the gift ban that accountable votes in committees, and which makes this House less accessible needs to come before us. The facts of require automatic rollcall votes for to U.S. citizens, and that is the denial life are that this is not the place to dis- spending money and raising taxes, and of the delegates their opportunity to cuss the gift ban, but if we are going to one which is especially important to vote in the Committee of the Whole. discuss it let us also discuss political our class—the freshman class of last Those who argue that against the action committees. Five or ten dollar year—and that is the discharge peti- delegate vote forget the past struggles gifts such as the nasty lips ointment tion. of breaking down barriers to participa- which arrived in our offices today from What is the reason for saying, Let’s tion on the basis of gender, race, poll a Vermont firm, that is not the prob- not enact these reforms tonight? Be- taxes and land ownership. lem. The problem is there is too much cause we have the gift ban proposal put Now, as we confront the issue of fel- money floating around in American forward that our Speaker today said we low citizens who die like you for that politics at $10,000 an election cycle per will address in this Congress. You can- flag, who serve like you for that flag political action committee, PAC’s. not use the issue of saying we want to and who remain spectators in this do it tonight, to dodge these important That is what we have to deal with. country’s affairs, our history is con- reforms. We will get to the gift ban, The fact that you can hold parties at veniently forgotten. Those who would but tonight let us focus on the reforms the Republican Club and at the Demo- deny the participation of people from that this House needs, that the people cratic Club and get $500 at a clip every Guam, a place symbolized in the na- of this country want, and let us get on quarter from Washington lobbyists is tional consciousness in World War II as with the business of reforming this the real lobbyist problem. It is not the the only inhabited U.S. territory in- $5 or $10 gift that pops up, the raisins House. Mr. BONIOR. Mr. Speaker, I yield 1 vaded and occupied since the war of from Fresno, or whatever. 1812, which was the land from which I would suggest to my colleagues on minute to the gentleman from Louisi- much of American power has been ex- the other side of the aisle that what ana [Mr. FIELDS]. tended into Asia and the Pacific during the Republican party offered this Mr. FIELDS of Louisiana. I thank the cold war. Chamber last year and they voted down the gentleman for yielding this time to was a ban on PAC’s and a ban on soft me. Guam was one of the major bases money. Next time we ought to pass Mr. Speaker, since 1800, the residents used to fight the Vietnam war. But that legislation if we are really serious of Washington, DC, have been the only when the wars are over and we attempt about curbing lobbyist influence. tax paying U.S. citizens denied equal to put into practice what we allegedly Mr. BONIOR. Mr. Speaker, I yield representation in Congress, denying fought for, Guam and her people recede myself 1 minute. the residents of the District of Colum- into the back reaches of our memory, Mr. Speaker, I would say to my bia to send Representatives to Con- only to be jarred when again we need friend—and he is my friend—who just gress who can vote on taxes or decide their piece of property to fight another spoke that if he was serious and the questions of war and peace. war, but never to share in the peace. party he represents was serious, they At the same time we expect them to We may lose this time in the fight also would talk about the PAC issue shoulder the burdens of citizenship—in- over this important symbol, but we and open up the books to GOPAC. You cluding the obligation to pay taxes and will be here constantly, reminding you cannot have it both ways. You cannot to fight and die for their country in of who we are until we jar your con- have a PAC where people in this coun- time of war, this is wrong. sciousness and bring the principles of January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 85 this country into fruition wherever the guise of ‘‘reform.’’ I hope that all wants to still the voices, and the mi- that flag flies. fair-minded people will see through nority whip says we are stilling the Mr. DREIER. Mr. Speaker, I reserve this sham. black voices, the Hispanic voices, the the balance of my time. The SPEAKER pro tempore. The gen- women’s voices and the Arts Caucus’ Mr. BONIOR. Mr. Speaker, I yield 11⁄2 tleman from California has 3 minutes voices, and I would like to suggest that minutes to the distinguished gen- remaining and has indicated he has one it is precisely at the crux of a Novem- tleman from New Jersey [Mr. PAYNE]. speaker remaining. The gentleman is ber 8 election. One tends to see Amer- Mr. PAYNE of New Jersey asked and entitled to close. ica as groups of groups with groups’ was given permission to revise and ex- b 2400 claims and society’s assets, and we tend his remarks.) argue that America is 258 million indi- Mr. BONIOR. Mr. Speaker, I yield Mr. PAYNE of New Jersey. I thank vidual Americans, each with their own such time as he may consume to the the gentleman for yielding this time to voice, each being heard at every oppor- gentleman from California [Mr. me. tunity. FILNER]. Mr. Speaker, on behalf of my col- The last time we had a party in this leagues in the Congressional Black (Mr. FILNER asked and was given country that saw America as a collec- Caucus, I rise in strong opposition to permission to revise and extend his re- tion of groups with group claims and the provision in the rules package marks.) assets was in 1832, and 1856 and 1860. which will eliminate all legislative Mr. FILNER. Mr. Speaker, I rise in service organizations. opposition to many of the elements of They were organized around opposition Let’s be honest—this attack on the this package. to another idea. They did not have a caucuses and their right to exist is not While there are some admirable portionsÐ single organizing principle of their motivated by any desire for reform. It for which I would vote if they stood aloneÐthe own. It was the Whig Party, and they will not save the public money. package as a whole must be defeated! died. This change has one purpose, and one When we carefully examine what these Mr. BONIOR. Mr. Speaker, I yield purpose only—to silence the voices of rules will do, we discover they are not reforms myself 1 minute to just respond briefly those who dare to question the status at all, as has been promised, but steps that to that. quo in this supposedly new and ‘‘open’’ actually reduce our ability to serve the public Mr. Speaker, we are 209 Members House of Representatives. and increase opportunities for purely partisan strong, representing every part of this The elimination of the caucuses is an activity. great country and representing every attempt to cut off the flow of informa- Eliminating the Post Office and Civil Service constituency in this great country of tion and ideas that the party now in Committee would be a disservice to the many ours in our Democratic Party. We have power finds threatening. retirees who have dedicated their lives in serv- been silenced tonight, all of us and the Despite their public lip service to bi- ice to their country! I have received many let- people that we represent, from offering partisanship, the Republicans showed ters and calls from seniors who are extremely any amendment on the bills that are true colors behind closed doors. Let me concerned about this action. pending before us tonight. quote from the document they distrib- Eliminating the legislative service organiza- We are not a narrow group of people. uted in the Republican conference. tions will make it more difficult to get a fair We do not represent a narrow interest They said it was important to cut out hearing for any program or analysis that goes of people. We represent a broad spec- the caucuses because, and I quote, in a different direction from that of the new trum of the American public, and they ‘‘Eliminating the Legislative Service majority. have shut us out this evening. Organizations severely damages the In 1992, Congress went through a con- Mr. Speaker, I yield 1 minute to the certed effort in the aftermath of the House power structure of the House Demo- gentleman from New York [Mr. SCHU- crats.’’ Is this bipartisanship? Post Office scandal to make the House admin- MER]. istration a non-partisan activity, reporting in a The Congressional Black Caucus and (Mr. SCHUMER asked and was given the other legislative service organiza- bipartisan manner to Congress. This was true reform. But the proposed rule would eliminate permission to revise and extend his re- tions have been run in an efficient, re- marks.) sponsible manner. Members with simi- the nonpartisan Doorkeeper's OfficeÐand Mr. SCHUMER. Mr. Speaker, I think, lar concerns have been able to pool our open a backdoor to partisan manipulation. yes, in some ways today is historic. My resources to accomplish important The new Speaker's Office is another at- colleagues, the most historic thing goals in behalf of our constituencies. tempt to consolidate power in a partisan man- about today is the fact that on the very As all Members well know, the expendi- nerÐeliminating the progress that has been tures of legislative service organiza- made in protecting the rights of both the mi- first day of the Republican majority tions are carefully monitored by the nority and the majority and in fostering full de- eight significant changes were debated House Finance Office. bate of issues before this legislative body. on the floor, and not a single amend- To ensure strict accountability, the In addition, this rule prevents some of our ment was allowed. We were totally General Accounting Office conducts duly-elected Representatives from voting in shut out of the process, and it is not audits of the legislative service organi- the Committee of the Whole House, including that these were the most earth shatter- zations. the representative from Washington, DCÐ ing of debates of rules. So, again, this is not about reform. It leaving the Capital's citizens with taxation I have to say that when I go into is a blatant move to put a gag on mi- without representation. Talk about moving O’Halleran’s Pub and speak, to the fel- norities and others who may differ in backwards! lows, Mr. Speaker, they do not say, opinion from the new majority party. We must preserve the rights of the majority ‘‘Hey, Charlie, make sure you go to But let me say this—you will not and the minority. We must preserve the votes baseline budgeting,’’ or, ‘‘Get rid of succeed in silencing us. We have been of all Representatives. We must be cautious proxy voting.’’ These are internal is- through many struggles throughout about reform that ends up costing more sues that affect only ourselves, and the course of history, but we have money and decreasing our ability to truly de- they are not going to make the lives of never been silenced. Regardless of the bate ideas. I urge my colleagues to join me in our constituents better. They are a de- outcome of this vote, the Congressional opposing this package. bate as to how to run the House. Black Caucus will continue to meet, to Mr. DREIER. Mr. Speaker, I yield 1 Where could it be more appropriate fight injustices, and to speak out pas- minute to the gentleman from Atlanta, than to allow that debate to be open sionately in behalf of those who have GA [Mr. LINDER], a new member of the and free and to allow alternative pro- no power, who have no voice. We will Committee on Rules. posals as they so suggest that they continue to be the conscience of the Mr. LINDER. Mr. Speaker, I thank want to do than on this kind of debate? Congress. the gentleman from California [Mr. The fact that we have not been allowed Again, Mr. Speaker, I regret this DREIER] for yielding this time to me. to debate these issues and amend these move by the new majority to obstruct Mr. Speaker, I would like to address issues openly does not speak well for the work of the Congressional Black directly the question of stilling of the future openness of how this House Caucus and other organizations under voices, whether the Republican Party will be run. H 86 CONGRESSIONAL RECORD — HOUSE January 4, 1995 The SPEAKER pro tempore (Mr. hours that we had and the efforts of the one or more such waivers from the resolu- THOMAS). All time has expired on the Joint Committee on the Organization tion, and each such motion shall be decided minority side. of Congress, we took input from Demo- without debate and shall require for adop- tion the requisite number of affirmative PARLIAMENTARY INQUIRY crat and Republican Members. We have votes as required by the Budget Act or the Mr. FRANK of Massachusetts. Mr. got a chance to implement 23 of those, rules of the House. After disposition of any Speaker, I have a parliamentary in- Mr. Speaker. We should do it right and all such motions, the House shall pro- quiry. now. ceed to an immediate vote on adoption of the The SPEAKER pro tempore. The gen- Mr. Speaker, with that I yield back resolution.’’. tleman will state his parliamentary in- the balance of my time, and I move the BAN ON GIFTS FROM LOBBYISTS quiry. previous question on resolution. Mr. FRANK of Massachusetts. Will The previous question was ordered. SEC. 228. Clause 4 of rule XLIII of the Rules the speaker tell me if it is his ruling The SPEAKER pro tempore. For of the House of Representatives is amended to read as follows: that it is still Wednesday? I just want what purpose does the gentleman from ‘‘4. (a)(1) No Member, officer, or employee to know what day it is. I was told we Michigan [Mr. BONIOR] rise? of the House of Representatives shall accept have to this on the first day. MOTION TO COMMIT OFFERED BY MR. BONIOR a gift, knowing that such gift is provided di- The SPEAKER pro tempore. The Mr. BONIOR. Mr. Speaker, I offer a rectly or indirectly by a paid lobbyist, a lob- Chair advises the gentleman from Mas- motion to commit. bying firm (a person or entity that has 1 or sachusetts that that is not a par- The SPEAKER pro tempore. Is the more employees who are lobbyists on behalf liamentary inquiry. The Chair recog- gentleman opposed to the resolution? of a client other than that person or entity), nized him for a parliamentary inquiry. Mr. BONIOR. In its present form I or an agent of a foreign principal (as defined The Chair recognizes the gentleman in the Foreign Agents Registration Act of am, Mr. Speaker. 1938). from California [Mr. DREIER]. The SPEAKER pro tempore. The ‘‘(2) The prohibition in subparagraph (1) in- Mr. DREIER. Mr. Speaker, I yield Clerk will report the motion to com- cludes the following: myself the balance of the time. mit. ‘‘(A) Anything provided by a lobbyist or a The SPEAKER pro tempore. The gen- The Clerk read as follows: foreign agent which the Member, officer, or tleman from California [Mr. DREIER] Mr. BONIOR moves to commit the resolu- employee has reason to believe is paid for, has 2 minutes remaining. tion H. Res. 6 to a select committee com- charged to, or reimbursed by a client or firm Mr. DREIER. Mr. Speaker, when we posed of the Majority Leader and the Minor- of such lobbyist or foreign agent. began this day debating the rule I said, ity Leader with instructions to report back ‘‘(B) Anything provided by a lobbyist, a as I yielded time to my colleagues, the same to the House forthwith with only lobbying firm, or a foreign agent to an entity that we were considering these meas- the following amendment: that is maintained or controlled by a Mem- ures under the most open procedure At the end of the resolution, add the fol- ber, officer, or employee. lowing: ‘‘(C) A charitable contribution (as defined that has ever been used for a first day in section 170(c) of the Internal Revenue TERM LIMITS FOR SPEAKER of any session of Congress in our Na- Code of 1986) made by a lobbyist, a lobbying tion’s history. SEC. 224. Clause 7(b) of rule I of the Rules firm, or a foreign agent on the basis of a des- Now I have been listening to my col- of the House of Representatives is amended ignation, recommendation, or other speci- leagues on the other side of the aisle by striking out ‘‘four’’ and inserting in lieu fication of a Member, officer, or employee talk over the last several hours about thereof ‘‘three’’. (not including a mass mailing or other solic- this process being closed, preventing EQUITABLE PARTY RATIOS ON COMMITTEES itation directed to a broad category of per- them from the chance to offer amend- SEC. 225. (a) In rule X of the Rules of the sons or entities). ments. I cannot help but think about House of Representatives, clause 6(a) is ‘‘(D) A contribution or other payment by a lobbyist, a lobbying firm, or a foreign agent the task that I was given in January amended by adding at the end thereof the following new subparagraph: to a legal expense fund established for the 1993 along with the gentleman from ‘‘(3) The membership of each committee benefit of a Member, officer, or employee. New York [Mr. SOLOMON] and several (and each subcommittee, task force, or other ‘‘(E) A charitable contribution (as defined others, the gentleman from Indiana subunit thereof) shall reflect the ratio of ma- in section 170(c) of the Internal Revenue [Mr. HAMILTON], former Senator David jority to minority party Members of the Code of 1986) made by a lobbyist, a lobbying Boren, Senator PETE DOMENICI, to put House at the beginning of the Congress (un- firm, or a foreign agent in lieu of an hono- together the first bipartisan bicameral less otherwise provided by House Rules). For rarium to a Member, officer, or employee. effort in nearly half a century to re- the purposes of this clause, the Resident ‘‘(F) A financial contribution or expendi- form this institution, and I was very Commissioner from Puerto Rico and the Del- ture made by a lobbyist, a lobbying firm, or a foreign agent relating to a conference, re- optimistic 2 years ago today believing egates to the House shall not be counted in determining the party ratio of the House.’’. treat, or similar event, sponsored by or af- that the leadership in this House would (b) In rule X of the Rules of the House of filiated with an official congressional organi- in fact bring the measures that we Representatives, clause 6(f) is amended by zation, for or on behalf of Members, officers, have been passing by overwhelming inserting after the first sentence the follow- or employees. margins with bipartisan support over ing: ‘‘The membership of each such select ‘‘(3) The following are not gifts subject to the past several hours to the floor. committee (and of any subcommittee, task the prohibition in subparagraph (1): Time and time again they made those force or subunit thereof), and of each such ‘‘(A) Anything for which the recipient pays commitments to me. They said we conference committee, shall reflect the ratio the market value, or does not use and promptly returns to the donor. would do it, and what happened? Abso- of the majority to minority party Members of the House at the time of its appoint- ‘‘(B) A contribution, as defined in the Fed- lutely nothing. ment.’’. eral Election Campaign Act of 1971 (2 U.S.C. I look at my good friend, the gen- MAJORITY-MINORITY COMMITTEE STAFF 431 et seq.) that is lawfully made under that tleman from Indian [Mr. HAMILTON], RATIOS Act, or attendance at a fundraising event there with whom I served, and he sponsored by a political organization de- SEC. 226. (a) Notwithstanding any other scribed in section 527(e) of the Internal Reve- knows very well that, as he went to provisions of law, not less than one-third of nue Code of 1986. members of his leadership, unfortu- (the staff funding made available to each ‘‘(C) Food or refreshments of nominal nately his effort to bring about a bipar- standing, select, special, ad hoc, or other value offered other than as part of a meal. committee of the House of Representatives tisan package of reform was denied by ‘‘(D) Benefits resulting from the business, shall be allocated to the minority party. them, and I believe there are many employment, or other outside activities of (b) Subsection (a) shall not apply to the other Democrat Members who wanted the spouse of a Member, officer, or employee, Committee on Standards of Official Conduct. to have it done, but unfortunately the if such benefits are customarily provided to leadership did not allow it. BUDGET WAIVER LIMITATION others in similar circumstances. And what has happened here tonight? SEC. 227. Clause 4(e) of rule XI of the Rules ‘‘(E) Pension and other benefits resulting We have listened to people talk about of the House of Representatives is amended— from continued participation in an employee how this process is closed, preventing (1) by striking out ‘‘(e)’’ and inserting in welfare and benefits plan maintained by a lieu thereof ‘‘(e)(1)’’, and former employer. Members from having the opportunity (2) by adding at the end the following: ‘‘(F) Informational materials that are sent to amend it. Well, as the gentleman ‘‘(2) It shall be in order after the previous to the office of a Member, officer, or em- from New York [Mr. SOLOMON] just re- question has been ordered on any such reso- ployee in the form of books, articles, periodi- minded me, throughout the hours and lution, to offer motions proposing to strike cals, other written materials, audio tapes, January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 87 videotapes, or other forms of communica- or family relationship. The Committee on ‘‘(19) A gift of personal hospitality of an in- tion. Standards of Official Conduct shall provide dividual, as defined in section 109(14) of the ‘‘(4)(A) A gift given by an individual under guidance on the applicability of this clause Ethics in Government Act. circumstances which make it clear the gift and examples of circumstances under which ‘‘(20) Free attendance at a widely attended is given for a nonbusiness purpose and is mo- a gift may be accepted under this exception. event permitted pursuant to paragraph (e). tivated by a family relationship or close per- ‘‘(4) A contribution or other payment to a ‘‘(21) Opportunities and benefits which sonal friendship and not the position of the legal expense fund established for the benefit are— Member, officer, or employee shall not be of a Member, officer, or employee, that is ‘‘(A) available to the public or to a class subject to the prohibition in subparagraph otherwise lawfully made, if the person mak- consisting of all Federal employees, whether (1). ing the contribution or payment is identified or not restricted on the basis of geographic ‘‘(B) A gift shall not be considered to be for the Committee on Standards of Official consideration; given for a nonbusiness purpose if the Mem- Conduct. ‘‘(B) offered to members of a group or class ber, officer, or employee has reason to be- ‘‘(5) Any food or refreshments which the in which membership is unrelated to con- lieve the individual giving the gift will recipient reasonably believes to have a value gressional employment; seek— of less than $20. ‘‘(C) offered to members of an organization, ‘‘(i) to deduct the value of such gift as a ‘‘(6) Any gift from another Member, officer, such as an employees’ association or con- business expense on the individual’s Federal or employee of the Senate or the House of gressional credit union, in which member- income tax return, or Representatives. ship is related to congressional employment ‘‘(ii) direct or indirect reimbursement or ‘‘(7) Food, refreshments, lodging, and other and similar opportunities are available to any other compensation for the value of the benefits— large segments of the public through organi- gift from a client or employer of such lobby- ‘‘(A) resulting from the outside business or zations of similar size; ist or foreign agent. employment activities (or other outside ac- ‘‘(D) offered to any group or class that is ‘‘(C) In determining if the giving of a gift tivities that are not connected to the duties not defined in a manner that specifically dis- is motivated by a family relationship or of the Member, officer, or employee as an of- criminates among Government employees on close personal friendship, at least the follow- ficeholder) of the Member, officer, or em- the basis of branch of Government or type of ing factors shall be considered: ployee, or the spouse of the Member, officer, responsibility, or on a basis that favors those ‘‘(i) The history of the relationship be- or employee, if such benefits have not been of higher rank or rate of pay; tween the individual giving the gift and the offered or enhanced because of the official ‘‘(E) in the form of loans from banks and recipient of the gift, including whether or position of the Member, officer, or employee other financial institutions on terms gen- not gifts have previously been exchanged by and are customarily provided to others in erally available to the public; or such individuals. similar circumstances; ‘‘(F) in the form of reduced membership or ‘‘(ii) Whether the Member, officer, or em- ‘‘(B) customarily provided by a prospective other fees for participation in organization ployee has reason to believe the gift was pur- employer in connection with bona fide em- activities offered to all Government employ- chased by the individual who gave the item. ployment discussions; or ees by professional organizations if the only ‘‘(iii) Whether the Member, officer, or em- ‘‘(C) provided by a political organization restrictions on membership relate to profes- ployee has reason to believe the individual described in section 527(e) of the Internal sional qualifications. who gave the gift also at the same time gave Revenue Code of 1986 in connection with a ‘‘(22) A plaque, trophy, or other momento the same or similar gifts to other Members, fund-raising or campaign event sponsored by of modest value. officers, or employees. such an organization. ‘‘(23) Anything for which, in exceptional ‘‘(b) In addition to the restriction on re- ‘‘(8) Pension and other benefits resulting circumstances, a waiver is granted by the ceiving gifts from paid lobbyists, lobbying from continued participation in an employee Committee on Standards of Official Conduct. firms, and agents of foreign principals pro- welfare and benefits plan maintained by a ‘‘(e)(1) Except as prohibited by paragraph vided by paragraph (a) and except as pro- former employer. (a), a Member, officer, or employee may ac- vided in this Rule, no Member, officer, or ‘‘(9) Informational materials that are sent cept an offer of free attendance at a widely employee of the House of Representatives to the office of the Member, officer, or em- attended convention, conference, sympo- shall knowingly accept a gift from any other ployee in the form of books, articles, periodi- sium, forum, panel discussion, dinner, view- person. cals, other written materials, audio tapes, ing, reception, or similar event, provided by ‘‘(c)(1) For the purpose of this clause, the videotapes, or other forms of communica- the sponsor of the event, if— term ‘gift’ means any gratuity, favor, dis- tion. ‘‘(A) the Member, officer, or employee par- count, entertainment, hospitality, loan, for- ‘‘(10) Awards or prizes which are given to ticipates in the event as a speaker or a panel bearance, or other item having monetary competitors in contests or events open to the participant, by presenting information relat- value. The term includes gifts of services, public, including random drawings. ed to Congress or matters before Congress, or training, transportation, lodging, and meals, ‘‘(11) Honorary degrees (and associated by performing a ceremonial function appro- whether provided in kind, by purchase of a travel, food, refreshments, and entertain- priate to the Member’s, officer’s, or employ- ticket, payment in advance, or reimburse- ment) and other bona fide, nonmonetary ee’s official position; or ment after the expense has been incurred. awards presented in recognition of public ‘‘(B) attendance at the event is appropriate ‘‘(2) A gift to the spouse or dependent of a service (and associated food, refreshments, to the performance of the official duties or Member, officer, or employee (or a gift to and entertainment provided in the presen- representative function of the Member, offi- any other individual based on that individ- tation of such degrees and awards). cer, or employee. ual’s relationship with the Member, officer, ‘‘(12) Donations of products from the State ‘‘(2) A Member, officer, or employee who or employee) shall be considered a gift to the that the Member represents that are in- attends an event described in subparagraph Member, officer, or employee if it is given tended primarily for promotional purposes, (1) may accept a sponsor’s unsolicited offer with the knowledge and acquiescence of the such as display or free distribution, and are of free attendance at the event for an accom- Member, officer, or employee and the Mem- of minimal value to any individual recipient. panying individual if others in attendance ber, officer, or employee has reason to be- ‘‘(13) Food, refreshments, and entertain- will generally be similarly accompanied or if lieve the gift was given because of the offi- ment provided to a Member or an employee such attendance is appropriate to assist in cial position of the Member, officer, or em- of a Member in the Member’s home State, the representation of the House of Rep- ployee. subject to reasonable limitations, to be es- resentatives. ‘‘(d) The restrictions in paragraph (b) shall tablished by the Committee on Standards of ‘‘(3) Except as prohibited by paragraph (a), not apply to the following: Official Conduct. a Member, officer, or employee, or the ‘‘(1) Anything for which the Member, offi- ‘‘(14) An item of little intrinsic value such spouse or dependent thereof, may accept a cer, or employee pays the market value, or as a greeting card, baseball cap, or a T shirt. sponsor’s unsolicited offer of free attendance does not use and promptly returns to the ‘‘(15) Training (including food and refresh- at a charity event, except that reimburse- donor. ments furnished to all attendees as an inte- ment for transportation and lodging may not ‘‘(2) A contribution, as defined in the Fed- gral part of the training) provided to a Mem- be accepted in connection with the event. eral Election Campaign Act of 1971 (2 U.S.C. ber, officer, or employee, if such training is ‘‘(4) For purposes of this paragraph, the 431 et seq.) that is lawfully made under that in the interest of the House of Representa- term ‘free attendance’ may include waiver of Act, or attendance at a fundraising event tives. all or part of a conference or other fee, the sponsored by a political organization de- ‘‘(16) Bequests, inheritances, and other provision of local transportation, or the pro- scribed in section 527(e) of the Internal Reve- transfers at death. vision of food, refreshments, entertainment, nue Code of 1986. ‘‘(17) Any item, the receipt of which is au- and instructional materials furnished to all ‘‘(3) Anything provided by an individual on thorized by the Foreign Gifts and Decora- attendees as an integral part of the event. the basis of a personal or family relationship tions Act, the Mutual Educational and Cul- The term does not include entertainment unless the Member, officer, or employee has tural Exchange Act, or any other statute. collateral to the event, or food or refresh- reason to believe that, under the cir- ‘‘(18) Anything which is paid for by the ments taken other than in a group setting cumstances, the gift was provided because of Federal Government, by a State or local gov- with all or substantially all other attendees. the official position of the Member, officer, ernment, or secured by the Government ‘‘(f) No Member, officer, or employee may or employee and not because of the personal under a Government contract. accept a gift the value of which exceeds $250 H 88 CONGRESSIONAL RECORD — HOUSE January 4, 1995 on the basis of the personal relationship ex- travel was in connection with the duties of ‘‘RULE LIII ception in paragraph (d)(3) or the close per- the Member or officer as an officeholder and sonal friendship exception in section 106(d) of would not create the appearance that the ‘‘DIRECTOR OF NON-LEGISLATIVE AND the Lobbying Disclosure Act of 1995 unless Member or officer is using public office for FINANCIAL SERVICES the Committee on Standards of Official Con- private gain. ‘‘1. The Director of Non-legislative and Fi- duct issues a written determination that one ‘‘(4) For the purpose of this paragraph, the nancial Services shall be appointed for a of such exceptions applies. term ‘necessary transportation, lodging, and Congress by the Speaker, the majority lead- ‘‘(g)(1) The Committee on Standards of Of- related expenses’— er, and the minority leader, acting jointly. ficial Conduct is authorized to adjust the ‘‘(A) includes reasonable expenses that are The Director may be removed by the House dollar amount referred to in paragraph (d)(5) necessary for travel— or by the Speaker. The Director shall be paid on a periodic basis, to the extent necessary ‘‘(i) for a period not exceeding 4 days in- at the same rate of basic pay as the elected to adjust for inflation. cluding travel time within the United States officers of the House. ‘‘(2) The Committee on Standards of Offi- or 7 days in addition to travel time outside ‘‘2. The Director of Non-legislative and Fi- cial Conduct shall provide guidance setting the United States; and forth reasonable steps that may be taken by ‘‘(ii) within 24 hours before or after partici- nancial Services shall have extensive mana- Members, officers, and employees, with a pation in an event in the United States or gerial and financial experience. minimum of paperwork and time, to prevent within 48 hours before or after participation ‘‘3. Subject to the policy direction and the acceptance of prohibited gifts from lob- in an event outside the United States, oversight of the Committee on House Over- byists. unless approved in advance by the Commit- sight, the Director shall have operational ‘‘(3) When it is not practicable to return a tee on Standards of Official Conduct; and financial responsibility for functions as- tangible item because it is perishable, the ‘‘(B) is limited to reasonable expenditures signed by resolution of the House. item may, at the discretion of the recipient, for transportation, lodging, conference fees ‘‘4. Subject to the policy direction and be given to an appropriate charity or de- and materials, and food and refreshments, oversight of the Committee on House Over- stroyed. including reimbursement for necessary sight, the Director shall develop employ- ‘‘(h)(1)(A) Except as prohibited by para- transportation, whether or not such trans- ment standards that provide that all employ- graph (a), a reimbursement (including pay- portation occurs within the periods described ment decisions for functions under the Direc- ment in kind) to a Member, officer, or em- in clause (A); tor’s supervision be made in accordance with ployee for necessary transportation, lodging ‘‘(C) does not include expenditures for rec- the non-discrimination provisions of clause 9 and related expenses for travel to a meeting, reational activities or entertainment other of rule XLIII and of rule LI, without regard speaking engagement, factfinding trip or than that provided to all attendees as an in- to political affiliation, and solely on the similar event in connection with the duties tegral part of the event; and of the Member, officer, or employee as an of- basis of fitness to perform the duties in- ‘‘(D) may include travel expenses incurred volved. No adverse personnel action may be ficeholder shall be deemed to be a reimburse- on behalf of either the spouse or a child of taken by the Director without cause.’’. ment to the House of Representatives and the Member, officer, or employee, subject to not a gift prohibited by this paragraph, if the a determination signed by the Member or of- TRANSFER OF FUNCTIONS TO THE DIRECTOR OF Member, officer, or employee— ficer (or in the case of an employee, the NON-LEGISLATIVE AND FINANCIAL SERVICES. ‘‘(i) in the case of an employee, receives Member or officer under whose direct super- SEC. 231. As soon as practicable, but not advance authorization, from the Member or vision the officer or employee works) that officer under whose direct supervision the the attendance of the spouse or child is ap- later than the ninetieth day beginning after employee works, to accept reimbursement, propriate to assist in the representation of the date of adoption of this resolution, the and the House of Representatives. functions and entities specified in subsection ‘‘(ii) discloses the expenses reimbursed or ‘‘(5) The Clerk of the House of Representa- (d) shall be transferred to the Director of to be reimbursed and the authorization to tives shall make available to the public all Non-legislative and Financial Services. the Clerk of the House of Representatives advance authorizations and disclosures of re- (b) The Committee on House Oversight within 30 days after the travel is completed. imbursement filed pursuant to subparagraph shall have authority to prescribe regulations ‘‘(B) For purposes of clause (A), events, the (1) as soon as possible after they are re- providing for— activities of which are substantially rec- ceived.’’. (1) the orderly transfer of the functions reational in nature, shall not be considered LIMITATION ON ROYALTY INCOME and entities specified in subsection (d); and to be in connection with the duties of a (2) such additional transfers of functions Member, officer, or employee as an office- SEC. 229. (a) Clause 3 of rule XLVII of the holder. Rules of the House of Representatives is and entities specified in subsection (d) with ‘‘(2) Each advance authorization to accept amended by adding at the end the following respect to the Clerk, the Sergeant-at-Arms, reimbursement shall be signed by the Mem- new paragraph: and the Director as may be necessary for the ber or officer under whose direct supervision ‘‘(g) In calendar year 1995 or thereafter, a improvement of non-legislative and financial the employee works and shall include— Member, officer, or employee of the House services in the House. ‘‘(A) the name of the employee; may not— (c) Except as provided in subsection (d), ‘‘(B) the name of the person who will make ‘‘(1) receive any copyright royalties for any functions and entities within the jurisdiction the reimbursement; work— of the Committee on House Oversight under ‘‘(C) the time, place, and purpose of the ‘‘(A) unless the royalty is received from an rule X may not be transferred to the Direc- established publisher pursuant to usual and travel; and tor. customary contractual terms; ‘‘(D) a determination that the travel is in (d) The functions and entities referred to ‘‘(B) unless the total amount of such royal- connection with the duties of the employee in subsection (a) are: Office of Employee As- as an officeholder and would not create the ties for that work does not exceed one-third of that individual’s annual pay as a Member, sistance, Finance Office, pay and mileage of appearance that the employee is using public Members, House Information Systems, Office office for private gain. officer, or employee for the year in which the Furnishings, Office Supply Service, Office ‘‘(3) Each disclosure made under subpara- contract is entered into; and Systems Management, Placement Office, graph (1)(A) of expenses reimbursed or to be ‘‘(C) without the prior notification and ap- reimbursed shall be signed by the Member or proval of the contract for that work by the Special Services Office, Telecommuni- officer (in the case of travel by the Member Committee on Standards of Official Conduct; cations, Telephone Exchange, Typewriter or officer) or by the Member or officer under or Repair, Barber Shop, Beauty Shop, House whose direct supervision the employee works ‘‘(2) receive any advance payment for any Restaurant System, Office of Photography, (in the case of travel by an employee) and such work.’’. Inside Mail and Internal Mail Operations (in- shall include— (b) Clause 3(e)(5) of rule XLVII of the Rules cluding coordination with postal substations ‘‘(A) a good faith estimate of total trans- of the House of Representatives is amended to be operated by the United States Postal portation expenses reimbursed or to be reim- to read as follows: Service), Guide Service, and Child Care Cen- bursed; ‘‘(5) copyright royalties.’’. ter, and the non-legislative functions of the (c) The amendments made by this section ‘‘(B) a good faith estimate of total lodging Printing Services, Recording Studio, and shall apply only to copyright royalties re- expenses reimbursed or to be reimbursed; Records and Registration. ‘‘(C) a good faith estimate of total meal ex- ceived by any Member, officer, or employee penses reimbursed or to be reimbursed; of the House after the adoption of this reso- OPEN RULE FOR CONSIDERATION OF ‘‘(D) a good faith estimate of the total of lution, pursuant to any contract entered CONGRESSIONAL ACCOUNTABILITY ACT other expenses reimbursed or to be reim- into while that individual is such a Member, officer, or employee. SEC. 232. (a) Section 108 of this resolution bursed; shall have no force or effect. AMENDMENT TO THE RULES TO CREATE THE ‘‘(E) a determination that all such ex- (b) At any time after the adoption of this POSITION OF DIRECTOR OF NON-LEGISLATIVE penses are necessary transportation, lodging, resolution the Speaker may, pursuant to AND FINANCIAL SERVICES and related expenses as defined in this para- clause 1(b) of Rule XXIII declare the House graph; and SEC. 230. The Rules of the House of Rep- resolved into the Committee of the Whole ‘‘(F) in the case of a reimbursement to a resentatives are amended by adding at the Member or officer, a determination that the end the following new rule: January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 89 House on the State of the Union for consider- The moral imperative that each of us feels Rose Stenholm Tucker ation of the bill (H.R. 1) to apply certain Roybal-Allard Stokes Velazquez to ensure that all Americans are represented Rush Studds Vento laws to the Congress. The first reading of the in this House will not be changed. The iron- bill shall be dispensed with. General debate Sabo Stupak Visclosky Sanders Tanner Volkmer shall be confined to the bill and shall not ex- clad commitment we have made to effectively providing that representation will not waiver. Sawyer Tauzin Ward ceed one hour equally divided and controlled Schroeder Taylor (MS) Waters by the Majority and Minority Leaders. After And despite this effort to diminish the voices Schumer Tejeda Watt (NC) general debate the bill shall be considered of African American, Hispanic American, Asian Scott Thompson Waxman for amendment under the five-minute rule. Pacific American and women Representatives Serrano Thornton Williams The bill shall be considered as read. At the in the Congress, our work will continue. Sisisky Thurman Wilson conclusion of consideration of the bill for Skaggs Torres Wise The SPEAKER pro tempore. Pursu- Skelton Torricelli Woolsey amendment the Committee shall rise and re- ant to House Resolution 5, the previous Slaughter Towns Wyden port the bill to the House with such amend- Spratt Traficant Wynn ments as may have been adopted. Any Mem- question is ordered on the motion to ber may demand a separate vote in the commit. NOES—227 House on any amendment adopted in the There was no objection. Allard Frisa Myers Committee of the Whole to the bill. The pre- The SPEAKER pro tempore. The Archer Funderburk Myrick vious question shall be considered as ordered question is on the motion to commit. Armey Gallegly Nethercutt on the bill and amendments thereto to final The question was taken; and the Bachus Ganske Neumann passage without intervening motion except Speaker pro tempore announced that Baker (CA) Gekas Ney one motion to commit with or without in- Baker (LA) Gilchrest Norwood structions. the noes appeared to have it. Ballenger Gillmor Nussle RECORDED VOTE Barr Gilman Oxley Mr. DREIER (during the reading). Barrett (NE) Goodlatte Packard Mr. Speaker, I ask unanimous consent Mr. FRANK of Massachusetts. Mr. Bartlett Goodling Paxon that the motion to commit be consid- Speaker, I demand a recorded vote. Barton Goss Petri ered as read and printed in the RECORD. A recorded vote was ordered. Bass Graham Pombo Bateman Greenwood Porter The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- Bereuter Gunderson Portman objection to the request of the gen- ant to the provisions of clause 5 of rule Bilbray Gutknecht Pryce tleman from California? XV, the Chair announces that he will Bilirakis Hancock Quillen reduce to a minimum of 5 minutes the Bliley Hansen Quinn Mr. ACKERMAN. Mr. Speaker, I ob- Blute Hastert Radanovich ject. period of time within which a vote by Boehlert Hastings (WA) Ramstad The SPEAKER pro tempore. Objec- electronic device, if ordered, will be Boehner Hayworth Regula tion is heard. taken on the question of passage. Bonilla Hefley Riggs Bono Heineman Roberts The Clerk continued the reading of The vote was taken by electronic de- Brownback Herger Rogers the motion to commit. vice, and there were—ayes 201, noes 227, Bryant (TN) Hilleary Rohrabacher Mr. BONIOR (during the reading). not voting 5, as follows: Bunn Hobson Ros-Lehtinen Bunning Hoekstra Roth Mr. Speaker, I ask unanimous consent [Roll No. 14] Burr Hoke Roukema that my motion to commit be consid- AYES—201 Burton Horn Royce Buyer Hostettler Salmon ered as read and printed in the RECORD. Abercrombie Evans Lofgren Callahan Houghton Sanford The SPEAKER pro tempore. Is there Ackerman Farr Lowey Calvert Hunter Saxton Andrews Fattah Luther objection to the request of the gen- Camp Hutchinson Scarborough Baesler Fazio Maloney tleman from Michigan? Canady Hyde Schaefer Baldacci Fields (LA) Manton Castle Inglis Schiff There was no objection. Barcia Filner Markey Chabot Istook Seastrand Barrett (WI) Flake Martinez Mr. MINETA. Mr. Speaker, the new majority Chambliss Johnson (CT) Sensenbrenner Becerra Foglietta Mascara in the House of Representatives have put for- Chenoweth Johnson, Sam Shadegg Beilenson Ford Matsui Christensen Jones Shaw ward a number of suggestions for reform here Bentsen Frank (MA) McCarthy Chrysler Kasich Shays in the Congress. Berman Frost McDermott Clinger Kelly Shuster Bevill Furse McHale Some of these proposals have merit, some Coble Kim Skeen Bishop Gejdenson McKinney do not. Coburn King Smith (MI) Bonior Gephardt McNulty Collins (GA) Kingston Smith (NJ) But I believe that one of the most damaging, Borski Geren Meehan Combest Klug Smith (TX) Boucher Gibbons Meek and fiscally questionable, is the proposal to Cooley Knollenberg Smith (WA) Brewster Gonzalez Menendez eliminate Legislative Service Organizations Cox Kolbe Solomon Browder Gordon Mfume Crane LaHood Souder here in the House. Brown (CA) Green Miller (CA) Crapo Largent Spence Some Members on the other side of the Brown (OH) Gutierrez Mineta Cremeans Latham Stearns Bryant (TX) Hall (OH) Minge aisle have suggested that elimination of LSO's Cubin LaTourette Stockman Cardin Hall (TX) Mink will save money. Nothing could be further from Davis Lazio Stump Chapman Hamilton Moakley DeLay Leach Talent the truth. Clay Harman Mollohan Diaz-Balart Lewis (CA) Tate Clayton Hastings (FL) Montgomery LSO's have given Members of this body, Dickey Lewis (KY) Taylor (NC) Clement Hayes Moran both Republicans and Democrats, the ability to Doolittle Lightfoot Thomas Clyburn Hefner Murtha Dornan Linder Thornberry combine their resources to more efficiently Coleman Hilliard Nadler Dreier Livingston Tiahrt pursue policies they would have pursued any- Collins (IL) Hinchey Neal Duncan LoBiondo Torkildsen Collins (MI) Holden Oberstar way. Dunn Longley Upton Condit Hoyer Obey Eliminating LSO's will not mean that Mem- Ehlers Lucas Vucanovich Conyers Jackson-Lee Olver Ehrlich Manzullo Waldholtz bers of these caucuses will stop working on Costello Jacobs Ortiz Emerson Martini Walker Coyne Jefferson Orton these issues. Far from it. English McCollum Walsh Cramer Johnson (SD) Owens As an associate member of both the Con- Ensign McCrery Wamp Danner Johnson, E. B. Pallone Everett McDade Weldon (FL) gressional Black and Hispanic Caucuses, I de la Garza Johnston Parker Ewing McHugh Weldon (PA) can assure my colleagues that the work of Deal Kanjorski Pastor Fawell McInnis Weller DeFazio Kaptur Payne (NJ) these caucuses will not stop. Fields (TX) McIntosh White DeLauro Kennedy (MA) Payne (VA) As chairman of the Congressional Asian Pa- Flanagan McKeon Whitfield Dellums Kennedy (RI) Pelosi Foley Metcalf Wicker cific American Caucus, which had hoped to or- Deutsch Kennelly Peterson (FL) Forbes Meyers Wolf Dicks Kildee Peterson (MN) ganize as an LSO and will now be prevented Fowler Mica Young (AK) Dingell Kleczka Pickett from doing so, I can assure my colleagues Fox Miller (FL) Young (FL) Dixon Klink Pomeroy Franks (CT) Molinari Zeliff that our work will continue as well. Doggett LaFalce Poshard Franks (NJ) Moorhead Zimmer If that work requires that each caucus mem- Dooley Lambert-Lincoln Rahall Frelinghuysen Morella ber duplicate within his or her individual office Doyle Lantos Reed the work that could be done more efficiently Durbin Laughlin Reynolds Edwards Levin Richardson NOT VOTING—5 and at a lower cost by one person working for Engel Lewis (GA) Rivers Brown (FL) Rangel Yates an LSO, then so be it. Eshoo Lipinski Roemer Cunningham Stark H 90 CONGRESSIONAL RECORD — HOUSE January 4, 1995 b 0023 (3) EMPLOYEE IN THE SENATE.—The term tive on the earlier of the effective date of ap- ‘‘individual on the payroll of an employing plicable regulations of the Office of Compli- Mr. FAWELL changed his vote from office in the Senate’’ means— ance under section 5 or 2 years after the date ‘‘yea’’ to ‘‘nay.’’ (A) any employee whose pay is disbursed of the enactment of this Act. Messrs. BROWN of California, SAW- by the Secretary of the Senate; (7) Chapter 71 (relating to Federal labor YER, and TOWNS changed their vote (B) any applicant for a position that is to management relations) of title 5, United from ‘‘nay’’ to ‘‘yea.’’ be occupied by an individual described in States Code, effective on the earlier of the So the motion to commit was re- subparagraph (A)); or effective date of applicable regulations of the jected. (C) any individual who was formerly an Office of Compliance under section 5 or 2 employee described in subparagraph (A) and years after the date of the enactment of this The result of the vote was announced whose claim of a violation arises out of the as above recorded. Act. individual’s employment. (8) The Employee Polygraph Protection The SPEAKER pro tempore (Mr. (4) EMPLOYEE OF THE ARCHITECT OF THE CAP- Act of 1988 (29 U.S.C. 2001 et seq.), effective THOMAS). The question is on Title II of ITOL.—The term ‘‘individual on the payroll of on the earlier of the effective date of applica- the resolution. an employing office of the Architect of the ble regulations of the Office of Compliance Title II of the resolution was agreed Capitol’’ means— under section 5 or 1 year after the date of the to. (A) an employee of the Architect of the enactment of this Act, except that this Act Capitol or an individual within the adminis- shall not apply to the United States Capitol A motion to reconsider was laid on trative jurisdiction of the Architect of the Police. the table. Capitol if such employee or individual is paid (9) The Worker Adjustment and Retraining from funds under a law providing appropria- f Notification Act (29 U.S.C. 2101 et seq.), ef- tions for the legislative branch; fective on the earlier of the effective date of GENERAL LEAVE (B) any applicant for a position that is to be occupied by an employee or individual de- applicable regulations of the Office of Com- Mr. SOLOMON. Mr. Speaker, I ask scribed in subparagraph (A); or pliance under section 5 or 1 year after the unanimous consent that all Members (C) any individual who was formerly an date of the enactment of this Act. may have 5 legislative days within employee or individual described in subpara- (10) The Rehabilitation Act of 1973 (29 which to revise and extend their re- graph (A) and whose claim of a violation U.S.C. 791), effective on the earlier of the ef- marks, and to include extraneous ma- arises out of the individual’s employment. fective date of applicable regulations of the terial, on the resolution just adopted. (5) EMPLOYEE OF AN INSTRUMENTALITY.— Office of Compliance under section 5 or 1 The term ‘‘individual on the payroll of an year after the date of the enactment of this The SPEAKER pro tempore. Is there Act. objection to the request of the gen- employing office of an instrumentality’’ means— The laws referred to in this subsection which tleman from New York? (A) any individual on the payroll of an in- apply now to congressional employees shall There was no objection. strumentality of the legislative branch of continue to apply to such employees until f the Federal Government; the effective date such laws are made appli- (B) any applicant for a position that is to cable in accordance with this subsection. CONGRESSIONAL ACCOUNTABILITY be occupied by an individual described in (b) LAWS WHICH MAY BE MADE APPLICA- ACT OF 1995 subparagraph (A); or BLE.—Any provision of Federal law shall, to (C) any individual who was formerly an Mr. SHAYS. Mr. Speaker, as the des- the extent that it relates to the terms and employee described in subparagraph (A) and conditions of employment (including hiring, ignee of the majority leader and pursu- whose claim of a violation arises out of the promotion or demotion, salary and wages, ant to section 108 of House Resolution individual’s instrumentality employment. overtime compensation, benefits, work as- 6, I call up the bill (H.R. 1) to make (6) HEAD OF AN EMPLOYING OFFICE.—The signments or reassignments, termination, certain laws applicable to the legisla- term ‘‘head of an employing office’’ means protection from discrimination in personnel tive branch of the Federal Government, the individual who has final authority to ap- actions, health and safety of employees, and point, hire, discharge, and set the terms, and ask for its immediate consider- family and medical leave) of employees conditions, or privileges of the Congressional apply to the legislative branch of the Federal ation. employment of an employee. The Clerk read the title of the bill. Government in accordance with this Act. SEC. 3. APPLICATION OF LAWS. (c) COMPLIANCE WITH OSHA.—The legisla- The text of H.R. 1 is as follows: (a) LAWS WHICH WILL APPLY.—The follow- tive branch of the Federal Government shall H.R. 1 ing laws shall apply, as prescribed by this comply with the Occupational Safety and Be it enacted by the Senate and House of Rep- subsection, to the legislative branch of the Health Act of 1970 as follows: If a citation of resentatives of the United States of America in Federal Government: a violation of such Act is received, action to Congress assembled, (1) The Fair Labor Standards Act of 1938 (29 abate the violation shall take place as soon U.S.C. 201 et seq.), effective on the earlier of as possible, but no later than the fiscal year SECTION 1. SHORT TITLE. the effective date of applicable regulations of This Act may be cited as the ‘‘Congres- following the fiscal year in which the cita- the Office of Compliance under section 5 or 1 tion is issued. sional Accountability Act of 1995’’. year after the date of the enactment of this SEC. 2. DEFINITIONS. Act. SEC. 4. OFFICE OF COMPLIANCE. As used in this Act: (2) Title VII of the Civil Rights Act of 1964 (a) ESTABLISHMENT.—There is established (1) CONGRESSIONAL EMPLOYEE.—The term (42 U.S.C. 2000e et seq.), effective on the ear- in the legislative branch an Office of Compli- ‘‘congressional employee’’ means— lier of the effective date of applicable regula- ance (hereinafter in this Act referred to as (A) an individual on the payroll of an em- tions of the Office of Compliance under sec- the ‘‘Office’’). ploying office of the House of Representa- tion 5 or 1 year after the date of the enact- (b) COMPOSITION.— tives; ment of this Act. (1) BOARD OF DIRECTORS.—The Office shall (B) an individual on the payroll of an em- (3) The Americans With Disabilities Act of have a Board of Directors. The Board of Di- ploying office of the Senate; 1990 (42 U.S.C. 12101 et seq.), effective on the rectors shall consist of 8 individuals ap- (C) an individual on the payroll of an em- earlier of the effective date of applicable reg- pointed jointly by the Speaker of the House ploying office of the Architect of the Capitol; ulations of the Office of Compliance under of Representatives, the Majority Leader of and section 5 or 1 year after the date of the en- the Senate, and the Minority Leaders of the (D) an individual on the payroll of an em- actment of this Act. House of Representatives and the Senate. ploying office of an instrumentality. (4) The Age Discrimination in Employment Appointments of the first 8 members of the (2) EMPLOYEE IN THE HOUSE OF REPRESENTA- Act of 1967 (29 U.S.C. 621 et seq.) (including Board of Directors shall be completed not TIVES.—The term ‘‘individual on the payroll remedies available to private employees), ef- later than 120 days after the date of the en- of an employing office in the House of Rep- fective on the earlier of the effective date of actment of this Act. resentatives’’ means— applicable regulations of the Office of Com- (2) EXECUTIVE DIRECTOR.— (A) an individual who is covered under rule pliance under section 5 or 1 year after the (A) IN GENERAL.—The Chairperson of the LI of the House of Representatives, as in ef- date of the enactment of this Act. Board of Directors shall appoint, may estab- fect on the day before the date of enactment (5) Titles I and V of the Family and Medi- lish the compensation of, and may termi- of this Act; cal Leave Act of 1993 (29 U.S.C. 2611 et seq.), nate, subject to the approval of the Board of (B) any applicant for a position that is to effective on the earlier of the effective date Directors, an Executive Director (referred to be occupied by an individual described in of applicable regulations of the Office of in this Act as the ‘‘executive director’’). The subparagraph (A); or Compliance under section 5 or 1 year after compensation of the executive director may (C) any individual who was formerly an the date of the enactment of this Act. not exceed the compensation for level V of employee described in subparagraph (A) and (6) The Occupational Safety and Health the Executive Schedule under section 5316 of whose claim of a violation arises out of the Act of 1970 (other than section 19) (29 U.S.C. title 5, United States Code. The executive di- individual’s employment. 651 et seq.) (subject to subsection (c)), effec- rector shall be an individual with training or January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 91

expertise in the application of the laws re- (2) TRAVEL EXPENSES.—Each member of the (B) CONGRESSIONAL NOTICE.— In addition to ferred to in section 3 to employment. The ap- Board of Directors shall receive travel ex- publishing a general notice of proposed rule- pointment of the first executive director penses, including per diem in lieu of subsist- making under section 553(b) of title 5, United shall be completed no later than 120 days ence, at rates authorized for employees of States Code, the Board of Directors shall after the initial appointment of the Board of agencies under subchapter I of chapter 57 of concurrently submit such notice for publica- Directors. title 5, United States Code, for each day the tion in the Congressional Record. (B) OFFICE.—The executive director may member is engaged in the performance of du- (C) AMENDMENTS AND REPEALS.—When pro- not be an individual who holds or may have ties away from the home or regular place of posing regulations under subparagraph (A) to held the position of Member of the House of business of the member. implement the requirements of a law re- Representatives or Senator. The executive (g) OFFICE STAFF.—The executive director ferred to in section 3(a), the Board of Direc- director may not be an individual who holds may appoint and fix the compensation of tors shall recommend to the Congress the position of employee of the House of Rep- such staff, including hearing officers, as are changes in or repeals of existing law to ac- resentatives or the Senate but the executive necessary to carry out this Act. commodate the application of such law to director may be an individual who held such (h) DETAILEES.—The executive director the legislative branch of the Federal Govern- a position at least 4 years before appoint- may, with the prior consent of the Govern- ment. ment as executive director. The term of of- ment department or agency concerned, use (D) FINAL REGULATIONS.—The Board of Di- fice of the executive director shall be a sin- the services of any such department or agen- rectors shall, in accordance with such sec- gle term of 5 years. cy, including the services of members or per- tion 553, issue final regulations not later (c) BOARD OF DIRECTORS QUALIFICATIONS.— sonnel of the General Accounting Office Per- than 60 days after the end of the comment (1) SPECIFIC QUALIFICATIONS.— sonnel Appeals Board. period on the proposed regulations. (A) LOBBYING.—No individual who engages (i) CONSULTANTS.—In carrying out this Act, (2) CONTINUING ACTION.— in, or is otherwise employed in, lobbying of the executive director may procure the tem- (A) GENERAL RULE.—Not later than 180 the Congress and who is required under the porary (not to exceed 1 year) or intermittent days after the date of the completion of the Federal Regulation of Lobbying Act to reg- services of individual consultants or organi- study or a determination under subsection ister with the Clerk of the House of Rep- zations thereof. (b), the Board of Directors shall, in accord- resentatives or the Secretary of the Senate SEC. 5. STUDY AND REGULATIONS. ance with section 553 of title 5, United States shall be considered eligible for appointment (a) INITIAL ACTION.— Code, propose regulations that specify which to, or service on, the Board of Directors. (1) IN GENERAL.—The Board of Directors of the provisions of Federal law considered in (B) OFFICE.—No member of the Board of Di- shall conduct a study of the manner in which such study shall apply to the legislative rectors appointed under subsection (b)(1) the laws made applicable to the legislative branch of the Federal Government. The may hold or may have held the position of branch of the Federal Government under sec- Board of Directors shall provide a period of Member of the House of Representatives or tion 3(a) should apply. The Board of Direc- at least 30 days for comment on the proposed Senator, may hold the position of employee tors shall complete such study and report regulations. of the House of Representatives or Senate, or the results to Congress not later than 180 (B) CONGRESSIONAL NOTICE.— In addition to may have held such a position within 4 years days after the date of the first appointment publishing a general notice of proposed rule- of the date of appointment. of the first executive director. making under section 553(b) of title 5, United (2) HOLDING OFFICE.—If during a term of of- (2) INSTRUMENTALITIES.—The Board of Di- States Code, the Board of Directors shall fice a member of the Board of Directors en- rectors shall include in its study under para- concurrently submit such notice for publica- gages in an activity described in paragraph graph (1) an examination of the procedures tion in the Congressional Record. (2)(A), such position shall be declared vacant used by the instrumentalities to enforce the (C) AMENDMENTS AND REPEALS.—When pro- and a successor shall be selected in accord- application of laws applicable to the legisla- posing regulations under subparagraph (A) ance with subsection (b)(1). tive branch of the Federal Government and a specifying which of the provisions of Federal (3) VACANCIES.—A vacancy in the Board of determination as to whether to direct the in- law referred to in section 3(b) shall apply to Directors shall be filled in the manner in strumentality to make improvements in its the legislative branch of the Federal Govern- which the original appointment was made. regulations and procedures so as to assure ment, the Board of Directors shall rec- (d) BOARD OF DIRECTORS TERM OF OFFICE.— that procedures as effective as the proce- ommend to the Congress changes in or re- (1) IN GENERAL.—Except as provided in dures set forth in sections 7 through 12 will peals of existing law to accommodate the ap- paragraph (2), membership on the Board of apply. If the instrumentality has no such plication of such law to the legislative Directors shall be for 5 years. A member regulations and procedures, the Board may branch of the Federal Government. shall only be eligible for appointment for a direct the instrumentality to adopt the req- (D) FINAL REGULATIONS.— The Board of Di- single term of office. uisite regulations and procedures, or, if rectors shall, in accordance with such sec- (2) FIRST APPOINTMENTS.—Of the members deemed necessary, in lieu thereof may itself tion 553, issue final regulations not later first appointed to the Board of Directors— adopt regulations pursuant to this section or than 60 days after the end of the comment (A) 2 shall have a term of office of 2 years, authorize use of the procedures pursuant to period on the proposed regulations. (B) 2 shall have a term of office of 3 years, sections 7 through 12. (3) REGULATION REQUIREMENTS.—Regula- (C) 2 shall have a term of office of 4 years, (b) CONTINUING ACTION.—On an ongoing tions under paragraphs (1) and (2) shall be and basis the Board of Directors— consistent with the regulations issued by an (D) 2 shall have a term of office of 5 years, (1) shall determine which of the laws re- agency of the executive branch of the Fed- as designated at the time of appointment by ferred to in section 3(b) should apply to the eral Government under the provision of law the persons specified in subsection (b)(1). legislative branch of the Federal Govern- made applicable to the legislative branch of (3) REMOVAL.—Any member of the Board of ment and if it should, the manner in which the Federal Government, including portions Directors may be removed from office by a it should be made applicable; relating to remedies. majority decision of the appointing authori- (2) shall study the application to the legis- (4) ACTION IF DISAPPROVAL.—If a regulation ties described in subsection (b)(1) and only lative branch of the Federal Government of is disapproved by a concurrent resolution for— provisions of Federal law referred to in sec- considered under subsection (e), not later (A) disability that substantially prevents tion 3 that are enacted after the date of the than 60 days after the date of the dis- the member from carrying out the duties of enactment of this Act; approval, the Board of Directors shall pro- the member, (3) may propose regulations with respect to pose a new regulation to replace the regula- (B) incompetence, such application in accordance with sub- tion disapproved. The action of the Board of (C) neglect of duty, section (c); and Directors under this paragraph shall be in (D) malfeasance, or (4) may review the regulations in effect accordance with the applicable requirements (E) a felony or conduct involving moral under subsection (e)(1) and make such of this subsection. turpitude. amendments as may be appropriate in ac- (d) TRANSMITTAL.—A final regulation is- (e) CHAIRPERSON.—The Chairperson of the cordance with subsection (c). sued under subsection (c) shall be transmit- Board of Directors shall be appointed from (c) REGULATIONS.— ted to the Congress for consideration under the members of the Board of Directors by the (1) LAWS MADE APPLICABLE.— subsection (e). members of the Board. (A) GENERAL RULE.—Not later than 180 (e) TAKING EFFECT OF REGULATIONS.— (f) COMPENSATION OF MEMBERS.— days after the date of the completion of the (1) GENERAL RULE.—Subject to subsection (1) PER DIEM.—Each member of the Board study under subsection (a), the Board of Di- (f), a final regulation which is issued under of Directors shall be compensated at a rate rectors shall, in accordance with section 553 subsection (c) shall take effect upon the ex- equal to the daily equivalent of the annual of title 5, United States Code, propose regu- piration of 60 days from the date the final rate of basic pay prescribed for level V of the lations to implement the requirements of regulation is issued unless disapproved by Executive Schedule under section 5316 of the laws made applicable to the legislative the Congress by concurrent resolution. title 5, United States Code, for each day (in- branch of the Federal Government under sec- (2) CONCURRENT RESOLUTION.—A concurrent cluding travel time) during which such mem- tion 3(a). The Board of Directors shall pro- resolution referred to in paragraph (1) may ber is engaged in the performance of the du- vide a period of at least 30 days for comment be introduced in the House of Representa- ties of the Board. on the proposed regulations. tives or the Senate within 5 days of session H 92 CONGRESSIONAL RECORD — HOUSE January 4, 1995

after the date on which the Board of Direc- (b) INVESTIGATIVE AUTHORITY.—The execu- A congressional employee may elect the pro- tors issues the final regulation to which the tive director shall have authority to conduct cedure described in paragraph (3) or (5) but concurrent resolution applies. The matter such investigations as the executive director not both procedures. after the resolving clause of the resolution requires to implement sections 8 through 10 SEC. 8. STEP I: COUNSELING. shall be as follows: ‘‘That Congress dis- and section 12. (a) IN GENERAL.—A congressional employee approves the issuance of final regulations of (c) DUTIES.—The Office shall— alleging a violation of a law made applicable the Office of Compliance as issued on (1) carry out a program of education for to the legislative branch of the Federal Gov- llllll (the blank space being appro- Members of Congress and other employing ernment under this Act may request counsel- priately filled in).’’. authorities of the legislative branch of the ing through the Office. The Office shall pro- (3) PROCEDURE.—A concurrent resolution Federal Government respecting the laws vide the employee with all relevant informa- referred to in paragraph (1) shall be referred made applicable to them and a program to tion with respect to the rights of the em- to the appropriate committee of the House inform individuals of their rights under laws ployee. A request for counseling shall be involved. If no concurrent resolution is re- applicable to the legislative branch of the made not later than 180 days after the al- ported within 15 days of session after the Federal Government and under sections 7 leged violation forming the basis of the re- Board of Directors issues final regulations through 12, quest for counseling occurred. under subsection (c)(1)(D) or (c)(2)(D), the (2) in carrying out the program under para- (b) PERIOD OF COUNSELING.—The period for committee to which the concurrent resolu- graph (1), distribute the telephone number counseling shall be 30 days unless the em- tion was referred shall be discharged from and address of the Office, procedures for ac- ployee and the Office agree to reduce the pe- further consideration of the first such con- tion under sections 7 through 12, and any riod. The period shall begin on the date the current resolution introduced and the con- request for counseling is received. current resolution shall be placed on the ap- other information the executive director propriate calendar of the House involved. deems appropriate for distribution, distrib- SEC. 9. STEP II: MEDIATION. Any meeting of a committee on a concurrent ute such information to Members of Con- (a) IN GENERAL.—Not later than 15 days resolution shall be open to the public. Within gress and other employing authorities of the after the end of the counseling period under 5 days of session after the concurrent resolu- legislative branch of the Federal Govern- section 8, the employee who alleged a viola- tion is reported or discharged, it shall be in ment in a manner suitable for posting, pro- tion of a law made applicable to the legisla- order as a matter of highest privilege to vide such information to new employees of tive branch of the Federal Government under move to proceed to its consideration and the legislative branch of the Federal Govern- this Act may file a request for mediation such motion shall not be debatable. The con- ment, distribute such information to the with the Office. Mediation— current resolution shall be debatable for not residences of congressional employees, and (1) may include the Office, the employee, to exceed 4 hours equally divided between conduct seminars and other activities de- the employing office, and individuals who proponents and opponents and it shall not be signed to educate employers and employees are recommended by organizations composed subject to amendment. If, prior to the adop- in such information, primarily of individuals experienced in adju- tion of a concurrent resolution by one House, (3) compile and publish statistics on the dicating or arbitrating personnel matters, that House receives a concurrent resolution use of the Office by congressional employees, and of the other House with respect to the same including the number and type of contacts (2) shall be a process involving meetings regulations, then the procedure in that made with the Office, on the reason for such with the parties separately or jointly for the House shall be the same as if no concurrent contacts, on the number of employees who purpose of resolving the dispute between the resolution had been received from the other initiated proceedings with the Office under employee and the employing office. House, but vote on final adoption shall be on sections 7 through 12 and the result of such (b) MEDIATION PERIOD.—The mediation pe- the concurrent resolution of the other proceedings, and on the number of employees riod shall be 30 days beginning on the date House. If a concurrent resolution is received who filed a complaint under section 10, the the request for mediation is received and by a House in which no identical concurrent basis for the complaint, and the action taken may be extended for an additional 30 days at resolution has been introduced, it shall be on the complaint, and the discretion of the Office. The Office shall referred to the appropriate committee and (4) within 180 days of the initial appoint- notify the employee and the head of the em- the same procedures and 20-day period for ac- ment of the executive director and in con- ploying office when the mediation period has tion shall apply to the consideration of the junction with the Clerk of the House of Rep- ended. concurrent resolution by that House as resentatives and the Secretary of the Senate, SEC. 10. STEP III: FORMAL COMPLAINT AND would apply to an introduced concurrent res- develop a system for the collection of demo- HEARING. olution. graphic data respecting the composition of (a) FORMAL COMPLAINT AND REQUEST FOR (f) RULEMAKING POWER.—The provisions of the congressional employees, including race, HEARING.—Not later than 30 days after re- subsection (e) of this section are enacted by sex, and wages, and a system for the collec- ceipt by the congressional employee of no- the Congress— tion of information on employment prac- tice from the Office of the end of the medi- (1) as an exercise of the rulemaking power tices, including family leave and flexible ation period under section 9, the congres- of the House of Representatives and the Sen- work hours, in Congressional offices. sional employee may file a formal complaint ate, respectively, and as such they shall be (d) REPORT.—Within one year of the date with the Office against the head of the em- considered as part of the rules of each House, the system referred to in subsection (c)(4) is ploying office involved. No complaint may be respectively, or of that House to which they developed and annually thereafter, the Board filed unless the employee has made a timely specifically apply, and such rules shall su- of Directors shall submit to Congress a re- request for counseling and has completed the persede other rules only to the extent that port on the information collected under such procedures set forth in sections 8 and 9. they are inconsistent therewith; and system. Each report after the first report (b) HEARING BOARD.—A board of 3 independ- (2) with full recognition of the constitu- shall contain a comparison and evaluation of ent hearing officers (hereinafter in this Act tional right of either House to change such data contained in the previous report. referred to as a ‘‘hearing board’’), who are rules (so far as relating to such House) at not Members of the House of Representa- any time, in the same manner, and to the SEC. 7. PROCEDURE FOR CONSIDERATION OF AL- tives, Senators, or officers or employees of same extent as in the case of any other rule LEGED VIOLATIONS. the House of Representatives or Senate, cho- of such House. The procedure for consideration of alleged sen by the executive director (one of whom (g) OPEN TO THE PUBLIC.—Any meeting of violations of laws made applicable to the leg- shall be designated by the executive director the Board of Directors held in connection islative branch of the Federal Government as the presiding hearing officer) shall be as- with a study under subsection (a) or (b) shall under this Act consists of 4 steps as follows: signed to consider each complaint filed be open to the public. Any meeting of the (1) Step I, counseling, as set forth in sec- under subsection (a). The executive director Board of Directors in connection with a reg- tion 8. shall appoint hearing officers from can- ulation under subsection (c) shall be open to (2) Step II, mediation, as set forth in sec- didates who are recommended by the Federal the public. tion 9. Mediation and Conciliation Service or the SEC. 6. OTHER FUNCTIONS. (3) Step III, formal complaint and hearing Administrative Conference of the United (a) RULES OF THE OFFICE.—The executive by a hearing board, as set forth in section 10. States. A hearing board shall act by major- director shall adopt rules governing the pro- (4) Step IV, judicial review if a congres- ity vote. cedures of the Office, subject to the approval sional employee is aggrieved by a dismissal (c) DISMISSAL OF FRIVOLOUS CLAIMS.—Prior of the Board of Directors, including the pro- of a claim under section 10(c), a final deci- to a hearing under subsection (d), a hearing cedures of hearing boards, which shall be sion under section 10(g), or an order under board may dismiss any claim that it finds to submitted for publication in the Congres- section 10(h) or if a head of an employing of- be frivolous. sional Record. The rules may be amended in fice is aggrieved by a final decision under (d) HEARING.—A hearing shall be con- the same manner. The executive director section 10(g) or would be subject to an order ducted— may consult with the Chairman of the Ad- issued under section 10(h). (1) in closed session on the record by a ministrative Conference of the United (5) Step V, as an alternative to steps III hearing board; and States, the Legal Counsel of the Senate, and and IV, a civil action in a district court of (2) no later than 30 days after filing of the the General Counsel of the House of Rep- the United States in accordance with section complaint under subsection (a), except that resentatives on the adoption of rules. 12. the Office may, for good cause, extend up to January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 93 an additional 60 days the time for conducting set of any proceeding in which compensation counseling and has completed the procedures a hearing. may be paid from a fund of the House of Rep- set forth in sections 8 and 9. (e) DISCOVERY.—Reasonable prehearing dis- resentatives, the General Counsel of the (3) COURT ORDER.—If a court determines covery may be permitted at the discretion of House of Representatives may provide the that a violation of law occurred, the court the hearing board. respondent with representation. may only enter an order described in section (f) SUBPOENA POWER.— SEC. 11. JUDICIAL REVIEW. 10(h). (1) IN GENERAL.—A hearing board may au- (a) IN GENERAL.— (b) ATTORNEY’S FEES.—If a congressional thorize subpoenas, which shall be issued by (1) TYPES OF REVIEW.—Following any hear- employee is the prevailing party in a pro- the presiding hearing officer on behalf of the ing under section 10 on a complaint relating ceeding under this section, attorney’s fees hearing board for the attendance of wit- to a provision of law described in section 3, may be allowed by the court in accordance nesses at proceedings of the hearing board any congressional employee aggrieved by a with any standards prescribed under Federal and for the production of correspondence, dismissal of a claim under section 10(c), a law for the award of such fees in the event of books, papers, documents, and other records. final decision under section 10(g), a final a violation of such provision. The attendance of witnesses and the produc- order under section 10(h), or any head of an SEC. 13. RESOLUTION OF COMPLAINT. tion of evidence may be required from any employing office aggrieved by a final deci- If, after a formal complaint is filed under place within the United States. sion under section 10(g) or a final order section 10, the employee and the head of the (2) FAILURE TO OBEY A SUBPOENA.—If a per- under section 10(h), may petition for review employing office resolve the issues involved, son refuses to obey a subpoena issued under by the United States Court of Appeals for the employee may withdraw the complaint paragraph (1), the hearing board may apply the Federal Circuit in accordance with para- or the parties may enter into a written to a United States district court for an order graph (2). agreement, subject to the approval of the ex- requiring that person to appear before the (2) PROVISIONS APPLICABLE TO REVIEW.—The hearing board to give testimony, produce following provisions apply to a review under ecutive director. evidence, or both, relating to the matter paragraph (1): SEC. 14. PROHIBITION OF INTIMIDATION. under investigation. The application may be (A) LAW APPLICABLE.—Chapter 158 of title Any intimidation of, or reprisal against, made within the judicial district where the 28, United States Code, shall apply— any employee by any Member of the House of hearing is conducted or where that person is (i) with respect to section 2344 of title 28, Representatives, Senator, or officer or em- found, resides, or transacts business. Any United States Code, service of the petition ployee of the House of Representatives or failure to obey the order of the court may be shall be on the House or Senate Legal Coun- Senate, by the Architect of the Capitol or punished by the court as civil contempt. sel, or the appropriate entity of an instru- anyone employed by the Architect of the (3) SERVICE OF SUBPOENAS.—The subpoenas mentality, as the case may be, rather than Capitol, or by an instrumentality of the leg- of the hearing board shall be served in the on the Attorney General; islative branch of the Federal Government manner provided for subpoenas issued by a (ii) the provisions of section 2348 of title 28, because of the exercise of a right under this United States district court under the Fed- United States Code, on the authority of the Act constitutes an unlawful employment eral Rules of Civil Procedure for the United Attorney General, shall not apply; practice, which may be remedied in the same States district courts. (iii) the petition for review shall be filed manner under this Act as is a violation of a (4) SERVICE OF PROCESS.—All process of any not later than 90 days after the entry in the law made applicable to the legislative court to which application is to be made Office of a final decision under section 10(g), branch of the Federal Government under this under paragraph (2) may be served in the ju- an order under section 10(h); and Act. dicial district in which the person required (iv) the Office shall be an ‘‘agency’’ as that to be served resides or may be found. term is used in chapter 158 of title 28, United SEC. 15. CONFIDENTIALITY. (5) IMMUNITY.—The hearing board is an States Code. (a) COUNSELING.—All counseling shall be agency of the United States for the purpose (B) STANDARD OF REVIEW.—To the extent strictly confidential except that the Office of part V of title 18, United States Code (re- necessary for decision and when presented, and the employee may agree to notify the lating to immunity of witnesses). the court shall decide all relevant questions head of the employing office of the allega- (g) HEARING BOARD DECISION.—As expedi- of law and interpret constitutional and stat- tions. tiously as possible, but in no case more than utory provisions. The court shall set aside a (b) MEDIATION.—All mediation shall be 45 days after the conclusion of the hearing, dismissal under section 10(c), a final decision strictly confidential. the hearing board shall make a decision in under section 10(g), or an order under section (c) HEARINGS.—Except as provided in sub- the matter for which the hearing was held. 10(h) if it is determined that the dismissal, sections (d) and (e), the hearings and delib- The decision of the hearing board shall be decision, or order was— erations of the hearing board shall be con- transmitted by the Office to the employee (i) arbitrary, capricious, an abuse of discre- fidential. and the employing office. The decision shall tion, or otherwise not consistent with law; (d) RELEASE OF RECORDS FOR JUDICIAL AC- state the issues raised by the complaint, de- (ii) not made consistent with required pro- TION.—The records of hearing boards may be scribe the evidence in the record, and con- cedures; or made public if required for the purpose of ju- tain a determination as to whether a viola- (iii) unsupported by substantial evidence. dicial action under section 9. tion of a law made applicable to the legisla- (C) RECORD.—In making determinations (e) ACCESS BY COMMITTEES OF CONGRESS.— tive branch of the Federal Government under under subparagraph (B), the court shall re- At the discretion of the executive director, this Act has occurred. Any decision of the view the whole record, or those parts of it the executive director may provide to the hearing board shall contain a written state- cited by a party, and due account shall be Committee on Standards of Official Conduct ment of the reasons for the hearing board’s taken of the rule of prejudicial error. The of the House of Representatives and the Se- decision. A final decision of the hearing record on review shall include the record be- lect Committee on Ethics of the Senate ac- board shall be made available to the public fore the hearing board, the decision of the cess to the records of the hearings, including by the Office. hearing board, and the order of the hearing all written and oral testimony in the posses- (h) REMEDY ORDER.—If the decision of the board. sion of the hearing boards, concerning a deci- hearing board under subsection (g) is that a (b) ATTORNEY’S FEES.—If a congressional sion under section 10(g). The executive direc- violation of a law made applicable to the leg- employee is the prevailing party in a pro- tor shall not provide such access until the islative branch of the Federal Government ceeding under this section, attorney’s fees executive director has consulted with the in- under this Act has occurred, it shall order for the judicial proceeding may be allowed dividual filing the complaint at issue in the the remedies under such law as made appli- by the court in accordance with the stand- hearing, and until the hearing board has is- cable to the legislative branch of the Federal ards prescribed under section 706(k) of the sued the decision. Government under this Act, except that no Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)). (f) COORDINATION.—The executive director Member of the House of Representatives, SEC. 12. CIVIL ACTION. shall coordinate the proceedings with the Senator, any other head of an employing of- (a) IN GENERAL.— Committee on Standards and Official Con- fice, or any agent of such a Member, Sen- (1) CIVIL ACTION.—A congressional em- duct of the House of Representatives and the ator, or employing office, shall be personally ployee may, within 30 days after receipt of Select Committee on Ethics of the Senate to liable for the payment of compensation. The notice from the Office of the end of the medi- ensure effectiveness, to avoid duplication, hearing board shall have no authority to ation period under section 9 for a violation of and to prevent penalizing cooperation by re- award punitive damages. The entry of an a law made applicable to the legislative spondents in the respective proceedings. order under this subsection shall constitute branch of the Federal Government, bring a SEC. 16. POLITICAL AFFILIATION AND PLACE OF a final decision for purposes of judicial re- civil action in a district court of the United RESIDENCE. view under section 11. States seeking relief from the alleged viola- (a) IN GENERAL.—It shall not be a violation (i) FUNDS.—There shall be established in tion of law if such a civil action may be of a law made applicable to the legislative the House of Representatives and in the Sen- brought by an employee under such law. In branch of the Federal Government under this ate a fund from which compensation (includ- any such civil action, any party may demand Act to consider the— ing attorney’s fees) may be paid in accord- a jury trial. (1) party affiliation, ance with an order under subsection (h) or as (2) EXHAUSTION REQUIREMENT.—No civil ac- (2) domicile, or a result of judicial review under section 11 or tion may be filed under paragraph (1) unless (3) political compatibility with the em- a civil action under section 12. From the out- the employee has made a timely request for ploying office, H 94 CONGRESSIONAL RECORD — HOUSE January 4, 1995 of a congressional employee with respect to The gentleman from Connecticut separation of powers embodied in the employment decisions. [Mr. SHAYS] will be recognized for 30 Constitution. (b) DEFINITION.—For purposes of subsection minutes, and the gentleman from Mr. Speaker, I do not quite know how (a), the term ‘‘employee’’ means— (1) an employee on the staff of the House of Maryland [Mr. HOYER] will be recog- long this bill will take in debate, it Representatives or Senate leadership, nized for 30 minutes. may be a full hour, but it is truly our (2) an employee on the staff of a committee The Chair recognizes the gentleman bill. It passed this Chamber with over- or subcommittee, from Connecticut [Mr. SHAYS]. whelming support, and it is my hope (3) an employee on the staff of a Member of Mr. SHAYS. Mr. Speaker, I yield my- that the Senate will act shortly on this the House of Representatives or Senate, self such time as I might consume, and legislation, maybe tomorrow, and that (4) an officer or employee of the House of we will have a conference and finalize Representatives or Senate elected by the say to the Members of this Chamber House of Representatives or Senate or ap- that the Congressional Accountability this bill possibly by next week. pointed by a Member of the House of Rep- Act is not one person’s bill, it was au- Mr. Speaker, I reserve the balance of resentatives or Senate, other than those de- thored 2 years ago by a colleague of my time. scribed in paragraphs (1) through (3), or mine, Dick Swett. There were four Mr. HOYER. Mr. Speaker, I yield my- (5) an applicant for a position that is to be original cosponsors, ROSCOE BARTLETT, self such time as I may consume. occupied by an individual described in para- JAY DICKEY, David Mann, and PAUL The SPEAKER pro tempore (Mr. graphs (1) through (4). MCHALE. The cochairman of the Fresh- HASTERT). The gentleman from Mary- SEC. 17. ENFORCEMENT; OTHER REVIEW PROHIB- land is recognized. ITED. man Bipartisan Task Force on Con- Mr. HOYER. Mr. Speaker, I rise in (a) ENFORCEMENT.—This Act shall not be gressional Reform TILLIE FOWLER, construed to authorize enforcement by the PETER TORKILDSEN, Karen Shepherd, strong support of H.R. 1. executive branch of any of the laws made ap- Eric Fingerhut and 100 freshmen co- I want to at the outset congratulate plicable to congressional employees under sponsored this bill. The presidents of the gentleman from Connecticut [CHRIS this Act. SHAYS] and Dick Swett from New the freshman class last year, EVA (b) REVIEW.—No congressional employee Hampshire. Dick is no longer with us. may commence a judicial proceeding to re- CLAYTON and BUCK MCKEON, cospon- sored this bill. The Joint Committee on CHRIS is obviously here. They worked dress practices prohibited under section 5, very hard on this issue in the last Con- except as provided in this Act. the Organization of Congress headed by gress. They raised the visibility of this SEC. 18. STUDY. LEE HAMILTON and DAVID DREIER, Re- issue, but more importantly than that, (a) STUDY.—The Office shall conduct a publicans and Democrats throughout, they worked with all the Members of study— championed this bill through their this House on both sides of the aisle to (1) of the ways that access by the public to committee. The chairmen and ranking try to reach agreement on the very dif- information held by the Congress may be im- members of the Committee on House proved, streamlined, and made consistent be- ficult question as to how we include Administration and Committee on tween the House of Representatives and the the House and the Senate and the in- Rules that marked up H.R. 4822 on Senate and of the application of section 552 strumentalities of Congress under the which this bill is based, Republicans of title 5, United States Code to the legisla- provisions of 10 specific bills which we tive branch of the Federal Government; and and Democrats, were essential to its have passed over the last six decades (2) of the application of the requirement of work: CHARLIE ROSE, BILL THOMAS, JOE and apply those so that our employees section 552a of title 5, United States Code, to MOAKLEY, JERRY SOLOMON. Other lead- will enjoy the same protection as the the legislative branch of the Federal Govern- ers who have been working on this ment. employees of other entities in this issue for years and years and years, (b) STUDY CONTENT.—The study conducted country. under subsection (a) shall examine— BILL GOODLING and HARRIS FAWELL and It is important that we are moving (1) information that is currently made others, in particular BARNEY FRANK, forward on this bill. It has been available under such section 552 by Federal who encouraged the Speaker of the blocked frankly for too long. The agencies and not by the legislative branch of House in this past time to move for- House passed this bill essentially twice the Federal Government; ward with this bill, was essential to its (2) information held by the non-legislative in the last Congress, only to see our ef- passage last time with JOHN BOEHNER. forts thwarted by Republican-led ef- offices of the legislative branch of the Fed- Mr. Speaker, this bill has had bipar- eral Government, including— forts in the Senate, unfortunately. The (A) the instrumentalities, tisan support. It moved forward in this Democratic and Republican Members (B) the Architect of the Capitol, Chamber last year with bipartisan sup- of this House want this bill and as has (C) the Chief Administrative Officer of the port. Republicans and Democrats have been said earlier in the day voted to House of Representatives, made their mark on this bill. approve it 427–4 back in August of last (D) the Clerk of the House of Representa- I also want to thank the former year. tives, Speaker Tom Foley for guaranteeing a We have gone a long way toward (E) the Secretary of the Senate, vote and moving it to the Senate and (F) the Inspector General of the House of making sure that the Congress lives Representatives, for NEWT GINGRICH, our present Speak- under the same laws as any other (G) the Sergeant at Arms of the House of er, for championing this bill wherever Americans. Most pieces of legislation Representatives and the Sergeant at Arms of he went, and to thank STENY HOYER for we have passed apply to Congress. The the Senate, his work. The bottom line to this is Americans with Disabilities Act which (H) the United States Capitol Police, and that this is our bill, it belongs to all of I proudly cosponsored specifically ap- (I) the House Commission on Congressional us, and it is a strong bill. It includes plies to Congress, as did the Civil Mailing Standards; all the laws that we are presently ex- (3) financial expenditure information of Rights Act, the Minimum Wage Act, the legislative branch of the Federal Govern- empted from. It covers all the instru- the Fair Labor Standards Act, and the ment; and mentalities, the Library of Congress, Family and Medical Leave Act, all (4) provisions for judicial review of denial the GAO, it gives them the protection, apply now. The House has also had in of access to information held by the legisla- and it allows employees for the first place since 1988 prohibitions against tive branch of the Federal Government. time to go to court, civil action if they employment discrimination. (c) TIME.—The Office shall conduct the choose to, de novo, or to have a court H.R. 1 will ensure that all Members study prescribed by subsection (a) and report appeal. of the Congress, not just House Mem- the results of the study to the Congress not In the whole process of deliberation later than one year after the date of the ini- bers, live under all the laws we pass tial appointment of the Board of Directors. on this bill, Mr. Speaker, we had 3 and do so permanently, not just as in- guiding principles that Dick Swett and ternal House rules which are now on b 0030 I worked on with so many other Mem- the books adopted by this House in Oc- The SPEAKER pro tempore (Mr. bers. If a law is right for the private tober of last year, but as a statute, a THOMAS). Pursuant to the provisions of sector, it is right for Congress. Con- part of statutory law. section 108 and title I of House Resolu- gress will write better laws when it has I cannot tell you how many times I tion 6, it is now in order to consider to live by the same laws it imposes on have had business men and women, H.R. 1, the Congressional Accountabil- the private sector and the executive men and women in every walk of life ity Act. branch and we must as well respect the complain that Congress passes laws January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 95 and then simply exempts itself. Every Mr. Speaker, I yield 2 minutes to the Mr. Speaker, let us work out what- one of us on this House floor has heard gentleman from Pennsylvania [Mr. ever difference we have with the Sen- that criticism, which was legitimate, GOODLING], chairman of the Economic ate and get this legislation to the by our publics. Most of my constitu- and Educational Opportunity Commit- President this month. ents did not know frankly that the tee, who is truly the father of this leg- Mr. HOYER. Mr. Speaker, I yield 2 Congressional Accountability Act islation. minutes to the gentleman from Indiana passed the House last year by that vote (Mr. GOODLING asked and was given [Mr. HAMILTON], who cochaired the bi- of 427–4. In fact the discussions that I permission to revise and extend his re- partisan reform commission. have heard in debates sometimes on marks.) Mr. HAMILTON. Mr. Speaker, I this floor and during the course of this Mr. GOODLING. Mr. Speaker, on the thank the gentleman for yielding the election, you would not know that the last day Congress met on October 7, I time and I rise in strong support of House had acted. You would not know recorded my serious concerns with the H.R. 1, the Congressional Accountabil- that it was in our rules. That perhaps rule on congressional coverage then be- ity Act. Let me acknowledge that served the purposes of some, but the fore the House. While I realized the there have been many Members in both fact is we did act. But the other body rule was made necessary by the Sen- did not. And the instrumentalities are Chambers who deserve credit for the ate’s failure to act, I felt compelled to not covered. Furthermore, the mecha- passage of this bill tonight, and I com- note the absence of an employee right nisms for appeal and hearing process mend especially the gentleman from to go to court, for full trial, where the are not provided for adequately in the Connecticut and the gentleman from underlying law provided that right to rules because they could not be pro- Maryland for their outstanding leader- private sector employees, rendered the vided for adequately in the rules. ship. The American people deserve some- proposal fundamentally defective and I I think there are three reasons why it thing more than the internal House am gratified that the bill now before us is important for Members of Congress rule that we have. But as importantly extends that right by statute to Hill to follow the same laws that cover the our employees deserve better than employees. private sector. First, the widespread that. That really is the crux of this It also extends 10 major employment perception that Members have exempt- issue, so that we can protect them as laws to Congress, and it is my under- ed themselves from many laws signifi- standing that we will also add court we have protected others throughout cantly undermines the confidence of enforcement under the Veterans Reem- this country. the American people in this institu- ployment Act through negotiations I want to go home and tell those con- tion. We lose credibility and legit- with the Senate to the bill that ulti- stituents that have talked to me and to imacy when people believe that Mem- mately goes to the President. all of you that we have answered their bers are somehow above the law. Let us send a bill to the President plea. I want to tell them that we meet Second, more fully applying laws to soon. I am pleased that after the last the same requirements that they do, Congress will improve the quality of several years where many of us have that we follow the same laws that we legislation that we pass. A number of felt alone in trying to bring attention ask them to, from OSHA to Fair Labor Members have made that point this Standards. I want to tell them that our to this issue that it now appears cer- evening. It can be difficult for Members employees have the same protections tain we are on the verge of enactment to understand completely the practical theirs do, from anti-age discrimination of true congressional coverage. Yes, let implications of the legislation that we to family and medical leave. Perhaps us welcome the moment, but let us also the shared experience will help us, as admit that this is a step that should pass when we are not forced to some of you believe, write better, more have been taken long ago. confront these implications in our own careful laws. We will never be as careful as we place of work. Third, and this point I think has not b 0040 should be in passing, changing, and drafting laws until we ourselves are been mentioned, it is simply unfair to This is about common sense, trust forced to comply with those laws and congressional employees not to extend and accountability. That is why we are the fundamental unfairness of a double to them the same rights and protec- all here late into the evening finishing standard is obvious in any case. So let tions available to those who work else- the work which began the last Con- us not pat ourselves on the back too where. gress. I hope all of my colleagues will eagerly tonight. It is long overdue. May I also add just a word of caution. join me in moving forward on H.R. 1. I also want to acknowledge the bipar- House passage of this Congressional Again I want to congratulate the tisanship here in these late hours and Accountability Act is not the final gentleman from Connecticut, Mr. am pleased effective congressional cov- process or hurdle in the process of SHAYS and Mr. Swett for their leader- erage will become law on the Repub- bringing this legislation to enactment. ship and their tenacious support of this lican watch. The Senate, I know, has promised very very important piece of legislation. Politics, of course, is not a perfect quick consideration of a bill to apply Mr. SHAYS. Mr. Speaker, there are process. This bill is not a perfect proc- laws to Congress. My information is, speakers on both sides. There will not ess either. Punitive damages have not however, that the bill that the Senate be a vote right this second. I yield my- will pass is going to be very different self 30 seconds to correct one point been included, and personal liability is excluded. from the bill that we pass, and then we that was made during the debate on will have to agree on a single consen- the rule and now here on the issue of Prior bills I have introduced provided sus package. We still have got a lot of Republicans killing it in the Senate. for such liability, but I will leave that work to do on this package. I hope To correct the RECORD, Mr. Speaker, battle to another day, recognizing its Members will continue to follow it this bill passed with bipartisan support controversial nature, and not wishing in this Chamber. It died in the Senate to jeopardize the passage of the legisla- very carefully until we bring it to the with bipartisan support. tion. point of enactment. The Senate Government Affairs Com- This is a new beginning that will go Mr. SHAYS. Mr. Speaker, I yield 2 mittee held a hearing on June 29. They a long way in restoring the confidence minutes to the gentleman from Illi- then reported out and marked up the of the American people in this great in- nois, Mr. HARRIS FAWELL, who has real- bill on September 20, after the break. stitution. ly been a champion of this legislation They reported the bill out on the third Finally, I wish to acknowledge the for years. and filed their report. The report was leadership of my colleagues, the gen- (Mr. FAWELL asked and was given not printed until October 6, the day it tleman from Connecticut, CHRIS SHAYS, permission to revise and extend his re- was to be voted on. So any Member and the gentleman from Illinois, HAR- marks.) could object to it being brought up. RIS FAWELL, on this issue and that of Mr. FAWELL. Mr. Speaker, I thank I say to the House it passed here with key staffers such as Randy Johnson, the gentleman from Connecticut for bipartisan support; it died there with Gary Visscher, Peter Carson, and Rob yielding me this time. He has been the bipartisan support. Green. leader and has brought this bipartisan H 96 CONGRESSIONAL RECORD — HOUSE January 4, 1995 group together, but the gentleman necticut [Mrs. KENNELLY], the vice Those laws have helped to make Amer- from Pennsylvania [Mr. GOODLING] and chairman of the Democratic Caucus. ica better and more fair. so many others, have been also in the Mrs. KENNELLY. Mr. Speaker, I am This bill, H.R. 1, will apply those ranks. As has been stated, many Mem- pleased that once again this body has same laws to Congress that now apply bers have had a part to play. taken up the Congressional Account- to all other employers. I was pleased to We have all heard the old phrase that ability Act as it did twice last year, be a cosponsor of this bill in the last Congress would exempt itself from the and I am particularly proud of my col- session of Congress, and I will vote for law of gravity if it thought it could get league from Connecticut [Mr. SHAYS], this bill. away with it. And, indeed, Congress has who joined with a former Member, Mr. If discrimination occurs in Congress, tried to get away with it for a long Swett from New Hampshire, and did there should be protection from it, re- time. yeoman service to bring about this re- gardless of race, creed, color, sex, age, But that is changing now. And I com- form. family status, physical condition, or pliment the new leadership in the As some of us might remember as we any other protected class. Labor prac- House for having a Congressional Ac- read back in history, exempting Con- tices should be fair, the workplace countability Act as the first bill to be gress from various laws began because should be safe, and fair notice and re- presented to the 104th Congress. we thought we would not have the en- training should be the expectation of We know this bill is not perfect. And forcement power that we should have if those who work here. the full specifics as to the exact man- executive branches had administrative We have outlived the days when Con- ner in which the 10 ‘‘place of employ- powers over us, so we would not be a gress can expect special and different ment’’ labor laws shall be applied to coequal branch of government. treatment from the average employer. As you know, we went too far, and congressional employers will be fully If the Constitution means anything for the laws did not apply to Congress. determined by the passage of regula- anyone, equal protection of the laws This is unacceptable to the public. I tions by the Office of Compliance. must apply to everyone. think this is excellent legislation. I But the bill does establish the stand- Of all that we have done today, this think it demonstrates the best sense of ard that congressional employees will is the one measure that affects the or- have the right, in instances of viola- what we can do together, Members of both parties working together. dinary citizen. It is a good bill, and I tions of these labor laws by Members of urge my colleagues to vote ‘‘yes’’ for Congress, to the same basic employee Once again, may I compliment the gentleman from Connecticut [Mr. passage. protections as possessed by employees Mr. SHAYS. Mr. Speaker, I yield 1 in the private sector. This will include SHAYS]. He has done an excellent job. Mr. SHAYS. Mr. Speaker, I yield 1 minute to my friend, the gentleman the right of congressional employees to from Arkansas [Mr. DICKEY], one of the seek a full de novo jury trial in Federal minute to the gentleman from Mary- land [Mr. BARTLETT], an original co- six original cosponsors, a member of court against their congressional em- the freshman class that was so impor- ployers, complete with general dam- sponsor of this legislation. Mr. BARTLETT of Maryland. Mr. tant to passage of this bill. ages, court costs and recovery of attor- Mr. DICKEY. Mr. Speaker, in 1978 a ney’s fees. Speaker, I rise today in strong support of H.R. 1, the Congressional Account- restaurant owner in Pine Bluff, AR, my The bill does now allow for such em- ability Act. hometown, built a restaurant with two ployees to obtain punitive damages In the 103d Congress, I was an origi- required parking spaces, a ramp, and a against their congressional employers. nal sponsor of this legislation along streetlight for the disabled. In 1992 the In addition, Members of Congress are with my colleague Mr. SHAYS and am regulators came in and said, ‘‘The laws indemnified for any damages, costs, or proud to be speaking on the House have changed, and you have got to legal fees to which a prevailing em- floor after 2 years of diligent work. move that ramp and the two parking ployee may be found entitled. Private This bill is, quite frankly, long over- places to the front door.’’ sector employers can generally be held due. Rather than fight the Government or personally liable for those types of H.R. 1 is simple and straight- pay a fine or both, the ramp was damages under civil rights law, the Age forward—it makes us comply with the moved, the two spaces were moved, but Discrimination in Employment Act same laws we impose on the private the streetlight was left. So the cost to and the Americans With Disabilities sector including the Fair Labor Stand- the owner was $4,000 plus an extra Act. ards Act, the Americans With Disabil- space for the streetlight. What is most important, however, is ities Act, the Family and Medical The owner is watching carefully to- that our Leadership in Congress is now Leave Act, and OSHA. night to see that we pass this bill, the committed to place this long overdue It is my view that Member of Con- Congressional Accountability Act. type of legislation on the front burner, gress should be treated the same as our Why? Because if Congress has to abide indeed, as the very first bill to be con- laws treat the American people. If the by the regulators who come in and sus- sidered in this 104th Congress. The Sen- laws we pass are good enough for our tain their positions with their fines, ate is doing likewise and doubtless constituents, then they should be good then congress someday will say, as we both the House and Senate in con- enough for their Representative in have said for a long time, ‘‘We cannot ference will soon agree on a final law— Congress. If these laws are so onerous, keep this place going with these ex- not a set of rules which can be waived Congress should simply stop passing penses.’’ at the will of this House—for early them. Then the people who fuel the engine presentation to the President to sign. I believe we must go further than of our economy, the small business per- That’s what happens when leadership is this bill in reforming Congress. How- son, will find relief in our leadership. really dedicated to moving legislation. ever, H.R. 1 is a giant step in the right Mr. HOYER. Mr. Speaker, I yield 1 Once Congress has established the direction and I commend all those re- minute to the gentleman from Penn- standard that the place of employment sponsible for bringing this bill to fru- sylvania [Mr. FATTAH]. labor laws its passes shall also apply to ition. Mr. FATTAH. Mr. Speaker, in a day Congress, these laws will then tend to Mr. HOYER. Mr. Speaker, I yield 1 that could have passed being fairly ir- be more equitable and flexible in the minute to the gentlewoman from North relevant to real Americans, this is treatment of employees and employers Carolina [Mrs. CLAYTON]. something that I think we all can be generally within both the private and (Mrs. CLAYTON asked and was given proud of. public sectors. And that is a better em- permission to revise and extend her re- I would like to congratulate and ployment policy for America in the marks.) thank my fellow Pennsylvanian, the 21st century. Mrs. CLAYTON. Mr. Speaker, over gentleman from Pennsylvania [Mr. the years, this Congress has developed GOODLING], and the gentleman from In- b 0050 a package of policies and a set of laws diana [Mr. HAMILTON], and all of the Mr. HOYER. Mr. Speaker, I yield 1 designed to provide employee protec- original cosponsors of this effort in the minute to the gentlewoman from Con- tion and to combat discrimination. last session and their hard work on it, January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 97 and on this day, this is something that have two tiers. All members of our so- torically been the people’s House. Let’s goes beyond symbolism. ciety, be they private citizens or Mem- pass the Congressional Accountability This is, indeed, something that both bers of the Congress, are governed by Act. the majority and minority Members of the rule of law, the same rule of law. Mr. SHAYS. Mr. Speaker, I yield 1 the Congress can be proud of. I urge an affirmative vote on H.R. 1. minute to the gentleman from Califor- Mr. SHAYS. Mr. Speaker, I yield 1 Mr. SHAYS. Mr. Speaker, I yield 1 nia [Mr. MCKEON] who was president of minute to the gentleman from Massa- minute to the gentlewoman from Flor- the Republican freshman class last chusetts [Mr. TORKILDSEN], who was ida [Mrs. FOWLER], who was also just year and a technical cosponsor. the cochairman of the Freshman Bipar- an essential part of the passage of this Mr. McKEON. I thank the gentleman tisan Task Force on Congressional Re- bill last year as cochairman of the for yielding this time to me and for all form, so important to the passage of freshman bipartisan task force on con- his outstanding work in bringing this this bill. gressional reform. bill to this stage. Mr. TORKILDSEN. Mr. Speaker, I Mrs. FOWLER. Mr. Speaker, I rise Mr. Speaker, at every meeting that I also want to applaud the efforts of the today in strong support of the Congres- attend back home, the one question gentleman from Connecticut [Mr. sional Accountability Act. I want to that always comes up is how can Con- SHAYS] and of everyone else involved in commend my friend from Connecticut gress pass laws and then exempt itself. this measure to bring it forward for [Mr. SHAYS] for his hard work. We are supposed to be representative of passage tonight. From the beginning, this was a truly the people, but we have consistently I rise tonight in strong support of bipartisan effort. Both the Republican treated ourselves differently. H.R. 1. In a direct contradiction of and Democrat freshman classes made I will be the first to admit that I what the Framers of the Constitution this bill a top priority early on. By the wish we were all exempt from some of intended, Congress has been exempting time this bill passed in the 103d Con- the laws and regulations Congress has itself from the very laws that every gress, 97 Members of our class, Demo- passed in the last few ears. As a busi- American must follow. crats and Republicans, had signed on as nessman, I have felt the burden of gov- In the 57th Federalist Paper, James cosponsors. ernment regulation, but as a Congress- Madison wrote that Members of the Bringing Congress under the laws it man I am exempt from it. That must House of Representatives ‘‘can make passes for everyone else is something I change. no law which will not have its full op- campaigned on when I first ran for this The Shays amendment is based on a eration on themselves and their friends office 2 years ago. It is something I simple principle of fairness. This legis- as well as on the great mass of the so- fought for during my first term. It is lation will require the Congress to ciety. This has always been one of the something we simply must complete on comply with the same rules it passes. strongest bonds by which human policy this first day of the 104th Congress if Just as we back home cannot be above can connect the rulers and the people we are to begin earning back the trust the law, Congress cannot be above the together.’’ and respect the American people once laws it passes by claiming special legis- Madison was right. For too long what had for this great institution. he called one of the strongest bonds The significant long-term impact of lative privilege. The clock has run out connecting lawmakers and the people this bill will be that we pass better on business as usual. Congress must re- has been absent from the Congress. laws. Knowing that what we pass will gain the trust of the American people Last fall the House overwhelmingly affect us directly will surely make us by living under the same laws it im- passed similar legislation. Failure of more vigilant, more pragmatic, and poses on the private sector. I urge you the Senate to act requires the House to maybe more reluctant when making to support the Shays amendment and act again this year. the laws. return accountability to Congress. I urge my colleagues to support this I urge my colleagues to support this Mr. HOYER. Mr. Speaker, I yield 1 measure to make Congress abide by the legislation. minute to the gentleman from Califor- laws every American citizen must com- nia [Mr. BEILENSON]. b ply with every single day. 0100 (Mr. BEILENSON asked and was Mr. HOYER. Mr. Speaker, I yield 2 Mr. HOYER. Mr. Speaker, I yield 1 given permission to revise and extend minutes to the gentleman from Penn- minute to the gentlewoman from Con- his remarks.) sylvania [Mr. MCHALE], one of the necticut [Ms. ROSA DELAURO], one of Mr. BEILENSON. Mr. Speaker, I original cosponsors of this legislation our chief deputy whips. thank the gentleman for yielding this that passed last year. Ms. DELAURO. Mr. Speaker, I rise time to me. Mr. MCHALE. Mr. Speaker, I rise in today in support of H.R. 1, the Congres- Mr. Speaker, I rise in support of H.R. strong support of H.R. 1, the Congres- sional Accountability Act and to com- 1, the Congressional Accountability sional Accountability Act, a piece of mend my friend and colleague from Act. This bill, which is substantially legislation which I suspect will soon Connecticut [CHRIS SHAYS] for his de- the same legislation that the House of become one of the most important in- termination to see this important leg- Representatives passed last August, ternal reforms enacted by the Congress islation come to pass. I also want to represents a long-overdue step toward during the past 50 years. pay tribute to former Democratic Con- ensuring both that legislative branch In Roman times it was said that the gressman Dick Swett of New Hamp- employees are treated fairly, and that people become more subservient to jus- shire who worked tirelessly in the last Members of Congress, as employers, are tice when they see the author of the Congress on behalf of this common held to the same standards that our law obeying it himself. That, in fact, sense legislation. I might add that it laws demand of private-sector employ- was the very principle cited by the gen- was a Democratic Congress which ers. tleman from Massachusetts [Mr. acted to advance this legislation, only Mr. Speaker, the charge that Con- TORKILDSEN] a few moments ago in to see it blocked by Republicans in the gress exempts itself from laws it passes Federalist 57 as drafted by James Madi- other body. for everyone else is one of the most fre- son, the father of our Bill of Rights. The Congressional Accountability quently heard criticisms of Congress, Although I suspect a vote on this Act simply requires that Congress and understandably so. It is simply matter will be bipartisan and over- abide by all the laws it passes. It’s a wrong to deny to congressional em- whelming, that should not cloud the proposal that is long overdue and one ployees the same kinds of employment recognition that but for the tremen- that will move Government closer to protections we grant to other employ- dous courage and tenacity of our col- the people. ees, and it is wrong to insulate our- league, the gentleman from Connecti- Politicians have set an unequal selves from the effects of these laws. cut [Mr. SHAYS], and the leadership of standard that put them above the peo- Last year, the House of Representa- our former colleague, Dick Swett, this ple. That was wrong. And, it helps to tives demonstrated that it was in over- matter would not be brought before the account for the growing disaffection in whelming agreement that workplace House this evening. the country. By passing this legisla- laws should apply by passing H.R. 4822, Mr. Speaker, I believe very strongly tion, the people are one step closer to the Congressional Accountability Act, that in our system of justice we cannot reclaiming this body, which has his- by a vote of 427 to 4. Those of us who H 98 CONGRESSIONAL RECORD — HOUSE January 4, 1995 are strong supporters of this legisla- much stronger, much improved version then, formal complaint and hearing. tion were hopeful—right up until the of the compliance legislation included An independent hearing board will re- last moment of the 103d Congress—that the Joint Committee’s bill. It applied view employee complaints, and upon a the momentum generated by our twice as many laws; ensured full cov- finding of liability, prescribe remedies strong showing on the vote would gal- erage of all employees of the legisla- consistent with those that are avail- vanize the other body to follow suit, tive branch; made the Office of Compli- able to private-sector employees under and that we would complete action on ance a more independent entity and the relevant law. Parties dissatisfied this legislation before adjourning. gave it more authority in the promul- with the outcome of the hearing would Unfortunately, that did not happen, gation of regulations; and ensured that have the opportunity to have a deci- and so we are back here today, on this employees would continue to be cov- sion reviewed by the Board of Direc- first day of the new Congress, consider- ered under the various laws we already tors. ing again a bill which rightly deserves apply here in the House until the new Laws which currently apply to House the high priority it has been given by regulations developed by the Office of employees shall continue to apply until the new House leadership. Compliance took effect. the laws made applicable under this Mr. Speaker, to briefly review the As a result, the bill before us, which resolution are in effect. background on this legislation: as reflects those improvements, provides This bill also requires the Office of Members are aware, in recent years, for the following: Compliance to study and recommend both the House of Representatives and First, there are 10 employment-relat- additional laws to be applied on a con- the Senate have attempted to apply ed laws that will be applied to the tinuing basis, and specifically to re- employment-related laws to Congress. House of Representatives. They are: view the availability of information in It has been a difficult endeavor because The Fair Labor Standards Act; the House and study the possible appli- we have had to construct a way to do Title VII of the Civil Rights Act of cation of the Freedom of Information so without breaching the separation of 1964; Act and the Privacy Act. The Office powers doctrine under the U.S. Con- The Americans With Disabilities Act; would also be responsible for educating stitution, which could occur if the ex- The Age Discrimination in Employ- Members, officers, and employees ecutive branch enforced these laws. ment Act; about their rights and responsibilities For the last 7 years, the House has The Family and Medical Leave Act; under the applicable laws. And, the Of- applied the Fair Labor Standards Act The Occupational Safety and Health fice would be required to compile and and other antidiscrimination measures Act; publish statistics on the use of the Of- to House employees through the Rules The Federal Labor Management Re- fice by House employees, and to de- of the House. As Congress has passed lations Act; velop a system for collecting informa- new laws, such as the Family and Med- The Employee Polygraph Protection tion on demographic data of employ- ical Leave Act, we have applied those Act; ees, and on employment in House of- new measures to the House as well. The Worker Adjustment and Retrain- fices. However, neither the range of laws ing Act; and Mr. Speaker, passage of this bill will we have applied to the House, nor the The Rehabilitation Act of 1973. make Members of the House signifi- manner in which they are applied, is These laws will be administered by a cantly more accountable for our ac- comparable to the application of laws new Office of Compliance, which would tions as employers. Perhaps just as im- to the private sector. Not all the laws replace the Office of Fair Employment portantly, it will give us a better un- that apply elsewhere apply to Con- Practices. The Office of Compliance derstanding of the effects of laws every gress, and our internal enforcement would be governed by a 8-member private-sector employer must live process does not provide adequate re- Board of Directors, all of whom would under and, hopefully, lead to more dili- course for aggrieved employees. In ad- be appointed jointly by the Speaker gence and care and accountability for dition, there are wide variations in the and the minority leader of the House, the laws we pass. I urge my colleagues coverage of laws among different and the majority and minority leaders to support this legislation. groups of legislative branch employees. of the Senate. The Office would consist Mr. SHAYS. Mr. Speaker, I yield 1 Establishing a new system for apply- of an Executive Director who is ap- minute to the gentleman from Michi- ing and enforcing these laws, and ex- pointed by the Board, and other staff. gan [Mr. UPTON], an original cosponsor panding and making uniform the range To help ensure the independence of this of the bill. of laws covering the legislative branch, new office, the bill prohibits appoint- Mr. UPTON. I thank the gentleman was one of the key recommendations of ing to the Board of Directors current for yielding this time to me. the Joint Committee on the Organiza- and former Members, current and Mr. Speaker, it is high time that tion of Congress, which reported those former House employees (unless their Congress starts to do what it asks ev- recommendations in November 1993. employment in the House was more eryone else to do: Live under its own The Joint Committee, drawing from than 4 years previous to their appoint- laws. When I walk into a restaurant in the original bill authored by the gen- ment), and lobbyists; the same restric- my home town in Michigan, the owners tleman from Connecticut [Mr. SHAYS], tions, except for lobbyists, will also of that restaurant must abide by a lit- and our former colleague from New apply to the Executive Director. any of Federal laws. The kitchen is Hampshire, Mr. Swett, recommended The Board will conduct a study of the regulated by OSHA, the doors and ta- applying 5 laws to Congress, with the way in which the laws should be ap- bles and chairs must abide by the possibility of applying more, and estab- plied to the Legislative branch, and Americans with Disabilities Act, and lishing a new, more politically insu- then follow that study with proposed the employees and managers are pro- lated entity, the Office of Compliance, regulations prescribing the application tected by the Fair Labor Standards which would be responsible for apply- of the laws to the House of Representa- Act, Age Discrimination in Employ- ing laws to the House, the Senate, and tives. Unless the House rejects the reg- ment Act, and the Civil Rights Act of other legislative branch entities. It ulations by resolution of disapproval, 1964 to name just a few. Each year we also recommended new procedures, those regulations will take effect. If pass more and more regulations on rights, and remedies for aggrieved em- they are rejected, the Board would re- American businesses. It is time for us ployees. issue new regulations. Eight laws will to start practicing what we preach, and Following hearings on this legisla- be applied at the beginning of 1996, and walk the walk. tion by the subcommittee on the Rules the remaining two (OSHA and the Fed- The House passed this bill before dur- of the House last spring, and with fur- eral Labor Relations Act) will be ap- ing the 103d Congress. Elements of this ther efforts by Representatives SHAYS, plied at the beginning of 1997, regard- measure were approved by a whopping SWETT, and others, the Joint Commit- less of whether regulations are promul- margin of 348 to 3. However, it was the tee’s recommended legislation was re- gated by that time. last vote of the very last day of the vised in several respects. The result The bill also establishes a process for 103d Congress. We have an opportunity was that H.R. 4288 as considered (and resolving alleged violations of the law: to act again on the issue on the very further amended) by the House was a first, counseling; then, mediation; and, first day of the 104th Congress. Let us January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 99 take advantage of this special time as former Speaker, has been, it seems to to the floor. In only 16 years, only one all of America watches and send a mes- me, unfairly maligned to some extent. Republican motion to recommit passed sage back home that we are willing to Let us contrast the way we passed in 16 years. That is a crime, and that live under the laws that we make. On this bill, and we passed this bill, as the should not happen from our side to the the day we perhaps cut Congress’ budg- gentleman from Connecticut has been now-minority either. et by $50 to $100 million, let us do the very decent in pointing out, under Tom I would say to my colleagues, Yes, same thing, impose the same rules on Foley’s leadership; but we passed it not fight. I did not vote for a single closed us as on everyone else, the same laws in the middle of the night. I understand rule in 4 years unless it had been that we ought to live under. we are here at 10 after 1 in the morning cleared by the majority and the minor- Mr. HOYER. Mr. Speaker, I yield 1 because we are in the midst of this rev- ity, and I would fight for continued minute to the gentlewoman from Geor- olution, we are going to work hard ex- open rules in most cases. The king-of- gia [Ms. MCKINNEY]. cept we are taking off now, I gather, the-hill rule in which not a single Re- Ms. MCKINNEY. I thank the gen- for about 10 days. So we stay up late at publican win was recorded because the tleman for yielding this time to me. night, rush this bill through, no outcome was afforded before it ever got Mr. Speaker, to paraphrase Yogi amendments are allowed, no discussion to the floor, and that is not in the best Bera, its de´ja` vu all over again. This will come through. Members are aware, interests of the minority or the major- bill ought to look familiar because this for instance, and I am in favor of this, ity. House overwhelmingly passed it last but it says in here no Member of Con- Most of the problems that I have seen year. I am happy to vote for congres- gress will be personally liable for the in the last 4 years have come out of the sional compliance 25 times if need be. payment of compensation. I think that leadership, not just the Democratic makes sense. Mr. Speaker I find it ironic that on leadership, and I think the challenge is the day we cut committee staff by a b 0110 to the gentleman from Missouri [Mr. third and put thousands of people out I do not think all the Members have GEPHARDT] and the gentleman from of work we celebrate. Mr. Speaker, I had a chance to talk about this. This Georgia [Mr. GINGRICH] to make sure also find it ironic that as we cut the bill does not apply the Freedom of In- that as much as possible the political committee staff by a third, the office formation Act to Congress. It says we rhetoric is taken out of these bills. budgets of the new Speaker and the will study it. I think that is a sensible Mr. Speaker, I rise in strong support new majority leader have increased by thing, but those are things that ought of this bill. It has bipartisan support, nearly 50 percent. to be talked about. and, no, it is not perfect. But I would Mr. Speaker, it is important that we This bill, unlike the bill we had be- ask my colleagues to support it. enact this legislation that protects em- fore, allows Members to use federally Mr. SHAYS. Mr. Speaker, I yield 1 ployees. funded frequent flyer miles, and that is minute to the gentleman from Califor- Mr. SHAYS. Mr. Speaker, I yield 1 not easy to say for me. It allows those nia [Mr. RIGGS], and I welcome him minute to my friend and colleague, the to be used for personal use. Now people back to this Chamber. gentleman from Massachusetts, Mr. in the private sector cannot do that. Mr. RIGGS. Mr. Speaker, I thank the PETER BLUTE. What we are doing with this is giving gentleman from Connecticut [Mr. Mr. BLUTE. Mr. Speaker, I thank my good intentions a bad name. SHAYS] for yielding this time to me, good friend and neighbor from Con- Yes, it is a good bill. It is a good bill and I realize the hour is getting late, necticut for yielding this time to me. when we worked it out last year. Typi- colleagues. I can even hear some audi- Mr. Speaker, tonight this is a very cally the gentleman from Connecticut ble snoring, so I will take less than my important issue that we deal with. It is [Mr. SHAYS] tries very hard to be bipar- minute and just point out tonight we true that the Shays act is about ac- tisan, but sometimes, I guess, there are are ending the double standard that countability and the arguments about constraints. This is an all partisan has existed for more than 50 years in the particulars of the bill have been sponsorship. This bill was bipartisan this institution and in the process that made ably by Members of the both par- until now. What we have got is this we are demonstrating to the people ties. It is a true bipartisan effort that silly insistence of rushing this bill that we are willing to change in that we deal with tonight. through with no amendments at 1 Congress no longer considers itself But there is one more important as- o’clock in the morning when we are above the law. The Congressional Ac- pect of the Shays act that I think we about to take 10 days off and do abso- countability Act should be approved, should focus on as we cast our votes. lutely nothing so the Republicans can and I am heartened to see the biparti- Tonight we have an opportunity to do take something that was passed under san support for this legislation. something about the perception out Democratic leadership last year and I thank the gentleman for yielding and con- there in the land that Members of Con- claim authorship of it. gratulate him on his leadership. House action gress are somehow a privileged elite. Mr. Speaker, they are lucky that one on the Congressional Accountability Act is We have an opportunity to do some- particular bill does not apply to Con- long overdue. thing about the view of our constitu- gress, the copyright laws, because if it Mr. Speaker, in the 102d Congress, I had ents that somehow we are above the did, this example of intellectual theft the privilege of serving as chairman of the law. We have an opportunity to show and attempted partisan piracy would congressional coverage coalition. We contin- our constituents that we are not in a be ruled illegal. ually attempted to bring Congress under the distant capital and not understanding Mr. SHAYS. Mr. Speaker, I yield a same employment laws as the rest of the of their real-world problems. minute and a half to my colleague, the country, but we were stymied in our efforts. Worst of all is the perception that gentleman from California [Mr. We sought to cover Congress under the the Congress is an arrogant institu- CUNNINGHAM]. Family and Medical Leave Act, but were pre- tion. We have an opportunity tonight Mr. CUNNINGHAM. Mr. Speaker, I vented by the Rules Committee from even of- to deal with that issue. Let us take the think the gentleman from Connecticut fering the amendment. We wanted to bring first step by passing the Shays act and [Mr. SHAYS] for yielding this time to staff under statutory civil rights protections, but begin to rehabilitate the reputation of me. were similarly rebuffed. Again, we weren't our great institution. Mr. Speaker, how interesting it is to even given a chance to debate the merits and Mr. HOYER. Mr. Speaker, I yield 2 note the tone of the debate for this last vote. minutes to the gentleman from Massa- bill this evening. Most of it has been These amendments were offered at a time chusetts [Mr. FRANK]. spoken in bipartisanship, and I say when Congress was being described by the Mr. FRANK of Massachusetts. Mr. that it is music to the ears of most. I media as ``peak city;'' as a place out of touch Speaker, I want to thank the gen- think even the old bulls, and the young with the real world; andÐmost damning of tleman for yielding this time to me. freshmen, and the sophomores, and allÐwas the ``imperial Congress.'' Mr. Speaker, I want to reiterate my juniors—I look at for 4 years of floor People reacted with boiling anger when sto- objection to the procedure by which we action where the outcome, most of it ries such as the House bank and House din- are dealing with this. Tom Foley, our was predetermined before it ever came ing room fiascoes became public knowledge. H 100 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Many Members of Congress just couldn't unscrupulous competitors. We should only as spoken in debate. Absent a understand why the public was so aroused. be required to defend our actions in the unanimous consent permission to ex- Congress was desensitized. same manner as the people in the pri- tend and revise remarks, a Member Americans who run businessesÐgreat and vate sector. Plus, members of Congress may not include any additional portion smallÐmust comply with burdensome regula- are not willing to grant similar exemp- of the remarks not actually uttered on tions. It is unconscionable that Congress ex- tions from the laws to elected state the floor either by way of revision or empted itself from every major employment and local officials or to their political extension. By obtaining unanimous and civil rights law it passed. challengers. consent to revise and extend, a Member Businesses have long complained about bu- So what will Congressional compli- will be in effect able to relax the other- reaucratic overregulation. One likely reason ance allow? First, this Congress would wise strict prohibition contained in that Congress has not been responsive is that again become a citizens legislature. clause 9 of rule XIV, but only in two re- it has not been subject to these same de- Why, because we would become true spects: No. 1, to revise and/or to make mands. citizens again. We would have to live technical, grammatical and typo- Those who want to continue the status quo under the rules which we have imposed graphical corrections; and, 2, to extend will say that employees have protections in the on everyone else. Congressional com- remarks, and this is the key point. House. They will point to the Office of Fair pliance makes Members of Congress be- Mr. FRANK of Massachusetts. Well, Employment Practices. come members of their community and further parliamentary inquiry. It is true that such an office was created in see how government rules and regula- The SPEAKER pro tempore. Let me response to earlier scandals. But House em- tions affect people’s lives. Just maybe, finish. Two, to extend remarks which ployees are denied the right given to other this bill will make Congress stop and have not been actually uttered in de- workers to appeal adverse decisions in Fed- ask the question ‘‘If this law is too bur- bate, which remarks would appear in eral court. densome for the U.S. House, then distinctive type style and could not be We may also be told that Congress has maybe it is too burdensome for every- confused with remarks actually ut- treated itself differently ``to preserve separation body else.’’ tered. of powers.'' Isn't this the same argument that That is why I want to encourage all Thus the unanimous consent permis- has been made by Members who tried to insu- my colleagues to support H.R. 1. This sion would not permit prepared or re- late themselves from criminal charges? And bill will make us accountable to all the vised remarks not actually uttered in haven't the courts routinely rejected that argu- legislation we have passed. debate to be substituted for remarks ment? Mr. SHAYS. Mr. Speaker, I yield actually uttered, but would only per- Today we are ending a double standard that such time as he may consume to the mit the supplementation in a distinc- has existed for more than 50 years. gentleman from Pennsylvania [Mr. tive type style to follow all the re- We are demonstrating to the people that we FOX]. marks actually uttered. In no event are willing to change, and that Congress no (Mr. FOX asked and was given per- would the actually uttered remarks be longer considers itself above the law. The mission to revise and extend his re- removable. The Chair will direct the Congressional Accountability Act should be marks.) Committee on House Oversight to pro- approved. Mr. FOX. Mr. Speaker, I rise in sup- mulgate rules for printing of the CON- Mr. SHAYS. Mr. Speaker, I yield 2 port of the bill. GRESSIONAL RECORD consistent with minutes to the gentleman from Colo- I stand in strong support of the this interpretation. The RECORD will rado [Mr. ALLARD]. I point out to Mem- Shays Act. carry a daily notice to all readers to bers here that he was a member of the In the last 40 years, Congress has not this effect. Joint Committee on the Organization been required to live under the laws it b of Congress that championed this legis- passes. 0120 lation. Passage of the congressional ac- Mr. FRANK of Massachusetts. Mr. Mr. ALLARD. Mr. Speaker, change countability law will change all that. Speaker, continuing my parliamentary has been the key word the last couple It is both fitting and proper that this inquiry, if a Member then says ‘‘I ask months and today it truly began. The fundamental reform be the first bill unanimous consent to revise and ex- Congressional Accountability Act is adopted by the 104th Congress which tend and I oppose the bill,’’ he cannot the first big step! There are many rea- can and should receive unanimous bi- change that wording, is that correct, sons to support this legislation, but partisan support. except to add punctuation, like an ex- some still have their reservations PARLIAMENTARY INQUIRIES clamation point? Is it correct that that about complying with the same laws as Mr. FRANK of Massachusetts. Mr. wording would then appear? Then as I all other Americans, so I want to ad- Speaker, I have a parliamentary in- would understand it, if this is correct dress some of the myths surrounding quiry. further, anything beyond that would Congressional Accountability. The SPEAKER pro tempore (Mr. appear in a distinctive typeface. One argument concerns the constitu- EHLERS). What is the gentleman’s par- Mr. Speaker, would it indicate it was tional separation of powers between liamentary inquiry? not uttered on the floor, or would it the three branches of government. This Mr. FRANK of Massachusetts. Mr. just be a distinctive typeface? is based on the concern over executive Speaker, the House just adopted a rule The SPEAKER pro tempore. The gen- and judicial branch oversight of Con- sponsored by the Republican Party tleman is correct. The distinctive type- gress. If this were a problem, then the which says that the CONGRESSIONAL face would pertain to the comments executive branch would be exempt as RECORD will from hereon be a substan- turned in to the Clerk. well and the Supreme Court would tially verbatim transcript, so when the Mr. FRANK of Massachusetts. Mr. have upheld this separation in prece- gentleman from Pennsylvania [Mr. Speaker, further parliamentary in- dent cases. However, the opposite is FOX] asks unanimous consent to revise quiry. The Chair explained anything true, the executive must comply and and extend, I do not know what he uttered could not be changed, but the Supreme Court has never upheld could revise. something not uttered could be in- this idea. As I understand the rule, it says one cluded in a separate typeface. So if one I have also heard the claim that can make punctuation and grammati- wanted to get a perfect set of remarks elected officials, especially members of cal corrections, so are we adding semi- in, would one not be better advised not Congress, are uniquely vulnerable to colons? I mean what will appear in the to utter anything because you could charges against them and their jury RECORD as a result of that request be- not change the utterance, but instead, would be an angry electorate. In my cause we have a new rule now? I would put it in in writing. mind, political vulnerability is no dif- like to know what would appear in the The SPEAKER pro tempore. That ferent from economic vulnerability. RECORD. would generally be a wiser course of ac- This reaction is no different from the The SPEAKER pro tempore. In the tion. complaints of private sector employers opinion of the Chair the new standing Mr. FRANK of Massachusetts. Mr. facing complaints or suits from dis- rule of the House establishes a stand- Speaker, further parliamentary in- gruntled employees, labor unions, or ard for the actual remarks to appear quiry, and I think Members should be January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 101 aware of this, because this is a new The last time the House dissolved a standing upon us as Members of Congress. I rule for Members who have been here committee was 1947. That is going to change think that with the passage of this bill, for a while. As I understand it, rising beginning today. that Members will recognize that fact, and asking for unanimous consent to Three committees will be shut downÐMer- that we are going to have to live under revise and extend your remarks and chant Marine and Fisheries, Post Office and these. We might be a little more cau- saying you are in opposition, gives you Civil Service, and the District of Columbia tious. the right to be in the RECORD to say committee. Committee chairs will be required Second, I would point out that we only that and nothing further, except to eliminate an additional 25 subcommittees, ought to, as we begin to live under in a typeface that indicates you were and committee staff will drop from nearly these laws, we are going to realize that not speaking. Is that correct? 2,000 this year to about 1,300. the Fair Labor Standards Act, the Civil The SPEAKER pro tempore. That is Legislative Service Organizations are Rights Act, and other laws we have ex- the Chair’s understanding. groups for like-minded members supported by empted ourselves from, are rather Mr. SHAYS. Mr. Speaker, I yield congressional staff, housed in congressional weighty. They are weighty on the pri- such time as he may consume to the buildings, and often spending the taxpayers' vate sector, and they are going to be gentleman from Iowa [Mr. GANSKE]. money with little or no accountability. This type very difficult for all of the Members to (Mr. GANSKE asked and was given of abuse is one reason the public distrusts our comply with under our current struc- permission to revise and extend his re- government. Well, no more. These organiza- ture. So we are going to have two marks.) tions will be eliminated. choices, and we ought to have a debate Mr. GANSKE. Mr. Speaker, I rise in These reforms are just the beginning. Any support of the bill. institution that is not constantly reforming itself about whether we should continue to Mr. Speaker, let me say, first, what a privi- in the face of changing times will soon col- live under the laws as they were draft- lege it is for me to join this great body, and I lapse. I say to my colleagues, Democrat and ed, or whether in fact we ought to go want my children to be proud also. That is Republican, that these reforms are dramatic back and listen to what the American why we should pass this bill. It is the right and historic, but they are just the beginning of people said on November 8 when they thing to do. Congress should operate under a long journey to redeeming the reputation of said Government is too big, it spends the same laws everybody else doesÐit is only the U.S. Congress. too much, and is too intrusive, and fair. But more importantly Congress will learn I look forward to working with my colleagues maybe we ought to look at some of the practical consequences of these laws. to continue to bring new changes to this insti- those laws and revise a lot of them. Prior to November 8, I was a surgeon, essen- tution, today and well into the future. Let me also say as we begin to close tially running a small business. When Con- Mr. SHAYS. Mr. Speaker, I yield 1 this debate tonight, that as this open- gress has to deal with the same laws and reg- minute to the gentleman from Califor- ing day comes to a close, we have lived ulations that small businesses do, I predict nia [Mr. ROYCE]. up to the first part of our Contract that we will modify many of the laws in a more (Mr. ROYCE asked and was given per- with America. We have had real reform commonsense way. I urge you to vote for this mission to revise and extend his re- of the people’s House. And just as im- bill. marks.) portant as that was, today we did that Mr. Speaker, it is very fitting that my first Mr. ROYCE. Mr. Speaker, I rise in in a very bipartisan manner. And I floor statement as the new Representative of support for a longstanding Republican hope that as we continue over the next the Fourth District of the State of Iowa is initiative that we have waited many 99 days, we will continue to pass the about congressional reform. years to see become law. It would put rest of the Contract with America in Congressional reform was a major concern into permanent law section 108 of the this same spirit of bipartisanship. to the voters in last November's elections, rules changes which we just adopted. Mr. HOYER. Mr. Speaker, I yield my- throughout the country and specifically in the Simply put, it will subject Congress to self such time as I may consume. Fourth District of Iowa. Citizens concerned the same laws that we apply to every- Mr. Speaker, in November there were about the future of this country insisted that one else. I call it the golden rule. No 435 contracts made in each of our dis- American should be immune from the Congress needed to reform itself and make tricts, and we came here to represent law or receive special treatment in its the Federal Government responsive to the as best we can the aspirations and the people. The voters demanded control of their application, but that is what Congress hopes of our constituents. government. has done by routinely exempting itself I would hope that as we proceed, that Today, on this first day of the 104th Con- from the very laws it imposes upon we together work to merit and prop- gress, I am proud to say to the people of the others. erly explain this institution so that we Fourth District of Iowa, that the new Repub- A double standard is a symbol of the can merit the respect of the American lican majority is doing just that. arrogance of power which epitomizes Today, I will be voting for nine major re- Washington for so many citizens. It public. forms of this institutionÐreforms that are long will also spur lawmakers to review I want to tell my new friends on both overdue. Reforms that will forever change the more carefully the laws they pass. sides of the aisle who have come here way business is done in Washington. These In summary, if we pass it, we have to that we spend a lot of time in this in- reforms include: Applying all laws to Con- live by it. I urge an aye vote. stitution denigrating this institution. gress; cutting the number of committees and Mr. SHAYS. Mr. Speaker, I yield 2 We have 435 campaigns that spend mil- subcommittees; cutting committee staff by a minutes to the gentleman from Ohio lions of dollars, and on both sides of third; opening committee meetings to the pub- [Mr. BOEHNER]. the aisle we tell the American public lic; limiting the terms committee chairmen can Mr. BOEHNER. Mr. Speaker, my col- how bad this institution is. serve; banning proxy voting in committees; re- leagues, I am going to congratulate That is a disservice. It is a disservice quiring a three-fifths majority to increase in- Members on both sides of the aisle for to this institution, and it is a disserv- come tax rates; ending phony accounting by the work they have put into this bill ice to our democracy. It is no wonder restoring honest numbers and zero baselines over the last several sessions. The gen- that the American public has come to to the Federal budget process; and announc- tleman from Connecticut [Mr. SHAYS] believe that this institution is not as ing a comprehensive independent audit of the has been particularly active and has good as I believe it to be, having served House books. done a great job, along with the gen- here for 14 years, and is peopled by in- The House of Representatives will no longer tleman from New Hampshire, Mr. dividuals of integrity, patriotism, and exempt itself from the laws they write. The Swett, in the last session. It is about commitment to the common good. Congressional Accountability Act ensures time this bill has come to the floor so We have differences. But few of my Members of Congress must observe employ- we can actually get it implemented. colleagues on either side of the aisle I ment laws, occupational health and safety But I hope there will be two things believe do not have their constituents’ laws, as well as other laws. If the American that come as a result of this legislation best interests at heart and want to people have to live under these laws, it is high actually being enacted. First is that serve the best interests of their coun- time that Congress do the same. Members will begin to realize when we try. In the last 25 years, the Democrats have in- are drafting bills and we are building I say that in the context that many creased the budget of the Congress by 700 bills here on the floor, that the full of these laws do in fact apply to the percent and tripled the size of committee staff. weight of these bills will in fact fall Congress. What they do not do, as has H 102 CONGRESSIONAL RECORD — HOUSE January 4, 1995 been observed, is give the redress that As we pass H.R. 1, we keep another prom- tating list of professionals recommended by is given in the private sector. ise to AmericaÐto end the double-standard the Administrative Conference of the United That has been done for some very le- congressional exemption regarding civil rights States and the Federal Mediation and Concil- gitimate reasons in terms of the sepa- and employee protection laws. As a small iation Service. The independence of the fact- rate but equal status of this body with businessperson and cosponsor of this legisla- finding process from control of the House is the executive department which is tion, I fully support the three principles behind extraordinary for a legislative body and does called upon in other instances to en- the Congressional Accountability Act: great honor to the House. force these statutes. And determina- If a law is right for the private sector, it is I hope that this time Members in the major- tion has been made that it would be in- right for Congress; ity will insist that Republicans in the Senate appropriate to subject one coequal Congress will write better laws when it has take the lead of their Republican colleagues in body to regulation by another coequal to live by the same burdens it imposes on the the House and make the Congressional Ac- body. In fact, this very legislation, private sector and local governments. countability Act the law of the land. which is bipartisan in nature, addresses And we do so by respecting the separation I am pleased to support H.R. 1. that concern and sets up an Office of of powers embodied in the Constitution and Mr. FRANKS of Connecticut. Mr. Speaker, Compliance within the Congress. provide appeals to the courts. today I rise in support of H.R. 1, the Congres- So as we in a bipartisan fashion pass Mr. Speaker, I have experienced first hand sional Accountability Act. This bill is the first this piece of legislation, which some from a business standpoint the financial bur- believe will show how onerous are the dens imposed by excessive unfunded Federal step toward fulfilling the Republican pledge to protections we have extended to em- mandates such the Family and Medical and the American people to demonstrate our sin- ployees, and some of us believe how ap- Leave Act, OSHA laws, and the Americans cerity about changing the way we conduct propriate it is to extend to our own em- with Disabilities Act. business in this body. For over 100 years, be- ployees the protections for their safe- As we close this historic first day of the ginning with the first exemption from the Civil ty, for their health, and for non- 104th Congress, having significantly reformed Service Act of 1883, Congress has absolved discrimination that we have extended the rules by which this institution operates, it itself from laws which apply to private employ- to employees throughout this country. is appropriate that we bring these laws to bear ers and other Government employers. The b 0130 on us as we have imposed them on others. American people are not fooledÐthey recog- Hopefully, this will provide the discipline we nize hypocrisy when they see it. It's no sur- So I join my friend, the gentleman need to better scrutinize future bills in terms of prise that a majority of the American people from Connecticut [Mr. SHAYS]. I regret, costs and excessive Federal intervention in consider us to be an elitist, privileged, out-of- frankly, that my friend, the gentleman our lives. touch group of individuals who can not recog- from New Hampshire, Mr. Swett, is not I urge my colleagues to vote for passage of nize that it is wrong to require compliance here. H.R. 1. from the entire NationÐexcept for ourselves. I congratulate all those, the gen- Ms. NORTON. Mr. Speaker, my thanks to Thanks to the Republican leadership, we now tleman from Pennsylvania [Mr. GOOD- Representative CHRIS SHAYS for not giving up have a chance to change our imageÐto show LING], the gentleman from Indiana [Mr. on H.R. 1, the Congressional Accountability HAMILTON], and others who have been the American people that we too will accept involved in bringing to fruition this Act. The gentleman from Connecticut should the responsibility for complying with the laws very difficult piece of legislation. feel doubly rewarded since this very bill that we pass for the rest of America. I want to reiterate the remarks of passed the House once beforeÐduring the The bill before us today applies 10 laws to the gentleman from Massachusetts 103d Congress. Since the Senate chose to this bodyÐthe Fair Labor Standards Act; title [Mr. FRANK]. Speaker Foley, knowing turn it down, we are doing the right thing in VII of the Civil Rights Act of 1964; Americans full well that this was a difficult piece proceeding without hesitation to enact the with Disabilities Act; Age Discrimination in Em- of legislation, nevertheless said, ‘‘We Congressional Accountability Act again today. ployment Act; Family and Medical Leave Act; are going to bring it to the floor. I As a member of the Joint Committee on the Occupational Safety and Health Act; Federal want to see this legislation passed.’’ In Organization of the Congress, I took a special Labor Management Relations Act; Employee August we did and it was passed. Unfor- interest in applying our laws to Members. I felt Polygraph Protection Act; Worker Adjustment tunately, it did not pass into law, but obligated to do so as a past chair of the Equal and Retraining Notification Act; and the Reha- fortunately for us, in a bipartisan fash- Employment Opportunity Commission, which bilitation Act of 1973. The newly created Office ion we can act tonight to do what is has jurisdiction over many of the laws at issue of Compliance will develop regulations to right. today in this bill. Give the House credit, how- apply these laws to Congress which are con- Mr. Speaker, I yield back the balance ever, for having years ago applied these laws sistent with application in the private sector. A of my time. to itself. What has been missing was not the four-step process is established to address Mr. SHAYS. Mr. Speaker, I yield my- laws but an enforcement mechanism inde- employee complaints. If, after the mediation pendent of the House. I am particularly proud self the balance of my time. process, the complaint is not resolved, the ag- that this mechanism is the central contribution Mr. Speaker, I would conclude and grieved employee may seek redress in U.S. of the Congressional Accountability Act. not use all of my time, but would District Court for alleged violations. This bill more than meets the standard set thank the Members for their gracious- I am confident that the legislation before us by those who sought passage of a law to ness, and particularly thank the gen- today will strengthen our credibility with the tleman from Maryland [Mr. HOYER] for apply congressional acts to the Congress it- self. H.R. 1 sets a higher standard. For exam- American people. It is time for this body to ac- taking the place of the gentleman from cept that we can no longer treat ourselves as New Hampshire, Dick Swett, in this ple, H.R. 1 allows employees to go imme- a privileged body unaccountable for actions important debate. I thank him from diately to court or to an administrative hearing which violate the laws of this Nation. the bottom of my heart for treating it to initiate a claim of discrimination. As a law- I look forward to passage and implementa- with such seriousness. yer and former professional in the field, I have I say to my Members that behind the some reservations about eliminating the useful tion of this bill. Speaker is the flag of the United and ancient rule that claimants exhaust admin- Mr. FAWELL. Mr. Speaker, the concept of States. The American people revere istrative remedies before proceeding to more applying the laws of the land to Congress has that flag, but that flag is a symbol. It costly and cumbersome court processes. The been one which I have been fighting for since is a piece of cloth that represents so courts are already clogged. These days they I first came to Congress. This is why I am much. Our Founding Fathers estab- should be reserved as much as possible for pleased to see a bill on the floor of the House lished in the Constitution this body, matters such as criminal trials. Cost-free ad- which attempts to achieve this goal. The bill the people’s body. My hope and prayer ministrative resolution of claims of the kind en- before us today, H.R. 1, the Congressional is that the American people will re- compassed by H.R. 1 is always less expen- Accountability Act, is a good step in the direc- spect Congress as much as they respect sive and often far more yielding of appropriate tion of true congressional coverage, and it is the American flag. remedies in shorter periods of time. very similar to the bill of the same name which Mr. DICKEY. Mr. Speaker, I rise in strong Nevertheless, if this bill passes we must cel- was passed by the House last August. Both support of H.R. 1, and I am proud to have ebrate the choice to allow Members and em- measures have been a long time in coming. been an original cosponsor last Congress and ployees to submit to an administrative process The hypocrisy of Congress in exempting it- again this Congress. where hearing officers are selected from a ro- self from the very laws it imposes on others is January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 103 so obvious, that one wonders how the practice ployer in trial court for damages. In this day Mr. TRAFICANT. Mr. Speaker, I rise in so long managed to escape wide criticism. In and age, these employee rights are what put strong support of the Congressional Account- the last few years, however, we have seen a the ``teeth'' into many of our private sector ability Act and applaud those leaders on both change in the long-standing attitude that Con- labor lawsÐand in ever increasing frequency, sides of the aisle for bringing this legislation gress is so unique and so different that it sim- Congress is expanding these rights. forward in the House. In the 103d Congress, ply must be afforded special exemptions, even Mr. Speaker, with regard to one of the laws Democrats and Republicans in the House from employment laws, or it could not function; included in H.R. 1, the Family and Medical acted responsibly and passed this important and those of us who once felt alone in the wil- Leave Act, I am pleased today to see that and long overdue legislation. I am pleased derness in urging Congressional coverage Members will be supporting the correct posi- that it is one of the first orders of business in now have welcome company. The reality is tion on its application to CongressÐa position the 104th Congress. that the public is fed up, and Congress has which was not accepted when I offered my One of the reasons I strongly support this been reacting. I am very pleased that the Re- motion to recommit the FMLA bill when it was legislation is that it willÐfor the first timeÐex- publican Leadership is bringing H.R. 1 to the considered by the House in 1993. My motion tend Federal labor law to the U.S. Capitol Po- floor today, as the first bill to be passed as would have allowed Congressional employees lice. part of the Contract With America. to use judicial remedies in the FMLA's en- For the past 2 years, I have waged a lonely In my years in the House, it has become in- forcement and would have allowed Members struggle to get the House leadership to ad- creasingly clear that Congress, in its imperial to be sued in Federal court for violations of dress the serious morale problem which exists wisdom, too cavalierly and too eagerly, contin- the Act. H.R. 1 does, with the exception of al- on the U.S. Capitol Police. Over the past 10 ues to place layer upon layer of regulatory re- lowing punitive damages and Member liability years, dramatic progress has been made in quirements on the private sectorÐwithout any for wrongdoing, achieve the same result that I transforming the Capitol Police form a patron- deep understanding for what it is doing. Con- attempted to accomplish with my motion last age club to one of the best trained and most gressional coverage is vitally important be- year. professional law enforcement agencies in the cause it will help Congress to adopt credible, H.R. 1, however, although it provides major country. unfortunately, the upgrades in training effective and workable laws which affect ev- improvements in terms of employee rights, still and professional standards have not been eryone else in the United States and will allow is still very deficient in the area of employer matched by parallel advances in labor or man- Congress to truly feel the pain of the impact accountability. Under this bill, all Members of agement policies. I have found instances of of these laws. If the statutes don't apply to us, age, sex, and racial discrimination. I have Congress, Senators, and heads of employing how in the world are we supposed to know found that in all too many instances manage- offices are totally shielded from any financial how they will work in the real world outside of ment is petty, unsympathetic, and incom- liability resulting from wrongdoing, even in the beltway? petent. The Capitol Police Board has made proven cases of egregious violations of the Mr. Speaker, H.R. 1 sets up a Congres- some important changes, but has done noth- law. This is a step back from the current pro- sional Office of Compliance which would be ing to address the fundamental structural cedures of the existing House Office of Fair required to issue regulations to implement the problems that exist. For example, the Employment Practices, which provide for application of 10 laws to Congress. Although ombudsperson they established to hear com- award payments from Members' office ac- there is no committee report language accom- plaints and grievances reports directly to man- counts. The bill also sets up a separate fund panying this bill, it is my understanding that agement, and is perceived by the rank and file and provides for government-paid attorney the bill's sponsor, my colleague, Mr. SHAYS, is as a tool of management and not as an objec- looking to the August, 1994, report language representation, no matter how outrageous the tive third party who can resolve problems. which accompanied last year's legislation, to behavior or allegations in question. In addition, The 3-day demonstration on the steps of the provide guidance to the Office of Compliance. H.R. 1 expressly excludes awards of punitive Capitol in February 1994 was proof positive This report language directs that the Compli- damages. Where is the sting here? If only pri- that the morale problem is widespread, and ance Office should implement the specific pro- vate sector companies were lucky enough to not simply a matter of a few disgruntled offi- visions of the laws listed in the act to the have this arrangement! cers making a lot of noise. There is a serious greatest extent possible, and that it is not the In the final analysis, the lack of employer problem and Congress can't ignore it. act's intent that existing law be reinterpreted. accountability in this legislation will likely result Many of the problems on the force could be I very much agree with Mr. SHAYS on this in additional litigation against Congressional effectively addressed simply by giving the rank point. employers, because the ``deep pocket'' of the and file what every other Federal law enforce- I am also heartened by the fact that the Oc- governmentÐthe taxpayersÐwill pay for any ment agency has: collective bargaining rights. cupational Safety and Health Act is one of the damages or attorney fees which are awarded. As a Democrat, I am ashamed of the fact that statutes which will be applied to Congress. In Mr. Speaker, despite these defects in the the party of the working man and woman has 1993, I introduced the Congressional Safety bill, it is still an improvement over the current turned its back on the brave officers who pro- and Health Act (H.R. 3458) to extend OSHA situation. I would also hope that the short- tect and serve them every day. protections to employees of the House and its comings I mentioned can be addressed in With passage of the Congressional Account- instrumentalities. Last year's Report language conference with the Senate. There are many ability Act, Congress has the opportunity to suggests an approach which is modeled after members who should be thanked for their right this wrong. The act would afford the U.S. my bill, to ensure that OSHA enforcement work on this issue, but I would like to specifi- Capitol Police with the same labor rights as mechanisms are applied to Congress that mir- cally recognize several of my colleagues: Mr. other Federal law enforcement officers. ror, as closely as possible, those found in the SHAYS for his perseverance in promoting their The legislation would allow for a 2-year private sector. legislation; Mr. DREIER and Mr. HAMILTON for grace period before the Capitol Police would With regard to remedies available to ag- their work in the Joint Committee on the Orga- be permitted to collectively bargain. I intend to grieved employees, H.R. 1 copies the private nization of Congress, on which H.R. 1 is ask the Speaker and other congressional lead- sector process in allowing private law suits in based; Mr. GOODLING, the new Chairman of ers to waive this provision and afford the rank court, with jury trials, where the underlying law the Economic and Educational Opportunities and file the right to collectively bargain imme- allows for such law suits. In my view, this is Committee who introduced legislation in 1993 diately. I would also strongly recommend that a very important provision in the bill, because which guided the authors of H.R. 1 and en- action be taken to fully professionalize the Congressional employees should be entitled to sured that we have a better product before us management of the force so that the officers the same type of damages as private sector today; and finally, the new Republican Leader- are being led by experienced and competent employees under the relevant laws. shipÐSpeaker GINGRICH and Majority Leader managers. I must emphasize that if Members of Con- ARMEY for having the wisdom and the fore- By acting swiftly on this issue we will be gress and Senators are not subjected to the sight to include Congressional coverage as sending a positive message to the rank and same employee remedies which exist under part of the Contract With America. file thatÐat long lastÐthose who run the many of the laws of the land, especially in the I only hope that the Senate will follow our House care about the men and women who area of ``place-of-employment'' labor law, then lead and will pass similar legislation in the protect the House. we will not have true Congressional coverage near future so that we may go to conference In closing, Mr. Speaker, I urge my col- of these laws. This is not very well known, be- and send a bill to the President this yearÐone leagues to support the Congressional Ac- cause Members are currently exempt from the that provides a real and workable mechanism countability Act. most important aspect of many private sector for making Congress subject to the same laws Mr. SHAYS. Mr. Speaker, I yield laws, the right of employees to sue the em- it mandates on the private sector. back the balance of my time. H 104 CONGRESSIONAL RECORD — HOUSE January 4, 1995 The SPEAKER pro tempore (Mr. Kanjorski Moorhead Serrano include therein extraneous material, Kaptur Moran Shadegg EHLERS). Pursuant to section 108 of Kasich Morella Shaw on H.R. 1, the bill just passed. House Resolution 6, the previous ques- Kelly Murtha Shays POINT OF ORDER tion is ordered. Kennedy (MA) Myers Shuster Mr. FRANK of Massachusetts. Mr. The question is on the engrossment Kennedy (RI) Myrick Sisisky Kennelly Nadler Skaggs Speaker, a point of order. I would and third reading of the bill. Kildee Neal Skeen think that that motion would be that The bill was ordered to be engrossed Kim Nethercutt Skelton Members would have 5 days to extend and read a third time and was read the King Neumann Slaughter their remarks, but under the new rules third time. Kingston Ney Smith (MI) Kleczka Norwood Smith (NJ) I do not see how they could revise re- The SPEAKER pro tempore. The Klink Nussle Smith (TX) marks unmade, so Members would be question is on the passage of the bill. Klug Oberstar Smith (WA) allowed to extend. But I think under The question was taken; and the Knollenberg Obey Solomon Kolbe Olver Souder the new rule giving Members the Speaker pro tempore announced that LaFalce Ortiz Spence chance to review unmade remarks is the ayes appeared to have it. LaHood Orton Spratt out of order, and they could only ex- Mr. SHAYS. Mr. Speaker, on that I Lambert-Lincoln Owens Stearns tend in a different typeface. demand the yeas and nays. Lantos Oxley Stenholm Largent Packard Stockman Mr. SOLOMON. Mr. Speaker, might I The yeas and nays were ordered. Latham Pallone Stokes be heard on the point of order? The vote was taken by electronic de- LaTourette Parker Studds The SPEAKER pro tempore (Mr. vice, and there were—yeas 429, nays 0, Laughlin Pastor Stump Lazio Paxon Stupak LAZIO of New York). The Chair would not voting 5, as follows: Leach Payne (NJ) Talent advise that Members’ remarks can only [Roll No. 15] Levin Payne (VA) Tanner Lewis (CA) Pelosi Tate be revised for technical reasons. YEAS—429 Lewis (GA) Peterson (FL) Tauzin Mr. FRANK of Massachusetts. But Abercrombie Coburn Franks (CT) Lewis (KY) Peterson (MN) Taylor (MS) my parliamentary inquiry, Mr. Speak- Ackerman Coleman Franks (NJ) Lightfoot Petri Taylor (NC) er, is how can a Member make a tech- Allard Collins (GA) Frelinghuysen Linder Pickett Tejeda Andrews Collins (IL) Frisa Lipinski Pombo Thomas nical correction to things they never Archer Collins (MI) Frost Livingston Pomeroy Thompson said yet? If we are taking this request, Armey Combest Funderburk LoBiondo Porter Thornberry it is Members who have not said any- Bachus Condit Furse Lofgren Portman Thornton Baesler Conyers Gallegly Longley Poshard Thurman thing yet, and it would let them put Baker (CA) Cooley Ganske Lowey Pryce Tiahrt something into the RECORD as if they Baker (LA) Costello Gejdenson Lucas Quillen Torkildsen said something, and under the new Baldacci Cox Gekas Luther Quinn Torres rules all they can do, it seems to me, is Ballenger Coyne Gephardt Maloney Radanovich Torricelli Barcia Cramer Geren Manton Rahall Towns to extend. I would hope this is not al- Barr Crane Gibbons Manzullo Ramstad Traficant lowing someone to say something they Barrett (NE) Crapo Gilchrest Markey Rangel Tucker already said, and I just do not want Barrett (WI) Cremeans Gillmor Martini Reed Upton Bartlett Cubin Gilman Mascara Regula Velazquez Members to have the wrong impres- Barton Cunningham Gonzalez Matsui Reynolds Vento sion. Bass Danner Goodlatte McCarthy Richardson Visclosky The SPEAKER pro tempore. The Bateman Davis Goodling McCollum Riggs Volkmer Chair advised the body earlier that the Becerra de la Garza Gordon McCrery Rivers Vucanovich Beilenson Deal Goss McDade Roberts Waldholtz changes cannot be substantive, that Bentsen DeFazio Graham McDermott Roemer Walker they can only be technical in nature. Bereuter DeLauro Green McHale Rogers Walsh Is there objection to the request of Berman DeLay Greenwood McHugh Rohrabacher Wamp Bevill Dellums Gunderson McInnis Ros-Lehtinen Ward the gentleman from Connecticut? Bilbray Deutsch Gutierrez McIntosh Rose Waters Mr. THOMAS. Mr. Speaker, reserving Bilirakis Diaz-Balart Gutknecht McKeon Roth Watt (NC) the right to object, as was stated from Bishop Dickey Hall (OH) McKinney Roukema Waxman the Chair earlier, the Committee on Bliley Dicks Hall (TX) McNulty Roybal-Allard Weldon (FL) Blute Dingell Hamilton Meehan Royce Weldon (PA) House Oversight will promulgate rules Boehlert Dixon Hancock Meek Rush Weller and language to deal with this. The Boehner Doggett Hansen Menendez Sabo White gentleman from Massachusetts is cor- Bonilla Dooley Harman Metcalf Salmon Whitfield Bonior Doolittle Hastert Meyers Sanders Wicker rect. We are in a slight conundrum Bono Dornan Hastings (FL) Mfume Sanford Williams right now because we are utilizing Borski Doyle Hastings (WA) Mica Sawyer Wilson words that have been used historically, Boucher Dreier Hayes Miller (CA) Saxton Wise the classic revise and extend. More Brewster Duncan Hayworth Miller (FL) Scarborough Wolf Browder Dunn Hefley Mineta Schaefer Woolsey properly I think it should be correct Brown (CA) Durbin Hefner Minge Schiff Wyden and extend. And although we are in Brown (OH) Edwards Heineman Mink Schroeder Wynn this situation now where we are still Brownback Ehlers Herger Moakley Schumer Young (AK) Bryant (TN) Ehrlich Hilleary Molinari Scott Young (FL) using the what would be archaic lan- Bryant (TX) Emerson Hilliard Mollohan Seastrand Zeliff guage, we will provide the appropriate Bunn Engel Hinchey Montgomery Sensenbrenner Zimmer language and the structure for dealing Bunning English Hobson with that early tomorrow morning for Burr Ensign Hoekstra NOT VOTING—4 Burton Eshoo Hoke Brown (FL) Stark the gentleman. Buyer Evans Holden Martinez Yates Mr. FRANK of Massachusetts. Mr. Callahan Everett Horn Speaker, I thank the gentleman, and I Calvert Ewing Hostettler b 0146 Camp Farr Houghton gather revolutions would be confusing Canady Fattah Hoyer So the bill was passed. even to those who are trying to pro- Cardin Fawell Hunter The result of the vote was announced mulgate them so I appreciate that. Castle Fazio Hutchinson as above recorded. Mr. THOMAS. Order will come out of Chabot Fields (LA) Hyde Chambliss Fields (TX) Inglis A motion to reconsider was laid on the structure, I assure the gentleman Chapman Filner Istook the table. from Massachusetts. And I will not ob- Chenoweth Flake Jackson-Lee f ject. Christensen Flanagan Jacobs Mr. Speaker, I withdraw my reserva- Chrysler Foglietta Jefferson GENERAL LEAVE Clay Foley Johnson (CT) tion of objection. Clayton Forbes Johnson (SD) Mr. SHAYS. Mr. Speaker, I ask unan- The SPEAKER pro tempore. Is there Clement Ford Johnson, E.B. imous consent that all Members may objection to the request of the gen- Clinger Fowler Johnson, Sam Clyburn Fox Johnston have 5 legislative days within which to tleman from Connecticut? Coble Frank (MA) Jones revise and extend their remarks, and There was no objection. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 105 LEGISLATIVE PROGRAM working with the other side in moving tees to determine whether or not there (Mr. GEPHARDT asked and was legislation, including fairly small are meetings and markups and other given permission to address the House things that might be mutually agreed activities of the committees so they for 1 minute.) to, as early as possible. But frankly, as know when they are expected to be Mr. GEPHARDT. Mr. Speaker, I seek Members know, if we protect your there. rights to have, for example, 3 days for recognition for the purpose of inquiring b 0200 with the majority leader the schedule the minority reviews on bills coming for next week. I yield to the majority out of committee, and then we protect But I understand what you are say- leader for that purpose. your rights going through the Rules ing. We will communicate with our Mr. ARMEY. I thank the distin- Committee process, we probably have Members through the whip system, guished minority leader for yielding. about 10 or 12 days where we have to through the cloakrooms. Let me announce the schedule for the say to our colleagues yes, you have to Mr. ARMEY. I thank the gentleman. rest of this week and the following be here; no, we are not going to put Mr. THOMAS. Mr. Speaker, will the week. We have had a long but produc- Mickey Mouse on the legislative sched- gentleman yield? tive day, and the vote we have just ule just to give you some cover. And Mr. GEPHARDT. I am happy to yield concluded is the last scheduled vote for since we do not have proxy voting any- to the gentleman from California. today. Members should be advised that more, you are going to have to be here Mr. THOMAS. One of the difficulties votes on further business are possible and be in committee, and this is sub- on some committees, I would tell the but I believe unlikely. Certainly we stantive work. We may have to consult minority leader, is we do not yet know will not be calling any from our side, with you to find what is the best way the minority composition of the com- and I doubt that they will be called in the interest of the House to manage mittee. I was wondering if the minority from the other side. Still, nevertheless, this 2-week transition process. But I do leader would indicate when I might it is possible. not want us, and in fact we will not try know the makeup, for example, of the The remainder of this week and next to run over your rights to file minority minority members of the Committee week will be extremely busy workdays. views, your rights to have the process on Oversight. Although we do not expect votes on the at the Rules Committee, your rights to Mr. GEPHARDT. As soon as we can floor the remainder of this week or have something come out the Rules do that. next, committees will be fully occupied Committee to come to the floor. As Mr. THOMAS. That might be part of with their organizational meetings, you know, we do not have a chart that the problem. It is difficult to hold an hearings, and markups on contract shows it, but it could not be hard to organizing meeting of the committee bills and other business. generate one. If we really guarantee when the members of the committee I would like to remind all Members both sides their rights, it is about an 8- have not been named. that under our new rules attendance at to 10-legislative-day process I am told Mr. GEPHARDT. I understand that. committee meetings are particularly by the Rules Committee members to Mr. THOMAS. I thank the gen- important. First, any votes taken in get something done in a fair way, so we tleman. committee will be open to public have about a 2-week startup process Mr. ARMEY. If the gentleman would record. Second, there is a ban on proxy here that is very real, and I think the yield further, let me just thank the voting so Members will have to attend press will have more than enough to gentleman from Missouri. all meetings at which votes are taken cover to amuse itself. But it will not be I believe we have clearly commu- in order for their constituents’ voices on the floor. nicated to Members what to expect and to be heard. So we would rather go to pro forma how to check either with their commit- In order to reiterate, the House will sessions, but have Members here, and tee chairman or ranking member or meet at 10 o’clock tomorrow in pro have them understand that with this with their whip system. We will give as forma session. Friday the House will no-proxy-voting situation it is a very much notification as we can and see to not be in session. real requirement to be here when your it every Member’s rights are protected. Next week the House will meet in pro committees meet, because very real de- I thank the gentleman. forma session Monday, Wednesday, and cisions will be made without proxies. Mr. GEPHARDT. I thank the gen- Friday. The House will convene at 2 So I would hope that we could work tleman. o’clock, 11 a.m. on Wednesday and 10 it out. I just outlined that because I f a.m. on Friday. know some Members on both sides have Mr. GEPHARDT. Could the gen- been confused, and on your side several ADJOURNMENT FROM THURSDAY, tleman perhaps relate to Members as Members suggested, well, gee, all of a JANUARY 5, 1995 TO MONDAY, to when he thinks in the following sudden we will have no business. Here JANUARY 9, 1995 week there will be the first vote and at we have the chairman of the Rules about what time and on what day? Committee who has an example of why Mr. ARMEY. Mr. Speaker, I ask Would that be on Tuesday? it takes about 10 days, and we can talk unanimous consent that when the Mr. ARMEY. Will the gentleman this out. House adjourns on the legislative day yield? I would just say to any of your Mem- of Thursday, January 5, 1995, it adjourn Mr. GEPHARDT. I yield to the gen- bers who suggest to us this is a sign to meet at 2 p.m. on Monday next. tleman from Texas. that we have not planned it out or that The SPEAKER pro tempore (Mr. Mr. ARMEY. Monday of the following we are being dilatory that in fact the LAZIO of New York). Is there objection week of course is a holiday. We are not only way to preempt this is to go to to the request of the gentleman from prepared at this point to announce any suspensions or to in some way mini- Texas? votes for that week. Should it develop mize the rights of Democrats to file There was no objection. that committees are able to produce minority views and to file amend- f work that could be possibly scheduled ments. So I would hope we could work for the floor we will make an an- together, get the fastest possible start- ADJOURNMENT FROM MONDAY, nouncement to the Members in a time- up time, but do so in a way that pro- JANUARY 9, 1995 TO WEDNESDAY, ly fashion. I would advise Members tects every Member. JANUARY 11, 1995 that they may want to check their I appreciate the majority leader and Mr. ARMEY. Mr. Speaker, I ask whips, rotary whips. minority leader allowing me to inter- unanimous consent that when the Mr. GINGRICH. Mr. Speaker, will the vene for a moment to express my deep- House adjourns on Monday, January 9, gentleman yield? est concern on this, and I thank them. 1995, it adjourn to meet at 11 a.m. on Mr. GEPHARDT. I yield to the Mr. GEPHARDT. I would simply sug- Wednesday, January 11. Speaker. gest to Members on our side and prob- The SPEAKER pro tempore. Is there Mr. GINGRICH. Mr. Speaker, I want ably on your side as well that they objection to the request of the gen- to take the floor for a second just to need to communicate with the Chair tleman from Texas? say that we are very interested in and ranking member of their commit- There was no objection. H 106 CONGRESSIONAL RECORD — HOUSE January 4, 1995 ADJOURNMENT FROM WEDNES- we were ready for legislative action, power of recognition under clause 2 of DAY, JANUARY 11, 1995 TO FRI- and I believe we are having a meeting rule XIV should circumstances so war- DAY, JANUARY 13, 1995 later today with the President and the rant. Mr. ARMEY. Mr. Speaker, I ask bipartisan leadership. Mr. Speaker, I ask unanimous con- unanimous consent that when the f sent that until February 16, 1995, the House adjourns on Wednesday, January House may convene 90 minutes earlier COMPENSATION OF CERTAIN than the time otherwise established by 11, 1995, it adjourn to meet at 10 a.m. MINORITY EMPLOYEES on Friday, January 13. order of the House on Mondays and The SPEAKER pro tempore. Is there Mr. GEPHARDT. Mr. Speaker, I offer Tuesdays of each week solely for the objection to the request of the gen- a resolution (H. Res. 7) providing for purpose of conducting morning hour tleman from Texas? the designation of certain minority debates under the following conditions: There was no objection. employees, and I ask unanimous con- First, prayer by the Chaplain, ap- sent for its immediate consideration. proval of the Journal, and the Pledge f The SPEAKER pro tempore. The of Allegiance to the flag to be post- DISPENSING WITH CALENDAR Clerk will report the resolution. poned until the resumption of the WEDNESDAY BUSINESS ON The Clerk read the resolution, as fol- House session following the completion WEDNESDAY NEXT lows: of morning hour debate; H. RES. 7 Second, debate to be limited to 30 Mr. ARMEY. Mr. Speaker, I ask Resolved, That pursuant to the Legislative minutes allocated to each party, with unanimous consent that the business Pay Act of 1929, as amended, the six minor- initial and subsequent recognitions al- in order under the Calendar Wednesday ity employees authorized therein shall be the ternating between parties; rule be dispensed with on Wednesday following named persons, effective January Third, recognition to be conferred by next. 3, 1995, until otherwise ordered by the House, the Speaker only pursuant to lists sub- The SPEAKER pro tempore. Is there to-wit: Thomas O’Donnell, George Kundanis, mitted by the respective leaderships; objection to the request of the gen- Marti Thomas, Michael Wessel, Laura Nich- Fourth, no Member to be permitted tleman from Texas? ols, and Steve Elmendorf, each to receive to address the House for longer than 5 There was no objection. gross compensation pursuant to the provi- sions of House Resolution 119, Ninety-fifth minutes except for the majority leader, f Congress, as enacted into permanent law by minority leader, and minority whip; section 115 of Public Law 95–94. In addition, PERMISSION FOR MEMBERS TO and the Minority Leader may appoint and set the Fifth, morning hour debate will be EXTEND REMARKS FOR LEGIS- annual rate of pay for up to three further mi- LATIVE DAY OF JANUARY 4, 1995 nority employees. followed by a recess declared by the Speaker pursuant to clause 12 of rule I, Mr. ARMEY. Mr. Speaker, I ask The SPEAKER pro tempore. Is there until the appointed hour for the re- unanimous consent that for the legisla- objection to the request of the gen- sumption of legislative business. tive day of January 4, 1995 all Members tleman from Missouri? The SPEAKER pro tempore. Is there be permitted to extend their remarks, There was no objection. objection to the request of the gen- and to include extraneous material, in The resolution was agreed to. tleman from New York? that section of the RECORD entitled A motion to reconsider was laid on There was no objection. ‘‘Extension of Remarks’’. the table. The SPEAKER pro tempore. Is there f f objection to the request of the gen- tleman from Texas? HOUR OF MEETING OF THE HOUSE FORMAT FOR SPECIAL ORDERS OF REPRESENTATIVES There was no objection. The SPEAKER. Upon consultation f Mr. SOLOMON. Mr. Speaker, I offer a with the minority leader, the Chair an- privileged resolution (H. Res. 8) and nounces that the format for recogni- REPORT OF COMMITTEE TO NO- ask for its immediate consideration. tion for morning hour debate and re- TIFY THE PRESIDENT OF THE The Clerk read the resolution, as fol- stricted special order speeches, which UNITED STATES OF THE ASSEM- lows: began on February 23, 1994, will con- BLY OF THE CONGRESS H. RES. 8 tinue until February 16, 1995, as out- Mr. ARMEY. Mr. Speaker, your com- Resolved, That unless otherwise ordered, lined below: mittee appointed on the part of the the hour of meeting of the House shall be 2 On Tuesdays, following legislative House to join a like committee on the o’clock post meridiem on Mondays; 11 business, the Chair may recognize o’clock ante meridiem on Tuesdays and part of the Senate to notify the Presi- Wednesdays; and 10 o’clock ante meridiem on Members for special order speeches up dent of the United States that a all other days of the week up to and includ- to midnight, and such speeches may quorum of each House has been assem- ing May 13, 1995; and that from May 15, 1995, not extend beyond midnight. On all bled and is ready to receive any com- until the end of the first session, the hour of other days of the week, the Chair may munication that he may be pleased to daily meeting of the House shall be noon on recognize Members for special order make has performed that duty. Mondays and 10 o’clock ante meridiem on all speeches up to four hours after the con- Mr. Speaker, I might point out that other days of the week. clusion of 5-minute special orders the committee consisted of myself and The resolution was agreed to. speeches. Such speeches may not ex- the minority leader, the gentleman A motion to reconsider was laid on tend beyond the 4-hour limit without from Missouri [Mr. GEPHARDT]. We had the table. the permission of the Chair, which may a pleasant conversation with the Presi- f granted only with advance consulta- dent. I am sure he will be communicat- tion between the leaderships and noti- ing to us later. HOUR OF MEETING FOR MORNING fication to the House. However, at no Mr. Speaker, I yield, if he should HOUR DEBATE AND RESTRICTED time shall the Chair recognize for any wish, to the minority leader, the gen- SPECIAL ORDER SPEECHES special order speeches beyond mid- tleman from Missouri [Mr. GEPHARDT], UNTIL FEBRUARY 16, 1995 night. for any remarks he would like to make. Mr. SOLOMON. Mr. Speaker, upon The Chair will first recognize Mem- Mr. GEPHARDT. Mr. Speaker, I consultation with the minority leader, bers for 5-minute special order speech- thank the gentleman for yielding. the Speaker has announced the format es, alternating initially and subse- This call was a tradition which we for recognition for morning hour de- quently between the parties regardless have usually fulfilled. We fulfilled it bate and restricted special order of the date the order was granted by earlier today or yesterday with the speeches, which will continue until the House. The Chair will then recog- gentleman from Texas. We did inform February 16, 1995. It is understood that nize longer special orders speeches. The the President, as we are required to do, the continuation of this format for rec- 4-hour limitation will be divided be- that the House is seated, we have elect- ognition by the Speaker is without tween the majority and minority par- ed officers, elected a Speaker, and that prejudice to the Speaker’s ultimate ties. Each party is entitled to reserve January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 107 its first hour for respective leaderships ployee positions under the chief majority THURMAN], in whose district resides the or their designees. Recognition will al- whip are transferred to the majority leader. family and Bobby Hall, Warrant Officer ternate initially and subsequently be- The SPEAKER pro tempore. Is there Bobby Hall, who did survive, and I tween the parties, regardless of the objection to the request of the gen- yield for whatever comment she may date the order was granted by the tleman from Texas? make under my reservation. House. There was no objection. The allocation of time within each The resolution was agreed to. b 0210 party’s 2-hour period, or shorter period A motion to reconsider was laid on Mrs. THURMAN. I thank the gen- if prorated to end by midnight, is to be the table. tleman from Florida and the gen- determined by a list submitted to the f Chair by the respective leaderships. tleman from South Carolina. Members may not sign up for any spe- RECOGNIZING THE SACRIFICE AND I know that you have worked tire- cial order speeches earlier than 1 week COURAGE OF ARMY WARRANT lessly today to help me get this up to- prior to the special order, and addi- OFFICERS DAVID HILEMON AND night. So I really do appreciate their tional guidelines may be established BOBBY W. HALL II concern and their help. for such signups by the respective lead- Mr. SPENCE. Mr. Speaker, I ask Mr. Speaker, today I introduced a erships. unanimous consent that the Commit- resolution recognizing the sacrifice and Pursuant to clause 9(b)(1) of rule I, tee on National Security be discharged courage of Army Warrant Officers the television cameras will not pan the from further consideration of the con- Bobby Hall and David Hilemon, whose Chamber, but a ‘‘crawl’’ indicating current resolution (H. Con. Res. 1) rec- helicopter was shot down over North morning hour or that the House has ognizing the sacrifice and courage of Korea on December 17, 1994. completed its legislative business and Army Warrant Officers David Hilemon David Hilemon gave his life in the is proceeding with special order speech- and Bobby W. Hall II, whose helicopter service of our country, and Bobby Hall es will appear on the screen. Other tel- was shot down over North Korea on De- performed with bravery and honor dur- evision camera adaptations during this cember 17, 1994, and ask for its imme- ing his 13 days in captivity in North period may be announced by the Chair. diate consideration. Korea. These soldiers displayed the The continuation of this format for The Clerk read the title of the con- highest ideals of our armed services, recognition by the Speaker is without current resolution. and their efforts on behalf of our coun- prejudice to the Speaker’s ultimate The SPEAKER pro tempore. Is there try should be justly noted. power of recognition under clause 2 of objection to the request of the gen- In addition, I thank the gentleman rule XIV should circumstances so war- tleman from South Carolina? from New Mexico [Mr. RICHARDSON] rant. CCOLLUM. Mr. Speaker, re- Mr. M who played an invaluable role in bring- serving the right to object, and I do not f ing this incident to a close, and he also intend to do that, I think it needs to be deserves our gratitude. His leadership PROVIDING AMOUNTS FOR THE explained, and I would like for the gen- REPUBLICAN STEERING COMMIT- tleman from South Carolina to concur helped secure the remains of David TEE AND THE DEMOCRATIC POL- in this, that this resolution deals with Hilemon, and he kept the pressure on ICY COMMITTEE the fact that a helicopter of the Army the North Koreans to release Bobby Mr. ARMEY. Mr. Speaker, I offer a was downed in Korea on December 17, Hall. resolution (H. Res. 9) providing 1994, and that Army Chief Warrant Of- Bobby Hall lives in Brooksville, FL, amounts for the Republican Steering ficer David Hilemon and Army Chief in the district I represent. On Satur- Committee and the Democratic Party Warrant Officer Bobby W. Hall II were day, Brooksville will be having a cele- Committee, and ask unanimous con- shot down over North Korea. bration in honor of his homecoming. sent for its immediate consideration. This resolution is intended to recog- I have to tell you I never saw any- The Clerk read the resolution, as fol- nize the sacrifice of Army Chief War- thing like it, with yellow ribbons and lows: rant Officer David Hilemon to his coun- declared vigils, people coming out into H. RES. 9 try and to express the gratitude for his the street, giving food and doing things Resolved, That, effective at the beginning selflessness and deepest regret for his for the Halls and for their family and of the 104th Congress, there shall be avail- loss of life to his family and to recog- loved ones. They just went out of their able, in equal amounts to the Republican nize the exceptional service of Army way to make sure that these folks were Steering Committee and the Democratic Chief Warrant Officer Bobby W. Hall II taken care of in a time that was not Policy Committee, such sums as may be nec- to his country and express commenda- essary, to be provided, as determined by the easy. Committee on Appropriations, from amounts tion for his courage. I do not believe that I ever have seen previously appropriated for other purposes Am I correct, I ask the gentleman a community so committed or so unit- under the appropriation for salaries and ex- from South Carolina [Mr. SPENCE]? ed in purpose. Saturday’s celebration penses of the House of Representatives, fiscal Mr. SPENCE. Mr. Speaker, will the will be a fitting tribute to Bobby Hall year 1995. gentleman yield? and his family and to the thousands of The SPEAKER pro tempore. Is there Mr. MCCOLLUM. Further reserving people who prayed for his safe return. objection to the request of the gen- the right to object, I yield to the gen- Finally, I want to express my condo- tleman from South Carolina. tleman from New York? lences to the family of David Hilemon There was no objection. Mr. SPENCE. That is exactly it, yes. for their loss. The resolution was agreed to. Mr. MCCOLLUM. Further reserving I again thank the gentlemen for their A motion to reconsider was laid on the right to object, Mr. Speaker, I the table. would like to point out in particular to assistance. Mr. McCOLLUM. Mr. Speaker, fur- f the families of those involved this was a tremendous ordeal. ther reserving the right to object, and PROVIDING FOR TRANSFER OF The individuals involved deserve the I do not intend to do so, I want to TWO EMPLOYEE POSITIONS commendation that is given in this res- thank the gentlewoman for her efforts Mr. ARMEY. Mr. Speaker, I offer a olution. It was a very strenuous thing in this matter, and I would like to resolution (H. Res. 10) providing for the for our country to go through. comment on the record that first of all transfer of two employee positions, and It is only appropriate that the very Brooksville, FL, was my birthplace and ask unanimous consent for its imme- first order of business of this Congress hometown and Bobby Hall II whom we diate consideration. in terms of a formal resolution, beyond are noting here in this commendation, The Clerk read the resolution, as fol- the proceedings we have done earlier his father was in my high school class lows: today, be this concurrent resolution. when I graduated from high school, H. RES. 10 With that in mind, and further re- Hernando High School there. Resolved, That, effective at the beginning serving the right to object, I yield to I did spend time speaking with his fa- of the 104th Congress, two statutory em- the gentlewoman from Florida [Mrs. ther on several occasions during the H 108 CONGRESSIONAL RECORD — HOUSE January 4, 1995 time that he was in captivity. It is COMMITTEE ON APPROPRIATIONS: Mr. Liv- COMMITTEE ON NATIONAL SECURITY: Mr. truly a very important day in that ingston, Chairman; Mr. McDade; Mr. Myers Spence, Chairman; Mr. Stump; Mr. Hunter; community to celebrate this occasion of Indiana; Mr. Young of Florida; Mr. Reg- Mr. Kasich; Mr. Bateman; Mr. Hansen; Mr. of the good news return and this par- ula; Mr. Lewis of California; Mr. Porter; Mr. Weldon of Pennsylvania; Mr. Dornan; Mr. Rogers; Mr. Skeen; Mr. Wolf; Mr. DeLay; Mr. ticular commemorative is a very im- Hefley; Mr. Saxton; Mr. Cunningham; Mr. Kolbe; Mrs. Vucanovich; Mr. Lightfoot; Mr. Buyer; Mr. Torkildsen; Mrs. Fowler; Mr. portant piece of that. Packard; Mr. Callahan; Mr. Walsh; Mr. Tay- McHugh; Mr. Talent; Mr. Everett; Mr. Bart- So I thank the gentleman from South lor of North Carolina; Mr. Hobson; Mr. lett of Maryland; Mr. McKeon; Mr. Lewis of Carolina [Mr. SPENCE] for offering it Istook; Mr. Bonilla; Mr. Knollenberg; Mr. Kentucky; Mr. Watts of Oklahoma (when tonight. Miller of Florida; Mr. Dickey; Mr. Kingston; sworn); Mr. Thornberry; Mr. Hostetler; Mr. I do not intend to object. Mr. Riggs; Mr. Frelinghuysen; Mr. Wicker; Chambliss; Mr. Hilleary; Mr. Scarborough; Mr. Speaker, I withdraw my reserva- Mr. Forbes; Mr. Nethercutt; Mr. Bunn; and Mr. Jones; Mr. Longley; Mr. Tiahrt; and Mr. tion of objection. Mr. Neumann. Hastings of Washington. COMMITTEE ON BANKING AND FINANCIAL The SPEAKER pro tempore (Mr. COMMITTEE ON RESOURCES: Mr. Young of SERVICES: Mr. Leach, Chairman; Mr. McCol- Alaska, Chairman; Mr. Hansen; Mr. Saxton; LAZIO of New York). Is there objection lum; Mrs. Roukema; Mr. Bereuter; Mr. Roth; to the request of the gentleman from Mr. Gallegly; Mr. Duncan; Mr. Hefley; Mr. Mr. Baker of Louisiana; Mr. Lazio; Mr. Doolittle; Mr. Allard; Mr. Gilchrest; Mr. Cal- South Carolina? Bachus; Mr. Castle; Mr. King; Mr. Royce; Mr. vert; Mr. Pombo; Mr. Torkildsen; Mr. There was no objection. Lucas; Mr. Weller; Mr. Hayworth; Mr. Hayworth; Mr. Cremeans; Ms. Cubin; Mr. The Clerk read the resolution, as fol- Metcalf; Mr. Bono; Mr. Ney; Mr. Ehrlich; Mr. Cooley; Ms. Chenoweth; Ms. Smith of Wash- lows: Barr; Mr. Chrysler; Mr. Cremeans; Mr. Fox; ington; Mr. Radanovich; Mr. Jones; Mr. Mr. Heineman; Mr. Stockman; Mr. LoBiondo; H. CON. RES. 1 Thornberry; Mr. Hastings of Washington; Mr. Mr. Watts of Oklahoma (when sworn); and Metcalf; Mr. Longley; and Mr. Shadegg. Whereas on December 17, 1994, the heli- Mrs. Kelly. copter of Army Chief Warrant Officer David COMMITTEE ON RULES: Mr. Solomon, Chair- COMMITTEE ON THE BUDGET: Mr. Kasich, man; Mr. Quillen; Mr. Drier; Mr. Goss; Mr. Hilemon and Army Chief Warrant Officer Chairman; Mr. Hobson; Mr. Walker; Mr. Bobby W. Hall II was shot down over North Linder; Ms. Pryce; Mr. Diaz-Balart; Mr. Kolbe; Mr. Shays; Mr. Herger; Mr. Bunning; McInnis; and Ms. Waldholtz. Korea; Mr. Smith of Texas; Mr. Allard; Mr. Miller of Whereas as a result of this incident, Chief COMMITTEE ON SCIENCE: Mr. Walker, Chair- Florida; Mr. Lazio; Mr. Franks of New Jer- man; Mr. Sensenbrenner; Mr. Boehlert; Mr. Warrant Officer Hilemon sacrificed his life sey, Mr. Smith of Michigan; Mr. Inglis; Mr. Fawell; Mrs. Morella; Mr. Weldon of Penn- for his country and Chief Warrant Officer Hoke; Ms. Molinari, Mr. Nussle; Mr. sylvania; Mr. Rohrabacher; Mr. Schiff; Mr. Hall was taken captive by the Korean Peo- Hoekstra; Mr. Largent; Mrs. Myrick; Mr. Barton of Texas; Mr. Calvert; Mr. Baker of ple’s Army; Brownback; Mr. Shadegg; Mr. Radanovich; California; Mr. Bartlett of Maryland; Mr. Whereas on December 22, 1994, Chief War- and Mr. Bass. Ehlers; Mr. Wamp; Mr. Weldon of Florida; rant Officer Hilemon’s remains were re- COMMITTEE ON COMMERCE: Mr. Bliley, Mr. Graham; Mr. Salmon; Mr. Davis; Mr. turned to the United States at the Demili- Chairman; Mr. Moorhead; Mr. Fields of Stockman; Mr. Cutknecht; Ms. Seastrand; tarized Zone at Panmunjom and on Decem- Texas; Mr. Oxley; Mr. Bilirakis; Mr. Schae- Mr. Tiahrt; Mr. Largent; Mr. Hilleary; Ms. ber 28, 1994, he was laid to rest with full mili- fer; Mr. Barton of Texas; Mr. Hastert; Mr. Cubin; Mr. Foley; and Mrs. Myrick. tary honors and in full view of Mt. Ranier in Upton; Mr. Stearns; Mr. Paxon; Mr. Gillmor; COMMITTEE ON SMALL BUSINESS: Mrs. Mey- the State of Washington, in accordance with Mr. Klug; Mr. Franks of Connecticut; Mr. the wishes of Chief Warrant Officer Hilemon; Greenwood; Mr. Crapo; Mr. Cox, Mr. Burr; ers of Kansas, Chairman; Mr. Hefley; Mr. and Mr. Bilbray; Mr. Whitfield; Mr. Ganske; Mr. Zeliff; Mr. Talent; Mr. Manzullo; Mr. Whereas Chief Warrant Officer Hall, held Frisa; Mr. Norwood; Mr. White; and Mr. Torkildsen; Mr. Bartlett of Maryland; Ms. in captivity for 13 days under stressful cir- Coburn. Smith of Washington; Mr. LoBiondo; Mr. Wamp; Mrs. Kelly; Mr. Chrysler; Mr. cumstances, served his country above and COMMITTEE ON ECONOMIC AND EDUCATIONAL beyond the call of duty: Now, therefore, be it OPPORTUNITIES: Mr. Goodling, Chairman; Mr. Longley; Mr. Jones; Mr. Salmon; Mr. Resolved by the House of Representatives (the Petri; Mrs. Roukema; Mr. Gunderson; Mr. Hilleary; Mr. Souder; Mr. Brownback; Mr. Senate concurring), That the Congress— Fawell; Mr. Ballenger; Mr. Barrett of Ne- Chabot; Mrs. Myrick; Mr. Funderburk; and (1) recognizes the sacrifice of Army Chief braska; Mr. Cunningham; Mr. Hoekstra; Mr. Mr. Metcalf. Warrant Officer David Hilemon to his coun- McKeon; Mr. Castle; Mrs. Meyers of Kansas; COMMITTEE ON TRANSPORTATION AND INFRA- try and expresses gratitude for his selfless- Mr. Sam Johnson of Texas; Mr. Talent; Mr. STRUCTURE: Mr. Shuster, Chairman; Mr. ness and deepest regret for his loss to his Greenwood; Mr. Hutchinson; Mr. Young of Alaska; Mr. Clinger; Mr. Petri; Mr. family; and Knollenberg; Mr. Riggs; Mr. Graham; Mr. Boehlert; Mr. Bateman; Mr. Emerson; Mr. (2) recognizes the exceptional service of Weldon of Florida; Mr. Funderburk; Mr. Coble; Mr. Duncan; Ms. Molinari; Mr. Zeliff; Army Chief Warrant Officer Bobby W. Hall II Souder; Mr. McIntosh; and Mr. Norwood. Mr. Ewing; Mr. Gilchrest; Mr. Hutchinson; to his country and expresses commendation COMMITTEE ON GOVERNMENT REFORM AND Mr. Baker of California; Mr. Kim; Mr. Horn; for his courage. OVERSIGHT: Mr. Clinger, Chairman; Mr. Gil- Mr. Franks of New Jersey; Mr. Blute; Mr. The resolution was agreed to. man; Mr. Burton of Indiana; Mrs. Morella; Mica; Mr. Quinn; Mrs. Fowler; Mr. Ehlors; A motion to reconsider was laid on Mr. Shays; Mr. Schiff; Ms. Ros-Lehtinen; Mr. Mr. Bachus; Mr. Weller; Mr. Wamp; Mr. Latham; Mr. LaTourette; Ms. Seastrand; Mr. the table. Zeliff; Mr. McHugh; Mr. Horn; Mr. Mica; Mr. Blute; Mr. Davis; Mr. McIntosh; Mr. Fox; Mr. Tate; Mrs. Kelly; Mr. LaHood; and Mr. Mar- f Tate; Mr. Chrysler; Mr. Gutknecht; Mr. tini. Souder; Mr. Martini; Mr. Scarborough; Mr. COMMITTEE ON VETERANS’ AFFAIRS: Mr. DESIGNATING MAJORITY MEMBER- Stump, Chairman; Mr. Smith of New Jersey; SHIP ON CERTAIN STANDING Shadegg, Mr. Flanagan; Mr. Bass; Mr. LaTourette; Mr. Sanford; and Mr. Ehrlich. Mr. Bilirakis; Mr. Spence; Mr. Hutchinson; COMMITTEES OF THE HOUSE COMMITTEE ON HOUSE OVERSIGHT: Mr. Mr. Everett; Mr. Buyer; Mr. Quinn; Mr. Mr. BOEHNER. Mr. Speaker, I offer a Thomas of California, Chairman; Mr. Ehlers; Bachus; Mr. Stearns; Mr. Ney; Mr. Fox; Mr. privileged resolution [H. Res. 11] and Mr. Roberts; Mr. Boehner; Ms. Dunn; Mr. Flanagan; Mr. Barr; Mr. Stockman; Mr. Weller; Mr. Hayworth; and Mr. Cooley. ask for its immediate consideration. Diaz-Balart; and Mr. Ney. COMMITTEE ON WAYS AND MEANS: Mr. Ar- The Clerk read the resolution, as fol- COMMITTEE ON INTERNATIONAL RELATIONS: Mr. Gilman, Chairman; Mr. Goodling; Mr. cher, Chairman; Mr. Crane; Mr. Thomas of lows: Leach; Mr. Roth; Mr. Hyde; Mr. Bereuter; California; Mr. Shaw; Mrs. Johnson of Con- H. RES. 11 Mr. Smith of New Jersey; Mr. Burton of Indi- necticut; Mr. Bunning; Mr. Houghton; Mr. Resolved, That the following named Mem- ana; Mrs. Meyers of Kansas; Mr. Gallegly; Herger; Mr. McCrery; Mr. Hancock; Mr. bers be, and they are hereby, elected to the Ms. Ros-Lehtinen; Mr. Ballenger; Mr. Camp, Mr. Ramstad; Mr. Zimmer; Mr. following standing committees of the House Rohrabacher; Mr. Manzullo; Mr. Royce; Mr. Nussle; Mr. Sam Johnson of Texas; Ms. of Representatives: King; Mr. Kim; Mr. Brownback; Mr. Dunn; Mr. Collins of Georgia; Mr. Portman; COMMITTEE ON AGRICULTURE: Mr. Roberts, Funderburk; Mr. Chabot, Mr. Sanford; and Mr. English of Pennsylvania; Mr. Ensign; Chairman; Mr. Emerson; Mr. Gunderson; Mr. Mr. Salmon. and Mr. Christensen. Combest; Mr. Allard; Mr. Barrett of Ne- COMMITTEE ON THE JUDICIARY: Mr. Hyde, Mr. BOEHNER (during the reading). braska; Mr. Boehner; Mr. Ewing; Mr. Doo- Chairman; Mr. Moorhead; Mr. Sensen- Mr. Speaker, I ask unanimous consent little; Mr. Goodlatte; Mr. Pombo; Mr. brenner; Mr. McCollum; Mr. Gekas; Mr. that the resolution be considered as Canady; Mr. Smith of Michigan; Mr. Everett; Coble; Mr. Smith of Texas; Mr. Schiff; Mr. read and printed in the RECORD. Mr. Lucas; Mr. Lewis of Kentucky; Mr. Gallegly; Mr. Canady; Mr. Inglis of South Baker of Louisiana; Mr. Crapo; Mr. Calvert; Carolina; Mr. Goodlatte; Mr. Buyer; Mr. The SPEAKER pro tempore. Is there Ms. Chenoweth; Mr. Hostettler; Mr. Bryant Hoke; Mr. Bono; Mr. Heineman; Mr. Bryant objection to the request of the gen- of Tennessee; Mr. Latham; Mr. Cooley; Mr. of Tennessee; Mr. Chabot; Mr. Flanagan; and tleman from Ohio? Foley; Mr. Chambliss; and Mr. LaHood. Mr. Barr. There was no objection. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 109 The resolution was agreed to. Meek, Florida; Lynn Rivers, Michigan; Lloyd sachusetts; Nydia M. Velazquez, New York; A motion to reconsider was laid on Doggett, Texas. Cleo Fields, Louisiana; Walter R. Tucker, the table. COMMITTEE ON COMMERCE California; Earl F. Hilliard, Alabama; Pete Peterson, Florida; Bennie Thompson, Mis- f John D. Dingell, Michigan; Henry A. Wax- man, California; Edward J. Markey, Massa- sissippi; Chaka Fattah, Pennsylvania; Ken ELECTION OF MINORITY MEMBERS chusetts; W.J. (Billy) Tauzin, Louisiana; Ron Bentsen, Texas; Karen McCarthy, Missouri; TO CERTAIN STANDING COMMIT- Wyden, Oregon; Ralph M. Hall, Texas; John Bill Luther, Minnesota; Patrick Kennedy, Rhode Island. TEES OF THE HOUSE Bryant, Texas; Rick Boucher, Virginia; Thomas J. Manton, New York; Edolphus Mr. FAZIO of California. Mr. Speak- COMMITTEE ON TECHNOLOGY AND Towns, New York; Gerry E. Studds, Massa- COMPETITIVENESS er, I offer a privileged resolution (H. chusetts; Frank Pallone, Jr., New Jersey; Res. 12) and ask for its immediate con- Sherrod Brown, Ohio; Blanche Lambert, Ar- George E. Brown, Jr., California; Ralph M. Hall, Texas; James A. Traficant, Jr., Ohio; sideration. kansas; Bart Gordon, Tennessee; Elizabeth Furse, Oregon; Peter Deutsch, Florida; James A. Hayes, Louisiana; John S. Tanner, The Clerk read the resolution, as fol- Tennessee; Pete Geren, Texas; Tim Roemer, lows: Bobby Rush, Illinois; Anna Eshoo, Califor- nia; Ron Klink, Pennsylvania; Bart Stupak, Indiana; Robert E. (Bud) Cramer, Alabama; H. RES. 12 Michigan. James Barcia, Michigan; Paul McHale, Penn- sylvania; Jane Harman, California; Eddie- Resolved, That the following named COMMITTEE ON ECONOMIC AND EDUCATIONAL Bernice Johnson, Texas; David Minge, Min- Members be and they are hereby OPPORTUNITIES elected to the following standing nesota; John Olver, Massachusetts; Alcee William (Bill) Clay, Missouri; George Mil- Hastings, Florida; Lynn Rivers, Michigan; committees of the House of Rep- ler, California; Dale E. Kildee, Michigan; Pat Karen McCarthy, Missouri; Mike Ward, Ken- resentatives: Williams, Montana; Matthew G. Martinez, tucky; Zoe Lofgren, California; Lloyd COMMITTEE ON AGRICULTURE California; Major R. Owens, New York; Doggett, Texas; Michael Doyle, Pennsylva- E (Kika) de la Garza, Texas; George E. Thomas C. Sawyer, Ohio; Donald M. Payne, nia; Shelia Jackson Lee, Texas; Bill Luther, Brown, Jr., California; Charlie Rose, North New Jersey; Patsy T. Mink, Hawaii; Robert Minnesota. Carolina; Charles W. Stenholm, Texas; Har- E. Andrews, New Jersey; Jack Reed, Rhode old L. Volkmer, Missouri; Tim Johnson, Island; Tim Roemer, Indiana; Eliot L. Engel, COMMITTEE ON TRANSPORTATION AND South Dakota; Gary A. Condit, California; New York; Xavier Bacerra, California; Rob- INFRASTRUCTURE Collin C. Peterson, Minnesota; Calvin M. ert C. ‘‘Bobby’’ Scott, Virginia; Gene Green, Norman Y. Mineta, California; James L. Dooley, California; Eva M. Clayton, North Texas; Lynn Woolsey, California; Carlos Ro- Oberstar, Minnesota; Nick Joe Rahall II, Carolina; David Minge, Minnesota; Earl F. mero-Barcelo, Puerto Rico; Mel Reynolds, Il- West Virginia; Robert A. Borski, Pennsylva- Hilliard, Alabama; Earl Pomeroy, North Da- linois. nia; William O. Lipinski, Illinois; Robert kota; Tim Holden, Pennsylvania; Cynthia COMMITTEE ON INTERNATIONAL RELATIONS Wise, West Virginia; James A. Traficant, Jr., McKinney, Georgia; Scotty Baesler, Ken- Lee H. Hamilton, Indiana; Sam Gejdenson, Ohio; Peter A. DeFazio, Oregon; James A. tucky; Karen L. Thurman, Florida; Sanford Connecticut; Tom Lantos, California; Robert Hayes, Louisiana; Bob Clement, Tennessee; Bishop, Georgia; Bennie G. Thompson, Mis- G. Torricelli, New Jersey; Howard L. Ber- Jerry F. Costello, Illinois; Mike Parker, Mis- sissippi; Sam Farr, California; Ed Pastor, Ar- man, California; Gary L. Ackerman, New sissippi; Greg Laughlin, Texas; Glenn izona; John Baldacci, Maine. York; Harry Johnston, Florida; Eliot L. Poshard, Illinois; Robert E. (Bud) Cramer, COMMITTEE ON APPROPRIATIONS Engel, New York; *Eni F. H. Faleomavaega, Alabama; Barbara-Rose Collins, Michigan; American Samoa (Delegate); Matthew G. Eleanor Holmes Norton, D.C. (Delegate); David R. Obey, Wisconsin; Sidney R. Yates, Jerrold Nadler, New York; Pat Danner, Mis- Illinois; Louis Stokes, Ohio; Tom Bevill, Ala- Martinez, California; Donald M. Payne, New Jersey; Robert E. Andrews, New Jersey; Rob- souri; Robert Menendez, New Jersey; James bama; John P. Murtha, Pennsylvania; E. Clyburn, South Carolina; Corrine Brown, Charles Wilson, Texas; Norman D. Dicks, ert Menendez, New Jersey; Sherrod Brown, Ohio; Cynthia McKinney, Georgia; Alcee L. Florida; Nathan Deal, Georgia; James A. Washington; Martin Olav Sabo, Minnesota; Barcia, Michigan; Bob Filner, California; Julian C. Dixon, California; Vic Fazio, Cali- Hastings, Florida; Albert R. Wynn, Mary- land; Michael R. McNulty, New York; James Walter R. Tucker, California; Eddie Bernice fornia; W.G. (Bill) Hefner, North Carolina; Johnson, Texas; Bill Brewster, Oklahoma. Steny H. Hoyer, Maryland; Richard J. Dur- P. Moran, Virginia. bin, Illinois; Ronald D. Coleman, Texas; Alan COMMITTEE ON THE JUDICIARY COMMITTEE ON VETERANS’ AFFAIRS B. Mollohan, West Virginia; Jim Chapman, John Conyers, Jr., Michigan; Patricia G.V. (Sonny) Montgomery, Mississippi; Texas; Marcy Kaptur, Ohio; David E. Skaggs, Schroeder, Colorado; Barney Frank, Massa- Lane Evans, Illinois; Joseph P. Kennedy II, Colorado; Nancy Pelosi, California; Peter J. chusetts; Charles E. Schumer, New York; Massachusetts; Chet Edwards, Texas; Maxine Visclosky, Indiana; Thomas M. Foglietta, Howard L. Berman, California; Rick Bou- Waters, California; Bob Clement, Tennessee; Pennsylvania; Esteban Edward Torres, Cali- cher, Virginia; John Bryant, Texas; Jack Bob Filner, California; Frank Tejeda, Texas; fornia; Nita M. Lowey, New York; Ray Reed, Rhode Island; Jerrold Nadler, New Luis V. Gutierrez, Illinois; Scotty Baesler, Thornton, Arkansas. York; Robert C. ‘‘Bobby’’ Scott, Virginia; Kentucky; Sanford Bishop, Georgia; James COMMITTEE ON BANKING AND FINANCIAL Melvin Watt, North Carolina; Xavier E. Clyburn, South Carolina; Corrine Brown, SERVICES Becerra, California; Jose Serrano, New York; Florida; Michael Doyle, Pennsylvania; Frank Henry B. Gonzalez, Texas; John J. LaFalce, Zoe Lofgren, California; Shelia Jackson Lee, Mascara, Pennsylvania. New York; Bruce F. Vento, Minnesota; Texas. Charles E. Schumer, New York; Barney COMMITTEE ON NATIONAL SECURITY COMMITTEE ON WAYS AND MEANS Frank, Massachusetts; Paul E. Kanjorski, Ronald V. Dellums, California; G.V. Sam Gibbons, Florida; Charles B. Rangel, Pennsylvania; Joseph P. Kennedy II, Massa- (Sonny) Montgomery, Mississippi; Patricia New York; Fortney Pete Stark, California; chusetts; Floyd H. Flake, New York; Kweisi Schroeder, Colorado; Ike Skelton, Missouri; Andrew Jacobs, Jr., Indiana; Harold E. Ford, Mfume, Maryland; Maxine Waters, Califor- Norman Sisisky, Virginia; John M. Spratt, Tennessee; Robert T. Matsui, California; nia; Bill Orton, Utah; Carolyn B. Maloney, Jr., South Carolina; Solomon P. Ortiz, Barbara B. Kennelly, Connecticut; William New York; Luis V. Gutierrez, Illinois, Lucille Texas; Owen B. Pickett, Virginia; Lane J. Coyne, Pennsylvania; Sander M. Levin, Roybal-Allard, California; Thomas M. Evans, Illinois; John S. Tanner, Tennessee; Michigan; Benjamin L. Cardin, Maryland; Barrett, Wisconsin; Nydia M. Velazquez, New Glen Browder, Alabama; Gene Taylor, Mis- Jim McDermott, Washington; Gerald D. York; Albert R. Wynn, Maryland; Cleo sissippi; Neil Abercrombie, Hawaii; Chet Ed- Kleczka, Wisconsin; John Lewis, Georgia; Fields, Louisiana, Melvin Watt, North Caro- wards, Texas; Frank Tejeda, Texas; Martin L.F. Payne, Virginia; Richard E. Neal, Mas- lina; Maurice Hinchey, New York; Gary Ack- T. Meehan, Massachusetts; *Robert A. sachusetts. erman, New York; Ken Bentsen, Texas. Underwood, Guam (Delegate); Jane Harman, Mr. FAZIO of California (during the COMMITTEE ON THE BUDGET California; Paul McHale, Pennsylvania; Pete reading). Mr. Speaker, I ask unanimous Martin Olav Sabo, Minnesota; Charles Geren, Texas; Peter Peterson, Florida; Bill consent the resolution be considered as Jefferson, Louisiana; Rosa DeLauro, Con- Stenholm, Texas; Louise M. Slaughter, New read and printed in the RECORD. necticut; Mike Ward, Kentucky; Patrick York; Mike Parker, Mississippi; William J. The SPEAKER pro tempore. Is there Coyne, Pennsylvania; Alan B. Mollohan, Kennedy, Rhode Island. COMMITTEE ON SMALL BUSINESS objection to the request of the gen- West Virginia; Jerry F. Costello, Illinois; tleman from California? Harry Johnston, Florida; Patsy T. Mink, Ha- John J. LaFalce, New York; Ron Wyden, waii; Bill Orton, Utah; Earl Pomeroy, North Oregon; Norman Sisisky, Virginia; Kweisi There was no objection. Dakota; Glen Browder, Alabama; Lynn Wool- Mfume, Maryland; Floyd H. Flake, New The resolution was agreed to. sey, California; John Olver, Massachusetts; York; Glenn Poshard, Illinois; Eva M. Clay- A motion to reconsider was laid on Lucille Roybal-Allard, California; Carrie ton, North Carolina; Martin T. Meehan, Mas- the table. H 110 CONGRESSIONAL RECORD — HOUSE January 4, 1995

ELECTING REPRESENTATIVE BER- Mr. COMBEST, of Texas, Chairman; ing the 5-minute rule. To this end, the Chair NARD SANDERS OF VERMONT TO Mr. DORNAN, of California; requests all Members and committee staff to STANDING COMMITTEES Mr. YOUNG, of Florida; cooperate to assure that not more than the proper number of staff are on the floor, and Mr. HANSEN, of Utah; Mr. FAZIO of California. Mr. Speak- then only during the actual consideration of er, I offer a separate privileged resolu- Mr. LEWIS, of California; measures reported from their committees. tion (H. Res. 13) and ask for its imme- Mr. GOSS, of Florida; The Chair will again extend this admonition diate consideration. Mr. SHUSTER, of Pennsylvania; to all properly admitted majority and minor- The Clerk read the resolution, as fol- Mr. MCCOLLUM of Florida; ity staff by insisting that their presence on lows: Mr. CASTLE of Delaware; the floor, including the areas behind the rail, Mr. DICKS of Washington; be restricted to those periods during which H. RES. 13 Mr. RICHARDSON, of New Mexico; their supervisors have specifically requested Resolved, That the following named Mem- their presence. The Chair stated this policy Mr. DIXON of California; ber be and is hereby elected to the following in the 97th Congress, and an increasing num- standing committees: Mr. TORRICELLI, of New Jersey; ber of Members have insisted on strict en- Committee on Banking and Financial Mr. COLEMAN of Texas; forcement of the rule. The Chair has con- Services: Bernard Sanders of Vermont. Ms. PELOSI, of California; and sulted with and has the concurrence of the Committee on Government Reform and Mr. LAUGHLIN, of Texas. Minority Leader with respect to this policy Oversight: Bernard Sanders of Vermont. f and has directed [the Doorkeeper and] the Mr. FAZIO of California (during the Sergeant at Arms to assure proper enforce- reading). Mr. Speaker, I ask unanimous POLICIES OF THE CHAIR ment of the rule. consent that the resolution be consid- The SPEAKER. The Chair customar- ANNOUNCEMENT BY THE SPEAKER, JANUARY 21, ered as read and printed in the RECORD. ily takes this occasion on the opening 1986 The SPEAKER pro tempore. Is there day of a Congress to announce his poli- The Speaker. Rule XXXII strictly limits objection to the request of the gen- cies with respect to particular aspects those persons to whom the privileges of the tleman from California? floor during sessions of the House are ex- of the legislative process. The Chair tended, and that rule prohibits the Chair There was no objection. will insert in the RECORD announce- from entertaining request for suspension or The resolution was agreed to. ments by the Speaker concerning: first, waiver of that rule. As reiterated by the A motion to reconsider was laid on privileges of the floor; second, the in- Chair on January 25, 1983, and January 3, the table. troduction of bills and resolutions; 1985, and as stated in chapter 4, section 3.4 of f third, unanimous consent requests for Deschler-Brown’s Procedure in the House of the consideration of bills and resolu- Representatives, the rule strictly limits the PERSONAL EXPLANATION tions; fourth, recognition for 1-minute number of committee staff on the floor at one time during the consideration of meas- Mrs. JACKSON-LEE. Mr. Speaker, on speeches and special orders; fifth, deco- ures reported from their committees. This rollcall 3 I am recorded as not voting rum in debate; sixth, the conduct of permission does not extend to Members’ per- because I was unavoidably detained. votes by electronic device; and seventh, sonal staff except when a Member’s amend- Had I been present, I would have voted requests for leave of committees to sit ment is actually pending during the 5- ‘‘no.’’ during the 5-minute rule. minute rule. It also does not extend to per- I ask unanimous consent that this These announcements, where appro- sonal staff of Members who are sponsors of pending bills or who are engaging in special statement appear in the RECORD imme- priate, will reiterate the origins of the stated policies. The Speaker intends to orders. The Chair requests the cooperation of diately following that vote. all Members and committee staff to assure The SPEAKER. Is there objection to continue in the 104th Congress the poli- that only the proper number of staff are on the request of the gentlewoman from cies reflected in these statements. The the floor, and then only during the consider- Texas? policy announced in Congresses prior ation of measures reported from their com- There was no objection. to the 103d Congress with respect to re- mittees. The Chair is making this statement and reiterating this policy because of con- f quests for committees to sit during the 5-minute rule is once again pertinent. cerns expressed by many Members about the APPOINTMENT AS MEMBERS OF The policy announced in the 102d Con- number of committee staff on the floor dur- HOUSE OF REPRESENTATIVES gress with respect to jurisdictional ing the last weeks of the first session. The Chair requests each chairman, and each PAGE BOARD concepts related to clause 5(b) of rule ranking minority member, to submit to the The SPEAKER. Pursuant to section XXI—tax and tariff measures—will [Doorkeeper] Sergeant at Arms a list of staff 127 of Public Law 97–377, the Chair ap- continue to govern but need not be re- who are to be allowed on the floor during the points as members of the House of Rep- iterated, as it is adequately docu- consideration of a measure reported by their resentatives page board the following mented as precedent in the House Rules committee. Each staff person should ex- and Manual. change his or her ID for a ‘‘committee staff’’ Members of the House: Mr. EMERSON of badge which is to be worn while on the floor. 1. PRIVILEGES OF THE FLOOR Missouri, and Mr. KOLBE of Arizona. The Chair has consulted with the Minority The Speaker’s announced instructions to f Leader and will continue to consult with the former Doorkeeper and the Sergeant-at- him. The Chair has furthermore directed the APPOINTMENT AS MEMBERS OF Arms in the 98th Congress on January 25, [Doorkeeper and] Sergeant at Arms to assure HOUSE OFFICE BUILDING COM- 1983, and in the 99th Congress on January 21, proper enforcement of rule XXXII. 1986, regarding strict enforcement of rule MISSION XXXII, specifying those persons having the 2. Introduction of Bills and Resolutions The SPEAKER. Pursuant to the pro- privileges of the floor during sessions of the The Speaker’s statement in the 98th Con- visions of 40 U.S.C., 175 and 176, the House, will be applied during the 104th Con- gress on January 3, 1983, regarding the sign- Chair appoints the gentleman from gress. ing of bills and resolutions by their first ANNOUNCEMENT BY THE SPEAKER, JANUARY 25, sponsors, will continue to apply in the 104th Texas, [Mr. ARMEY], as a member of Congress. the House Office Building Commission, 1983 to serve with himself and the gen- The SPEAKER. Rule XXXII strictly limits ANNOUNCEMENT BY THE SPEAKER, JANUARY 3, 1983 tleman from Missouri [Mr. GEPHARDT]. those persons to whom the privileges of the floor during sessions of the House are ex- The Speaker. The Chair would like to f tended, and that rule prohibits the Chair make a statement concerning the introduc- from entertaining requests for suspension or tion and reference of bills and resolutions. APPOINTMENT AS MEMBERS OF waiver of that rule. As reiterated as recently As Members are aware, they have the privi- THE PERMANENT SELECT COM- as August 22, 1974, by Speaker Albert under lege today of introducing bills. Heretofore on MITTEE ON INTELLIGENCE the principle stated in Deschler’s Procedure, the opening day of a new Congress, several Pursuant to the provisions of clause 1 chapter 4, section 3.4, the rule strictly limits hundred bills have been introduced. The of rule 48 and clause 6(f) of rule 10, the the number of committee staff permitted on Chair will do his best to refer as many bills the floor at one time during the consider- as possible, but he will ask the indulgence of Chair appoints as Members of the Per- ation of measures reported from their com- Members if he is unable to refer all the bills manent Select Committee on Intel- mittees. This permission does not extend to that may be introduced. Those bills which ligence the following Members of the Members’ personal staff except when a Mem- are not referred and do not appear in the House: ber has an amendment actually pending dur- RECORD as of today will be included in the January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 111

next day’s RECORD and printed with a date as order speeches absent an agreement between sequently between the parties, regardless of of today. the leaderships to the contrary. the date the order was granted by the House. The Chair has advised all officers and em- ANNOUNCEMENT BY THE SPEAKER, AUGUST 8, The allocation of time within each party’s ployees of the House that are involved in the 1984, RELATIVE TO RECOGNITION FOR ONE- two-hour period (or shorter period if pro- processing of bills that every bill, resolution, MINUTE SPEECHES rated to end by midnight) is to be deter- memorial, petition or other material that is The Speaker. After consultation with and mined by a list submitted to the Chair by placed in the hopper must bear the signature concurrence by the Minority Leader, the the respective leaderships. Members may not of a Member. Where a bill or resolution is Chair announces that he will institute a new sign up for any special order speeches earlier jointly sponsored, the signature must be policy of recognition for ‘‘1-minute’’ speech- than one week prior to the special order, and that of the Member first named thereon. The es and for special order requests. The Chair additional guidelines may be established for bill clerk is instructed to return to the Mem- will alternate recognition for 1-minute such sign-ups by the respective leaderships. ber any bill which appears in the hopper speeches between majority and minority Pursuant to clause 9(b)(1) of rule I, the tel- without an original signature. This proce- Members, in the order in which they seek evision cameras will not pan the chamber, dure was inaugurated in the 92d Congress. It recognition in the well under present prac- but a ‘‘crawl’’ indicating Morning Hour or has worked well, and the Chair thinks that it tice from the Chair’s right to the Chair’s that the House has completed its legislative is essential to continue this practice to in- left, with possible exceptions for Members of business and is proceeding with special order sure the integrity of the process by which the leadership and Members having business speeches will appear on the screen. Other tel- legislation is introduced in the House. requests. The Chair, of course, reserves the evision camera adaptations during this pe- SPECIAL RULE FOR BILL SPONSORSHIP ON right to limit 1-minute speeches to a certain riod may be announced by the Chair. OPENING DAY OF 104TH CONGRESS period of time or to a special place in the The continuation of this format for rec- The Speaker. The House adopted a special program on any given day, with notice to the ognition by the Speaker is without prejudice rule earlier today which allows the first 20 leadership. to the Speaker’s ultimate power of recogni- tion under clause 2 of rule XIV should cir- bills and the first two joint resolutions in- ANNOUNCEMENT BY THE SPEAKER, JANUARY 4, cumstances so warrant. troduced in the 104th Congress to have more 1995, RELATIVE TO ‘‘RESIDUAL’’ POLICY FOR than one Member reflected as a ‘‘first’’ spon- RECOGNITION FOR SPECIAL ORDER SPEECHES 5. Decorum in Debate sor. Those bills must bear not only the sig- The Speaker. Absent an agreement be- The Speaker’s statement in the 102d Con- nature of the sponsor first listed but the sig- tween the leadership regarding recognition gress on January 3, 1991, with respect to de- natures of all ‘‘first’’ sponsors listed. for requests to address the House for ‘‘special corum in debate, will apply during the 104th 3. Unanimous-Consent Requests for the order speeches’’ at the end of legislative Congress as supplemented by an announce- Consideration of Bills and Resolutions business, the Chair will decline recognition ment made by the Speaker earlier today. for permission to address the House for any The Speaker’s policy with respect to rec- ANNOUNCEMENT BY THE SPEAKER, JANUARY 3, period extending more than one week in ad- ognition for unanimous-consent requests for 1991 the consideration of unreported bills and res- vance of the request. In accordance with the The Speaker. It is essential that the dig- olutions and for the consideration of House Speaker’s policy as enunciated on August 8, nity of the proceedings of the House be pre- bills with Senate amendments (other than 1984, the Chair will first recognize Members served, not only to assure that the House requests to go to conference), as initially an- who wish to address the House for 5 minutes conducts its business in an orderly fashion nounced in the 98th Congress on January 25 or less, alternating between majority and but to permit Members to properly com- and April 26, 1984, will apply during the 104th minority Members in the order in which prehend and participate in the business of Congress. those permissions were granted by the House. Thereafter, the Chair will recognize the House. To this end, and in order to per- ANNOUNCEMENT BY THE SPEAKER, JANUARY 25, mit the Chair to understand and to correctly 1984 Members who wish to address the House for longer than 5 minutes up to 1 hour, again al- but the question on the numerous requests The Speaker. As indicated in section [757] ternating between majority and minority that are made by Members, the Chair re- of the the Chair has House Rules and Manual, Members in the order in which those permis- quests that Members and others who have established a policy of conferring recogni- sions were granted by the House. However, the privileges of the floor desist from audible tion upon Members to permit consideration unlike the Speaker’s policy of August 8, 1984, conversation in the Chamber while the busi- of bills and resolutions by unanimous con- the Chair will alternate daily between par- ness of the House is being conducted. The sent only when assured that the majority ties recognition for the first special order Chair would encourage all Members to re- and minority floor leadership and committee longer than five minutes regardless of the view rule XIV to gain a better understanding and subcommittee chairmen and ranking mi- order in which permissions were granted. of the proper rules of decorum expected of nority members have no objection. Consist- them, and especially: First, to avoid ‘‘per- ANNOUNCEMENT BY THE SPEAKER JANUARY 4, ent with that policy, and with the Chair’s in- sonalities’’ in debate with respect to ref- 1995, RELATIVE TO SPECIAL ORDER SPEECHES herent power of recognition under clause 2 of erences to other Members, the Senate, and AND MORNING HOUR DEBATE the rule XIV, the Chair, and any occupant of the President; second, to address the Chair the Chair appointed as Speaker pro tempore The Speaker. Upon consultation with the while standing and only when and not be- pursuant to clause 7 of rule I, will decline Minority Leader, the Chair announces that yond the time recognized, and not to address recognition for unanimous consent request the format for recognition for ‘‘morning the television or other imagined audience; for consideration of bills and resolutions hour’’ debate and restricted special order third, to refrain from passing between the without assurances that the request has been speeches, which began on February 23, 1994, Chair and the Member speaking, or directly cleared by that leadership. This denial of will continue until February 16, 1995, as out- in front of a Member speaking from the well; recognition by the Chair will not reflect nec- lined below: fourth, to refrain from smoking in the Cham- essarily any personal opposition on the part On Tuesdays, following legislative busi- ber; and generally to display the same degree of the Chair to orderly consideration of the ness, the Chair may recognize Members for of respect to the Chair and other Members matter in question, but will reflect the de- special order speeches up to midnight, and that every Member is due. termination upon the part of the Chair that such speeches may not extend beyond mid- orderly procedures will be followed; that is, night. On all other days of the week, the ANNOUNCEMENT BY THE SPEAKER, JANUARY 4, procedures involving consultation and agree- Chair may recognize Members for special 1995 ment between floor and committee leader- order speeches up to four hours after the The SPEAKER. The Chair would like all ship on both sides of the aisle. conclusion of five minute special orders Members to be on notice that the Chair in- ANNOUNCEMENT BY THE SPEAKER, APRIL 26, speeches. Such speeches may not extend be- tends to strictly enforce time limitations on 1984 yond the four-hour limit without the permis- debate. Before gavelling Members down pre- sion of the Chair, which may be granted only cisely when their time has expired, the Chair The Speaker. With respect to unanimous with advance consultation between the lead- will lightly tap the gavel as a warning that consent requests to dispose of Senate amend- erships and notification to the House. How- a Member has 10 seconds remaining. Further- ments to House bills on the Speaker’s table, ever, at no time shall the Chair recognize for more, the Chair may immediately interrupt the Chair will entertain such a request only any special order speeches beyond midnight. Members in debate who transgress rule XIV if made by the chairman of the committee The Chair will first recognize Members for by failing to avoid ‘‘personalities’’ in debate with jurisdiction, or by another committee five-minute special order speeches, alternat- with respect to references to the Senate, the member authorized to make the request. ing initially and subsequently between the President, and other Members, rather than 4. Recognition for 1-Minute Speeches and parties regardless of the date the order was wait for Members to complete their remarks. Special Orders granted by the House. The Chair will then Finally, it is not in order to speak dis- The Speaker’s statement in the 98th Con- recognize longer special orders speeches. The respectfully of the Speaker; and under the gress on January 25, 1984, with respect to the four-hour limitation will be divided between precedents the sanctions for such violations Speaker’s policy for recognition for 1-minute the majority and minority parties. Each transcend the ordinary requirements for speeches will apply during the 104th Con- party is entitled to reserve its first hour for timeliness of challenges. This separate treat- gress. The Speaker today announces a resid- respective leaderships or their designees. ment is recorded in volume 2 of Hinds’ Prece- ual policy for the recognition of special Recognition will alternate initially and sub- dents, at section 1248. H 112 CONGRESSIONAL RECORD — HOUSE January 4, 1995 6. Conduct of Votes by Electronic Device required. The Chair wants it to be clearly volvement, and that is the way it ANNOUNCEMENT BY THE SPEAKER JANUARY 4, understood that the first available oppor- should be. We are in an age when peo- 1995 tunity in the House following the announce- ple get elected to do the job from day ment of the program is an appropriate time The Chair wishes to enunciate a clear pol- one, and we are very grateful for their icy with respect to the conduct of electronic for considering requests pertaining to the following week if the announcement comes participation. The Chair wishes to ex- votes. press to all Members his immense grat- As Members are aware, clause 5 of rule XV before the completion of all legislative busi- provides that Members shall have not less ness. itude for this opening day and how than 15 minutes in which to answer an ordi- Second, the Chair will not entertain re- much he hopes this augers well for the nary rollcall vote or quorum call. The rule quests on days when all votes on legislative future and what we can do together. obviously establishes 15 minutes as a mini- matters have been postponed to a later date; mum. Still, with the cooperation of the however, the Chair will accept requests for f Members, a vote can easily be completed in committee hearings to be held later in the that time. The events of October 30, 1991, week if the request has the concurrence of INTRODUCTION OF LEGISLATION stand out as proof of this point. On that oc- the ranking minority member of the com- casion, the House was considering a bill in mittee or subcommittee. The SPEAKER. Under a previous the Committee of the Whole under a special Third, on days when legislative business is order of the House, the gentleman from to be conducted, and when rollcall votes are rule that placed an overall time limit on the Michigan [Mr. DINGELL] is recognized in order on legislation, the Chair will recog- amendment process, including the time for 5 minutes. consumed by rollcalls. The Chair announced, nize during the 1-minute period only when he is assured that the ranking minority mem- Mr. DINGELL. Mr. Speaker, I am and then strictly enforced, a policy of clos- today introducing five pieces of legisla- ing electronic votes as soon as possible after ber of the committee or subcommittee in- the guaranteed period of 15 minutes. Mem- volved supports the requests for the hearings tion that received overwhelming bipar- bers appreciated and cooperated with the or meetings. tisan support in the last Congress. Chair’s enforcement of the policy on that oc- Requests that have been objected to by 10 They cover a range of important issues casion. or more Members pursuant to clause 2(i) of the 104th Congress must address: tele- The Chair desires that the example of Oc- Rule XI may not be renewed on the same day unless the Chair is assured that the objec- communications reform, Superfund re- tober 30, 1991, be made the regular practice of form, safe drinking water, and inter- the House. To that end, the Chair enlists the tions have been withdrawn. The Chair will in assistance of all Members in avoiding the un- no instance entertain requests after the leg- state waste and flow control. necessary loss of time in conducting the islative business of the day has been con- These bills are largely the same as business of the House. The Chair encourages cluded; that is, after leaves of absence have the final versions of the legislation all Members to depart for the Chamber been laid down or unanimous consent re- written or acted upon by the Com- quests from the majority and minority ta- promptly upon the appropriate bell and light merce Committee or the House in the signal. As in recent Congresses, the cloak- bles have been entertained at the end of the day. last Congress. Interstate waste and rooms should not forward to the Chair re- flow control passed the House by unan- quests to hold a vote by electronic device, f imous consent. Safe drinking water but should simply apprise inquiring Members b of the time remaining on the voting clock. 0220 was approved under the suspension cal- Although no occupant of the Chair would COMMUNICATION FROM THE endar. Superfund was approved by a 44– prevent a Member who is in the well of the CLERK OF THE HOUSE 0 margin in committee. And the House chamber before the announcement of the re- approved telecommunications reform sult from casting his or her vote, each occu- The SPEAKER laid before the House by a vote of 423–5. pant of the Chair will have the full support the following communication from the The telecommunications legislation of the Speaker in striving to close each elec- Clerk of the House of Representatives: tronic vote at the earliest opportunity. will reform our Nation’s outdated tele- OFFICE OF THE CLERK, Members should not rely on signals relayed communications laws, and create an U.S. HOUSE OF REPRESENTATIVES, from outside the chamber to assume that environment where competition, rather Washington, DC, January 4, 1995. votes will be held open until they arrive in than government regulation, will gov- Hon. NEWT GINGRICH, the chamber. The Speaker, U.S. House of Representatives, ern the services that customers will 7. Requests for Leave of Committees to Sit Washington, DC. have available. The text of the bill that During the Five-Minute Rule DEAR MR. SPEAKER. Under Clause 4 of Rule I am introducing today is identical to The SPEAKER’S statement in the 98th Con- III of the Rules of the U.S. House of Rep- last year’s, with two exceptions: gress on March 3, 1983, with respect to re- resentatives, I herewith designate Ms. Linda First, the requirement for the Jus- quests for leave of committees to sit during Nave, Deputy Clerk, to sign any and all pa- tice Department to hold a hearing in the five-minute rule, will again apply during pers and do all other acts for me under the the 104th Congress, except that the Chair, name of the Clerk of the House which she every case in which a Bell Operating under clause 2 of rule XI, may entertain a would be authorized to do by virtue of this company requests relief has been de- motion of the Majority Leader granting such designation, except such as are provided by leted. This requirement imposed ad- leave to one or more committees. statute, in case of my temporary absence or ministrative burdens on the Justice ANNOUNCEMENT BY THE SPEAKER, MARCH 3, 1983 disability. Department, yet served no useful pur- The SPEAKER. The Chair announces that he This designation shall remain in effect for pose. At the request of the Justice De- will recognize Members to make requests for the 104th Congress or until modified by me. partment, it has been deleted. With great respect, I am committees to sit during the 5-minute rule Second, there was some confusion only at certain times during the legislative Sincerely yours, ROBIN H. CARLE, last year about a provision that could day. While the precedents indicate that such have delayed Bell Company entry into requests when pending are not votes requir- Clerk, U.S. House of Representatives. ing the presence of a quorum, the Chair f certain long distance markets as a re- wishes to avoid the need for a call of the sult of an ambiguity in the statute. House pending such requests but at the same ANNOUNCEMENT BY THE SPEAKER During the House consideration of the time to assure predictability as to when he The SPEAKER. If I might before the legislation, Chairman Brooks and I en- will accord recognition. Therefore, the gentleman from New York [Mr. SOLO- gaged in a colloquy to clarify that am- Speaker intends to set up the following MON] moves to adjourn, let the Chair biguity. I have made changes in the guidelines: text of the legislation I am introducing First as has been established by precedent, say to the Members that the House has permission to sit shall require unanimous now been in session for some 14 hours today to conform the statutory text consent if the permission pertains to a day and 25 minutes. I think it has been not with the colloquy. for which the program has not been an- only the longest and most working-like The interstate waste and flow control nounced. Thus, prior to the announcement of opening session, but one of the most bills resolve some long-standing dis- the legislative program for the following productive sessions for any single day putes between state and municipal gov- week, only one objection would be required in House history. The Chair wants to ernments, and between different re- to prevent a committee from sitting. Follow- thank both the Democrat Members and gions of the country. The Superfund re- ing the announcement by the Majority Lead- er, or his designee, of the program for the the Republican Members for participat- form had the support of a broad coali- next week, the Chair would entertain re- ing. The Chair wants to thank the tion of industry, small business, State quests for committees to sit during the fol- freshmen on both sides because there and local governments, the environ- lowing week and 10 objections would then be was very vigorous and effective in- mental community, banks, and many January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 113 others. It will make the cleanup of of the office on which I am about to enter. H.R. 4066, An Act to suspend temporarily toxic waste sites more efficient and So help me God. the duty on the personal effects of partici- more economical, and will restore has been subscribed to in person and pants in, and certain other individuals asso- some sense of reason and fairness to filed in duplicate with the Clerk of the ciated with, the 1994 World Cup Soccer Games, the 1994 World Rowing Champion- the liability system. The Safe Drinking House of Representatives by the follow- ships, the 1995 Special Olympics World Water Act revisions uphold water qual- ing Member of the 103d Congress, pur- Games, the 1996 Summer Olympics, and the ity standards while accounting for the suant to the provisions of 2 U.S.C. 25. 1996 Paralympics. special needs of smaller communities. Honorable Steve Largent, 1st District Okla- MAY 4, 1994 All of these bills were the product of homa. H.R. 821, An Act to amend title 38, United extensive discussions and negotiations f States Code, to extend eligibility for burial involving the full range of interests. in national cemeteries to persons who have While these are good bills in their cur- BILLS AND JOINT RESOLUTIONS 20 years of service creditable for retired pay rent form, I neither expect nor ask the APPROVED BY THE PRESIDENT as members of a reserve component of the 104th Congress to enact these measures The President notified the Clerk of Armed Forces and to their dependents. without full discussion or amendment. the House that on the following dates H.R. 2884. An Act to establish a national I am prepared, and even eager, to work he had approved and signed bills and framework for the development of School-to- with my Republican colleagues in fash- Work Opportunities systems in all States, joint resolutions of the following titles: and for other purposes. ioning productive legislation that FEBRUARY 12, 1994 H.R. 3693. An Act to designate the United achieves the same solid degree of con- H.R. 3759, An Act making emergency sup- States Courthouse under construction in sensus we were able to reach last year. plemental appropriations for the fiscal year Denver, Colorado, as the ‘‘Byron White Unit- I am introducing these bills today in ending September 30, 1994, and for other pur- ed States Courthouse’’. that spirit of cooperation. poses. MAY 16, 1994 FEBRUARY 16, 1994 f H.J. Res. 239. Joint Resolution to authorize H.R. 1303, An Act to designate the Federal the President to proclaim September 1994 as LEAVE OF ABSENCE Building and United States Courthouse lo- ‘‘Classical Music Month’’. By unanimous consent, leave of ab- cated at 402 East State Street in Trenton, H.R. 4204. An Act to designate the Federal sence was granted to: New Jersey, as the ‘‘Clarke S. Fisher Federal building located at 711 Washington Street in Building and United States Courthouse’’. Ms. BROWN of Florida (at the request Boston, Massachusetts, as the ‘‘Jean Mayer H.R. 2223, An Act to designate the Federal Human Nutrition Research Center on of Mr. GEPHARDT) for today after 10:15 Building located at 525 Griffin Street in Dal- Aging’’. p.m. on account of illness. las, Texas, as the ‘‘A. Maceo Smith Federal MAY 19, 1994 f Building’’. H.R. 2555, An Act to designate the Federal H.R. 1134. An Act to provide for the trans- SPECIAL ORDERS GRANTED building located at 100 East Fifth Street in fer of certain public lands located in Clear Cincinnati, Ohio, as the ‘‘Potter Stewart Creek County, Colorado, to the Forest Serv- By unanimous consent, permission to ice, the State of Colorado, and certain local address the House, following the legis- United States Courthouse’’. H.R. 3186, An Act to designate the United governments in the State of Colorado, and lative program and any special orders States courthouse located in Houma, Louisi- for other purposes. heretofore entered, was granted to: ana, as the ‘‘George Arceneaux, Jr., United H.R. 1727. An Act to establish a program of The following Member (at the request States Courthouse.’’ grants to States for arson research, preven- of Mr. FAZIO of California) to revise H.R. 3356, An Act to designate the United tion, and control, and for other purposes. and extend his remarks and include ex- States courthouse under construction at 611 MAY 25, 1994 traneous material: Broad Street, in Lake Charles, Louisiana, as H.J. Res. 303. Joint Resolution to designate the ‘‘Edwin Ford Hunter, Jr., United States Mr. DINGELL for 5 minutes today. June 6, 1994, as ‘‘D-Day National Remem- The following Member (at the request Courthouse’’. brance Day’’. MARCH 9, 1994 of Mr. LAZIO of New York) to revise and H.R. 2868. An Act to designate the Federal extend his remarks and include extra- H.R. 2339, An act to revise and extend the building located at 600 Camp Street in New neous material: programs of the Technology-Related Assist- Orleans, Louisiana, as the ‘‘John Minor Wis- ance for Individuals With Disabilities Act of dom United States Court of Appeals Build- Mr. EHLERS for 5 minutes on January 1988, and for other purposes. ing’’, and for other purposes. 5. H.R. 3617, An Act to amend the Everglades MAY 31, 1994 f National Park Protection and Expansion Act of 1989, and for other purposes. H.R. 2139. An Act to authorize appropria- tions for the National Historical Publica- ADJOURNMENT MARCH 30, 1994 Mr. SOLOMON. Mr. Speaker, I move tions and Records Commission for fiscal H.R. 3345, An Act to provide temporary au- years 1994, 1995, 1996, and 1997. that the House do now adjourn. thority to Government agencies relating to The motion was agreed to; accord- voluntary separation incentive payments, JUNE 10, 1994 ingly (at 2 o’clock and 24 minutes and for other purposes. H.R. 3863. An Act to designate the Post Of- a.m.), the House adjourned until today, MARCH 31, 1994 fice building located at 401 E. South Street Thursday, January 5, 1995, at 10 a.m. in Jackson, Mississippi, as the ‘‘Medgar H.R. 1804, An Act to improve learning and Wiley Evers Post Office’’. f teaching by providing a national framework for education reform; to promote the re- JUNE 13, 1994 OATH OF OFFICE MEMBERS, RESI- search, consensus building, and systemic H.R. 1632. An Act to amend title 11, Dis- DENT COMMISSIONER, AND DEL- changes needed to ensure equitable edu- trict of Columbia Code, and Part C of title IV EGATES cational opportunities and high levels of of the District of Columbia Self-Government educational achievement for all students; to and Governmental Reorganization Act to re- The oath of office required by the provide a framework for reauthorization of move gender-specific references. sixth article of the Constitution of the all Federal education programs; to promote JUNE 16, 1994 United States, and as provided by sec- the development and adoption of a voluntary tion 2 of the act of May 13, 1884 (23 national system of skill standards and cer- H.R. 965. An Act to provide for toy safety State. 22), to be administered to Mem- tifications; and for other purposes. and for other purposes. bers, Resident Commissioner, and Dele- H.R. 4122, An Act to temporarily extend JUNE 28, 1994 gates of the House of Representatives, certain provisions of the Marine Mammal H.R. 3676. An Act to amend the District of the text of which is carried in 5 U.S.C. Protection Act. Columbia Spouse Equity Act of 1988 to pro- 3331: APRIL 6, 1994 vide for coverage of the former spouses of judges of the District of Columbia courts. I, AB, do solemnly swear (or affirm) that I H.J. Res. 329, Joint Resolution designating March 23, 1994, as ‘‘Education and Sharing H.R. 4205. An Act to amend title 11, D.C. will support and defend the Constitution of Code, to clarify that blind individuals are el- the United States against all enemies, for- Day, U.S.A.’’. APRIL 30, 1994 igible to serve as jurors in the Superior eign and domestic; that I will bear true faith Court of the District of Columbia. and allegiance to the same; that I take this H.R. 2333, An Act to authorize appropria- obligation freely, without any mental res- tions for the Department of State, the Unit- JULY 5, 1994 ervation or purpose of evasion; and that I ed States Information Agency, and related H.R. 1183. An Act to validate conveyance of will well and faithfully discharge the duties agencies, and for other purposes. certain lands in the State of California that H 114 CONGRESSIONAL RECORD — HOUSE January 4, 1995 form part of the right-of-way granted by the AUGUST 12, 1994 H.R. 3197, An Act to redesignate the postal United States to the Central Pacific Railway H.R. 4429, An Act to authorize the transfer facility located at 2100 North 13th Street in Company. of naval vessels to certain foreign countries. Reading, Pennsylvania, as the ‘‘Gus Yatron H.R. 1758. An Act to revise, codify, and Postal Facility’’. AUGUST 15, 1994 enact without substantive change certain H.R. 4506, An Act making appropriations general and permanent laws, related to H.R. 4277, An Act to establish the Social for energy and water development for the fis- transportation, as subtitles II, III, and V–X Security Administration as an independent cal year ending September 30, 1995, and for of title 49, United States Code, ‘‘Transpor- agency and to make other improvements in other purposes. tation’’, and to make other technical im- the old-age survivors, and disability insur- H.R. 4603, An Act making appropriations provements in the Code. ance program. for the Departments of Commerce, Justice, H.R. 2559, An Act to designate the Federal AUGUST 16, 1994 and State, the Judiciary, and related agen- building located at 601 East 12th Street in H.R. 868, An Act to strengthen the author- cies programs for the fiscal year ending Sep- Kansas City, Missouri, as the ‘‘Richard ity of the Federal Trade Commission to pro- tember 30, 1995, and making supplemental Bolling Federal Building’’ and the United tect consumers in connection with sales appropriations for these departments and States Courthouse located at Ninth and Lo- made with a telephone, and for other pur- agencies for the fiscal year ending Septem- cust Streets, in Kansas City, Missouri, as the poses. ber 30, 1994, and for other purposes. ‘‘Charles Evans Whittaker United States AUGUST 19, 1994 SEPTEMBER 13, 1994 Courthouse’’. H.R. 3355, An Act to control and prevent H.R. 3724, An Act to designate the United H.R. 4790, An Act to designate the United crime. States courthouse located in Bridgeport, States courthouse under construction in St. Connecticut, as the ‘‘Brien McMahon Federal Louis, Missouri, as the ‘‘Thomas F. Eagleton SEPTEMBER 23, 1994 Building’’. United States Courthouse’’. H.R. 3474, An Act to reduce administrative H.R. 4568, An Act making supplemental ap- AUGUST 23, 1994 requirements for insured depository institu- propriations for the Department of Housing H.J.Res. 131, Joint Resolution designating tions to the extent consistent with safe and and Urban Development for the fiscal year December 7 of each year as ‘‘National Pearl sound banking practices, to facilitate the es- ending September 30, 1994, and for other pur- Harbor Remembrance Day’’. tablishment of community development fi- poses. H.J.Res. 175, Joint Resolution designating nancial institutions, and for other purposes. H.R. 4581, An Act to provide for the imposi- October 1994 as ‘‘Italian-American Heritage SEPTEMBER 28, 1994 tion of temporary fees in connection with and Culture Month’’. H.R. 4624, An Act making appropriations the handling of complaints of violations of H.R. 1426, An Act to provide for the main- for the Department of Veterans Affairs and the Perishable Agricultural Commodities tenance of dams located on Indian lands by Housing and Urban Development, and for Act, 1930. the Bureau of Indian Affairs or through con- sundry independent agencies, boards, com- H.R. 4635, An Act to extend the Export Ad- tracts with Indian tribes. missions, corporations, and offices for the ministration Act of 1979. H.R. 1631, An Act to amend title 11, Dis- fiscal year ending September 30, 1995, and for JULY 21, 1994 trict of Columbia Code, to increase the maxi- other purposes. mum amount in controversy permitted for H.R. 3567, An Act to amend the John F. SEPTEMBER 29, 1994 Kennedy Center Act to transfer operating re- cases under the jurisdiction of the Small H.R. 3841, An Act to amend the Bank Hold- sponsibilities to the Board of Trustees of the Claims and Conciliation Branch of the Supe- ing Company Act of 1956, the Revised Stat- John F. Kennedy Center for the Performing rior Court of the District of Columbia. utes of the United States, and the Federal Arts, and for other purposes. H.R. 1933, An Act to authorize appropria- tions for the Martin Luther King, Jr. Federal Deposit Insurance Act to provide for inter- JULY 22, 1994 Holiday Commission, to extend such Com- state banking and branching. H.R. 4322, An Act to amend the Small Busi- mission, and to support the planning and SEPTEMBER 30, 1994 ness Act to increase the authorization for performance of national service opportuni- H.R. 4539, An Act making appropriations the development company program, and for ties in conjunction with the Federal legal for the Treasury Department, the United other purposes. holiday honoring the birthday of Martin Lu- States Postal Service, the Executive Office H.R. 4454, An Act making appropriations ther King, Jr. of the President, and certain Independent for the Legislative Branch for the fiscal year H.R. 2739, An Act to amend the Airport and Agencies, for the fiscal year ending Septem- ending September 30, 1995, and for other pur- Airway Improvement Act of 1982 to authorize ber 30, 1995, and for other purposes. poses. appropriations for fiscal years 1994, 1995, and H.R. 4554, An Act making appropriations AUGUST 1, 1994 1996, and for other purposes. for Agriculture, Rural Development, Food H.R. 572, An Act for the relief of Melissa H.R. 4426, An Act making appropriations and Drug Administration, and Related Agen- Johnson. for foreign operations, export financing, and cies programs for the fiscal year ending Sep- H.R. 1346, An Act to designate the Federal related programs for the fiscal year ending tember 30, 1995, and for other purposes. building located on St. Croix, Virgin Islands, September 30, 1995, and making supplemental H.R. 4556, An Act making appropriations as the ‘‘Almeric L. Christian Federal Build- appropriations for such programs for the fis- for the Department of Transportation and ing’’. cal year ending September 30, 1994, and for related agencies for the fiscal year ending H.R. 1873, An Act to require certain pay- other purposes. September 30, 1995, and for other purposes. ments made to victims of Nazi persecution H.R. 4453, An Act making appropriations H.R. 4602, An Act making appropriations to be disregarded in determining eligibility for military construction for the Department for the Department of the Interior and relat- for the amount of benefits or services based of Defense for the fiscal year ending Septem- ed agencies for the fiscal year ending Sep- on need. ber 30, 1995, and for other purposes. tember 30, 1995, and for other purposes. H.R. 2532, An Act to designate the Federal AUGUST 25, 1994 H.R. 4606, An Act making appropriations building and United States courthouse in H.R. 4812, An Act to direct the Adminis- for the Departments of Labor, Health and Lubbock, Texas, as the ‘‘George H. Mahon trator of General Services to acquire by Human Services, and Education, and related Federal Building and United States Court- transfer the Old U.S. Mint in San Francisco, agencies, for the fiscal year ending Septem- house’’. California, and for other purposes. ber 30, 1995, and for other purposes. H.R. 3770, An Act to designate the United AUGUST 26, 1994 H.R. 4649, An Act making appropriations States courthouse located at 940 Front for the government of the District of Colum- H.R. 2178, An Act to amend the Hazardous Street in San Diego, California, and the Fed- bia and other activities chargeable in whole Materials Transportation Act to authorize eral building attached to the courthouse as or in part against the revenues of said Dis- appropriations for fiscal years 1994, 1995, 1996, the ‘‘Edward J. Schwartz Courthouse and trict for the fiscal year ending September 30, and 1997, and for other purposes. Federal Building’’. 1995, and for other purposes. H.R. 2243, An Act to amend the Federal H.R. 3840, An Act to designate the Federal H.R. 4650, An Act making appropriations Trade Commission Act to extend the author- building and United States courthouse lo- for the Department of Defense for the fiscal ization of appropriations in such Act, and for cated at 100 East Houston Street in Mar- year ending September 30, 1995, and for other other purposes. shall, Texas, as the ‘‘Sam B. Hall, Jr. Fed- purposes. H.R. 2815, An Act to designate a portion of eral Building and United States Court- the Farmington River in Connecticut as a OCTOBER 3, 1994 house’’. component of the National Wild and Scenic H.R. 4190, An Act to designate the building AUGUST 11, 1994 Rivers System. located at 41–42 Norre Gade in Saint Thomas, H.R. 374, Joint Resolution designating Au- H.R. 2942, An Act to designate certain Virgin Islands, for the period of time during gust 2, 1994, as ‘‘National Neighborhood lands in the Commonwealth of Virginia as which it houses operations of the United Crime Watch Day.’’ the George Washington National Forest States Postal Service, as the Alvaro de Lugo H.R. 2457, An Act to direct the Secretary of Mount Pleasant Scenic Area. Post Office; and to amend title 39, United the Interior to conduct a salmon captive H.R. 2947, An Act to amend the Commemo- States Code to make applicable with respect broodstock program. rative Works Act, and for other purposes. to the United States Postal Service certain January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 115 exclusionary authority relating to the treat- H.R. 4299, An Act to authorize appropria- an employee of the Federal Government may ment of reemployed annuitants under the tions for fiscal year 1995 for intelligence and use sick leave to attend to the medical needs civil service retirement laws, and for other intelligence-related activities of the United of a family member, and for other purposes. purposes. States Government, the Community Man- H.R. 4535, An Act to amend the Securities agement Account, and the Central Intel- Exchange Act of 1934 with respect to the ex- OCTOBER 6, 1994 ligence Agency Retirement and Disability tension of unlisted trading privileges for cor- H.J. Res. 363, Joint Resolution to designate System, and for other purposes. porate securities, and for other purposes. October 1994 as ‘‘Crime Prevention Month’’. H.R. 4543, An Act to designate the United H.R. 4896, An Act to grant the consent of H.R. 1779, An Act to designate the facility States courthouse to be constructed at 907 the Congress to the Kansas and Missouri of the United States Postal Service located Richland Street in Columbia, South Caro- Metropolitan Culture District Compact. at 401 South Washington Street in Chil- lina, as the ‘‘Matthew J. Perry, Jr. United H.R. 4924, An Act to assist in the conserva- licothe, Missouri, as the ‘‘Jerry L. Litton States Courthouse.’’ tion of rhinoceros and tigers by supporting United States Post Office Building’’, and to OCTOBER 18, 1994 and providing financial resources for the authorize travel and transportation expenses conservation programs of nations whose ac- for certain Federal career appointees, and for H.R. 810, An Act for the relief of Elizabeth M. Hill. tivities directly or indirectly affect rhinoc- other purposes. eros and tiger populations, and of the CITES OCTOBER 19, 1994 H.R. 2144, An Act to provide for the trans- Secretariat. fer of excess land to the Government of H.J. Res. 401, Joint Resolution designating H.R. 4950, An Act to extend the authorities Guam, and for other purposes. the months of March 1995 and March 1996 as of the Overseas Private Investment Corpora- H.R. 3679, An Act to authorize the Sec- ‘‘Irish-American Heritage Month’’. tion, and for other purposes. retary of the Interior to carry out a program H.J. Res. 417, Joint Resolution providing H.R. 5053, An Act to authorize the Sec- to be known as the Junior Duck Stamp Con- for temporary extension of the application of retary of Agriculture to extend for one year servation and Design program, and for other the final paragraph of section 10 of the Rail- Water Bank Act agreements that are due to purposes. way Labor Act with respect to the dispute expire on December 31, 1994. H.R. 3839, An Act to designate the United between the Soo Line Railroad Company and H.R. 5116, An Act to amend title 11 of the States Post Office building located at 220 certain of its employees. United States Code. South 40th Avenue in Hattiesburg, Mis- H.R. 1520, An Act to amend the Petroleum OCTOBER 25, 1994 sissippi, as the ‘‘Roy M. Wheat Post Office’’. Marketing Practices Act. H.R. 4177, An Act to designate the United H.R. 2826, An Act to provide for an inves- H.R. 512, An Act to amend chapter 87 of States Post Office building located at 1601 tigation of the whereabouts of the United title 5, United States Code, to provide that Highway 35 in Middletown, New Jersey, as States citizens and others who have been group life insurance benefits under such the ‘‘Candace White Post office’’. missing from Cyprus since 1974. chapter may, upon application, be paid out H.R. 4191, An Act to designate the United H.R. 2902, An Act to amend the District of to an insured individual who is terminally States Post Office building located at 9630 Columbia Self-Government and Govern- ill; to provide for continuation of health ben- Estate Thomas in Saint Thomas, Virgin Is- mental Reorganization Act to reauthorize efits coverage for certain individuals en- lands, as the ‘‘Aubrey C. Ottley Post Office’’. the annual Federal payment to the District rolled in health benefits plans administered H.R. 4230, An Act to amend the American of Columbia for fiscal year 1996, and for other by the Office of the Comptroller of the Cur- Indian Religious Freedom Act to provide for purposes. rency or the Office of Thrift Supervision, and the traditional use of peyote by Indians for H.R. 3485, An Act to authorize appropria- for other purposes. religious purposes, and for other purposes. tions for carrying out the Earthquake Haz- H.R. 783, An Act to amend title III of the H.R. 4569, An Act to extend and make ards Reduction Act of 1977 for fiscal years Immigration and Nationality Act to make amendments to the President John F. Ken- 1995 and 1996. changes in the laws relating to nationality nedy Assassination Records Collection Act of H.R. 4308, An Act to authorize appropria- and naturalization. 1992. tions to assist in carrying out the North H.R. 808, An Act for the relief of James B. H.R. 4647, An Act to direct the Secretary of American Wetlands Conservation Act for fis- Stanley. the Interior to convey to the City of Impe- cal years 1995 through 1998, and for other H.R. 2056, An Act to redesignate the Post rial Beach, California, approximately 1 acre purposes. Office building located at 600 Princess Anne of land in the Tijuana Slough National Wild- H.R. 4379, An Act to amend the Farm Cred- Street in Fredericksburg, Virginia, as the life Refuge. it Act of 1971 to enhance the ability of the ‘‘Samuel E. Perry Post Office Building’’. H.R. 2440, An Act to amend the Independ- OCTOBER 10, 1994 banks for cooperatives to finance agricul- tural exports, and for other purposes. ent Safety Board Act of 1974 to authorize ap- H.R. 5060, An Act to provide for the con- H.R. 4653, An Act to settle Indian land propriations for fiscal years 1994, 1995, and tinuation of certain fee collections for the claims within the State of Connecticut, and 1996, and for other purposes. expenses of the Securities and Exchange for other purposes. H.R. 4833, An Act to reform the manage- Commission for fiscal year 1995. H.R. 5155, An Act to authorize the transfer ment of Indian Trust Funds, and for other OCTOBER 13, 1994 of naval vessels to certain foreign countries. purposes. H.R. 995, An Act to amend title 38, United OCTOBER 20, 1994 H.R. 4842, An Act to specify the terms of contracts entered into by the United States States Code, to improve reemployment H.R. 6, An Act to extend for five years the rights and benefits of veterans and other and Indian tribal organizations under the In- authorizations of appropriations for the pro- dian Self-Determination and Education As- benefits of employment of certain members grams under the Elementary and Secondary of the uniformed services, and for other pur- sistance Act and to provide for tribal Self- Education Act of 1965, and for certain other Governance, and for other purposes. poses. purposes. H.R. 4217, An Act to reform the Federal H.R. 4922, An Act to amend title 18, United OCTOBER 22, 1994 crop insurance program, and for other pur- States Code, to make clear a telecommuni- poses. H.J. Res. 425, Joint Resolution providing cations carrier’s duty to cooperate in the for the convening of the First Session of the interception of communications for law en- OCTOBER 14, 1994 One Hundred Fourth Congress. forcement purposes, and for other purposes. H.J. Res. 389, Joint Resolution to designate H.R. 2135, An Act to provide for a National H.R. 5034, An Act to make certain tech- the second Sunday in October of 1994 as ‘‘Na- Native American Veterans’ Memorial. nical amendments relating to the State De- tional Children’s Day’’. H.R. 2266, An Act for the relief of Orlando partment Basic Authorities Act of 1956, the H.J. Res. 398, Joint Resolution to establish Wayne Naraysingh. United States Information and Educational the fourth Sunday of July as ‘‘Parents’ H.R. 2294, An Act to redesignate the Post Exchange Act of 1948, and other provisions of Day’’. Office building located at 1000 Lamar Street law. H.J. Res. 415, Joint Resolution designating in Wichita Falls, Texas, as the ‘‘Graham B. OCTOBER 29, 1994 the week beginning October 16, 1994, as ‘‘Na- Purcell, Jr. Post Office Building’’. H.R. 2970, An Act to reauthorize the Office tional Penny Charity Week’’. H.R. 2411, An Act for the relief of Leteane of Special Counsel, and for other purposes. H.R. 734, An Act to amend the Act entitled, Clement Monatsi. ‘‘An Act to provide for the extension of cer- H.R. 4192, An Act to designate the United OCTOBER 31, 1994 tain Federal benefits, services, and assist- States Post Office building located at 3000 H.R. 3499, An Act to amend the Defense De- ance to the Pascua Yaqui Indians of Arizona, Veterans Drive in Saint Thomas, Virgin Is- partment Overseas Teachers Pay and Person- and for other purposes’’. lands, as the ‘‘Arturo R. Watlington, Sr. Post nel Practices Act. H.R. 3694, An Act to amend title 5, United Office’’. H.R. 3678, An Act to authorize the Sec- States Code, to permit the garnishment of an H.R. 4278, An Act to make improvements in retary of the Interior to negotiate agree- annuity under the Civil Service Retirement the old-age, survivors, and disability insur- ments for the use of Outer Continental Shelf System or the Federal Employees’ Retire- ance program under title II of the Social Se- sand, gravel, and shell resources. ment System, if necessary to satisfy a judg- curity Act. H.R. 4196, An Act to ensure that timber-de- ment against an annuitant for physically, H.R. 4361, An Act to amend chapter 63 of pendent communities adversely affected by sexually, or emotionally abusing a child. title 5, United States Code, to provide that the Forest Plan for a Sustainable Economy H 116 CONGRESSIONAL RECORD — HOUSE January 4, 1995 and a Sustainable Environment qualify for sources System, and to authorize appropria- MARCH 24, 1994 loans and grants from the Rural Develop- tions to carry out the Coastal Barrier Re- S.J. Res. 56, Joint Resolution to designate ment Administration. sources Act. the week beginning April 11, 1994, as ‘‘Na- H.R. 4455, An Act to authorize the Export- H.R. 4709, An Act to make certain tech- tional Public Safety Telecommunications Import Bank of the United States to provide nical corrections, and for other purposes. Week’’. financing for the export of nonlethal defense H.R. 4757, An Act to provide for the settle- S.J. Res. 162, Joint Resolution designating articles and defense services the primary end ment of the claims of the Confederated March 25, 1994, as ‘‘Greek Independence Day: use of which will be for civilian purposes. Tribes of the Colville Reservation concern- A National Day of Celebration of Greek and H.R. 4778, An Act to codify without sub- ing their contribution to the production of American Democracy’’. stantive change recent laws related to trans- hydropower by the Grand Coulee Dam, and S.J. Res. 163, Joint Resolution to proclaim portation and to improve the United States for other purposes. March 20, 1994, as ‘‘National Agriculture Code. H.R. 4777, An Act to make technical im- Day.’’ H.R. 5084, An Act to amend title 13, United provements in the United States Code by S.J. Res. 171, Joint Resolution to designate States Code, to improve the accuracy of cen- amending provisions to reflect the current March 20 through March 26, 1994, as ‘‘Small sus address lists, and for other purposes. names of congressional committees. Family Farm Week’’. H.R. 5176, An Act to amend the Federal H.R. 4781, An Act to facilitate obtaining Water Pollution Control Act relating to San foreign-located antitrust evidence by author- MARCH 25, 1994 Diego ocean discharge and waste water rec- izing the Attorney General of the United S. 1926, An Act to amend the Food Stamp lamation. States and the Federal Trade Commission to Act of 1977 to modify the requirements relat- H.R. 5252, An Act to amend the Social Se- provide, in accordance with antitrust mutual ing to monthly reporting and staggered issu- curity Act and related Acts to make mis- assistance agreements, antitrust evidence to ance of coupons for households residing on cellaneous and technical amendments, and foreign antitrust authorities on a reciprocal Indian reservations, to ensure adequate ac- for other purposes. basis; and for other purposes. cess to retail food stores by food stamp NOVEMBER 2, 1994 H.R. 4814, An Act to grant the consent of households, and to maintain the integrity of the Congress to amendments to the Central H.J. Res. 271, Joint Resolution designating the food stamp households, and to maintain Midwest Interstate Low-Level Radioactive the month of November in each of calendar the integrity of the food stamp program, and Waste Compact. years 1993 and 1994 a ‘‘National American In- for other purposes. H.R. 4867, An Act to authorize appropria- dian Heritage Month’’. tions for high-speed rail transportation, and APRIL 6, 1994 H.J. Res. 326, Joint Resolution designating for other purposes. S. 1284, An Act to amend the Developmen- January 16, 1995, as ‘‘National Good Teen H.R. 4967, An Act to designate the United tal Disabilities Assistance and Bill of Rights Day’’. States courthouse located at 231 West Lafay- Act to modify certain provisions relating to H.R. 1348, An Act to establish the ette Street in Detroit, Michigan, as the programs for individuals with developmental Ouinebaug and Shetuckert Rivers Valley Na- ‘‘Theodore Levin United States Courthouse’’ disabilities, Federal assistance for priority tional Heritage Corridor in the State of Con- and to designate the postal facility located area activities for individuals with devel- necticut, and for other purposes. at 1401 West Fort Street in Detroit, Michi- opmental disabilities, protection and advo- H.R. 3050, An Act to expand the boundaries gan, as the ‘‘George W. Young Post Office’’. cacy of individual rights, university affili- of the Red Rock Canyon National Conserva- H.R. 5102, An Act to amend title 18, United ated programs, and projects of national sig- tion Area. States Code, with respect to certain crimes nificance, and for other purposes. H.R. 3059, An Act to establish a National relating to Congressional medals of honor. S. 1913, An Act to extend certain compli- Maritime Heritage Program to make grants H.R. 5161, An Act to amend the Omnibus ance dates for pesticide safety training and available for educational programs and the Budget Reconciliation Act of 1993 to permit labeling requirements. restoration of America’s cultural resources the prompt sharing of timber sale receipts of for the purpose of preserving America’s en- APRIL 11, 1994 the Forest Service and the Bureau of Land dangered maritime heritage. Management. S. 476, An Act to reauthorize and amend H.R. 3313, An Act to amend title 38, United H.R. 5200, An Act to resolve the 107th me- the National Fish and Wildlife Foundation States Code, to extend certain expiring vet- ridian boundary dispute between the Crow Establishment Act, and for other purposes. erans’ health care programs, and for other Indian Tribe and the United States. S. 1299, An Act to amend section 203 of the purposes. H.R. 5220, An Act to provide for the accept- Housing and Community Development H.R. 3984, An Act to designate the building ance by the Secretary of Education of appli- Amendments of 1978 to provide for the dis- located at 216 Coleman Avenue in Waveland, cations submitted by the local educational position of multifamily properties owned by Mississippi, for the period of time during agency serving the Window Rock Unified the Secretary of Housing and Urban Develop- which it houses operations of the United School District, Window Rock, Arizona, ment, to provide for other reforms in pro- States Postal Service, as the ‘‘John Longo, under section 3 of the Act of September 30, grams administered by the Secretary, and to Jr. Post Office’’. 1950 (Public Law 874, 81st Congress) for fiscal make certain technical amendments, and for H.R. 4180, An Act to provide for the annual years 1994 and 1995. other purposes. publication of a list of federally recognized H.R. 5244, An Act to amend title 38, United Indian tribes, and for other purposes. APRIL 14, 1994 States Code, to revise and improve veterans’ H.R. 4193, An Act to designate the building S. 1206, An Act to redesignate the Federal benefits programs, and for other purposes. located at 100 Vester Gade, in Cruz Bay, building at 380 Trapelo Road in Waltham, H.R. 5246, An Act to amend the Foreign As- Saint Thomas, Virgin Islands, for the period Massachusetts, as the ‘‘Frederick C. Murphy sistance Act of 1961 to make certain correc- of time during which it houses operations of Federal Center’’. tions relating to international narcotics con- the United States Postal Service, as the trol activities, and for other purposes. APRIL 28, 1994 ‘‘Ubaldina Simmons Post Office’’. H.R. 4452, An Act to designate the United NOVEMBER 9, 1994 S. 2004, An Act to extend until July 1, 1998, States Post Office building located at 115 H.J. Res. 390, Joint Resolution designating the exemption from ineligibility based on a North Chester in Ruleville, Mississippi, as September 17, 1994, as ‘‘Constitution Day’’. high default rate for certain institutions of higher education. the ‘‘Fannie Lou Hamer Post Office’’. f H.R. 4497, An Act to award a congressional APRIL 30, 1994 gold medal to Rabbi Menachem Mendel SENATE BILLS AND JOINT RESO- S. 1636, An Act to authorize appropriations Schneerson. LUTIONS APPROVED BY THE for the Marine Mammal Protection Act of H.R. 4551, An Act to designate the United PRESIDENT 1972 and to improve the program to reduce States Post Office building located at 301 the incidental taking of marine mammals West Lexington Street in Independence, Mis- The President notified the Clerk of the House that on the following dates during the course of commercial fishing op- souri, as the ‘‘William J. Randall Post Of- erations, and for other purposes. fice’’. he had approved and signed bills and H.R. 4571, An Act to designate the United joint resolutions of the Senate of the MAY 4, 1994 States Post Office building located at 103–104 following titles: S. 375, An Act to amend the Wild and Sce- Estate Richmond in Saint Croix, Virgin Is- FEBRUARY 22, 1994 nic Rivers Act by designating a segment of lands, as the ‘‘Wilbert Armstrong Post Of- the Rio Grande in New Mexico as a compo- fice’’. S.J.Res. 119, Joint Resolution to designate nent of the National Wild and Scenic Rivers H.R. 4595, An Act to designate the building the month of March 1994 as ‘‘Irish-American System, and for other purposes. at 4021 Laclede in St. Louis, Missouri, for the Heritage Month’’. S. 1574, An Act to authorize appropriations period of time during which it houses oper- MARCH 17, 1994 for the Coastal Heritage Trail Route in the ations of the United States Postal Service, S. 1789, An Act to amend title 23, United State of New Jersey, and for other purposes. as the ‘‘Marian Oldham Post Office’’. States Code, to permit the use of funds under S.J. Res. 143, Joint Resolution providing H.R. 4598, An Act to direct the Secretary of the highway bridge replacement and reha- for the appointment of Frank Anderson the Interior to make technical corrections to bilitation program for seismic retrofit of Shrontz as a citizen regent of the Board of maps relating to the Coastal Barrier Re- bridges, and for other purposes. Regents of the Smithsonian Institution. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 117

S.J. Res. 144, Joint Resolution providing in Washington, DC, as the ‘‘Woodrow Wilson OCTOBER 13, 1994 for the appointment of Manuel Luis Ibanez Plaza’’. S. 1587, An Act to revise and streamline the as a citizen regent of the Board of Regents of S. 1880, An Act to provide that the Na- acquisition laws of the Federal Government, the Smithsonian Institution. tional Education Commission on Time and and for other purposes. S.J. Res. 150, Joint Resolution to designate Learning shall terminate on September 30, S. 2170, An Act to provide a more effective, the week of May 2 through May 8, 1994, as 1994. efficient, and responsive Government. ‘‘Public Service Recognition Week’’. S.J. Res. 172, Joint Resolution designating OCTOBER 14, 1994 MAY 6, 1994 May 29, 1995, through June 6, 1995, as a S. 316, An Act to establish the Saguaro Na- S. 2005, An Act to make certain technical ‘‘Time for the National Observance of the tional Park in the State of Arizona, and for corrections, and for other purposes. Fiftieth Anniversary of World War II’’. other purposes. AUGUST 11, 1994 MAY 11, 1994 S. 1233, An Act to resolve the status of cer- S. 1930, An Act to amend the Consolidated S.J. Res. 195, Joint Resolution to designate tain lands in Arizona that are subject to a Farm and Rural Development Act to im- August 1, 1994, as ‘‘Helsinki Human Rights claim as a grant of public lands for railroad prove the administration of claims and obli- Day’’. purposes, and for other purposes. gations of the Farmers Home Administra- AUGUST 17, 1994 S.J. Res. 157, Joint Resolution to designate tion, and for other purposes. S. 1458, An Act to amend the Federal Avia- 1994 as ‘‘The Year of Gospel Music’’. MAY 16, 1994 tion Act of 1958 to establish time limitations S.J. Res. 185, Joint Resolution to designate S.J. Res. 146, Joint Resolution designating on certain civil actions against aircraft man- October 1994 as ‘‘National Breast Cancer May 1, 1994, through May 7, 1994, as ‘‘Na- ufacturers, and for other purposes. Awareness Month’’. tional Walking Week’’. S.J. Res. 198, Joint Resolution designating AUGUST 18, 1994 1995 as the ‘‘Year of the Grandparent’’. MAY 18, 1994 S.J. Res. 204, Joint Resolution recognizing OCTOBER 18, 1994 S. 2000, An Act to authorize appropriations the American Academy in Rome, an Amer- S. 2406, An Act to amend title 17, United to carry out the Head Start Act, the Commu- ican overseas center for independent study States Code, relating to the definition of a nity Services Block Grant Act, and the Low- and advanced research, on the occasion of local service area of a primary transmitter, Income Home Energy Assistance Act of 1981, the 100th anniversary of its founding. and for other purposes. and for other purposes. AUGUST 19, 1994 MAY 19, 1994 S.J. Res. 220, Joint Resolution to designate October 19, 1994, as ‘‘National Mammography S. 341, An Act to provide for a land ex- S.J. Res. 178, Joint Resolution to proclaim Day’’. change between the Secretary of Agriculture the week of October 16 through October 22, and Eagle and Pitkin Counties in Colorado, 1994, as ‘‘National Character Counts Week’’. OCTOBER 19, 1994 and for other purposes. AUGUST 26, 1994 S. 2475, An Act to authorize assistance to MAY 25, 1994 S. 2099, An Act to establish the Northern promote the peaceful resolution of conflicts S.J. Res. 168, Joint Resolution designating Great Plains Rural Development Commis- in Africa. May 11, 1994, as ‘‘Vietnam Human Rights sion, and for other purposes. OCTOBER 20, 1994 S.J. Res. 153, Joint Resolution to designate Day’’. S. 922, An Act to provide that a State court the week beginning on November 20, 1994 and MAY 26, 1994 may not modify an order of another State ending on November 26, 1994, as ‘‘National court requiring the payment of child support S. 636, An Act to amend title 18, United Family Caregivers Week’’. unless the recipient of child support pay- States Code, to assure freedom of access to S.J. Res. 196, Joint Resolution to designat- ments resides in the State in which the reproductive services. ing September 16, 1994, as ‘‘National POW/ modification is sought or consents to the S. 2024, An Act to provide temporary MIA Recognition Day’’ and authorizing dis- seeking of the modification in that court. obligational authority for the airport im- play of the National League of Families provement program and to provide for cer- POW/MIA flag. OCTOBER 22, 1994 tain airport fees to be maintained at existing SEPTEMBER 21, 1994 S. 340, An Act to amend the Federal Food, levels for up to 60 days, and for other pur- Drug, and Cosmetic Act to clarify the appli- poses. S. 1066, An Act to restore Federal services cation of the Act with respect to alternate S. 2087, An Act to extend the time period to the Pokagon Band of Potawatomi Indians. uses of new animal drugs and new drugs in- for compliance with the Nutrition Labeling S. 1357, An Act to reaffirm and clarify the tended for human use, and for other pur- and Education Act of 1990 for certain prod- Federal relationships of the Little Traverse poses. ucts packaged prior to August 8, 1994. Bay Bands of Odawa Indians and the Little S. 455, An Act to amend title 31, United MAY 31, 1994 River Band of Ottawa Indians as distinct fed- States Code, to increase Federal payments to S. 1654, An Act to make certain technical erally recognized Indian tribes, and for other units of general local governments for enti- corrections. purposes. tlement lands, and for other purposes. S.J. Res. 179, Joint Resolution to designate SEPTEMBER 23, 1994 S. 528, An Act to provide for the transfer of the week of June 12 through 19, 1994, as ‘‘Na- S. 859, An Act to reduce the restrictions on certain United States Forest Service lands tional Men’s Health Week’’. lands conveyed by deed under the Act of located in Lincoln County, Montana, to Lin- JUNE 30, 1994 June 8, 1926. coln County in the State of Montana. S. 720, An Act to clean up open dumps on S. 24, An Act to reauthorize the independ- OCTOBER 5, 1994 Indian lands, and for other purposes. ent counsel law for an additional 5 years, and S. 2182, An Act to authorize appropriations for other purposes. S. 1225, An Act to authorize and encourage for fiscal year 1995 for military activities of the President to conclude an agreement with JULY 1, 1994 the Department of Defense, for military con- Mexico to establish a United States-Mexico S. 1904, An Act to amend title 38, United struction, and for defense activities of the Border Health Commission. States Code, to improve the organization and Department of Energy, to prescribe person- S. 1312, An Act to amend the Employee Re- procedures of the Board of Veterans’ Ap- nel strengths for such fiscal year for the tirement Income Security Act of 1974 in peals. Armed Forces, and for other purposes. order to provide for the availability of rem- JULY 20, 1994 OCTOBER 6, 1994 edies for certain former pension plan partici- S.J. Res. 187, Joint Resolution designating S. 716, An Act to require that all Federal pants and beneficiaries. July 16 through July 24, 1994, as ‘‘National lithographic printing be performed using ink S. 1457, An Act to amend the Aleutian and Apollo Anniversary Observance’’. made from vegetable oil and materials de- Pribilof Islands Restitution Act to increase authorization for appropriation to com- JULY 22, 1994 rived from other renewable resources, and for other purposes. pensate Aleut villages for church property S. 273, An Act to remove certain restric- lost, damaged, or destroyed during World tions from a parcel of land owned by the city S. 1406, An Act to amend the Plant Variety Protection Act to make such Act consistent War II. of North Charleston, South Carolina, in S. 2060, An Act to amend the Small Busi- order to permit a land exchange, and for with the International Convention for the Protection of New Varieties of Plants of ness Act and the Small Business Investment other purposes. Act of 1958, and for other purposes. S. 1402, An Act to convey a certain parcel March 19, 1991, to which the United States is a signatory, and for other purposes. S. 2073, An Act to designate the Warren B. of public land to the County of Twin Falls, Rudman United States Courthouse, the Idaho, for use as a landfill, and for other pur- S. 1703, An Act to expand the boundaries of the Piscataway Park, and for other purposes. Jamie L. Whitten Federal Building, and the poses. William H. Natcher Federal Building and AUGUST 1, 1994 OCTOBER 8, 1994 United States Courthouse. S. 537, An Act for the relief of Tania Gil S.J. Res. 221, Joint Resolution to express S. 2395, An Act to designate the United Compton. the sense of the Congress in Commemoration States Courthouse in Detroit, Michigan, as S. 832, An Act to designate the plaza to be of the 75th anniversary of Grand Canyon Na- the ‘‘Theodore Levin Courthouse’’, and for constructed in the Federal Triangle property tional Park. other purposes. H 118 CONGRESSIONAL RECORD — HOUSE January 4, 1995 S. 2466, An Act to amend the Energy Policy Texas and Mr. Martin Faga of Bethlehem, totaling $1.2 billion, pursuant to 2 U.S.C. and Conservation Act to manage the Strate- Pennsylvania. 685(c) (H. Doc. No. 104–8); to the Committee gic Petroleum Reserve more effectively, and Sincerely, on Appropriations and ordered to be printed. for other purposes. BOB MICHEL, 2. A communication from the President of S. 2500, An Act to enable producers and Republican Leader. the United States, transmitting his request feeders of sheep and importers of sheep and f to make available appropriations totaling sheep products to develop, finance, and carry $32,200,000 in budget authority for the De- out a nationally coordinated program for APPOINTMENTS AFTER SINE DIE partments of Housing and Urban Affairs, and sheep and sheep product promotion, re- ADJOURNMENT AND FOLLOWING Commerce, and to designate these amounts search, and information, and for other pur- THE PUBLICATION OF THE as emergency requirements pursuant to sec- poses. FINAL ADDITION OF THE CON- tion 251(b)(2)(D)(i) of the Balanced Budget S.J. Res. 90, Joint Resolution to recognize GRESSIONAL RECORD OF THE and Emergency Deficit Control Act of 1985, the achievements of radio amateurs, and to 103RD CONGRESS as amended, pursuant to 31 U.S.C. 1107 (H. establish support for such amateurs as na- Doc. No. 104–9); to the Committee on Appro- tional policy. Pursuant to the provisions of section priations and ordered to be printed. OCTOBER 25, 1994 303(a) of Public Law 103–3, and the 3. A letter from the Comptroller General, the General Accounting Office, transmitting S. 784, An Act to amend the Federal Food, order of the House of Friday, October 7, a review of the President’s first special im- Drug, and Cosmetic Act to establish stand- 1994 authorizing the Speaker and the poundment message for fiscal year 1995, pur- ards with respect to dietary supplements, minority leader to appoint commis- suant to 2 U.S.C. 685 (H. Doc. No. 104–14); to and for other purposes. sions, boards and committees author- the Committee on Appropriations and or- S. 1927, An Act to amend title 38, United ized by law or by the House, the Speak- dered to be printed. States Code, to provide a cost-of-living ad- er on Thursday, December 22, 1994 did 4. A letter from the Controller, Office of justment in the rates of disability compensa- appoint to the Commission on Leave the Under Secretary of Defense, transmit- tion for veterans with service-connected dis- the following Member of the House to ting a report of a violation of the Anti-Defi- abilities and the rates of dependency and in- fill the existing vacancy thereon: demnity compensation for survivors of such ciency Act which occurred in the Depart- veterans, to revise and improve veterans’ Mrs. SCHROEDER of Colorado. ment of the Army, pursuant to 31 U.S.C. benefits programs, and for other purposes. Pursuant to the provisions of section 1517(b); to the Committee on Appropriations. S. 2372, An Act to amend the United States 270002 of Public Law 103–322, and the 5. A letter from the Comptroller, Office of Commission on Civil Rights Act of 1983. order of the House of Friday, October 7, the Under Secretary of Defense, transmit- S. 2407, An Act to make improvements in 1994 authorizing the Speaker and the ting a report of a violation of the Anti-Defi- the operation and administration of the Fed- minority leader to appoint commis- ciency Act which occurred in the Depart- ment of the Air Force, pursuant to 31 U.S.C. eral courts, and for other purposes. sions, boards and committees author- S. 2534, An Act to revise and improve the 1517(b); to the Committee on Appropriations. ized by law or by the House, the Speak- 6. A letter from the General Counsel, De- process for disposing of buildings and prop- er on Thursday, December 22, 1994, did erty at military installations under the base partment of Defense, transmitting a copy of closure laws. appoint to the National Commission on the President’s Executive order updating the S.J. Res. 227, Joint Resolution approving Crime Prevention and Control the fol- ‘‘Manual for Courts-Martial, United States, the location of a Thomas Paine Memorial lowing members on the part of the 1984’’; to the Committee on National Secu- and a World War II Memorial in the Nation’s House: rity. Capital. Mr. Thomas F. Railsback, Moline, IL. 7. A letter from the President and Chair- S.J. Res. 229, Joint Resolution regarding Mr. Werner, W. Brandt, Arlington, man, Export-Import Bank of the United United States policy toward Haiti. VA. States, transmitting a report involving Unit- ed States exports to Indonesia, pursuant to OCTOBER 31, 1994 And on January 3, 1995 did also ap- 12 U.S.C. 635(b)(3)(i); to the Committee on S. 21, An Act to designate certain lands in point: Banking and Financial Services. the California Desert as wilderness, to estab- Mr. Jeffrey A. Teitz, Newport, RI. 8. A letter from the Secretary of Edu- lish the Death Valley and Joshua Tree Na- Mr. Larry Erickson, Spokane, WA. cation, transmitting final priorities—Special tional Parks, to establish the Mojave Na- Mr. Jonathan R. Yarowsky, Washing- Studies Program, pursuant to 20 U.S.C. tional Preserve, and for other purposes. ton, DC. 1232(d)(1); to the Committee on Economic S. 1146, An Act to provide for the settle- Mr. Michael J. O’Neil, Oakton, VA. and Educational Opportunities. ment of water rights claims of the Yavapai- Pursuant to the provisions of section 9. A letter from the Secretary of Edu- Prescott Indian Tribe in Yavapai County Ar- cation, transmitting final priorities—reha- izona, and for other purposes. 1 of 2 U.S.C. 154, as amended by section 1 of Public Law 102–246, and the order bilitation training programs, pursuant to 20 NOVEMBER 2, 1994 U.S.C. 1232(d)(1); to the Committee on Eco- of the House of Friday, October 7, 1994 nomic and Educational Opportunities. S. 1614, An Act to amend the Child Nutri- authorizing the Speaker and the mi- 10. A letter from the Secretary of Edu- tion Act of 1966 and the National School nority leader to accept resignations cation, transmitting final priorities—special Lunch Act to promote healthy eating habits and to make appointments authorized demonstrations; and projects with industry, for children and to extend certain authori- pursuant to 20 U.S.C. 1232(d)(1); to the Com- ties contained in such Acts through fiscal by law or by the House, the Speaker on mittee on Economic and Educational Oppor- year 1998, and for other purposes. Friday, December 23, 1994 did appoint to the Library of Congress Trust Fund tunities. f Board the following members on the 11. A letter from the Secretary of Edu- cation, transmitting final regulations—Wil- part of the House: MESSAGES AND COMMUNICATIONS liam D. Ford Federal Direct Loan Program, Mr. Peter Lynch, Boston, MA to fill RECEIVED FOLLOWING THE SINE pursuant to 20 U.S.C. 1232(d)(1); to the Com- the unexpired term of Mr. Robert DIE ADJOURNMENT OF THE mittee on Economic and Educational Oppor- Rubin. 103RD CONGRESS AND FOLLOW- tunities. Mr. Thomas S. Foley, Washington, 12. A letter from the Secretary of Edu- ING THE PUBLICATION OF THE DC, to a 4-year term. cation, transmitting final regulations—Fed- FINAL ADDITION OF THE CON- and on Tuesday, January 3, 1995 did eral Perkins Loan Program, Federal Work- GRESSIONAL RECORD OF THE also appoint: Study, and Federal Supplemental Edu- 103RD CONGRESS cational Opportunity Grant Program, pursu- Mr. Lawrence Tisch, New York, NY, ant to 20 U.S.C. 1232(d)(1); to the Committee COMMUNICATION FROM THE HON. ROBERT H. to a 2-year term. on Economic and Educational Opportunities. MICHEL, MINORITY LEADER f 13. A letter from the Director, Defense Se- OFFICE OF THE REPUBLICAN LEADER, curity Assistance Agency, transmitting noti- HOUSE OF REPRESENTATIVES, EXECUTIVE COMMUNICATIONS, fication concerning to project arrangements Washington, DC, December 21, 1994. ETC. to be conducted under the 1992 agreement Hon. THOMAS S. FOLEY, Under clause 2 of rule XXIV, execu- with Australia on cooperation in radar ac- Speaker, House of Representatives tive communications were taken from tivities (Transmittal No. 13–94), pursuant to Washington, DC 22 U.S.C. 2767(f); to the Committee on Inter- DEAR MR. SPEAKER: Pursuant to Section the Speaker’s table and referred as fol- national Relations. 904(b) of Public Law 103–236, I hereby appoint lows: 14. A letter from the Acting Director, De- the following individuals to the Commission 1. A communication from the President of fense Security Assistance Agency, transmit- on Protecting and Reducing Government Se- the United States, transmitting a report of ting the fiscal year 1994 annual report on the crecy: Representative Larry Combest of one revised deferral of budgetary resources, operation of the special defense acquisition January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 119 fund, pursuant to 22 U.S.C. 2795b(a); to the 27. A communication from the President of 38. A letter from the Chairman, Council of Committee on International Relations. the United States, transmitting his fourth the District of Columbia, transmitting a 15. A letter from the Assistant Secretary report on the continuing deployment of a copy of D.C. Act 10–346, ‘‘Public Assistance for Legislative Affairs, Department of State, United States Army peacekeeping contin- and Day Care Policy Temporary Amendment transmitting a report pursuant to section 3 gent as part of the U.N. Protection Force Act of 1994,’’ pursuant to D.C. Code, section of the AECA concerning the unauthorized (UNPROFOR] in the former Yugoslav Repub- 1–233(c)(1); to the Committee on Government transfer of U.S.-origin defense articles, pur- lic of Macadonia [FYROM], consistent with Reform and Oversight. suant to 22 U.S.C. 2314(d); to the Committee the War Powers Resolution (H. Doc. No. 104– 39. A letter from the Chairman, Council of on International Relations. 6); to the Committee on International Rela- the District of Columbia, transmitting a 16. A communication from the President of tions and ordered to be printed. copy of D.C. Act 10–345, ‘‘Prevention of the the United States, transmitting an unclassi- 28. A letter from the Director, Office of Spread of the Human Immunodeficiency fied report on the Loan Guarantees to Israel Management and Budget, transmitting OMB Virus and Acquired Immunodeficiency Syn- Program and on economic conditions in Is- estimate of the amount of change in outlays drome Temporary Amendment Act of 1994,’’ rael, pursuant to section 226(k) of the For- or receipts, as the case may be, in each fiscal pursuant to D.C. Code, section 1–233(c)(1); to eign Assistance Act of 1961, as amended; to year through fiscal year 1999 resulting from the Committee on Government Reform and the Committee on International Relations. passage of H.R. 5110, pursuant to Public Law Oversight. 17. A communication from the President of 101–508, section 13101(a) (104 Stat. 1388–582); to 40. A letter from the Chairman, Council of the United States, transmitting the second the Committee on Government Reform and the District of Columbia, transmitting a monthly report on the situation in Haiti, Oversight. copy of D.C. Act 10–343, ‘‘Qualified Massage pursuant to 50 U.S.C. 1541 note; to the Com- 29. A communication from the President of mittee on International Relations. the United States, transmitting his report Therapists Amendment Act of 1994,’’ pursu- 18. A communication from the President of on the implementation of locality-based ant to D.C. Code, section 1–233(c)(1); to the the United States, transmitting the third comparability payments for General Sched- Committee on Government Reform and monthly report on the situation in Haiti, ule employees for calendar year 1995, pursu- Oversight. pursuant to 50 U.S.C. 1541 note; to the Com- ant to 5 U.S.C. 5304(d)(3) (H. Doc. No. 104–13); 41. A letter from the Chairman, Council of mittee on International Relations. to the Committee on Government Reform the District of Columbia, transmitting a 19. A communication from the President of and Oversight and ordered to be printed. copy of D.C. Act 10–340, ‘‘Medicaid Benefits the United States, transmitting the bi- 30. A letter from the Secretary, Depart- Protection Act of 1994,’’ pursuant to D.C. monthly report on progress toward a nego- ment of Agriculture, transmitting the semi- Code, section 1–233(c)(1); to the Committee tiated solution of the Cyprus problem, in- annual report of the inspector general for on Government Reform and Oversight. cluding any relevant reports from the Sec- the period April 1, 1994, through September 42. A letter from the Chairman, Council of retary General of the United Nations, pursu- 30, 1994, pursuant to Public Law 95–452, sec- the District of Columbia, transmitting a ant to 22 U.S.C. 2373(c); to the Committee on tion 5(b) (102 Stat. 2526); to the Committee copy of D.C. Act 10–341, ‘‘Respiratory Care International Relations. on Government Reform and Oversight. Practice Amendment Act of 1994,’’ pursuant 20. A communication from the President of 31. A letter from the inspector general, De- to D.C. Code, section 1–233(c)(1); to the Com- the United States, transmitting the final partment of Commerce, transmitting the mittee on Government Reform and Over- part of his report on the extent to which fed- semiannual report on the activities of the in- sight. erally funded international exchange pro- spector general for the period ending Sep- 43. A letter from the Chairman, Council of grams share similar objectives, pursuant to tember 30, 1994, pursuant to Public Law 95– the District of Columbia, transmitting a section 229(a) of the Foreign Relations Au- 452, section 5(b) (102 Stat. 2526); to the Com- copy of D.C. Act 10–342, ‘‘Moratorium on the thorization Act, fiscal years 1994 and 1994; to mittee on Government Reform and Over- Issuance of New Retailer’s Licenses Class B the Committee on International Relations. sight. Amendment Act of 1994,’’ pursuant to D.C. 21. A communication from the President of 32. A letter from the Secretary, Depart- the United States, transmitting a report on Code, section 1–233(c)(1); to the Committee ment of Education, transmitting the semi- developments since his last report concern- on Government Reform and Oversight. annual report of the inspector general for ing the national emergency with respect to 44. A letter from the Auditor, District of the period April 1, 1994, through September the Governments of Serbia and Montenegro, Columbia, transmitting a copy of a report 30, 1994, pursuant to Public Law 95–452, sec- pursuant to 50 U.S.C. 1703(c) (H. Doc. No. 104– entitled ‘‘Review of the Implementation of tion 5(b) (102 Stat. 2526); to the Committee 5); to the Committee on International Rela- Audit Recommendations For the Public Ac- on Government Reform and Oversight. tions and ordered to be printed. cess Corporation of the District of Colum- 33. A letter from the Secretary of Edu- 22. A communication from the President of bia,’’ pursuant to D.C. Code, section 47– cation, transmitting the semiannual report the United States, transmitting notification 117(d); to the Committee on Government Re- that the Libyan emergency is to continue in of the inspector general for the period April form and Oversight. effect beyond January 7, 1995, pursuant to 50 1, 1994, through September 30, 1994, pursuant 45. A letter from the Auditor, District of U.S.C. 1622(d) (H. Doc. No. 104–7); to the Com- to Public Law 95–452, section 5(b) (102 Stat. Columbia, transmitting a copy of a report mittee on International Relations and or- 2526); to the Committee on Government Re- entitled ‘‘Program Review of the District of dered to be printed. form and Oversight. Columbia Lottery and Charitable Games 34. A letter from the Secretary, Depart- 23. A communication from the President of Control Board For Fiscal Years 1988 Through ment of Health and Human Services, trans- the United States, transmitting a report on 1993,’’ pursuant to D.C. Code, section 47– mitting the semiannual report of the inspec- the status of efforts to obtain Iraq’s compli- 117(d); to the Committee on Government Re- tor general for the period April 1, 1994, ance with the resolutions adopted by the form and Oversight. through September 30, 1994, and management U.N. Security Council, pursuant to Public 46. A letter from the Comptroller General, report for the same period, pursuant to Pub- Law 102–1, section 3 (105 Stat. 4) (H. Doc. No. General Accounting Office, transmitting the 104–11); to the Committee on International lic Law 95–452, section 5(b) (102 Stat. 2515. 2526); to the Committee on Government Re- list of all reports issued or released in No- Relations and ordered to be printed. vember 1994, pursuant to 31 U.S.C. 719(h); to 24. A letter from the Assistant Legal Ad- form and Oversight. 35. A letter from the Secretary, Depart- the Committee on Government Reform and viser for Treaty Affairs, Department of Oversight. State, transmitting copies of international ment of the Interior, transmitting the semi- 47. A letter from the Chairman, Armed agreements, other than treaties, entered into annual report of the inspector general for Forces Retirement Home Board, transmit- by the United States, pursuant to 1 U.S.C. the period April 1, 1994, through September ting the semiannual report on activities of 112b(a); to the Committee on International 30, 1994, together with the Secretary’s report Relations. on audit followup, pursuant to Public Law the inspector general for the period April 1, 25. A letter from the Assistant Legal Ad- 95–452, section 5(b) (102 Stat. 2526); to the 1994, through September 30, 1994, pursuant to viser for Treaty Affairs, Department of Committee on Government Reform and Public Law 95–452, section 5(b) (102 Stat. State, transmitting copies of international Oversight. 2526); to the Committee on Government Re- agreements, other than treaties, entered into 36. A letter from the Chairman, Council of form and Oversight. by the United States, pursuant to 1 U.S.C. the District of Columbia, transmitting a 48. A letter from the Chairman, Commod- 112b(a); to the Committees on International copy of D.C. Act 10–347, ‘‘Closing of a Public ity Futures Trading Commission, transmit- Relations. Alley in Square 120, S.O. 91–8, Act of 1994,’’ ting the annual report under the Federal 26. A letter from the Assistant Secretary pursuant to D.C. Code, section 1–233(c)(1); to Managers’ Financial Integrity Act for fiscal for Legislative Affairs, Department of State, the Committee on Government Reform and year 1995, pursuant to 31 U.S.C. 3512(c)(3); to transmitting the Secretary’s certification Oversight. the Committee on Government Reform and and justifications that the Republic of 37. A letter from the Chairman, Council of Oversight. Belarus, the Republic of Kazakhstan, the the District of Columbia, transmitting a 49. A letter from the Chief Executive Offi- Russian Federation, and Ukraine are com- copy of D.C. Act 10–344, ‘‘Armory Board In- cer, Corporation for National Service, trans- mitted to the courses of action described in terim Authority Temporary Amendment Act mitting the semiannual report on activities section 1201 of the Cooperative Threat Re- of 1994,’’ pursuant to D.C. Code, section 1– of the inspector general for the period April duction Act of 1994; to the Committee on 233(c)(1); to the Committee on Government 1, 1994, through September 30, 1994, pursuant International Relations. Reform and Oversight. to Public Law 95–452, section 5(b) (102 Stat. H 120 CONGRESSIONAL RECORD — HOUSE January 4, 1995 2526); to the Committee on Government Re- general for the period April 1, 1994, through 2526); to the Committee on Government Re- form and Oversight. September 30, 1994, pursuant to Public Law form and Oversight. 50. A letter from the Chairman, Corpora- 95–452, section 5(b) (102 Stat. 2526); to the 72. A letter from the Chairman, National tion for Public Broadcasting, transmitting Committee on Government Reform and Science Board, transmitting the semiannual the semiannual report on activities of the in- Oversight. report on activities of the inspector general spector general for the period April 1, 1994, 61. A letter from the Administrator, Gen- for the period April 1, 1994, through Septem- through September 30, 1994, pursuant to Pub- eral Services Administration, transmitting ber 30, 1994, through September 30, 1994, pur- lic Law 95–452, section 5(b) (102 Stat. 2526); to the semiannual report on the activities of suant to Public Law 95–452, section 5(b) (102 the Committee on Government Reform and the Department’s inspector general for the Stat. 2526); to the Committee on Government Oversight. period April 1, 1994, through September 30, Reform and Oversight. 51. A letter from the Secretary, Depart- 1994, and the management report for the 73. A letter from the Director, Office of ment of the Treasury, transmitting the same period, pursuant to Public Law 95–452, Personnel Management, transmitting the semiannual report on activities of the in- section 5(b) (102 Stat. 2526); to the Commit- semiannual report of the inspector general spector general for the period April 1, 1994, tee on Government Reform and Oversight. for the period of April 1, 1994, through Sep- through September 30, 1994, pursuant to Pub- 62. A letter from the Chairman, Inter- tember 30, 1994, and management response lic Law 95–452, section 5(b) (102 Stat. 2526); to national Trade Commission, transmitting for the same period, pursuant to Public Law the Committee on Government Reform and the semiannual report on activities of the in- 95–452, section 5(b) (102 Stat. 2515, 2526); to Oversight. spector general for the period April 1, 1994, the Committee on Government Reform and 52. A letter from the Secretary, Depart- through September 30, 1994, pursuant to Pub- Oversight. ment of the Treasury, transmitting the lic Law 95–452, section 5(b) (102 Stat. 2526); to 74. A letter from the Director, Peace Corps, semiannual report of activities of the inspec- the Committee on Government Reform and transmitting the annual report under the tor general for the period April 1, 1994, Oversight. Federal Managers’ Financial Integrity Act through September 30, 1994, and the Sec- retary’s semiannual report for the same pe- 63. A letter from the Chairman, Interstate for fiscal year 1995, pursuant to 31 U.S.C. riod, pursuant to Public Law 95–452, section Commerce Commission, transmitting the 3512(C)(3); to the Committee on Government 5(b) (102 Stat. 2515, 2526); to the Committee semiannual report on activities of the in- Reform and Oversight. on Government Reform and Oversight. spector general for the period April 1, 1994, 75. A letter from the Director, Peace Corps, 53. A letter from the Deputy Secretary, De- through September 30, 1994, pursuant to Pub- transmitting the semiannual report on ac- partment of Defense, transmitting the semi- lic Law 95–452, section 5(b) (102 Stat. 2526); to tivities of the inspector general for the pe- annual report of the inspector general for the Committee on Government Reform and riod April 1, 1994, through September 30, 1994, the period April 1, 1994, through September Oversight. pursuant to Public Law 95–452, section 5(b) 30, 1994, pursuant to Public Law 95–452, sec- 64. A letter from the Administrator, Na- (102 Stat. 2526); to the Committee on Govern- tion 5(b) (96 Stat. 750, 102 Stat. 2526); to the tional Aeronautics and Space Administra- ment Reform and Oversight. Committee on Government Reform and tion, transmitting the semiannual report on 76. A letter from the Chairman, Securities Oversight. the activities of the inspector general for the and Exchange Commission, transmitting a 54. A letter from the Attorney General, De- period ending September 30, 1994, pursuant to copy of the annual report in compliance with partment of Justice, transmitting the semi- Public Law 95–452, section 5(b) (102 Stat. the Government in the Sunshine Act during annual report of the inspector general for 2526); to the Committee on Government Re- the calendar year 1993, pursuant to 5 U.S.C. the period April 1, 1994, through September form and Oversight. 552b(j); to the Committee on Government Re- 30, 1994, and the management report for the 65. A letter from the Acting Archivist, Na- form and Oversight. same period, pursuant to Public Law 95–452, tional Archives, transmitting the annual re- 77. A letter from the Chairman, Securities section 5(b) (102 Stat. 2515, 2526); to the Com- port under the Federal Managers’ Financial and Exchange Commission, transmitting the mittee on Government Reform and Over- Integrity Act for fiscal year 1994, pursuant to semiannual report on activities of the in- sight. 31 U.S.C. 3512(c)(3); to the Committee on spector general for the period April 1, 1994, 55. A letter from the Secretary, Depart- Government Reform and Oversight. through September 30, 1994, pursuant to Pub- ment of Transportation, transmitting the 66. A letter from the Chairman, National lic Law 95–452, section 5(b) (102 Stat. 2526); to semiannual report on activities of the in- Credit Union Administration, transmitting the Committee on Government Reform and spector general for the period April 1, 1994, the semiannual report on activities of the in- Oversight. through September 30, 1994, pursuant to Pub- spector general for the period April 1, 1994, 78. A letter from the Director, Selective lic Law 95–452, section 5(b) (102 Stat. 2526); to through September 30, 1994, pursuant to Pub- Service System, transmitting the annual re- the Committee on Government Reform and lic Law 95–452, section 5(b) (102 Stat. 2526); to port under the Federal Managers’ Financial Oversight. the Committee on Government Reform and Integrity Act for fiscal year 1994, pursuant to 56. A letter from the Secretary, Depart- Oversight. 31 U.S.C. 3512(c)(3); to the Committee on ment of Veterans Affairs, transmitting the 67. A letter from the Chairman, National Government Reform and Oversight. semiannual report of the inspector general Credit Union Administration, transmitting 79. A letter from the Administrator, Small for the period April 1, 1994, through Septem- the annual report under the Federal Man- Business Administration, transmitting the ber 30, 1994, and the Department’s manage- agers’ Financial Integrity Act for fiscal year semiannual report of the inspector general ment report for the same period, pursuant to 1994, pursuant to 31 U.S.C. 3512(c)(3); to the for the period April 1, 1994, through Septem- Public Law 95–452, section 5(b) (102 Stat. 2526, Committee on Government Reform and ber 30, 1994, and the management report on 2640); to the Committee on Government Re- Oversight. final actions, pursuant to Public Law 95–452, form and Oversight. 68. A letter from the Chairman, National section 5(b) (102 Stat. 2526); to the Commit- 57. A letter from the Administrator, Envi- Endowment for the Arts, transmitting the tee on Government Reform and Oversight. ronmental Protection Agency, transmitting annual report under the Federal Managers’ 80. A letter from the Secretary, Smithso- the semiannual report of the Office of In- Financial Integrity Act for fiscal year 1994, nian Institution, transmitting the semi- spector General covering the period April 1, pursuant to 31 U.S.C. 3512(c)(3); to the Com- annual report on activities of the inspector 1994, through September 30, 1994, and the mittee on Government Reform and Over- general for the period April 1, 1994, through semiannual management report, pursuant to sight. September 30, 1994, pursuant to Public Law Public Law 95–452, section 5(b) (102 Stat. 69. A letter from the President, National 95–452, section 5(b) (102 Stat. 2526); to the 2526); to the Committee on Government Re- Endowment for Democracy, transmitting the Committee on Government Reform and form and Oversight. semiannual report on activities of the in- Oversight. 58. A letter from the Chairman, Farm Cred- spector general for the period April 1, 1994, 81. A letter from the Executive Director, it Administration, transmitting the semi- through September 30, 1994, pursuant to Pub- State Justice Institute, transmitting the annual report on activities of the inspector lic Law 95–452, section 5(b) (102 Stat. 2526); to semiannual report on activities of the in- general for the period April 1, 1994, through the Committee on Government Reform and spector general for the period April 1, 1994, September 30, 1994, pursuant to Public Law Oversight. through September 30, 1994, pursuant to Pub- 95–452, section 5(b) (102 Stat. 2526); to the 70. A letter from the Chairman, National lic Law 95–452, section 5(b) (102 Stat. 2526); to Committee on Government Reform and Labor Relations Board, transmitting the the Committee on Government Reform and Oversight. semiannual report of the Office of the In- Oversight. 59. A letter from the Federal Housing Fi- spector General for the period April 1, 1994, 82. A letter from the Chairman, Thrift De- nance Board, transmitting the semiannual through September 30, 1994, pursuant to Pub- positor Protection Oversight Board, trans- report on activities of the inspector general lic Law 95–452, section 8E(h)(2) (102 Stat. mitting the semiannual report on activities for the period April 1, 1994, through Septem- 2525); to the Committee on Government Re- of the inspector general for the period April ber 30, 1994, pursuant to Public Law 95–452, form and Oversight. 1, 1994, through September 30, 1994, pursuant section 5(b) (102 Stat. 2526); to the Commit- 71. A letter from the Chairman, National to Public Law 95–452, section 5(b) (102 Stat. tee on Government Reform and Oversight. Mediation Board, transmitting the 1994 an- 2526); to the Committee on Government Re- 60. A letter from the Chairman, Federal nual report in compliance with the Inspector form and Oversight. Trade Commission, transmitting the semi- General Act amendments of 1988, pursuant to 83. A letter from the Chairman, U.S. Equal annual report on activities of the inspector Public Law 95–452, section 5(b) (102 Stat. Employment Opportunity Commission, January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 121 transmitting the semiannual report on ac- Committee on Ways and Means and ordered gress (Rept. 103–885). Referred to the Com- tivities of the inspector general for the pe- to be printed. mittee of the Whole House on the State of riod April 1, 1994, through September 30, 1994, 96. A communication from the President of the Union. pursuant to Public Law 95–452, section 5(b) the United States, transmitting a report Mr. DE LA GARZA: Committee on Agri- (102 Stat. 2526); to the Committee on Govern- concerning emigration laws and policies of culture. Report on activities of the Commit- ment Reform and Oversight. the Russian Federation, pursuant to 19 tee on Agriculture during the 103d Congress 84. A letter from the Administrator, U.S. U.S.C. 2432(b) (H. Doc. No. 104–12); to the (Rept. 103–886). Referred to the Committee of Information Agency, transmitting the semi- Committee on Ways and Means and ordered the Whole House on the State of the Union. annual report of the inspector general’s ac- to be printed. Mr. STUDDS: Committee on Merchant Ma- tivities for the period April 1, 1994, through 97. A letter from the Acting Secretary, De- rine and Fisheries. Final report on the ac- September 30, 1994, pursuant to Public Law partment of the Treasury; transmitting the tivities of the Committee on Merchant Ma- 99–399, section 412(a); to the Committee on U.S. Government annual report for the fiscal rine and Fisheries Committee, 103d Congress Government Reform and Oversight. year ended September 30, 1994, pursuant to 31 (Rept. 103–887). Referred to the Committee of 85. A letter from the Director, U.S. Infor- U.S.C. 331(c); to the Committee on Ways and the Whole House on the State of the Union. mation Agency, transmitting the semi- Means. Mr. BROWN of California: Committee on annual report of the inspector general for 98. A letter from the Director, Office of Science, Space, and Technology. Summary the period April 1, 1994, through September Management and Budget, transmitting of activities of the Committee on Science, 30, 1994, pursuant to Public Law 99–399, sec- OMB’s final sequestration report to the Space, and Technology (Rept. 103–888). Re- tion 412(a); to the Committee on Government President and Congress for fiscal year 1995, ferred to the Committee of the Whole House Reform and Oversight. pursuant to Public Law 101–508, section on the State of the Union. 86. A letter from the Chairman, U.S. Merit 13101(a) (104 Stat. 1388–587); to the Committee Mr. OBEY: Committee on Appropriations. Systems Protection Board, transmitting the on the Whole House on the State of the Report on the activities of the Committee on semiannual report on activities of the in- Union. Appropriations (Rept. 103–889). Referred to spector general for the period April 1, 1994, f the Committee of the Whole House on the through September 30, 1994, pursuant to Pub- State of the Union. lic Law 95–452, section 5(b) (102 Stat. 2526); to REPORTS OF COMMITTEES ON the Committee on Government Reform and f Oversight. PUBLIC BILLS AND RESOLUTIONS 87. A letter from the Director, U.S. Arms Under clause 2 of rule XIII, reports of PUBLIC BILLS AND RESOLUTIONS Control and Disarmament Agency, transmit- committees were delivered to the Clerk ting the annual report under the Federal for printing and reference to the proper Under clause 5 of rule X and clause 4 Managers’ Financial Integrity Act for fiscal calendar, as follows: of rule XXII, public bills and resolu- year 1994, pursuant to 31 U.S.C. 3512(c)(3); to tions were introduced and severally re- the Committee on Government Reform and [Submitted December 22, 1994] ferred as follows: Oversight. Mr. MINETA: Committee on Public Works 88. A letter from the Staff Director, U.S. By Mr. SHAYS, Mr. GOODLING, and and Transportation. Summary of legislative Mr. THOMAS (for themselves, and Commission on Civil Rights, transmitting activities of the Committee on Public Works Mr. MCHALE, Mr. HOYER, Mr. DICKEY, the semiannual report on activities of the in- and Transportation, 103d Congress (Rept. 103– Mr. HAMILTON, Mrs. FOWLER, Mrs. spector general for the period April 1, 1994, 877). Referred to the Committee of the Whole CLAYTON, Mr. FAWELL, Mr. BARRETT through September 30, 1994, pursuant to Pub- House on the State of the Union. of Wisconsin, Mr. BARTLETT of Mary- lic Law 95–452, section 5(b) (102 Stat. 2526); to Mr. MONTGOMERY: Committee on Veter- land, Mr. TORKILDSEN, Mr. MCKEON, the Committee on Government Reform and ans’ Affairs. Activities report of the Commit- Mr. ALLARD, Mr. ARCHER, Mr. ARMEY, Oversight. tee on Veterans’ Affairs, House of Represent- Mr. BACHUS, Mr. BAKER of Louisiana, 89. A letter from the Chairman, U.S. Com- atives, 103d Congress (Rept. 103–878). Referred Mr. BAKER of California, Mr. mission for the Preservation of America’s to the Committee of the Whole House on the Heritage Abroad, transmitting the annual BALLENGER, Mr. BARR, Mr. BARRETT State of the Union. report under the Federal Managers’ Finan- of Nebraska, Mr. BARTON of Texas, cial Integrity Act for fiscal year 1994, pursu- [Submitted December 23, 1994] Mr. BEREUTER, Mr. BILBRAY, Mr. BLI- ant to 31 U.S.C. 3512(c)(3); to the Committee Mr. GLICKMAN: Permanent Select Com- LEY, Mr. BLUTE, Mr. BOEHLERT, Mr. on Government Reform and Oversight. mittee on Intelligence. Report on the activi- BONILLA, Mr. BONO, Mr. BRYANT of 90. A letter from the Public Printer, U.S. ties of the Permanent Select Committee on Tennessee, Mr. BUNN of Oregon, Mr. Government Printing Office, transmitting Intelligence during the 103d Congress (Rept. BUNNING of Kentucky, Mr. BURR, Mr. the semiannual report of the Office of In- 103–879). Referred to the Committee of the BUYER, Mr. CALVERT, Mr. CAMP, Mr. spector General for the period April 1, 1994, Whole House on the State of the Union. CANADY, Mr. CASTLE, Mr. CHABOT, through September 30, 1994, and the manage- [Submitted December 29, 1994] Mr. CHAMBLISS, Mr. CHRISTENSEN, Mr. ment report for the same period, pursuant to CHRYSLER, Mr. CLINGER, Mr. COBLE, Mr. HAMILTON: Committee on Foreign 44 U.S.C. 3903 (102 Stat. 2531); to the Commit- Mr. COBURN, Mr. COMBEST, Mr. COX, Affairs. Legislative review activities of the tee on Government Reform and Oversight. Mr. CRANE, Mr. CRAPO, Mr. Committee on Foreign Affairs during the 91. A letter from the Director, U.S. Sol- CREMEANS, Mr. CUNNINGHAM, Mr. 103d Congress (Rept. 103–880). Referred to the diers’ & Airmen’s Home, transmitting the DAVIS, Mr. DOOLITTLE, Mr. DREIER, Committee of the Whole House on the State annual report under the Federal Managers’ Ms. DUNN of Washington, Mr. EHR- of the Union. Financial Integrity Act for fiscal 1994, pursu- LICH, Mr. ENSIGN, Mr. EWING, Mr. Mr. DELLUMS: Committee on Armed ant to 31 U.S.C. 3512(c)(3); to the Committee FLANAGAN, Mr. FOLEY, Mr. FRANKS of Services. Report of the activities of the Com- on Government Reform and Oversight. New Jersey, Mr. FRANKS of Connecti- mittee on Armed Services for the 103d Con- 92. A letter from the Director, Woodrow cut, Mr. FRISA, Mr. GALLEGLY, Mr. gress (Rept. 103–881). Referred to the Com- Wilson Center, transmitting the annual re- GANSKE, Mr. GILLMOR, Mr. mittee of the Whole House on the State of port under the Federal Managers’ Financial GOODLATTE, Mr. GOSS, Mr. GRAHAM, the Union. Integrity Act for fiscal year 1994, pursuant to Mr. GREENWOOD, Mr. GUTKNECHT, Mr. 31 U.S.C. 3512(c)(3); to the Committee on [Submitted January 2, 1995] HANCOCK, Mr. HEFLEY, Mr. HOEKSTRA, Government Reform and Oversight. Mr. DINGELL: Committee on Energy and Mr. HORN, Mr. HOSTETTLER, Mr. 93. A letter from the Clerk of the House, Commerce. Report on the activities of the HOUGHTON, Mr. SAM JOHNSON, Mr. transmitting a list of reports pursuant to Committee on Energy and Commerce for the JONES, Mr. KASICH, Mr. KIM, Mr. clause 2, rule III of the Rules of the House of 103d Congress (Rept. 103–882). Referred to the KING, Mr. KLUG, Mr. KNOLLENBERG, Representatives (H. Doc. No. 104–15); to the Committee of the Whole House on the State Mr. LAHOOD, Mr. LANTOS, Mr. Committee on House Oversight and ordered of the Union. LARGENT, Mr. LATOURETTE, Mr. to be printed. Mr. BROOKS: Committee on the Judiciary. LAZIO of New York, Mr. LEACH, Mr. 94. A communication from the President of Report on the activities of the Committee on LEWIS of Kentucky, Mr. LIGHTFOOT, the United States, transmitting a report on the Judiciary during the 103d Congress Mr. LINDER, Mr. LIVINGSTON, Mr. standards for assessing and enhancing the (Rept. 103–883). Referred to the Committee of LOBIONDO, Mr. LONGLEY, Mr. LUCAS, seimic safety of existing buildings con- the Whole House on the State of the Union. Mr. MCCOLLUM, Mr. MCDADE, Mr. structed for or leased by the Federal Govern- Mr. CONYERS: Committee on Government MCHUGH, Mr. MCINNIS, Mr. MCINTOSH, ment, pursuant to Public Law 101–614, sec- Operations. Report on the activities of the Mr. MANZULLO, Mr. MARTINI, Mrs. tion 8 (104 Stat. 3237); to the Committee on Committee on Government Operations dur- MEYERS of Kansas, Mr. MICA, Mr. Science. ing the 103d Congress (Rept. 103–884). Re- MILLER of Florida, Ms. MOLINARI, Mr. 95. A communication from the President of ferred to the Committee of the Whole House MOORHEAD, Mrs. MORELLA, Mrs. the United States, transmitting a report on the State of the Union. MYRICK, Mr. NETHERCUTT, Mr. NEY, concerning emigration laws and policies of Mr. LAFALCE: Committee on Small Busi- Mr. NORWOOD, Mr. NUSSLE, Mr. PACK- the Republic of Bulgaria, pursuant to 19 ness. Summary of activities of the Commit- ARD, Mr. PAXON, Mr. PETRI, Mr. POR- U.S.C. 2432(b) (H. Doc. No. 104–10); to the tee on Small Business during the 103d Con- TER, Ms. PRYCE, Mr. QUILLEN, Mr. H 122 CONGRESSIONAL RECORD — HOUSE January 4, 1995

QUINN, Mr. RADANOVICH, Mr. REGULA, Mr. SMITH of Texas, Mr. SOLOMON, KNOLLENBERG, Mr. BILIRAKIS, Mr. Mr. RIGGS, Mr. ROBERTS, Mr. Mr. STEARNS, Mr. STOCKMAN, Mr. HAYWORTH, Mr. FOX, Mr. ROHRABACHER, Mr. ROTH, Mrs. ROU- STUMP, Mr. TALENT, Mr. TATE, Mr. RADANOVICH, Mr. ROTH, Mr. WAMP, KEMA, Mr. ROYCE, Mr. SAXTON, Mr. TAYLOR of North Carolina, Mr. Mr. GOODLING, Mr. GILCHREST, Mr. SENSENBRENNER, Mr. SKEEN, Mr. THORNBERRY, Mr. TIAHRT, Mr. UPTON, SOLOMON, Mr. BLILEY, Mr. DOOLITTLE, SMITH of Texas, Mr. SOUDER, Mr. Mrs. WALDHOLTZ, Mr. WAMP, Mr. Mr. PACKARD, Mr. STUMP, Mr. EVER- STEARNS, Mr. STUMP, Mr. TAYLOR of WELDON of Florida, Mr. WELDON of ETT, Mr. GILMAN, Mr. MILLER of Flor- North Carolina, Mrs. VUCANOVICH, Pennsylvania, Mr. WHITFIELD, Mr. ida, Mr. DORNAN, Mr. HASTERT, Mr. Mr. WAMP, Mr. YOUNG of Florida, Mr. WICKER, Mr. WELLER, Mr. ZELIFF, Mr. CUNNINGHAM, Mr. FORBES, Mr. ACKERMAN, Mr. BRYANT of Texas, Mr. ZIMMER, Mr. KOLBE, Mr. PAXON, Mr. LINDER, Mr. BLUTE, Mr. CARDIN, Mr. CONDIT, Ms. DANNER, Ms. YOUNG of Florida, Mr. COMBEST, Mr. ROHRABACHER, Mr. COOLEY, Mr. ESHOO, Mr. FILNER, Mr. GORDON, Mr. COBLE, Mr. EHRLICH, and Mrs. MEY- SMITH of Texas, Mr. CLINGER, Mr. HOLDEN, Mr. JOHNSON of South Da- ERS of Kansas): BACHUS, Mr. BALLENGER, Mr. CAL- kota, Mr. JOHNSTON of Florida, Mr. H.R. 20 A bill to give the President item LAHAN, Mr. ENGLISH, Mr. SAXTON, Mr. KLINK, Mr. LAFALCE, Mrs. MALONEY, veto authority over appropriation acts and CHRYSLER, Mr. CAMP, Mr. HANCOCK, Mr. MARKEY, Mr. MEEHAN, Mr. NEAL targeted tax benefits in revenue acts; to the Mr. NUSSLE, Mr. GREENWOOD, Mr. of Massachusetts, Mr. ORTON, Mr. committee on Government Reform and Over- BARTLETT of Maryland, Mr. TAYLOR PALLONE, Mr. POMBO, Mr. POSHARD, sight, and in addition to the Committee on of North Carolina, Mr. MCCRERY, Mr. Mr. REED, Mr. ROEMER, Mr. SCHUMER, Rules, for a period to be subsequently deter- LARGENT, Mr. BAKER of Louisiana, Ms. SLAUGHTER, Mr. STENHOLM, Mrs. mined by the Speaker, in each case for con- Mr. COLLINS of Georgia, Mr. ARCHER, THURMAN, Mr. SANDERS, Mr. FORBES, sideration of such provisions as fall within Mr. THOMAS, Mr. HERGER, Mr. SAM Mr. SOLOMON, Mr. ROSE, Mr. KOLBE, the jurisdiction of the committee concerned. JOHNSON, Mr. STEARNS, Mr. STOCK- Mr. PARKER, Mr. SCHAEFER, and Mr. By Mr. MCCOLLUM, Mr. CANADY, Mr. MAN, Mr. SMITH of Michigan, Mr. UPTON): BARR, and Mr. BREWSTER (for BAKER of California, Mrs. ROUKEMA, H.R. 1. A bill to make certain laws applica- themselves, Mr. ALLARD, Mr. ARMEY, Mr. SENSENBRENNER, Mr. HEINEMAN, ble to the legislative branch of the Federal Mr, BACHUS, Mr. BAKER of California, Mrs. FOWLER, Mr. ROYCE, Mr. FLANA- Government; to the Committee on Economic Mr. BALLENGER, Mr. BARTLETT of GAN, Mr. BURR, Mr. LATHAM, Ms. and Educational Opportunities, and in addi- Maryland, Mr. BARTON of Texas, Mr. MOLINARI, Mr. GUNDERSON, Mr. tion to the Committees on House Oversight, BILIRAKIS, Mr. BLILEY, Mr. BLUTE, RIGGS, Mr. THORNBERRY, Mr. ALLARD, Government Reform and Oversight, Rules, Mr. BONO, Mr. BUNNING, Mr. BURR, Mr. CHRISTENSEN, Mr. GOODLATTE, and the Judiciary, for a period to be subse- Mr. CALLAHAN, Mr. CALVERT, Mr. Mr. HILLEARY, Mr. WICKER, Mr. BONO, quently determined by the Speaker, in each CAMP, Mr. CHRISTENSEN, Mr. CHRYS- Mr. FRISA, Mr. SHADEGG, Mr. CANADY, case for consideration of such provisions as LER, Mr. CLINGER, Mr. COBURN, Mr. Mr. MCCOLLUM, Mr. BARTON of Texas, fall within the jurisdiction of the committee COOLEY, Mr. CREMEANS, Mrs. CUBIN, Mr. BARR, Mr. ARMEY, Mr. HORN, Ms. concerned. Mr. DAVIS, Mr. DOOLITTLE, Mr. DOR- DUNN, Mr. TATE, Mr. MICA, Mr. By Mr. CLINGER, Mr. BLUTE, Mr. NAN, Ms. DUNN, Mr. ENGLISH, Mr. EM- CRAPO, Mr. PAXON, Mr. YOUNG of NEUMANN, and Mr. PARKER (for ERSON, Mr. EWING, Mr. EVERETT, Mr. Florida, Mr. WELDON of Pennsylva- themselves, Mr. ALLARD, Mr. ARMEY, FLANAGAN, Mr. FOLEY, Mr. FORBES, nia, Mr. COMBEST, Mr. COBLE, and Mr. Mr. BAKER of California, Mr. Mrs. FOWLER, Mr. FOX, Mr. FRISA, EHRLICH): BUNNING, Mr. BACHUS, Mr. Mr. GANSKE, Mr. GILCHREST, Mr. GIL- H.R. 4. A bill to restore the American fam- BALLENGER, Mr. BARR, Mr. BARTLETT MAN, Mr. GOODLATTE, Mr. GORDON, ily, reduce illegitimacy, control welfare of Maryland, Mr. BARTON of Texas, Mr. GOSS, Mr. GREENWOOD, Mr. HAN- spending, and reduce welfare dependence: Mr. BILIRAKIS, Mr. BONO, Mr. BRYANT COCK, Mr. HASTERT, Mr. HASTINGS of Title I, referred to the Committee on Ways of Tennessee, Mr. BROWNBACK, Mr. Washington, Mr. HAYWORTH, Mr. and Means, and in addition to the Committee BURR, Mr. BURTON of Indiana, Mr. HEINEMAN, Mr. HERGER, Mr. on Banking and Financial Services, for a pe- CALVERT, Mr. CALLAHAN, Mr. CAMP, HILLEARY, Mr. HOBSON, Mr. HOKE, Mr. riod to be subsequently determined by the Mr. CANADY, Mr. CASTLE, Mr. HOSTETTLER, Mr. HUTCHINSON, Mr. Speaker, in each case for consideration of CHRISTENSEN, Mr. CHRYSLER, Mr. INGLIS of South Carolina, Mr. ISTOOK, such provisions as fall within the jurisdic- COBURN, Mr. COLLINS of Georgia, Ms. Mr. JONES, Mr. KIM, Mr. KINGSTON, tion of the committee concerned; COLLINS of Michigan, Mr. COOLEY, Mr. KNOLLENBERG, Mr. LAHOOD, Mr. Title II, referred to the Committee on Mr. COX, Mr. CRAPO, Mr. CREMEANS, LARGENT, Mr. LATHAM, Mr. Ways and Means, and in addition to the Com- Mr. CUNNINGHAM, Ms. DANNER, Mr. LATOURETTE, Mr. LEWIS of Kentucky, mittee on Economic and Educational Oppor- DAVIS, Mr. DOOLITTLE, Mr. DORNAN Mr. LIGHTFOOT, Mr. LINDER, Mr. tunities, for a period to be subsequently de- Mr. DREIER, Ms. DUNN, Mr. EMERSON, MCHUGH, Mr. MCINTOSH, Mr. MICA, termined by the Speaker, in each case for Mr. ENGLISH, Mr. ENSIGN, Mr. EVER- Mr. MILLER of Florida, Ms. MOLINARI, consideration of such provisions as fall with- ETT, Mr. EWING, Mr. FAWELL, Mr. Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, in the jurisdiction of the committee con- FLANAGAN, Mr. FOLEY, Mr. FORBES, Mr. PACKARD, Mr. POMBO, Mr. QUINN, cerned; Mrs. FOWLER, Mr. FOX, Mr. Mr. RADANOVICH, Mr. RIGGS, Mr. Title III, referred to the Committee on FRELINGHUYSEN, Mr. FRISA, Mr. ROHRABACHER, Mr. ROTH, Mr. ROYCE, Ways and Means, and in addition to the Com- GANSKE, Mr. GILLMOR, Mr. Mr. SAXTON, Mr. SENSENBRENNER, Mr. mittees on Banking and Financial Services, GOODLATTE, Mr. GOODLING, Mr. GOSS, SHADEGG, Mr. SHAW, Mr. SMITH of Economic and Educational Opportunities, Mr. GREENWOOD, Mr. GUNDERSON, Mr. Michigan, Mr. SMITH of Texas, Mr. the Budget, and Rules, for a period to be sub- HALL of Texas, Mr. HANCOCK, Mr. SOLOMON, Mr. STEARNS, Mr. STOCK- sequently determined by the Speaker, in HASTERT, Mr. HASTINGS of Washing- MAN, Mr. STUMP, Mr. TATE, Mr. TAY- each case for consideration of such provi- ton, Mr. HAYWORTH, Mr. HEINEMAN, LOR of North Carolina, Mr. sions as fall within the jurisdiction of the Mr. HERGER, Mr. HILLEARY, Mr. HOB- THORNBERRY, Mr. TIAHRT, Mrs. committee concerned; SON, Mr. HOKE, Mr. HOSTETTLER, Mr. WALDHOLTZ, Mr. WAMP, Mr. WELDON Title IV, referred to the Committee on HORN, Mr. HOUGHTON, Mr. HUTCHIN- of Pennsylvania, Mr. WELLER, Mr. Ways and Means, and in addition to the Com- SON, Mr. INGLIS of South Carolina, WICKER, Mr. ZIMMER, Mr. CRAPO, Mr. mittees on Banking and Financial Services, Mr. ISTOOK, Mrs. JOHNSON of Con- KOLBE, Mr. PAXON, Mr. YOUNG of Commerce, Economic and Educational Op- necticut, Mr. JONES, Mr. KIM, Mr. Florida, Mr. WELDON of Florida, Mr. portunities, the Judiciary, and Agriculture, KINGSTON, Mr. KNOLLENBERG, Mr. COMBEST, Mr. COBLE, Mr. EHRLICH, for a period to be subsequently determined LAHOOD, Mr. LARGENT, Mr. LATHAM, Mrs. MEYERS of Kansas, and Mr. HUN- by the Speaker, in each case for consider- Mr. LATOURETTE, Mr. LAZIO, Mr. TER): ation of such provisions as fall within the ju- LEWIS of Kentucky, Mr. LIGHTFOOT, H.R. 3. A bill to control crime; to the Com- risdiction of the committee concerned; Mr. LINDER, Mr. LOBIONDO, Mr. mittee on the Judiciary. Title V, referred to the Committee on Ag- LONGLEY, Mr. MCCOLLUM, Mr. By Mr. SHAW, Mr. TALENT, and Mr. riculture, and in addition to the Committees MCHUGH, Mr. MCINTOSH, Mr. MICA, LATOURETTE (for themselves, Mr. on Economic and Educational Opportunities Mr. MILLER of Florida, Ms. MOLINARI, HUTCHINSON, Mr. HOSTETTLER, Mr. and the Judiciary, for a period to be subse- Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, JONES, Mr. TIAHRT, Mrs. MYRICK, MR. quently determined by the Speaker, in each Mr. PACKARD, Mr. POMBO, Mr. ENSIGN, Mrs. CUBIN, Mr. KINGSTON, case for consideration of such provisions as PORTMAN, Mr. QUILLEN, Mr. QUINN, Mr. HASTINGS of Washington, Mr. fall within the jurisdiction of the committee Mr. RADANOVICH, Mr. ROHRABACHER, GANSKE, Mr. EWING, Mr. WELDON of concerned; Mr. RIGGS, Mr. ROTH, Mr. ROYCE, Mr. Florida, Mr. COBURN, Mr. LEWIS of Title VI–VII, referred to the Committee on SANFORD, Mr. SAXTON, Mr. SCHAEFER, Kentucky, Mr. BUNNING, Mr. FOLEY, Ways and Means; and Mr. SENSENBRENNER, Mr. SHADEGG, Mr. INGLIS of South Carolina, Mr. Title VIII, referred to the Committee on Mr. SHAW, Mr. SHAYS, Mr. SMITH of LIGHTFOOT, Mr. ISTOOK, Mr. CALVERT, Ways and Means, and in addition to the Com- Michigan, Mr. SMITH of New Jersey, Mr. HOBSON, Mr. CREMEANS, Mr. mittees on Agriculture, Budget, Economic January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 123 and Educational Opportunities, Banking and By Mr. SPENCE, Mr. GILMAN, Mr. in the jurisdiction of the committee con- Financial Services, Commerce, Agriculture, BRYANT of Tennessee, Mr. HAYES cerned; the Judiciary, and Rules, for a period to be (for themselves, Mr. WELDON of Penn- Title VI, referred to the Committee on subsequently determined by the Speaker, in sylvania, Mr. DORNAN, Mr. SAXTON, International Relations; and each case for consideration of such provi- Mr. TORKILDSEN, Mr. BARTLETT of Title VII, referred to the Committee on the sions as fall within the jurisdiction of the Maryland, Mr. LONGLEY, Mr. CAL- Budget. committee concerned. LAHAN, Mr. ROYCE, Mr. BACHUS, Mr. By Mr. BUNNING, Mr. HASTERT, Mrs. By Mr. CLINGER, Mr. PORTMAN, Mr. HOKE, Mr. HASTERT, Mr. SMITH of KELLY, and Mrs. THURMAN (for CONDIT, and Mr. DAVIS (for them- Texas, Mr. FUNDERBURK, Mr. themselves, Mr. WICKER, Mr. HOKE, selves, and Mr. SHAYS, Mr. MCHUGH, CLINGER, Mr. KIM, Mr. BALLENGER, Mr. FRISA, Mr. MCINTOSH, Mr. Mr. MICA, Mr. HORN, Mr. ZELIFF, Mr. Mr. POMBO, Mr. NUSSLE, Mr. CRANE, SHADEGG, Mrs. JOHNSON of Connecti- BURTON of Indiana, Mr. SCHIFF, Mr. Mr. TAYLOR of North Carolina, Mr. cut, Mr. CHRYSLER, Mr. CUNNINGHAM, BLUTE, Mr. FOX, Mr. WALSH and Mr. CRAPO, Mr. KOLBE, Mr. HALL of Mr. CANADY, Mr. MCCOLLUM, Mr. CUNNINGHAM): Texas, Mr. PAXON, Mr. YOUNG of Flor- SHAYS, Mr. BARTON of Texas, Mr. H.R. 5. A bill to curb the practice of impos- ida, Mr. COMBEST, Mr. COBLE, Mr. GILLMOR, Mr. BARR, Mr. ARMEY, Mr. ing unfunded Federal mandates on States EHRLICH, Mrs. MEYERS of Kansas, Mr. FORBES, Mr. HORN, Mrs. WALDHOLTZ, and local governments, to ensure that the STOCKMAN, Mr. SMITH of Michigan, Mr. TATE, Ms. DUNN, Mr. MICA, Mr. Federal Government pays the costs incurred Mr. BAKER of California, Mr. COX, Mr. MCHUGH, Mr. CRANE, Mr. DORNAN, by those governments in complying with cer- SHAW, Mr. HERGER, Mr. HEINEMAN, Mr. BACHUS, Mr. SMITH of Texas, Mr. tain requirements under Federal statutes Mrs. FOWLER, Mr. STEARNS, Mr. WELDON of Pennsylvania, Mr. OXLEY, and regulations, and to provide information HUTCHINSON, Mr. HANCOCK, Mr. ZIM- Mr. ROHRABACHER, Ms. DANNER, Mr. on the cost of Federal mandates on the pri- MER, Mr. LINDER, Mr. EMERSON, Mr. SAXTON, Mr. KIM, Mr. BALLENGER, vate sector, and for other purposes; to the HOSTETTLER, Mr. JONES, Mr. ENSIGN, Mr. CALLAHAN, Mr. TALENT, Mr. Committee on Government Reform and Mr. TIAHRT, Mrs. MYRICK, Mr. HOUGH- BAKER of Louisiana, Mr. SCHAEFER, Oversight, and in addition to the Commit- TON, Mr. FRELINGHUYSEN, Mr. EWING, Mr. FILNER, Mr. CRAPO, Mr. KOLBE, tees on Rules, the Budget, and the Judiciary, Mrs. CUBIN, Mr. HASTINGS of Wash- Mr. HALL of Texas, Mr. PAXON, Mr. for a period to be subsequently determined ington, Mr. WELDON of Florida, Mr. THOMAS, Mr. COMBEST, Mr. COBLE, by the Speaker, in each case for consider- GANSKE, Mr. COBURN, Mr. LARGENT, Mr. EHRLICH, Mrs. MEYERS of Kansas, ation of such provisions as fall within the ju- Mr. WELLER, Mr. LEWIS of Kentucky, Mr. YOUNG of Florida, Mr. GOSS, Mr. risdiction of the committee concerned. Mr. LAHOOD, Mr. BUNNING, Mr. STOCKMAN, Mr. SMITH of Michigan, By Mr. CRANE, Mr. NUSSLE, and Mr. FOLEY, Mr. INGLIS of South Carolina, Mr. COX, Mr. STEARNS, Mr. BAKER of SALMON (for themselves, Mr. AL- Mr. LIGHTFOOT, Mr. ISTOOK, Mr. CAL- California, Mr. SHAW, Mr. HERGER, LARD, Mr. ARMEY, Mr. BAKER of Cali- VERT, Mr. HOBSON, Mr. CREMEANS, Mr. HEINEMAN, Mr. HANCOCK, Mr. fornia, Mr. BAKER of Louisiana, Mr. Mr. KNOLLENBERG, Mr. BILIRAKIS, Mr. SENSENBRENNER, Mrs. FOWLER, Mr. BALLENGER, Mr. BARR, Mr. BARTLETT GOODLING, Mr. HAYWORTH, Mr. FOX, GREENWOOD, Mr. ZIMMER, Mr. LINDER, of Maryland, Mr. BARTON of Texas, Mr. RADANOVICH, Mr. WAMP, Mr. Mr. HUTCHINSON, Mr. EMERSON, Mr. Mr. BILIRAKIS, Mr. BLILEY, Mr. GILCHREST, Mr. BLUTE, Mr. SOLOMON, ENGLISH, Mr. HOSTETTLER, Mr. JONES, BLUTE, Mr. BONO, Mr. BUNNING, Mr. Mr. BLILEY, Mr. DOOLITTLE, Mr. Mr. ENSIGN, Mr. SMITH of New Jersey, BURR, Mr. CALLAHAN, Mr. CALVERT, PACKARD, Mr. STUMP, Mr. EVERETT, Mr. TIAHRT, Mrs. MYRICK, Mr. Mr. CAMP, Mr. CANADY, Mr. Mr. MILLER of Florida, Mr. FRELINGHUYSEN, Mr. HOUGHTON, Mrs. CREMEANS, Mr. CHRISTENSEN, Mr. LATOURETTE, Mr. FLANAGAN, Mr. CUBIN, Mr. KINGSTON, Mr. EWING, Mr. CHRYSLER, Mr. COBURN, Mr. COOLEY, BURR, Ms. MOLINARI, Mr. GUNDERSON, HASTINGS of Washington, Mr. Mrs. CUBIN, Mr. CUNNINGHAM, Mr. Mr. THORNBERRY, Mr. RIGGS, Mr. GANSKE, Mr. WELDON of Florida, Mr. DOOLITTLE, Mr. DORNAN, Ms. DUNN, GOODLATTE, Mr. CHRISTENSEN, Mr. COBURN, Mr. LARGENT, Mr. WELLER, Mr. EMERSON, Mr. ENGLISH, Mr. EN- HILLEARY, Mr. WICKER, Mr. BONO, Mr. Mr. LEWIS of Kentucky, Mr. FOLEY, SIGN, Mr. EWING, Mr. FLANAGAN, Mr. COOLEY, Mr. FRISA, Mr. MCINTOSH, Mr. INGLIS of South Carolina, Mr. FOLEY, Mrs. FOWLER, Mr. FORBES, Mr. SMITH of New Jersey, Mr. LIGHTFOOT, Mr. ISTOOK, Mr. CALVERT, Mr. FOX, Mr. FRISA, Mr. GANSKE, Mr. SHADEGG, Mrs. JOHNSON of Connecti- Mr. HOBSON, Mr. CREMEANS, Mr. GILCHREST, Mr. GILMAN, Mr. cut, Mr. CUNNINGHAM, Mr. CHRYSLER, KNOLLENBERG, Mr. BILIRAKIS, Mr. GILLMOR, Mr. GOODLATTE, Mr. GOOD- Mr. CANADY, Mr. MCCOLLUM, Mr. HAYWORTH, Mr. FOX, Mr. GOODLING, LING, Mr. GREENWOOD, Mr. GUNDER- BARTON of Texas, Mr. GILLMOR, Mr. Mr. RADANOVICH, Mr. ROTH, Mr. SON, Mr. HANCOCK, Mr. HASTINGS of BARR, Mr. ARMEY, Mr. FORBES, Mrs. WAMP, Mr. GILCHREST, Mr. BLUTE, Washington, Mr. HAYWORTH, Mr. WALDHOLTZ, Mr. TATE, Ms. DUNN, Mr. Mr. SOLOMON, Mr. DOOLITTLE, Mr. HEINEMAN, Mr. HERGER, Mr. MICA, and Mr. MCHUGH): CAMP, Mr. UPTON, Mr. PACKARD, Mr. HILLEARY, Mr. HOBSON, Mr. H.R. 7. A bill to revitalize the national se- STUMP, Mr. EVERETT, Mr. GILMAN, HOSTETTLER, Mr. HUTCHINSON, Mr. curity of the United States: Mr. MILLER of Florida, Mr. INGLIS of South Carolina, Mr. ISTOOK, Title I, referred to the Committee on Inter- LATOURETTE, Mr. ROYCE, Mr. FLANA- Mrs. JOHNSON of Connecticut, Mr. national Relations, and in addition to the GAN, Mr. BURR, Mr. LATHAM, Mr. JONES, Mr. KINGSTON, Mr. Committee on National Security, for a pe- DAVIS, Ms. MOLINARI, Mr. GUNDER- KNOLLENBERG, Mr. LARGENT, Mr. riod to be subsequently determined by the SON, Mr. THORNBERRY, Mr. RIGGS, Mr. LATOURETTE, Mr. LATHAM, Mr. LEWIS Speaker, in each case for consideration of PORTER, Mr. ALLARD, Mr. of Kentucky, Mr. LIGHTFOOT, Mr. such provisions as fall within the jurisdic- CHRISTENSEN, Mr. GOODLATTE, Mr. LINDER, Mr. LONGLEY, Mr. MCCOL- tion of the committee concerned; HILLEARY, Mr. COOLEY, and Mr. LUM, Mr. MCHUGH, Mr. MCINTOSH, Mr. Title II, referred to the Committee on Na- BONO): MICA, Mr. MILLER of Florida, Ms. tional Security; H.R. 8. A bill to amend the Social Security MOLINARI, Mrs. MYRICK, Mr. PACK- Title III, referred to the Committee on Na- Act to increase the earnings limit, to amend ARD, Mr. RADANOVICH, Mr. RIGGS, Mr. tional Security, and in addition to the Com- the Internal Revenue Code of 1986 to repeal ROTH, Mr. ROYCE, Mr. SAXTON, Mr. mittee on International Relations, for a pe- the increase in the tax on social security SENSENBRENNER, Mr. SHADEGG, Mr. riod to be subsequently determined by the benefits and to provide incentives for the SHAW, Mr. SHAYS, Mr. SMITH of New Speaker, in each case for consideration of purchase of long-term care insurance, and Jersey, Mr. SMITH of Michigan, Mr. such provisions as fall within the jurisdic- for other purposes: SOLOMON, Mr. STEARNS, Mr. STOCK- tion of the committee concerned; Titles I–III, referred to the Committee on MAN, Mr. STUMP, Mr. TALENT, Mr. Section 401, referred to the Committee on Ways and Means; and TATE, Mr. TAYLOR of North Carolina, National Security; and in addition to the Title IV, referred to the Committee on the Mr. THORNBERRY, Mr. THOMAS, Mr. Committee on International Relations, for a Judiciary. TIAHRT, Mrs. WALDHOLTZ, Mr. WAMP, period to be subsequently determined by the By Mr. ARCHER, Mr. DELAY, Mr. Mr. WELDON of Florida, Mr. WELLER, Speaker, in each case for consideration of SAXTON, and Mrs. SMITH of Wash- Mr. WICKER, Mr. ZIMMER, Mr. CRAPO, such provisions as fall within the jurisdic- ington (for themselves, Mr. TAUZIN, Mr. KOLBE, Mr. PAXON, Mr. YOUNG of tion of the committee concerned; Mr. HASTERT, Mr. DORNAN, Mr. Florida, Mr. BROWNBACK, Mr. WELDON Section 402, referred to the Committee on ROHRABACHER, Mr. BLUTE, Mr. SMITH of Pennsylvania, Mr. COMBEST, Mr. International Relations: of Texas, Mr. LINDER, Mr. KIM, Mr. COBLE, Mr. EHRLICH, and Mrs. MEY- Title V, referred to the Committee on MICA, Mr. BACHUS, Ms. DANNER, Mr. ERS of Kansas): International Relations, and in addition to HOKE, Mr. CLINGER, Mr. BALLENGER, H.R. 6. A bill to amend the Internal Reve- the Committee on National Security and the Mr. CALLAHAN, Mr. SHAW, Mr. nue Code of 1986 to provide a tax credit for Permanent Select Committee on Intel- NUSSLE, Mr. LARGENT, Mr. COX, Mr. families, to reform the marriage penalty, ligence, for a period to be subsequently de- STOCKMAN, Mr. SMITH of Michigan, and for other purposes; to the Committee on termined by the Speaker, in each case for Mr. BAKER of California, Mr. HERGER, Ways and Means. consideration of such provisions as fall with- Mr. HEINEMAN, Mrs. FOWLER, Mr. H 124 CONGRESSIONAL RECORD — HOUSE January 4, 1995

SENSENBRENNER, Mr. STEARNS, Mr. Mr. BAKER of Louisiana, Mr. Mr. TIAHRT, Mrs. MYRICK, Mrs. CUBIN, HUTCHINSON, Mr. HANCOCK, Mr. TAL- BALLENGER, Mr. BARTLETT of Mary- Mr. KINGSTON, Mr. EWING, Mr. HAST- ENT, Mr. EMERSON, Mr. ENGLISH, Mr. land, Mr. BARTON of Texas, Mr. BILI- INGS of Washington, Mr. GANSKE, Mr. ENSIGH, Mr. HOSTETTLER, Mr. JONES, RAKIS, Mr. BLILEY, Mr. BLUTE, Mr. WELDON of Florida, Mr. COBURN, Mr. Mr. TIAHRT, Mr. MYRICK, Mr. EWING, BONO, Mr. BUNNING, Mr. BURR, Mr. LEWIS of Kentucky, Mr. BUNNING, Mr. Mr. HOUGHTON, Mrs. CUBIN, Mr. BURTON of Indiana, Mr. CALLAHAN, INGLIS of South Carolina, Mr. LIGHT- KINGSTON, Mr. HASTINGS of Washing- Mr. CALVERT, Mr. CAMP, Mr. CANADY, FOOT, Mr. ISTOOK, Mr. CALVERT, Mr. ton, Mr. GANSKE, Mr. SCHAEFER, Mr. Mr. CHRISTENSEN, Mr. CHRYSLER, Mr. CREMEANS, Mr. KNOLLENBERG, Mr. BAKER of Louisiana, Mr. HALL of CLINGER, Mr. COBURN, Mr. COOLEY, SCHAEFER, Mr. BILIRAKIS, Mr. Texas, Mr. WELDON of Florida, Mr. Mr. COX, Mr. CRANE, Mrs. CUBIN, Mr. HAYWORTH, Mr. FOX, Mr. COBURN, Mr. WELLER, Mr. LEWIS of CUNNINGHAM, Mr. DAVIS, Mr. DOO- RADANOVICH, Mr. GOODLING, Mr. Kentucky, Mr. BUNNING, Mr. FOLEY, LITTLE, Mr. DORNAN, Ms. DUNN, Mr. WAMP, Mr. GILCHREST, Mr. SOLOMON, Mr. INGLIS of South Carolina, Mr. EMERSON, Mr. ENSIGN, Mr. EVERETT, Mr. BLILEY, Mr. DOOLITTLE, Mr. LIGHTFOOT, Mr. ISTOOK, Mr. CALVERT, Mr. EWING, Mr. FOLEY, Mr. FORBES, CAMP, Mr. PACKARD, Mr. STUMP, Mr. Mr. HOBSON, Mr. KNOLLENBERG, Mr. Mrs. FOWLER, Mr. FOX, Mr. FRISA, GILMAN, Mr. MILLER of Florida, Mr. BILIRAKIS, Mr. HAYWORTH, Mr. FOX, Mr. GANSKE, Mr. GILCHREST, Mr. GIL- LATOURETTE, Mr. FLANAGAN, Mr. Mr. RADANOVICH, Mr. ROTH, Mr. MAN, Mr. GOODLATTE, Mr. GOODLING, BURR, Mr. LATHAM, Ms. MOLINARI, WAMP, Mr. SOLOMON, Mr. BLILEY, Mr. Mr. GUNDERSON, Mr. HANCOCK, Mr. Mr. GUNDERSON, Mr. THORNBERRY, DOOLITTLE, Mr. PACKARD, Mr. GIL- HASTERT, Mr. HASTINGS of Washing- Mr. RIGGS, Mr. ALLARD, Mr. MAN, Mr. MILLER of Florida, Mr. ton, Mr. HAYWORTH, Mr. HEINEMAN, GOODLATTE, Mr. CHRISTENSEN, Mr. ROYCE, Mr. FLANAGAN, Mr. LATHAM, Mr. HERGER, Mr. HILLEARY, Mr. HOB- HILLEARY, Mr. WICKER, Mr. BONO, Mr. Ms. MOLINARI, Mr. GUNDERSON, Mr. SON, Mr. HOSTETTLER, Mr. HOUGHTON, FRISA, Mr. SMITH of New Jersey, Mr. THORNBERRY, Mr. RIGGS, Mr. ALLARD, Mr. INGLIS of South Carolina, Mrs. TALENT, Mr. SHADEGG, Mrs. JOHNSON Mr. CHRISTENSEN, Mr. GOODLATTE, JOHNSON of Connecticut, Mr. JONES, of Connecticut, Mr. CANADY, Mr. Mr. SANFORD, Mr. HILLEARY, Mr. Mr. KIM, Mr. KNOLLENBERG, Mr. MCCOLLUM, Mr. SHAYS, Mr. BARTON COOLEY , Mr. WICKER, Mr. BONO, Mr. LAHOOD, Mr. LARGENT, Mr. of Texas, Mr. BARR, Mr. ARMEY, Mrs. FRISA, Mr. MCINTOSH, Mr. EVERETT, LATOURETTE, Mr. LEWIS of Kentucky, WALDHOLTZ, Mr. TATE, Ms. DUNN, Mr. Mr. SMITH of New Jersey, Mr. Mr. LIGHTFOOT, Mr. LINDER, Mr. MICA, Mr. MCHUGH, Mr. EVERETT, Mr. SHADEGG, Mrs. JOHNSON of Connecti- MCCOLLUM, Mr. MCHUGH, Mr. ROTH, Mr. CRAPO, Mr. PAXON, Mr. cut, Mr. CHRYSLER, Mr. CUNNINGHAM, MCINTOSH, Mr. MICA, Mr. MILLER of YOUNG of Florida, Mr. COBLE, Mr. Mr. CANADY, Mr. MCCOLLUM, Mr. Florida, Ms. MOLINARI, Mrs. MYRICK, EHRLICH, and Mrs. MEYERS of Kan- GOODLING, Mr. BARTON of Texas, Mr. Mr. NUSSLE, Mr. PACKARD, Mr. POR- sas): BARR, Mr. ARMEY, Mr. FORBES, Mrs. TER, Mr. PORTMAN, Mr. RADANOVICH, H.R. 11. A bill to strengthen the rights of WALDHOLTZ, Mr. TATE, Ms. DUNN, Mr. Mr. RIGGS, Mr. ROHRABACHER, Mr. parents: MCHUGH, Mr. CRAPO, Mr. KOLBE, Mr. ROTH, Mr. ROYCE, Mr. SANFORD, Mr. Titles I–II, referred to the Committee on PAXON, Mr. YOUNG of Florida, Mr. SCHAEFER, Mr. SENSENBRENNER, Mr. Ways and Means; COMBEST, Mr. COBLE, Mr. EHRLICH, SHADEGG, Mr. SHAW, Mr. SHAYS, Mr. Title III, referred to the Committee on the and Mrs. MEYERS of Kansas); SMITH of Texas, Mr. SMITH New Jer- Judiciary; H.R. 9. A bill to create jobs, enhance sey, Mr. SMITH of Michigan, Mr. SOL- Title IV, referred to the Committee on wages, strengthen property rights, maintain OMON, Mr. STEARNS, Mr. STOCKMAN, Government Reform and Oversight; and certain economic liberties, decentralize and Mr. STUMP, Mr. TALENT, Mr. TATE, Title V, referred to the Committee on reduce the power of the Federal Government Mr. TAYLOR of North Carolina, Mr. Ways and Means, and in addition to the Com- with respect to the States, localities, and TEJEDA, Mr. THORNBERRY, Mr. mittee on the Judiciary, for a period to be citizens of the United States, and to increase TIAHRT, Mr. UPTON, Mrs. WALDHOLTZ, subsequently determined by the Speaker, in the accountability of Federal officials: Mr. WAMP, Mr. WELDON of Florida, each case for consideration of such provi- Titles I–II, referred to the Committee on Mr. ZIMMER, Mr. CRAPO, Mr. KOLBE, sions as fall within the jurisdiction of the Ways and Means; Mr. PAXON, Mr. YOUNG of Florida, Mr. committee concerned. Title III, referred to the Committee on COMBEST, Mr. EHRLICH, and Mrs. By Mr. BARTON of Texas, Mr. HYDE, Science, and in addition to the Committees MEYERS of Kansas): Mr. TATE, and Mr. PETE GEREN of on Commerce and Government Reform and H.R. 10. A bill to reform the Federal civil Texas (for themselves, Mr. ALLARD, Oversight, for a period to be subsequently de- justice system; to reform product liability Mr. ARMEY, Mr. MICA, Mr. BACHUS, termined by the Speaker, in each case for law: Mr. BAKER of California, Mr. consideration of such provisions as fall with- Title I, referred to the Committee on the BALLENGER, Mr. BARR, Mr. BARRETT in the jurisdiction of the committee con- Judiciary, and in addition to the Committee of Nebraska, Mr. BARTLETT of Mary- cerned; on Rules, for a period to be subsequently de- land, Mr. BILIRAKIS, Mr. BLUTE, Mr. Title IV, referred to the Committee on the termined by the Speaker, in each case for BONILLA, Mr. BONO, Mr. BROWNBACK, Budget, and in addition to the Committees consideration of such provisions as fall with- Mr. BUNNING, Mr. BURR, Mr. BURTON on Rules, Government Reform and Over- in the jurisdiction of the committee con- of Indiana, Mr. CALVERT, Mr. CAMP, sight, and the Judiciary, for a period to be cerned; and Mr. CANADY, Mr. CASTLE, Mr. subsequently determined by the Speaker, in Title II, referred to the Committee on CHAMBLISS, Mr. CHRISTENSEN, Mr. each case for consideration of such provi- Commerce, and in addition to the Committee CHRYSLER, Mr. COBURN, Mr. COLLINS sions as fall within the jurisdiction of the on the Judiciary, for a period to be subse- of Georgia, Mr. COMBEST, Mr. COOLEY, committee concerned; quently determined by the Speaker, in each Mr. COX, Mr. CRANE, Mr. CREMEANS, Title V, referred to the Committee on Gov- case for consideration of such provisions as Mrs. CUBIN, Mr. CUNNINGHAM, Ms. ernment Reform and Oversight; fall within the jurisdiction of the committee DANNER, Mr. DORNAN, Mr. DUNCAN, Title VI–IX, referred to the Committee on concerned. Ms. DUNN, Mr. EMERSON, Mr. ENG- the Judiciary; By Mrs. VUCANOVICH, Mr. THOMAS, LISH, Mr. ENSIGN, Mr. EVERETT, Mr. Title X, referred to the Committee on the and Mr. WELLER (for themselves, EWING, Mr. FAWELL, Mr. FLANAGAN, Budget, and in addition to the Committees Mr. ROYCE, Mr. MCINTOSH, Mr. Mr. FOLEY, Mr. FORBES, Mrs. FOWL- on Government Reform and Oversight, CRANE, Mr. FORBES, Mr. CUNNINGHAM, ER, Mr. FOX, Mr. FRELINGHUYSEN, Mr. Rules, and the Judiciary, for a period to be Mr. ROHRABACHER, Mr. DORNAN, Mr. FRISA, Mr. GANSKE, Mr. GEKAS, Mr. subsequently determined by the Speaker, in HASTERT, Mr. BLUTE, Mr. WELDON of GILCHREST, Mr. GILLMOR, Mr. each case for consideration of such provi- Pennsylvania, Mr. BARTLETT of GOODLATTE, Mr. GOODLING, Mr. GOSS, sions as fall within the jurisdiction of the Maryland, Mr. ZIMMER, Mr. LINDER, Mr. GREENWOOD, Mr. GUTKNECHT, Mr. committee concerned; Mr. BACHUS, Mr. SMITH of Texas, Mr. HANCOCK, Mr. HASTERT, Mr. HASTINGS Title XI, referred to the Committee on COOLEY, Mr. GREENWOOD, Mr. HOKE, of Washington, Mr. HAYWORTH, Mr. Ways and Means, and in additon to the Com- Mr. SAXTON, Mr. TAYLOR of North HEINEMAN, Mr. HERGER, Mr. mittee on the Budget, for a period to be sub- Carolina, Mr. LARGENT, Mr. KIM, Mr. HILLEARY, Mr. HOBSON, Mr. HORN, Mr. sequently determined by the Speaker, in BALLENGER, Mr. CALLAHAN, Mrs. ROU- HOUGHTON, Mr. HUNTER, Mr. HUTCHIN- each case for consideration of such provi- KEMA, Mr. CHRYSLER, Mr. HANCOCK, SON, Mr. INGLIS of South Carolina, sions as fall within the jurisdiction of the Mr. NUSSLE, Mr. BAKER of Louisiana, Mr. ISTOOK, Mr. SAM JOHNSON, Mr. committee concerned; and Mr. STEARNS, Mr. STOCKMAN, Mr. JONES, Mr. KIM, Mr. KINGSTON, Mr. Title XII, referred to the Committee on SMITH of Michigan, Mr. BAKER of KNOLLENBERG, Mr. LAHOOD, Mr. Ways and Means. California, Mr. SHAW, Mr. HERGER, LARGENT, Mr. LATHAM, Mr. By Mr. HYDE, Mr. RAMSTAD, Ms. Mr. SENSENBRENNER, Mrs. FOWLER, LATOURETTE, Mr. LEACH, Mr. LEWIS CHENOWETH, and Mr. CONDIT (for Mr. EMERSON, Mr. HUTCHINSON, Mr. of Kentucky, Mr. LIGHTFOOT, Mr. themselves, Mr. ARMEY, Mr. ALLARD, HEINEMAN, Mr. ENGLISH, Mr. LINDER, Mr. LOBIONDO, Mr. LUCAS, Mr. BACHUS, Mr. BAKER of California, HOSTETTLER, Mr. JONES, Mr. ENSIGN, Mr. MCINTOSH, Mr. MCCOLLUM, Mr. January 4, 1995 CONGRESSIONAL RECORD — HOUSE H 125

MCCRERY, Ms. MOLINARI, Mrs. MEYERS SON, Mr. ZELIFF, Mr. ZIMMER, and Mr. Ms. ROS-LEHTINEN, Mr. FOLEY, and of Kansas, Mr. MILLER of Florida, Mr. MCINNIS): Mr. WELDON of Florida): MOORHEAD, Mrs. MYRICK, Mr. NEU- H.J. Res. 2. Joint resolution proposing an H. Con. Res. 1. Concurrent resolution rec- MANN, Mr. NUSSLE, Mr. OXLEY, Mr. amendment to the Constitution of the Unit- ognizing the sacrifice and courage of Army PACKARD, Mr. POMBO, Mr. PORTMAN, ed States with respect to the number of Warrant Officers David Hilemon and Bobby Ms. PRYCE, Mr. RADANOVICH, Mr. terms of office of Members of the Senate and W. Hall II, whose helicopter was shot down QUILLEN, Mr. QUINN, Mr. RIGGS, Mr. the House of Representatives; to the Com- over North Korea on December 17, 1994; to ROTH, Mr. ROYCE, Mr. SANFORD, Mr. mittee on the Judiciary. the Committee on National Security. SAXTON, Mr. SCHAEFER, Mr. SENSEN- By Mr. INGLIS of South Carolina (for By Mr. BOEHNER: BRENNER, Mr. SHADEGG, Mr. SHAW, himself, Mr. DORNAN, Mr. SANFORD, H. Res. 1. Resolution electing officers of Mr. SHAYS, Mr. SMITH of New Jersey, Mr. ARMEY, Mr. GOSS, Mr. HUTCHIN- the House of Representatives; considered and Mr. SMITH of Texas, Mr. SMITH of SON, Mr. DICKEY, Mr. ROYCE, Mr. agreed to. Michigan, Mr. SOLOMON, Mr. SPENCE, HOEKSTRA, Mr. LEWIS of Kentucky, By Mr. ARMEY: Mr. STEARS, Mr. STOCKMAN, Mr. Mr. SALMON, Mr. GRAHAM, Mr. DAVIS, H. Res. 2. Resolution to inform the Senate STUMP, Mr. TALENT, Mr. TAUZIN, Mr. Mr. HEINEMAN, Mr. CHABOT, Mrs. that a quorum of the House has assembled TAYLOR of North Carolina, Mr. SMITH of Washington, Mr. GANSKE, and of the election of the Speaker and the THORNBERRY, Mr. TIAHRT, Mrs. Mr. CHRYSLER, Mr. ENSIGN, Mr. Clerk; considered and agreed to. WALDHOLTZ, Mr. WAMP, Mr. WELDON COOLEY, Mr. CHRISTENSEN, Mr. FOX, H. Res. 3. Resolution authorizing the of Pennsylvania, Mr. WELLER, Mr. Mr. CALVERT, Mr. NETHERCUTT, Mr. Speaker to appoint a committee to notify WHITFIELD, Mr. WICKER, Mr. ZIMMER, SHADEGG, Mr. METCALF, Mr. the President of the assembly of the Con- Mr. CRAPO, Mr. KOLBE, Mr. PAXON, WHITFIELD, Mr. BASS, Mr. SOLOMON, gress; considered and agreed to. Mr. YOUNG of Florida, Mr. COBLE, and Mr. FORBES, Mr. BLUTE, Mr. SMITH of H. Res. 4. Resolution authorizing the Clerk Mr. EHRLICH): Texas, Mr. BACHUS, Mr. KIM, Mr. to inform the President of the election of the H.J. Res. 1. Joint resolution proposing a RIGGS, Mr. LONGLEY, MR. COX, Mr. Speaker and the Clerk; considered and balanced budget amendment to the Constitu- SMITH of Michigan, Mr. BAKER of agreed to. tion of the United States; to the Committee California, Mr. WELDON of Florida, By Mr. SOLOMON: on the Judiciary. Mr. COBURN, Mr. RADANOVICH, Mr. H. Res. 5. Resolution providing for the con- By Mr. MCCOLLUM, Mr. HANSEN, Mr. ROTH, Mr. PACKARD, Mr. STUMP, Mr. sideration of the resolution (H. Res. 6) adopt- PETERSON of Minnesota, amd Mr. EVERETT, Mr. THORNBERRY, Mr. AL- ing the Rules of the House of Representa- LOBIONDO (for themselves, and Mr. LARD, Mr. BONO, Mr. CUNNINGHAM, tives for the 104th Congress; considered and LIGHTFOOT, Mr. GILLMOR, Mr. AL- Mr. TATE, Ms. DUNN, and Mr. TAL- agreed to. LARD, Mr. ARMEY, Mr. BACHUS, Mr. ENT): By Mr. ARMEY: BAKER of California, Mr. BALLENGER, H.J. Res. 3. Joint resolution proposing an H. Res. 6. Resolution adopting the Rules of Mr. BARCIA of Michigan, Mr. BARR, amendment to the Constitution of the Unit- the House of Representatives for the 104th Mr. BARRETT of Nebraska, Mr. BART- ed States limiting the period of time U.S. Congress; considered and agreed to. LETT of Maryland, Mr. BASS, Mr. BE- Senators and Representatives may serve; to By Mr. GEPHARDT: REUTER, Mr. BILBRAY, Mr. BILIRAKIS, the Committee on the Judiciary. H. Res. 7. Resolution providing for the des- Mr. BLILEY, Mr. BLUTE, Mr. BONILLA, By Mr. ALLARD (for himself, Mr. ignation of certain minority employees; con- Mr. BROWNBACK, Mr. BRYANT of Ten- BACHUS, Mr. BARCIA of Michigan, Mr. sidered and agreed to. nessee, Mr. BUNNING, Mr. BURR, Mr. BARRETT of Nebraska, Mr. BARTLETT By Mr. SOLOMON: BUYER, Mr. CALVERT, Mr. CAMP, Mr. of Maryland, Mr. BARTON of Texas, H. Res. 8. Resolution fixing the daily hour CANADY, Mr. CHAMBLISS, Mr. Mr. BEREUTER, Mr. BURTON of Indi- of meeting for the 104th Congress; considered CHRISTENSEN, Mr. COBLE, Mr. COLLINS ana, Mr. CONDIT, Mr. CRAPO, Mr. and agreed to. of Georgia, Mr. COOLEY, Mr. CRANE, CUNNINGHAM, Mr. DOOLITTLE, Mr. By Mr. ARMEY: Mr. CREMEANS, Mr. CUNNINGHAM, Mr. DUNCAN, Mr. EMERSON, Mr. FRANKS of H. Res. 9. Resolution providing amounts DEAL, Mr. DIAZ-BALART, Mr. DICKEY, New Jersey, Mr. GALLEGLY, Mr. for the Republican Steering Committee and Mr. DOOLITTLE, Ms. DUNN, Mr. ENG- GILCHREST, Mr. GOODLATTE, Mr. the Democratic Policy Committee; consid- LISH, Mr. ENSIGN, Mr. EVERETT, Mr. HEFLEY, Mr. HUNTER, Mr. ered and agreed to. EWING, Mr. FIELDS of Texas, Mr. KNOLLENBERG, Ms. MOLINARI, Mr. H. Res. 10. Resolution providing for the FLANAGAN, Mr. FOLEY, Mr. FORBES, OXLEY, Mr. QUILLEN, Mr. transfer of two employee positions; consid- Mr. FOX, Mr. FRANKS of Connecticut, ROHRABACHER, Mr. ROTH, Mr. ROYCE, ered and agreed to. Mr. FRISA, Mr. FUNDERBURK, Mr. Mr. SCHAEFER, Mr. SCHIFF, Mr. SEN- By Mr. BOEHNER: GALLEGLY, Mr. GANSKE, Mr. GEKAS, SENBRENNER, Mr. STUMP, Mr. TALENT, H. Res. 11. Resolution designating majority Mr. GOODLATTE, Mr. GOSS, Mr. GRA- Mr. WALSH, and Mr. WILSON): membership on certain standing committees HAM, Mr. GREENWOOD, Mr. GUNDER- H.J. Res. 4. Joint resolution proposing an of the House; considered and agreed to. SON, Mr. GUTKNECHT, Mr. HANCOCK, amendment to the Constitution of the Unit- By Mr. FAZIO: Ms. HARMAN, Mr. HASTINGS of Wash- ed States allowing an item veto in appropria- H. Res. 12. Resolution designating minor- ington, Mr. HAYWORTH, Mr. tions bills; to the Committee on the Judici- ity membership on certain standing commit- HILLEARY, Mr. HOBSON, Mr. ary. tees of the House; considered and agreed to. HOEKSTRA, Mr. HOKE, Mr. HORN, Mr. By Mr. MCCOLLUM (for himself, Mr. H. Res. 13. Resolution electing Representa- HOUGHTON, Mr. HUTCHINSON, Mr. HANSEN, Mr. LIGHTFOOT, Mr. tive BERNARD SANDERS of Vermont to stand- INGLIS of South Carolina, Mr. ISTOOK, GILLMOR, Mr. POMBO, Mr. BARRETT of ing committees; considered and agreed to. Mr. SAM JOHNSON, Mr. KIM, Mr. Nebraska, Mr. EVERETT, Mr. BUYER, By Mr. LINDER: KINGSTON, Mr. KLUG, Mr. Mr. PACKARD, Mr. CUNNINGHAM, Mr. H. Res. 14. Resolution providing for the KNOLLENBERG, Mr. LAHOOD, Mr. STUMP, Mr. GRAHAM, Mr. GUTKNECHT, consideration of a joint resolution (H.J. Res. LATHAM, Mr. LATOURETTE, Mr. LAZIO, Mr. MCKEON, Mr. ALLARD, Mr. 2) proposing an amendment to the Constitu- Mr. LEACH, Mr. LEWIS of Kentucky, GOODLATTE, Mr. CALVERT, Ms. PRYCE, tion of the United States with respect to the Mr. LINDER, Mr. LUCAS, Mr. Mr. HOEKSTRA, Mr. DEAL, Mr. BEREU- number of terms of office of Members of the MCINTOSH, Mr. MCKEON, Mr. MEEHAN, TER, Mr. SCHAEFER, Mr. WILSON, Mr. Senate and the House of Representatives; to Mr. METCALF, Mr. MICA, Mr. MILLER CHAMBLISS, Ms. HARMAN, Mr. GOSS, the Committee on Rules. of Florida, Mr. MINGE, Mrs. MYRICK, Mr. TALENT, Mr. BARTLETT of Mary- f Mr. NEUMANN, Mr. NEY, Mr. NOR- land, and Mr. FORBES): WOOD, Mr. NUSSLE, Mr. PACKARD, Mr. H.J. Res. 5. Joint resolution proposing an MEMORIALS PAXON, Mr. POMBO, Mr. PORTMAN, Ms. amendment to the Constitution of the Unit- Under clause 4 of rule XXII, memori- PRYCE, Mr. QUINN, Mr. RAMSTAD, Mr. ed States to provide for 4-year terms for Rep- RADANOVICH, Mr. RIGGS, Mr. resentatives and to limit the number of als were presented and referred as fol- ROHRABACHER, Mr. ROYCE, Mr. terms Senators and Representatives may lows: SAXTON, Mr. SCARBOROUGH, Mr. serve; to the Committee on the Judiciary. 1. By the SPEAKER: Memorial of the Gen- SCHAEFER, Ms. SEASTRAND, Mr. By Mr. SPENCE (for himself, Mrs. eral Assembly of the State of California, rel- SHADEGG, Mr. SHAW, Mr. SMITH of THURMAN, Mr. STEARNS, Mr. MCCOL- ative to air standards in places of employ- Michigan, Mr. SMITH of Texas, Mr. LUM, Mr. RICHARDSON, Mr. BILIRAKIS, ment; to the Committee on Economic and SOLOMON, Mr. SOUDER, Mr. STEARNS, Mr. GOSS, Mr. HASTINGS of Florida, Educational Opportunities. Mr. STOCKMAN, Mr. STUMP, Mr. TAL- Mr. DEUTSCH, Mr. GIBBONS, Mr. PE- 2. Also, memorial of the General Assembly ENT, Mr. TAYLOR of North Carolina, TERSON of Florida, Mrs. FOWLER, Mr. of the State of California, relative to the In- Mr. THORNBERRY, Mr. TIAHRT, Mr. CANADY, Mr. SHAW, Mr. DIAZ-BALART, dustry of the Month Program; to the Com- TORKILDSEN, Mr. UPTON, Mrs. Mrs. MEEK of Florida, Mr. MILLER of mittee on Commerce. WALDHOLTZ, Mr. WAMP, Mr. WELLER, Florida, Ms. BROWN of Florida, Mr. 3. Also, memorial of the General Assembly Mr. WHITE, Mr. WHITFIELD, Mr. WIL- YOUNG of Florida, Mr. SCARBOROUGH, of the State of California, relative to Peace H 126 CONGRESSIONAL RECORD — HOUSE January 4, 1995 Corps’ World Wise Schools Program; to the the Committee on Transportation and Infra- 13. Also, memorial of the General Assem- Committee on International Relations. structure. bly of the State of California, relative to the 4. Also, memorial of the General Assembly 9. Also, memorial of the General Assembly H. Dana Bowers Memorial Vista Point; to of the State of California, relative to the of the State of California, relative to the the Committee on Transportation and Infra- Osaka Prefectural Government; to the Com- Veterans’ Memorial Freeway; to the Com- structure. mittee on International Relations. mittee on Transportation and Infrastruc- 14. Also, memorial of the General Assem- 5. Also, memorial of the General Assembly ture. bly of the State of California, relative to of the State of California, relative to Code 10. Also, memorial of the General Assem- State trade and commerce with Japan and Enforcement Week; to the Committee on bly of the State of California, relative to the other Pacific rim nations; to the Committee Government Reform and Oversight. Veterans’ Memorial Freeway; to the Com- 6. Also, memorial of the General Assembly mittee on Transportation and Infrastruc- on Ways and Means. of the State of California, relative to Italian ture. f Americans; to the Committee on House Over- 11. Also, memorial of the General Assem- sight. bly of the State of California, relative to 7. Also, memorial of the General Assembly Stone Turnpike Memorial Freeway; to the PETITIONS, ETC. of the State of California, relative to the me- Committee on Transportation and Infra- Under clause 1 of rule XXII, morial highways; to the Committee on structure. 1. The SPEAKER presented a petition of Transportation and Infrastructure. 12. Also, memorial of the General Assem- 8. Also, memorial of the General Assembly bly of the State of California, relative to spe- the Embassy of the Argentine Republic, rel- of the State of California, relative to the cial highway designations; to the Committee ative to GATT; which was referred to the Roger Van Den Broeke Memorial Plaque; to on Transportation and Infrastructure. Committee on Ways and Means. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 4, 1995 No. 1—Part II Senate

has been selected by the majority lead- bounds in our regulations to our State STATEMENTS ON INTRODUCED er, Senator DOLE, in a bipartisan fash- and local governments. BILLS AND JOINT RESOLUTIONS ion to deal with this dilemma of un- Congress is getting the message, and By Mr. KEMPTHORNE (for him- funded Federal mandates. where once you in Washington did not self, Mr. DOLE, Mr. GLENN, Mr. For State and local officials, Senate know what a funded mandate was, ROTH, Mr. DOMENICI, Mr. EXON, bill 1 represents the reform that they fighting unfunded mandates is S. 1, Mr. COVERDELL, Mr. BROWN, Mr. have wanted for years concerning un- front and center. We are going to deal BURNS, Mr. CRAIG, Mr. funded Federal mandates. Senate bill 1 with it. FAIRCLOTH, Mr. GREGG, Mr. also represents, Mr. President, hope, I am proud to join with Senator DOLE BENNETT, Mrs. HUTCHISON, Mr. hope that finally Congress is going to and with Senator GLENN and Senator ABRAHAM, Mr. ASHCROFT, Mr. craft that sort of Federal partnership ROTH and Senator DOMENICI and Sen- BOND, Mr. BREAUX, Mr. CAMP- that we talk about in acknowledging ator EXON, and a number of other Sen- BELL, and Mr. COATS): that local and State governments are ators, in cosponsoring this legislation S. 1. A bill to curb the practice of im- Federal partners with this Govern- so that we now have a majority of Sen- posing unfunded Federal mandates on ment. ators who are cosponsors of S. 1 the States and local governments; to Senate bill 1 also offers to business first day of this 104th Congress. strengthen the partnership between the men and women relief from mandates This legislation forces Congress to Federal Government and State, local, and regulations imposed by Congress know mandate policy. It requires Con- and tribal governments; to end the im- and the Federal agencies without gress to fund mandates imposed on position, in the absence of full consid- knowing the costs. The issue of who State and local governments. If we do eration by Congress, of Federal man- best governs and decides local issues is not, they can be ruled out of order and dates on State, local, and tribal gov- at the heart of the unfunded mandate a rollcall vote will decide whether the ernments without adequate funding, in debate, and right now, Congress does Senate should consider unfunded man- a manner that may displace other es- not know the costs nor does it pay for date legislation. To quote Victor Ashe, sential governmental priorities; and to these Federal mandates. mayor of Knoxville, ‘‘S. 1 is a serious ensure that the Federal Government Because Congress passes legislation and tough mandate in its form and will pays the costs incurred by those gov- without ever knowing the costs or con- begin to restore the partnership which ernments in complying with certain re- sequences to State and local govern- the founders of this Nation intended to quirements under Federal statutes and ments, the number and costs of these exist between the Federal Government regulations; and for other purposes; to unfunded mandates continue to esca- and State and local governments.’’ the Committee on the Budget and the late. As mayors and Governors struggle S. 1 uses the same principles guiding Committee on Governmental Affairs, to find the money to pay for Washing- last year’s legislation unanimously ap- jointly, pursuant to the order of Au- ton dictates, they have been sending a proved by the Senate Governmental Af- gust 4, 1977, with instructions that if strong message to Washington, DC. fairs Committee and cosponsored by 67 one committee reports, the other com- Their message was simple but it was Senators. Specifically, this new bill mittees have 30 days to report or be continuous. Their message has been creates a point of order that requires discharged. that unfunded Federal mandates are any legislation imposing a mandate UNFUNDED MANDATE REFORM ACT wrong. They have been saying that greater than $50 million on State and Mr. KEMPTHORNE. Mr. President, I they keep us from putting policemen local governments must have a Con- would like to make a few comments on our streets; they reduce classroom gressional Budget Office estimate of concerning Senate bill 1. I appreciate instruction in our schools; they pre- the total cost of the mandate. It fur- greatly what the majority leader, Sen- vent us from balancing our budgets. ther requires that the legislation must ator DOLE, stated about Senate bill 1 I found so interesting the comment include the funding to pay for the costs and the fact he has designated that, in by the Democrat Governor of Ne- of the mandate through direct funding, fact, Senate bill 1. braska, Ben Nelson, who is a friend of new taxes, or appropriations. If the All across America, literally thou- mine, when he said, ‘‘I was elected Gov- mandate is to be paid for by the appro- sands of mayors and county commis- ernor, not the administrator of Federal priations bill, then the money to pay sioners, school board members, and programs for Nebraska.’’ all direct costs in compliance with the Governors are absolutely delighted I think that sums up what has been mandate must be appropriated. Or, if it with the fact that this reform measure happening. We have overstepped our is not fully funded, then one of two

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

S 53 S 54 CONGRESSIONAL RECORD — SENATE January 4, 1995 things must happen: Either the man- ership and partnership in this impor- There being no objection, the mate- date does not take effect or the man- tant piece of legislation. rial was ordered to be printed in the date must be scaled back to a level I wish to note that last session, when RECORD, as follows: commensurate with the reduced level we were not in the majority, Senator S. 1 of the appropriation. If those elements GLENN was the chairman of the Gov- are not in the bill, the imposed man- ernmental Affairs Committee. When Be it enacted by the Senate and House of unfunded Federal mandates was not a Representatives of the United States of America date-making legislation is out of order. in Congress assembled, S. 1 also requires that our partners in top-of-the-mind response, he worked local and State government be con- with us and forged some progressive SECTION 1. SHORT TITLE. sulted by the Congressional Budget Of- opportunities for us to come forward This Act may be cited as the ‘‘Unfunded fice. Additionally, legislation imposing with what ultimately now is S. 1. He Mandate Reform Act of 1995’’. mandates greater than $200 million on and his staff, Sebastian O’Kelly, Larry SEC. 2. PURPOSES. the private sector must have a CBO Novey, and Len Weiss, have been very The purposes of this Act are— mandate cost estimate or be ruled out helpful in all of this; Senator ROTH, (1) to strengthen the partnership between of order. These provisions also apply to who throughout this recess has been the Federal Government and States, local amendments in conference reports working with us, and his staff, Frank governments, and tribal governments; where the price tag of the legislation is Polk and John Mercer. That is the sort (2) to end the imposition, in the absence of full consideration by Congress, of Federal often increased. of bipartisan effort I think we want. Additionally, Senator DOMENICI, the mandates on States, local governments, and Mr. President, I wish to emphasize tribal governments without adequate Fed- that this legislation is not intended to chairman of the Budget Committee, and Senator EXON, the ranking mem- eral funding, in a manner that may displace stop compliance with mandates and ber, have been invaluable resources in other essential State, local, and tribal gov- regulations already in place. The goal ernmental priorities; getting us to this point with S. 1. is to stop the imposition of future un- (3) to assist Congress in its consideration I also want to acknowledge Senator funded Federal mandates, to stop Con- of proposed legislation establishing or revis- Byron DORGAN for his effort in author- gress from passing laws and then re- ing Federal programs containing Federal izing the private-sector point of order quiring local and State governments to mandates affecting States, local govern- that is included in this bill, and Sen- pay for them. It is not right for Federal ments, tribal governments, and the private ators DOMENICI and NICKLES for their sector by— programs to be paid for by local prop- efforts to include in this bill provisions (A) providing for the development of infor- erty taxes. directing Federal agencies to analyze mation about the nature and size of man- Mr. President, to gauge the impact and report the effects that imposed dates in proposed legislation; and that these new laws are having, one regulations will have on the Nation’s (B) establishing a mechanism to bring such only needs to look at the fallout in the economy and productivity and inter- information to the attention of the Senate National Voter Registration Act of national competitiveness. and the House of Representatives before the Senate and the House of Representatives 1993, which passed the Congress last Mr. President, this legislation al- session. Today, 13 States have refused vote on proposed legislation; ready has the strong endorsement of (4) to promote informed and deliberate de- to obey this motor-voter bill, and one the U.S. Conference of Mayors, Na- State, California, is suing the Federal cisions by Congress on the appropriateness of tional Association of Counties, Na- Federal mandates in any particular instance; Government because of the cost of the tional League of Cities, the National (5) to require that Congress consider tab they have to pay. Governor Pete Governors Association, the Council of whether to provide funding to assist State, Wilson says that this motor-voter pro- State Governments, the National Con- local, and tribal governments in complying vision violates the 10th amendment, ference of State Legislatures, the Na- with Federal mandates, to require analyses which Senator DOLE referenced so elo- tional School Boards Association, and, of the impact of private sector mandates, quently in his comments. I am proud to say, the U.S. Chamber of and through the dissemination of that infor- I think there is something ironic and Commerce, the National Federation of mation provide informed and deliberate deci- symbolic, Mr. President, in the fact Independent Business, and the National sions by Congress and Federal agencies and that the number of States currently retain competitive balance between the pub- Retail Federation—not only bipartisan, lic and private sectors; objecting to this Federal mandate is 13, but it is public and private sectors the same number of those original 13 (6) to establish a point-of-order vote on the working together in true partnership consideration in the Senate and House of States that, through their vision, com- fashion. Representatives of legislation containing bined to create the United States of Mr. GLENN. Mr. President, I know significant Federal mandates; and America, those visionaries who were the time is short. The Senator was giv- (7) to assist Federal agencies in their con- bound to protect the intrusive behavior ing a litany of those who worked hard sideration of proposed regulations affecting of the Federal Government. This legis- on this, including myself, but he left States, local governments, and tribal govern- lation is a great step forward in carry- himself out. No one has stuck to this ments, by— ing out what the Founding Fathers in- any more than he has. (A) requiring that Federal agencies develop tended. I know last year, when I was chair- a process to enable the elected and other of- ficials of States, local governments, and We have worked closely, too, with man of the Governmental Affairs Com- our colleagues in the House. A compan- tribal governments to provide input when mittee, if we went more than a week Federal agencies are developing regulations; ion bill has been developed in the without having something on the and House. I am confident that once the schedule over there on this subject, he (B) requiring that Federal agencies prepare Senate passes this legislation, it will was on my back about it, and properly and consider better estimates of the budg- pass in the House of Representatives. so. He has stuck with this. He has trav- etary impact of regulations containing Fed- Mr. President, on November 8, when eled the whole country meeting with eral mandates upon States, local govern- we had the election, there were a series this group of seven. He has been a real ments, and tribal governments before adopt- of messages that were sent. The people sparkplug on this, and deserves a tre- ing such regulations, and ensuring that said they did not want business as mendous amount of credit himself. And small governments are given special consid- usual from Congress, and they also while I may make some comments in a eration in that process. said, I think, that they do not want us little bit, while I was in the Chamber I SEC. 3. DEFINITIONS. to get entrenched in partisan politics wanted to make sure he got some rec- (a) IN GENERAL.—For purposes of this Act— because we do not get things done that ognition on this, too. (1) the terms defined under paragraphs (11) really need to get done. They said they I appreciate his earlier comments through (21) of section 3 of the Congressional want us to work for what is right for very much. I thank the Chair. Budget and Impoundment Control Act of 1974 this country, and that is why we must Mr. KEMPTHORNE. Mr. President, I (as added by subsection (b) of this section) shall have the meanings as so defined; and endeavor to find opportunities for bi- ask unanimous consent that the text of (2) the term ‘‘Director’’ means the Director partisan support. the bill be printed in the RECORD. of the Congressional Budget Office. This legislation has that bipartisan I ask unanimous consent that the (b) CONGRESSIONAL BUDGET AND IMPOUND- support. I wish to thank Senator letters of endorsement be made a part MENT CONTROL ACT OF 1974.—Section 3 of the GLENN and Senator ROTH for their lead- of the RECORD. Congressional Budget and Impoundment January 4, 1995 CONGRESSIONAL RECORD — SENATE S 55 Control Act of 1974 is amended by adding at adoption of the Federal mandate for the (4) provides for emergency assistance or re- the end thereof the following new para- same activity as is affected by that Federal lief at the request of any State, local, or graphs: mandate; or tribal government or any official of a State, ‘‘(11) The term ‘Federal intergovernmental ‘‘(II) to comply with or carry out State, local, or tribal government; mandate’ means— local governmental, and tribal governmental (5) is necessary for the national security or ‘‘(A) any provision in legislation, statute, programs, or private-sector business or other the ratification or implementation of inter- or regulation that— activities in effect at the time of the adop- national treaty obligations; or ‘‘(i) would impose an enforceable duty upon tion of the Federal mandate for the same ac- (6) the President designates as emergency States, local governments, or tribal govern- tivity as is affected by that mandate; or legislation and that the Congress so des- ments, except— ‘‘(ii) expenditures to the extent that such ignates in statute. ‘‘(I) a condition of Federal assistance or expenditures will be offset by any direct sav- SEC. 5. AGENCY ASSISTANCE. ‘‘(II) a duty arising from participation in a ings to the States, local governments, and Each agency shall provide to the Director voluntary Federal program, except as pro- tribal governments, or by the private sector, of the Congressional Budget Office such in- vided in subparagraph (B)); or as a result of— formation and assistance as the Director ‘‘(ii) would reduce or eliminate the amount ‘‘(I) compliance with the Federal mandate; may reasonably request to assist the Direc- of authorization of appropriations for Fed- or tor in carrying out this Act. eral financial assistance that would be pro- ‘‘(II) other changes in Federal law or regu- vided to States, local governments, or tribal lation that are enacted or adopted in the TITLE I—LEGISLATIVE ACCOUNTABILITY governments for the purpose of complying same bill or joint resolution or proposed or AND REFORM with any such previously imposed duty un- final Federal regulation and that govern the SEC. 101. LEGISLATIVE MANDATE ACCOUNTABIL- less such duty is reduced or eliminated by a same activity as is affected by the Federal ITY AND REFORM. corresponding amount; or mandate; and (a) IN GENERAL.—Title IV of the Congres- ‘‘(B) any provision in legislation, statute, ‘‘(D) shall be determined on the assump- sional Budget and Impoundment Control Act or regulation that relates to a then-existing tion that State, local, and tribal govern- of 1974 is amended by adding at the end Federal program under which $500,000,000 or ments, and the private sector will take all thereof the following new section: more is provided annually to States, local reasonable steps necessary to mitigate the governments, and tribal governments under ‘‘SEC. 408. LEGISLATIVE MANDATE ACCOUNT- costs resulting from the Federal mandate, ABILITY AND REFORM. entitlement authority, if the provision— and will comply with applicable standards of ‘‘(a) DUTIES OF CONGRESSIONAL COMMIT- ‘‘(i)(I) would increase the stringency of practice and conduct established by recog- TEES.— conditions of assistance to States, local gov- nized professional or trade associations. Rea- ‘‘(1) IN GENERAL.—When a committee of au- ernments, or tribal governments under the sonable steps to mitigate the costs shall not program; or thorization of the Senate or the House of include increases in State, local, or tribal Representatives reports a bill or joint resolu- ‘‘(II) would place caps upon, or otherwise taxes or fees. decrease, the Federal Government’s respon- tion of public character that includes any ‘‘(15) The term ‘amount’ means the amount Federal mandate, the report of the commit- sibility to provide funding to States, local of budget authority for any Federal grant as- governments, or tribal governments under tee accompanying the bill or joint resolution sistance program or any Federal program the program; and shall contain the information required by providing loan guarantees or direct loans. ‘‘(ii) the States, local governments, or trib- paragraphs (3) and (4). ‘‘(16) The term ‘private sector’ means indi- al governments that participate in the Fed- ‘‘(2) SUBMISSION OF BILLS TO THE DIREC- viduals, partnerships, associations, corpora- eral program lack authority under that pro- TOR.—When a committee of authorization of tions, business trusts, or legal representa- gram to amend their financial or pro- the Senate or the House of Representatives tives, organized groups of individuals, and grammatic responsibilities to continue pro- orders reported a bill or joint resolution of a educational and other nonprofit institutions. viding required services that are affected by public character, the committee shall ‘‘(17) The term ‘local government’ has the the legislation, statute or regulation. promptly provide the bill or joint resolution same meaning as in section 6501(6) of title 31, ‘‘(12) The term ‘Federal private sector to the Director of the Congressional Budget mandate’ means any provision in legislation, United States Code. Office and shall identify to the Director any statute, or regulation that— ‘‘(18) The term ‘tribal government’ means Federal mandates contained in the bill or ‘‘(A) would impose an enforceable duty any Indian tribe, band, nation, or other orga- resolution. nized group or community, including any upon the private sector except— ‘‘(3) REPORTS ON FEDERAL MANDATES.—Each ‘‘(i) a condition of Federal assistance; or Alaska Native village or regional or village report described under paragraph (1) shall ‘‘(ii) a duty arising from participation in a corporation as defined in or established pur- contain— voluntary Federal program; or suant to the Alaska Native Claims Settle- ‘‘(A) an identification and description of ‘‘(B) would reduce or eliminate the amount ment Act (83 Stat. 688; 43 U.S.C. 1601 et seq.) any Federal mandates in the bill or joint res- of authorization of appropriations for Fed- which is recognized as eligible for the special olution, including the expected direct costs eral financial assistance that will be pro- programs and services provided by the Unit- to State, local, and tribal governments, and vided to the private sector for the purposes ed States to Indians because of their special to the private sector, required to comply of ensuring compliance with such duty. status as Indians. with the Federal mandates; ‘‘(13) The term ‘Federal mandate’ means a ‘‘(19) The term ‘small government’ means ‘‘(B) a qualitative, and if practicable, a Federal intergovernmental mandate or a any small governmental jurisdictions de- quantitative assessment of costs and benefits Federal private sector mandate, as defined in fined in section 601(5) of title 5, United anticipated from the Federal mandates (in- paragraphs (11) and (12). States Code, and any tribal government. cluding the effects on health and safety and ‘‘(14) The terms ‘Federal mandate direct ‘‘(20) The term ‘State’ has the same mean- the protection of the natural environment); costs’ and ‘direct costs’— ing as in section 6501(9) of title 31, United and ‘‘(A)(i) in the case of a Federal intergov- State Code.’’ ‘‘(C) a statement of the degree to which a ernmental mandate, mean the aggregate es- ‘‘(21) The term ‘agency’ has the meaning as Federal mandate affects both the public and timated amounts that all States, local gov- defined in section 551(1) of title 5, United private sectors and the extent to which Fed- ernments, and tribal governments would be States Code, but does not include independ- eral payment of public sector costs would af- required to spend in order to comply with ent regulatory agencies, as defined in section fect the competitive balance between State, the Federal intergovernmental mandate; or 3502(10) of title 44, United States Code. local, or tribal governments and privately ‘‘(ii) in the case of a provision referred to ‘‘(22) The term ‘regulation’ or ‘rule’ has the owned businesses. meaning of ‘‘rule’’ as defined in section 601(2) in paragraph (11)(A)(ii), mean the amount of ‘‘(4) INTERGOVERNMENTAL MANDATES.—If Federal financial assistance eliminated or of title 5, United States Code.’’. any of the Federal mandates in the bill or reduced. SEC. 4. EXCLUSIONS. joint resolution are Federal intergovern- ‘‘(B) in the case of a Federal private sector The provisions of this Act and the amend- mental mandates, the report required under mandate, mean the aggregate estimated ments made by this Act shall not apply to paragraph (1) shall also contain— amounts that the private sector will be re- any provision in a bill or joint resolution be- ‘‘(A)(i) a statement of the amount, if any, quired to spend in order to comply with the fore Congress and any provision in a pro- of increase or decrease in authorization of Federal private sector mandate; posed or final Federal regulation that— appropriations under existing Federal finan- ‘‘(C) shall not include— (1) enforces constitutional rights of indi- cial assistance programs, or of authorization ‘‘(i) estimated amounts that the States, viduals; of appropriations for new Federal financial local governments, and tribal governments ( (2) establishes or enforces any statutory assistance, provided by the bill or joint reso- in the case of a Federal intergovernmental rights that prohibit discrimination on the lution and usable for activities of State, mandate) or the private sector (in the case of basis of race, religion, gender, national ori- local, or tribal governments subject to the a Federal private sector mandate) would gin, or handicapped or disability status; Federal intergovernmental mandates; and spend— (3) requires compliance with accounting ‘‘(ii) a statement of whether the committee ‘‘(I) to comply with or carry out all appli- and auditing procedures with respect to intends that the Federal intergovernmental cable Federal, State, local, and tribal laws grants or other money or property provided mandates be partly or entirely unfunded, and and regulations in effect at the time of the by the United States Government; if so, the reasons for that intention; and S 56 CONGRESSIONAL RECORD — SENATE January 4, 1995 ‘‘(B) any existing sources of Federal assist- dates in the bill or joint resolution will equal the direct cost referred to under subclause ance in addition to those identified in sub- or exceed $200,000,000 (adjusted annually for (IV)(aa); paragraph (A) that may assist State, local, inflation) in the fiscal year in which any ‘‘(III) identifies the minimum amount that and tribal governments in meeting the direct Federal private sector mandate in the bill or must be appropriated in each appropriations costs of the Federal intergovernmental man- joint resolution (or in any necessary imple- bill referred to in subclause (II), in order to dates. menting regulation) would first be effective provide for full Federal funding of the direct ‘‘(5) PREEMPTION CLARIFICATION AND INFOR- or in any of the 4 fiscal years following such costs referred to in subclause (I); and MATION.—When a committee of authorization fiscal year, the Director shall so state, speci- ‘‘(IV)(aa) designates a responsible Federal of the Senate or the House of Representa- fy the estimate, and briefly explain the basis agency and establishes criteria and proce- tives reports a bill or joint resolution of pub- of the estimate. dures under which such agency shall imple- lic character, the committee report accom- ‘‘(ii) Estimates required under this sub- ment less costly programmatic and financial panying the bill or joint resolution shall con- paragraph shall include estimates (and a responsibilities of State, local, and tribal tain, if relevant to the bill or joint resolu- brief explanation of the basis of the esti- governments in meeting the objectives of the tion, an explicit statement on the extent to mates) of— mandate, to the extent that an appropriation which the bill or joint resolution preempts ‘‘(I) the total amount of direct costs of Act does not provide for the estimated direct any State, local, or tribal law, and, if so, an complying with the Federal private sector costs of such mandate as set forth under explanation of the reasons for such preemp- mandates in the bill or joint resolution; and subclause (III); or tion. ‘‘(II) the amount, if any, of increase in au- ‘‘(bb) designates a responsible Federal ‘‘(6) PUBLICATION OF STATEMENT FROM THE thorization of appropriations under existing agency and establishes criteria and proce- DIRECTOR.— Federal financial assistance programs, or of dures to direct that, if an appropriation Act ‘‘(A) Upon receiving a statement (including authorization of appropriations for new Fed- does not provide for the estimated direct any supplemental statement) from the Di- eral financial assistance, provided by the bill costs of such mandate as set forth under rector under subsection (b)(1), a committee or joint resolution usable by the private sec- subclause (III), such agency shall declare of the Senate or the House of Representa- tor for the activities subject to the Federal such mandate to be ineffective as of October tives shall publish the statement in the com- private sector mandates. 1 of the fiscal year for which the appropria- mittee report accompanying the bill or joint ‘‘(iii) If the Director determines that it is tion is not at least equal to the direct costs resolution to which the statement relates if not feasible to make a reasonable estimate of the mandate. the statement is available at the time the re- that would be required under clauses (i) and ‘‘(2) RULE OF CONSTRUCTION.—The provi- port is printed. (ii), the Director shall not make the esti- sions of paragraph (1)(B)(iii)(IV)(aa) shall not ‘‘(B) If the statement is not published in mate, but shall report in the statement that be construed to prohibit or otherwise re- the report, or if the bill or joint resolution to the reasonable estimate cannot be made and strict a State, local, or tribal government which the statement relates is expected to be shall include the reasons for that determina- from voluntarily electing to remain subject considered by the Senate or the House of tion in the statement. to the original Federal intergovernmental Representatives before the report is pub- ‘‘(C) LEGISLATION FALLING BELOW THE DI- mandate, complying with the programmatic lished, the committee shall cause the state- RECT COSTS THRESHOLDS.—If the Director es- or financial responsibilities of the original ment, or a summary thereof, to be published timates that the direct costs of a Federal Federal intergovernmental mandate and pro- in the Congressional Record in advance of mandate will not equal or exceed the thresh- viding the funding necessary consistent with floor consideration of the bill or joint resolu- olds specified in paragraphs (A) and (B), the the costs of Federal agency assistance, mon- tion. Director shall so state and shall briefly ex- itoring, and enforcement. ‘‘(b) DUTIES OF THE DIRECTOR.— plain the basis of the estimate. ‘‘(3) COMMITTEE ON APPROPRIATIONS.—Para- ‘‘(1) STATEMENTS ON BILLS AND JOINT RESO- ‘‘(c) LEGISLATION SUBJECT TO POINT OF graph (1) shall not apply to matters that are LUTIONS OTHER THAN APPROPRIATIONS BILLS ORDER IN THE SENATE.— within the jurisdiction of the Committee on AND JOINT RESOLUTIONS.— ‘‘(1) IN GENERAL.—It shall not be in order in Appropriations of the Senate or the House of ‘‘(A) FEDERAL INTERGOVERNMENTAL MAN- the Senate to consider— Representatives. DATES IN REPORTED BILLS AND RESOLUTIONS.— ‘‘(A) any bill or joint resolution that is re- ‘‘(4) DETERMINATION OF APPLICABILITY TO For each bill or joint resolution of a public ported by a committee unless the committee PENDING LEGISLATION.—For purposes of this character reported by any committee of au- has published a statement of the Director on subsection, on questions regarding the appli- thorization of the Senate or the House of the direct costs of Federal mandates in ac- cability of this Act to a pending bill, joint Representatives, the Director of the Congres- cordance with subsection (a)(6) before such resolution, amendment, motion, or con- sional Budget Office shall prepare and sub- consideration; and ference report, the Committee on Govern- mit to the committee a statement as follows: ‘‘(B) any bill, joint resolution, amendment, mental Affairs of the Senate, or the Commit- ‘‘(i) If the Director estimates that the di- motion, or conference report that would in- tee on Government Reform and Oversight of rect cost of all Federal intergovernmental crease the direct costs of Federal intergov- the House of Representatives, as applicable, mandates in the bill or joint resolution will ernmental mandates by an amount that shall have the authority to make the final equal or exceed $50,000,000 (adjusted annually causes the thresholds specified in subsection determination. for inflation) in the fiscal year in which any (b)(1)(A)(i) to be exceeded, unless— ‘‘(5) DETERMINATIONS OF FEDERAL MANDATE Federal intergovernmental mandate in the ‘‘(i) the bill, joint resolution, amendment, LEVELS.—For the purposes of this subsection, bill or joint resolution (or in any necessary motion, or conference report provides direct the levels of Federal mandates for a fiscal implementing regulation) would first be ef- spending authority for each fiscal year for year shall be determined based on the esti- fective or in any of the 4 fiscal years follow- the Federal intergovernmental mandates in- mates made by the Committee on the Budget ing such fiscal year, the Director shall so cluded in the bill, joint resolution, amend- of the Senate or the House of Representa- state, specify the estimate, and briefly ex- ment, motion, or conference report in an tives, as the case may be. plain the basis of the estimate. amount that is equal to the estimated direct ‘‘(d) ENFORCEMENT IN THE HOUSE OF REP- ‘‘(ii) The estimate required under clause (i) costs of such mandate; RESENTATIVES.—It shall not be in order in shall include estimates (and brief expla- ‘‘(ii) the bill, joint resolution, amendment, the House of Representatives to consider a nations of the basis of the estimates) of— motion, or conference report provides an in- rule or order that waives the application of ‘‘(I) the total amount of direct cost of com- crease in receipts and an increase in direct subsection (c) to a bill or joint resolution re- plying with the Federal intergovernmental spending authority for each fiscal year for ported by a committee of authorization.’’. mandates in the bill or joint resolution; and the Federal intergovernmental mandates in- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(II) the amount, if any, of increase in au- cluded in the bill, joint resolution, amend- MENT.—The table of contents in section 1(b) thorization of appropriations under existing ment, motion, or conference report in an of the Congressional Budget and Impound- Federal financial assistance programs, or of amount equal to the estimated direct costs ment Control Act of 1974 is amended by add- authorization of appropriations for new Fed- of such mandate; or ing after the item relating to section 407 the eral financial assistance, provided by the bill ‘‘(iii) the bill, joint resolution, amend- following new item: or joint resolution and usable by State, ment, motion, or conference report includes local, or tribal governments for activities an authorization for appropriations in an ‘‘Sec. 408. Legislative mandate account- subject to the Federal intergovernmental amount equal to the estimated direct costs ability and reform.’’. mandates. of such mandate, and— ‘‘(B) FEDERAL PRIVATE SECTOR MANDATES IN ‘‘(I) identifies a specific dollar amount es- REPORTED BILLS AND JOINT RESOLUTIONS.—For timate of the full direct costs of the mandate SEC. 102. ENFORCEMENT IN THE HOUSE OF REP- each bill or joint resolution of a public char- for each year or other period during which RESENTATIVES. acter reported by any committees of author- the mandate shall be in effect under the bill, (a) MOTIONS TO STRIKE IN THE COMMITTEE ization of the Senate or the House of Rep- joint resolution, amendment, motion or con- OF THE WHOLE.—Clause 5 of rule XXIII of the resentatives, the Director of the Congres- ference report, and such estimate is consist- Rules of the House of Representatives is sional Budget Office shall prepare and sub- ent with the estimate determined under amended by adding at the end the following: mit to the committee a statement as follows: paragraph (3) for each fiscal year; ‘‘(c) In the consideration of any measure ‘‘(i) If the Director estimates that the di- ‘‘(II) identifies any appropriation bill that for amendment in the Committee of the rect cost of all Federal private sector man- is expected to provide for Federal funding of Whole containing any Federal mandate the January 4, 1995 CONGRESSIONAL RECORD — SENATE S 57 direct costs of which exceed the threshold in the 5-year time period referred to in subpara- mitted in law, develop an effective process to section 408(c) of the Unfunded Mandate Re- graph (B)(iii)(I); permit elected officials (or their designated form Act of 1995, it shall always be in order, ‘‘(ii) any disproportionate financial effects representatives) of State, local, and tribal unless specifically waived by terms of a rule of Federal private sector mandates and of governments to provide meaningful and governing consideration of that measure, to any Federal financial assistance in the bill timely input in the development of regu- move to strike such Federal mandate from or joint resolution upon any particular in- latory proposals containing significant Fed- the portion of the bill then open to amend- dustries or sectors of the economy, States, eral intergovernmental mandates. Such a ment.’’. regions, and urban or rural or other types of process shall be consistent with all applica- (b) COMMITTEE ON RULES REPORTS ON communities; and ble laws. WAIVED POINTS OF ORDER.—The Committee ‘‘(iii) the effect of Federal private sector (c) AGENCY PLAN.— on Rules shall include in the report required mandates in the bill or joint resolution on (1) EFFECTS ON STATE, LOCAL AND TRIBAL by clause 1(d) of Rule XI (relating to its ac- the national economy, including the effect GOVERNMENTS.—Before establishing any reg- tivities during the Congress) of the Rules of on productivity, economic growth, full em- ulatory requirements that might signifi- the House of Representatives a separate item ployment, creation of productive jobs, and cantly or uniquely affect small governments, identifying all waivers of points of order re- international competitiveness of United agencies shall have developed a plan under lating to Federal mandates, listed by bill or States goods and services.’’; and joint resolution number and the subject mat- (2) in section 301(d) by adding at the end which the agency shall— ter of that measure. thereof the following new sentence: ‘‘Any (A) provide notice of the contemplated re- quirements to potentially affected small SEC. 103. ASSISTANCE TO COMMITTEES AND Committee of the House of Representatives STUDIES. or the Senate that anticipates that the com- governments, if any; The Congressional Budget and Impound- mittee will consider any proposed legislation (B) enable officials of affected small gov- ment Control Act of 1974 is amended— establishing, amending, or reauthorizing any ernments to provide input under subsection (1) in section 202— Federal program likely to have a significant (b); and (A) in subsection (c)— budgetary impact on any State, local, or (C) inform, educate, and advise small gov- (i) by redesignating paragraph (2) as para- tribal government, or likely to have a sig- ernments on compliance with the require- graph (3); and nificant financial impact on the private sec- ments. (ii) by inserting after paragraph (1) the fol- tor, including any legislative proposal sub- (2) AUTHORIZATION OF APPROPRIATIONS.— lowing new paragraph: mitted by the executive branch likely to There are authorized to be appropriated to ‘‘(2) At the request of any committee of the have such a budgetary or financial impact, each agency to carry out the provisions of Senate or the House of Representatives, the shall include its views and estimates on that this section, and for no other purpose, such Office shall, to the extent practicable, con- proposal to the Committee on the Budget of sums as are necessary. sult with and assist such committee in ana- the applicable House.’’. SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFI- lyzing the budgetary or financial impact of SEC. 104. AUTHORIZATION OF APPROPRIATIONS. CANT REGULATORY ACTIONS. any proposed legislation that may have— There are authorized to be appropriated to ‘‘(A) a significant budgetary impact on the Congressional Budget Office $4,500,000 for (a) IN GENERAL.—Before promulgating any State, local, or tribal governments; or each of the fiscal years 1996, 1997, 1998, 1999, final rule that includes any Federal inter- ‘‘(B) a significant financial impact on the 2000, 2001, and 2002 to carry out the provi- governmental mandate that may result in private sector.’’; sions of this Act. the expenditure by State, local, or tribal (B) by amending subsection (h) to read as SEC. 105. EXERCISE OF RULEMAKING POWERS. governments, and the private sector, in the follows: The provisions of sections 101, 102, 103, 104, aggregate, of $100,000,000 or more (adjusted ‘‘(h) STUDIES.— and 107 are enacted by Congress— annually for inflation by the Consumer Price ‘‘(1) CONTINUING STUDIES.—The Director of (1) as an exercise of the rulemaking power Index) in any 1 year, and before promulgat- the Congressional Budget Office shall con- of the Senate and the House of Representa- ing any general notice of proposed rule- duct continuing studies to enhance compari- tives, respectively, and as such they shall be making that is likely to result in promulga- sons of budget outlays, credit authority, and considered as part of the rules of such House, tion of any such rule, the agency shall pre- tax expenditures. respectively, and such rules shall supersede pare a written statement containing— ‘‘(2) FEDERAL MANDATE STUDIES.— other rules only to the extent that they are (1) estimates by the agency, including the ‘‘(A) At the request of any Chairman or inconsistent therewith; and underlying analysis, of the anticipated costs ranking member of the minority of a Com- (2) with full recognition of the constitu- to State, local, and tribal governments and mittee of the Senate or the House of Rep- tional right of either House to change such the private sector of complying with the resentatives, the Director shall, to the ex- rules (so far as relating to such House) at Federal intergovernmental mandate, and of tent practicable, conduct a study of a Fed- any time, in the same manner, and to the the extent to which such costs may be paid eral mandate legislative proposal. same extent as in the case of any other rule with funds provided by the Federal Govern- ‘‘(B) In conducting a study on intergovern- of each House. ment or otherwise paid through Federal fi- mental mandates under subparagraph (A), SEC. 106. REPEAL OF CERTAIN ANALYSIS BY CON- nancial assistance; the Director shall— GRESSIONAL BUDGET OFFICE. (2) estimates by the agency, if and to the ‘‘(i) solicit and consider information or (a) IN GENERAL.—Section 403 of the Con- extent that the agency determines that ac- comments from elected officials (including gressional Budget Act of 1974 (2 U.S.C. 653) is curate estimates are reasonably feasible, their designated representatives) of State, repealed. local, or tribal governments as may provide of— (b) TECHNICAL AND CONFORMING AMEND- helpful information or comments; (A) the future costs of the Federal inter- MENT.—The table of contents in section 1(b) governmental mandate; and ‘‘(ii) consider establishing advisory panels of the Congressional Budget and Impound- of elected officials or their designated rep- (B) any disproportionate budgetary effects ment Control Act of 1974 is amended by of the Federal intergovernmental mandate resentatives, of State, local, or tribal gov- striking out the item relating to section 403. ernments if the Director determines that upon any particular regions of the Nation or SEC. 107. EFFECTIVE DATE. such advisory panels would be helpful in per- particular State, local, or tribal govern- forming responsibilities of the Director This title shall take effect on January 1, ments, urban or rural or other types of com- under this section; and 1996 and shall apply only to legislation intro- munities; ‘‘(iii) if, and to the extent that the Direc- duced on and after such date. (3) a qualitative, and if possible, a quan- tor determines that accurate estimates are TITLE II—REGULATORY ACCOUNTABILITY titative assessment of costs and benefits an- reasonably feasible, include estimates of— AND REFORM ticipated from the Federal intergovern- ‘‘(I) the future direct cost of the Federal SEC. 201. REGULATORY PROCESS. mental mandate (such as the enhancement of mandate to the extent that such costs sig- (a) IN GENERAL.—Each agency shall, to the health and safety and the protection of the nificantly differ from or extend beyond the 5- extent permitted in law— natural environment); year period after the mandate is first effec- (1) assess the effects of Federal regulations (4) the effect of the Federal private sector tive; and on State, local, and tribal governments mandate on the national economy, including ‘‘(II) any disproportionate budgetary ef- (other than to the extent that such regula- the effect on productivity, economic growth, fects of Federal mandates upon particular in- tions incorporate requirements specifically full employment, creation of productive jobs, dustries or sectors of the economy, States, set forth in legislation), and the private sec- and international competitiveness of United regions, and urban or rural or other types of tor including specifically the availability of States goods and services; and communities, as appropriate. resources to carry out any Federal intergov- (5)(A) a description of the extent of the ‘‘(C) In conducting a study on private sec- ernmental mandates in those regulations; agency’s prior consultation with elected rep- tor mandates under subparagraph (A), the and resentatives (or their designated representa- Director shall provide estimates, if and to (2) seek to minimize those burdens that tives) of the affected State, local, and tribal the extent that the Director determines that uniquely or significantly affect such govern- governments; such estimates are reasonably feasible, of— mental entities, consistent with achieving (B) a summary of the comments and con- ‘‘(i) future costs of Federal private sector statutory and regulatory objectives. cerns that were presented by State, local, or mandates to the extent that such mandates (b) STATE, LOCAL, AND TRIBAL GOVERNMENT tribal governments either orally or in writ- differ significantly from or extend beyond INPUT.—Each agency shall, to the extent per- ing to the agency; S 58 CONGRESSIONAL RECORD — SENATE January 4, 1995 (C) a summary of the agency’s evaluation ance by States, local, and tribal govern- made under this section without regard to of those comments and concerns; and ments with those mandates; and section 5311(b) of title 5, United States Code. (D) the agency’s position supporting the (F) establishing common Federal defini- (c) TERMS.— need to issue the regulation containing the tions or standards to be used by States, (1) IN GENERAL.—Each member of the Com- Federal intergovernmental mandates (con- local, and tribal governments in complying mission shall be appointed for the life of the sidering, among other things, the extent to with unfunded Federal mandates that use Commission. which costs may or may not be paid with different definitions or standards for the (2) VACANCIES.—A vacancy in the Commis- funds provided by the Federal Government). same terms or principles. sion shall be filled in the manner in which (b) PROMULGATION.—In promulgating a (3) IDENTIFICATION OF RELEVANT UNFUNDED the original appointment was made. general notice of proposed rulemaking or a FEDERAL MANDATES.—Each recommendation (d) BASIC PAY.— final rule for which a statement under sub- under paragraph (2) shall, to the extent prac- (1) RATES OF PAY.—Members of the Com- section (a) is required, the agency shall in- ticable, identify the specific unfunded Fed- mission shall serve without pay. clude in the promulgation a summary of the eral mandates to which the recommendation (2) PROHIBITION OF COMPENSATION OF FED- information contained in the statement. applies. ERAL EMPLOYEES.—Members of the Commis- (c) PREPARATION IN CONJUNCTION WITH (b) CRITERIA.— sion who are full-time officers or employees OTHER STATEMENT.—Any agency may pre- (1) IN GENERAL.—The Commission shall es- of the United States may not receive addi- pare any statement required under sub- tablish criteria for making recommendations tional pay, allowances, or benefits by reason section (a) in conjunction with or as a part under subsection (a). of their service on the Commission. of any other statement or analysis, provided (2) ISSUANCE OF PROPOSED CRITERIA.—The (e) TRAVEL EXPENSES.—Each member of that the statement or analysis satisfies the Commission shall issue proposed criteria the Commission shall receive travel ex- provisions of subsection (a). under this subsection not later than 60 days penses, including per diem in lieu of subsist- SEC. 203. ASSISTANCE TO THE CONGRESSIONAL after the date of the enactment of this Act, ence, in accordance with sections 5702 and BUDGET OFFICE. and thereafter provide a period of 30 days for 5703 of title 5, United States Code. The Director of the Office of Management submission by the public of comments on the (f) CHAIRPERSON.—The President shall des- and Budget shall— proposed criteria. (1) collect from agencies the statements ignate a member of the Commission as (3) FINAL CRITERIA.—Not later than 45 days Chairperson at the time of the appointment prepared under section 202; and after the date of issuance of proposed cri- (2) periodically forward copies of such of that member. teria, the Commission shall— (g) MEETINGS.— statements to the Director of the Congres- (A) consider comments on the proposed cri- (1) IN GENERAL.—Subject to paragraph (2), sional Budget Office on a reasonably timely teria received under paragraph (2); basis after promulgation of the general no- the Commission shall meet at the call of the (B) adopt and incorporate in final criteria Chairperson or a majority of its members. tice of proposed rulemaking or of the final any recommendations submitted in those (2) FIRST MEETING.—The Commission shall rule for which the statement was prepared. comments that the Commission determines SEC. 204. PILOT PROGRAM ON SMALL GOVERN- convene its first meeting by not later than 45 will aid the Commission in carrying out its days after the date of the completion of ap- MENT FLEXIBILITY. duties under this section; and pointment of the members of the Commis- (a) IN GENERAL.—The Director of the Office (C) issue final criteria under this sub- sion. of Management and Budget, in consultation section. (3) QUORUM.—A majority of members of the with Federal agencies, shall establish pilot (c) PRELIMINARY REPORT.— Commission shall constitute a quorum but a programs in at least 2 agencies to test inno- (1) IN GENERAL.—Not later than 9 months lesser number may hold hearings. vative, and more flexible regulatory ap- after the date of the enactment of this Act, proaches that— the Commission shall— SEC. 304. DIRECTOR AND STAFF OF COMMISSION; (1) reduce reporting and compliance bur- (A) prepare and publish a preliminary re- EXPERTS AND CONSULTANTS. dens on small governments; and port on its activities under this subtitle, in- (a) DIRECTOR.—The Commission shall, (2) meet overall statutory goals and objec- cluding preliminary recommendations pursu- without regard to section 5311(b) of title 5, tives. ant to subsection (a); United States Code, have a Director who (b) PROGRAM FOCUS.—The pilot programs (B) publish in the Federal Register a notice shall be appointed by the Commission. The shall focus on rules in effect or proposed of availability of the preliminary report; and Director shall be paid at the rate of basic rules, or a combination thereof. (C) provide copies of the preliminary re- pay payable for level IV of the Executive TITLE III—REVIEW OF UNFUNDED port to the public upon request. Schedule. FEDERAL MANDATES (2) PUBLIC HEARINGS.—The Commission (b) STAFF.—With the approval of the Com- SEC. 301. ESTABLISHMENT shall hold public hearings on the preliminary mission, and without regard to section There is established a commission which recommendations contained in the prelimi- 5311(b) of title 5, United States Code, the Di- shall be known as the ‘‘Commission on Un- nary report of the Commission under this rector may appoint and fix the pay of such funded Federal Mandates’’ (in this title re- subsection. staff as is sufficient to enable the Commis- ferred to as the ‘‘Commission’’). (d) FINAL REPORT.—Not later than 3 sion to carry out its duties. SEC. 302. REPORT ON UNFUNDED FEDERAL MAN- months after the date of the publication of (c) APPLICABILITY OF CERTAIN CIVIL SERV- DATES BY THE COMMISSION. the preliminary report under subsection (c), ICE LAWS.—The Director and staff of the (a) IN GENERAL.—The Commission shall in the Commission shall submit to the Con- Commission may be appointed without re- accordance with this section— gress, including the Committee on Govern- gard to the provisions of title 5, United (1) investigate and review the role of un- ment Reform and Oversight of the House of States Code, governing appointments in the funded Federal mandates in intergovern- Representatives and the Committee on Gov- competitive service, and may be paid with- mental relations and their impact on local, ernmental Affairs of the Senate, and to the out regard to the provisions of chapter 51 and State, and Federal government objectives President a final report on the findings, con- subchapter III of chapter 53 of that title re- and responsibilities; and clusions, and recommendations of the Com- lating to classification and General Schedule (2) make recommendations to the Presi- mission under this section. pay rates, except that an individual so ap- dent and the Congress regarding— SEC. 303. MEMBERSHIP. pointed may not receive pay in excess of the (A) allowing flexibility for States, local, (a) NUMBER AND APPOINTMENT.— annual rate payable under section 5376 of and tribal governments in complying with (1) IN GENERAL.—The Commission shall be title 5, United States Code. specific unfunded Federal mandates for composed of 9 members appointed from indi- (d) EXPERTS AND CONSULTANTS.—The Com- which terms of compliance are unnecessarily viduals who possess extensive leadership ex- mission may procure temporary and inter- rigid or complex; perience in and knowledge of States, local, mittent services of experts or consultants (B) reconciling any 2 or more unfunded and tribal governments and intergovern- under section 3109(b) of title 5, United States Federal mandates which impose contradic- mental relations, including State and local Code. tory or inconsistent requirements; elected officials, as follows: (e) STAFF OF FEDERAL AGENCIES.—Upon re- (C) terminating unfunded Federal man- (A) 3 members appointed by the Speaker of quest of the Director, the head of any Fed- dates which are duplicative, obsolete, or the House of Representatives, in consulta- eral department or agency may detail, on a lacking in practical utility; tion with the minority leader of the House of reimbursable basis, any of the personnel of (D) suspending, on a temporary basis, un- Representatives. that department or agency to the Commis- funded Federal mandates which are not vital (B) 3 members appointed by the majority sion to assist it in carrying out its duties to public health and safety and which leader of the Senate, in consultation with under this title. compound the fiscal difficulties of States, the minority leader of the Senate. local, and tribal governments, including rec- (C) 3 members appointed by the President. SEC. 305. POWERS OF COMMISSION. ommendations for triggering such suspen- (2) LIMITATION.—An individual who is a (a) HEARINGS AND SESSIONS.—The Commis- sion; Member or employee of the Congress may sion may, for the purpose of carrying out (E) consolidating or simplifying unfunded not be appointed or serve as a member of the this title, hold hearings, sit and act at times Federal mandates, or the planning or report- Commission. and places, take testimony, and receive evi- ing requirements of such mandates, in order (b) WAIVER OF LIMITATION ON EXECUTIVE dence as the Commission considers appro- to reduce duplication and facilitate compli- SCHEDULE POSITIONS.—Appointments may be priate. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 59

(b) POWERS OF MEMBERS AND AGENTS.—Any or noncompliance with the provisions of this Again, thank you for your leadership on member or agent of the Commission may, if Act, and any determination concerning the this important legislation. County officials authorized by the Commission, take any ac- applicability of the provisions of this Act across our great nation stand ready to assist tion which the Commission is authorized to shall not be subject to judicial review. you in anyway we can to ensure the swift take by this section. (b) RULE OF CONSTRUCTION.—No provision passage of S. 1. If you have any questions, (c) OBTAINING OFFICIAL DATA.—The Com- of this Act or amendment made by this Act please contact Larry Naake or Larry Jones mission may secure directly from any de- shall be construed to create any right or ben- of the NACo staff. partment or agency of the United States in- efit, substantive or procedural, enforceable Sincerely, formation necessary to enable it to carry out by any person in any administrative or judi- RANDALL FRANKE this title, except information— cial action. No ruling or determination made Commissioner, NACo President. (1) which is specifically exempted from dis- under the provisions of this Act or amend- closure by law; or ments made by this Act shall be considered (2) which that department or agency deter- by any court in determining the intent of NATIONAL SCHOOL BOARDS ASSOCIATION, mines will disclose— Congress or for any other purpose. Alexandria, VA, December 30, 1994. (A) matters necessary to be kept secret in Hon. DIRK KEMPTHORNE, the interests of national defense or the con- NATIONAL LEAGUE OF CITIES, U.S. Senate, fidential conduct of the foreign relations of Washington, DC, December 30, 1994. Washington, DC. the United States; Hon. DIRK KEMPTHORNE, DEAR SENATOR KEMPTHORNE: The National (B) information relating to trade secrets or U.S. Senate, School Boards Association (NSBA), on behalf financial or commercial information pertain- Washington, DC. on the more than 95,000 locally elected ing specifically to a given person if the infor- DEAR SENATOR KEMPTHORNE: I am writing school board members nationwide, would mation has been obtained by the Govern- on behalf of the elected officials of the na- like to offer its strong support for the ‘‘Un- ment on a confidential basis, other than tion’s cities and towns to commend you for funded Mandate Reform Act of 1995’’ (S. 1). through an application by such person for a sponsoring the Unfunded Mandate Reform This legislation would establish a general specific financial or other benefit, and is re- Act of 1995. Of all the measures introduced to rule that Congress shall not impose federal quired to be kept secret in order to prevent date, this legislation is undoubtedly the mandates without adequate funding. This undue injury to the competitive position of strongest, best crafted, and most comprehen- legislation would stop the flow of require- such person; or sive approach to provide relief for state and ments on school districts which must spend (C) personnel or medical data or similar local governments from the burden of un- billions of local tax dollars every year to data the disclosure of which would con- funded federal mandates. comply with unfunded federal mandates. We stitute a clearly unwarranted invasion of The National League of Cities commits its commend you for your unending leadership personal privacy; strongest support for the Unfunded Mandate on this critical issue. unless the portions containing such matters, Reform Act. We will fight any attempts to Today, school children throughout the information, or data have been excised. weaken the bill with the full force of the country are facing the prospect of reduced 150,000 local elected officials we represent. Upon request of the Chairperson of the Com- classroom instruction because the federal Local governments and the taxpayers we mission, the head of that department or government requires, but does not fund, serve have borne the federal government’s agency shall furnish that information to the services or programs that local school boards fiscal burden for too long. We will not have Commission. are directed to implement. School boards are such an important relief measure thwarted (d) MAILS.—The Commission may use the not opposed to the goals of many of these in the final hour by special interests. United States mails in the same manner and We commend you for continuing to foster mandates, but we believe that Congress under the same conditions as other depart- the bipartisan support which your original should be responsible for funding the pro- ments and agencies of the United States. mandate relief bill so successfully garnered grams it imposes on school districts. Our na- (e) ADMINISTRATIVE SUPPORT SERVICES.— in the last Congress. We will work hard to tion’s public school children must not be Upon the request of the Commission, the Ad- gain bipartisan support for mandates relief made to pay the price for unfunded federal ministrator of General Services shall provide in the 104th Congress, because, as you are mandates. to the Commission, on a reimbursable basis, well aware, this bill will benefit all states, S. 1 would prohibit a law from being imple- the administrative support services nec- all counties, all municipalities, and all tax- mented without necessary federal govern- essary for the Commission to carry out its payers, regardless of their political alle- ment funding. S. 1 would allow school dis- duties under this title. giance. tricts to execute the future programs which (f) CONTRACT AUTHORITY.—The Commission Again, please accept our sincere gratitude are required by the federal government with- may, subject to appropriations, contract for your efforts. out placing an unfair financial burden on the with and compensate government and pri- Sincerely, schools. vate agencies or persons for property and CAROLYN LONG BANKS, Again, we applaud your leadership in nego- services used to carry out its duties under President, tiating and sponsoring this bill which would this title. Councilwoman-at-Large. allow schools to provide a quality education SEC. 306. TERMINATION. to their students. We offer any assistance The Commission shall terminate 90 days NATIONAL ASSOCIATION OF COUNTIES, you need as you quickly move this bill to the after submitting its final report pursuant to Washington, DC, December 29, 1994. Senate floor. section 302(d). Hon. DIRK KEMPTHORNE, If you have questions regarding this issue, SEC. 307. AUTHORIZATION OF APPROPRIATIONS. U.S. Senate, please contact Laurie A. Westley, Chief Leg- There are authorized to be appropriated to Washington, DC. islative Counsel at (703) 838–6703. the Commission $1,000,000 to carry out this DEAR SENATOR KEMPTHORNE: On behalf of Yours very truly, title. the National Association of Counties. I am BOYD W. BOEHLJE, SEC. 308. DEFINITION. writing to express our strong support for S. President. As used in this title, the term ‘‘unfunded 1, the Unfunded Mandate Reform Act of 1995. THOMAS A. SHANNON, Federal mandate’’ means— We sincerely appreciate the leadership you Executive Director. (1) any provision in statute or regulation have provided in crafting this new, strong bi- that imposes an enforceable duty upon partisan bill to relieve states and local gov- ernments from the growing burdens of un- U.S. CONFERENCE OF MAYORS, States, local governments, or tribal govern- Washington, DC, December 30, 1994. ments including a condition of Federal as- funded federal mandates. Our NACo staff has Hon. DIRK KEMPTHORNE, sistance or a duty arising from participation reviewed the latest draft and they are con- vinced it is much stronger than S. 993, the U.S. Senate, in a voluntary Federal program; Washington, DC. (2) relates to a Federal program under bill approved in committee last summer. DEAR SENATOR KEMPTHORNE: On behalf of which Federal financial assistance is pro- While this legislation retained many of the the United States Conference of Mayors, I vided to States, local governments, or tribal basic principles from the previous bill, there want to thank you for your continued lead- governments under entitlement authority; were many improvements. Most significant ership in our fight against unfunded federal or among them is the provision that requires mandates and to express strong support for (3) that imposes any other unfunded obli- any new mandate to be funded by new enti- the new bill, S. 1. gation on States, local governments, or trib- tlement spending or new taxes or new appro- S. 1 is serious and tough mandate reform al governments. priations. If not, the mandate will not take effect unless the majority of members in which will do more than simply stop the SEC. 309. EFFECTIVE DATE. both houses vote to impose the cost on state flood of trickle-down taxes and irresponsible, This title shall take effect 60 days after the and local governments. Although the new ill-defined federal mandates which have date of the enactment of this Act. bill will not prevent Congress from imposing come from Washington over the past two TITLE IV—JUDICIAL REVIEW the cost of new mandates on state and local decades. S. 1 will begin to restore the part- SEC. 401. JUDICIAL REVIEW. taxpayers, by holding members accountable nership which the founders of this nation in- (a) IN GENERAL.—Any statement or report we believe it will discourage and curtail the tended to exist between the federal govern- prepared under this Act, and any compliance number of mandates imposed on them. ment, and state and local governments. S 60 CONGRESSIONAL RECORD — SENATE January 4, 1995 S. 1, which was developed in bipartisan co- For the past several years, a steady of the aisle, with Governmental Affairs operation with the state and local organiza- stream of unfunded mandates has been Committee, Chairman, ROTH, Budget tions, including the Conference of Mayors, is flowing out of Washington, wreaking Committee Chairman DOMENICI, key even stronger than what was before the Sen- havoc on State and local budgets, and Democrats on both of those key com- ate last year in that it requires Congress to either fund a mandate at the time of passage forcing Governors, Mayors, State legis- mittees, the administration and key or provide that the mandate cannot be en- lators and city council members across Republicans in the House. The result of forced by the federal government if not fully the country to make tough choices. all this effort is a bill that is tougher funded. However, the bill is still based upon Because most States and localities than the bill we debated last year. the carefully crafted package which was are required to balance their budgets I am confident that this new, im- agreed to in S. 993 and which garnered 67 each year, unfunded mandates force proved version—the Unfunded Man- Senate cosponsors in the 103rd Congress. The State and local officials to choose be- dates Reform Act of 1995—will be the bill would not in any way repeal, weaken or tween cutting other services and rais- blueprint for a bill that can be ap- affect any existing statute, be it an existing ing taxes to balance their budgets and proved in both Houses of Congress and unfunded mandate or not. This legislation only seeks to address new unfunded mandate fulfill their new federally-mandated re- signed into law by President Clinton legislation. In addition, S. 1 would not in- sponsibilities. early this year. fringe upon or limit the ability of the Con- The costs are staggering. Ohio Gov- Governors, State legislators, mayors, gress or the federal judicial system to en- ernor George Voinovich reviewed the county executives, and other State, force any new or existing constitutional pro- impact of unfunded Federal mandates local, and tribal executives—Demo- tection or civil rights statute. on the State of Ohio. His August 1993 crats, Republicans and Independents— The mayors are extremely pleased that our study found—and I quote—‘‘Unfunded are urging us to act quickly to provide legislation, which was blocked from final Federal mandates identified in this them with the protection they seek. passage in the 103rd Congress, has been des- survey will impose costs of over $1.74 They want to forge a new partnership ignated as S. 1 by incoming Majority Leader Bob Dole. We also understand and appreciate billion on the State of Ohio from 1992 between Congress and State and local the significance of the Governmental Affairs through 1995.’’ Officials at the National governments. Adoption of this impor- and Budget Committees holding a joint hear- Conference of State Legislatures have tant legislation will send them a clear ing on our bill on the second day of the 104th estimated that unfunded mandates cost signal that the 104th Congress intends Congress at which our organization will be States more than $10 billion a year. to make that new partnership a re- represented. The actual figure may be even higher. ality. I remember the early days in our campaign Gov. Pete Wilson has estimated that Chairman ROTH and Chairman DO- when many questioned our resolve. How unfunded Federal mandates cost the MENICI have announced that the Gov- could a freshman Republican Senator from State of California $7.7 billion in 1994. ernmental Affairs and Budget Commit- the State of Idaho move the Washington es- tablishment to reform its beloved practice of That’s a lot of money, even in Wash- tees will hold a joint hearing on S. 1 to- imposing federal mandates without funding? ington. Money that could have been morrow. The Governmental Affairs, We responded to these doubters by focusing used to bolster law enforcement or edu- Committee will markup the bill Fri- the national grass-roots resentment of un- cation budgets, money that could have day, and the Budget Committee will funded mandates into a well orchestrated po- been used to finance innovative new mark up the bill on Monday of next litical machine, and by joining with our State or local initiatives. week. Our hope is that by working on a state and local partners in taking our mes- Mr. President, the time has come for bipartisan basis we can get this impor- sage to Washington. a little legislative truth-in-advertising. tant piece of legislation to the floor The United States Conference of Mayors will continue in its efforts to enact S. 1 until Before Members of Congress vote for a and begin the debate next week. we are successful. We will not let up on the piece of legislation, they need to know Mr. GLENN. Mr. President, I rise to political and public pressure. And we will ac- how it could impact the States and lo- announce my support for S. 1—the tively oppose efforts to weaken our bill. calities they represent. If Members of Kempthorne-Glenn bill on Federal The time to pass our bill is now. Those who Congress want to pass a new law, they mandate reform and relief. This is leg- would seek to delay action will be held ac- should be willing to make the tough islation that had strong bipartisan and countable, and those who stand with state choices needed to pay for it. administration support last year. In and local government will know that they The Unfunded Mandate Reform Act fact we had 67 cosponsors, and my hope have our support and appreciation. Thank you again for all of your hard work of 1995 enjoys broad bipartisan support. is that we will be able to pass the bill and commitment, and rest assured that we It is a change that we can adopt this quickly through the House and Senate will continue to stand with you. month and have an immediate impact in this Congress. But before I go into a Sincerely yours, on the way that Congress evaluates description of the bill, I’d like to pro- VICTOR ASHE, new legislation. vide some background to the whole un- President. This legislation recognizes that gov- funded Federal mandates debate. Mr. DOLE. Mr. President, for years, ernments are not the only ones af- On October 27, 1993, State and local Members of Congress have tried to hide fected by mandates. This bill recog- elected officials from all over the Na- the full cost of efforts to expand the nizes that potential private sector tion came to Washington and declared reach of the Federal Government. They costs should be a part of the equation that day—‘‘National Unfunded Man- do this by passing Federal laws giving, whenever Congress evaluates the po- dates Day.’’ These officials conveyed a State and local governments new re- tential costs of new legislation. That is powerful message to Congress and the sponsibilities, but little, if any, of the why the bill would require that CBO Clinton administration on the need for money needed to fulfill their new feder- evaluate the potential costs of new Federal mandate reform and relief. ally-mandated obligations. State and mandates on businesses and individ- They raised four major objections to local officials call these new obliga- uals. unfunded Federal mandates. tions unfunded mandates. Mr. President, this is not a partisan First, unfunded Federal mandates State and local government costs issue. It’s a good government issue impose unreasonable fiscal burdens on don’t show up in the Federal budget. whose time has come, thanks, in large their budgets; Congressional advocates of a particular part, to the hard work and skilled lead- Second, they limit State and local piece of legislation who are concerned ership of the distinguished Senator government flexibility to address more that their proposal might not pass if from Idaho, Senator KEMPTHORNE. pressing local problems like crime and the full costs of implementation are As the former Mayor of Boise, Sen- education; known, shift a large portion of the ator KEMPTHORNE knows firsthand the Third, Federal mandates too often costs off-budget. The problem is that difficult choices that unfunded man- come in a ‘‘one size fits all’’ box that Federal cost estimates don’t tell the dates force upon those who have to bal- stifles the development of more inno- whole story. Just because a new piece ance their budgets every year. He has vative local efforts—efforts that ulti- of legislation doesn’t have a Federal worked tirelessly over the past several mately may be more effective in solv- cost does not mean that it has no cost months with State and local officials ing the problem the Federal mandate is or that it does not affect taxpayers. from across the country on both sides meant to address; and, January 4, 1995 CONGRESSIONAL RECORD — SENATE S 61 Fourth, they allow Congress to get ported out bills with an average esti- basis may indeed be worthy. However, credit for passing some worthy man- mated new cost of at least $17.8 billion when you look at all mandates span- date or program, while leaving State per year to State and local govern- ning across the entire gamut of Federal and local governments with the dif- ments. In total, 382 bills were reported laws and regulation, you begin to un- ficult tasks of cutting services or rais- from committees over the 6-year period derstand that it is the aggregate im- ing taxes in order to pay for it. with some new costs to State and local pact of all Federal mandates that has In our two hearings, we heard testi- governments. So if anything, the $17.8 spurred the calls for mandate reform mony from elected State and local offi- billion figure is a conservative esti- and relief. The Advisory Commission cials from both parties, representing mate for reported bills. on Intergovernmental Relations testi- all sizes of government. It was clear Federal environmental mandates fied in our April hearing that the num- from the testimony that unfunded head the list of areas that State and ber of major Federal statutes with ex- mandates hit small counties and town- local officials claim to be the most bur- plicit mandates on State and local gov- ships as hard as they do big cities and densome. A closer look at two of the ernments went from zero during the pe- larger States. studies done on the cost of State and riod of 1941 to 1964, to 9 during the rest I think it’s worth stepping back and local governments of compliance with of the 1960s, to 25 in the 70s, and 27 in taking a look at the evolution of the environmental statutes does indicate the 80s. Federal-State-local relationship over that these costs appear to be rising. A However, to truly reach a better un- the last decade and a half so we can put 1990 EPA study, Environmental Invest- derstanding of the Federal mandates this debate into some historical con- ments: The Cost of a Clean Environ- debate, we must also look at the Fed- text. I believe the seeds from which ment, estimates that total annual eral funding picture vis a vis State and sprang the mandate reform movement costs of environmental mandates— local governments. can be traced back to the so-called pol- from all levels of government—to State icy of ‘‘New Federalism,’’ a policy and local governments will rise from B. FEDERAL AID TO STATE AND LOCAL which resulted in a gradual but steady $22.2 billion in 1987 to $37.1 billion by GOVERNMENTS shift in governing responsibilities from the 2000—an increase in real terms of 67 The record shows that Federal discre- the Federal Government to State and percent. EPA estimates that the cost tionary aid to State and local govern- local governments over the last 10 to 15 of environmental mandates to State ments to both implement Federal poli- years. During that time period, Federal governments will rise from $3 billion in cies and directives as well as comply aid to State and local governments was 1987 to $4.5 billion by 2000—a 48-percent with them saw a sharp drop in the severely cut, or even eliminated, in a increase. Over the same timeframe, the 1980s. number of key domestic program areas. annual costs of environmental man- An examination of Census Bureau At the same time, enactment and sub- dates to local governments is esti- data on sources of State and local gov- sequent implementation of various mated to increase from $19.2 billion to ernment revenue shows a decreasing Federal statutes passed on new costs to $32.6 billion—a 70-percent gain. Accord- Federal role in the funding of State State and local governments. In simple ing to the Vice President’s National and local governments. In 1979, the terms, State and local governments Performance Review, the total annual Federal government’s contribution to ended up receiving less of the Federal cost of environmental mandates to State and local government revenues carrot and more of the Federal stick. State and local governments, when ad- reached 18.6 percent. By 1989, the Fed- A. THE COST OF FEDERAL MANDATES justed for inflation, will reach close to eral contribution of the State and local Let’s examine the cost issue first. $44 billion by the end of this century. revenue pie had steadily shrunk to 13.2 While there has been substantial de- The city of Columbus in my home percent before edging up to 14.3 percent bate on the actual cost of Federal man- State of Ohio also noted a trend in ris- in 1991—the latest year that data is dates, suffice it to say that almost all ing costs for city compliance with Fed- available. participants in the debate agree that eral environmental mandates. In its What contributed to declining trend there isn’t complete data on the aggre- study, the city concluded that its cost in the Federal financing of State and gate costs of Federal mandates to of compliance environmental statutes local governments? A closer look at State and local governments. In fact, would rise from $62.1 million in 1991 to patterns in Federal discretionary aid one of the major objectives of S. 993 is $107.4 million in 1995—in 1991 constant programs to State and local govern- to develop better information and data dollars—a 73-percent increase. The city ments during the 1980s provides the an- on the cost of mandates. Likewise, estimates that its share of the total swer. According to the Federal Funds there is even less information available city budget going to pay for these man- Information Service, between 1981 and on estimates of what potential benefits dates will increase from 10.6 percent to 1990 Federal discretionary program might be derived from select Federal 18.3 percent over that timeframe. funding to State and local governments mandates—a point made by representa- In addition to environmental require- rose slightly from $47.5 billion to $51.6 tives from the disability, environ- ments, State and local officials in our billion. However, this figure when ad- mental, and labor community in the committee hearings cited otherFederal justed for inflation tells a much dif- committee’s second hearing. Nonethe- requirements as burdensome and cost- ferent story; Federal aid dropped 28 less, there have been efforts made in ly. They highlighted compliance with percent in real terms over the decade. the past to measure the cost impacts of the Americans with Disabilities Act A number of vital Federal aid pro- Federal mandates on State and local and the Motor Voter Registration Act; grams to State and local governments governments. And those efforts do complying with the administrative re- experienced sharp cuts and, in some show that costs appear to be rising. quirements that go with implementing cases, outright elimination during the Since 1981, the Congressional Budget many Federal programs; and, meeting decade. In 1986, the administration and Office [CBO] has been preparing cost Federal criminal justice and edu- Congress agreed to terminate the gen- estimates on major legislation re- cational program requirements. Now I eral revenue sharing program—a pro- ported by committee with an expected would note that while each of these in- gram that provided approximately $4.5 annual cost to State and local govern- dividual programs or requirements billion annually to local governments ments in excess of $200 million. Accord- clearly carry with them costs to State and allowed them broad discretion on ing to CBO, 89 bills with an estimated and local governments, costs which we how to spend the funds. Since its incep- annual cost in excess of $200 million have too often ignored in the past, I be- tion in 1972, general revenue sharing each were reported out of committee lieve that on a case-by-case basis each had provided approximately $83 billion between 1983 and 1988. I would point out of these mandates has substantial ben- to State and local governments. Unfor- one major caveat with CBO’s analysis— efits to our society and our nation as a tunately, the Reagan administration it does not indicate whether these bills whole, otherwise I along with many of succeeded in terminating the program funded the costs or not, nor how many my colleagues in the Senate wouldn’t and the Congress followed its lead. of the bills were eventually enacted. have voted to enact them. State and There were other important Federal- Still, even with a rough calculation, local officials readily concede that in- State-local programs that were sub- the chart shows that committees re- dividual mandates on a case-by-case stantially cut back between 1981 and S 62 CONGRESSIONAL RECORD — SENATE January 4, 1995 1990. They include: Economic Develop- cess of $50 million annual cost to State, lations to work with CBO to develop a ment Assistance, Community Develop- local or tribal governments. better cost estimating process and to ment Block Grants, Mass Transit, Ref- To avoid the point of order, the spon- monitor implementation of the legisla- ugee Assistance, and Low-Income sor of the bill would have to authorize tion. Home Energy Assistance. funding to cover the cost to State and Luckily, under both the Bush and local governments of the Federal man- CLOSING REMARKS. Clinton administration, we’ve managed date, or otherwise find ways to pay for In closing, I’d like to put this issue to restore some needed funding to the mandate. This could come from the into some larger perspective. As we all many of these programs. Still, in real expansion of an existing grant or sub- know, the Federal, State, and local re- dollars, funds for discretionary aid pro- sidized loan program, or the creation of lationship is complicated. It is a blurry grams to State and local governments an new one, or perhaps the raising of line between where one level of govern- remain 18 percent below their 1981 lev- new revenues or user fees. ment’s responsibility ends and an- els. S. 1 also includes provisions for the other’s begins. All three levels of gov- THE COMMITTEE’S LEGISLATIVE EFFORTS analysis of legislation that imposes ernment need to work together in a In the last Congress, eight bills were mandates on the private sector. CBO constructive fashion to provide the referred to the Governmental Affairs would have to complete a private sec- best possible delivery of services to the Committee that touched on at least tor cost estimate on bills reported by American people in the most cost-ef- some aspect of the unfunded Federal Committee with a $200 million or more fective fashion. After all, as Federal, mandates problem. After two hearings, annual cost threshold. State, and local officials, we all serve we marked up a compromise bill that We do exempt certain Federal laws the same constituents. Further, we borrowed the best of the various provi- from this bill. Civil rights and Con- serve the American people at a time sions and requirements from the dif- stitutional rights are excluded. Na- when their confidence in all three lev- ferent bills. We worked closely in a de- tional security, emergency legislation, els of government is probably at an all- liberative, bipartisan fashion with the and ratification of international trea- time low. There are numerous expla- de facto leader on this issue, Senator ties are also exempt. nations for this lack of confidence in I want to also point out that the bill KEMPTHORNE, along with other Mem- government and I won’t go into them bers and with the administration. The does not prohibit Congress from pass- here. Vice President Gore’s National ing unfunded Federal mandates. There Kempthorne-Glenn Compromise had Performance Review attributes ‘‘an in- may be times when it is appropriate to the endorsement and strong support of creasingly hidebound and paralyzed ask State and local governments to the 7 groups representing State and intergovernmental process’’ as at least pick up the tab for Federal mandates. local governments: the National Gov- part of the reason for why many Amer- But let that debate take place on the ernors Association; the National Con- Senate floor and let there be a vote on icansfeel that government is wasteful, ference of State Legislators; the Coun- the specific mandate in the legislation. inefficient, and ineffective. We need to cil on State Governments; the National The Kempthorne-Glenn Compromise restore balance to the intergovern- League of Cities; the U.S. Conference of also addresses regulatory mandates. mental partnership as well as strength- Mayors; the National Association of We all know how the Federal bureauc- en it so that government at all levels Counties; and the International City racy can impose burdensome and in- can operate in a more cost-effective Management Association. It had the flexible regulations on State and local manner. backing of the Clinton administration governments as well as on others who Both the administration and a num- and was endorsed by the editorial end up trapped in the bureaucracy’s ber of my colleagues have made propos- boards of the New York Times, Cleve- regulatory net. In the Committee’s No- als to shift a number of Federal pro- land Plain Dealer, and other news- vember hearing, we heard testimony grams and responsibilities to State and papers across the country, both large from Susan Ritter, county auditor for local governments. Clearly, as this and small. The bill we are introducing Renville County, ND. Ms. Ritter noted mandates debate has shown us, we today as S. 1 largely embodies what we that the town of Sherwood, in her ought to at least experiment to see if had last year in S. 993. State, with a population of 286, will State and local governments can carry Let me explain what the have to spend $2,000—one half of its an- out some these programs in a more ef- Kempthorne-Glenn bill does: nual budget—on testing its water sup- fective fashion than we have been It requires the Congressional Budget ply in order to comply with EPA regu- doing at a Federal level. I know from Office to conduct State, local and trib- lations. Clearly, there is no way that my years as chairman of the Govern- al cost estimates on legislation that the town is going to be able to meet mental Affairs Committee that Ameri- imposes new Federal mandates in ex- this requirement. cans do want more efficient and less cess of $50 million annually onto the So, consistent with the President’s costly government and maybe one way budgets of State, local, and tribal gov- Executive Orders, we have required ernments. The current laws requires to accomplish that objective is too that Federal agencies conduct cost- grant more flexibility to State and these estimates at a $200 million benefit analyses on major regulations threshold. I believe that that high a local governments and let them run that impact State, local and tribal gov- some of these programs. However, I figure allows a lot of Federal mandates ernments. Further, agencies must de- think we should proceed with some de- to slip through without being scored. velop a timely and effective means of gree of caution. Growing up in the De- $200 million spread across equally allowing State and local input into the pression, I learned that State and local among all States may not be much, but regulatory process. Given that State if it falls particularly hard on any one and local governments are responsible governments don’t have the where- region—which does happen with legis- for implementing many of our Federal withal and resources to meet all lation around here—it is substantial. laws, it is not only fair that they be human needs. That’s why President Let me make clear, however, that what considered partners in the Federal reg- Roosevelt came through with the New CBO will score here are new Federal ulatory process, but it is also good pub- Deal. So there has been and will con- mandates, not what State, local, and lic policy as well. Such a process must tinue to be, the need for a Federal pres- tribal governments are spending to also be consistent with the Administra- ence in many domestic policy areas. comply with existing mandates, nor tive Procedure Act to ensure an open But that shouldn’t preclude us from what they are spending to comply with and fair process. The bill also requires maybe loosening the reigns on State their own laws and mandates. Federal agencies to make a special ef- and local governments some, or even Second, and I think most impor- fort in performing outreach to the dropping them entirely. But we should tantly, is that the bill holds Congress smallest governments. Then maybe be careful, and look at it on a case-by- accountable for imposing additional we’ll be able to minimize the occur- case basis. unfunded Federal mandates. We do this rence of situations like the one that I believe that the Kempthorne-Glenn by requiring a majority point of order took place in the town of Sherwood. bill would help to restore that partner- vote on any legislation that imposes Finally, we’ve asked the Advisory ship and bring needed perspective to fu- new unfunded Federal mandates in ex- Commission on Intergovernmental Re- ture Federal decisionmaking. I am January 4, 1995 CONGRESSIONAL RECORD — SENATE S 63 glad that it will be the first bill intro- funded Mandates Day’’. They sent a ernments will not only have an esti- duced in the Senate and look forward very loud and clear signal to Congress mate of the costs but also include the to working toward its very early pas- and the Clinton administration that money or taxes to pay for the mandate. sage. State and local governments and the If it does not pass both tests a majority I want to give special thanks to my taxpayers can no longer afford the ex- point of order will lie against the legis- colleague from Idaho for his rule in de- ploding costs of unfunded Federal man- lation. veloping this legislation. He has been dates. The simple fact is when the Fed- The economic impact analysis re- over diligent and, as a former mayor, eral Government passes an unfunded quirement for legislation which affects very passionate about this issue. But mandate on the States and local gov- the private sector is vitally important. he has also been willing to engage in ernments, they must then raise taxes, The private sector provision command the give and take that goes on in devel- reduce other spending or borrow. Man- CBO to provide an impact statement of oping legislation where there are a lot dates on the private sector also add the costs and the effect on the econ- of pressures from all sides to go one great costs to the economy. The ulti- omy of legislation with mandates way or the other. This has truly been a mate loser in this cycle is the U.S. tax- which exceed $200 million in any of the bipartisan effort and he deserves spe- payer. next 5 years. This requirement is simi- cial credit for that. According to a U.S. Conference of lar to legislation, the Economic and Mr. ROTH. Mr. President, I am very Mayors’ survey of 314 cities, the cost of Employment Impact Act, Senator REID pleased to join with my colleague, Sen- unfunded Federal mandates to cities and myself offered as an amendment to ator KEMPTHORNE, in cosponsoring alone for 1993 was $6.5 billion. The Fed- the National Competitiveness Act, and today the first bill introduced in the eral Clean Water Act—$3.6 billion, Fed- was approved by voice vote by the full Senate in the 104th Congress. The ‘‘Un- eral Solid Waste Disposal—$1 billion, Senate. funded Mandates Reform Act of 1995’’ and the Federal Safe Drinking Water Another important element of this represents an important shift in the Act—$0.6 billion were the most costly legislation that is also a key compo- basic attitude of the Congress toward unfunded mandates. On the private sec- nent of the Economic and Employment our State and local governments. It tor side, the Chamber of Commerce has Impact Act, is the requirement for eco- will help bring a better balance to our recently reported the result of a survey nomic impact analysis of regulatory system of federalism. of its membership which identified the actions exceeding $100 million by exec- In recognition of the fundamental issue of unfunded mandates and their utive branch agencies. The author of importance of this legislation, it has costs on the private sector and State this act should be commended for re- been assigned the bill number S. 1. As and local governments as the No. 1 quiring a cost analysis for regulations chairman of the Governmental Affairs issue. affecting State and local governments Committee, where the legislation has Several States and local governments and the private sector. been referred, I intend to act on it im- did their own studies of the costs of un- The cost of Federal mandates has un- mediately. A joint hearing with the funded Federal mandates. The city of leashed havoc upon State and local Budget Committee on S. 1 has been Columbus, OH found that compliance governments and the private sector. scheduled for tomorrow morning. The with Federal environmental regula- Congress and the administration must next day the Governmental Affairs tions alone will cost the city up to $1.6 stop passing the costs of their good Committee is scheduled to consider the billion over the next 10 years, which ideas without knowing the costs of bill, and vote on reporting it to the equals $850 annually per household. those ideas and assuming responsibil- Senate. It is my intention to bring the The Unfunded Mandate Reform Act ity for the undue economic burdens on ‘‘Unfunded Mandates Reform Act’’ to forces Congress to know how much the local governments, the private sec- the floor sometime next week. Federal mandates on States and local tor and the U.S. taxpayer. This important legislation is just the governments and the private sector first step in a long-overdue effort to re- cost. In addition, it will require that By Mr. GRASSLEY (for himself, form the Federal regulatory process. I the Federal Government pays the costs Mr. LIEBERMAN, Mr. DOLE, Mr. intend to move quickly in addressing incurred by complying with mandates NICKLES, Mr. ROTH, Mr. GLENN, the need for regulatory reform in the on State and local governments. This Mr. SMITH, Mr. SPECTER, Mr. broader sense, particular as it applies legislation will ensure that the eco- BROWN, Mr. INHOFE, Mr. THOMP- to the regulation of business. I expect nomic impact of major legislative and SON, Ms. SNOWE, Mr. ABRAHAM, to hold the first hearing on this subject regulatory proposals on State and local Mr. SANTORUM, Mr. CRAIG in early Fedruary. governments and the private sector are THOMAS, Mr. COHEN, Mr. CRAIG, Again, I want to express my pleasure given full consideration in Congress Mrs. BOXER, Mr. ROBB, Mr. in joining with the Senator from Idaho and the executive branch before they KOHL, Mr. WARNER, Mr. BAUCUS, in this important effort, embodied in become policy. Mr. HELMS, Mr. GREGG, Mr. the legislation he is introducing today. One of the primary reasons for the DEWINE, Mr. CAMPBELL, Mr. I urge my colleagues to help move it explosive growth in Federal mandates BENNETT, Mr. MACK, Mr. quickly to enactment. is Washington’s ignorance of exactly KERREY, Mrs. KASSEBAUM, and Mr. NICKLES. Mr. President, I would how much they costs States, local gov- Mr. LOTT): first like to commend Senator ernments and private citizens, regard- S. 2. A bill to make certain laws ap- KEMPTHORNE and Senator GLENN for less of how well-intended they may be. plicable to the legislative branch of the once again introducing the Unfunded This legislation seeks a solution to Federal Government; read twice. Mandates Reform Act and I am pleased that problem by requiring the Congres- THE CONGRESSIONAL ACCOUNTABILITY ACT OF to be an original cosponsor. Senator sional Budget Office [CBO] to estimate 1995 KEMPTHORNE has been especially stal- the impact of Federal mandates to Mr. DOLE. Mr. President, for far too wart in pushing unfunded mandate leg- State, local, and tribal governments as long, Congress has imposed new rules islation to the forefront and keeping well as the private sector. and regulations on the private sector, the Senate’s focus on this important In order to ensure the cooperation of while seeking to exempt itself from issue. Particularly, I am pleased the CBO and the committees in providing those same rules. legislation includes my language to re- this valuable economic impact infor- Not surprisingly, many of our citi- quire executive branch agencies to do a mation to the full Senate, the legisla- zens have begun to view the Senate and cost estimate of regulatory actions, tion before us requires a majority point the House of Representatives not as which was a key component of my leg- of order to lie against any Federal the people’s body, but as the ‘‘imperial islation, the Economic and Employ- mandate legislation which does not congress,’’ as an institution that con- ment Impact Act. have a CBO cost estimate of the impact siders itself above the law and without On October 27, 1993, Governors, State of that legislation on State and local accountability. legislators, county officials and mayors governments or the private sector. This past election day, the American from across the Nation came to Wash- Mandates costing greater than $50 people finally said ‘‘enough is enough.’’ ington and declared ‘‘National Un- million affecting State and local gov- Not only do the American people want S 64 CONGRESSIONAL RECORD — SENATE January 4, 1995 less government, less regulation, and hard work and commitment, S. 2 would TITLE III—OFFICE OF COMPLIANCE lower taxes, they also want Congress to not be the priority that it is today. I Sec. 301. Establishment of Office of Compli- clean up its own act by living under also want to take a moment to recog- ance. the very laws we seek to impose on ev- nize my colleague from Oklahoma, Sec. 302. Officers, staff, and other personnel. eryone else. After all, what’s good for Senator DON NICKLES, for his impor- Sec. 303. Procedural rules. the goose is certainly good for the gan- tant contribution as well. Sec. 304. Substantive regulations. der. Mr. President, I ask unanimous con- Sec. 305. Expenses. S. 2, the Congressional Accountabil- sent that the full text of S. 2 be re- TITLE IV—ADMINISTRATIVE AND JUDI- ity Act, is a key element of our effort printed in the RECORD immediately CIAL DISPUTE-RESOLUTION PROCE- to put the institution of Congress back after my remarks. DURES in the good graces of the American peo- S. 2 ple. Later today, the House will pass Sec. 401. Procedure for consideration of al- Be it enacted by the Senate and House of Rep- leged violations. its own version of congressional-cov- resentatives of the United States of America in Sec. 402. Counseling. erage legislation, and perhaps as early Congress assembled, Sec. 403. Mediation. as tomorrow, S. 2 will be passed here in SECTION 1. SHORT TITLE AND TABLE OF CON- the Senate. TENTS. Sec. 404. Election of proceeding. In a nutshell, S. 2 forces Congress to (a) SHORT TITLE.—This Act may be cited as Sec. 405. Complaint and hearing. the ‘‘Congressional Accountability Act of Sec. 406. Appeal to the Board. comply with the following laws that 1995’’. regulate private employment and the Sec. 407. Judicial review of Board decisions (b) TABLE OF CONTENTS.—The table of con- and enforcement. private-sector workplace: (1) The Fair tents for this Act is as follows: Sec. 408. Civil action. Labor Standards Act, (2) The Federal Sec. 1. Short title and table of contents. Sec. 409. Judicial review of regulations. Labor Management Relations Act, (3) TITLE I—GENERAL Sec. 410. Other judicial review prohibited. Title VII of the Civil Rights Act of Sec. 101. Definitions. 1964, (4) The Americans with Disabil- Sec. 102. Application of laws. Sec. 411. Effect of failure to issue regula- ities Act, (5) The Rehabilitation Act of TITLE II—EXTENSION OF RIGHTS AND tions. 1973, (6) The Age Discrimination in Em- PROTECTIONS Sec. 412. Expedited review of certain ap- peals. ployment Act, (7) The Family and Med- PART A—EMPLOYMENT DISCRIMINATION, FAM- ical Leave Act, (8) The Occupational ILY AND MEDICAL LEAVE, FAIR LABOR Sec. 413. Privileges and immunities. Safety and Health Act, (9) The Em- STANDARDS, EMPLOYEE POLYGRAPH PROTEC- Sec. 414. Settlement of complaints. ployee Polygraph Protection Act, (10) TION, WORKER ADJUSTMENT AND RETRAIN- Sec. 415. Payments. The Worker Adjustment and Retrain- ING, EMPLOYMENT AND REEMPLOYMENT OF Sec. 416. Confidentiality. VETERANS, AND INTIMIDATION ing Notification Act, and (11) The Vet- Sec. 201. Rights and protections under title TITLE V—MISCELLANEOUS PROVISIONS erans Reemployment Act. VII of the Civil Rights Act of Sec. 501. Exercise of rulemaking powers. All these laws now apply to the pri- 1964, the Age Discrimination in Sec. 502. Political affiliation and place of vate sector, and with the passage of S. Employment Act of 1967, the residence. 2, they will soon apply to Congress as Rehabilitation Act of 1973, and Sec. 503. Nondiscrimination rules of the well. title I of the Americans with House and Senate. To enforce the application of the Disabilities Act of 1990. Sec. 202. Rights and protections under the Sec. 504. Technical and conforming amend- laws to Congress, S. 2 establishes an of- ments. fice of compliance with a 5-member Family and Medical Leave Act of 1993. Sec. 505. Judicial branch coverage study. board of directors. The directors on the Sec. 203. Rights and protections under the Sec. 506. Savings provisions. board will be jointly appointed by the Fair Labor Standards Act of Sec. 507. Severability. Senate majority leader, the Senate mi- 1938. nority leader, the Speaker of the House Sec. 204. Rights and protections under the TITLE I—GENERAL of Representatives, and the House mi- Employee Polygraph Protec- SEC. 101. DEFINITIONS. nority leader. The office will also have tion Act of 1988. Except as otherwise specifically provided a general counsel, an executive direc- Sec. 205. Rights and protections under the in this Act, as used in this Act: Worker Adjustment and Re- (1) BOARD.—The term ‘‘Board’’ means the tor, and two deputy executive direc- training Notification Act. tors, one for the Senate and one for the Board of Directors of the Office of Compli- Sec. 206. Rights and protections relating to ance. House. Each of the deputy executive di- veterans’ employment and re- (2) CHAIR.—The term ‘‘Chair’’ means the rectors will be responsible for promul- employment. Chair of the Board of Directors of the Office Sec. 207. Prohibition of intimidation or re- gating the implementing regulations of Compliance. prisal. for his or her respective house. (3) COVERED EMPLOYEE.—The term ‘‘cov- In addition, S. 2 requires that any fu- PART B—PUBLIC SERVICES AND ACCOMMODA- ered employee’’ means any employee of— ture legislation that affects the terms TIONS UNDER THE AMERICANS WITH DISABIL- (A) the House of Representatives; ITIES ACT OF 1990 and conditions of private employment (B) the Senate; Sec. 210. Rights and protections under the (C) the Capitol Guide Service; must be accompanied by a report de- Americans with Disabilities scribing the manner in which the legis- (D) the Capitol Police; Act of 1990 relating to public (E) the Congressional Budget Office; lation will apply to Congress. If any services and accommodations; (F) the Office of the Architect of the Cap- provision of the proposed law does not procedures for remedy of viola- itol; apply to Congress, the report must in- tions. (G) the Office of the Attending Physician; clude a statement explaining why this PART C—OCCUPATIONAL SAFETY AND HEALTH (H) the Office of Compliance; or is so. This reporting requirement will ACT OF 1970 (I) the Office of Technology Assessment. help ensure that Congress resists the Sec. 215. Rights and protections under the (4) EMPLOYEE.—The term ‘‘employee’’ in- temptation of exempting itself from fu- Occupational Safety and Health cludes an applicant for employment and a ture regulations and rules. Act of 1970; procedures for rem- former employee. Of course, S. 2 may herald a new era edy of violations. (5) EMPLOYEE OF THE OFFICE OF THE ARCHI- TECT OF THE CAPITOL.—The term ‘‘employee of regulatory caution, where Congress PART D—LABOR-MANAGEMENT RELATIONS Sec. 220. Application of chapter 71 of title 5, of the Office of the Architect of the Capitol’’ thinks twice before imposing a new includes any employee of the Office of the government-crafted requirement on United States code, relating to Federal service labor-manage- Architect of the Capitol, the Botanic Garden, the private sector. It’s one thing for ment relations; procedures for or the Senate Restaurants. Congress to create a new regulatory remedy of violations. (6) EMPLOYEE OF THE CAPITOL POLICE.—The term ‘‘employee of the Capitol Police’’ in- burden; it’s something quite different PART E—GENERAL when Congress has to bear the burden cludes any member or officer of the Capitol Sec. 225. Generally applicable remedies and Police. too. limitations. Finally, Mr. President, I want to con- (7) EMPLOYEE OF THE HOUSE OF REPRESENTA- PART F—STUDY TIVES.—The term ‘‘employee of the House of gratulate my distinguished colleague, Sec. 230. Study and recommendations re- Representatives’’ includes an individual oc- Senator CHUCK GRASSLEY, for spear- garding General Accounting Of- cupying a position the pay for which is dis- heading the congressional-coverage ef- fice, Government Printing Of- bursed by the Clerk of the House of Rep- fort here in the Senate. Without his fice, and Library of Congress. resentatives, or another official designated January 4, 1995 CONGRESSIONAL RECORD — SENATE S 65 by the House of Representatives, or any em- (1) are applicable or inapplicable to the legis- In addition, the waiver provisions of section ployment position in an entity that is paid lative branch, and (B) with respect to provi- 7(f) of such Act (29 U.S.C. 626(f)) shall apply with funds derived from the clerk-hire allow- sions inapplicable to the legislative branch, to covered employees. ance of the House of Representatives but not whether such provisions should be made ap- (3) DISABILITIES DISCRIMINATION.—The rem- any such individual employed by any entity plicable to the legislative branch. The pre- edy for a violation of subsection (a)(3) shall listed in subparagraphs (C) through (I) of siding officers of the House of Representa- be— paragraph (3). tives and the Senate shall cause each such (A) such remedy as would be appropriate if (8) EMPLOYEE OF THE SENATE.—The term report to be printed in the Congressional awarded under section 505(a)(1) of the Reha- ‘‘employee of the Senate’’ includes any em- Record and each such report shall be referred bilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or to the committees of the House of Represent- ployee whose pay is disbursed by the Sec- section 107(a) of the Americans with Disabil- atives and the Senate with jurisdiction. retary of the Senate, but not any such indi- ities Act of 1990 (42 U.S.C. 12117(a)); and vidual employed by any entity listed in sub- (3) REPORTS OF CONGRESSIONAL COMMIT- (B) such compensatory damages as would paragraphs (C) through (I) of paragraph (3). TEES.—Each report accompanying any bill or be appropriate if awarded under sections (9) EMPLOYING OFFICE.—The term ‘‘employ- joint resolution relating to terms and condi- 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irre- ing office’’ means— tions of employment or access to public serv- spective of the size of the employing office, (A) the personal office of a Member of the ices or accommodations reported by a com- House of Representatives or of a Senator; mittee of the House of Representatives or 1977A(b)(3)(D) of the Revised Statutes (42 (B) a committee of the House of Represent- the Senate shall— U.S.C. 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and atives or the Senate or a joint committee; (A) describe the manner in which the pro- 1981a(b)(3)(D)). (C) any other office headed by a person visions of the bill or joint resolution apply to (c) APPLICATION TO GENERAL ACCOUNTING with the final authority to appoint, hire, dis- the legislative branch; or OFFICE, GOVERNMENT PRINTING OFFICE, AND charge, and set the terms, conditions, or (B) in the case of a provision not applicable LIBRARY OF CONGRESS.— privileges of the employment of an employee to the legislative branch, include a state- (1) SECTION 717 OF THE CIVIL RIGHTS ACT OF of the House of Representatives or the Sen- ment of the reasons the provision does not 1964.—Section 717(a) of the Civil Rights Act of ate; or apply. 1964 (42 U.S.C. 2000e–16) is amended by— (D) the Capitol Guide Board, the Capitol On the objection of any Member, it shall not (A) striking ‘‘legislative and’’; Police Board, the Congressional Budget Of- be in order for the Senate or the House of (B) striking ‘‘branches’’ and inserting fice, the Office of the Architect of the Cap- Representatives to consider any such bill or ‘‘branch’’; and itol, the Office of the Attending Physician, joint resolution if the report of the commit- (C) inserting ‘‘Government Printing Office, the Office of Compliance, and the Office of tee on such bill or joint resolution does not the General Accounting Office, and the’’ Technology Assessment. comply with the provisions of this para- after ‘‘and in the’’. (10) EXECUTIVE DIRECTOR.—The term ‘‘Ex- graph. This paragraph may be waived in ei- (2) SECTION 15 OF THE AGE DISCRIMINATION IN ecutive Director’’ means the Executive Di- ther House by majority vote of that House. EMPLOYMENT ACT OF 1967.—Section 15(a) of the rector of the Office of Compliance. TITLE II—EXTENSION OF RIGHTS AND Age Discrimination in Employment Act of (11) GENERAL COUNSEL.—The term ‘‘General PROTECTIONS 1967 (29 U.S.C. 633a(a)) is amended by— Counsel’’ means the General Counsel of the PART A—EMPLOYMENT DISCRIMINATION, (A) striking ‘‘legislative and’’; Office of Compliance. FAMILY AND MEDICAL LEAVE, FAIR (B) striking ‘‘branches’’ and inserting (12) OFFICE.—The term ‘‘Office’’ means the LABOR STANDARDS, EMPLOYEE POLY- ‘‘branch’’; and Office of Compliance. GRAPH PROTECTION, WORKER ADJUST- (C) inserting ‘‘Government Printing Office, SEC. 102. APPLICATION OF LAWS. MENT AND RETRAINING, EMPLOYMENT the General Accounting Office, and the’’ (a) LAWS MADE APPLICABLE.—The following AND REEMPLOYMENT OF VETERANS, after ‘‘and in the’’. laws shall apply, as prescribed by this Act, AND INTIMIDATION (3) SECTION 509 OF THE AMERICANS WITH DIS- to the legislative branch of the Federal Gov- SEC. 201. RIGHTS AND PROTECTIONS UNDER ABILITIES ACT OF 1990.—Section 509 of the ernment: TITLE VII OF THE CIVIL RIGHTS ACT Americans with Disabilities Act of 1990 (42 (1) The Fair Labor Standards Act of 1938 (29 OF 1964, THE AGE DISCRIMINATION U.S.C. 12209) is amended— U.S.C. 201 et seq.). IN EMPLOYMENT ACT OF 1967, THE (A) by striking subsections (a) and (b) of (2) Title VII of the Civil Rights Act of 1964 REHABILITATION ACT OF 1973, AND TITLE I OF THE AMERICANS WITH section 509; (42 U.S.C. 2000e et seq.). DISABILITIES ACT OF 1990. (3) The Americans with Disabilities Act of (B) in subsection (c), by striking ‘‘(c) IN- (a) DISCRIMINATORY PRACTICES PROHIB- 1990 (42 U.S.C. 12101 et seq.). STRUMENTALITIES OF CONGRESS.—’’ and in- ITED.—All personnel actions affecting cov- serting ‘‘The General Accounting Office, the (4) The Age Discrimination in Employment ered employees shall be made free from any Act of 1967 (29 U.S.C. 621 et seq.). Government Printing Office, and the Library discrimination based on— of Congress shall be covered as follows:’’; (5) The Family and Medical Leave Act of (1) race, color, religion, sex, or national or- (C) by striking the second sentence of para- 1993 (29 U.S.C. 2611 et seq.). igin, within the meaning of section 703 of the graph (2); (6) The Occupational Safety and Health Civil Rights Act of 1964 (42 U.S.C. 2000e–2); Act of 1970 (29 U.S.C. 651 et seq.). (2) age, within the meaning of section 15 of (D) in paragraph (4), by striking ‘‘the in- (7) Chapter 71 (relating to Federal service the Age Discrimination in Employment Act strumentalities of the Congress include’’ and labor-management relations) of title 5, Unit- of 1967 (29 U.S.C. 633a); or inserting ‘‘the term ‘instrumentality of the ed States Code. (3) disability, within the meaning of sec- Congress’ means’’, by striking ‘‘the Archi- (8) The Employee Polygraph Protection tion 501 of the Rehabilitation Act of 1973 (29 tect of the Capitol, the Congressional Budget Act of 1988 (29 U.S.C. 2001 et seq.). U.S.C. 791) and sections 102 through 104 of the Office’’, by inserting ‘‘and’’ before ‘‘the Li- (9) The Worker Adjustment and Retraining Americans with Disabilities Act of 1990 (42 brary’’, and by striking ‘‘the Office of Tech- Notification Act (29 U.S.C. 2101 et seq.). U.S.C. 12112–12114). nology Assessment, and the United States (10) The Rehabilitation Act of 1973 (29 (b) REMEDY.— Botanic Garden’’; U.S.C. 701 et seq.). (1) CIVIL RIGHTS.—The remedy for a viola- (E) by redesignating paragraph (5) as para- (11) Chapter 43 (relating to veterans’ em- tion of subsection (a)(1) shall be— graph (7) and by inserting after paragraph (4) ployment and reemployment) of title 38, (A) such remedy as would be appropriate if the following new paragraph: United States Code. awarded under section 706(g) of the Civil ‘‘(5) ENFORCEMENT OF EMPLOYMENT AWS HICH MAY BE ADE PPLICA (b) L W M A - Rights Act of 1964 (42 U.S.C. 2000e–5(g)); and RIGHTS.—The remedies and procedures set BLE.— (B) such compensatory damages as would forth in section 717 of the Civil Rights Act of (1) IN GENERAL.—The Board shall review be appropriate if awarded under section 1977 1964 (42 U.S.C. 2000e–16) shall be available to provisions of Federal law (including regula- of the Revised Statutes (42 U.S.C. 1981), or as any employee of an instrumentality of the tions) relating to (A) the terms and condi- would be appropriate if awarded under sec- Congress who alleges a violation of the tions of employment (including hiring, pro- tions 1977A(a)(1), 1977A(b)(2), and irrespective rights and protections under sections 102 motion, demotion, termination, salary, of the size of the employing office, through 104 of this Act that are made appli- wages, overtime compensation, benefits, 1977A(b)(3)(D) of the Revised Statutes (42 work assignments or reassignments, griev- U.S.C. 1981a(a)(1), 1981a(b)(2), and cable by this section, except that the au- ance and disciplinary procedures, protection 1981a(b)(3)(D)). thorities of the Equal Employment Oppor- from discrimination in personnel actions, oc- (2) AGE DISCRIMINATION.—The remedy for a tunity Commission shall be exercised by the cupational health and safety, and family and violation of subsection (a)(2) shall be— chief official of the instrumentality of the medical and other leave) of employees, and (A) such remedy as would be appropriate if Congress.’’; and (B) access to public services and accommoda- awarded under section 15(c) of the Age Dis- (F) by amending the title of the section to tions, crimination in Employment Act of 1967 (29 read ‘‘INSTRUMENTALITIES OF THE CON- (2) BOARD REPORT.—Beginning on Decem- U.S.C. 633a(c)); and GRESS’’. ber 31, 1996, and every 2 years thereafter, the (B) such liquidated damages as would be (d) EFFECTIVE DATE.—This section shall Board shall report on (A) whether or to what appropriate if awarded under section 7(b) of take effect 1 year after the date of the enact- degree the provisions described in paragraph such Act (29 U.S.C. 626(b)). ment of this Act. S 66 CONGRESSIONAL RECORD — SENATE January 4, 1995

SEC. 202. RIGHTS AND PROTECTIONS UNDER THE (1) IN GENERAL.—The rights and protec- (b) REMEDY.—The remedy for a violation of FAMILY AND MEDICAL LEAVE ACT tions established by subsections (a)(1) and (d) subsection (a) shall be such remedy as would OF 1993. of section 6, section 7, and section 12(c) of be appropriate if awarded under section (a) FAMILY AND MEDICAL LEAVE RIGHTS AND the Fair Labor Standards Act of 1938 (29 6(c)(1) of the Employee Polygraph Protection PROTECTIONS PROVIDED.— U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall Act of 1988 (29 U.S.C. 2005(c)(1)). (1) IN GENERAL.—The rights and protec- apply to covered employees. (c) REGULATIONS TO IMPLEMENT SECTION.— tions established by sections 101 through 105 (2) INTERNS.—For the purposes of this sec- (1) IN GENERAL.—The Board shall, pursuant of the Family and Medical Leave Act of 1993 tion, the term ‘‘covered employee’’ does not to section 304, issue regulations to imple- (29 U.S.C. 2611 through 2615) shall apply to include an intern as defined in regulations ment this section. covered employees. under subsection (c). (2) AGENCY REGULATIONS.—The regulations (2) DEFINITION.—For purposes of the appli- (3) COMPENSATORY TIME.—Except as pro- issued under paragraph (1) shall be the same cation described in paragraph (1)— vided in regulations under subsection (c)(3), (A) the term ‘‘employer’’ as used in the as substantive regulations promulgated by covered employees may not receive compen- the Secretary of Labor to implement the Family and Medical Leave Act of 1993 means satory time in lieu of overtime compensa- statutory provisions referred to in sub- any employing office, and tion. sections (a) and (b) except insofar as the (B) the term ‘‘eligible employee’’ as used in (b) REMEDY.—The remedy for a violation of Board may determine, for good cause shown the Family and Medical Leave Act of 1993 subsection (a) shall be such remedy, includ- and stated together with the regulation, that means a covered employee who has been em- ing liquidated damages, as would be appro- ployed in any employing office for 12 months priate if awarded under section 16(b) of the a modification of such regulations would be and for at least 1,250 hours of employment Fair Labor Standards Act of 1938 (29 U.S.C. more effective for the implementation of the during the previous 12 months. 216(b)). rights and protections under this section. (b) REMEDY.—The remedy for a violation of (c) REGULATIONS TO IMPLEMENT SECTION.— (d) EFFECTIVE DATE.— subsection (a) shall be such remedy, includ- (1) IN GENERAL.—The Board shall, pursuant (1) IN GENERAL.—Except as provided in ing liquidated damages, as would be appro- to section 304, issue regulations to imple- paragraph (2), subsections (a) and (b) shall be priate if awarded under paragraph (1) of sec- ment this section. effective 1 year after the date of the enact- tion 107(a) of the Family and Medical Leave (2) AGENCY REGULATIONS.—Except as pro- ment of this Act. Act of 1993 (29 U.S.C. 2617(a)(1)). vided in paragraph (3), the regulations issued (2) GENERAL ACCOUNTING OFFICE AND LI- (c) APPLICATION TO GENERAL ACCOUNTING under paragraph (1) shall be the same as sub- BRARY OF CONGRESS.—This section shall be OFFICE AND LIBRARY OF CONGRESS.— stantive regulations promulgated by the Sec- effective with respect to the General Ac- (1) AMENDMENTS TO THE FAMILY AND MEDI- retary of Labor to implement the statutory counting Office and the Library of Congress CAL LEAVE ACT OF 1993.— provisions referred to in subsection (a) ex- 1 year after transmission to the Congress of (A) COVERAGE.—Section 101(4)(A) of the cept insofar as the Board may determine, for the study under section 230. Family and Medical Leave Act of 1993 (29 good cause shown and stated together with U.S.C. 2611(4)(A)) is amended by striking SEC. 205. RIGHTS AND PROTECTIONS UNDER THE the regulation, that a modification of such WORKER ADJUSTMENT AND RE- ‘‘and’’ at the end of clause (ii), by striking regulations would be more effective for the the period at the end of clause (iii) and in- TRAINING NOTIFICATION ACT. implementation of the rights and protections (a) WORKER ADJUSTMENT AND RETRAINING serting ‘‘; and’’, and by adding after clause under this section. (iii) the following: NOTIFICATION RIGHTS.— (3) IRREGULAR WORK SCHEDULES.—The (1) IN GENERAL.—No employing office shall ‘‘(iv) includes the General Accounting Of- Board shall issue regulations for covered em- fice and the Library of Congress.’’. be closed or a mass layoff ordered within the ployees whose work schedules directly de- meaning of section 3 of the Worker Adjust- (B) ENFORCEMENT.—Section 107 of the Fam- pend on the schedule of the House of Rep- ily and Medical Leave Act of 1993 (29 U.S.C ment and Retraining Notification Act (29 resentatives or the Senate that shall be com- 2617) is amended by adding at the end the fol- U.S.C. 2102) until the end of a 60-day period parable to the provisions in the Fair Labor lowing: after the employing office serves written no- Standards Act of 1938 that apply to employ- ‘‘(f) GENERAL ACCOUNTING OFFICE AND LI- tice of such prospective closing or layoff to ees who have irregular work schedules. BRARY OF CONGRESS.—In the case of the Gen- representatives of covered employees or, if (d) APPLICATION TO THE GOVERNMENT eral Accounting Office and the Library of there are no representatives, to covered em- PRINTING OFFICE.—Section 3(e)(2)(A) of the Congress, the authority of the Secretary of ployees. Fair Labor Standards Act of 1938 (29 U.S.C. Labor under this title shall be exercised re- (2) DEFINITIONS.—For purposes of this sec- 203(e)(2)(A)) is amended— spectively by the Comptroller General of the tion, the term ‘‘covered employee’’ shall in- (1) in clause (iii), by striking ‘‘legislative United States and the Librarian of Con- clude employees of the General Accounting or’’, gress.’’. Office and the Library of Congress and the (2) by striking ‘‘or’’ at the end of clause (2) CONFORMING AMENDMENT TO TITLE 5, term ‘‘employing office’’ shall include the (iv), UNITED STATES CODE.—Section 6381(1)(A) of General Accounting Office and the Library of (3) by striking the semicolon at the end of title 5, United States Code, is amended by Congress. clause (v) and inserting ‘‘, or’’ and by adding striking ‘‘and’’ after ‘‘District of Columbia’’ (b) REMEDY.—The remedy for a violation of after clause (v) the following: and inserting before the semicolon the fol- subsection (a) shall be such remedy as would ‘‘(vi) the Government Printing Office;’’. lowing: ‘‘, and any employee of the General be appropriate if awarded under paragraphs (e) EFFECTIVE DATE.—Subsections (a) and Accounting Office or the Library of Con- (1), (2), and (4) of section 5(a) of the Worker (b) shall be effective 1 year after the date of gress’’. Adjustment and Retraining Notification Act the enactment of this Act. (d) REGULATIONS.— (29 U.S.C. 2104(a)(1), (2), and (4)). SEC. 204. RIGHTS AND PROTECTIONS UNDER THE (1) IN GENERAL.—The Board shall, pursuant (c) REGULATIONS TO IMPLEMENT SECTION.— to section 304, issue regulations to imple- EMPLOYEE POLYGRAPH PROTEC- TION ACT OF 1988. (1) IN GENERAL.—The Board shall, pursuant ment the rights and protections under this to section 304, issue regulations to imple- section. (a) POLYGRAPH PRACTICES PROHIBITED.— N GENERAL ment this section. (2) AGENCY REGULATIONS.—The regulations (1) I .—No employing office, irre- (2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same spective of whether a covered employee works in that employing office, may require issued under paragraph (1) shall be the same as substantive regulations promulgated by as substantive regulations promulgated by the Secretary of Labor to implement the a covered employee to take a lie detector the Secretary of Labor to implement the statutory provisions referred to in sub- test where such a test would be prohibited if statutory provisions referred to in sub- section (a) except insofar as the Board may required by an employer under paragraph (1), section (a) except insofar as the Board may determine, for good cause shown and stated (2), or (3) of section 3 of the Employee Poly- determine, for good cause shown and stated together with the regulation, that a modi- graph Protection Act of 1988 (29 U.S.C. together with the regulation, that a modi- fication of such regulations would be more 2002(1), (2), or (3)). In addition, the waiver effective for the implementation of the provisions of section 6(d) of such Act (29 fication of such regulations would be more rights and protections under this section. U.S.C. 2005(d)) shall apply to covered employ- effective for the implementation of the (e) EFFECTIVE DATE.— ees. rights and protections under this section. (1) IN GENERAL.—Subsections (a) and (b) (2) DEFINITIONS.—For purposes of this sec- (d) EFFECTIVE DATE.— shall be effective 1 year after the date of the tion, the term ‘‘covered employee’’ shall in- (1) IN GENERAL.—Except as provided in enactment of this Act. clude employees of the General Accounting paragraph (2), subsections (a) and (b) shall be (2) GENERAL ACCOUNTING OFFICE AND LI- Office and the Library of Congress and the effective 1 year after the date of the enact- BRARY OF CONGRESS.—Subsection (c) shall be term ‘‘employing office’’ shall include the ment of this Act. effective 1 year after transmission to the General Accounting Office and the Library of (2) GENERAL ACCOUNTING OFFICE AND LI- Congress of the study under section 230. Congress. BRARY OF CONGRESS.—This section shall be SEC. 203. RIGHTS AND PROTECTIONS UNDER THE (3) CAPITOL POLICE.—Nothing in this sec- effective with respect to the General Ac- FAIR LABOR STANDARDS ACT OF tion shall preclude the Capitol Police from counting Office and the Library of Congress 1938. using lie detector tests in accordance with 1 year after transmission to the Congress of (a) FAIR LABOR STANDARDS.— regulations under subsection (c). the study under section 230. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 67 SEC. 206. RIGHTS AND PROTECTIONS RELATING PART B—PUBLIC SERVICES AND ACCOM- shall be subject to review by the Board pur- TO VETERANS’ EMPLOYMENT AND MODATIONS UNDER THE AMERICANS suant to section 406. REEMPLOYMENT. WITH DISABILITIES ACT OF 1990 (4) JUDICIAL REVIEW.—A charging individ- (a) EMPLOYMENT AND REEMPLOYMENT ual who has intervened under paragraph (3) SEC. 210. RIGHTS AND PROTECTIONS UNDER THE RIGHTS OF MEMBERS OF THE UNIFORMED or any respondent to the complaint, if ag- AMERICANS WITH DISABILITIES ACT SERVICES.— OF 1990 RELATING TO PUBLIC SERV- grieved by a final decision of the Board (1) IN GENERAL.—It shall be unlawful for an ICES AND ACCOMMODATIONS; PRO- under paragraph (3), may file a petition for employing office to— CEDURES FOR REMEDY OF VIOLA- review in the United States Court of Appeals (A) discriminate, within the meaning of TIONS. for the Federal Circuit, pursuant to section subsections (a) and (b) of section 4311 of title (a) ENTITIES SUBJECT TO THIS SECTION.— 407. 38, United States Code, against an eligible The requirements of this section shall apply (e) REGULATIONS TO IMPLEMENT SECTION.— employee; to— (1) IN GENERAL.—The Board shall, pursuant (B) deny to an eligible employee reemploy- (1) each office of the Senate, including to section 304, issue regulations to imple- ment rights within the meaning of sections each office of a Senator and each committee; ment this section. (2) each office of the House of Representa- (2) AGENCY REGULATIONS.—The regulations 4312 and 4313 of title 38, United States Code; tives, including each office of a Member of issued under paragraph (1) shall be the same or the House of Representatives and each com- as substantive regulations promulgated by (C) deny to an eligible employee benefits mittee; the Attorney General and the Secretary of within the meaning of sections 4316, 4317, and (3) each joint committee of the Congress; Transportation to implement the statutory 4318 of title 38, United States Code. (4) the Capitol Guide Service; provisions referred to in subsection (b) to the (2) DEFINITIONS.—For purposes of this sec- (5) the Capitol Police; extent that the Board may determine, for tion— (6) the Congressional Budget Office; good cause shown and stated together with (A) the term ‘‘eligible employee’’ means a (7) the Office of the Architect of the Cap- the regulation, that a modification of such covered employee performing service in the itol (including the Senate Restaurants and regulations would be more effective for the uniformed services, within the meaning of the Botanic Garden); implementation of the rights and protections section 4303(13) of title 38, United States (8) the Office of the Attending Physician; under this section. Code, whose service has not been terminated (9) the Office of Compliance; and (f) PERIODIC INSPECTIONS; REPORT TO CON- upon occurrence of any of the events enu- (10) the Office of Technology Assessment. GRESS; INITIAL STUDY.— merated in section 4304 of title 38, United (b) DISCRIMINATION IN PUBLIC SERVICES AND (1) PERIODIC INSPECTIONS.—On a regular States Code, ACCOMMODATIONS.— basis, and at least once each Congress, the (B) the term ‘‘covered employee’’ includes (1) RIGHTS AND PROTECTIONS.—The rights General Counsel shall inspect the facilities employees of the General Accounting Office and protections against discrimination in of the entities listed in subsection (a) to en- and the Library of Congress, and the provision of public services and accom- sure compliance with subsection (b). (C) the term ‘‘employing office’’ includes modations established by sections 201 (2) REPORT.—On the basis of each periodic the General Accounting Office and the Li- through 230, 302, 303, and 309 of the Ameri- inspection, the General Counsel shall, at cans with Disabilities Act of 1990 (42 U.S.C. least once every Congress, prepare and sub- brary of Congress. 12131–12150, 12182, 12183, and 12189) shall apply mit a report— (b) REMEDY.—The remedy for a violation of to the entities listed in subsection (a). (A) to the Speaker of the House of Rep- subsection (a) shall be such remedy as would (2) DEFINITIONS.—For purposes of the appli- resentatives, the President pro tempore of be appropriate if awarded under paragraphs cation of title II of the Americans with Dis- the Senate, the Architect of the Capitol, and (1), (2)(A), and (3) of section 4323(c) of title 38, abilities Act of 1990 (42 U.S.C. 12131 et seq.) to the entity responsible, as determined United States Code. under this section, the term ‘‘public entity’’ under regulations issued by the Board under (c) REGULATIONS TO IMPLEMENT SECTION.— means any entity listed in subsection (a) section 304 of this Act, for correcting the vio- (1) IN GENERAL.—The Board shall, pursuant that provides public services, programs, or lation of this section uncovered by such in- to section 304, issue regulations to imple- activities. spection, and ment this section. (c) REMEDY.—The remedy for a violation of (B) containing the results of the periodic (2) AGENCY REGULATIONS.—The regulations subsection (b) shall be such remedy as would inspection, describing any steps necessary to issued under paragraph (1) shall be the same be appropriate if awarded under section 203 correct any violation of this section, assess- as substantive regulations promulgated by or 308(a) of the Americans with Disabilities ing any limitations in accessibility to and the Secretary of Labor to implement the Act of 1990 (42 U.S.C. 12133, 12188(a)), except usability by individuals with disabilities as- statutory provisions referred to in sub- that, with respect to any claim of employ- sociated with each violation, and the esti- section (a) except to the extent that the ment discrimination asserted by any covered mated cost and time needed for abatement. Board may determine, for good cause shown employee, the exclusive remedy shall be (3) INITIAL PERIOD FOR STUDY AND CORREC- and stated together with the regulation, that under section 201 of this title. TIVE ACTION.—The period from the date of a modification of such regulations would be (d) AVAILABLE PROCEDURES.— the enactment of this Act until December 31, more effective for the implementation of the (1) CHARGE FILED WITH GENERAL COUNSEL.— 1996, shall be available to the Office of the A qualified individual with a disability, as Architect of the Capitol and other entities rights and protections under this section. defined in section 201(2) of the Americans subject to this section to identify any viola- (d) EFFECTIVE DATE.— with Disabilities Act of 1990 (42 U.S.C. tions of subsection (b), to determine the (1) IN GENERAL.—Except as provided in 12131(2)), who alleges a violation of sub- costs of compliance, and to take any nec- paragraph (2), subsections (a) and (b) shall be section (b) by an entity listed in subsection essary corrective action to abate any viola- effective 1 year after the date of the enact- (a), may file a charge against any entity re- tions. The Office shall assist the Office of the ment of this Act. sponsible for correcting the violation with Architect of the Capitol and other entities (2) GENERAL ACCOUNTING OFFICE AND LI- the General Counsel within 180 days of the listed in subsection (a) by arranging for in- BRARY OF CONGRESS.—This section shall be occurrence of the alleged violation. The Gen- spections and other technical assistance at effective with respect to the General Ac- eral Counsel shall investigate the charge. their request. Prior to July 1, 1996, the Gen- counting Office and the Library of Congress (2) MEDIATION.—If, upon investigation eral Counsel shall conduct a thorough in- 1 year after transmission to the Congress of under paragraph (1), the General Counsel be- spection under paragraph (1) and shall sub- the study under section 230. lieves that a violation of subsection (b) may mit the report under paragraph (2) for the have occurred and that mediation may be 104th Congress. SEC. 207. PROHIBITION OF INTIMIDATION OR RE- helpful in resolving the dispute, the General (4) DETAILED PERSONNEL.—The Attorney PRISAL. Counsel may request, but not participate in, General, the Secretary of Transportation, (a) IN GENERAL.—It shall be unlawful for an mediation under section 403 between the and the Architectural and Transportation employing office to intimidate, take reprisal charging individual and any entity respon- Barriers Compliance Board may, on request against, or otherwise discriminate against, sible for correcting the alleged violation. of the Executive Director, detail to the Of- any covered employee because the covered (3) COMPLAINT, HEARING, BOARD REVIEW.—If fice such personnel as may be necessary to employee has opposed any practice made un- mediation under paragraph (2) has not suc- advise and assist the Office in carrying out lawful by this Act, or because the covered ceeded in resolving the dispute, and if the its duties under this section. employee has initiated proceedings, made a General Counsel believes that a violation of (g) APPLICATION OF AMERICANS WITH DIS- charge, or testified, assisted, or participated subsection (b) may have occurred, the Gen- ABILITIES ACT OF 1990 TO THE PROVISION OF in any manner in a hearing or other proceed- eral Counsel may file with the Office a com- PUBLIC SERVICES AND ACCOMMODATIONS BY ing under this Act. plaint against any entity responsible for cor- THE GENERAL ACCOUNTING OFFICE, THE GOV- (b) REMEDY.—The remedy available for a recting the violation. The complaint shall be ERNMENT PRINTING OFFICE, AND THE LIBRARY violation of subsection (a) shall be such legal submitted to a hearing officer for decision OF CONGRESS.—Section 509 of the Americans or equitable remedy as would be appropriate. pursuant to section 405 and any person who with Disabilities Act of 1990 (42 U.S.C. has filed a charge under paragraph (1) may 12209)), as amended by section 201(c) of this intervene as of right, with the full rights of Act, is amended by adding the following new a party. The decision of the hearing officer paragraph: S 68 CONGRESSIONAL RECORD — SENATE January 4, 1995

‘‘(6) ENFORCEMENT OF RIGHTS TO PUBLIC ploying office named in the citation or noti- (f) INITIAL PERIOD FOR STUDY AND CORREC- SERVICES AND ACCOMMODATIONS.—The rem- fication. The complaint shall be submitted TIVE ACTION.—The period from the date of edies and procedures set forth in section 717 to a hearing officer for decision pursuant to the enactment of this Act until December 31, of the Civil Rights Act of 1964 (42 U.S.C. section 405, subject to review by the Board 1996, shall be available to the Office of the 2000e–16) shall be available to any qualified pursuant to section 406. Architect of the Capitol and other employing person with a disability who is a visitor, (4) VARIANCE PROCEDURES.—An employing offices to identify any violations of sub- guest, or patron of an instrumentality of office may request from the Board an order section (a), to determine the costs of compli- Congress and who alleges a violation of the granting a variance from a standard made ance, and to take any necessary corrective rights and protections under sections 201 applicable by this section. For the purposes action to abate any violations. The Office through 230 or section 302 or 303 of this Act of this section, the Board shall exercise the shall assist the Office of the Architect of the that are made applicable by this section, ex- authorities granted to the Secretary of Capitol and other employing offices by ar- cept that the authorities of the Equal Em- Labor in section 6(b)(6) of the Occupational ranging for inspections and other technical ployment Opportunity Commission shall be Safety and Health Act of 1970 (29 U.S.C. assistance at their request. Prior to July 1, exercised by the chief official of the instru- 655(b)(6)) to act on any employing office’s re- 1996, the General Counsel shall conduct a mentality of the Congress.’’. quest for a variance. The Board shall refer thorough inspection under subsection (e)(1) (h) EFFECTIVE DATE.— the matter to a hearing officer pursuant to and shall submit the report under subsection (1) IN GENERAL.—Subsections (b), (c), and section 405, subject to review by the Board (e)(2) for the 104th Congress. (d) shall be effective on January 1, 1997. pursuant to section 406. (g) EFFECTIVE DATE.— (2) GENERAL ACCOUNTING OFFICE, GOVERN- (5) JUDICIAL REVIEW.—The General Counsel (1) IN GENERAL.—Except as provided in MENT PRINTING OFFICE, AND LIBRARY OF CON- or employing office aggrieved by a final deci- paragraph (2), subsections (a), (b), (c), and GRESS.—Subsection (g) shall be effective 1 sion of the Board under paragraph (3) or (4), (e)(3) shall be effective on January 1, 1997. year after transmission to the Congress of may file a petition for review with the Unit- (2) GENERAL ACCOUNTING OFFICE AND LI- the study under section 230. ed States Court of Appeals for the Federal BRARY OF CONGRESS.—This section shall be Circuit pursuant to section 407. PART C—OCCUPATIONAL SAFETY AND effective with respect to the General Ac- (6) COMPLIANCE DATE.—If a citation of a HEALTH ACT OF 1970 counting Office and the Library of Congress SEC. 215. RIGHTS AND PROTECTIONS UNDER THE violation under this section is received and new appropriated funds are necessary to 1 year after transmission to the Congress of OCCUPATIONAL SAFETY AND the study under section 230. HEALTH ACT OF 1970; PROCEDURES abate the violation, abatement shall take FOR REMEDY OF VIOLATIONS. place as soon as possible, but no later than PART D—LABOR-MANAGEMENT (a) OCCUPATIONAL SAFETY AND HEALTH PRO- the fiscal year following the fiscal year in RELATIONS TECTIONS.— which the citation is issued. (1) IN GENERAL.—Each employing office and (d) REGULATIONS TO IMPLEMENT SECTION.— SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE each covered employee shall comply with the (1) IN GENERAL.—The Board shall, pursuant 5, UNITED STATES CODE, RELATING provisions of section 5 of the Occupational to section 304, issue regulations to imple- TO FEDERAL SERVICE LABOR-MAN- Safety and Health Act of 1970 (29 U.S.C. 654). ment this section. AGEMENT RELATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS. (2) DEFINITIONS.—For purposes of the appli- (2) AGENCY REGULATIONS.—The regulations cation under this section of the Occupational issued under paragraph (1) shall be the same (a) LABOR-MANAGEMENT RIGHTS.— Safety and Health Act of 1970— as substantive regulations promulgated by (1) IN GENERAL.—Subject to subsection (d), (A) the term ‘‘employer’’ as used in such the Secretary of Labor to implement the the rights, protections, and responsibilities Act means an employing office; statutory provisions referred to in sub- established under sections 7102, 7106, 7111 (B) the term ‘‘employee’’ as used in such section (a) except to the extent that the through 7117, 7119 through 7122, and 7131 of Act means a covered employee; Board may determine, for good cause shown title 5, United States Code, shall apply to (C) the term ‘‘employing office’’ includes and stated together with the regulation, that employing offices and to covered employees the General Accounting Office and the Li- a modification of such regulations would be and representatives of those employees. brary of Congress; and more effective for the implementation of the (2) DEFINITION.—For purposes of the appli- (D) the term ‘‘employee’’ includes employ- rights and protections under this section. cation under this section of the sections re- ees of the General Accounting Office and the (e) PERIODIC INSPECTIONS; REPORT TO CON- ferred to in paragraph (1), the term ‘‘agency’’ Library of Congress. GRESS.— shall be deemed to include an employing of- (b) REMEDY.—The remedy for a violation of (1) PERIODIC INSPECTIONS.—On a regular fice. subsection (a) shall be an order to correct basis, and at least once each Congress, the (b) REMEDY.—The remedy for a violation of the violation, including such order as would General Counsel shall conduct periodic in- subsection (a) shall be such remedy, includ- be appropriate if issued under section 13(a) of spections of all facilities of the House of ing a remedy under section 7118(a)(7) of title the Occupational Safety and Health Act of Representatives, the Senate, the Capitol 5, United States Code, as would be appro- 1970 (29 U.S.C. 662(a)). Guide Service, the Capitol Police, the Con- priate if awarded by the Federal Labor Rela- (c) PROCEDURES.— gressional Budget Office, the Office of the tions Authority to remedy a violation of any (1) REQUESTS FOR INSPECTIONS.—Upon writ- Architect of the Capitol, the Office of the At- provision made applicable by subsection (a). ten request of any employing office or cov- tending Physician, the Office of Compliance, (c) AUTHORITIES AND PROCEDURES FOR IM- ered employee, the General Counsel shall ex- and the Office of Technology Assessment to PLEMENTATION AND ENFORCEMENT.— ercise the authorities granted to the Sec- report on compliance with subsection (a). (1) GENERAL AUTHORITIES OF THE BOARD; PE- retary of Labor by subsections (a) and (f) of (2) REPORT.—On the basis of each periodic TITIONS.—For purposes of this section and ex- section 8 of the Occupational Safety and inspection, the General Counsel shall prepare cept as otherwise provided in this section, Health Act of 1970 (29 U.S.C. 657(a) and (f)) to and submit a report— the Board shall exercise the authorities of inspect and investigate places of employ- (A) to the Speaker of the House of Rep- the Federal Labor Relations Authority under ment under the jurisdiction of employing of- resentatives, the President pro tempore of sections 7105, 7111, 7112, 7113, 7115, 7117, 7118, fices. the Senate, and the Office of the Architect of and 7122 of title 5, United States Code, and of (2) CITATIONS, NOTICES, AND NOTIFICA- the Capitol or other employing office respon- the President under section 7103(b) of title 5, TIONS.—For purposes of this section, the sible, as determined under regulations issued United States Code. For purposes of this sec- General Counsel shall exercise the authori- by the Board under section 304 of this Act, tion, any petition or other submission that, ties granted to the Secretary of Labor in sec- for correcting the violation of this section under chapter 71 of title 5, United States tions 9 and 10 of the Occupational Safety and uncovered by such inspection, and Code, would be submitted to the Federal Health Act of 1970 (29 U.S.C. 658 and 659), to (B) containing the results of the periodic Labor Relations Authority shall, if brought issue— inspection, identifying the employing office under this section, be submitted to the (A) a citation or notice to any employing responsible for correcting the violation of Board. The Board shall refer any matter office responsible for correcting a violation this section uncovered by such inspection, under this paragraph to a hearing officer for of subsection (a), as determined appropriate describing any steps necessary to correct decision pursuant to section 405, subject to by the General Counsel pursuant to regula- any violation of this section, and assessing review by the Board pursuant to section 406. tions issued by the Board pursuant to section any risks to employee health and safety as- The Board may direct that the General 304; or sociated with any violation. Counsel carry out the Board’s investigative (B) a notification to any employing office (3) ACTION AFTER REPORT.—If a report iden- authorities under this paragraph. that the General Counsel believes has failed tifies any violation of this section, the Gen- (2) GENERAL AUTHORITIES OF THE GENERAL to correct a violation for which a citation eral Counsel shall issue a citation or notice COUNSEL; CHARGES OF UNFAIR LABOR PRAC- has been issued within the period permitted in accordance with subsection (c)(2)(A). TICE.—For purposes of this section and ex- for its correction. (4) DETAILED PERSONNEL.—The Secretary of cept as otherwise provided in this section, (3) HEARINGS AND REVIEW.—If after issuing Labor may, on request of the Executive Di- the General Counsel shall exercise the au- a citation or notification, the General Coun- rector, detail to the Office such personnel as thorities of the General Counsel of the Fed- sel determines that a violation has not been may be necessary to advise and assist the Of- eral Labor Relations Authority under sec- corrected, the General Counsel may file a fice in carrying out its duties under this sec- tions 7104 and 7118 of title 5, United States complaint with the Office against the em- tion. Code. For purposes of this section, any January 4, 1995 CONGRESSIONAL RECORD — SENATE S 69 charge or other submission that, under chap- ees who are employed in offices listed in with respect to any claim under section 210, ter 71 of title 5, United States Code, would be paragraph (2) if the Board determines that is a prevailing party in any proceeding under submitted to the General Counsel of the Fed- such exclusion is required because of— section 405, 406, 407, or 408, the hearing offi- eral Labor Relations Authority shall, if (i) a conflict of interest or appearance of a cer, Board, or court, as the case may be, may brought under this section, be submitted to conflict of interest; or award attorney’s fees, expert witness fees, the General Counsel. If any person charges (ii) Congress’s constitutional responsibil- and any other costs as would be appropriate an employing office or a labor organization ities. if awarded under section 706(k) of the Civil with having engaged in or engaging in an un- (2) OFFICES REFERRED TO.—The offices re- Rights Act of 1964 (42 U.S.C. 2000e–5(k)). fair labor practice and makes such charge ferred to in paragraph (1) include— (b) INTEREST.—In any proceeding under within 180 days of the occurrence of the al- (A) the personal office of any Member of section 405, 406, 407, or 408, the same interest leged unfair labor practice, the General the House of Representatives or of any Sen- to compensate for delay in payment shall be Counsel shall investigate the charge and ator; made available as would be appropriate if may file a complaint with the Office. The (B) a standing, select, special, permanent, awarded under section 717(d) of the Civil complaint shall be submitted to a hearing of- temporary, or other committee of the Senate Rights Act of 1964 (42 U.S.C. 2000e–16(d)). ficer for decision pursuant to section 405, or House of Representatives, or a joint com- (c) CIVIL PENALTIES AND PUNITIVE DAM- subject to review by the Board pursuant to mittee of Congress; AGES.—No civil penalty or punitive damages section 406. (C) the Office of the Vice President (as may be awarded with respect to any claim (3) JUDICIAL REVIEW.—Except for matters President of the Senate), the Office of the under this Act. referred to in paragraphs (1) and (2) of sec- President pro tempore of the Senate, the Of- (d) EXCLUSIVE PROCEDURE.— tion 7123(a) of title 5, United States Code, the fice of the Majority Leader of the Senate, (1) IN GENERAL.—Except as provided in General Counsel or the respondent to the the Office of the Minority Leader of the Sen- paragraph (2), no person may commence an complaint, if aggrieved by a final decision of ate, the Office of the Majority Whip of the administrative or judicial proceeding to seek the Board under paragraphs (1) and (2) of this Senate, the Office of the Minority Whip of a remedy for the rights and protections af- subsection may file a petition for judicial re- the Senate, the Conference of the Majority of view in the United States Court of Appeals forded by this Act except as provided in this the Senate, the Conference of the Minority Act. for the Federal Circuit pursuant to section of the Senate, the Office of the Secretary of 407. (2) VETERANS.—A covered employee under the Conference of the Majority of the Senate, section 206 may also utilize any provisions of (4) EXERCISE OF IMPASSES PANEL AUTHORITY; the Office of the Secretary of the Conference chapter 43 of title 38, United States Code, REQUESTS.—For purposes of this section and of the Minority of the Senate, the Office of that are applicable to that employee. except as otherwise provided in this section, the Secretary for the Majority of the Senate, (e) SCOPE OF REMEDY.—Only a covered em- the Board shall exercise the authorities of the Office of the Secretary for the Minority the Federal Service Impasses Panel under ployee who has undertaken and completed of the Senate, the Majority Policy Commit- the procedures described in sections 402 and section 7119 of title 5, United States Code. tee of the Senate, the Minority Policy Com- For purposes of this section, any request 403 may be granted a remedy under part A of mittee of the Senate, and the following of- this title. that, under chapter 71 of title 5, United fices within the Office of the Secretary of the (f) CONSTRUCTION.— States Code, would be presented to the Fed- Senate: Offices of the Parliamentarian, Bill (1) DEFINITIONS AND EXEMPTIONS.—Except eral Service Impasses Panel shall, if made Clerk, Legislative Clerk, Journal Clerk, Ex- under this section, be presented to the where inconsistent with definitions and ex- ecutive Clerk, Enrolling Clerk, Official Re- emptions provided in this Act, the defini- Board. At the request of the Board, the Exec- porters of Debate, Daily Digest, Printing utive Director shall appoint a mediator or tions and exemptions in the laws made appli- Services, Captioning Services, and Senate cable by this Act shall apply under this Act. mediators to perform the functions of the Chief Counsel for Employment; Federal Service Impasses Panel under sec- (2) SIZE LIMITATIONS.—Notwithstanding (D) the Office of the Speaker of the House paragraph (1), provisions in the laws made tion 7119 of title 5, United States Code. of Representatives, the Office of the Major- (c) REGULATIONS TO IMPLEMENT SECTION.— applicable under this Act (other than the ity Leader of the House of Representatives, (1) IN GENERAL.—The Board shall, pursuant Worker Adjustment and Retraining Notifica- the Office of the Minority Leader of the to section 304, issue regulations to imple- tion Act) determining coverage based on House of Representatives, the Offices of the ment this section. size, whether expressed in terms of numbers Chief Deputy Majority Whips, the Offices of (2) AGENCY REGULATIONS.—Except as pro- of employees, amount of business transacted, the Chief Deputy Minority Whips and the fol- vided in subsection (d), the regulations is- or other measure, shall not apply in deter- lowing offices within the Office of the Clerk sued under paragraph (1) shall be the same as mining coverage under this Act. of the House of Representatives: Offices of substantive regulations promulgated by the (3) EXECUTIVE BRANCH ENFORCEMENT.—This Legislative Operations, Official Reporters of Federal Labor Relations Authority to imple- Act shall not be construed to authorize en- Debate, Official Reporters to Committees, ment the statutory provisions referred to in forcement by the executive branch of this subsection (a) except— Printing Services, and Legislative Informa- Act. (A) to the extent that the Board may de- tion; termine, for good cause shown and stated to- (E) the Office of the Legislative Counsel of PART F—STUDY the Senate, the Office of the Senate Legal gether with the regulation, that a modifica- SEC. 230. STUDY AND RECOMMENDATIONS RE- tion of such regulations would be more effec- Counsel, the Office of the Legislative Coun- sel of the House of Representatives, the Of- GARDING GENERAL ACCOUNTING tive for the implementation of the rights and OFFICE, GOVERNMENT PRINTING protections under this section; or fice of the General Counsel of the House of OFFICE, AND LIBRARY OF CON- (B) as the Board deems necessary to avoid Representatives, the Office of the Par- GRESS. a conflict of interest or appearance of a con- liamentarian of the House of Representa- (a) IN GENERAL.—The Administrative Con- flict of interest. tives, and the Office of the Law Revision ference of the United States shall undertake (d) SPECIFIC REGULATIONS REGARDING AP- Counsel; a study of— PLICATION TO CERTAIN OFFICES OF CON- (F) the offices of any caucus or party orga- (1) the application of the laws listed in sub- GRESS.— nization; section (b) to— (1) REGULATIONS REQUIRED.—The Board (G) the Congressional Budget Office, the (A) the General Accounting Office; shall issue regulations pursuant to section Office of Technology Assessment, and the Of- (B) the Government Printing Office; and 304 on the manner and extent to which the fice of Compliance; and (C) the Library of Congress; and requirements and exemptions of chapter 71 of (H) such other offices that perform com- (2) the regulations and procedures used by title 5, United States Code, should apply to parable functions which are identified under the entities referred to in paragraph (1) to covered employees who are employed in the regulations of the Board. apply and enforce such laws to themselves offices listed in paragraph (2). The regula- (e) EFFECTIVE DATE.— and their employees. tions shall, to the greatest extent prac- (1) IN GENERAL.—Except as provided in (b) APPLICABLE STATUTES.—The study ticable, be consistent with the provisions paragraph (2), subsections (a) and (b) shall be under this section shall consider the applica- and purposes of chapter 71 of title 5, United effective on October 1, 1996. tion of the following laws: States Code and of this Act, and shall be the (2) CERTAIN OFFICES.—With respect to the (1) Title VII of the Civil Rights Act of 1964 same as substantive regulations issued by offices listed in subsection (d)(2), to the cov- (42 U.S.C. 2000e et seq.), and related provi- the Federal Labor Relations Authority under ered employees of such offices, and to rep- sions of section 2302 of title 5, United States such chapter, except— resentatives of such employees, subsections Code. (A) to the extent that the Board may de- (a) and (b) shall be effective on the effective (2) The Age Discrimination in Employment termine, for good cause shown and stated to- date of regulations under subsection (d). Act of 1967 (29 U.S.C. 621 et seq.), and related gether with the regulation, that a modifica- PART E—GENERAL provisions of section 2302 of title 5, United tion of such regulations would be more effec- SEC. 225. GENERALLY APPLICABLE REMEDIES States Code. tive for the implementation of the rights and AND LIMITATIONS. (3) The Americans with Disabilities Act of protections under this section; and (a) ATTORNEY’S FEES.—If a covered em- 1990 (42 U.S.C. 12101 et seq.), and related pro- (B) that the Board shall exclude from cov- ployee, with respect to any claim under this visions of section 2302 of title 5, United erage under this section any covered employ- Act, or a qualified person with a disability, States Code. S 70 CONGRESSIONAL RECORD — SENATE January 4, 1995

(4) The Family and Medical Leave Act of (2) DISQUALIFICATIONS FOR APPOINTMENTS.— from the home or regular place of business of 1993 (29 U.S.C. 2611 et seq.), and related provi- (A) LOBBYING.—No individual who engages the member. sions of sections 6381 through 6387 of title 5, in, or is otherwise employed in, lobbying of (h) DUTIES.—The Office shall— United States Code. the Congress and who is required under the (1) carry out a program of education for (5) The Fair Labor Standards Act of 1938 (29 Federal Regulation of Lobbying Act to reg- Members of Congress and other employing U.S.C. 201 et seq.), and related provisions of ister with the Clerk of the House of Rep- authorities of the legislative branch of the sections 5541 through 5550a of title 5, United resentatives or the Secretary of the Senate Federal Government respecting the laws States Code. shall be eligible for appointment to, or serv- made applicable to them and a program to (6) The Occupational Safety and Health ice on, the Board. inform individuals of their rights under laws Act of 1970 (29 U.S.C. 651 et seq.), and related (B) INCOMPATIBLE OFFICE.—No member of applicable to the legislative branch of the provisions of section 7902 of title 5, United the Board appointed under subsection (b) Federal Government; States Code. may hold or may have held the position of (2) in carrying out the program under para- (7) The Rehabilitation Act of 1973 (29 U.S.C. Member of the House of Representatives or graph (1), distribute the telephone number 701 et seq.). Senator, may hold the position of officer or and address of the Office, procedures for ac- (8) Chapter 71 (relating to Federal service employee of the House of Representatives, tion under title IV, and any other informa- labor-management relations) of title 5, Unit- Senate, or instrumentality or other entity of tion appropriate for distribution, distribute ed States Code. the legislative branch, or may have held such information to employing offices in a (9) The General Accounting Office Person- such a position (other than the position of an manner suitable for posting, provide such in- nel Act of 1980 (31 U.S.C. 731 et seq.). officer or employee of the General Account- formation to new employees of employing of- (10) The Employee Polygraph Protection ing Office Personnel Appeals Board, an offi- fices, distribute such information to the resi- Act of 1988 (29 U.S.C. 2001 et seq.). cer or employee of the Office of Fair Employ- dences of covered employees, and conduct (11) The Worker Adjustment and Retrain- ment Practices of the House of Representa- seminars and other activities designed to ing Notification Act (29 U.S.C. 2101 et seq.). tives, or officer or employee of the Office of educate employing offices and covered em- (12) Chapter 43 (relating to veterans’ em- Fair Employment Practices of the Senate) ployees; and ployment and reemployment) of title 38, within 4 years of the date of appointment. United States Code. (3) compile and publish statistics on the (3) VACANCIES.—A vacancy on the Board use of the Office by covered employees, in- (c) CONTENTS OF STUDY AND RECOMMENDA- shall be filled in the manner in which the cluding the number and type of contacts TIONS.—The study under this section shall original appointment was made. made with the Office, on the reason for such evaluate whether the rights, protections, and (e) TERM OF OFFICE.— contacts, on the number of covered employ- procedures, including administrative and ju- (1) IN GENERAL.—Except as provided in ees who initiated proceedings with the Office dicial relief, applicable to the entities listed paragraph (2), membership on the Board under this Act and the result of such pro- in paragraph (1) of subsection (a) and their shall be for 5 years. A member of the Board ceedings, and on the number of covered em- employees are comprehensive and effective who is appointed to a term of office of more ployees who filed a complaint, the basis for and shall include recommendations for any than 3 years shall only be eligible for ap- the complaint, and the action taken on the improvements in regulations or legislation, pointment for a single term of office. complaint. including proposed regulatory or legislative (2) FIRST APPOINTMENTS.—Of the members (i) CONGRESSIONAL OVERSIGHT.—The Board language. first appointed to the Board— and the Office shall be subject to oversight (d) DEADLINE AND DELIVERY OF STUDY.— (A) 1 shall have a term of office of 3 years, (except with respect to the disposition of in- Not later than 2 years after the date of the (B) 2 shall have a term of office of 4 years, dividual cases) by the Committee on Rules enactment of this Act— and and Administration and the Committee on (1) the Administrative Conference of the (C) 2 shall have a term of office of 5 years, Governmental Affairs of the Senate and the United States shall prepare and complete the 1 of whom shall be the Chair, Committee on House Oversight of the House study and recommendations required under as designated at the time of appointment by of Representatives. this section and shall submit the study and the persons specified in subsection (b). (j) OPENING OF OFFICE.—The Office shall be recommendations to the Board; and (f) REMOVAL.— open for business, including receipt of re- (2) the Board shall transmit such study and (1) AUTHORITY.—Any member of the Board quests for counseling under section 402, not recommendations (with the Board’s com- may be removed from office by a majority later than 1 year after the date of the enact- ments) to the head of each entity considered decision of the appointing authorities de- ment of this Act. in the study, and to the Congress by delivery scribed in subsection (b), but only for— (k) FINANCIAL DISCLOSURE REPORTS.—Mem- to the Speaker of the House of Representa- (A) disability that substantially prevents bers of the Board and officers and employees tives and President pro tempore of the Sen- the member from carrying out the duties of of the Office shall file the financial disclo- ate for referral to the appropriate commit- the member, sure reports required under title I of the Eth- tees of the House of Representatives and of (B) incompetence, ics in Government Act of 1978 with the Clerk the Senate. (C) neglect of duty, of the House of Representatives. TITLE III—OFFICE OF COMPLIANCE (D) malfeasance, including a felony or con- SEC. 301. ESTABLISHMENT OF OFFICE OF COM- duct involving moral turpitude, or SEC. 302. OFFICERS, STAFF, AND OTHER PERSON- PLIANCE. (E) holding an office or employment or en- NEL. (a) ESTABLISHMENT.—There is established, gaging in an activity that disqualifies the in- (a) EXECUTIVE DIRECTOR.— as an independent office within the legisla- dividual from service as a member of the (1) APPOINTMENT AND REMOVAL.— tive branch of the Federal Government, the Board under subsection (d)(2). (A) IN GENERAL.—The Chair, subject to the Office of Compliance. (2) STATEMENT OF REASONS FOR REMOVAL.— approval of the Board, shall appoint and may (b) BOARD OF DIRECTORS.—The Office shall In removing a member of the Board, the remove an Executive Director. Selection and have a Board of Directors. The Board shall Speaker of the House of Representatives and appointment of the Executive Director shall consist of 5 individuals appointed jointly by the President pro tempore of the Senate be without regard to political affiliation and the Speaker of the House of Representatives, shall state in writing to the member of the solely on the basis of fitness to perform the the Majority Leader of the Senate, and the Board being removed the specific reasons for duties of the Office. The first Executive Di- Minority Leaders of the House of Represent- the removal. rector shall be appointed no later than 90 atives and the Senate. Appointments of the (g) COMPENSATION.— days after the initial appointment of the first 5 members of the Board shall be com- (1) PER DIEM.—Each member of the Board Board of Directors. pleted not later than 90 days after the date shall be compensated at a rate equal to the (B) QUALIFICATIONS.— The Executive Direc- of the enactment of this Act. daily equivalent of the annual rate of basic tor shall be an individual with training or (c) CHAIR.—The Chair shall be appointed pay prescribed for level V of the Executive expertise in the application of laws referred from members of the Board jointly by the Schedule under section 5316 of title 5, United to in section 102(a). Speaker of the House of Representatives, the States Code, for each day (including travel (C) DISQUALIFICATIONS.—The disqualifica- Majority Leader of the Senate, and the Mi- time) during which such member is engaged tions in section 301(d)(2) shall apply to the nority Leaders of the House of Representa- in the performance of the duties of the appointment of the Executive Director. tives and the Senate. Board. The rate of pay of a member may be (2) COMPENSATION.—The Chair may fix the (d) BOARD OF DIRECTORS QUALIFICATIONS.— prorated based on the portion of the day dur- compensation of the Executive Director. The (1) SPECIFIC QUALIFICATIONS.—Selection ing which the member is engaged in the per- rate of pay for the Executive Director may and appointment of members of the Board formance of Board duties. not exceed the annual rate of basic pay pre- shall be without regard to political affili- (2) TRAVEL EXPENSES.—Each member of the scribed for level V of the Executive Schedule ation and solely on the basis of fitness to Board shall receive travel expenses, includ- under section 5316 of title 5, United States perform the duties of the Office. Members of ing per diem in lieu of subsistence, at rates Code. the Board shall have training or experience authorized for employees of agencies under (3) TERM.—The term of office of the Execu- in the application of the rights, protections, subchapter I of chapter 57 of title 5, United tive Director shall be a single term of 5 and remedies under one or more of the laws States Code, for each day the member is en- years, except that the first Executive Direc- made applicable under section 102. gaged in the performance of duties away tor shall have a single term of 7 years. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 71

(4) DUTIES.—The Executive Director shall (iv) malfeasance, including a felony or con- (i) the Senate and employees of the Senate; serve as the chief operating officer of the Of- duct involving moral turpitude, or (ii) the House of Representatives and em- fice. Except as otherwise specified in this (v) holding an office or employment or en- ployees of the House of Representatives; and Act, the Executive Director shall carry out gaging in an activity that disqualifies the in- (iii) all other covered employees and em- all of the responsibilities of the Office under dividual from service as the General Counsel ploying offices. this Act. under paragraph (1). (b) ADOPTION BY THE BOARD.—The Board (b) DEPUTY EXECUTIVE DIRECTORS.— (B) STATEMENT OF REASONS FOR REMOVAL.— shall adopt the regulations referred to in (1) IN GENERAL.—The Chair, subject to the In removing the General Counsel, the Speak- subsection (a)(1) in accordance with the prin- approval of the Board, shall appoint and may er of the House of Representatives and the ciples and procedures set forth in section 553 remove a Deputy Executive Director for the President pro tempore of the Senate shall of title 5, United States Code, and as pro- Senate and a Deputy Executive Director for state in writing to the General Counsel the vided in the following provisions of this sub- the House of Representatives. Selection and specific reasons for the removal. section: appointment of a Deputy Executive Director (d) OTHER STAFF.—The Executive Director (1) PROPOSAL.—The Board shall publish a shall be without regard to political affili- shall appoint, and fix the compensation of, general notice of proposed rulemaking under ation and solely on the basis of fitness to and may remove, such other additional staff, section 553(b) of title 5, United States Code, perform the duties of the office. The dis- including hearing officers, but not including but, instead of publication of a general no- qualifications in section 301(d)(2) shall apply attorneys employed in the office of the Gen- tice of proposed rulemaking in the Federal to the appointment of a Deputy Executive eral Counsel, as may be necessary to enable Register, the Board shall transmit such no- Director. the Office to perform its duties. tice to the Speaker of the House of Rep- (2) TERM.—The term of office of a Deputy (e) DETAILED PERSONNEL.—The Executive resentatives and the President pro tempore Executive Director shall be a single term of Director may, with the prior consent of the of the Senate for publication in the Congres- 5 years, except that the first Deputy Execu- department or agency of the Federal Govern- sional Record on the first day on which both tive Directors shall have a single term of 6 ment concerned, use on a reimbursable or Houses are in session following such trans- years. nonreimbursable basis the services of person- mittal. Such notice shall set forth the rec- (3) COMPENSATION.—The Chair may fix the nel of any such department or agency, in- ommendations of the Deputy Director for compensation of the Deputy Executive Di- cluding the services of members or personnel the Senate in regard to regulations under rectors. The rate of pay for a Deputy Execu- of the General Accounting Office Personnel subsection (a)(2)(B)(i), the recommendations tive Director may not exceed 96 percent of Appeals Board. of the Deputy Director for the House of Rep- the annual rate of basic pay prescribed for (f) CONSULTANTS.—In carrying out the resentatives in regard to regulations under level V of the Executive Schedule under sec- functions of the Office, the Executive Direc- subsection (a)(2)(B)(ii), and the recommenda- tion 5316 of title 5, United States Code. tor may procure the temporary (not to ex- tions of the Executive Director for regula- (4) DUTIES.—The Deputy Executive Direc- ceed 1 year) or intermittent services of con- tions under subsection (a)(2)(B)(iii). tor for the Senate shall recommend to the sultants. (2) COMMENT.—Before adopting regulations, Board regulations under section SEC. 303. PROCEDURAL RULES. the Board shall provide a comment period of 304(a)(2)(B)(i), maintain the regulations and (a) IN GENERAL.—The Executive Director at least 30 days after publication of a general all records pertaining to the regulations, and shall, subject to the approval of the Board, notice of proposed rulemaking. shall assume such other responsibilities as adopt rules governing the procedures of the (3) ADOPTION.—After considering com- may be delegated by the Executive Director. Office, including the procedures of hearing ments, the Board shall adopt regulations and The Deputy Executive Director for the House officers, which shall be submitted for publi- shall transmit notice of such action together of Representatives shall recommend to the cation in the Congressional Record. The with a copy of such regulations to the Board the regulations under section rules may be amended in the same manner. Speaker of the House of Representatives and 304(a)(2)(B)(ii), maintain the regulations and (b) PROCEDURE.—The Executive Director the President pro tempore of the Senate for all records pertaining to the regulations, and shall adopt rules referred to in subsection (a) publication in the Congressional Record on shall assume such other responsibilities as in accordance with the principles and proce- the first day on which both Houses are in may be delegated by the Executive Director. dures set forth in section 553 of title 5, Unit- session following such transmittal. (c) GENERAL COUNSEL.— ed States Code. The Executive Director shall (4) RECOMMENDATION AS TO METHOD OF AP- (1) IN GENERAL.—The Chair, subject to the publish a general notice of proposed rule- PROVAL.—The Board shall include a rec- approval of the Board, shall appoint a Gen- making under section 553(b) of title 5, United ommendation in the general notice of pro- eral Counsel. Selection and appointment of States Code, but, instead of publication of a posed rulemaking and in the regulations as the General Counsel shall be without regard general notice of proposed rulemaking in the to whether the regulations should be ap- to political affiliation and solely on the basis Federal Register, the Executive Director proved by resolution of the Senate, by reso- of fitness to perform the duties of the Office. shall transmit such notice to the Speaker of lution of the House of Representatives, by The disqualifications in section 301(d)(2) the House of Representatives and the Presi- concurrent resolution, or by joint resolution. shall apply to the appointment of a General dent pro tempore of the Senate for publica- (c) APPROVAL OF REGULATIONS.— Counsel. tion in the Congressional Record on the first (1) IN GENERAL.—Regulations referred to in (2) COMPENSATION.—The Chair may fix the day on which both Houses are in session fol- paragraph (2)(B)(i) of subsection (a) may be compensation of the General Counsel. The lowing such transmittal. Before issuing approved by the Senate by resolution or by rate of pay for the General Counsel may not rules, the Executive Director shall provide a the Congress by concurrent resolution or by exceed the annual rate of basic pay pre- comment period of at least 30 days after pub- joint resolution. Regulations referred to in scribed for level V of the Executive Schedule lication of a general notice of proposed rule- paragraph (2)(B)(ii) of subsection (a) may be under section 5316 of title 5, United States making. Upon adopting rules, the Executive approved by the House of Representatives by Code. Director shall transmit notice of such action resolution or by the Congress by concurrent (3) DUTIES.—The General Counsel shall— together with a copy of such rules to the resolution or by joint resolution. Regula- (A) exercise the authorities and perform Speaker of the House of Representatives and tions referred to in paragraph (2)(B)(iii) may the duties of the General Counsel as specified the President pro tempore of the Senate for be approved by Congress by concurrent reso- in this Act; and publication in the Congressional Record on lution or by joint resolution. (B) otherwise assist the Board and the Ex- the first day on which both Houses are in (2) REFERRAL.—Upon receipt of a notice of ecutive Director in carrying out their duties session following such transmittal. Rules adoption of regulations under subsection and powers, including representing the Office shall be considered issued by the Executive (b)(3), the presiding officers of the House of in any judicial proceeding under this Act. Director as of the date on which they are Representatives and the Senate shall refer (4) ATTORNEYS IN THE OFFICE OF THE GEN- published in the Congressional Record. such notice, together with a copy of such ERAL COUNSEL.—The General Counsel shall SEC. 304. SUBSTANTIVE REGULATIONS. regulations, to the appropriate committee or appoint, and fix the compensation of, and (a) REGULATIONS.— committees of the House of Representatives may remove, such additional attorneys as (1) IN GENERAL.—The procedures applicable and of the Senate. The purpose of the refer- may be necessary to enable the General to the regulations of the Board issued for the ral shall be to consider whether such regula- Counsel to perform the General Counsel’s du- implementation of this Act, which shall in- tions should be approved, and, if so, whether ties. clude regulations the Board is required to such approval should be by resolution of the (5) TERM.—The term of office of the Gen- issue under title II (including regulations on House of Representatives or of the Senate, eral Counsel shall be a single term of 5 years. the appropriate application of exemptions by concurrent resolution or by joint resolu- (6) REMOVAL.— under the laws made applicable in title II) tion. (A) AUTHORITY.—The General Counsel may are as prescribed in this section. (3) JOINT REFERRAL AND DISCHARGE IN THE be removed from office by the Chair but only (2) RULEMAKING PROCEDURE.—Such regula- SENATE.—The presiding officer of the Senate for— tions of the Board— may refer the notice of issuance of regula- (i) disability that substantially prevents (A) shall be adopted, approved, and issued tions, or any resolution of approval of regu- the General Counsel from carrying out the in accordance with subsection (b); lations, to one committee or jointly to more duties of the General Counsel, (B) shall consist of 3 separate bodies of reg- than one committee. If a committee of the (ii) incompetence, ulations, which shall apply, respectively, Senate acts to report a jointly referred (iii) neglect of duty, to— measure, any other committee of the Senate S 72 CONGRESSIONAL RECORD — SENATE January 4, 1995 must act within 30 calendar days of continu- (2) one-half of the expenses of the Office (2) shall involve meetings with the parties ous session, or be automatically discharged. shall be paid from funds appropriated for al- separately or jointly for the purpose of re- (4) ONE-HOUSE RESOLUTION OR CONCURRENT lowances and expenses of the Senate, solving the dispute between the covered em- RESOLUTION.—In the case of a resolution of upon vouchers approved by the Executive Di- ployee and the employing office. the House of Representatives or the Senate rector. (c) MEDIATION PERIOD.—The mediation pe- or a concurrent resolution referred to in (b) WITNESS FEES AND ALLOWANCES.—Ex- riod shall be 30 days beginning on the date paragraph (1), the matter after the resolving cept for covered employees, witnesses before the request for mediation is received. The clause shall be the following: ‘‘The following a hearing officer or the Board in any pro- mediation period may be extended for addi- regulations issued by the Office of Compli- ceeding under this Act other than rule- tional periods at the joint request of the cov- ance on ll are hereby approved:’’ (the making shall be paid the same fee and mile- ered employee and the employing office. The blank space being appropriately filled in, and age allowances as are paid subpoenaed wit- Office shall notify in writing the covered em- the text of the regulations being set forth). nesses in the courts of the United States. ployee and the employing office when the (5) JOINT RESOLUTION.—In the case of a Covered employees who are summoned, or mediation period has ended. joint resolution referred to in paragraph (1), are assigned by their employer, to testify in (d) INDEPENDENCE OF MEDIATION PROCESS.— the matter after the resolving clause shall be their official capacity or to produce official No individual, who is appointed by the Exec- the following: ‘‘The following regulations is- records in any proceeding under this Act utive Director to mediate, may conduct or sued by the Office of Compliance on ll are shall be entitled to travel expenses under aid in a hearing conducted under section 405 hereby approved and shall have the force and subchapter I and section 5751 of chapter 57 of with respect to the same matter or shall be effect of law:’’ (the blank space being appro- title 5, United States Code. subject to subpoena or any other compulsory priately filled in, and the text of the regula- TITLE IV—ADMINISTRATIVE AND JUDI- process with respect to the same matter. tions being set forth). CIAL DISPUTE-RESOLUTION PROCE- SEC. 404. ELECTION OF PROCEEDING. (d) ISSUANCE AND EFFECTIVE DATE.— DURES Not later than 90 days after a covered em- (1) PUBLICATION.—After approval of regula- SEC. 401. PROCEDURE FOR CONSIDERATION OF ployee receives notice of the end of the pe- tions under subsection (c), the Board shall ALLEGED VIOLATIONS. riod of mediation, but no sooner than 30 days submit the regulations to the Speaker of the Except as otherwise provided, the proce- after receipt of such notification, such cov- House of Representatives and the President dure for consideration of alleged violations ered employee may either— pro tempore of the Senate for publication in of part A of title II consists of— (1) file a complaint with the Office in ac- the Congressional Record on the first day on (1) counseling as provided in section 402; cordance with section 405, or which both Houses are in session following (2) mediation as provided in section 403; (2) file a civil action in accordance with such transmittal. and section 408 in the United States district (2) DATE OF ISSUANCE.—The date of issu- (3) election, as provided in section 404, of court for the district in which the employee ance of regulations shall be the date on either— is employed or for the District of Columbia. (A) a formal complaint and hearing as pro- which they are published in the Congres- SEC. 405. COMPLAINT AND HEARING. vided in section 405, subject to Board review sional Record. (a) IN GENERAL.—A covered employee may, (3) EFFECTIVE DATE.—Regulations shall be- as provided in section 406, and judicial re- view in the United States Court of Appeals upon the completion of mediation under sec- come effective not less than 60 days after the tion 403, file a complaint with the Office. The regulations are issued, except that the Board for the Federal Circuit as provided in section 407, or respondent to the complaint shall be the em- may provide for an earlier effective date for ploying office— good cause found (within the meaning of sec- (B) a civil action in a district court of the United States as provided in section 408. (1) involved in the violation, or tion 553(d)(3) of title 5, United States Code) (2) in which the violation is alleged to have and published with the regulation. In the case of an employee of the Office of occurred, (e) AMENDMENT OF REGULATIONS.—Regula- the Architect of the Capitol or of the Capitol and about which mediation was conducted. tions may be amended in the same manner Police, the Executive Director, after receiv- (b) DISMISSAL.—A hearing officer may dis- as is described in this section for the adop- ing a request for counseling under section miss any claim that the hearing officer finds tion, approval, and issuance of regulations, 402, may recommend that the employee use to be frivolous or that fails to state a claim except that the Board may, in its discretion, the grievance procedures of the Architect of upon which relief may be granted. dispense with publication of a general notice the Capitol or the Capitol Police for resolu- (c) HEARING OFFICER.— of proposed rulemaking of minor, technical, tion of the employee’s grievance for a spe- cific period of time, which shall not count (1) APPOINTMENT.—Upon the filing of a or urgent amendments that satisfy the cri- complaint, the Executive Director shall ap- teria for dispensing with publication of such against the time available for counseling or mediation. point an independent hearing officer to con- notice pursuant to section 553(b)(B) of title 5, sider the complaint and render a decision. No United States Code. SEC. 402. COUNSELING. (a) IN GENERAL.—To commence a proceed- Member of the House of Representatives, (f) RIGHT TO PETITION FOR RULEMAKING.— Senator, officer of either the House of Rep- Any interested party may petition to the ing, a covered employee alleging a violation of a law made applicable under part A of resentatives or the Senate, head of an em- Board for the issuance, amendment, or re- ploying office, member of the Board, or cov- peal of a regulation. title II shall request counseling by the Of- fice. The Office shall provide the employee ered employee may be appointed to be a (g) CONSULTATION.—The Executive Direc- hearing officer. The Executive Director shall tor, the Deputy Directors, and the Board— with all relevant information with respect to the rights of the employee. A request for select hearing officers on a rotational or ran- (1) shall consult, with regard to the devel- dom basis from the lists developed under opment of regulations, with— counseling shall be made not later than 180 days after the date of the alleged violation. paragraph (2). Nothing in this section shall (A) the Chair of the Administrative Con- prevent the appointment of hearing officers ference of the United States; (b) PERIOD OF COUNSELING.—The period for counseling shall be 30 days unless the em- as full-time employees of the Office or the (B) the Secretary of Labor; selection of hearing officers on the basis of (C) the Federal Labor Relations Authority; ployee and the Office agree to reduce the pe- riod. The period shall begin on the date the specialized expertise needed for particular and matters. (D) the Director of the Office of Personnel request for counseling is received. (c) NOTIFICATION OF END OF COUNSELING PE- (2) LISTS.—The Executive Director shall Management; and RIOD.—The Office shall notify the employee develop master lists, composed of— (2) may consult with any other persons in writing when the counseling period has (A) members of the bar of a State or the with whom consultation, in the opinion of ended. District of Columbia and retired judges of the Board, the Executive Director, or Deputy the United States courts who are experi- Directors, may be helpful. SEC. 403. MEDIATION. (a) INITIATION.—Not later than 15 days enced in adjudicating or arbitrating the SEC. 305. EXPENSES. after the end of the counseling period under kinds of personnel and other matters for (a) AUTHORIZATION OF APPROPRIATIONS.— section 402, but prior to and as a condition of which hearings may be held under this Act, Beginning in fiscal year 1995, and for each making an election under section 404, the and fiscal year thereafter, there are authorized covered employee who alleged a violation of (B) individuals expert in technical matters to be appropriated for the expenses of the Of- a law shall file a request for mediation with relating to accessibility and usability by fice such sums as may be necessary to carry the Office. persons with disabilities or technical mat- out the functions of the Office. Until sums (b) PROCESS.—Mediation under this sec- ters relating to occupational safety and are first appropriated pursuant to the pre- tion— health. ceding sentence, but for a period not exceed- (1) may include the Office, the covered em- In developing lists, the Executive Director ing 12 months following the date of the en- ployee, the employing office, and one or shall consider candidates recommended by actment of this Act— more individuals appointed by the Executive the Federal Mediation and Conciliation (1) one-half of the expenses of the Office Director after considering recommendations Service or the Administrative Conference of shall be paid from funds appropriated for al- by organizations composed primarily of indi- the United States. lowances and expenses of the House of Rep- viduals experienced in adjudicating or arbi- (d) HEARING.—Unless a complaint is dis- resentatives, and trating personnel matters, and missed before a hearing, a hearing shall be— January 4, 1995 CONGRESSIONAL RECORD — SENATE S 73

(1) conducted in closed session on the (b) PARTIES’ OPPORTUNITY TO SUBMIT AR- spondent under paragraph (1) may intervene record by the hearing officer; GUMENT.—The parties to the hearing upon as of right. (2) commenced no later than 60 days after which the decision of the hearing officer was (c) LAW APPLICABLE.—Chapter 158 of title filing of the complaint under subsection (b), made shall have a reasonable opportunity to 28, United States Code, shall apply to judi- except that the Office may, for good cause, be heard, through written submission and, in cial review under paragraph (1) of subsection extend up to an additional 30 days the time the discretion of the Board, through oral ar- (a), except that— for commencing a hearing; and gument. (1) with respect to section 2344 of title 28, (3) conducted, except as specifically pro- (c) STANDARD OF REVIEW.—The Board shall United States Code, service of a petition in vided in this Act and to the greatest extent set aside a decision of a hearing officer if the any proceeding in which the Office is a re- practicable, in accordance with the prin- Board determines that the decision was— spondent shall be on the General Counsel ciples and procedures set forth in sections (1) arbitrary, capricious, an abuse of dis- rather than on the Attorney General; 554 through 557 of title 5, United States Code. cretion, or otherwise not consistent with (2) the provisions of section 2348 of title 28, (e) DISCOVERY.—Reasonable prehearing dis- law; United States Code, on the authority of the covery may be permitted at the discretion of (2) not made consistent with required pro- Attorney General, shall not apply; the hearing officer. cedures; or (3) the petition for review shall be filed not (f) SUBPOENAS.— (3) unsupported by substantial evidence. later than 90 days after the entry in the Of- (1) IN GENERAL.—At the request of a party, (d) RECORD.—In making determinations fice of a final decision under section 406(e); a hearing officer may issue subpoenas for the under subsection (c), the Board shall review and attendance of witnesses and for the produc- the whole record, or those parts of it cited by (4) the Office shall be an ‘‘agency’’ as that tion of correspondence, books, papers, docu- a party, and due account shall be taken of term is used in chapter 158 of title 28, United the rule of prejudicial error. ments, and other records. The attendance of States Code. (e) DECISION.—The Board shall issue a writ- witnesses and the production of records may (d) STANDARD OF REVIEW.—To the extent ten decision setting forth the reasons for its be required from any place within the United necessary for decision in a proceeding com- decision. The decision may affirm, reverse, States. Subpoenas shall be served in the menced under subsection (a)(1) and when pre- or remand to the hearing officer for further manner provided under rule 45(b) of the Fed- sented, the court shall decide all relevant proceedings. A decision that does not require eral Rules of Civil Procedure. questions of law and interpret constitutional further proceedings before a hearing officer (2) OBJECTIONS.—If a person refuses, on the and statutory provisions. The court shall set shall be entered in the records of the Office basis of relevance, privilege, or other objec- aside a final decision of the Board if it is de- as a final decision. tion, to testify in response to a question or termined that the decision was— to produce records in connection with a pro- SEC. 407. JUDICIAL REVIEW OF BOARD DECI- SIONS AND ENFORCEMENT. (1) arbitrary, capricious, an abuse of dis- ceeding before a hearing officer, the hearing cretion, or otherwise not consistent with (a) JURISDICTION.— officer shall rule on the objection. At the re- law; (1) JUDICIAL REVIEW.—The United States quest of the witness or any party, the hear- (2) not made consistent with required pro- ing officer shall (or on the hearing officer’s Court of Appeals for the Federal Circuit shall have jurisdiction over any proceeding cedures; or own initiative, the hearing officer may) refer (3) unsupported by substantial evidence. the ruling to the Board for review. commenced by a petition of— (A) a party aggrieved by a final decision of (e) RECORD.—In making determinations (3) ENFORCEMENT.— the Board under section 406(e) in cases aris- under subsection (d), the court shall review (A) IN GENERAL.—If a person fails to com- the whole record, or those parts of it cited by ply with a subpoena, the Board may author- ing under part A of title II, (B) a charging individual or a respondent a party, and due account shall be taken of ize the General Counsel to apply, in the before the Board who files a petition under the rule of prejudicial error. name of the Office, to an appropriate United section 210(d)(4), States district court for an order requiring SEC. 408. CIVIL ACTION. (C) the General Counsel or a respondent be- that person to appear before the hearing offi- (a) JURISDICTION.—The district courts of fore the Board who files a petition under sec- cer to give testimony or produce records. the United States shall have jurisdiction tion 215(c)(5), or The application may be made within the ju- over any civil action commenced under this (D) the General Counsel or a respondent dicial district where the hearing is con- section by a covered employee who has com- before the Board who files a petition under ducted or where that person is found, resides, pleted counseling under section 402 and me- section 220(c)(3). or transacts business. Any failure to obey a diation under section 403. A civil action may lawful order of the district court issued pur- The court of appeals shall have exclusive ju- be commenced by a covered employee only suant to this section may be held by such risdiction to set aside, suspend (in whole or to seek redress for a violation for which the court to be a civil contempt thereof. in part), to determine the validity of, or oth- employee has completed counseling and me- (B) SERVICE OF PROCESS.—Process in an ac- erwise review the decision of the Board. diation. tion or contempt proceeding pursuant to (2) ENFORCEMENT.—The United States (b) PARTIES.—The defendant shall be the subparagraph (A) may be served in any judi- Court of Appeals for the Federal Circuit employing office alleged to have committed cial district in which the person refusing or shall have jurisdiction over any petition of the violation, or in which the violation is al- failing to comply, or threatening to refuse or the General Counsel, filed in the name of the leged to have occurred. not to comply, resides, transacts business, or Office and at the direction of the Board, to (c) JURY TRIAL.—Any party may demand a may be found, and subpoenas for witnesses enforce a final decision under section 405(g) jury trial where a jury trial would be avail- or 406(e) with respect to a violation of part who are required to attend such proceedings able in an action against a private defendant A, B, C, or D of title II. may run into any other district. under the relevant law made applicable by (b) PROCEDURES.— (g) DECISION.—The hearing officer shall this Act. In any case in which a violation of (1) RESPONDENTS.—(A) In any proceeding issue a written decision as expeditiously as section 201 is alleged, the court shall not in- commenced by a petition filed under sub- possible, but in no case more than 90 days form the jury of the maximum amount of section (a)(1) (A) or (B), or filed by a party after the conclusion of the hearing. The writ- compensatory damages available under sec- other than the General Counsel under sub- ten decision shall be transmitted by the Of- tion 201(b)(1) or 201(b)(3). section (a)(1) (C) or (D), the Office shall be fice to the parties. The decision shall state named respondent and any party before the SEC. 409. JUDICIAL REVIEW OF REGULATIONS. the issues raised in the complaint, describe Board may be named respondent by filing a In any proceeding brought under section the evidence in the record, contain findings notice of election with the court within 30 407 or 408 in which the application of a regu- of fact and conclusions of law, contain a de- days after service of the petition. lation issued under this Act is at issue, the termination of whether a violation has oc- (B) In any proceeding commenced by a pe- court may review the validity of the regula- curred, and order such remedies as are appro- tition filed by the General Counsel under tion in accordance with the provisions of priate pursuant to title II. The decision shall subsection (a)(1) (C) or (D), the prevailing subparagraphs (A) through (D) of section be entered in the records of the Office. If a party in the final decision entered under sec- 706(2) of title 5, United States Code, except decision is not appealed under section 406 to tion 406(e) shall be named respondent, and that with respect to regulations approved by the Board, the decision shall be considered any other party before the Board may be a joint resolution under section 304(c), only the final decision of the Office. named respondent by filing a notice of elec- the provisions of section 706(2)(B) of title 5, (h) PRECEDENTS.—A hearing officer who tion with the court within 30 days after serv- United States Code, shall apply. If the court conducts a hearing under this section shall ice of the petition. determines that the regulation is invalid, be guided by judicial decisions under the (C) In any proceeding commenced by a pe- the court may apply, to the extent necessary laws made applicable by section 102 and by tition filed under subsection (a)(2), the party and appropriate, the most relevant sub- Board decisions under this Act. under section 405 or 406 that the General stantive executive agency regulation pro- SEC. 406. APPEAL TO THE BOARD. Counsel determines has failed to comply mulgated to implement the statutory provi- (a) IN GENERAL.—Any party aggrieved by with a final decision under section 405(g) or sions with respect to which the invalid regu- the decision of a hearing officer under sec- 406(e) shall be named respondent. lation was issued. Except as provided in this tion 405(g) may file a petition for review by (2) INTERVENTION.—Any party that partici- section, the validity of regulations issued the Board not later than 30 days after entry pated in the proceedings before the Board under this Act is not subject to judicial re- of the decision in the records of the Office. under section 406 and that was not made re- view. S 74 CONGRESSIONAL RECORD — SENATE January 4, 1995 SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED. SEC. 416. CONFIDENTIALITY. ployee who is elected by the House of Rep- Except as expressly authorized by sections (a) COUNSELING.—All counseling shall be resentatives or Senate or is appointed by a 407, 408, and 409, the compliance or non- strictly confidential, except that the Office Member of the House of Representatives or compliance with the provisions of this Act and a covered employee may agree to notify by a Senator (in addition an employee de- and any action taken pursuant to this Act the employing office of the allegations. scribed in paragraph (1), (2), or (3)); or shall not be subject to judicial review. (b) MEDIATION.—All mediation shall be (5) an applicant for a position that is to be SEC. 411. EFFECT OF FAILURE TO ISSUE REGULA- strictly confidential. occupied by an individual described in any of TIONS. (c) HEARINGS AND DELIBERATIONS.—Except paragraphs (1) through (4). In any proceeding under section 405, 406, as provided in subsections (d) and (e), the 407, or 408, except a proceeding to enforce hearings and deliberations of hearing officers SEC. 503. NONDISCRIMINATION RULES OF THE section 220 with respect to offices listed and of the Board and of its officers and em- HOUSE AND SENATE. under section 220(d)(2), if the Board has not ployees on complaints, charges, proposed ci- The Select Committee on Ethics of the issued a regulation on a matter for which tations, and other pleadings under this Act Senate and the Committee on Standards of this Act requires a regulation to be issued, shall be confidential. Official Conduct of the House of Representa- the hearing officer, Board, or court, as the (d) RELEASE OF RECORDS FOR JUDICIAL AC- tives retain full power, in accordance with case may be, may apply, to the extent nec- TION.—The records of hearing officers and the authority provided to them by the Sen- essary and appropriate, the most relevant the Board may be made public if required for ate and the House, with respect to the dis- substantive executive agency regulation pro- the purpose of judicial review under section cipline of Members, officers, and employees mulgated to implement the statutory provi- 407. for violating rules of the Senate and the sion at issue in the proceeding. (e) ACCESS BY COMMITTEES OF CONGRESS.— House on nondiscrimination in employment. SEC. 412. EXPEDITED REVIEW OF CERTAIN AP- At the discretion of the Executive Director, SEC. 504. TECHNICAL AND CONFORMING AMEND- PEALS. the Executive Director may provide to the MENTS. (a) IN GENERAL.—An appeal may be taken Committee on Standards of Official Conduct (a) CIVIL RIGHTS REMEDIES.— directly to the Supreme Court of the United of the House of Representatives and the Se- (1) Sections 301 and 302 of the Government States from any interlocutory or final judg- lect Committee on Ethics of the Senate ac- Employee Rights Act of 1991 (2 U.S.C. 1201 ment, decree, or order of a court upon the cess to the records of the hearings and deci- and 1202) are amended to read as follows: constitutionality of any provision of this sions of the hearing officers and the Board, Act. including all written and oral testimony in ‘‘SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT (b) JURISDICTION.—The Supreme Court the possession of the Office. The Executive OF 1991. shall, if it has not previously ruled on the Director shall not provide such access until ‘‘(a) SHORT TITLE.—This title may be cited question, accept jurisdiction over the appeal the Executive Director has consulted with as the ‘Government Employee Rights Act of referred to in paragraph (1), advance the ap- the individual filing the complaint at issue, 1991’. peal on the docket, and expedite the appeal and until a final decision has been entered ‘‘(b) PURPOSE.—The purpose of this title is to the greatest extent possible. under section 405(g) or 406(e). to provide procedures to protect the rights of SEC. 413. PRIVILEGES AND IMMUNITIES. (f) FINAL DECISIONS.—A final decision en- certain government employees, with respect The authorization to bring judicial pro- tered under section 405(g) or 406(e) shall be to their public employment, to be free of dis- ceedings under sections 407 and 408 shall not made public if it is in favor of the complain- crimination on the basis of race, color, reli- constitute a waiver of sovereign immunity ing covered employee, or in favor of the gion, sex, national origin, age, or disability. for any other purpose, or of the privileges of charging party under section 210, or if the ‘‘(c) DEFINITION.—For purposes of this title, any Senator or Member of the House of Rep- decision reverses a decision of a hearing offi- the term ‘violation’ means a practice that resentatives under article I, section 6, clause cer which had been in favor of the covered violates section 302(a) of this title. 1, of the Constitution, or a waiver of any employee or charging party. The Board may power of either the Senate or the House of make public any other decision at its discre- ‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIB- Representatives under the Constitution, in- tion. ITED. ‘‘(a) PRACTICES.—All personnel actions af- cluding under article I, section 5, clause 3, or TITLE V—MISCELLANEOUS PROVISIONS under the rules of either House relating to fecting the Presidential appointees described SEC. 501. EXERCISE OF RULEMAKING POWERS. records and information within its jurisdic- in section 303 or the State employees de- tion. The provisions of sections 102(b)(2) and scribed in section 304 shall be made free from 304(c) are enacted— SEC. 414. SETTLEMENT OF COMPLAINTS. any discrimination based on— (1) as an exercise of the rulemaking power Any settlement entered into by the parties ‘‘(1) race, color, religion, sex, or national of the House of Representatives and the Sen- to a process described in section 210, 215, 220, origin, within the meaning of section 717 of ate, respectively, and as such they shall be or 401 shall be in writing and not become ef- the Civil Rights Act of 1964 (42 U.S.C. 2000e– considered as part of the rules of such House, fective unless it is approved by the Executive 16); respectively, and such rules shall supersede Director. Nothing in this Act shall affect the ‘‘(2) age, within the meaning of section 15 other rules only to the extent that they are power of the Senate and the House of Rep- of the Age Discrimination in Employment inconsistent therewith; and resentatives, respectively, to establish rules Act of 1967 (29 U.S.C. 633a); or (2) with full recognition of the constitu- governing the process by which a settlement ‘‘(3) disability, within the meaning of sec- tional right of either House to change such may be entered into by such House or by any tion 501 of the Rehabilitation Act of 1973 (29 rules (so far as relating to such House) at employing office of such House. U.S.C. 791) and sections 102 through 104 of the any time, in the same manner, and to the SEC. 415. PAYMENTS. Americans with Disabilities Act of 1990 (42 same extent as in the case of any other rule U.S.C. 12112–14). (a) AWARDS AND SETTLEMENTS.—Except as of each House. provided in subsection (c), only funds which ‘‘(b) REMEDIES.—The remedies referred to SEC. 502. POLITICAL AFFILIATION AND PLACE OF in sections 303(a)(1) and 304(a)— are appropriated to an account of the Office RESIDENCE. in the Treasury of the United States for the ‘‘(1) may include, in the case of a deter- (a) IN GENERAL.—It shall not be a violation payment of awards and settlements may be mination that a violation of subsection (a)(1) of any provision of section 201 to consider used for the payment of awards and settle- or (a)(3) has occurred, such remedies as the— ments under this Act. There are authorized would be appropriate if awarded under sec- (1) party affiliation; to be appropriated for such account such tions 706(g), 706(k), and 717(d) of the Civil (2) domicile; or sums as may be necessary to pay such Rights Act of 1964 (42 U.S.C. 2000e–5(g), 2000e– (3) political compatibility with the em- awards and settlements. Funds in the ac- 5(k), 2000e–16(d)), and such compensatory count are not available for awards and set- ploying office; damages as would be appropriate if awarded tlements involving the General Accounting of an employee referred to in subsection (b) under section 1977 or sections 1977A(a) and Office, the Government Printing Office, or with respect to employment decisions. 1977A(b)(2) of the Revised Statutes (42 U.S.C. the Library of Congress. (b) DEFINITION.—For purposes of subsection 1981 and 1981a(a) and (b)(2)); (b) COMPLIANCE.—Except as provided in (a), the term ‘‘employee’’ means— ‘‘(2) may include, in the case of a deter- subsection (c), there are authorized to be ap- (1) an employee on the staff of the leader- mination that a violation of subsection (a)(2) propriated such sums as may be necessary ship of the House of Representatives or the has occurred, such remedies as would be ap- for administrative, personnel, and similar leadership of the Senate; propriate if awarded under section 15(c) of expenses of employing offices which are (2) an employee on the staff of a committee the Age Discrimination in Employment Act needed to comply with this Act. or subcommittee of— of 1967 (29 U.S.C. 633a(c)); and (c) OSHA, ACCOMMODATION, AND ACCESS RE- (A) the House of Representatives; ‘‘(3) may not include punitive damages.’’. QUIREMENTS.—Funds to correct violations of (B) the Senate; or (2) Sections 303 through 319, and sections section 201(a)(3), 210, or 215 of this Act may (C) a joint committee of the Congress; 322, 324, and 325 of the Government Employee be paid only from funds appropriated to the (3) an employee on the staff of a Member of Rights Act of 1991 (2 U.S.C. 1203–1218, 1221, employing office or entity responsible for the House of Representatives or on the staff 1223, and 1224) are repealed, except as pro- correcting such violations. There are author- of a Senator; vided in section 506 of this Act. ized to be appropriated such sums as may be (4) an officer of the House of Representa- (3) Sections 320 and 321 of the Government necessary for such funds. tives or the Senate or a congressional em- Employee Rights Act of 1991 (2 U.S.C. 1219 January 4, 1995 CONGRESSIONAL RECORD — SENATE S 75 and 1220) are redesignated as sections 303 and visions of that Act and Rule shall remain in than employment under section 509 of the 304, respectively. effect with respect to, and provide the exclu- Americans with Disabilities Act (42 U.S.C. (4) Sections 303 and 304 of the Government sive procedures for, those claims until the 12209), the rights, protections, remedies, and Employee Rights Act of 1991, as so redesig- completion of all such procedures. procedures of section 509 of such Act shall re- nated, are each amended by striking ‘‘and (2) CLAIMS ARISING BETWEEN EFFECTIVE main in effect until section 210 of this Act 307(h) of this title’’. DATE AND OPENING OF OFFICE.—If a claim by takes effect with respect to each of the enti- (5) Section 1205 of the Supplemental Appro- an employee of the Senate or House of Rep- ties covered by section 509 of such Act. priations Act of 1993 (2 U.S.C. 1207a) is re- resentatives arises under section 201 or 202 SEC. 507. SEVERABILITY. pealed, except as provided in section 506 of after the effective date of such sections, but If any provision of this Act or the applica- this Act. before the opening of the Office for receipt of tion of such provision to any person or cir- (b) FAMILY AND MEDICAL LEAVE ACT OF requests for counseling or mediation under cumstance is held to be invalid, the remain- 1993.—Title V of the Family and Medical sections 402 and 403, the provisions of the der of this Act and the application of the Leave Act of 1993 (2 U.S.C. 60m et seq.) is re- Government Employees Rights Act of 1991 (2 provisions of the remainder to any person or U.S.C. 1201 et seq.) and Rule LI of the House pealed, except as provided in section 506 of circumstance shall not be affected thereby. this Act. of Representatives relating to counseling and mediation shall remain in effect, and the (c) ARCHITECT OF THE CAPITOL.— By Mr. DOLE (for himself, Mr. (1) REPEAL.—Section 312(e) of the Architect employee may complete under that Act or HATCH, Mr. THURMOND, Mr. of the Capitol Human Resources Act (Public Rule the requirements for counseling and Law 103–283; 108 Stat. 1444) is repealed, ex- mediation under sections 402 and 403. If, after SIMPSON, Mr. GRAMM, Mr. cept as provided in section 506 of this Act. counseling and mediation is completed, the SANTORUM, Mr. ABRAHAM, Mr. (2) APPLICATION OF GENERAL ACCOUNTING Office has not yet opened for the filing of a DEWINE, and Mr. KYL): OFFICE PERSONNEL ACT OF 1980.—The provi- timely complaint under section 405, the em- S. 3. A bill to control crime, and for sions of sections 751, 753, and 755 of title 31, ployee may elect— other purposes; to the Committee on United States Code, amended by section (A) to file a complaint under section 307 of the Judiciary. 312(e) of the Architect of the Capitol Human the Government Employees Rights Act of Resources Act, shall be applied and adminis- 1991 (2 U.S.C. 1207) or Rule LI of the House of THE VIOLENT CRIME CONTROL AND LAW tered as if such section 312(e) (and the Representatives, and thereafter proceed ex- ENFORCEMENT IMPROVEMENT ACT OF 1995 amendments made by such section) had not clusively under that Act or Rule, the provi- Mr. DOLE. Mr. President, one of the been enacted. sions of which shall remain in effect until most heated debates last Congress cen- the completion of all proceedings in relation SEC. 505. JUDICIAL BRANCH COVERAGE STUDY. tered around the so-called crime bill. to the complaint, or The Judicial Conference of the United While our colleagues on the other side (B) to commence a civil action under sec- States shall prepare a report for submission tion 408. of the aisle ultimately succeeded in by the Chief Justice of the United States to (3) SECTION 1205 OF THE SUPPLEMENTAL AP- passing the bill, Republicans argued the Congress on the application to the judi- PROPRIATIONS ACT OF 1993.—With respect to then—and continue to maintain—that cial branch of the Federal Government of— payments of awards and settlements relating the bill spent far too much on social (1) the Fair Labor Standards Act of 1938 (29 to Senate employees under paragraph (1) of U.S.C. 201 et seq.); programs of unproven worth, while this subsection, section 1205 of the Supple- (2) title VII of the Civil Rights Act of 1964 failing to adopt some of the tough mental Appropriations Act of 1993 (2 U.S.C. (42 U.S.C. 2000e et seq.); measures proposed to combat violent 1207a) remains in effect. (3) the Americans with Disabilities Act of crime. (b) TRANSITION PROVISIONS FOR EMPLOYEES 1990 (42 U.S.C. 12101 et seq.); To a large degree, S. 3 attempts to OF THE ARCHITECT OF THE CAPITOL.—– (4) the Age Discrimination in Employment (1) CLAIMS ARISING BEFORE EFFECTIVE correct some of the obvious flaws and Act of 1967 (29 U.S.C. 621 et seq.); DATE.—If, as of the date on which section 201 excesses of last year’s crime bill. It (5) the Family and Medical Leave Act of takes effect, an employee of the Architect of also stakes out some critical new 1993 (29 U.S.C. 2611 et seq.); the Capitol has or could have filed a charge (6) the Occupational Safety and Health Act ground, particularly in the area of or complaint regarding an alleged violation of 1970 (29 U.S.C. 651 et seq.); criminal procedure. More importantly, of section 312(e)(2) of the Architect of the (7) chapter 71 (relating to Federal service S. 3 is premised on the principle that Capitol Human Resources Act (Public Law labor-management relations) of title 5, Unit- criminals are not the victims of soci- 103–283), the employee may complete, or ini- ed States Code; tiate and complete, all procedures under sec- ety, as some may claim, but rather (8) the Employee Polygraph Protection Act tion 312(e) of that Act, the provisions of that society itself is the victim of of 1988 (29 U.S.C. 2001 et seq.); which shall remain in effect with respect to, criminals and the violence they perpet- (9) the Worker Adjustment and Retraining and provide the exclusive procedures for, uate. In addition, S. 3 recognizes that Notification Act (29 U.S.C. 2101 et seq.); that claim until the completion of all such (10) the Rehabilitation Act of 1973 (29 the States and localities, not the Fed- procedures. U.S.C. 701 et seq.); and eral Government, are on the front lines (2) CLAIMS ARISING BETWEEN EFFECTIVE (11) chapter 43 (relating to veterans’ em- in the war against crime and are best DATE AND OPENING OF OFFICE.—If a claim by ployment and reemployment) of title 38, equipped to devise effective anticrime an employee of the Architect of the Capitol United States Code. arises under section 201 or 202 after the effec- strategies. When it comes to fighting The report shall be submitted to Congress tive date of those provisions, but before the crime, the role of the Federal Govern- not later than December 31, 1996, and shall opening of the Office for receipt of requests ment should be to assist the States and include any recommendations the Judicial for counseling or mediation under sections localities in their own crime-fighting Conference may have for legislation to pro- 402 and 403, the employee may satisfy the re- efforts, rather than impose unneces- vide to employees of the judicial branch the quirements for counseling and mediation by sary regulations and ‘‘one-size-fits-all’’ rights, protections, and procedures under the exhausting the requirements prescribed by listed laws, including administrative and ju- requirements that often do more harm the Architect of the Capitol in accordance than good. dicial relief, that are comparable to those with section 312(e)(3) of the Architect of the available to employees of the legislative Capitol Human Resources Act (Public Law REVISITING LAST YEAR’S CRIME BILL branch under titles I through IV of this Act. 103–283). If, after exhaustion of those require- For starters, S. 3 incorporates the 10 SEC. 506. SAVINGS PROVISIONS. ments the Office has not yet opened for the amendments that Senate Republicans (a) TRANSITION PROVISIONS FOR EMPLOYEES filing of a timely complaint under section unsuccessfully sought to offer during OF THE HOUSE OF REPRESENTATIVES AND OF 405, the employee may elect— last year’s crime-bill debate. These THE SENATE.— (A) to file a charge with the General Ac- amendments include: (1) Mandatory (1) CLAIMS ARISING BEFORE EFFECTIVE counting Office Personnel Appeals Board DATE.—If, as of the date on which section 201 pursuant to section 312(e)(3) of the Architect minimum penalties for those who use a takes effect, an employee of the Senate or of the Capitol Human Resources Act (Public gun in the commission of a crime, sell the House of Representatives has or could Law 103–283), and thereafter proceed exclu- illegal drugs to minors, or employ mi- have requested counseling under section 305 sively under section 312(e) of that Act, the nors to sell drugs; (2) repeal of more of the Government Employees Rights Act of provisions of which shall remain in effect than $5 billion in wasteful social spend- 1991 (2 U.S.C. 1205) or Rule LI of the House of until the completion of all proceedings in re- ing that was included in last year’s Representatives, including counseling for al- lation to the charge, or crime bill, including spending on the leged violations of family and medical leave (B) to commence a civil action under sec- Local Partnership Act, the model cities rights under title V of the Family and Medi- tion 408. cal Leave Act of 1993, the employee may (c) TRANSITION PROVISION RELATING TO intensive grants, and the so-called drug complete, or initiate and complete, all proce- MATTERS OTHER THAN EMPLOYMENT UNDER courts; and (3) a provision requiring dures under the Government Employees SECTION 509 OF THE AMERICANS WITH DISABIL- restitution for the victims of Federal Rights Act of 1991 and Rule LI, and the pro- ITIES ACT.—With respect to matters other crimes. S. 3 also increases funding for S 76 CONGRESSIONAL RECORD — SENATE January 4, 1995 new prison construction and operation acting within the scope of his employ- Sec. 407. Increased mandatory minimum by nearly $1 billion over the funding ment. sentences for criminals using levels contained in last year’s crime The bottom line is that probative firearms. bill. evidence, particularly in a criminal Sec. 408. Penalties for arson. Sec. 409. Interstate travel or use of mails or MORE POLICE AND MORE FLEXIBILITY trial, should not be excluded because a a facility in interstate com- One of the most over-hyped proposals police officer made a mistake. We merce to further kidnapping. should discipline the police officer and in the crime bill was the $8.8 billion TITLE V—FEDERAL CRIMINAL community-policing program. Al- his supervising authority, not punish PROCEDURE REFORM though the Clinton administration the crime victim by excluding pro- Sec. 501. Obstruction of justice. bative evidence. claimed that the proposal would result Sec. 502. Conduct of Federal prosecutors. in 100,000 new police hires over the next And finally, S. 3 creates an obstruc- Sec. 503. Fairness in jury selection. 6 years, most criminal-justice experts tion of justice offense for attorneys Sec. 504. Balance in the composition of rules predict that the proposal will fully who knowingly file false statements in committees. fund only a portion of that figure, per- criminal proceedings. Sec. 505. Reimbursement of reasonable at- haps as few as 20,000 new cops. CONCLUSION torneys’ fees. Recognizing that the Federal Govern- Mr. President, when it comes to solv- Sec. 506. Mandatory restitution to victims ment does not have all the crime-fight- ing the crime epidemic in this country, of violent crimes. ing answers, S. 3 repackages the com- Republicans don’t have all the an- Sec. 507. Admissibility of certain evidence. munity-policing proposal into a single swers—not by a long shot. But, in our Sec. 508. General habeas corpus reform. Sec. 509. Technical amendment. block grant program. Under the block view, S. 3 provides the framework for grant program, States and localities Sec. 510. Death penalty litigation proce- the type of tough anticrime legislation dures. will have the option of using the funds the American people deserve. TITLE VI—PREVENTION OF TERRORISM for a variety of purposes, including the Finally, I want to thank my distin- hiring of new police officers, training guished colleague from Utah, Senator Sec. 601. Willful violation of Federal Avia- existing officers, paying overtime, up- tion Administration regula- HATCH, for his leadership in crafting tions. grading equipment, or investing in new this important legislation. During his crime-fighting technologies. Unlike the Sec. 602. Assaults, murders, and threats tenure in the Senate, Senator HATCH against former Federal officials community-policing program in last has always been a relentless advocate in performance of official du- year’s crime bill, S. 3 imposes no for a no-nonsense approach to solving ties. matching requirement or per-officer the violent crime problem. I look for- Sec. 603. Wiretap authority for alien smug- spending cap. This should give States ward to his service as chairman of the gling and related offenses and and localities some much-needed flexi- Senate Judiciary Committee. inclusion of alien smuggling as bility in determining how best to uti- Mr. President, I ask unanimous con- a RICO predicate. lize these important crime-fighting re- Sec. 604. Authorization for interceptions of sent that the text of the bill and addi- communications in certain ter- sources. tional materials be printed in the At the same time, S. 3 beefs up fund- rorism-related offenses. RECORD. Sec. 605. Participation of foreign and State ing for some of our Federal law en- There being no objection, the mate- government personnel in inter- forcement agencies, including the FBI rial was ordered to be printed in the ceptions of communications. and the Drug Enforcement Administra- RECORD, as follows: Sec. 606. Disclosure of intercepted commu- tion. This will help ensure that these S. 3 nications to foreign law en- agencies will be able to carry out their forcement agencies. Be it enacted by the Senate and House of Rep- Sec. 607. Alien terrorist removal. important missions. resentatives of the United States of America in Sec. 608. Territorial sea. PROCEDURAL REFORMS Congress assembled, S. 3 also enacts some long overdue re- Sec. 609. Clarification and extension of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. criminal jurisdiction over cer- forms to the criminal justice system. (a) SHORT TITLE.—This Act may be cited as tain terrorism offenses over- First, it reforms habeas corpus proce- the ‘‘Violent Crime Control and Law En- seas. dures in a way that safeguards the le- forcement Improvement Act of 1995’’. Sec. 610. Federal Aviation Administration gitimate rights of the accused while (b) TABLE OF CONTENTS.—The table of con- reporting responsibility. tents for this Act is as follows: ensuring that lawfully-imposed capital Sec. 611. Information transfer. sentences are not endlessly delayed by Sec. 612. Extradition. frivolous appeals. Most importantly, S. Sec. 1. Short title; table of contents. Sec. 613. Federal Bureau of Investigation re- 3 requires Federal courts to give def- TITLE I—INCARCERATION OF VIOLENT port. CRIMINALS erence to State court decisions on Fed- Sec. 614. Increased penalties for terrorism eral constitutional claims, so long as Sec. 101. Prison grants. crimes. Sec. 102. Repeal. Sec. 615. Criminal offenses committed out- the claims were ‘‘fully and fairly’’ liti- Sec. 103. Civil rights of institutionalized side the United States by per- gated at the State level. Application of persons. sons accompanying the armed this principle will go a long way to- Sec. 104. Report on prison work progress. forces. Sec. 105. Drug treatment for prisoners. wards streamlining the criminal ap- TITLE VII—MISCELLANEOUS AND peals process, thereby making punish- TITLE II—STATE AND LOCAL LAW TECHNICAL PROVISIONS ENFORCEMENT ASSISTANCE ment swifter and more certain and en- Subtitle A—Elimination of Certain Sec. 201. Block grant program. hancing the confidence of the Amer- Programs TITLE III—FEDERAL EMERGENCY LAW ican people in our system of criminal Sec. 701. Elimination of certain programs. justice. ENFORCEMENT ASSISTANCE ACT Sec. 301. Federal judiciary and Federal law Subtitle B—Amendments Relating to California Attorney General Dan Violent Crime Control Lungren, as well as the National Asso- enforcement. Sec. 302. Drug Enforcement Administration. Sec. 711. Violent crime and drug emergency ciation of State Attorneys General, areas repeal. played a prominent role in the drafting TITLE IV—CRIMINAL PENALTIES Sec. 401. Serious juvenile drug offenses as Sec. 712. Expansion of 18 U.S.C. 1959 to cover of the habeas corpus reform provisions commission of all violent of S. 3. Their input was invaluable. armed career criminal act predicates. crimes in aid of racketeering Second, S. 3 abolishes the exclusion- Sec. 402. Prosecution of juveniles as adults. activity and increased pen- ary rule as it pertains to the fourth Sec. 403. Availability of fines and supervised alties. amendment and establishes a tort rem- release for juvenile offenders. Sec. 713. Authority to investigate serial edy for those whose fourth amendment Sec. 404. Amendments concerning juvenile killings. rights have been violated by an unrea- records. Sec. 714. Firearms and explosives conspir- acy.acquire arms. sonable search and seizure. Under the Sec. 405. Mandatory minimum prison sen- tences for persons who use mi- Sec. 715. Increased penalties for violence in tort remedy, the United States will be nors in drug trafficking activi- the course of riot offenses. liable for damages resulting from an ties or sell drugs to minors. Sec. 716. Pretrial detention for possession of unlawful search and seizure conducted Sec. 406. Mandatory minimum sentencing firearms or explosives by con- by a law enforcement officer who was reform. victed felons. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 77 Sec. 717. Elimination of unjustified scienter Sec. 764. Severability. fies the construction, development, expan- element for carjacking. TITLE I—INCARCERATION OF VIOLENT sion, modification, operation, or improve- Sec. 718. Theft of vessels. CRIMINALS ment of correctional facilities. Sec. 719. Clarification of agreement require- SEC. 101. PRISON GRANTS. ment for RICO conspiracy. ‘‘SEC. 20102. TRUTH IN SENTENCING INCENTIVE Subtitle A of title II of the Violent Crime Sec. 720. Addition of attempt coverage for GRANTS. Control and Law Enforcement Act of 1994 interstate domestic violence of- ‘‘(a) TRUTH IN SENTENCING GRANT PRO- and the amendments made thereby are fense. GRAM.—Fifty percent of the total amount of amended to read as follows: Sec. 721. Addition of foreign murder as a funds appropriated to carry out this subtitle money laundering predicate. ‘‘Subtitle A—Violent Offender Incarceration for each of fiscal years 1996, 1997, 1998, 1999, Sec. 722. Assaults or other crimes of vio- and Truth in Sentencing Incentive Grants and 2000 shall be made available for truth in lence for hire. ‘‘SEC. 20101. GRANTS FOR CORRECTIONAL FA- sentencing incentive grants. To be eligible to Sec. 723. Threatening to use a weapon of CILITIES. receive such a grant, a State must meet the mass destruction. ‘‘(a) GRANT AUTHORIZATION.—The Attorney requirements of section 20101(b) and shall Sec. 724. Technical amendments. General may make grants to individual demonstrate that the State— Subtitle C—Amendments Relating to Courts States and to States organized as multi- ‘‘(1) has in effect laws that require that and Sentencing State compacts to construct, develop, ex- persons convicted of violent crimes serve not pand, modify, operate, or improve conven- less than 85 percent of the sentence imposed; Sec. 731. Allowing a reduction of sentence tional correctional facilities, including pris- ‘‘(2) since 1993— for providing useful investiga- ons and jails, for the confinement of violent tive information although not ‘‘(A) has increased the percentage of con- offenders, to ensure that prison cell space is victed violent offenders sentenced to prison; regarding a particular individ- available for the confinement of violent of- ual. ‘‘(B) has increased the average prison time fenders and to implement truth in sentenc- that will be served in prison by convicted Sec. 732. Appeals from certain dismissals. ing laws for sentencing violent offenders. Sec. 733. Elimination of outmoded certifi- violent offenders sentenced to prison; and ‘‘(b) ELIGIBILITY.—To be eligible to receive cation requirement from the ‘‘(C) has in effect at the time of application a grant under this subtitle, a State or States laws requiring that a person who is con- government appeal statute. organized as multi-State compacts shall sub- Sec. 734. Clarification of meaning of official victed of a violent crime shall serve not less mit an application to the Attorney General than 85 percent of the sentence imposed if— detention for purposes of credit that includes— for prior custody. ‘‘(i) the person has been convicted on 1 or ‘‘(1)(A) except as provided in subparagraph more prior occasions in a court of the United Sec. 735. Limitation on reduction of sen- (B), assurances that the State or States, States or of a State of a violent crime or a tence for substantial assistance have implemented, or will implement, cor- serious drug offense; and of defendant. rectional policies and programs, including ‘‘(ii) each violent crime or serious drug of- Sec. 736. Improvement of hate crimes sen- truth in sentencing laws that ensure that fense was committed after the defendant’s tencing procedure. violent offenders serve a substantial portion conviction of the preceding violent crime or Sec. 737. Clarification of length of super- of the sentences imposed, that are designed serious drug offense; or vised release terms in con- to provide sufficiently severe punishment for ‘‘(3) in the case of a State that on the date trolled substance cases. violent offenders, including violent juvenile of enactment of the Violent Crime Control Sec. 738. Authority of court to impose a sen- offenders, and that the prison time served is and Law Enforcement Improvement Act of tence of probation or supervised appropriately related to the determination release when reducing a sen- that the inmate is a violent offender and for 1995 practices indeterminant sentencing, a tence of imprisonment in cer- a period of time deemed necessary to protect demonstration that average times served for tain cases. the public; the offenses of murder, rape, robbery, and as- Sec. 739. Extension of parole commission to ‘‘(B) in the case of a State that on the date sault in the State exceed by at least 10 per- deal with ‘‘old law’’ prisoners. of enactment of the Violent Crime Control cent the national average of time served for Sec. 740. Conforming amendments relating and Law Enforcement Improvement Act of such offenses in all of the States. to supervised release. 1995 practices indeterminant sentencing, a ‘‘(b) ALLOCATION OF TRUTH IN SENTENCING Sec. 741. Repeal of outmoded provisions bar- demonstration that average times served for INCENTIVE FUNDS.—The amount available to ring Federal prosecution of cer- the offenses of murder, rape, robbery, and as- carry out this section for any fiscal year tain offenses. sault in the State exceed by at least 10 per- shall be allocated to each eligible State in Subtitle D—Miscellaneous Amendments cent the national average of time served for the ratio that the number of part 1 violent crimes reported by such State to the Federal Sec. 751. Conforming addition to obstruction such offenses in all of the States; Bureau of Investigation for the previous year of civil investigative demand ‘‘(2) assurances that the State or States bears to the number of part 1 violent crimes statute. have implemented policies that provide for reported by all States to the Federal Bureau Sec. 752. Addition of attempted theft and the recognition of the rights and needs of of Investigation for the previous year. counterfeiting offenses to crime victims; eliminate gaps and inconsist- ‘‘(3) assurances that funds received under ‘‘SEC. 20103. VIOLENT OFFENDER INCARCER- encies in coverage. this section will be used to construct, de- ATION GRANTS. Sec. 753. Clarification of scienter require- velop, expand, modify, operate, or improve ‘‘(a) VIOLENT OFFENDER INCARCERATION ment for receiving property conventional correctional facilities; GRANT PROGRAM.—Fifty percent of the total stolen from an Indian tribal or- ‘‘(4) assurances that the State or States amount of funds appropriated to carry out ganization. have involved counties and other units of this subtitle for each of fiscal years 1996, Sec. 754. Larceny involving post office boxes local government, when appropriate, in the 1997, 1998, 1999, and 2000 shall be made avail- and postal stamp vending ma- construction, development, expansion, modi- able for violent offender incarceration chines. fication, operation, or improvement of cor- grants. To be eligible to receive such a grant, Sec. 755. Conforming amendment to law rectional facilities designed to ensure the in- a State or States must meet the require- punishing obstruction of justice carceration of violent offenders, and that the ments of section 20101(b). by notification of existence of a State or States will share funds received ‘‘(b) ALLOCATION OF VIOLENT OFFENDER IN- subpoena for records in certain under this section with counties and other CARCERATION FUNDS.—Funds made available types of investigations. units of local government, taking into ac- to carry out this section shall be allocated as Sec. 756. Closing loophole in offense of alter- count the burden placed on the units of local follows: ing or removing motor vehicle government when they are required to con- ‘‘(1) 0.6 percent shall be allocated to each identification numbers. fine sentenced prisoners because of over- eligible State, except that the United States Sec. 757. Application of various offenses to crowding in State prison facilities; Virgin Islands, American Samoa, Guam, and possessions and territories. ‘‘(5) assurances that funds received under the Northern Mariana Islands each shall be Sec. 758. Adjusting and making uniform the this section will be used to supplement, not allocated 0.05 percent. dollar amounts used in title 18 supplant, other Federal, State, and local ‘‘(2) The amount remaining after applica- to distinguish between grades funds; tion of paragraph (1) shall be allocated to of offenses. ‘‘(6) assurances that the State or States each eligible State in the ratio that the Sec. 759. Conforming amendment concerning have implemented, or will implement not number of part 1 violent crimes reported by marijuana plants. later than 18 months after the date of enact- such State to the Federal Bureau of Inves- Sec. 760. Access to certain records. ment of the Violent Crime Control and Law tigation for the previous year bears to the Sec. 761. Clarification of inapplicability of 18 Enforcement Improvement Act of 1995, poli- number of part 1 violent crimes reported by U.S.C. 2515 to certain disclo- cies to determine the veteran status of in- all States to the Federal Bureau of Inves- sures. mates and to ensure that incarcerated veter- tigation for the previous year. Sec. 762. Clarifying or conforming amend- ans receive the veterans benefits to which ments arising from the enact- they are entitled; and ‘‘SEC. 20104. RULES AND REGULATIONS. ment of Public Law 103–322. ‘‘(7) if applicable, documentation of the ‘‘(a) IN GENERAL.—Not later than 90 days Sec. 763. Technical amendments multi-State compact agreement that speci- after the date of enactment of the Violent S 78 CONGRESSIONAL RECORD — SENATE January 4, 1995

Crime Control and Law Enforcement Im- (e) REVIEW AND CERTIFICATION PROCEDURE (iii) the degree to which opportunities for provement Act of 1995, the Attorney General CHANGES.—Section 7(c) of the Civil Rights of partnership between Federal Prison Indus- shall issue rules and regulations regarding Institutionalized Persons Act (42 U.S.C. tries and small business can be fostered. the uses of grant funds received under this 1997e(c)) is amended— SEC. 105. DRUG TREATMENT FOR PRISONERS. subtitle. (1) in paragraph (1), by inserting ‘‘or are Section 3621(e) of title 18, United States ‘‘(b) BEST AVAILABLE DATA.—If data re- otherwise fair and effective’’ before the pe- Code (as added by section 32001 of the Violent garding part 1 violent crimes in any State riod at the end; and Crime Control and Law Enforcement Act of for the previous year is unavailable or sub- (2) in paragraph (2), by inserting ‘‘or is no 1994) is amended— stantially inaccurate, the Attorney General longer fair and effective’’ before the period (1) by striking paragraph (2); shall utilize the best available comparable at the end. (2) by redesignating paragraphs (3), (4), (5), (f) PROCEEDINGS IN FORMA PAUPERIS.— data regarding the number of violent crimes and (6) as paragraphs (2), (3), (4), and (5), re- (1) DISMISSAL.—Section 1915(d) of title 28, for the previous year for the State for the spectively; and United States Code, is amended— purposes of allocation of funds under this (3) in paragraph (2), as redesignated by (A) by inserting ‘‘at any time’’ after subtitle. paragraph (2)— ‘‘counsel and may’’; ‘‘SEC. 20105. DEFINITIONS. (A) by striking ‘‘and’’ at the end of sub- (B) by striking ‘‘and may’’ and inserting ‘‘In this subtitle— paragraph (B); ‘‘and shall’’; ‘‘(1) the term ‘part 1 violent crimes’ means (B) by striking the period at the end of (C) by inserting ‘‘fails to state a claim murder and non-negligent manslaughter, subparagraph (C) and inserting ‘‘; and’’; and upon which relief may be granted or’’ after forcible rape, robbery, and aggravated as- ‘‘that the action’’; and (C) by adding at the end the following new sault as reported to the Federal Bureau of (D) by inserting ‘‘, even if partial filing subparagraph: Investigation for purposes of the Uniform fees have been imposed by the court’’ before ‘‘(D) a full examination and evaluation of Crime Reports; the period. the effectiveness of the treatment in reduc- ‘‘(2) the term ‘State’ or ‘States’ means a ing drug use among prisoners.’’. (2) PRISONER’S STATEMENT OF ASSETS.—Sec- State, the District of Columbia, the Com- tion 1915 of title 28, United States Code, is TITLE II—STATE AND LOCAL LAW monwealth of Puerto Rico, the United States amended by adding at the end the following: ENFORCEMENT ASSISTANCE Virgin Islands, American Samoa, Guam, and ‘‘(f) If a prisoner in a correctional institu- the Northern Mariana Islands; and SEC. 201. BLOCK GRANT PROGRAM. tion files an affidavit in accordance with Title I of the Violent Crime Control and ‘‘(3) the term ‘indeterminate sentencing’ subsection (a), such prisoner shall include in means a system by which the court has dis- Law Enforcement Act of 1994 is amended to the affidavit a statement of all assets the read as follows: cretion in imposing the actual length of the prisoner possesses. The court shall make in- sentence, up to the statutory maximum, and quiry of the correctional institution in ‘‘TITLE I—STATE AND LOCAL LAW an administrative agency, or the court, con- which the prisoner is incarcerated for infor- ENFORCEMENT ASSISTANCE trols release between court-ordered mini- mation available to such institution relating ‘‘SEC. 10001. BLOCK GRANTS TO STATES. mum and maximum sentence. to the extent of the prisoner’s assets. The ‘‘(a) IN GENERAL.—The Attorney General ‘‘SEC. 20106. AUTHORIZATION OF APPROPRIA- court shall require full or partial payment of shall make grants under this title to States TIONS. filing fees according to the prisoner’s ability for use by State and local governments to— ‘‘There are authorized to be appropriated to pay.’’. ‘‘(1) hire, train, and employ on a continu- to carry out this subtitle— SEC. 104. REPORT ON PRISON WORK PROGRESS. ing basis, new law enforcement officers and ‘‘(1) $1,000,000,000 for fiscal year 1996; (a) FINDINGS.—The Senate finds that— necessary support personnel; ‘‘(2) $1,150,000,000 for fiscal year 1997; (1) Federal Prison Industries was created ‘‘(2) pay overtime to currently employed ‘‘(3) $2,100,000,000 for fiscal year 1998; by Congress in 1934 as a wholly owned, non- law enforcement officers and necessary sup- ‘‘(4) $2,200,000,000 for fiscal year 1999; and profit government corporation directed to port personnel; ‘‘(5) $2,270,000,000 for fiscal year 2000.’’. train and employ Federal prisoners; ‘‘(3) procure equipment, technology, and SEC. 102. REPEAL. (2) traditionally, one-half of the Federal other material that is directly related to Subtitle B of title II of the Violent Crime prison inmates had meaningful prison jobs; basic law enforcement functions, such as the and Law Enforcement Act of 1994 is repealed. now, with the increasing prison population, detection or investigation of crime, or the SEC. 103. CIVIL RIGHTS OF INSTITUTIONALIZED less than one-quarter are employed in prison prosecution of criminals; and PERSONS. industry positions; ‘‘(4) establish and operate cooperative pro- (a) REPEAL.—Section 20416 of the Violent (3) expansion of the product lines and serv- grams between community residents and law Crime Control and Law Enforcement Act of ices of Federal Prison Industries beyond its enforcement agencies for the control, detec- 1994, and the amendments made by that sec- traditional lines of business will enable more tion, or investigation of crime, or the pros- tion, are repealed. Federal prison inmates to work, and such ex- ecution of criminals. (b) EXHAUSTION REQUIREMENT.—Section pansion must occur so as to minimize any ‘‘(b) LAW ENFORCEMENT TRUST FUNDS.— 7(a) of the Civil Rights of Institutionalized adverse impact on the private sector and Funds received by a State or unit of local Persons Act (42 U.S.C. 1997e) is amended— labor; and government under this title may be reserved (1) in paragraph (1)— (4) all able-bodied Federal prison inmates in a trust fund established by the State or (A) by striking ‘‘in any action brought’’ should work. unit of local government to fund the future and inserting ‘‘no action shall be brought’’; (b) REPORT.— needs of programs authorized under sub- (B) by striking ‘‘the court shall’’ and all (1) IN GENERAL.—In an effort to achieve the section (a). that follows through ‘‘require exhaustion of’’ goal of full Federal prison inmate employ- ‘‘(c) ALLOCATION AND DISTRIBUTION OF and insert ‘‘until’’; and ment, the Attorney General, in consultation FUNDS.— (C) by inserting ‘‘and exhausted’’ after with the Director of the Bureau of Prisons, ‘‘(1) ALLOCATION.—The amount made avail- ‘‘available’’; and the Secretary of Labor, the Secretary of De- able pursuant to section 10003 shall be allo- (2) in paragraph (2) by inserting ‘‘or are fense, the Administrator of the General cated as follows: otherwise fair and effective’’ before the pe- Services Administration, and the private ‘‘(A) 0.6 percent shall be allocated to each riod at the end. sector and labor, shall submit a report to of the participating States. (c) FRIVOLOUS ACTIONS.—Section 7(a) of the Congress not later than September 1, 1996, ‘‘(B) After the allocation under subpara- Civil Rights of Institutionalized Persons Act that describes a strategy for employing more graph (A), the remainder shall be allocated (42 U.S.C. 1997e(a)) is amended by adding at Federal prison inmates; on the basis of the population of each State the end the following: (2) CONTENTS.—The report shall— as determined by the 1990 decennial census ‘‘(3) The court shall on its own motion or (A) contain a review of existing lines of as adjusted annually, by allocating to each on motion of a party dismiss any action business of Federal Prison Industries; State an amount bearing the same ratio to brought pursuant to section 1979 of the Re- (B) consider the findings and recommenda- the total amount to be allocated under this vised Statutes of the United States by an tions of the final report of the Summit on subparagraph as the population of the State adult convicted of a crime and confined in Federal Prison Industries (June 1992–July bears to the population of all States. any jail, prison, or other correctional facil- 1993); ‘‘(2) DISTRIBUTION TO LOCAL GOVERN- ity if the court is satisfied that the action (C) make recommendations for legislation MENTS.— fails to state a claim upon which relief can and changes in existing law that may be nec- ‘‘(A) IN GENERAL.—A State receiving a be granted or is frivolous or malicious.’’. essary for the Federal Prison Industries to grant under this title shall ensure that not (d) MODIFICATION OF REQUIRED MINIMUM employ more Federal prison inmates; and less than 85 percent of the funds received are STANDARDS.—Section 7(b)(2) of the Civil (D) focus on— distributed to units of local government. Rights of Institutionalized Persons Act (42 (i) the creation of new job opportunities for ‘‘(B) LIMITATION.—Not more than 2.5 per- U.S.C. 1997e(b)(2)) is amended— Federal prison inmates; cent of funds received by a State in any (1) by striking subparagraph (A); and (ii) the degree to which any expansion of grant year shall be used for costs associated (2) by redesignating subparagraphs (B) lines of business of Federal Prison Industries with the administration and distribution of through (E) as subparagraphs (A) through may adversely affect the private sector or grant money. (D), respectively. displace domestic labor; and ‘‘(d) DISBURSEMENT.— January 4, 1995 CONGRESSIONAL RECORD — SENATE S 79

‘‘(1) IN GENERAL.—The Attorney General ‘‘SEC. 10004. LIMITATION ON USE OF FUNDS. ‘‘(6) $125,000,000 for fiscal year 2000.’’. ‘‘Funds made available to States under shall issue regulations establishing proce- SEC. 302. DRUG ENFORCEMENT ADMINISTRA- dures under which a State may receive as- this title shall not be used to supplant State TION. sistance under this title. or local funds, but shall be used to increase Section 180104 of the Violent Crime Control ‘‘(2) GENERAL REQUIREMENTS FOR QUALIFICA- the amount of funds that would, in the ab- and Law Enforcement Act of 1994 is amended TION.—A State qualifies for a payment under sence of Federal funds received under this to read as follows: this title for a payment period only if the title, be made available from State or local State establishes that— sources.’’. ‘‘SEC. 180104. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DRUG ‘‘(A) the State will establish a segregated TITLE III—FEDERAL EMERGENCY LAW ENFORCEMENT ADMINISTRATION. account in which the government will de- ENFORCEMENT ASSISTANCE ACT ‘‘There are authorized to be appropriated posit all payments received under this title; SEC. 301. FEDERAL JUDICIARY AND FEDERAL for the activities of the Drug Enforcement ‘‘(B) the State will expend the payments in LAW ENFORCEMENT. Administration, to help meet the increased accordance with the laws and procedures Title XIX of the Violent Crime Control and demands for Drug Enforcement Administra- that are applicable to the expenditure of rev- Law Enforcement Act of 1994 is amended to tion activities that will result from this enues of the State; read as follows: Act— ‘‘(C) the State will use accounting, audit, ‘‘SEC. 190001. FEDERAL JUDICIARY AND FEDERAL ‘‘(1) $42,000,000 for fiscal year 1996; LAW ENFORCEMENT. and fiscal procedures that conform to guide- ‘‘(2) $55,000,000 for fiscal year 1997; lines that shall be prescribed by the Attor- ‘‘(a) AUTHORIZATION OF ADDITIONAL APPRO- ‘‘(3) $70,000,000 for fiscal year 1998; ney General after consultation with the PRIATIONS FOR THE FEDERAL JUDICIARY.— ‘‘(4) $85,000,000 for fiscal year 1999; and There are authorized to be appropriated for Comptroller General of the United States ‘‘(5) $98,000,000 for fiscal year 2000.’’. and, as applicable, amounts received under the activities of the Federal Judiciary to this title shall be audited in compliance with help meet the increased demands for judicial TITLE IV—CRIMINAL PENALTIES. activities, including supervised release, and the Single Audit Act of 1984; SEC. 401. SERIOUS JUVENILE DRUG OFFENSES AS ‘‘(D) after reasonable notice to a State, the pretrial and probation services, that will re- ARMED CAREER CRIMINAL ACT State will make available to the Attorney sult from this Act— PREDICATES. General and the Comptroller General of the ‘‘(1) $30,000,000 for fiscal year 1996; Section 924(e)(2)(A) of title 18, United United States, with the right to inspect, ‘‘(2) $35,000,000 for fiscal year 1997; States Code, is amended— records that the Attorney General or Comp- ‘‘(3) $40,000,000 for fiscal year 1998; (1) by striking ‘‘or’’ at the end of clause (i); troller General of the United States reason- ‘‘(4) $40,000,000 for fiscal year 1999; and (2) in clause (ii), by striking the semicolon ably requires to review compliance with this ‘‘(5) $55,000,000 for fiscal year 2000. and inserting ‘‘or which, if it had been pros- title; ‘‘(b) AUTHORIZATION OF ADDITIONAL APPRO- ecuted as a violation of the Controlled Sub- ‘‘(E) the State will make such reports as PRIATIONS FOR THE DEPARTMENT OF JUS- stances Act (21 U.S.C. 801 et seq.) at the time the Attorney General reasonably requires, in TICE.—There are authorized to be appro- of the offense, and because of the type and priated for the activities and agencies of the addition to the annual reports required quantity of the controlled substance in- Department of Justice, in addition to sums under this title; and volved, would have been punishable by a authorized elsewhere in this section, to help ‘‘(F) the State will expend the funds only maximum term of imprisonment of ten years meet the increased demands for Department for the purposes set forth in subsection (a). or more; or’’; and of Justice activities that will result from (3) by adding at the end the following new ‘‘(3) SANCTIONS FOR NONCOMPLIANCE.— this Act— clause: ‘‘(A) IN GENERAL.—If the Attorney General ‘‘(1) $40,000,000 for fiscal year 1996; ‘‘(iii) any act of juvenile delinquency that finds that a State has not complied substan- ‘‘(2) $40,000,000 for fiscal year 1997; if committed by an adult would be a serious tially with paragraph (2) or regulations pre- ‘‘(3) $40,000,000 for fiscal year 1998; drug offense described in this paragraph;’’. scribed under such paragraph, the Attorney ‘‘(4) $40,000,000 for fiscal year 1999; and General shall notify the State. The notice ‘‘(5) $39,000,000 for fiscal year 2000. SEC. 402. PROSECUTION OF JUVENILES AS shall provide that if the State does not initi- ‘‘(c) AUTHORIZATION OF ADDITIONAL APPRO- ADULTS. ate corrective action within 30 days after the PRIATIONS FOR THE FEDERAL BUREAU OF IN- (a) SERIOUS JUVENILE OFFENDERS.— date on which the State receives the notice, VESTIGATION.—There are authorized to be ap- (1) REPEAL.—Section 150002 of the Violent the Attorney General will withhold addi- propriated for the activities of the Federal Crime Control and Law Enforcement Act of tional payments to the State for the current Bureau of Investigation, to help meet the in- 1994, and the amendments made by that sec- payment period and later payment periods. creased demands for Federal Bureau of Inves- tion, are repealed. Payments shall be withheld until such time tigation activities that will result from this (2) ADULT PROSECUTION OF SERIOUS JUVE- as the Attorney General determines that the Act— NILE OFFENDERS.—Section 5032 of title 18, State— ‘‘(1) $203,150,000 for fiscal year 1996; United States Code, is amended— ‘‘(i) has taken the appropriate corrective ‘‘(2) $184,500,000 for fiscal year 1997; (A) in the first undesignated paragraph— action; and ‘‘(3) $284,000,000 for fiscal year 1998; (i) by striking ‘‘an offense described in sec- ‘‘(ii) will comply with paragraph (2) and ‘‘(4) $147,500,000 for fiscal year 1999; and tion 401 of the Controlled Substances Act (21 the regulations prescribed under such para- ‘‘(5) $125,850,000 for fiscal year 2000. U.S.C. 841), or section 1002(a), 1003, 1005, 1009, graph. ‘‘(d) AUTHORIZATION OF ADDITIONAL APPRO- or 1010(b) (1), (2), or (3) of the Controlled Sub- ‘‘(B) NOTICE.—Before giving notice under PRIATIONS FOR UNITED STATES ATTORNEYS.— stances Import and Export Act (21 U.S.C. subparagraph (A), the Attorney General There are authorized to be appropriated for 952(a), 953, 955, 959, 960(b) (1), (2), (3)),’’ and in- shall give the chief executive officer of the the account Department of Justice, Legal serting ‘‘an offense (or a conspiracy or at- State reasonable notice and an opportunity Activities, Salaries and Expenses, United tempt to commit an offense) described in for comment. States Attorneys, to help meet the increased section 401, or 404 (insofar as the violation ‘‘(C) PAYMENT CONDITIONS.—The Attorney demands for litigation and related activities involves more than 5 grams of a mixture or General shall make a payment to a State that will result from this Act— substance which contains cocaine base), of under subparagraph (A) only if the Attorney ‘‘(1) $15,000,000 for fiscal year 1996; the Controlled Substances Act (21 U.S.C. 841, General determines that the State— ‘‘(2) $23,000,000 for fiscal year 1997; 844, or 846), section 1002(a), 1003, 1005, 1009, ‘‘(i) has taken the appropriate corrective ‘‘(3) $30,000,000 for fiscal year 1998; 1010(b) (1), (2), or (3), of the Controlled Sub- action; and ‘‘(4) $37,000,000 for fiscal year 1999; and stances Import and Export Act (21 U.S.C. ‘‘(ii) will comply with paragraph (2) and ‘‘(5) $45,000,000 for fiscal year 2000. 952(a), 953, 955, 959, 960(b) (1), (2), or (3), or regulations prescribed under such paragraph. ‘‘(e) AUTHORIZATION OF ADDITIONAL APPRO- 963),’’; and PRIATIONS FOR THE EPARTMENT OF THE ‘‘SEC. 10002. APPLICATIONS. D (ii) by striking ‘‘922(p)’’ and inserting TREASURY.—There are authorized to be ap- ‘‘924(b), (g), or (h)’’; ‘‘(a) The Attorney General shall make propriated for the activities of the Bureau of (B) in the fourth undesignated paragraph— grants under this title only if a State has Alcohol, Tobacco, and Firearms, the United (i) by striking ‘‘an offense described in sec- submitted an application to the Attorney States Custom Service, the Financial Crimes tion 401 of the Controlled Substances Act (21 General in such form, and containing such Enforcement Network, the Federal Law En- U.S.C. 841), or section 1002(a), 1005, or 1009 of information, as is the Attorney General may forcement Training Center, the Criminal In- the Controlled Substances Import and Ex- reasonably require. vestigation Division of the Internal Revenue port Act (21 U.S.C. 952(a), 955, 959)’’ and in- ‘‘SEC. 10003. AUTHORIZATION OF APPROPRIA- Service, and the United States Secret Serv- serting ‘‘an offense (or a conspiracy or at- TIONS. ice to help meet the increased demands for tempt to commit an offense) described in ‘‘There are authorized to be appropriated Department of the Treasury activities that section 401, or 404 (insofar as the violation to carry out this title— will result from this Act— involves more than 5 grams of a mixture or ‘‘(1) $2,050,000,000 for fiscal year 1996; ‘‘(1) $30,000,000 for fiscal year 1995; substance which contains cocaine base), of ‘‘(2) $2,150,000,000 for fiscal year 1997; ‘‘(2) $70,000,000 for fiscal year 1996; the Controlled Substances Act (21 U.S.C. 841, ‘‘(3) $1,900,000,000 for fiscal year 1998; ‘‘(3) $90,000,000 for fiscal year 1997; 844, or 846), section 1002(a), 1005, 1009, 1010(b) ‘‘(4) $1,900,000,000 for fiscal year 1999; and ‘‘(4) $110,000,000 for fiscal year 1998; (1), (2), or (3), of the Controlled Substances ‘‘(5) $468,000,000 for fiscal year 2000. ‘‘(5) $125,000,000 for fiscal year 1999; and Import and Export Act (21 U.S.C. 952(a), 955, S 80 CONGRESSIONAL RECORD — SENATE January 4, 1995

959, 960(b) (1), (2), or (3), or 963), or section 924 (2) by redesignating subsection (d) as sub- (1) IN GENERAL.—Section 418 of the Con- (b), (g), or (h) of this title,’’; and section (e); and trolled Substances Act (21 U.S.C. 859) is (ii) by striking ‘‘subsection (b)(1) (A), (B), (3) by adding after subsection (c) the fol- amended— or (C), (d), or (e) of section 401 of the Con- lowing new subsection: (A) in subsection (a)— trolled Substances Act, or section 1002(a), ‘‘(d) The term for which supervised release (i) by striking ‘‘twenty-one’’ and inserting 1003, 1009, or 1010(b) (1), (2), or (3) of the Con- may be ordered for a juvenile found to be a ‘‘eighteen’’; trolled Substances Import and Export Act (21 juvenile delinquent may not extend— (ii) by striking ‘‘eighteen’’ and inserting U.S.C. 952(a), 953, 959, 960(b) (1), (2), (3))’’ and ‘‘(1) in the case of a juvenile who is less ‘‘twenty-one’’; inserting ‘‘or an offense (or conspiracy or at- than 18 years old, beyond the earlier of— (iii) by striking ‘‘not less than one year’’ tempt to commit an offense) described in ‘‘(A) five years after the date on which the and inserting ‘‘not less than ten years’’; and section 401(b)(1) (A), (B), or (C), (d), or (e), or juvenile becomes 21 years old; or (iv) by striking the last sentence; 404 (insofar as the violation involves more ‘‘(B) the maximum supervised release term (B) in subsection (b)— that would be authorized by section 3583(b) if than 5 grams of a mixture or substance (i) by striking ‘‘twenty-one’’ and inserting the juvenile had been tried and convicted as which contains cocaine base), of the Con- ‘‘eighteen’’; an adult; or trolled Substances Act (21 U.S.C. 841(b)(1) (ii) by striking ‘‘eighteen’’ and inserting (A), (B), or (C), (d), or (e), 844, or 846) or sec- ‘‘(2) in the case of a juvenile who is be- tween 18 and 21 years old— ‘‘twenty-one’’; tion 1002(a), 1003, 1009, 1010(b) (1), (2), or (3) of (iii) by striking ‘‘not less than one year’’ the Controlled Substances Import and Ex- ‘‘(A) who if convicted as an adult would be convicted of a Class A, B, or C felony, beyond and inserting ‘‘a mandatory term of life im- port Act (21 U.S.C. 952(a), 953, 959, 960(b) (1), 5 years after the juvenile’s release from offi- prisonment’’; (2), or (3), or 963)’’; and cial detention; or (iv) by striking the last sentence; and (C) in the fifth undesignated paragraph by ‘‘(B) in any other case beyond the lesser (C) by adding at the end the following new adding at the end the following: ‘‘In consid- of— subsection: ering the nature of the offense, as required ‘‘(i) 3 years; or ‘‘(c) OFFENSES INVOLVING SMALL QUAN- by this paragraph, the court shall consider ‘‘(ii) the maximum term of supervised re- TITIES OF MARIJUANA.—The mandatory mini- the extent to which the juvenile played a lease that would be authorized if the juvenile mum sentencing provisions of this section leadership role in an organization, or other- had been tried and convicted as an adult.’’. shall not apply to offenses involving five wise influenced other persons to take part in SEC. 404. AMENDMENTS CONCERNING JUVENILE grams or less of marijuana.’’; and criminal activities, involving the use or dis- RECORDS. (D) in the section heading by striking tribution of controlled substances or fire- (a) Section 5038 of title 18, United States ‘‘twenty-one’’ and inserting ‘‘eighteen’’. arms. Such a factor, if found to exist, shall Code, is amended— (2) TECHNICAL AMENDMENT.—The chapter weigh heavily in favor of a transfer to adult (1) by striking subsections (d) and (f); analysis for chapter 13 of title 21, United status, but the absence of this factor shall (2) by redesignating subsection (e) as sub- not preclude such a transfer.’’. States Code, is amended in the item relating section (d); and to section 859, by striking ‘‘twenty-one’’ and (b) CRIMES OF VIOLENCE.— (3) by adding at the end the following new inserting ‘‘eighteen’’. (1) REPEAL.—Section 140001 of the Violent subsection (e): (c) PENALTIES FOR DRUG OFFENSES IN DRUG- Crime Control and Law Enforcement Act of ‘‘(e) Whenever a juvenile has been found 1994, and the amendments made by that sec- FREE ZONES.— guilty of committing an act which if com- (1) REPEAL.—Section 90102 of the Violent tion, are repealed. mitted by an adult would be an offense de- (2) PROSECUTION AS ADULTS OF VIOLENT JU- Crime Control and Law Enforcement Act of scribed in clause (3) of the first paragraph of 1994 is repealed. VENILE OFFENDERS.—Section 5032 of title 18, section 5032, the juvenile shall be (2) INCREASED PENALTIES.—Section 419 of United States Code, is amended by adding at fingerprinted and photographed, and the fin- the Controlled Substances Act (21 U.S.C. 860) the end the following new paragraphs: gerprints and photograph shall be sent to the is amended— ‘‘Notwithstanding any other provision of Federal Bureau of Investigation, Identifica- this section or any other law, a juvenile who tion Division. The court shall also transmit (A) in subsection (a)— was 13 years of age or older on the date of to the Federal Bureau of Investigation, Iden- (i) by striking ‘‘not less than one year’’ and the commission of an offense under section tification Division, the information concern- inserting ‘‘not less than five years’’; and 113 (a), (b), or (c), 1111, 1113, 2111, 2113, or 2241 ing the adjudication, including name, date of (ii) by striking the last sentence; (a) or (c), shall be prosecuted as an adult in adjudication, court, offenses, and sentence, (B) in subsection (b), by striking ‘‘not less Federal court. No juvenile prosecuted as an along with the notation that the matter was than three years’’ and inserting ‘‘not less adult under this paragraph shall be incarcer- a juvenile adjudication. The fingerprints, than ten years’’; ated in an adult prison. photograph, and other records and informa- (C) by redesignating subsections (c), (d), ‘‘If a juvenile prosecuted under this para- tion relating to a juvenile described in this and (e) as subsections (d), (e), and (f), respec- graph is convicted, the juvenile shall be enti- subsection, or to a juvenile who is pros- tively; and tled to file a petition for resentencing pursu- ecuted as an adult, shall be made available (D) by inserting after subsection (b) the ant to applicable sentencing guidelines when in the manner applicable to adult defend- following new subsection: the juvenile reaches the age of 16. ants.’’. ‘‘(c) OFFENSES INVOLVING SMALL QUAN- ‘‘The United States Sentencing Commis- SEC. 405. MANDATORY MINIMUM PRISON SEN- TITIES OF MARIJUANA.—The mandatory mini- sion shall promulgate guidelines, or amend TENCES FOR PERSONS WHO USE MI- mum sentencing provisions of this section existing guidelines, if necessary, to carry out NORS IN DRUG TRAFFICKING AC- shall not apply to offenses involving five TIVITIES OR SELL DRUGS TO MI- this section. For resentencing determina- grams or less of marijuana.’’. tions pursuant to the preceding paragraph, NORS. the Commission may promulgate guidelines, (a) EMPLOYMENT OF PERSONS UNDER 18 SEC. 406. MANDATORY MINIMUM SENTENCING if necessary to permit sentencing adjust- YEARS OF AGE.—Section 420 of the Controlled REFORM. ments that may include adjustments that Substances Act (21 U.S.C. 861) is amended— (a) REPEAL.—Title VIII of the Violent provide for supervised release for defendants (1) in subsection (b), by adding at the end Crime Control and Law Enforcement Act of who have clearly demonstrated— the following: ‘‘Except to the extent a great- 1994, and the amendments made by that ‘‘(A) an exceptional degree of responsibil- er minimum sentence is otherwise provided, title, is repealed. ity for the offense; and a term of imprisonment of a person 21 or (b) FLEXIBILITY IN APPLICATION OF MANDA- ‘‘(B) a willingness and ability to refrain more years of age convicted of drug traffick- TORY MINIMUM SENTENCE PROVISIONS IN CER- ing under this subsection shall be not less from further criminal conduct.’’. TAIN CIRCUMSTANCES.— than 10 years. Notwithstanding any other (1) AMENDMENT OF TITLE 18, UNITED STATES SEC. 403. AVAILABILITY OF FINES AND SUPER- law, the court shall not place on probation CODE.—Section 3553 of title 18, United States VISED RELEASE FOR JUVENILE OF- or suspend the sentence of any person sen- Code, is amended by adding at the end the FENDERS. tenced under the preceding sentence.’’; and following new subsection: Section 5037 of title 18, United States Code, (2) in subsection (c) by inserting after the is amended— second sentence the following: ‘‘Except to ‘‘(f) MANDATORY MINIMUM SENTENCE PROVI- (1) in subsection (a)— the extent a greater minimum sentence is SIONS.— (A) in the first sentence by striking ‘‘sub- otherwise provided, a term of imprisonment ‘‘(1) SENTENCING UNDER THIS SECTION.—In section (d)’’ and inserting ‘‘subsection (e)’’; of a person 21 or more years of age convicted the case of an offense described in paragraph and of drug trafficking under this subsection (2), the court shall, notwithstanding the re- (B) in the second sentence, by striking shall be a mandatory term of life imprison- quirement of a mandatory minimum sen- ‘‘place him on probation, or commit him to ment. Notwithstanding any other law, the tence in that section, impose a sentence in official detention’’ and inserting ‘‘place the court shall not place on probation or suspend accordance with this section and the sen- juvenile on probation, commit the juvenile the sentence of any person sentenced under tencing guidelines and any pertinent policy to official detention (including the possibil- the preceding sentence.’’. statement issued by the United States Sen- ity of a term of supervised release), or im- (b) MANDATORY MINIMUM PRISON SEN- tencing Commission. pose any fine that would be authorized if the TENCES FOR PERSONS CONVICTED OF DISTRIBU- ‘‘(2) OFFENSES.—An offense is described in juvenile had been convicted as an adult’’; TION OF DRUGS TO MINORS.— this paragraph if— January 4, 1995 CONGRESSIONAL RECORD — SENATE S 81 ‘‘(A) the defendant is subject to a manda- to the sentencing guidelines made by the SEC. 409. INTERSTATE TRAVEL OR USE OF MAILS tory minimum term of imprisonment under United States Sentencing Commission pursu- OR A FACILITY IN INTERSTATE COM- section 401 or 402 of the Controlled Sub- ant to paragraph (2) shall apply with respect MERCE TO FURTHER KIDNAPPING. stances Act (21 U.S.C. 841 and 844) or section to sentences imposed for offenses committed Section 1201(a) of title 18, United States 1010 of the Controlled Substances Import and on or after the date that is 60 days after the Code, is amended— Export Act (21 U.S.C. 960); date of enactment of this Act. (1) in paragraph (3) by striking ‘‘or’’ at the ‘‘(B) the defendant does not have— end of the paragraph; SEC. 407. INCREASED MANDATORY MINIMUM ‘‘(i) any criminal history points under the (2) in paragraph (5) by striking ‘‘duties,’’ SENTENCES FOR CRIMINALS USING and inserting ‘‘duties; or’’; and sentencing guidelines; or FIREARMS. (3) by inserting after paragraph (5) the fol- ‘‘(ii) any prior conviction, foreign or do- Section 924(c)(1) of title 18, United States lowing new paragraphs: mestic, for a crime of violence against a per- Code, is amended by inserting after the first ‘‘(6) an individual travels in interstate or son or a drug trafficking offense that re- sentence the following: ‘‘Except to the ex- foreign commerce in furtherance of the of- sulted in a sentence of imprisonment (or an tent a greater minimum sentence is other- fense; or adjudication as a juvenile delinquent for an wise provided by the preceding sentence or ‘‘(7) the mails or a facility in interstate or act that, if committed by an adult, would by any other provision of this subsection or foreign commerce is used in furtherance of constitute a crime of violence against a per- any other law, a person who, during and in son or a drug trafficking offense); the offense,’’. relation to any crime of violence or drug ‘‘(C) the offense did not result in death or trafficking crime (including a crime of vio- serious bodily injury (as defined in section TITLE V—FEDERAL CRIMINAL lence or drug trafficking crime which pro- 1365) to any person— PROCEDURE REFORM vides for an enhanced punishment if commit- ‘‘(i) as a result of the act of any person dur- ted by the use of a deadly or dangerous weap- SEC. 501. OBSTRUCTION OF JUSTICE. ing the course of the offense; or on or device) for which a person may be pros- (a) IN GENERAL.—Chapter 73 of title 18, ‘‘(ii) as a result of the use by any person of ecuted in a court of the United States, uses United States Code, is amended by adding at a controlled substance that was involved in or carries a firearm shall, in addition to the the end the following new section: the offense; punishment provided for such crime of vio- ‘‘(D) the defendant did not carry or other- ‘‘§ 1518. False pleadings lence or drug trafficking crime— wise have possession of a firearm (as defined ‘‘In a criminal proceeding, any attorney in section 921) or other dangerous weapon ‘‘(A) be punished by imprisonment for not less than 10 years; who files in a court of the United States a during the course of the offense and did not brief, motion, answer, pleading, or other direct another person to carry a firearm and ‘‘(B) if the firearm is discharged, be pun- ished by imprisonment for not less than 20 signed document that the attorney knows to the defendant had no knowledge of any other contain a false statement of material fact or conspirator involved in the offense possess- years; and ‘‘(C) if the death of a person results, be a false statement of law, shall be found ing a firearm; guilty of obstruction of justice.’’. ‘‘(E) the defendant was not an organizer, punished by death or by imprisonment for not less than life. (b) TECHNICAL AMENDMENT.—The analysis leader, manager, or supervisor of others (as for chapter 73 of title 18, United States Code, defined or determined under the sentencing Notwithstanding any other law, the court is amended by adding the following new guidelines) in the offense; shall not place on probation or suspend the item: ‘‘(F) the defendant did not use, attempt to sentence of any person convicted of a viola- use, or make a credible threat to use phys- tion of this subsection, nor shall the term of ‘‘1518. False pleadings.’’. ical force against the person of another dur- imprisonment imposed under this subsection SEC. 502. CONDUCT OF FEDERAL PROSECUTORS. ing the course of the offense; run concurrently with any other term of im- Notwithstanding the ethical rules or the ‘‘(G) the defendant did not own the drugs, prisonment including that imposed for the rules of the court of any State, Federal rules finance any part of the offense or sell the crime of violence or drug trafficking crime of conduct adopted by the Attorney General drugs; and in which the firearm was used or carried. No shall govern the conduct of prosecutions in ‘‘(H) the Government certifies that the de- person sentenced under this subsection shall the courts of the United States. fendant has timely and truthfully provided be eligible for parole during the term of im- to the Government all information and evi- prisonment imposed under this subsection.’’. SEC. 503. FAIRNESS IN JURY SELECTION. dence the defendant has concerning the of- SEC. 408. PENALTIES FOR ARSON. Rule 24(b) of the Federal Rules of Criminal fense or offenses that were part of the same Procedure is amended by striking ‘‘the Gov- (a) REPEAL.—Section 320106 of the Violent course of conduct or of a common scheme or ernment is also entitled to 6 peremptory plan.’’. Crime Control and Law Enforcement Act of 1994 is repealed. challenges and the defendant or defendants (2) HARMONIZATION.— jointly to 10 peremptory challenges’’ and in- (b) INCREASED PENALTIES.—Section 844 of (A) IN GENERAL.—The United States Sen- serting ‘‘the Government is also entitled to 6 tencing Commission— title 18, United States Code, is amended— (1) in subsection (f)— peremptory challenges. A defendant tried (i) may make such amendments as it alone is entitled to 6 peremptory challenges, deems necessary and appropriate to har- (A) by striking ‘‘not more than ten years, or fined not more than $10,000’’ and inserting but defendants tried jointly are entitled to 10 monize the sentencing guidelines and policy peremptory challenges’’. statements with section 3553(f) of title 18, ‘‘not less than five years and not more than United States Code, as added by paragraph 20 years, fined the greater of $100,000 or the SEC. 504. BALANCE IN THE COMPOSITION OF (1), and promulgate policy statements to as- cost of repairing or replacing any property RULES COMMITTEES. sist the courts in interpreting that provi- that is damaged or destroyed’’; and Section 2073 of title 28, United States Code, sion; and (B) by striking ‘‘not more than twenty is amended— (ii) shall amend the sentencing guidelines, years, or fined not more than $10,000’’ and in- (1) in subsection (a)(2), by adding at the if necessary, to assign to an offense under serting ‘‘not less than five years and not end the following: ‘‘On each such committee section 401 or 402 of the Controlled Sub- more than 40 years, fined the greater of that makes recommendations concerning stances Act (21 U.S.C. 841 and 844) or section $200,000 or the cost of repairing or replacing rules that affect criminal cases, including 1010 of the Controlled Substances Import and any property that is damaged or destroyed’’; the Federal Rules of Criminal Procedure, the Export Act (21 U.S.C. 960) to which a manda- (2) in subsection (h)— Federal Rules of Evidence, the Federal Rules tory minimum term of imprisonment ap- (A) in the first sentence by striking ‘‘five of Appellate Procedure, the Rules Governing plies, a guideline level that will result in the years’’ and inserting ‘‘10 years’’; and Section 2254 Cases, and the Rules Governing imposition of a term of imprisonment at (B) in the second sentence by striking ‘‘ten Section 2255 Cases, the number of members least equal to the mandatory term of impris- years’’ and inserting ‘‘20 years’’; and who represent or supervise the representa- onment that is currently applicable, unless a (3) in subsection (i)— tion of defendants in the trial, direct review, downward adjustment is authorized under (A) by striking ‘‘not more than ten years or collateral review of criminal cases shall section 3553(f) of title 18, United States Code, or fined not more than $10,000’’ and inserting not exceed the number of members who rep- as added by subsection (a). ‘‘not less than five years and not more than resent or supervise the representation of the (B) EMERGENCY AMENDMENTS.—If the Com- 20 years, fined the greater of $100,000 or the Government or a State in the trial, direct re- mission determines that an expedited proce- cost of repairing or replacing any property view, or collateral review of criminal dure is necessary for amendments made pur- that is damaged or destroyed’’; and cases.’’; and suant to paragraph (1) to become effective on (B) by striking ‘‘not more than twenty (2) in subsection (b), by adding at the end the effective date specified in subsection (c), years or fined not more than $10,000’’ and in- the following: ‘‘The number of members of the Commission may promulgate such serting ‘‘not less than five years and not the standing committees who represent or amendments as emergency amendments more than 40 years, fined the greater of supervise the representation of defendants in under the procedures set forth in section $200,000 or the cost of repairing or replacing the trial, direct review, or collateral review 21(a) of the Sentencing Act of 1987 (101 Stat. any property that is damaged or destroyed’’. of criminal cases shall not exceed the num- 1271), as though the authority under that (c) STATUTE OF LIMITATIONS FOR ARSON.— ber of members who represent or supervise section had not expired. Section 320917(a) of the Violent Crime Con- the representation of the Government or a (3) EFFECTIVE DATE.—The amendment trol and Law Enforcement Act of 1994 is State in the trial, direct review, or collateral made by paragraph (1) and any amendments amended by striking ‘‘7’’ and inserting ‘‘10’’. review of criminal cases.’’. S 82 CONGRESSIONAL RECORD — SENATE January 4, 1995 SEC. 505. REIMBURSEMENT OF REASONABLE AT- ‘‘(D) current rates for equal services in the ble for payment of the full amount of res- TORNEYS’ FEES. community in which the investigation took titution or may apportion liability among Section 526 of title 28, United States Code, place. the offenders to reflect the level of contribu- is amended by adding at the end the follow- ‘‘(8)(A) Reimbursements of attorneys’ fees tion and economic circumstances of each of- ing new subsection: ordered under this subsection by the Attor- fender. ‘‘(c)(1)(A) A current or former Department ney General shall be paid from the appro- ‘‘(f) When the court finds that more than 1 of Justice attorney, agent, or employee who priation made by section 1304 of title 31, victim has sustained a loss requiring restitu- supervises an agent who is the subject of a United States Code. tion by an offender, the court shall order full criminal or disciplinary investigation, insti- ‘‘(B) Reimbursements of attorneys’ fees or- restitution of each victim but may provide tuted on or after the date of enactment of dered under this section by the Director of for different payment schedules to reflect this subsection, arising out of acts performed the Administrative Office of the United the economic circumstances of each victim. in the discharge of his or her duties in pros- States Courts shall be paid from appropria- ‘‘(g)(1) If the victim has received or is enti- ecuting or investigating a criminal matter, tions authorized by section 3006A(i) of title who is not provided representation under De- 18, United States Code. tled to receive compensation with respect to partment of Justice regulations, shall be en- ‘‘(9) The Attorney General and the Direc- a loss from insurance or any other source, titled to reimbursement of reasonable attor- tor of the Administrative Office of the Unit- the court shall order that restitution be paid neys’ fees incurred during and as a result of ed States Courts may delegate their powers to the person who provided or is obligated to the investigation if the investigation does and duties under this subsection to an appro- provide the compensation, but the restitu- not result in adverse action against the at- priate subordinate.’’. tion order shall provide that all restitution torney, agent, or employee. SEC. 506. MANDATORY RESTITUTION TO VICTIMS of victims required by the order be paid to ‘‘(B) A current or former attorney, agent, OF VIOLENT CRIMES. the victims before any restitution is paid to or employee who supervises an agent em- (a) ORDER OF RESTITUTION.—Section 3663 of such a provider of compensation. ployed as or by a Federal public defender title 18, United States Code, is amended— ‘‘(2) The issuance of a restitution order who is the subject of a criminal or discipli- (1) in subsection (a)— shall not affect the entitlement of a victim nary investigation instituted on or after the (A) by striking ‘‘may order’’ and inserting to receive compensation with respect to a date of enactment of this subsection, arising ‘‘shall order’’; and loss from insurance or any other source until out of acts performed in the discharge of his (B) by adding at the end the following new the payments actually received by the vic- or her duties in defending or investigating a paragraph: tim under the restitution order fully com- criminal matter in connection with the pub- ‘‘(4) In addition to ordering restitution of pensate the victim for the loss, at which lic defender program, who is not provided the victim of the offense of which a defend- time a person that has provided compensa- representation by a Federal public defender ant is convicted, a court may order restitu- tion to the victim shall be entitled to receive or the Administrative Office of the United tion of any person who, as shown by a pre- States Courts, is entitled to reimbursement any payments remaining to be paid under ponderance of evidence, was harmed phys- the restitution order. of reasonable attorneys’ fees incurred during ically or pecuniarily by unlawful conduct of and as a result of the investigation if the in- ‘‘(3) Any amount paid to a victim under an the defendant during— order of restitution shall be set off against vestigation does not result in adverse action ‘‘(A) the criminal episode during which the any amount later recovered as compensatory against the attorney, agent, or employee. offense occurred; or damages by the victim in— ‘‘(2) For purposes of paragraph (1), an in- ‘‘(B) the course of a scheme, conspiracy, or ‘‘(A) any Federal civil proceeding; and vestigation shall be considered not to result pattern of unlawful activity related to the in adverse action against an attorney, agent, offense.’’; ‘‘(B) any State civil proceeding, to the ex- or employee if— (2) in subsection (b)(1)(A) by striking ‘‘im- tent provided by the law of the State. ‘‘(A) in the case of a criminal investiga- practical’’ and inserting ‘‘impracticable’’; ‘‘(h) A restitution order shall provide tion, the investigation does not result in in- (3) in subsection (b)(2) by inserting ‘‘emo- that— dictment of, the filing of a criminal com- tional or’’ after ‘‘resulting in’’; ‘‘(1) all fines, penalties, costs, restitution plaint against, or the entry of a plea of (4) in subsection (c) by striking ‘‘If the payments and other forms of transfers of guilty by the attorney, agent, or supervising Court decides to order restitution under this money or property made pursuant to the employee; and section, the’’ and inserting ‘‘The’’; sentence of the court shall be made by the ‘‘(B) in the case of a disciplinary investiga- (5) by striking subsections (d), (e), (f), (g), offender to an entity designated by the Di- tion, the investigation does not result in dis- and (h); and rector of the Administrative Office of the cipline or results in only discipline less seri- United States Courts for accounting and ous than a formal letter of reprimand finding (6) by adding at the end the following new actual and specific wrongdoing. subsections: payment by the entity in accordance with ‘‘(3) The Attorney General shall provide ‘‘(d)(1) The court shall order restitution to this subsection; notice in writing of the conclusion and result a victim in the full amount of the victim’s ‘‘(2) the entity designated by the Director of an investigation described in paragraph losses as determined by the court and with- of the Administrative Office of the United (1). out consideration of— States Courts shall— ‘‘(4) An attorney, agent, or supervising em- ‘‘(A) the economic circumstances of the of- ‘‘(A) log all transfers in a manner that ployee who was the subject of an investiga- fender; or tracks the offender’s obligations and the cur- tion described in paragraph (1) may waive his ‘‘(B) the fact that a victim has received or rent status in meeting those obligations, un- or her entitlement to reimbursement of at- is entitled to receive compensation with re- less, after efforts have been made to enforce torneys’ fees under paragraph (1) as part of a spect to a loss from insurance or any other the restitution order and it appears that resolution of a criminal or disciplinary in- source. compliance cannot be obtained, the court de- vestigation. ‘‘(2) Upon determination of the amount of termines that continued recordkeeping ‘‘(5) An application for attorney fee reim- restitution owed to each victim, the court under this subparagraph would not be useful; bursement under this subsection shall be shall specify in the restitution order the ‘‘(B) notify the court and the interested manner in which and the schedule according made not later than 180 days after the attor- parties when an offender is 90 days in arrears to which the restitution is to be paid, in con- ney, agent, or employee is notified in writing in meeting those obligations; and sideration of— of the conclusion and result of the investiga- ‘‘(3) the offender shall advise the entity ‘‘(A) the financial resources and other as- tion. designated by the Director of the Adminis- sets of the offender; ‘‘(6) Upon receipt of a proper application trative Office of the United States Courts of under this subsection for reimbursement of ‘‘(B) projected earnings and other income of the offender; and any change in the offender’s address during attorneys’ fees, the Attorney General and the term of the restitution order. the Director of the Administrative Office of ‘‘(C) any financial obligations of the of- ‘‘(i) A restitution order shall constitute a the United States Courts shall award reim- fender, including obligations to dependents. lien against all property of the offender and bursement for the amount of attorneys’ fees ‘‘(3) A restoration order may direct the of- may be recorded in any Federal or State of- that are found to have been reasonably in- fender to make a single, lump-sum payment, curred by the applicant as a result of an in- partial payment at specified intervals, or fice for the recording of liens against real or vestigation. such in-kind payments as may be agreeable personal property. ‘‘(7) The official making an award under to the victim and the offender. ‘‘(j) Compliance with the schedule of pay- this subsection shall make inquiry into the ‘‘(4) An in-kind payment described in para- ment and other terms of a restitution order reasonableness of the amount requested, and graph (3) may be in the form of— shall be a condition of any probation, parole, shall consider— ‘‘(A) return of property; or other form of release of an offender. If a ‘‘(A) the sufficiency of the documentation ‘‘(B) replacement of property; or defendant fails to comply with a restitution accompanying the request; ‘‘(C) services rendered to the victim or to a order, the court may revoke probation or a ‘‘(B) the need or justification for the un- person or organization other than the vic- term of supervised release, modify the term derlying item; tim. or conditions of probation or a term of super- ‘‘(C) the reasonableness of the sum re- ‘‘(e) When the court finds that more than 1 vised release, hold the defendant in con- quested in light of the nature of the inves- offender has contributed to the loss of a vic- tempt of court, enter a restraining order or tigation; and tim, the court may make each offender lia- injunction, order the sale of property of the January 4, 1995 CONGRESSIONAL RECORD — SENATE S 83 defendant, accept a performance bond, or rule, or a rule of court procedure unless ex- fense for which evidence of the offense was take any other action necessary to obtain clusion is expressly authorized by statute or seized in violation of the fourth amendment compliance with the restitution order. In de- by a rule prescribed by the Supreme Court to the Constitution shall be limited to dam- termining what action to take, the court pursuant to chapter 131 of title 28. ages for actual physical personal injury and shall consider the defendant’s employment ‘‘(c) RULE OF CONSTRUCTION.—This section actual property damage sustained as a result status, earning ability, financial resources, shall not be construed to require or author- of the unconstitutional search and seizure. the willfulness in failing to comply with the ize the exclusion of evidence in any proceed- ‘‘(e) AMOUNT OF AWARD.— restitution order, and any other cir- ing.’’. ‘‘(1) IN GENERAL.—Except as provided in cumstances that may have a bearing on the (2) TECHNICAL AMENDMENT.—The chapter paragraph (2), in an action brought pursuant defendant’s ability to comply with the res- analysis for chapter 223 of title 18, United to this section, a judgment, award, com- titution order. States Code, is amended by inserting after promise, or settlement shall be in an amount ‘‘(k) An order of restitution may be en- the item for section 3502 the following new that is not more than $30,000, including ac- forced— item: tual and punitive damages. ‘‘(1) by the United States— ‘‘3502A. Admissibility of evidence obtained ‘‘(2) EXCEPTION.—The limitation provided ‘‘(A) in the manner provided for the collec- by search or seizure.’’. in paragraph (1) shall not apply to a judg- tion and payment of fines in subchapter (B) (c) ILLEGAL SEARCH AND SEIZURE.— ment, award, compromise, or settlement if of chapter 229 of this title; or (1) IN GENERAL.—Title 28, United States the actual damages are in an amount that is ‘‘(B) in the same manner as a judgment in Code, is amended by inserting after chapter greater than $30,000. a civil action; and 171, the following new chapter: ‘‘(3) PREJUDGMENT INTEREST.—The United ‘‘(2) by a victim named in the order to re- States shall not be liable for interest prior to ‘‘CHAPTER 172—ILLEGAL SEARCH AND ceive the restitution, in the same manner as judgment. SEIZURE a judgment in a civil action. ‘‘(f) PERIOD OF LIMITATION.—An action ‘‘(l) A victim or the offender may petition ‘‘Sec. under this section shall be brought within the court at any time to modify a restitution ‘‘2691. Definitions. the period of limitation provided in section order as appropriate in view of a change in ‘‘2692. Tort claims; illegal search and seizure. 2401(b). ‘‘2693. Sanctions against investigative or law the economic circumstances of the of- ‘‘§ 2693. Sanctions against investigative or fender.’’. enforcement officers. ‘‘2694. Judgment as bar. law enforcement officers (b) PROCEDURE FOR ISSUING ORDER OF RES- ‘‘2695. Attorneys’ fees and costs. ‘‘An investigative or law enforcement offi- TITUTION.—Section 3664 of title 18, United States Code, is amended— ‘‘2696. Applicability of other tort claims pro- cer who conducts a search or seizure in viola- (1) by striking subsection (a); cedures. tion of the fourth amendment to the Con- (2) by redesignating subsections (b), (c), ‘‘§ 2691. Definitions stitution shall be subject to appropriate dis- cipline in the discretion of the Federal agen- (d), and (e) as subsections (a), (b), (c), and (d); ‘‘In this chapter— cy employing the officer, if that agency de- (3) by amending subsection (a), as redesig- ‘‘(1) the term ‘Federal agency’ includes an termines, after notice and hearing, that the nated by paragraph (2), to read as follows: executive department, military department, officer conducted the search or seizure lack- ‘‘(a) The court may order the probation independent establishment of the United ing a good faith belief that the search or sei- service of the court to obtain information States, and a corporation acting primarily as zure was constitutional. pertaining to the amount of loss sustained an instrumentality or agency of the United by any victim as a result of the offense, the States, but does not include a contractor ‘‘§ 2694. Judgment as bar financial resources of the defendant, the fi- with the United States; and ‘‘The remedy against the United States nancial needs and earning ability of the de- ‘‘(2) the term ‘investigative or law enforce- provided under this chapter shall be the ex- fendant and the defendant’s dependents, and ment officer’ means— clusive civil remedy for a violation of the such other factors as the court deems appro- ‘‘(A) an officer of the United States who is fourth amendment to the Constitution by priate. The probation service of the court empowered by law to execute searches, to any investigative or law enforcement officer shall include the information collected in seize evidence, or to make arrests for any acting within the scope of the officer’s office the report of presentence investigation or in violation of Federal law; or employment. a separate report, as the court directs.’’; and ‘‘(B) a person acting under or at the re- ‘‘§ 2695. Attorneys’ fees and costs (4) by adding at the end thereof the follow- quest of such an officer; or ing new subsection: ‘‘(C) a State or local law enforcement offi- ‘‘In an action brought under this chapter, ‘‘(e) The court may refer any issue arising cer, if the case is prosecuted in a court of the the court may award any claimant who pre- in connection with a proposed order of res- United States. vails in the action, other than the United States, reasonable attorney’s fees and other titution to a magistrate or special master ‘‘§ 2692. Tort claims; illegal search and seizure for proposed findings of fact and rec- litigation costs reasonably incurred in pros- ommendations as to disposition, subject to a ‘‘(a) IN GENERAL.—The United States shall ecuting the claim. be liable for damages resulting from a search de novo determination of the issue by the ‘‘§ 2696. Applicability of other tort claims pro- or seizure conducted by an investigative or court.’’. cedures law enforcement officer, acting within the SEC. 507. ADMISSIBILITY OF CERTAIN EVIDENCE. scope of the officer’s office or employment, ‘‘(a) IN GENERAL.—The procedures provided (a) CONFESSIONS.—Section 3501 of title 18, in violation of the fourth amendment to the in sections 2672, 2675, 2677, 2678, 2679, and 2680 United States Code, is amended— Constitution. apply to an action brought under this chap- (1) in subsection (a), by inserting after the ‘‘(b) ACTUAL AND PUNITIVE DAMAGES.—A ter. first sentence the following new sentence: person who is aggrieved by a violation de- ‘‘(b) TREATMENT AS EMPLOYEE OF THE UNIT- ‘‘The defendant shall have the burden of scribed in subsection (a) may recover actual ED STATES.—For the purposes of the sections proving by a preponderance of the evidence damages and such punitive damages as the referred to in subsection (a), an investigative that a confession was not voluntary.’’; and court may award under subsection (c). or law enforcement officer who conducts a (2) in subsection (c) by striking ‘‘and if ‘‘(c) AWARD OF PUNITIVE DAMAGES.—Puni- search or seizure in violation of the fourth such confession’’ and all that follows tive damages may be awarded by the court in amendment to the Constitution shall be through the end of the subsection. an amount not exceeding $10,000, upon con- treated as if the officer were an ‘employee of (b) REASONABLE SEARCH OR SEIZURE.— sideration of all of the circumstances of the the United States’. (1) IN GENERAL.—Chapter 223 of title 18, case, including— ‘‘(c) TREATMENT OF STATE OR LOCAL OFFI- United States Code, is amended by inserting ‘‘(1) the extent of the investigative or law CERS.—A State or local officer who violates after section 3502 the following new section: enforcement officer’s deviation from permis- the fourth amendment to the Constitution in ‘‘§ 3502A. Admissibility of evidence obtained sible conduct; a case that is later prosecuted in a court of by search or seizure ‘‘(2) the extent to which the violation was the United States shall, for purposes of this ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY willful, reckless, or grossly negligent; section, be an employee of the United REASONABLE SEARCH OR SEIZURE.—Evidence ‘‘(3) the extent to which the aggrieved per- States.’’. obtained as a result of a search or seizure son’s privacy was invaded; (2) TECHNICAL AMENDMENT.—The part anal- that is otherwise admissible in a Federal ‘‘(4) the extent of the aggrieved person’s ysis for part VI of title 28, United States criminal proceeding shall not be excluded in physical, mental, and emotional injury; Code, is amended by inserting after the item a proceeding in a court of the United States ‘‘(5) the extent of any property damage; relating to chapter 171 the following new on the ground that the search or seizure was and item: in violation of the fourth amendment to the ‘‘(6) the effect that making an award of pu- ‘‘172. Illegal search and seizure ...... 2691’’. Constitution. nitive damages would have in preventing fu- (d) JURISDICTION.—Section 1346 of title 28, ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STAT- ture violations of the fourth amendment to United States Code, is amended by inserting UTE OR RULE.—Evidence shall not be ex- the Constitution. after subsection (f) the following new sub- cluded in a proceeding in a court of the Unit- ‘‘(d) LIMITATION ON AWARD TO OFFENDER.— section: ed States on the ground that it was obtained An award of nonpunitive damages under this ‘‘(g) The district courts, together with the in violation of a statute, an administrative section to a person who is convicted of an of- United States District for the Territory of S 84 CONGRESSIONAL RECORD — SENATE January 4, 1995 Guam, the District Court for the Northern ‘‘Rule 22. Habeas corpus and section 2255 pro- ‘‘(A) the claim relies on (i) a new rule of Mariana Islands, and the District Court of ceedings constitutional law, made retroactive by the the Virgin Islands, shall have exclusive ‘‘(a) Application for an Original Writ of Ha- Supreme Court, that was previously unavail- original jurisdiction of any civil action on a beas Corpus.—An application for a writ of ha- able; or (ii) a factual predicate that could claim against the United States, for money beas corpus shall be made to the appropriate not have been previously discovered through damages, brought under chapter 172.’’. district court. If application is made to a cir- the exercise of due diligence; and (e) TECHNICAL AMENDMENT.—Section 1402(b) cuit judge, the application shall be trans- ‘‘(B) the facts underlying the claim would of title 28, United States Code, is amended by ferred to the appropriate district court. If an be sufficient to establish by clear and con- inserting ‘‘or subsection (g)’’ after ‘‘sub- application is made to or transferred to the vincing evidence that, but for constitutional section (b)’’. district court and denied, renewal of the ap- error, no reasonable factfinder would have (f) EFFECTIVE DATE.—The amendments plication before a circuit judge shall not be found the petitioner guilty of the underlying made by this section shall apply only to permitted. The petitioner may, pursuant to offense or eligible for the death penalty claims arising on or after the date of enact- section 2253, appeal to the appropriate court under State law.’’; and ment of this Act. of appeals from the order of the district (5) by adding at the end the following new SEC. 508. GENERAL HABEAS CORPUS REFORM. court denying the writ. subsection: (a) PERIOD OF LIMITATION.—Section 2244 of ‘‘(b) Necessity of Certificate of Probable Cause ‘‘(h) In all proceedings brought under this title 28, United States Code, is amended by for Appeal.—In a habeas corpus proceeding in section, and any subsequent proceedings on adding at the end the following new sub- which the detention complained of arises out review, appointment of counsel for a peti- section: of process issued by a State court, and in a tioner who is or becomes financially unable ‘‘(d) A one-year period of limitation shall motion proceeding pursuant to section 2255 to afford counsel shall be in the discretion of apply to an application for a writ of habeas of title 28, United States Code, an appeal by the court, except as provided by a rule pro- corpus by a person in custody pursuant to the applicant may not proceed unless the mulgated by the Supreme Court pursuant to the judgment of a State court. The limita- Court of Appeals issues a certificate of prob- statutory authority. Appointment of counsel tion period shall run from the latest of— able cause. If a request for a certificate of under this section shall be governed by sec- ‘‘(1) the date on which State remedies are probable cause is addressed to the court of tion 3006A of title 18, United States Code.’’. exhausted; appeals, it shall be deemed addressed to the (e) SECTION 2255 AMENDMENTS.—Section ‘‘(2) the date on which the impediment to judges thereof and shall be considered by a 2255 of title 28, United States Code, is amend- filing an application created by State action panel of the Court of Appeals. If no express ed— in violation of the Constitution or laws of request for a certificate is filed, the notice of (1) by striking the second and the fifth the United States is removed, where the ap- appeal shall be deemed to constitute a re- paragraphs; and plicant was prevented from filing by such quest addressed to the judges of the court of (2) by adding at the end the following new State action; appeals. If an appeal is taken by a State or paragraphs: ‘‘(3) the date on which the Federal con- the Government or its representative, a cer- ‘‘A one-year period of limitation shall stitutional right asserted was initially rec- tificate of probable cause is not required.’’. apply to a motion under this section. The ognized by the Supreme Court, where the (d) SECTION 2254 AMENDMENT.—Section 2254 limitation period shall run from the latest right has been newly recognized by the Court of title 28, United States Code, is amended— of— and is made retroactively applicable; or (1) by amending subsection (b) to read as ‘‘(1) the date on which the judgment of ‘‘(4) the date on which the factual predi- follows: conviction becomes final; cate of the claim or claims presented could ‘‘(b)(1) An application for a writ of habeas ‘‘(2) the date on which the impediment to have been discovered through the exercise of corpus on behalf of a person in custody pur- making a motion created by governmental due diligence.’’. suant to the judgment of a State court shall action in violation of the Constitution or (b) APPEAL.—Section 2253 of title 28, Unit- not be granted unless it appears that— laws of the United States is removed, where ed States Code, is amended to read as fol- ‘‘(A) the applicant has exhausted the rem- the movant was prevented from making a lows: edies available in the courts of the State; or motion by such governmental action; ‘‘(B)(i) there is an absence of available ‘‘(3) the date on which the right asserted ‘‘§ 2253. Appeal State corrective process; or was initially recognized by the Supreme ‘‘(a) IN GENERAL.—In a habeas corpus pro- ‘‘(ii) circumstances exist that render such Court, if that right has been newly recog- ceeding or a proceeding under section 2255 process ineffective to protect the rights of nized by the Court and is made retroactively before a circuit or district judge, the final the applicant. applicable; or order shall be subject to review, on appeal, ‘‘(2) An application may be denied if the ‘‘(4) the date on which the factual predi- by the court of appeals for the circuit where court is satisfied that the application is friv- cate of the claim or claims presented could the proceeding is held. olous or malicious, notwithstanding the fail- have been discovered through the exercise of ‘‘(b) VALIDITY OF WARRANT OR DETENTION.— ure of the applicant to exhaust the remedies due diligence. There shall be no right of appeal from such available in the courts of the State. ‘‘In all proceedings brought under this sec- an order in a proceeding to test the validity ‘‘(3) A State shall not be deemed to have tion, and any subsequent proceedings on re- of a warrant to remove, to another district waived the exhaustion requirement or be es- view, appointment of counsel for a movant or place for commitment or trial, a person topped from reliance upon the requirement who is or becomes financially unable to af- charged with a criminal offense against the unless the State, through counsel, expressly ford counsel shall be in the discretion of the United States, or to test the validity of the waives the requirement.’’; court, except as provided by a rule promul- detention of such person pending removal (2) by redesignating subsections (d), (e), gated by the Supreme Court pursuant to proceedings. and (f) as subsections (e), (f), and (g), respec- statutory authority. Appointment of counsel ‘‘(c) REQUIREMENT FOR CERTIFICATE OF tively; under this section shall be governed by sec- PROBABLE CAUSE.— (3) by inserting after subsection (c) the fol- tion 3006A of title 18, United States Code.’’. ‘‘(1) REQUIREMENT.—Unless a circuit justice lowing new subsection: (f) SECOND OR SUCCESSIVE PETITIONS.— or judge issues a certificate of probable ‘‘(d) An application for a writ of habeas (1) CERTIFICATION.—A second or successive cause, an appeal may not be taken to the corpus on behalf of a person in custody pur- motion must be certified by a panel of the court of appeals from— suant to the judgment of a State court shall appropriate Federal Court of Appeals to con- ‘‘(A) the final order in a habeas corpus pro- not be granted with respect to any claim tain— ceeding in which the detention complained that has been fully and fairly adjudicated in (A) newly discovered evidence sufficient to of arises out of process issued by a State State proceedings.’’; undermine the court’s confidence in the court; or (4) by amending subsection (e), as redesig- factfinder’s determination of the prisoner’s ‘‘(B) the final order in a proceeding under nated by paragraph (2), to read as follows: guilt of the offense or offenses for which the section 2255. ‘‘(e)(1) In a proceeding instituted by an ap- sentence was imposed; or ‘‘(2) SUBSTANTIAL SHOWING.—A certificate plication for a writ of habeas corpus by a (B) a new rule of constitutional law, made of probable cause may issue under paragraph person in custody pursuant to the judgment retroactive by the Supreme Court, that was (1) only if the petitioner has made a substan- of a State court, a determination of a factual previously unavailable. tial showing of the denial of a Federal con- issue made in the case by a State court after (2) CONFORMING AMENDMENT TO SECTION stitutional right. any procedure sufficient to develop an ade- 2244(a).—Section 2244(a) of title 28, United ‘‘(3) SPECIFICATION OF ISSUES.—The certifi- quate record shall be presumed to be correct. States Code, is amended by striking ‘‘and the cate of probable cause under paragraph (1) The applicant shall have the burden of rebut- petition’’ and all that follows through ‘‘by shall indicate which specific issue or issues ting this presumption by clear and convinc- such inquiry.’’ and inserting ‘‘except as pro- satisfy the showing required by paragraph ing evidence. vided in section 2255.’’. (2).’’. ‘‘(2) If the applicant has failed to develop (3) LIMITATIONS ON SECOND OR SUCCESSIVE (c) AMENDMENT OF FEDERAL RULES OF AP- the factual basis of a claim in State court PETITIONS.—Section 2244(b) of title 28, United PELLATE PROCEDURE.—Rule 22 of the Federal proceedings, the Federal court shall not hold States Code, is amended to read as follows: Rules of Appellate Procedure is amended to an evidentiary hearing on the claim unless ‘‘(b)(1) A claim presented in a second or read as follows: the applicant shows that— successive habeas corpus petition that was January 4, 1995 CONGRESSIONAL RECORD — SENATE S 85 not presented in a prior petition shall be dis- resort or by statute a mechanism for the ap- having been advised of the consequences of missed unless— pointment, compensation and payment of his decision, a State prisoner under capital ‘‘(A) the petitioner shows that— reasonable litigation expenses of competent sentence waives the right to pursue habeas ‘‘(i) the claim relies on a new rule of con- counsel in State postconviction proceedings corpus review under section 2254. stitutional law, made retroactive by the Su- brought by indigent prisoners whose capital ‘‘(c) LIMITATION ON FURTHER STAY.—If one preme Court, that was previously unavail- convictions and sentences have been upheld of the conditions in subsection (b) has oc- able; or on direct appeal to the court of last resort in curred, no Federal court thereafter shall ‘‘(ii) the factual predicate for the claim the State or have otherwise become final for have the authority to enter a stay of execu- could not have been discovered previously State law purposes. The rule of court or stat- tion or grant relief in a capital case unless— through the exercise of due diligence; and ute must provide standards of competency ‘‘(1) the basis for the stay and request for ‘‘(B) the facts underlying the claim, if for the appointment of such counsel. relief is a claim not previously presented in proven and viewed in light of the evidence as ‘‘(c) OFFER OF COUNSEL.—Any mechanism the State or Federal courts; for the appointment, compensation and re- a whole, would be sufficient to undermine ‘‘(2) the failure to raise the claim is— imbursement of counsel as provided in sub- the court’s confidence in the factfinder’s de- ‘‘(A) the result of State action in violation section (b) must offer counsel to all State termination of the applicant’s guilt of the of- of the Constitution or laws of the United prisoners under capital sentence and must fense or offenses for which the sentence was States; imposed. provide for the entry of an order by a court of record— ‘‘(B) the result of the Supreme Court rec- ‘‘(2)(A) Before a second or successive peti- ognition of a new Federal right that is made tion is filed in the district court, the peti- ‘‘(1) appointing 1 or more counsel to rep- retroactively applicable; or tioner must move in the appropriate court of resent the prisoner upon a finding that the ‘‘(C) based on a factual predicate that appeals for an order authorizing the district prisoner is indigent and accepted the offer or could not have been discovered through the court to consider the petition. is unable competently to decide whether to exercise of due diligence in time to present ‘‘(B) A motion in the court of appeals for accept or reject the offer; the claim for State or Federal an order authorizing the district court to ‘‘(2) finding, after a hearing if necessary, consider a successive petition shall be deter- that the prisoner rejected the offer of coun- postconviction review; mined by a three-judge panel of the court of sel and made the decision with an under- ‘‘(3) the facts underlying the claim if prov- appeals. standing of its legal consequences; or en and viewed in light of the evidence as a ‘‘(C) The court of appeals may authorize ‘‘(3) denying the appointment of counsel whole, would be sufficient to establish by the filing of a successive petition only if it upon a finding that the prisoner is not indi- clear and convincing evidence that but for determines that the petitioner has made a gent. constitutional error, no reasonable prima facie showing that the petition satis- ‘‘(d) PREVIOUS REPRESENTATION.—No coun- factfinder would have found the petitioner fies the requirements of this section. sel appointed pursuant to subsections (b) and guilty of the underlying offense or eligible ‘‘(D) The grant or denial of an authoriza- (c) to represent a State prisoner under cap- for the death penalty under State law; tion by the court of appeals to file a second ital sentence shall have previously rep- ‘‘(4) the court of appeals approves the filing or successive petition shall not be appeal- resented the prisoner at trial or on direct ap- of a second or successive petition that— peal in the case for which the appointment is able. ‘‘(A) is the result of the Supreme Court made unless the prisoner and counsel ex- ‘‘(3) A district court shall dismiss any recognition of a new Federal right that is pressly request continued representation. claim presented in a second or successive pe- made retroactively applicable; or ‘‘(e) NO GROUND FOR RELIEF.—The ineffec- tition that the court of appeals has author- ‘‘(B) is based on a factual predicate that tiveness or incompetence of counsel during ized to be filed unless the applicant shows could not have been discovered through the Federal or State collateral postconviction that the claim satisfies the requirements of exercise of due diligence in time to present proceedings in a capital case shall not be a this section.’’. the claim for State or Federal ground for relief in a proceeding arising postconviction review; and SEC. 509. TECHNICAL AMENDMENT. under section 2254. This limitation shall not Section 848(q) of title 21, United States preclude the appointment of different coun- ‘‘(5) the facts underlying the claim if prov- Code, is amended by striking all references sel, on the court’s own motion or at the re- en and viewed in light of the evidence as a to section 2254. quest of the prisoner, at any phase of State whole, would be sufficient to establish by SEC. 510. DEATH PENALTY LITIGATION PROCE- or Federal postconviction proceedings on the clear and convincing evidence that but for DURES. basis of the ineffectiveness or incompetence constitutional error, no reasonable (a) ADDITION OF CHAPTER.—Title 28, United of counsel in such proceedings. factfinder would have found the petitioner guilty of the underlying offense or eligible States Code, is amended by inserting after ‘‘§ 2257. Mandatory stay of execution; dura- for the death penalty under State law. chapter 153 the following new chapter: tion; limits on stays of execution; succes- ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS sive petitions ‘‘§ 2258. Filing of habeas corpus petition; time PROCEDURES IN CAPITAL CASES ‘‘(a) STAY.—Upon the entry in the appro- requirements; tolling rules ‘‘Sec. priate State court of record of an order ‘‘(a) FILING.—A petition for habeas corpus ‘‘2256. Prisoners in State custody subject to under section 2256(c), a warrant or order set- relief under section 2254 must be filed in the capital sentence; appointment ting an execution date for a State prisoner of counsel; requirement of rule appropriate district court within 180 days shall be stayed upon application to any court from the filing in the appropriate State of court or statute; procedures that would have jurisdiction over any pro- for appointment. court of record of an order under section ceedings filed under section 2254. The appli- 2256(c). ‘‘2257. Mandatory stay of execution; dura- cation must recite that the State has in- ‘‘(b) TOLLING.—The time requirements es- tion; limits on stays of execu- voked the postconviction review procedures tablished by this section shall be tolled— tion; successive petitions. of this chapter and that the scheduled execu- ‘‘(1) from the date that a petition for cer- ‘‘2258. Filing of habeas corpus petition; time tion is subject to stay. tiorari is filed in the Supreme Court until requirements; tolling rules. ‘‘(b) EXPIRATION OF STAY.—A stay of execu- ‘‘2259. Evidentiary hearings; scope of Federal tion granted pursuant to subsection (a) shall the date of final disposition of the petition if review; district court adjudica- expire if— a State prisoner files the petition to secure tion. ‘‘(1) a State prisoner fails to file a habeas review by the Supreme Court of the affirm- ‘‘2260. Certificate of probable cause inap- corpus petition under section 2254 within the ance of a capital sentence on direct review plicable. time required in section 2258, or fails to by the court of last resort of the State or ‘‘2261. Application to state unitary review make a timely application for court of ap- other final State court decision on direct re- procedures. peals review following the denial of such a view; ‘‘2262. Limitation periods for determining petition by a district court; ‘‘(2) during any period in which a State petitions. ‘‘(2) upon completion of district court and prisoner under capital sentence has a prop- ‘‘2263. Rule of construction. court of appeals review under section 2254 erly filed request for postconviction review ‘‘§ 2256. Prisoners in State custody subject to the petition for relief is denied and— pending before a State court of competent capital sentence; appointment of counsel; ‘‘(A) the time for filing a petition for cer- jurisdiction; if all State filing rules are met requirement of rule of court or statute; pro- tiorari has expired and no petition has been in a timely manner, this period shall run cedures for appointment filed; continuously from the date that the State ‘‘(a) APPLICATION OF CHAPTER.—This chap- ‘‘(B) a timely petition for certiorari was prisoner initially files for postconviction re- ter shall apply to cases arising under section filed and the Supreme Court denied the peti- view until final disposition of the case by the 2254 brought by prisoners in State custody tion; or highest court of the State, but the time re- who are subject to a capital sentence. It ‘‘(C) a timely petition for certiorari was quirements established by this section are shall apply only if the provisions of sub- filed and upon consideration of the case, the not tolled during the pendency of a petition sections (b) and (c) are satisfied. Supreme Court disposed of it in a manner for certiorari before the Supreme Court ex- ‘‘(b) ESTABLISHMENT OF APPOINTMENT that left the capital sentence undisturbed; or cept as provided in paragraph (1); and MECHANISM.—This chapter is applicable if a ‘‘(3) before a court of competent jurisdic- ‘‘(3) during an additional period not to ex- State establishes by rule of its court of last tion, in the presence of counsel and after ceed 30 days, if— S 86 CONGRESSIONAL RECORD — SENATE January 4, 1995

‘‘(A) a motion for an extension of time is ‘‘(2) NO PREVIOUS REPRESENTATION.—No able time necessary for effective prepara- filed in the Federal district court that would counsel appointed to represent the prisoner tion, taking into account the exercise of due have proper jurisdiction over the case upon in the unitary review proceedings shall have diligence. the filing of a habeas corpus petition under previously represented the prisoner at trial ‘‘(iii) No delay in disposition shall be per- section 2254; and in the case for which the appointment is missible because of general congestion of the ‘‘(B) a showing of good cause is made for made unless the prisoner and counsel ex- court’s calendar. the failure to file the habeas corpus petition pressly request continued representation. ‘‘(iv) The court shall transmit a copy of within the time period established by this ‘‘(c) APPLICATION OF OTHER SECTIONS.— any order issued under clause (i) to the Di- section. ‘‘(1) IN GENERAL.—Sections 2257, 2258, 2259, rector of the Administrative Office of the ‘‘§ 2259. Evidentiary hearings; scope of Fed- 2260, and 2262 shall apply in relation to cases United States Courts for inclusion in the re- eral review; district court adjudication involving a sentence of death from any State port under paragraph (5). having a unitary review procedure that ‘‘(a) REVIEW OF RECORD; HEARING.—When- ‘‘(2) APPLICATION.—The time limitations ever a State prisoner under a capital sen- qualifies under this section. under paragraph (1) shall apply to— tence files a petition for habeas corpus relief ‘‘(2) REFERENCES.—References to State ‘‘(A) an initial petition for a writ of habeas to which this chapter applies, the district ‘post-conviction review’ and ‘direct review’ corpus; court shall, within the time limits required in those sections shall be understood as re- ‘‘(B) any second or successive petition for a by section 2267— ferring to unitary review under the State writ of habeas corpus; and ‘‘(1) determine the sufficiency of the record procedure. The references in sections 2257(a) ‘‘(C) any redetermination of a petition for and 2258 to ‘an order under section 2256(c)’ for habeas corpus review based on the claims a writ of habeas corpus following a remand shall be understood as referring to the post- actually presented and litigated in the State by the court of appeals or the Supreme Court trial order under subsection (b) concerning courts except when the prisoner can show for further proceedings, in which case the representation in the unitary review pro- that the failure to raise or develop a claim in limitation period shall run from the date the ceedings, but if a transcript of the trial pro- the State courts is— remand is ordered. ceedings is unavailable at the time of the fil- ‘‘(A) the result of State action in violation ing of such an order in the appropriate State ‘‘(3) RULE OF CONSTRUCTION.—The time lim- of the Constitution or laws of the United court, the start of the 180-day limitation pe- itations under this section shall not be con- States; riod under section 2258 shall be deferred until strued to entitle a petitioner to a stay of ‘‘(B) the result of the Supreme Court rec- a transcript is made available to the prisoner execution, to which the petitioner would ognition of a new Federal right that is made or the prisoner’s counsel. otherwise not be entitled, for the purpose of retroactively applicable; or litigating any petition or appeal. ‘‘§ 2262. Limitation periods for determining ‘‘(C) based on a factual predicate that ‘‘(4) FAILURE TO RENDER TIMELY DETERMINA- petitions could not have been discovered through the TION.— N ENERAL exercise of due diligence in time to present ‘‘(a) I G .—The adjudication of any ‘‘(A) NO GROUND FOR RELIEF.—The failure of the claim for State postconviction review; petition under section 2254 that is subject to a court to meet or comply with a time limi- and this chapter, and the adjudication of any mo- tation under this section shall not be a ‘‘(2) conduct any requested evidentiary tion under section 2255 by a person under ground for granting relief from a judgment hearing necessary to complete the record for sentence of death, shall be given priority by of conviction or sentence. the district court and by the court of appeals habeas corpus review. ‘‘(B) ENFORCEMENT.—The government may over all noncapital matters. ‘‘(b) ADJUDICATION.—Upon the development enforce a time limitation under this section ‘‘(b) TIME LIMITATIONS FOR CONSIDERATION of a complete evidentiary record, the district by petitioning for a writ of mandamus to the BY THE DISTRICT COURTS OF HABEAS CORPUS court shall rule on the claims that are prop- court of appeals. The Court of Appeals shall PETITIONS IN CAPITAL CASES.— erly before it, but the court shall not grant act on the petition for a writ or mandamus ‘‘(1) IN GENERAL.— relief from a judgment of conviction or sen- not later than 30 days after the filing of the ‘‘(A) FINAL DETERMINATION WITHIN 180 tence on the basis of any claim that was petition. DAYS.—Except to the extent that a longer pe- fully and fairly adjudicated in State proceed- ‘‘(5) REPORT.— riod of time is required in order that each of ings. ‘‘(A) IN GENERAL.—The Administrative Of- the parties will have been accorded at least ‘‘§ 2260. Certificate of probable cause inap- fice of United States Courts shall submit to plicable as many days as provided in the rules in which to complete all actions, including Congress an annual report on the compliance ‘‘The requirement of a certificate of prob- preparation of briefs and, if necessary, a by the district courts with the time limita- able cause in order to appeal from the dis- hearing prior to the submission of the case tions under this section. trict court to the court of appeals does not for decision, a district court shall render a ‘‘(B) CONTENTS.—The report described in apply to habeas corpus cases subject to this final determination of any petition for a writ subparagraph (A) shall include copies of the chapter except when a second or successive of habeas corpus brought under this chapter orders submitted by the district courts under petition is filed. in a capital case not later than 180 days after paragraph (1)(B)(iv). ‘‘§ 2261. Application to State unitary review the date on which the petition is filed. ‘‘(c) TIME LIMITATIONS FOR CONSIDERATION procedure ‘‘(B) DELAY.—(i) A district court may delay OF DISTRICT COURT DETERMINATIONS OF HA- ‘‘(a) IN GENERAL.— for not more than one additional 180-day pe- BEAS CORPUS PETITIONS IN CAPITAL CASES.— ‘‘(1) DEFINITION.—For purposes of this sec- riod beyond the period specified in subpara- ‘‘(1) IN GENERAL.— tion, the term ‘unitary review procedure’ graph (A), the rendering of a determination ‘‘(A) FINAL DETERMINATION WITHIN 120 means a State procedure that authorizes a of a petition for a writ of habeas corpus if DAYS.—A court of appeals shall hear and person under sentence of death to raise, in the court issues a written order making a render a final determination of any appeal of the course of direct review of the judgment, finding, and stating the reasons for the find- an order granting or denying, in whole or in such claims as could be raised on collateral ing, that the ends of justice that would be part, a petition brought under this chapter attack. served by allowing the delay outweigh the in a capital case not later than 120 days after ‘‘(2) APPLICATION OF CHAPTER.—This chap- best interests of the public and the peti- the date on which the reply brief is filed, or ter shall apply, as provided in this section, in tioner in a speedy disposition of the petition. if no reply brief is filed, not later than 120 relation to a State unitary review procedure ‘‘(ii) The factors, among others, that a days after the date on which the answering if the State establishes by rule of its court of court shall consider in determining whether brief is filed. last resort or by statute a mechanism for the a delay in the disposition of a petition is ‘‘(B) HEARING EN BANC.—(i) A court of ap- appointment, compensation, and payment of warranted are as follows: peals shall decide whether to grant a peti- reasonable litigation expenses of competent ‘‘(I) Whether the failure to allow the delay tion for rehearing or other request for re- counsel in the unitary review proceedings, would be likely to result in a miscarriage of hearing en banc not later than 30 days after including expenses relating to the litigation justice. the date on which the petition for rehearing of collateral claims in the proceedings. ‘‘(II) Whether the case is so unusual or so is filed unless a responsive pleading is re- ‘‘(3) STANDARDS OF COMPETENCY.—A rule of complex, due to the number of defendants, quired, in which case the court shall decide court or statute described in paragraph (2) the nature of the prosecution, or the exist- whether to grant the petition not later than must provide standards of competency for ence of novel questions of fact or law, that it 30 days after the date on which the respon- the appointment of counsel. is unreasonable to expect adequate briefing sive pleading is filed. ‘‘(b) OFFER OF COUNSEL.— within the time limit established by sub- ‘‘(ii) If a petition for rehearing or rehear- ‘‘(1) IN GENERAL.—To qualify under this paragraph (A). ing en banc is granted, the court of appeals section, a unitary review procedure, to qual- ‘‘(III) Whether the failure to allow a delay shall hear and render a final determination ify under this section, must include an offer in a case, that taken as a whole, is not so un- of the appeal not later than 120 days after of counsel following trial for the purpose of usual or so complex as described in clause the date on which the order granting rehear- representation on unitary review, and entry (ii), would deny the petitioner reasonable ing or rehearing en banc is entered. of an order, as provided in section 2256(c), time to obtain counsel, would unreasonably ‘‘(2) APPLICATION.—The time limitations concerning appointment of counsel or waiver deny the petitioner or the government con- under paragraph (1) shall apply to— or denial of appointment of counsel for that tinuity of counsel, or would deny counsel for ‘‘(A) an initial petition for a writ of habeas purpose. the petitioner or the government the reason- corpus; January 4, 1995 CONGRESSIONAL RECORD — SENATE S 87 ‘‘(B) any second or successive petition for a and misuse of visas, permits, and other docu- ‘‘(4) the term ‘special court’ means the writ of habeas corpus; and ments),’’; court described in subsection (c) of this sec- ‘‘(C) any redetermination of a petition for (2) by redesignating paragraphs (m), (n), tion; and a writ of habeas corpus or related appeal fol- and (o) as paragraphs (n), (o), and (p), respec- ‘‘(5) the ‘special removal hearing’ means lowing a remand by the court of appeals or tively; and the hearing described in subsection (e) of the Supreme Court for further proceedings, (3) by inserting after paragraph (l) the fol- this section. in which case the limitation period shall run lowing new paragraph: ‘‘(b) APPLICATION FOR USE OF PROCE- from the date the remand is ordered. ‘‘(m) a violation of (i) section 274 of the Im- DURES.—The provisions of this section shall ‘‘(3) RULE OF CONSTRUCTION.—The time lim- migration and Nationality Act (8 U.S.C. 1324) apply whenever the Attorney General cer- itations under this section shall not be con- (relating to alien smuggling), (ii) section 277 tifies under seal to the special court that— strued to entitle a petitioner to a stay of of the Immigration and Nationality Act (8 ‘‘(1) the Attorney General or Deputy Attor- execution, to which the petitioner would U.S.C. 1327) (relating to the smuggling of ney General has approved of the proceeding otherwise not be entitled, for the purpose of aliens convicted of aggravated felonies or of under this section; litigating any petition or appeal. aliens subject to exclusion on grounds of na- ‘‘(2) an alien terrorist is physically present ‘‘(4) FAILURE TO RENDER TIMELY DETERMINA- tional security), or (iii) section 278 of the Im- in the United States; and TION.— migration and Nationality Act (8 U.S.C. 1328) ‘‘(3) removal of such alien terrorist by de- ‘‘(A) NO GROUND FOR RELIEF.—The failure of (relating to smuggling of aliens for the pur- portation proceedings described in sections a court to meet or comply with a time limi- pose of prostitution);’’. 242, 242A, or 242B would pose a risk to the na- tation under this section shall not be a (b) DEFINITION OF RACKETEERING.—Section tional security of the United States because ground for granting relief from a judgment 1961(1) of title 18, United States Code, is such proceedings would disclose classified in- of conviction or sentence. amended— formation. ‘‘(B) ENFORCEMENT.—The government may (1) by striking ‘‘or’’ before ‘‘(E) any Act’’; ‘‘(c) SPECIAL COURT.—(1) The Chief Justice enforce a time limitation under this section and of the United States shall publicly designate by applying for a writ of mandamus to the (2) by inserting after ‘‘Currency and For- up to 7 judges from up to 7 United States ju- Supreme Court. eign Transactions Reporting Act’’ the fol- dicial districts to hear and decide cases aris- ‘‘(5) REPORT.—The Administrative Office of lowing: ‘‘, or (F) any act (or conspiracy to ing under this section, in a manner consist- United States Courts shall submit to Con- commit any act) which is indictable under ent with the designation of judges described gress an annual report on the compliance by section 274(a) (1) of the Immigration and Na- in section 103(a) of the Foreign Intelligence the district courts and courts of appeals with tionality Act (8 U.S.C. 1324(a) (1)) (dealing Surveillance Act (50 U.S.C. 1803(a)). the time limitations under this section.’’. with prohibitions on bringing in and harbor- ‘‘(2) The Chief Justice may, in the Chief (b) TECHNICAL AMENDMENT.—The part anal- ing certain aliens)’’. Justice’s discretion, designate the same ysis for part IV of title 28, United States SEC. 604. AUTHORIZATION FOR INTERCEPTIONS judges under this section as are designated Code, is amended by adding after the item OF COMMUNICATIONS IN CERTAIN pursuant to section 1803(a) of title 50, United relating to chapter 153 the following new TERRORISM-RELATED OFFENSES. States Code. item: Section 2516(1)(c) of title 18, United States ‘‘(d) INVOCATION OF SPECIAL COURT PROCE- ‘‘154. Special habeas corpus pro- Code, as amended by section 703, is further DURE.—(1) When the Attorney General makes cedures in capital cases ...... 2261.’’. amended— the application described in subsection (b), a (1) in subsection (c), by inserting before single judge of the special court shall con- TITLE VI—PREVENTION OF TERRORISM ‘‘or section 1992 (relating to wrecking sider the application in camera and ex parte. SEC. 601. WILLFUL VIOLATION OF FEDERAL AVIA- trains)’’ the following: ‘‘section 2332 (relating ‘‘(2) The judge shall invoke the procedures TION ADMINISTRATION REGULA- to terrorist acts abroad), section 2332a (relat- of subsection (e), if the judge determines TIONS. ing to weapons of mass destruction), section that there is probable cause to believe that— (a) IN GENERAL.—Chapter 2 of title 18, 2339A (relating to providing material support ‘‘(A) the alien who is the subject of the ap- United States Code, as amended by section to terrorists), section 37 (relating to violence plication has been correctly identified; 60021(a) of the Violent Crime Control and at airports),’’; and ‘‘(B) a deportation proceeding described in Safe Streets Act of 1968, is amended by add- (2) by redesignating subparagraph (p) as section 242, 242A, or 242B would pose a risk to ing at the end the following new section: subparagraph (q) and adding the following the national security of the United States ‘‘§ 38. Violations of Federal aviation security new subparagraph (p): because such proceedings would disclose regulations ‘‘(p) any violation of section 956 or section classified information; and ‘‘A person who willfully violates a security 960 of title 18, United States Code (relating ‘‘(C) the threat posed by the alien’s phys- regulation under part 107 or 108 of title 14, to certain actions against foreign nations);’’. ical presence is immediate and involves the Code of Federal Regulations (relating to air- SEC. 605. PARTICIPATION OF FOREIGN AND risk of death or serious bodily harm. port and airline security) issued pursuant to STATE GOVERNMENT PERSONNEL IN ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Ex- section 44901 or 44903 of title 49, United INTERCEPTIONS OF COMMUNICA- cept as provided in paragraph (4), the special States Code, or a successor part, shall be TIONS. removal hearing authorized by a showing of fined under this title, imprisoned not more Section 2518(5) of title 18, United States probable cause described in subsection (d)(2) than 1 year, or both.’’. Code, is amended by inserting ‘‘(including shall be open to the public. (b) TECHNICAL AMENDMENT.—The chapter personnel of a foreign government or of a ‘‘(2) The alien shall have a right to be analysis for chapter 2 of title 18, United State or subdivision of a State)’’ after ‘‘Gov- present at such hearing and to be rep- States Code, as amended by section 719(b), is ernment personnel’’. resented by counsel. Any alien financially amended by adding at the end the following SEC. 606. DISCLOSURE OF INTERCEPTED COMMU- unable to obtain counsel shall be entitled to new item: NICATIONS TO FOREIGN LAW EN- have counsel assigned to represent such ‘‘38. Violations of Federal aviation security FORCEMENT AGENCIES. alien. Counsel may be appointed as described regulations.’’. Section 2510(7) of title 18, United States in section 3006A of title 18, United States Code, is amended by inserting before the Code. SEC. 602. ASSAULTS, MURDERS, AND THREATS AGAINST FORMER FEDERAL OFFI- semicolon the following: ‘‘and, for purposes ‘‘(3) The alien shall have a right to intro- CIALS IN PERFORMANCE OF OFFI- of section 2517(1)–(2), any person authorized duce evidence on his own behalf, and except CIAL DUTIES. to perform investigative, law enforcement, as provided in paragraph (4), shall have a Section 115(a)(2) of title 18, United States or prosecutorial functions by a foreign gov- right to cross-examine any witness or re- Code, is amended by inserting ‘‘, or threatens ernment’’. quest that the judge issue a subpoena for the to assault, kidnap, or murder, any person SEC. 607. ALIEN TERRORIST REMOVAL. presence of a named witness. who formerly served as a person designated The Immigration and Nationality Act (8 ‘‘(4) The judge shall authorize the intro- in paragraph (1), or’’ after ‘‘assaults, kid- U.S.C. 1101 et seq.) is amended by inserting duction in camera and ex parte of any item naps, or murders, or attempts to kidnap or the following new section: of evidence for which the judge determines murder’’. that public disclosure would pose a risk to ‘‘REMOVAL OF ALIEN TERRORISTS SEC. 603. WIRETAP AUTHORITY FOR ALIEN SMUG- the national security of the United States GLING AND RELATED OFFENSES ‘‘SEC. 242C. (a) DEFINITIONS.—As used in because it would disclose classified informa- AND INCLUSION OF ALIEN SMUG- this section— tion. GLING AS A RICO PREDICATE. ‘‘(1) the term ‘alien terrorist’ means any ‘‘(5) With respect to any evidence described (a) IN GENERAL.—Section 2516(1) of title 18, alien described in section 241(a)(4)(B); in paragraph (4), the judge shall cause to be United States Code, is amended— ‘‘(2) the term ‘classified information’ has delivered to the alien either— (1) in paragraph (c) by inserting after ‘‘sec- the same meaning as defined in section 1(a) ‘‘(A)(i) the substitution for such evidence tion 175 (relating to biological weapons),’’ of the Classified Information Procedures Act of a statement admitting relevant facts that the following: ‘‘or a felony violation under (18 U.S.C. App. IV); the specific evidence would tend to prove, or section 1028 (relating to production of false ‘‘(3) the term ‘national security’ has the (ii) the substitution for such evidence of a identification documentation), section 1542 same meaning as defined in section 1(b) of summary of the specific evidence; or (relating to false statements in passport ap- the Classified Information Procedures Act ‘‘(B) if disclosure of even the substituted plications), section 1546 (relating to fraud (18 U.S.C. App. IV); evidence described in subparagraph (A) S 88 CONGRESSIONAL RECORD — SENATE January 4, 1995 would create a substantial risk of death or would lie within if the boundaries of such (1) in subsection (c), by inserting ‘‘, ‘na- serious bodily harm to any person, a state- State, Territory, Possession, or District were tional of the United States,’ ’’ before ‘‘and’’; ment informing the alien that no such sum- extended seaward to the outer limit of the and mary is possible. territorial sea of the United States.’’. (2) in subsection (d), by striking the first ‘‘(6) If the judge determines— SEC. 609. CLARIFICATION AND EXTENSION OF sentence and inserting the following: ‘‘(A) that the substituted evidence de- CRIMINAL JURISDICTION OVER CER- ‘‘If the victim of an offense under sub- scribed in paragraph (4)(B) will provide the TAIN TERRORISM OFFENSES OVER- section (a) is an internationally protected alien with substantially the same ability to SEAS. person outside the United States, the United make his defense as would disclosure of the (a) Section 46502(b) of title 49, United States may exercise jurisdiction over the of- specific evidence, or States Code is amended— fense if (1) the victim is a representative, of- ‘‘(B) that disclosure of even the substituted (1) in paragraph (b)(1), by striking ‘‘, and ficer, employee, or agent of the United evidence described in paragraph (5)(A) would later found in the United States’’; States, (2) an offender is a national of the create a substantial risk of death or serious (2) by amending paragraph (b)(2) to read as United States, or (3) an offender is after- bodily harm to any person, follows: wards found in the United States.’’. ‘‘(2) The courts of the United States shall then the determination of deportation (de- (f) Section 1201(e) of title 18, United States have jurisdiction over the offense in para- scribed in subsection (f)) may be made pursu- Code, is amended— graph (1) if— ant to this section. (1) by striking the first sentence and in- ‘‘(A) a national of the United States was ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If serting the following: aboard the aircraft at the time of the of- the determination in subsection (e)(6)(A) has ‘‘If the victim of an offense under sub- fense; been made, the judge shall, considering the section (a) is an internationally protected ‘‘(B) an offender is a national of the United evidence on the record as a whole, require person outside the United States, the United States; or that the alien be deported if the Attorney States may exercise jurisdiction over the of- ‘‘(C) an offender is later found in the Unit- General proves, by clear and convincing evi- fense if (1) the victim is a representative, of- ed States.’’; and dence, that the alien is subject to deporta- ficer, employee, or agent of the United (3) by adding at the end the following new tion because he is an alien as described in States, (2) an offender is a national of the paragraph: section 241(a)(4)(B). United States, or (3) an offender is after- ‘‘(3) For purposes of this subsection, the ‘‘(2) If the determination in subsection wards found in the United States.’’; and term ‘national of the United States’ has the (e)(6)(B) has been made, the judge shall, con- meaning prescribed in section 101(a)(22) of (2) by adding at the end the following: sidering the evidence received (in camera the Immigration and Nationality Act (8 ‘‘For purposes of this subsection, the term and otherwise), require that the alien be de- U.S.C. 1101(a)(22)).’’. ‘national of the United States’ has the mean- ported if the Attorney General proves, by (b) Section 32(b) of title 18, United States ing prescribed in section 101(a) (22) of the Im- clear, convincing, and unequivocal evidence, Code, is amended— migration and .‘Nationality Act (8 U.S.C. that the alien is subject to deportation be- (1) by striking ‘‘, if the offender is later 1101(a) (22)).’’. cause he is an alien as described in section found in the United States,’’; and (g) Section 37(b)(2) of title 18, United 241(a)(4)(B). (2) by adding at the end the following new States Code, is amended— ‘‘(g) APPEALS.—(1) The alien may appeal a paragraphs: (1) by inserting ‘‘(A)’’ before ‘‘the offender determination under subsection (f) to the ‘‘(5) The courts of the United States shall is later found in the States’’; and court of appeals for the Federal Circuit, by have jurisdiction over an offense in this sub- (2) by inserting ‘‘or (B) an offender or a vic- filing a notice of appeal with such court section if— tim is a national of the United States (as de- within 20 days of the determination under ‘‘(A) a national of the United States was on fined in section 101(a)(22) of the Immigration such subsection. board, or would have been on board, the air- and Nationality Act, 8 U.S.C. 1101(a)(22))’’ ‘‘(2) The Attorney General may appeal a craft at the time of the offense; after ‘‘the offender is later found in the Unit- determination under subsection (d), (e), or (f) ‘‘(B) an offender is a national of the United ed States’’. to the court of appeals for the Federal Cir- States; or (h) Section 831(c)(2) of title 18, United cuit, by filing a notice of appeal with such ‘‘(C) an offender is afterwards found in the States Code, is amended by striking ‘‘the de- court within 20 days of the determination United States. fendant is a national of the United States, as under any one of such subsections. ‘‘(6) For purposes of this subsection, the defined’’ and inserting ‘‘an offender or a vic- ‘‘(3) When requested by the Attorney Gen- term ‘national of the United States’ has the tim is a national of the United States, as de- eral, the entire record of the proceeding meaning prescribed in section 101(a)(22) of fined’’. under this section shall be transmitted to the Immigration and Nationality Act (8 (i) Section 175(a) of title 18, United States the court of appeals under seal. The court of U.S.C. 1101(a) (22)).’’. Code, is amended by inserting ‘‘(as defined in appeals shall consider such appeal in camera (c) Section 1116 of title 18, United States section 101(a)(22) of the Immigration and Na- and ex parte.’’. Code, is amended— tionality Act, 8 U.S.C. 1101(a)(22))’’ after ‘‘na- SEC. 608. TERRITORIAL SEA. (1) in subsection (b), by adding at the end tional of the United States’’. (a) TERRITORIAL SEA EXTENDING TO TWELVE the following new paragraph: MILES INCLUDED IN SPECIAL MARITIME AND SEC. 610. FEDERAL AVIATION ADMINISTRATION ‘‘(7) ‘national of the United States’ has the REPORTING RESPONSIBILITY. TERRITORIAL JURISDICTION.—The Congress meaning prescribed in section 101(a)(22) of (a) IN GENERAL.—Chapter 449 of title 49, declares that all the territorial sea of the the Immigration and Nationality Act (8 United States, as defined by Presidential United States Code, is amended by inserting U.S.C. 1101(a)(22)).’’; and after section 44901 the following new section: Proclamation 5928 of December 27, 1988, is (2) in subsection (c), by striking the first part of the United States, subject to its sov- sentence and inserting the following: ‘‘§ 44901A. Discoveries of controlled sub- ereignty, and, for purposes of Federal crimi- ‘‘If the victim of an offense under sub- stances or cash in excess of $10,000 nal jurisdiction, is within the special mari- section (a) is an internationally protected ‘‘Not later than 90 days after the date of time and territorial jurisdiction of the Unit- person outside the United States, the United the enactment of this section, the Adminis- ed States wherever that term is used in title States may exercise jurisdiction over the of- trator shall issue regulations requiring em- 18, United States Code. fense if (1) the victim is a representative, of- ployees and agents referred to in subsection (b) ASSIMILATED CRIMES IN EXTENDED TER- ficer, employee, or agent of the United (a) to report to appropriate Federal and RITORIAL SEA.—Section 13 of title 18, United States, (2) an offender is a national of the State law enforcement officers any incident States Code (relating to the adoption of United States, or (3) an offender is after- in which the employee or agent, in the State laws for areas within Federal jurisdic- wards found in the United States.’’. course of conducting screening procedures tion), is amended— (d) Section 112 of title 18, United States pursuant to subsection (a), discovers a con- (1) in subsection (a), by inserting after Code, is amended— trolled substance the possession of which ‘‘title’’ the following: ‘‘or on, above, or below (1) in subsection (c), by inserting ‘‘, ‘na- may be a violation of Federal or State law, any portion of the territorial sea of the Unit- tional of the United States,’ ’’ before ‘‘and’’; or any sizable sums of cash in excess of ed States not within the territory of any and $10,000 the possession of which may be a vio- State, Territory, Possession, or District’’; (2) in subsection (e), by striking the first lation of Federal or State law.’’. and sentence and inserting the following: (b) TECHNICAL AMENDMENT.—The analysis (2) by adding at the end the following new ‘‘If the victim of an offense under sub- for chapter 449 of title 49, United States subsection: section (a) is an internationally protected Code, is amended by inserting after the item ‘‘(c) Whenever any waters of the territorial person outside the United States, the United relating to section 44901 the following new sea of the United States lie outside the terri- States may exercise jurisdiction over the of- item: tory of any State, Territory, Possession, or fense if (1) the victim is a representative, of- District, such waters (including the airspace ficer, employee, or agent of the United ‘‘44901A. Discoveries of controlled substances above and the seabed and subsoil below, and States, (2) an offender is a national of the or cash in excess of $10,000.’’. artificial islands and fixed structures erected United States, or (3) an offender is after- thereon) shall be deemed for purposes of sub- wards found in the United States.’’. SEC. 611. INFORMATION TRANSFER. section (a) to lie within the area of that (e) Section 878 of title 18, United States Section 245A(c)(5)(C) of the Immigration State, Territory, Possession, or District it Code, is amended— and Nationality Act (8 U.S.C. 1255a(c)(5)(C)) January 4, 1995 CONGRESSIONAL RECORD — SENATE S 89 is amended by striking ‘‘except that the At- needed to improve the effectiveness of such law enforcement position in the Department torney General’’ and all that follows through section. of Defense to arrest outside the United ‘‘section 8 of title 13, United States Code.’’ SEC. 614. INCREASED PENALTIES FOR TERROR- States any person described in subsection (a) and inserting ‘‘except that the Attorney ISM CRIMES. of this section who there is probable cause to General— (a) Title 18, United States Code, is amend- believe engaged in conduct which constitutes ‘‘(i) may authorize an application to a Fed- ed— a criminal offense under such section. eral court of competent jurisdiction for, and (1) in section 114, by striking ‘‘maim or dis- ‘‘(2) A person arrested under paragraph (1) a judge of such court may grant, an order au- figure’’ and inserting ‘‘torture, maim, or dis- of this section shall be released to the cus- thorizing disclosure of information con- figure’’; and tody of civilian law enforcement authorities tained in the application of the alien (as a (2) in section 371, by striking ‘‘$10,000 or of the United States for removal to the Unit- result of an investigation of the alien by an imprisoned not more than five years’’ and in- ed States for judicial proceedings in relation investigative officer or law enforcement offi- serting ‘‘$10,000 in excess of the monetary to conduct referred to in such paragraph un- cer) that is necessary to locate and identify gain from the conspiracy, or imprisoned not less— the alien if— more than twenty years’’; ‘‘(A) such person is delivered to authorities ‘‘(I) such disclosure may result in the dis- (3) in section 755— of a foreign country under section 3262 of covery of information leading the location (A) by striking ‘‘$2,000’’ and inserting this title; or and identity of the alien; and ‘‘$5,000’’; ‘‘(B) such person has had charges preferred ‘‘(II) such disclosure (and the information (B) by striking ‘‘two years’’ and inserting against him under chapter 47 of title 10 for discovered as a result of such disclosure) will ‘‘five years’’; and such conduct. be used only for criminal law enforcement (C) by striking ‘‘$500’’ and inserting purposes as against the alien whose file is ‘‘$1,000’’; ‘‘§ 3262. Delivery to authorities of foreign being accessed; (4) in section 756, by striking ‘‘$1,000 or im- countries ‘‘(ii) may furnish information under this prisoned not more than one year’’ and insert- ‘‘(a) Any person designated and authorized section with respect to an alien to an official ing ‘‘$5,000 or imprisoned not more than five under section 3261(d) of this title may deliver coroner (upon the written request of the cor- years’’; a person described in section 3261(a) of this oner) for the purposes of permitting the cor- (5) in section 878(a), by striking ‘‘by kill- title to the appropriate authorities of a for- oner to identify a deceased individual; and ing, kidnapping, or assaulting a foreign offi- eign country in which such person is alleged ‘‘(iii) may provide, in the Attorney Gen- cial, official guest, or internationally pro- to have engaged in conduct described in such eral’s discretion, for the furnishing of infor- tected person’’; subsection (a) of this section if— mation furnished under this section in the (6) in section 1113, by striking ‘‘three years ‘‘(1) the appropriate authorities of that same manner and circumstances as census or fined’’ and inserting ‘‘seven years’’; country request the delivery of the person to information may be disclosed to the Sec- (7) in section 1114, by inserting ‘‘any mem- such country for trial for such conduct as an retary of Commerce under section 8 of title ber of the United States Armed Forces who offense under the laws of that country; and 13, United States Code.’’. is engaged in noncombat related official ac- ‘‘(2) the delivery of such person to that SEC. 612. EXTRADITION. tivities,’’ after ‘‘such marshal or deputy country is authorized by a treaty or other (a) SCOPE.—Section 3181 of title 18, United marshal’’; international agreement to which the United States Code, is amended— (8) in section 1116(a), by inserting ‘‘or to States is a party. (1) by inserting ‘‘(a)’’ before ‘‘The provi- death,’’ after ‘‘imprisonment for life,’’; and ‘‘(b) The Secretary of Defense shall deter- sions of this chapter’’; and (9) in section 2332(c), by striking ‘‘five’’ and mine what officials of a foreign country con- (2) by adding at the end the following new inserting ‘‘ten’’. stitute appropriate authorities for the pur- subsections: (b) Section 1472(l)(1) of title 49 App., United pose of this section. ‘‘(b) The provisions of this chapter shall be States Code is amended by striking ‘‘one’’ ‘‘§ 3263. Regulations and inserting ‘‘ten’’. construed to permit, in the exercise of com- ‘‘The Secretary of Defense shall issue regu- SEC. 615. CRIMINAL OFFENSES COMMITTED OUT- ity, the surrender of persons, other than citi- lations governing the apprehension, deten- zens, nationals, or permanent residents of SIDE THE UNITED STATES BY PER- SONS ACCOMPANYING THE ARMED tion, and removal of persons under this chap- the United States, who have committed FORCES. ter. Such regulations shall be uniform crimes of violence against nationals of the (a) Title 18, United States Code, is amend- throughout the Department of Defense. United States in foreign countries without ed by inserting after chapter 211 the follow- regard to the existence of any treaty of ex- ‘‘§ 3264. Definitions for chapter ing: tradition with such foreign government if ‘‘As used in this chapter— the Attorney General certifies, in writing, ‘‘CHAPTER 212—CRIMINAL OFFENSES ‘‘(1) a person is ‘employed by the armed that— COMMITTED OUTSIDE THE UNITED forces outside the United States’ if he or she ‘‘(1) evidence has been presented by the for- STATES is employed as a civilian employee of a mili- eign government that indicates that had the ‘‘§ 3261. Criminal offenses committed by per- tary department, as a Department of Defense offenses been committed in the United sons formerly serving with, or presently contractor, or as an employee of a Depart- States, they would constitute crimes of vio- employed by or accompanying, the Armed ment of Defense contractor, is present or re- lence as defined under section 16 of this title; Forces outside the United States siding outside the United States in connec- and ‘‘(a) Whoever, while serving with, em- tion with such employment, and is not a na- ‘‘(2) the offenses charged are not of a polit- ployed by, or accompanying the Armed tional of the host nation. ical nature. Forces outside the United States, engages in ‘‘(2) a person is ‘accompanying the armed ‘‘(c) As used in this section, the term ‘na- conduct which would constitute an offense forces outside the United States’ if he or she tional of the United States’ has the meaning punishable by imprisonment for more than is a dependent of a member of the armed stated in section 101(a)(22) of the Immigra- one year if the conduct had been engaged in forces and is residing with the member out- tion and Nationality Act (8 U.S.C. within the special maritime and territorial side the United States.’’. 1101(a)(22)).’’. jurisdiction of the United States, shall be (b) The table of chapters at the beginning (b) FUGITIVES.—Section 3184 of title 18, guilty of a like offense and subject to a like of part II of title 18, United States Code, is United States Code, is amended— punishment. amended by inserting after the item relating (1) in the first sentence by inserting after ‘‘(b) Nothing contained in this chapter de- to chapter 211 the following: ‘‘United States and any foreign govern- prives courts-martial, military commissions, ‘‘212. Criminal Offenses Committed ment,’’ the following: ‘‘or in cases arising provost courts, or other military tribunals of Outside the United States ...... 3261’’. under section 3181(b),’’; concurrent jurisdiction with respect of of- (2) in the first sentence by inserting after fenders or offenses that by statute or by the TITLE VII—MISCELLANEOUS AND ‘‘treaty or convention,’’ the following: ‘‘or law of war may be tried by courts-martial, TECHNICAL PROVISIONS provided for under section 3181(b),’’; and military commissions, provost courts, or Subtitle A—Elimination of Certain Programs (3) in the third sentence by inserting after other military tribunals. SEC. 701. ELIMINATION OF INEFFECTIVE PRO- ‘‘treaty or convention,’’ the following: ‘‘or ‘‘(c) No prosecution may be commenced GRAMS. under section 3181(b),’’. under this section if a foreign government, Subtitles A through S and subtitles U and SEC. 613. FEDERAL BUREAU OF INVESTIGATION in accordance with jurisdiction recognized X of title III, title V, and title XXVII of the REPORT. by the United States, has prosecuted or is Violent Crime Control and Law Enforcement Not later than January 31, 1997, the Direc- prosecuting such person for the conduct con- Act of 1994, and the amendments made there- tor of the Director of the Federal Bureau of stituting such offense, except upon the ap- by, are repealed. Investigations shall report to Congress on proval of the Attorney General of the United the effectiveness of section 2339A of title 18, States or the Deputy Attorney General of Subtitle B—Amendments Relating to Violent United States Code (as added by section the United States (or a person acting in ei- Crime Control 120005(a) of the Violent Crime Control and ther such capacity), which function of ap- SEC. 711. VIOLENT CRIME AND DRUG EMER- Law Enforcement Act of 1994). The report proval may not be delegated. GENCY AREAS REPEAL. shall include any recommendations of the ‘‘(d)(1) The Secretary of Defense may des- Section 90107 of the Violent Crime Control Director for changes in existing law that are ignate and authorize any person serving in a and Law Enforcement Act of 1994 is repealed. S 90 CONGRESSIONAL RECORD — SENATE January 4, 1995

SEC. 712. EXPANSION OF 18 U.S.C. 1959 TO COVER fined under this title or (i) if death results ‘‘(a) IN GENERAL.—A United States marshal COMMISSION OF ALL VIOLENT from such act, be imprisoned for any term of charged with supervising the implementa- CRIMES IN AID OF RACKETEERING years or for life, or both; (ii) if serious bodily tion of a sentence of death shall use appro- ACTIVITY AND INCREASED PEN- ALTIES. injury (as defined in section 1365 of this title) priate Federal facilities for the purpose.’’. Section 1959(a) of title 18, United States results from such act, be imprisoned for not Subtitle C—Amendments Relating to Courts Code, is amended— more than twenty years, or both; or (iii) in and Sentencing (1) by inserting ‘‘or commits any other any other case, be imprisoned for not more than five years, or both’’. SEC. 731. ALLOWING A REDUCTION OF SENTENCE crime of violence’’ before ‘‘or threatens to FOR PROVIDING USEFUL INVESTIGA- SEC. 716. PRETRIAL DETENTION FOR POSSES- commit a crime of violence against’’; TIVE INFORMATION ALTHOUGH NOT SION OF FIREARMS OR EXPLOSIVES (2) in paragraph (4) by inserting ‘‘commit- REGARDING A PARTICULAR INDIVID- BY CONVICTED FELONS. ting any other crime of violence or for’’ be- UAL. Section 3156(a)(4) of title 18, United States fore ‘‘threatening to commit a crime of vio- Section 3553(e) of title 18, United States Code, is amended— lence’’, and by striking ‘‘five’’ and inserting Code, section 994(n) of title 28, United States (1) by striking ‘‘or’’ at the end of subpara- ‘‘ten’’; Code, and Rule 35(b) of the Federal Rules of graph (B); (3) in paragraph (5) by striking ‘‘ten’’ and Criminal Procedure are each amended by (2) by striking the period at the end of sub- inserting ‘‘twenty’’; striking ‘‘substantial assistance in the inves- paragraph (C) and inserting ‘‘; or’’; and (4) in paragraph (6) by striking ‘‘or’’ before tigation or prosecution of another person (3) by adding after subparagraph (C) the ‘‘assault resulting in serious bodily injury,’’, who has committed an offense’’ and inserting following new subparagraph: by inserting ‘‘or any other crime of vio- ‘‘substantial assistance in an investigation ‘‘(D) an offense that is a violation of sec- lence’’ after those same words, and by strik- of any offense or the prosecution of another tion 842(i) or 922(g) of this title (relating to ing ‘‘three’’ and inserting ‘‘ten’’; and person who has committed an offense’’. possession of explosives or firearms by con- (5) by inserting ‘‘(as defined in section 1365 victed felons).’’. SEC. 732. APPEALS FROM CERTAIN DISMISSALS. of this title)’’ after ‘‘serious bodily injury’’ Section 3731 of title 18, United States Code, the first place it appears. SEC. 717. ELIMINATION OF UNJUSTIFIED SCIENTER ELEMENT FOR is amended by inserting ‘‘or any part there- SEC. 713. AUTHORITY TO INVESTIGATE SERIAL CARJACKING. of’’ after ‘‘as to any one or more counts’’. KILLINGS. Section 2119 of title 18, United States Code, (a) Chapter 33 of title 28, United States SEC. 733. ELIMINATION OF OUTMODED CERTIFI- is amended by striking ‘‘, with the intent to CATION REQUIREMENT FROM THE Code, is amended by adding after section 537 cause death or serious bodily harm’’. GOVERNMENT APPEAL STATUTE. the following new section: SEC. 718. THEFT OF VESSELS. Section 3731 of title 18, United States Code, ‘‘§ 538. Investigation of serial killings (a) Section 2311 of title 18, United States is amended in the second paragraph by strik- ‘‘The Attorney General and the Federal Code, is amended by adding at the end the ing ‘‘, if the United States attorney certifies Bureau of Investigation may investigate se- following: to the district court that the appeal is not rial killings in violation of the laws of a ‘‘ ‘Vessel’ means any watercraft or other taken for purpose of delay and that the evi- State or political subdivision, when such in- contrivance used or designed for transpor- dence is a substantial proof of a fact mate- vestigation is requested by the head of a law tation or navigation on, under, or imme- rial in the proceeding’’. enforcement agency with investigative or diately above, water.’’; SEC. 734. CLARIFICATION OF MEANING OF OFFI- prosecutive jurisdiction over the offense. For (b) Sections 2312 and 2313 of title 18, United CIAL DETENTION FOR PURPOSES OF purposes of this section— States Code, are each amended by striking CREDIT FOR PRIOR CUSTODY. ‘‘(1) the term ‘serial killings’ means a se- ‘‘motor vehicle or aircraft’’ and inserting Section 3585(b) of title 18, United States ries of three or more killings, at least one of ‘‘motor vehicle, vessel, or aircraft’’. Code, is amended by adding at the end: ‘‘For which was committed within the United SEC. 719. CLARIFICATION OF AGREEMENT RE- purposes of this subsection, ‘official deten- States, having common characteristics such QUIREMENT FOR RICO CONSPIRACY. tion’ does not include detention at a commu- as to suggest the reasonable possibility that Section 1962(d) of title 18, United States nity-based treatment or correctional facil- the crimes were committed by the same Code, is amended by adding at the end ‘‘For ity.’’. actor or actors; purposes of this subsection, it is not nec- SEC. 735. LIMITATION ON REDUCTION OF SEN- ‘‘(2) ‘killing’ means conduct that would essary to establish that the defendant agreed TENCE FOR SUBSTANTIAL ASSIST- constitute an offense under section 1111 of personally to commit any acts of racketeer- ANCE OF DEFENDANT. title 18, United States Code, if Federal juris- ing activity.’’ (a) Section 994(n) of title 18, United States diction existed; SEC. 720. ADDITION OF ATTEMPT COVERAGE FOR Code, is amended by adding the following at ‘‘(3) and section 540, ‘State’ means a State INTERSTATE DOMESTIC VIOLENCE the end thereof: ‘‘The power to reduce a sen- of the United States, the District of Colum- OFFENSE. tence under this section authorizes a court bia, and any commonwealth, territory, or Section 2261(a) of title 18, United States to impose a sentence that is below a level es- possession of the United States.’’. Code, is amended— tablished by statute as a minimum sentence (b) The table of contents for chapter 33 of (1) in subsection (a)(1) by inserting ‘‘or at- only on motion of the government specifi- title 28, United States Code, is amended by tempts to do so,’’ after ‘‘thereby causes bod- cally seeking reduction below such level.’’. inserting after the item for section 537 the ily injury to such spouse or intimate part- (b) Rule 35(b) of the Federal Rules of following: ner,’’; and Criminal Procedure is amended by adding ‘‘538. Investigation of serial killings.’’. (2) in subsection (a)(2) by inserting ‘‘or at- ‘‘only if the motion of the government spe- SEC. 714. FIREARMS AND EXPLOSIVES CONSPIR- tempts to do so,’’ after ‘‘thereby causes bod- cifically seeks reduction below such level’’ ACY. ily injury to the person’s spouse or intimate after ‘‘minimum sentence’’. (a) Section 924 of title 18, United States partner,’’. SEC. 736. IMPROVEMENT OF HATE CRIMES SEN- Codes, is amended by adding at the end the SEC. 721. ADDITION OF FOREIGN MURDER AS A TENCING PROCEDURE. following new subsection: MONEY LAUNDERING PREDICATE. Section 280003(b) of Public Law 103–322 is ‘‘(o) Except as otherwise provided in this Section 1956(c)(7)(B)(ii) of title 18, United amended by striking ‘‘the finder of fact at section, a person who conspires to commit States Code, is amended by inserting ‘‘mur- trial’’ and inserting ‘‘the court at sentenc- any offense defined in this chapter shall be der,’’ before ‘‘kidnapping’’. ing’’. SEC. 722. ASSAULTS OR OTHER CRIMES OF VIO- subject to the same penalties (other than the SEC. 737. CLARIFICATION OF LENGTH OF SUPER- LENCE FOR HIRE. penalty of death) as those prescribed for the VISED RELEASE TERMS IN CON- offense the commission of which was the ob- Section 1958(a) of title 18, United States TROLLED SUBSTANCE CASES. ject of the conspiracy.’’. Code, is amended by inserting ‘‘or other fel- Sections 401(b)(1) (A), (B), (C), and (D) of (b) Section 844 of title 18, United States ony crime of violence against the person’’ the Controlled Substances Act (21 U.S.C. Code, is amended by adding at the end the after ‘‘murder’’. 841(b)(1) (A), (B), (C), and (D)) are each following new subsection: SEC. 723. THREATENING TO USE A WEAPON OF amended by striking ‘‘Any sentence’’ and in- ‘‘(n) Except as otherwise provided in this MASS DESTRUCTION. serting ‘‘Notwithstanding section 3583 of section, a person who conspires to commit Section 2332a(a) of title 18, United States title 18, any sentence’’. any offense defined in this chapter shall be Code, is amended by inserting ‘‘or threatens’’ before ‘‘or attempts or conspires to use, a SEC. 738. AUTHORITY OF COURT TO IMPOSE A subject to the same penalties (other than the SENTENCE OF PROBATION OR SU- penalty of death) as those prescribed for the weapon of mass destruction’’. PERVISED RELEASE WHEN REDUC- offense the commission of which was the ob- SEC. 724. TECHNICAL AMENDMENTS. ING A SENTENCE OF IMPRISONMENT ject of the conspiracy.’’. Section 60002 of the Violent Crime Control IN CERTAIN CASES. SEC. 715. INCREASED PENALTIES FOR VIOLENCE and Law Enforcement Act of 1994 is amend- Section 3582(c)(1)(A) of title 18, United IN THE COURSE OF RIOT OFFENSES. ed— States Code, is amended by inserting ‘‘(and Section 2101(a) of title 18, United States (1) by striking the words ‘‘pursuant to this may impose a sentence of probation or super- Code, is amended by striking ‘‘Shall be fined chapter’’ in section 3596 of title 18; and vised release with or without conditions)’’ under this title, or imprisoned not more than (2) by striking section 3597(a) of title 18 and after ‘‘may reduce the term of imprison- five years, or both’’ and inserting ‘‘Shall be replacing it with: ment’’. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 91 SEC. 739. EXTENSION OF PAROLE COMMISSION (5) Section 658 of title 18, United States (4) Section 513(a) of title 18, United States TO DEAL WITH ‘‘OLD LAW’’ PRIS- Code, is amended by inserting ‘‘or attempts Code, is amended by inserting ‘‘or attempts ONERS. so to remove, dispose of, or convert,’’ before to utter,’’ after ‘‘utters’’. For the purposes of section 235(b) of Public ‘‘any property’’. Law 98–473 as it relates to chapter 311 of title SEC. 753. CLARIFICATION OF SCIENTER RE- (6) Section 659 of title 18, United States QUIREMENT FOR RECEIVING PROP- 18, United States Code, and the United Code, is amended— ERTY STOLEN FROM AN INDIAN States Parole Commission, each reference in (A) in the first and third paragraphs by in- TRIBAL ORGANIZATION. such section to ‘‘ten years’’ or a ‘‘ten-year serting ‘‘or attempts to embezzle, steal, or so Section 1163 of title 18, United States Code, period’’ shall be deemed a reference to ‘‘fif- take or carry away,’’ after ‘‘carries away,’’; is amended in the second paragraph by strik- teen years’’ or a ‘‘fifteen-year period’’, re- and ing ‘‘so’’. spectively. Notwithstanding the provisions (B) in the fourth paragraph by inserting of section 4203 of title 18, United States Code, SEC. 754. LARCENY INVOLVING POST OFFICE ‘‘or attempts to embezzle, steal, or so take,’’ the United States Parole Commission is au- BOXES AND POSTAL STAMP VEND- before ‘‘from any railroad car’’. ING MACHINES. thorized to perform its functions with any (7) Section 661 of title 18, United States Section 2115 of title 18, United States Code, quorum of Commissioners, or Commissioner, is amended— currently holding office, as the Commission Code, is amended— may prescribe by regulation. (A) by inserting ‘‘or attempts so to take (1) by striking ‘‘or’’ before ‘‘any building’’; and carry away,’’ before ‘‘any personal prop- (2) by inserting ‘‘or any post office box or SEC. 740. CONFORMING AMENDMENTS RELATING TO SUPERVISED RELEASE. erty’’; and postal stamp vending machine within such a (a) Sections 1512(a)(1)(C), 1512(b)(3), (B) by inserting ‘‘or attempted to be building,’’ after ‘‘used in whole or in part as 1512(c)(2), 1513 (a)(1)(B), and 1513 (b)(2) are taken’’ after ‘‘taken’’ each place it appears; a post office,’’; and each amended by striking ‘‘violation of con- (8) Section 664 of title 18, United States (3) by inserting ‘‘or in such box or ma- ditions of probation, parole or release pend- Code, is amended by inserting ‘‘or attempts chine,’’ after ‘‘so used’’. ing judicial proceedings’’ and inserting ‘‘vio- to embezzle, steal, or so abstract or con- SEC. 755. CONFORMING AMENDMENT TO LAW lation of conditions of probation, supervised vert,’’ before ‘‘any of the moneys’’. PUNISHING OBSTRUCTION OF JUS- release, parole, or release pending judicial (9) Section 665(a) of title 18, United States TICE BY NOTIFICATION OF EXIST- proceedings’’. Code, is amended— ENCE OF A SUBPOENA FOR RECORDS IN CERTAIN TYPES OF IN- (b) Section 3142 of title 18, United States (A) by inserting ‘‘, or attempts to embez- zle, so misapply, steal, or obtain by fraud,’’ VESTIGATIONS. Code, is amended— Section 1510(b)(3)(B) of title 18, United (1) in subsection (d)(1), by inserting ‘‘, su- before ‘‘any of the moneys’’; and States Code, is amended— pervised release,’’ after ‘‘probation’’; and (B) by inserting ‘‘or attempted to be em- (1) by striking ‘‘or’’ at the end of subpara- (2) in subsection (g)(3), by inserting ‘‘or su- bezzled, misapplied, stolen, or obtained by graph (i); pervised release’’ after ‘‘probation’’. fraud’’ after ‘‘obtained by fraud’’. (10) Section 666(a)(1)(A) of title 18, United (2) by striking the period and inserting ‘‘; SEC. 741. REPEAL OF OUTMODED PROVISIONS or’’ at the end of subparagraph (ii); and BARRING FEDERAL PROSECUTION States Code, is amended by inserting ‘‘or at- OF CERTAIN OFFENSES. tempts to embezzle, steal, obtain by fraud, or (3) by adding the following new subpara- (a) Sections 659 and 2117 of title 18, United so convert or misapply,’’ before ‘‘property’’. graph: States Code, are each amended by striking (11) Section 1025 of title 18, United States ‘‘(iii) the Controlled Substances Act, the the first sentence of the last undesignated Code, is amended— Controlled Substances Import and Export paragraph; (A) by inserting ‘‘or attempts to obtain’’ Act, or section 60501 of the Internal Revenue (b) Sections 660 and 1992 of title 18, United after ‘‘obtains’’; and Code of 1986.’’. States Code, are each amended by striking (B) by inserting ‘‘or attempted to be ob- SEC. 756. CLOSING LOOPHOLE IN OFFENSE OF the last undesignated paragraph; tained’’ after ‘‘obtained’’. ALTERING OR REMOVING MOTOR (c) Section 2101 of title 18, United States (12) Section 1163 of title 18, United States VEHICLE IDENTIFICATION NUM- Code, is amended by striking subsection (c) Code, is amended by inserting ‘‘attempts so BERS. and by redesignating subsections (d), (e), and to embezzle, steal, convert, or misapply,’’ Section 511(c)(1) of title 18, United States (f) as subsections (c), (d), and (e), respec- after ‘‘willfully misapplies,’’. Code, is amended — tively; (13) Sections 1167 (a) and (b) of title 18, (1) by inserting ‘‘(i)’’ after ‘‘for purposes of (d) Section 80a–36 of title 15, United States United States Code, are each amended by in- identification’’; and Code, is amended by striking the last sen- serting ‘‘or attempts so to abstract, purloin, (2) by inserting before the semicolon ‘‘or tence; misapply, or take and carry away,’’ before ‘‘(ii) which can be correlated to a particu- (e) Section 1282 of title 15, United States ‘‘any money’’. lar motor vehicle or part’’. Code, is repealed. (14) Sections 1168 (a) and (b) of title 18, SEC. 757. APPLICATION OF VARIOUS OFFENSES Subtitle D—Miscellaneous Amendments United States Code, are each amended by in- TO POSSESSIONS AND TERRITORIES. SEC. 751. CONFORMING ADDITION TO OBSTRUC- serting ‘‘or attempts so to embezzle, ab- (a) Sections 241 and 242 of title 18, United TION OF CIVIL INVESTIGATIVE DE- stract, purloin, misapply, or take and carry States Code, are each amended by striking MAND STATUTE. away,’’ before ‘‘any moneys,’’. ‘‘any State, Territory, or District’’ and in- Section 1505 of title 18, United States Code, (15) Section 1707 of title 18, United States serting ‘‘any State, Territory, Common- is amended by inserting ‘‘section 1968 of this Code, is amended by inserting ‘‘, or attempts wealth, Possession, or District’’. title or’’ before ‘‘the Antitrust Civil Process to steal, purloin, or embezzle,’’ before ‘‘any (b) Sections 793(h)(1) and 794(d)(1) of title Act’’. property’’ and by inserting ‘‘or attempts to 18, United States Code, are each amended by SEC. 752. ADDITION OF ATTEMPTED THEFT AND appropriate’’ after ‘‘appropriates’’. adding at the end the following: ‘‘For the COUNTERFEITING OFFENSES TO (16) Section 1708 of title 18, United States purposes of this subsection, the term ‘State’ ELIMINATE GAPS AND INCONSIST- Code, is amended in the second paragraph by includes a State of the United States, the ENCIES IN COVERAGE. inserting ‘‘or attempts to steal, take, or ab- District of Columbia, and any common- (a)(1) Section 153 of title 18, United States stract,’’ after ‘‘abstracts,’’ and by inserting wealth, territory, or possession of the United Code, is amended by inserting ‘‘, or attempts ‘‘, or attempts so to obtain,’’ after ‘‘obtains’’. States.’’. so to appropriate, embezzle, spend or trans- (17) Section 1709 of title 18, United States (c) Section 925(a)(5) of title 18, United fer,’’ before ‘‘any property’’. Code is amended— States Code, is amended by striking ‘‘For the (2) Section 641 of title 18, United States (A) by inserting ‘‘or attempts to embezzle’’ purpose of paragraphs (3) and (4)’’ and insert- Code, is amended by striking ‘‘or’’ at the end after ‘‘embezzles’’; and ing ‘‘For the purpose of paragraph (3)’’. of the first paragraph and by inserting after (B) by inserting ‘‘, or attempts to steal, ab- (d) Sections 1014 and 2113(g) of title 18, such paragraph the following: ‘‘Whoever at- stract, or remove,’’ after ‘‘removes’’. United States Code, are each amended by tempts to commit an offense described in the (18) Section 2113(b) of title 18, United adding at the end the following: ‘‘The term preceding paragraph; or’’. States Code, is amended by inserting ‘‘or at- ‘State-chartered credit union’ includes a (3) Section 655 of title 18, United States tempts so to take and carry away,’’ before credit union chartered under the laws of a Code, is amended by inserting ‘‘or attempts ‘‘any property’’ each place it appears. State of the United States, the District of to steal or so take,’’ after ‘‘unlawfully (b)(1) Section 477 of title 18, United States Columbia, or any commonwealth, territory, takes,’’. Code, is amended by inserting ‘‘, or attempts or possession of the United States.’’. (4) Sections 656 and 657 of title 18, United so to sell, give, or deliver,’’ before ‘‘any such (e) Section 1073 of title 18, United States States Code, are each amended— imprint’’. Code, is amended by adding at the end of the (A) by inserting ‘‘, or attempts to embez- (2) Section 479 of title 18, United States first paragraph the following: ‘‘For the pur- zle, abstract, purloin, or willfully misapply,’’ Code, is amended by inserting ‘‘or attempts poses of clause (3) of this paragraph, the after ‘‘willfully misapplies’’; and to utter or pass,’’ after ‘‘passes,’’. term ‘State’ includes a State of the United (B) by inserting ‘‘or attempted to be em- (3) Section 490 of title 18, United States States, the District of Columbia, and any bezzled, abstracted, purloined, or mis- Code, is amended by inserting ‘‘attempts to commonwealth, territory, or possession of applied’’ after ‘‘misapplied’’. pass, utter, or sell,’’ before ‘‘or possesses’’. the United States.’’. S 92 CONGRESSIONAL RECORD — SENATE January 4, 1995 (f) Section 1715 of title 18, United States SEC. 760. ACCESS TO CERTAIN RECORDS. (B) in paragraphs (a)(1) and (a)(2) by insert- Code, is amended by striking ‘‘State, Terri- Section 551 of title 47, United States Code, ing ‘‘or death’’ after ‘‘and thereby causes tory, or District’’ each place those words ap- is amended by adding at the end the follow- bodily injury’’. pear and inserting ‘‘State, Territory, Com- ing new subsection: (2) Section 2262 of title 18, United States monwealth, Possession, or District’’. ‘‘(i) LIMITED EXCEPTION FOR FEDERAL Code, is amended— (g) Section 1716 of title 18, United States GRAND JURY PROCEEDING.—Nothing in this (A) in paragraph (a)(1) by inserting ‘‘or Code, is amended— section shall apply to any subpoena or court death’’ after ‘‘bodily injury’’; and (1) in subsection (g)(2) by striking ‘‘State, order issued to a cable operator for basic (B) in paragraph (a)(2) by striking ‘‘com- Territory, or the District of Columbia’’ and subscriber information in connection with mits an act that injures’’ and inserting inserting ‘‘State’’; proceedings before a Federal grand jury. A ‘‘commits an act that causes bodily injury or (2) in subsection (g)(3) by striking ‘‘the mu- court shall have authority to order a cable death to’’. operator not to notify the subscriber of the nicipal government of the District of Colum- SEC. 763. TECHNICAL AMENDMENTS. existence of a subpoena or court order to bia or of the government of any State or ter- (a) Section 112 of title 18, United States ritory, or any county, city or other political which this subsection is applicable. For pur- poses of this subsection, the term ‘basic sub- Code, is amended by striking ‘‘fined not subdivision of a State’’ and inserting ‘‘any more than $10,000’’ and inserting ‘‘fined State, or any political subdivision of a scriber information’ means information stat- ing whether or not a person is or was a sub- under this title’’. State’’; and (b) Sections 152, 153, and 154 of title 18, (3) by inserting a new subsection (j), as fol- scriber and the name and address (past or present) of a subscriber.’’ United States Code, are each amended by lows: striking ‘‘fined not more than $5,000’’ and in- SEC. 761. CLARIFICATION OF INAPPLICABILITY ‘‘(j) For purposes of this section, the term serting ‘‘fined under this title’’. ‘State’ includes a State of the United States, OF 18 U.S.C. 2515 TO CERTAIN DIS- CLOSURES. (c) Section 970 of title 18, United States the District of Columbia, and any common- Code, is amended by striking ‘‘fined not wealth, territory, or possession of the United Section 2515 of title 18, United States Code, is amended by adding at the end the follow- more than $500’’ and inserting ‘‘fined under States.’’. this title’’. (h) Section 1761 of title 18, United States ing: ‘‘This section shall not apply to the dis- closure by the United States, a State, or po- (d) Sections 922 (a)(2) and (a)(3) of title 18, Code, is amended by adding at the end a new United States Code, are each amended by subsection, as follows: litical subdivision in a criminal trial or hearing or before a grand jury of the con- striking ‘‘subsection (B)(3)’’ and inserting ‘‘(d) For the purposes of this section, the ‘‘subsection (b)(3)’’. term ‘State’ means a State of the United tents of a wire or oral communication, or evidence derived therefrom, the interception (e) Section 844(h) of title 18, United States States and any commonwealth, territory, or Code, is amended— possession of the United States.’’. of which was in violation of section 2511(2) (d) (relating to certain interceptions not (1) by striking ‘‘be sentenced to imprison- (i) Section 3156(a) of title 18, United States ment for 5 years but not more than 15 years’’ Code, is amended— under color of law).’’. SEC. 762. CLARIFYING OR CONFORMING AMEND- and inserting ‘‘be sentenced to imprisonment (1) by striking ‘‘and’’ at the end of para- for a minimum of 5 and a maximum of 15 graph (3); MENTS ARISING FROM THE ENACT- MENT OF PUBLIC LAW 103–322. years’’; and (2) by striking the period and inserting ‘‘; (2) by striking ‘‘be sentenced to imprison- and’’ at the end of paragraph (4); and (a) Section 3286 of title 18, United States Code, is amended by striking ‘‘any offense’’ ment for 10 years but not more than 25 (3) by adding a new paragraph (5), as fol- years’’ and inserting ‘‘be sentenced to im- lows: and inserting ‘‘any non-capital offense’’. (b) Section 5032 of title 18, United States prisonment for a minimum of 10 and a maxi- ‘‘(5) the term ‘State’ includes a State of mum of 25 years’’. the United States, the District of Columbia, Code, is amended by striking ‘‘1111, 1113’’ and inserting ‘‘1111, 1112, 1113’’. (f) Section 3582(c)(1)(A)(i) of title 18, United and any commonwealth, territory, or posses- States Code, is amended by inserting ‘‘or’’ sion of the United States.’’. (c) Section 81 of title 18, United States Code, is amended by striking ‘‘fined under after the semicolon. (j) Section 102(26) of the Controlled Sub- (g) Section 2516(1)(l) of title 18, United stances Act (21 U.S.C. 802(26)) is amended to this title or imprisoned not more than five years’’ and inserting ‘‘imprisoned not more States Code, is amended by striking ‘‘or’’ read as follows: after the semicolon. ‘‘(26) the term ‘State’ means a State of the than twenty years or fined the greater of the fine under this title or the cost of repairing (h) Section 5032 of title 18, United States United States, the District of Columbia and Code, is amended by inserting ‘‘or as author- any commonwealth, territory, or possession or replacing any property that is damaged or destroyed’’. ized under section 3401(g) of this title’’ after of the United States.’’. ‘‘shall proceed by information’’. (k) Section 1121 of title 18, United States (d)(1)(A) Chapter 213 of title 18, United States Code, is amended by adding at the end (i) Section 1114 of title 18, United States Code, is amended by inserting at the end a Code, is amended by striking ‘‘1112.,’’ and in- new subsection (c) as follows: a new section, as follows: ‘‘§ 3294. Arson offenses serting ‘‘1112,’’. ‘‘(c) For the purposes of this section, the (j) Section 3553(f) of title 18, United States term ‘State’ means a State of the United ‘‘No person shall be prosecuted, tried, or Code, is amended by striking ‘‘section 1010 or States, the District of Columbia, and any punished for any noncapital offense under 1013 of the Controlled Substances Import and commonwealth, territory, or possession of sections 81, 844 (f), (h), or (i) of this title un- Export Act (21 U.S.C. 961, 963)’’ and inserting the United States.’’. less the indictment is found or the informa- ‘‘section 1010 or 1013 of the Controlled Sub- (l) Section 228(d)(2) of title 18, United tion is instituted within 10 years after the stances Import and Export Act (21 U.S.C. 960, States Code, is amended by inserting ‘‘com- date on which the offense was committed.’’ 963)’’. monwealth,’’ before ‘‘possession or territory (B) The chapter index for chapter 213 of (k) Section 1961(1)(D) of title 18, United of the United States’’. title 18, United States Code, is amended by States Code, is amended by striking ‘‘that SEC. 758. ADJUSTING AND MAKING UNIFORM THE inserting at the end the following: title’’ and inserting ‘‘this title’’. DOLLAR AMOUNTS USED IN TITLE 18 ‘‘3294. Arson offenses.’’. (l) Section 1510(b)(2)(B) of title 18, United TO DISTINGUISH BETWEEN GRADES (2) Section 844(i) of title 18, United States States Code, is amended by striking ‘‘that OF OFFENSES. Code, is amended by striking the last sen- subpoena’’ the first place it appears and in- (a) Sections 215, 288, 641, 643, 644, 645, 646, tence. serting ‘‘that subpoena for records’’. 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, (e) Section 704(b)(2) of title 18, United (m) Section 3286 of title 18, United States 658, 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, States Code, is amended by striking ‘‘with Code, is amended— 1707, 1711, and 2113 of title 18, United States respect to a Congressional Medal of Honor’’. (1) by striking ‘‘2331’’ and inserting ‘‘2332; Code, are each amended by striking ‘‘$100’’ (f) Section 408 of the Controlled Substances (2) by striking ‘‘2339’’ and inserting each place it appears and inserting ‘‘$1,000’’. Act (21 U.S.C. 848) is amended— ‘‘2332a’’; and (b) Section 510 of title 18, United States (1) by striking subsections (g)–(p), (g)(1)– (3) by striking ‘‘36’’ and inserting ‘‘37’’. Code , is amended by striking ‘‘$500’’ and in- (3), and (r); and (n) Section 2339A of title 18, United States serting ‘‘$1,000’’. (2) by redesignating subsections (g)(4)–(10) Code is amended— (c) Section 1864 of title 18, United States as (f)(1)–(7). (1) by striking ‘‘2331’’ and inserting ‘‘2332; Code, is amended by striking ‘‘$10,000’’ and (g) Sections 2261(b)(3) and 2262(b)(3) of title (2) by striking ‘‘2339’’ and inserting inserting ‘‘$1,000’’. 18, United States Code, are each amended by ‘‘2332a’’; SEC. 759. CONFORMING AMENDMENT CONCERN- inserting ‘‘(as defined in section 1365 of this (3) by striking ‘‘36’’ and inserting ‘‘37’’; and ING MARIJUANA PLANTS. title)’’ after ‘‘serious bodily injury’’. (4) by striking ‘‘of an escape’’ and inserting Section 1010(b)(4) of the Controlled Sub- (h)(1) Section 2261 of title 18, United States ‘‘or an escape’’. stances Import and Export Act (21 U.S.C. Code, is amended— (o) Section 2340(1) of title 18, United States 960(b)(4)) is amended by striking ‘‘except in (A) in paragraph (a)(1) by striking ‘‘with Code, is amended by striking ‘‘with custody’’ the case of 100 or more marihuana plants’’ the intent to injure, harass, or intimidate’’ and inserting ‘‘within his or her custody’’. and inserting ‘‘except in the case of 50 or and inserting ‘‘with the intent to kill, injure, (p) Section 504 of title 18, United States more marihuana plants’’. harass, or intimidate’’; and Code, is amended— January 4, 1995 CONGRESSIONAL RECORD — SENATE S 93 (1) in paragraph (2) by striking ‘‘The’’ the edies are being exhausted, allow the courts criminals as adults and enacts similar provi- first place it appears and inserting ‘‘the’’; to dismiss frivolous suits sua sponte, remove sions to those passed as a part of the Sen- and the requirement in current law that inmates ate’s 1993 Crime Bill. Under these provisions, (2) in paragraph (3) by striking ‘‘importa- participate in the formulation of the griev- the list of offenses for which juveniles may tion, of motion-picture films’’ and inserting ance procedures, and require inmates with be prosecuted as adults is expanded to in- ‘‘importation of motion-picture films’’. assets to pay filing fees. clude drug conspiracies and importation, (q) Section 924(a) of title 18, United States SEC. 104. Report On Prison Work Progress. firearms transportation, firearms traffick- Code, is amended by redesignating the sec- This section directs the Department of ing, and related conspiracies. The 1994 Crime ond paragraph (5) (relating to violations of Justice to make recommendations for chang- Bill included only firearms offenses. section 922(x)) as paragraph (6). ing existing law so that more federal pris- This section also enacts the Moseley-Braun SEC. 764. SEVERABILITY. oners may be employed without adversely af- provision from the Senate’s 1993 bill, with a If any provision of this Act, an amendment fecting the private sector or labor. slight modification. Under this provision, made by this Act, or the application of such SEC. 105. Drug Treatment For Prisoners any minor age 13 or older who is accused of provision or amendment to any person or certain serious offenses under federal law circumstance is held to be unconstitutional, This section repeals the sentence reduction (murder, attempted murder, armed robbery, the remainder of this Act, the amendments ‘‘incentive’’ for federal prisoners who par- assault with intent to murder, aggravated made by this Act, and the application of the ticipate in prison drug treatment programs sexual assault) must be tried as an adult in provisions of such to any person or cir- under the Substance Abuse Treatment in federal court. The juvenile could petition the cumstance shall not be affected thereby. Federal Prisons section of the 1994 Crime court for resentencing upon attaining age 16. Bill. SUMMARY OF PROPOSED ANTI-CRIME BILL— Unlike the 1993 provision, there is no re- TITLE II—STATE AND LOCAL LAW ENFORCEMENT JANUARY 4, 1995 quirement that the offender be armed with a ASSISTANCE This is a summary of the major provisions firearm during certain offenses in order to of S. 3, the proposed Senate crime bill. The This title provides block grants to the qualify for mandatory adult prosecution. states to hire and train police officers and to bill eliminates the ‘‘pork’’ contained in the develop new crime fighting technologies. SEC. 403. Availability Of Fines And Supervised 1994 Crime Bill, and restores to States the re- Release For Juvenile Offenders. sponsibility for local crime prevention meas- SEC. 201. Block Grant Program. This section makes a technical correction ures by ensuring that local law enforcement This section modifies the Public Safety in the law, permitting courts to impose fines agencies, not Washington bureaucrats, direct Partnership and Community Policing Act of or conditions of supervised release on juve- the use of federal law enforcement grants. 1994 (Title I of the 1994 Crime Bill) and the niles. The bill sets mandatory sentences for cer- policing grants provisions of the 1994 Crime tain violent crimes, and authorizes addi- Bill. SEC. 404. Amendments Concerning Juvenile tional funds for building prisons and for hir- The 1994 provision is reformulated as the Records. Law Enforcement Assistance Block Grants ing and training policy officers. The bill also This section strengthens provisions per- Act of 1995, which provides grants to state makes significant revisions in federal crimi- mitting the FBI to create an identification and local law enforcement agencies. nal procedure, including: a reform of habeas record for juveniles who are convicted of Grants under the program would be made corpus law so that convicted criminals can- committing a crime that, if committed by an to the states explicitly for the hiring and not abuse the appeals process, an assurance adult, would be deemed a serious felony. that relevant evidence will not be withheld training of officers or the establishment and from juries, and a criminal penalty for know- upgrading of technologies used to detect SEC. 405. Mandatory Minimum Prison Sen- ingly filing a pleading in federal criminal crime. States would be permitted to save the tences For Persons Who Use Minors In Drug cases that contains material misstatements grant money disbursed in any given grant Trafficking Activities Or Sell Drugs To Mi- of law or fact. A section by section summary year in a trust fund for these purposes in nors. years after the federal grant program ends. of the bill’s major provisions is set forth This section establishes stiff mandatory Grants would be allocated to the states on below. minimum penalties of 10 years for a first of- a formula basis. For each grant year, each Should you have questions about the bill fense and life imprisonment for a second of- state would receive a base allocation of 0.6% not answered by this summary, please call fense for adults who employ minors in the of appropriated funds. The remaining appro- Mike O’Neill or Mike Kennedy of the Judici- distribution, sale, or manufacturing of drugs, priations will be allocated on the basis of ary Committee Staff. or who sell drugs to minors. state population as determined by the 1990 TITLE I—INCARCERATION OF VIOLET CRIMINALS decennial census, as adjusted annually. SEC. 406. Mandatory Minimum Sentence This title increases prison construction The total amount of the grants authorized Reform. funding and provides limits for prisoner liti- would be increased approximately $1 billion This section would prospectively replace gation. over the levels authorized in the 1994 Crime the overly-broad ‘‘reform’’ of mandatory SEC. 101. Prison Construction And Truth In Bill. minimum sentences contained in the 1994 Sentencing Grants. TITLE III—FEDERAL EMERGENCY LAW Crime Bill with the narrower approach need- This section amends the Violent Offender ENFORCEMENT ASSISTANCE ACT ed to insure that such sentences are justly Incarceration and Truth in Sentencing In- SEC. 301. Federal Judiciary And Federal Law imposed. The provision is the same as that centive Grants provisions of the Violent Enforcement. proposed by Republicans during the debate Crime Control and Law Enforcement Act of This section amends title XIX of the 1994 on the 1994 Crime Bill conference report. 1994 (1994 Crime Bill) (Title II, Subtitle A) by Crime Bill by increasing appropriations for In particular, defendants would not be ex- increasing the amount authorized for prison the Federal Bureau of Investigation and the cused from mandatory minimum sentencing grants to states and ensuring that these United States Attorneys, while at the same requirements if they had one or more crimi- grants will be used for the construction and time maintaining the funding levels estab- nal history points, were involved in an of- operation of brick-and-mortar prisons. The lished by the 1994 Crime Bill for the Federal fense that resulted in the death or serious in- bill removes conditions requiring the states Judiciary, the Department of Justice, and jury of a victim, carried a firearm, owned the to adopt specified corrections plans in order the Treasury Department. drugs, or financed any part of the drug deal. to qualify for the federal funds. It also in- SEC. 302. Drug Enforcement Administration. creases the amount each qualifying state is SEC. 407. Increased Mandatory Minimum guaranteed to receive and ensures that the This section amends section 180104 of the Sentences For Criminals Using Firearms. 1994 Crime Bill by increasing funding for the grants will be distributed on a formula basis. This section increases the penalties for Drug Enforcement Administration. Authorized funding for prison grants is in- using or carrying a firearm during the com- creased by approximately $1 billion over the TITLE IV—CRIMINAL PENALTIES mission of a crime by imprisonment for not levels authorized in the 1994 Crime Bill. This title strengthens the penalties for less than 10 years, or, if the firearm is dis- SEC. 102. Repeal. several federal offenses. Most of these provi- charged, for not less than 20 years, or if the This section repeals Subtitle B of title II of sions passed the Senate as a part of its 1993 death of a person results, bepunished by the 1994 Crime Bill, which authorized $150 crime bill but were not included in the en- death or by incarceration for not less than million in discretionary grants for alternate acted 1994 Crime Bill. life. SEC. 401. Serious Juvenile Crimes as Armed sanctions for criminal juveniles. SEC. 408. Arson Penalties. Career Criminal Act Predicates. SEC. 103. Civil Rights Of Institutionalized This section increases the maximum pen- This section would make serious juvenile Persons. alties and fines for arson and increases the offenses predicate crimes under the Armed This section improves upon the meager statute of limitations from 7 to 10 years. modifications made in the 1994 Crime Bill to Career Criminal Act, permitting the court to the Civil Rights of Institutionalized Persons subject juvenile repeat offenders to stricter SEC. 409. Interstate Travel Or Use Of Mails Or Act by adopting provisions passed last year sentences. A Facility In Interstate Commerce To Further by our House colleagues. These provisions re- SEC. 402. Prosecution of Juveniles as Adults. Kidnapping. move the limits on a court’s ability to stay This section repeals the 1994 Crime Bill’s This section enables federal prosecution of prisoner litigation while administrative rem- weak provisions on trying serious juvenile Kidnapping cases where the perpetrators do S 94 CONGRESSIONAL RECORD — SENATE January 4, 1995 not transport the victim across state lines, that have fully and fairly adjudicated in Sec. 609. Clarification And Extension Of Crimi- but use interstate facilities during the com- state court. nal Jurisdiction Over Certain Terrorism Of- mission of the crime. The revision in capital habeas practice fenses Overseas TITLE V—FEDERAL CRIMINAL PROCEDURE also sets a time limit within which the dis- This section extends the United States’ REFORM trict court must act on a writ, and provides criminal jurisdiction over certain terrorism This title reforms certain aspects of crimi- the government with the right to seek a writ crimes committed overseas. of mandamus if the district court refuses to nal procedure. It establishes greater protec- Sec. 610. Federal Aviation Reporting act within the allotted time period. Succes- tion for witnesses and jurors; enacts mean- Responsibility ingful habeas corpus reform; limits the ex- sive petitions must be approved by a panel of the court of appeals and are limited to those This section requires the Federal Aviation clusionary rule while at the same time pro- Administration to notify the Justice Depart- viding better remedies for innocent citizens petitions that contain newly discovered evi- dence that would seriously undermine the ment when it discovers large sums of cash whose Fourth Amendment rights are vio- and/or drugs during an inspection. lated; and permits the admission of vol- jury’s verdict or that involve new constitu- untary confessions even when defense coun- tional rights that have been retroactively Sec. 611. Information Transfer sel is not present during the confession. This applied by the Supreme Court. This section permits the Immigration and title further clarifies the obligations of at- In capital cases, procedures are established Naturalization Service to release certain torneys practicing criminal law in federal for the appointment of counsel, conduct of confidential information on individual aliens court. evidentiary hearings, and the application of for law enforcement purposes. the procedures to state unitary review sys- SEC. 501. Obstruction Of Justice. Sec. 612. Extradition tems. Courts are directed to give habeas pe- This section makes it an obstruction of titions in capital cases priority status and to This section permits the Attorney General justice for an attorney to file in federal decide those petitions within specified time to extradite persons who are not U.S. citi- court any pleading in a criminal case that periods. zens, nationals, or permanent residents to the filer knows to contain a false statement countries with which the United States does of material fact or law. TITLE VI—PREVENTION OF TERRORISM not have an extradition treaty. SEC. 502. Conduct of Federal Prosecutors. This title strengthens the penalties for Sec. 613. Federal Bureau Of Investigation those engaged in terrorist acts. This section establishes that the Attorney Report General has sole authority to promulgate Sec. 601. Willful Violation of Federal Aviation This section requires the FBI to inves- the rules governing the conduct of federal Administration Regulations tigate and report back to Congress on the ef- prosecutors in federal court, notwithstand- This section imposes criminal penalties for fectiveness of a federal law prohibit- ing the ethical rules or rules of the court willful violations of FAA security regula- ingcontributions to terrorist organizations adopted by any state. tions. or their ‘‘front’’ groups in the United States. SEC. 503. Fairness in Jury Selection. Sec. 602. Assaults, Murders, And Threats SEC. 614. Increased Penalties for Terrorism This section amends Federal Rule of Against Former Federal Officials In Perform- Crimes. Criminal Procedure 24(b) by equalizing the ance Of Official Duties This section increases penalties for a series number of peremptory challenges afforded This section permits prosecution of as- of federal crimes, including amending the the prosecution and defense (6 strikes per saults, murders, and threats made against law against maiming and disfiguring to in- side). It preserves the 6 (prosecution) 10 (de- former government officials arising from the clude torture and punishing an attempt to fense) split in trails involving two or more discharge of their official duties while em- violate this section by up to $10,000 and/or 10 joined defendants. ployed by the government. years, and adds protection to armed services SEC. 504. Balance In The Composition Of Rules Sec. 603. Wiretap Authority For Alien Smug- personnel. Committees. gling And Related Offenses And Inclusion Of SEC. 615. Criminal Offenses Committed Outside This section gives equal representation to Alien Smuggling As A RICO Predicate The United States By Persons Accompanying prosecutors and the defense bar on the var- This section expands authority for issuing The Armed Forces. ious rules committees of the Judicial Con- wiretaps to encompass alien smuggling of- This section permits the removal for pros- ference. Currently, prosecutors are under- fenses and includes alien smuggling as a ecution in the United States of criminal represented on these committees. RICO predicate crime. cases involving non-military persons who are SEC. 505. Reimbursement of Reasonable accompanying the Armed Forces when they Sec. 604. Authorization For Interceptions Of Attorney’s Fees. commit crimes overseas which are not pros- Communications In Certain Terrorism Related This section permits the reimbursement of ecuted in the host country’s courts. Offenses reasonable attorney’s fees for current or TITLE VII—MISCELLANEOUS AND TECHNICAL This section authorizes the interception of former Department of Justice employees or PROVISIONS federal public defenders who are subject to communications in certain, limited, terror- Subtitle A—Elimination of Certain Programs. criminal investigation arising out of acts ism cases, including the wrecking of trains, performed in the discharge of their duties. providing material support to terrorists, and SEC. 701. Elimination Of Ineffective Programs. SEC. 506. Mandatory Restitution To Victims Of engaging in terrorist acts at airports. This section repeals the most 1994 Crime Violent Crime. Sec. 605. Participation Of Foreign And State Bill’s wasteful social spending, including subtitles A through S and subtitles U and X Amends 18 U.S.C. 3663 by mandating fed- Government Personnel In Interceptions Of of Title III of the 1994 Crime Bill, and Title eral judges to enter orders requiring defend- Communications V of the 1994 Crime Bill. The provisions of ants to provide restitution to the victims of This section permits the participation of the 1994 Bill relating to Substance Abuse their crimes. state law enforcement officials and officials Treatment in Federal Prisons, the Preven- SEC. 507. Admissibility of Certain Evidence. of foreign law enforcement agencies in inter- cepting communications. tion, Diagnosis, and Treatment of Tuber- This section clarifies and strengthens 18 culosis in Correctional Institutions, and the U.S.C. 3501 by requiring a criminal defendant Sec. 606. Disclosure Of Intercepted Communica- Violence Against Women Act are unaffected to prove, by a preponderance of the evidence, tions To Foreign Law Enforcement Agencies by this section. that a confession obtained by police officers This section permits, under certain, lim- Subtitle B—Amendment Relating to Violent was involuntary. If the defendant is unable ited circumstances, disclosure of intercepted Crime Control. to meet that burden, a voluntary confession communications to cooperating foreign law SEC. 711. Violent Crime and Drug Emergency will be admitted in court. enforcement agencies. Section 507 also eliminates the exclusion- Areas Repeal. Sec. 607. Alien Terrorist Removal ary rule as it pertains to the Fourth Amend- This section repeals the Violent Crime and ment and provides a tort remedy for those This section would ensure, through the use Drug Emergency Areas Act in the 1994 Crime whose Fourth Amendment rights have been of a limited ex parte procedure, that the Bill (Section 90107). The repealed provision violated by an unreasonable search or sei- United States can expeditiously deport alien permits the President to designate an area a zure. terrorists without disclosing national secu- violent crime or drug emergency area, and to SEC. 508–510. General Habeas Corpus Reform. rity secrets to them and their criminal part- detail federal law enforcement personnel to ners. assist state and local officials. This section incorporates reforms to curb the abuse of the statutory writ of habeas Sec. 608. Territorial Sea SEC. 712. Expansion of 18 U.S.C. 1959 To Cover corpus, and to address the acute problems of This section codifies the extension of Unit- Commission Of All Violent Crimes in Aid of unnecessary delay and abuse in capital cases. ed States territorial sea, as defined by a 1988 Racketeering Activity And Increased Pen- It sets a one year limitation on an applica- Presidential Proclamation. This area would alties. tion for a habeas writ and revises the proce- then be included within the special maritime This section closes loopholes in 18 U.S.C. dures for consideration of a writ in federal and territorial jurisdiction of the U.S. This 1959, the law punishing violent crimes in aid court. It provides for the exhaustion of state section also adopts non-conflicting state law of racketeering. The amendment also in- remedies and bars habeas review of claims in the territorial sea. creases the maximum penalties for certain January 4, 1995 CONGRESSIONAL RECORD — SENATE S 95 violations (e.g., kidnapping, conspiring to SECS. 732–733. These sections permit the Gov- any indication of whether they apply to ter- commit murder), and clarifies the definition ernment to appeal from certain dismissals and ritories or other non-state entities. This sec- of ‘‘serious bodily injury.’’ eliminate the outmoded requirement that the tion merely clarifies the application of cer- Government obtain a certificate to appeal. tain federal criminal statutes to territories, SEC. 713. Investigation Of Serial Killings. SEC. 734. Clarifies meaning of ‘‘official deten- possessions, and commonwealths. This section authorizes the Federal Bureau tion’’ for purposes of crediting a defendant for SEC. 758. This section adjusts and makes uni- of Investigation, at the request of state au- prior custody. Excludes credit given for deten- form the dollar amounts used in Title 18 to thorities, to participate in the identification tion at ‘‘community-based treatment or correc- distinguish between grades of offenses. It also and apprehension of serial killers. tional facilit[ies].’’ adjusts certain dollar amounts to account for SEC. 714. Firearms and Explosives Conspiracy. SEC. 735. Limitation On Reduction Of Sentence inflation. This section amends the firearms and ex- For Substantial Assistance Of Defendant. SEC. 759. This section corrects an inconsistency plosives chapter of Title 18 to provide gen- Requires that a court may order a reduc- in the penalties relating to marijuana plants erally that a conspiracy to commit a fire- tion in the defendant’s sentence for substan- that exists between 21 U.S.C. 841(b) and 21 arms or explosives offense in punishable by tial assistance only when the Government U.S.C. 960(b). The amendment follows the rec- the same maximum term as that applicable requests such a reduction. ommendation of the United States Sentencing to the substantive offense that was the ob- SEC. 736. Improvement Of Hate Crimes Commission in that in cases involving 50 or ject of the conspiracy. Sentencing Procedure. more marijuana plants, each plant is treated as the equivalent of one kilogram of processed SEC. 715. Increased Penalties For Violence In Requires the sentencing judge, as opposed marijuana. The Course Of Riot Offenses. to the jury, to determine the facts relating to the ‘‘hate crimes’’ enhancement. SEC. 760. Access to Certain Records. This section strengthens the federal anti- SEC. 737. Clarification Of Length Of Supervised This amendment to the cable television riot statute, 18 U.S.C. 2101, by increasing the Release Terms In Controlled Substance Cases. subscriber law brings that statute into con- penalties when death or serious bodily injury formity with all other federal customer pri- results from the defendant’s actions in viola- Technical amendment that clarifies the vacy provisions, by recognizing an exception tion of the statute. length of supervised release terms in con- for information sought pursuant to a federal trolled substance cases. Resolves conflict grant jury subpoena or a court order relating SEC. 716. Pretrial Detention For Possession Of among the courts of appeals to make clear to a grand jury proceeding. Firearms or Explosives by Convicted Felons. that the limits of 18 U.S.C. 3583 do not con- SEC. 761. Clarification Of Inapplicability of 18 Clarifies law that permits pretrial deten- trol the longer supervised release terms pro- U.S.C. 2515 To Certain Disclosures. tion for certain offenses to include those in- vided in 18 U.S.C. 841. volving firearms or explosives. SEC. 738. This section confers authority on This section makes a carefully limited ex- courts to impose a sentence of supervised re- ception to 18 U.S.C. 2515, the statutory exclu- SEC. 717. Elimination Of Unjustified Scienter lease on a prisoner who is released because of sionary rule for Title III of the Omnibus Element For Carjacking. ‘‘extraordinary and compelling reasons’’ (e.g., Crime Control and Safe Streets Act of 1968, Eliminates scienter requirement in 18 suffering from a terminal illness) pursuant to so as to exempt situations in which private U.S.C. 2119, the so-called carjacking statute. 18 U.S.C. 3582(c)(1)(A). persons, not acting for any government au- thority, illegally recorded a communication, SEC. 718. Theft Of Vessels. SEC. 739. Temporarily extends Parole Commis- but the recording later lawfully comes into sion beyond its presently scheduled expiration Defines ‘‘vessel’’ as watercraft for purposes the possession of the government. This sec- date of November 1, 1997, to deal with pris- of 18 U.S.C. 2311, 2312, 2323, and criminalizes tion permits the government to use such re- oners sentenced before the Sentencing Guide- the theft of such a ‘‘vessel.’’ cordings at trial. lines became effective. SEC. 762–763. These sections include conforming SEC. 719. Clarification of Agreement SEC. 740. Conforming Amendments Relating To amendments related to the enactment of the Requirement For RICO Conspiracy. Supervised Release. 1994 Crime Bill and certain other technical Technical amendment that explains that Technical amendments that conform cer- amendments. government need not prove that RICO de- tain statutes with the new supervised release SEC. 764. A standard severability provision that fendant personally agreed to commit any scheme. applies to the entire act. criminal racketeering acts. SEC. 741. Repeals outmoded provisions that bar Mr. HATCH. Mr. President, I thank Federal prosecution of certain offenses. SEC. 720. Addition Of Attempt Coverage For my friend from Kansas, the distin- Interstate Domestic Violence Coverage. Subtitle D—Miscellaneous Amendments. guished majority leader, for his kind Creates ‘‘attempts’’ crime in interstate do- SEC. 751. Technical conforming amendment to words. I am pleased to join him in in- mestic abuse cases. obstruction of civil investigative demand stat- troducing S. 3, the Violent Crime Con- ute. SEC. 721. Addition Of Foreign Murder As A trol and Law Enforcement Improve- SEC. 752. Addition Of Attempted Theft And Money Laundering Precedent. ment Act of 1995. We have worked hard Counterfeiting Offenses To Eliminate Gaps Adds murder as a money laundering predi- And Inconsistencies In Coverage. together to craft a bill that will give cate act. the American people the tough anti- Creates attempt crimes for embezzlement, crime legislation they deserve. SEC. 722. Assaults Or Other Crimes Of Violence uttering, and counterfeiting offenses. The people of Utah and across our For Hire. SEC. 753. Technical amendment that clarifies Nation understand that the best crime Includes serious assaults in the ‘‘murder scienter element for receiving property stolen for hire’’ statute, 18 U.S.C. 2332. from Indian tribal organizations. prevention program is to ensure the SEC. 754. Larceny Involving Post Office Boxes swift apprehension of criminals and SEC. 723. Threatening To Use A Weapon Of And Postal Stamp Vending Machines. their certain and lengthy imprison- Mass Destruction. Amends 18 U.S.C. 2115 to cover vandalism ment. Congress can do better than the Criminalizes a threat to use a weapon of committed against postal vending machines legislation it passed last year. mass destruction. and boxes not located on postal service prop- Our Nation’s violent crime problem SEC. 724. Technical Amendments. erty. continues to be the top concern of the Amends section 60002 of the 1994 Crime Bill SEC. 755. Technical amendment that conforms American people and rightly so. The to eliminate State participation in carrying law punishing obstruction of justice by notifi- crime clock is still ticking, and is tick- out a Federal sentence of death and directing cation of a subpoena for records in certain ing faster for violent crimes. In 1992, on that death sentences be carried out at appro- types of investigations. average, a violent crime was commit- priate Federal facilities. SEC. 756. This section closes a loophole in the ted every 22 seconds. According to the offense of altering or removing a motor vehicle Uniform Crime Reports recently pub- Subtitle C—Amendments Relating To Courts identification number by protecting against And Sentencing. lished by the FBI in 1993 a violent the alteration of any number inscribed on a crime was committed every 16 seconds. SEC. 731. Allowing A Reduction Of Sentence car that can be used to identify a particular vehicle or part. The latest data demonstrate that our For Providing Useful Information Although violent crime crisis continues to wors- Not Regarding A Particular Individual SEC. 757. Application of Various Offenses To Possessions And Territories. en. According to the FBI, the murder Permits a reduction in a sentence if the de- rate in the United States increased 2.2 fendant provides substantial assistance in A number of federal statutes are ambigu- the investigation of ‘‘any offense,’’ rather ous as to their coverage of crimes occurring percent in 1993. And, for the first time, than only allowing reductions when the de- in the territories, possessions, and common- a murder victim was more likely to be fendant provides information in the inves- wealths of the United States because they killed by a stranger than by an ac- tigation of ‘‘another person.’’ contain references to ‘‘state’’ law without quaintance or a family member. (Crime S 96 CONGRESSIONAL RECORD — SENATE January 4, 1995 in the United States 1993, Uniform goal of actually placing 100,000 addi- will be hired under the grants will be Crime Reports.) tional State and local police officers on additional officers, or whether they The FBI also reports that there were our streets, and failed to enact tough will merely make up for natural attri- 104,806 rapes in the United States re- penalties for Federal violent and drug tion in our Nation’s local police forces. ported in 1993. And while that is a crimes. For these reasons, I believe that the slight decrease from the previous year, Now the American people expect us Community Policing grant program is this number is still a 5 percent increase begin the task anew, and battle crime flawed. Under our legislation the pro- since 1989. (Crime in the United States with a program that holds criminals gram would be improved to give the 1993, Uniform Crime Reports.) responsible for their acts and that be- States more flexibility in spending the Additionally, the National Crime gins to help State and local govern- funds. States could use those funds for Victimization Survey, which is pub- ments repair the rips in our social fab- hiring and training police officers or lished by the Bureau of Justice Statis- ric that have contributed to our crime establishing and upgrading crime lab- tics and includes crimes not reported crisis. oratories or exploring new crime-fight- to the police, found that crimes of vio- The bill we introduce today has four ing technologies. lence increased 4.5 percent in 1993, in- primary objectives: Unlike the grant program presently cluding a staggering 10.2 percent rise in Increasing prison and law enforce- in place, there would be no matching aggravated assault and a 12.2 percent ment grants to the States to assist requirement or per-officer spending jump in attempted assaults with a their efforts to deter and apprehend weapon. (National Crime Victimization violent criminals, and to ensure that, cap, providing States and communities Survey, Table of Selected Data, BJS, when a criminal defendant is con- with the needed flexibility to hire and October 1994.) victed, appropriate sentences are im- train the number of officers required to Moreover, this is not a crisis that af- posed and served; meet local needs. State and local gov- fects only our Nation’s urban centers. Removing the wasteful social spend- ernments are in the best position to as- Indeed, some of the most rapid in- ing included in the 1994 crime bill and sess their crime fighting needs. The creases in crime are occurring in the redirecting the funds to prison con- Federal Government should therefore Intermountain West, which includes struction and Federal, State and local get out of their way and provide them my State of Utah. Overall, the Inter- law enforcement, thus enabling our with the flexibility to spend funds ef- mountain West experienced a 7.5 per- States and local communities to imple- fectively to combat crime. cent increase in violent crimes, and a ment crime control strategies free Third, our bill enhances the re- 4.7 percent increase in the number of from the interference of Washington sources of our Federal law enforcement violent crimes per 100,000 persons in bureaucrats; agencies. While much of the Nation’s 1993 according to the FBI. Figures for Enhancing Federal criminal pen- war on crime is fought at the State and Utah are nearly as grim. Our violent alties to appropriate levels for terror- local level, the Federal Government crime rate in Utah jumped 6.3 percent ism and other crimes where the Fed- has a significant role to play. It is crit- in 1993, and the rate per 100,000 persons eral Government has a significant le- ical that Federal law enforcement jumped 3.6 percent. (Crime in the Unit- gitimate prosecutorial role; and agencies be provided with the resources ed States 1993, Uniform Crime Re- Reforming habeas corpus procedures, to fulfill their duty to the American ports.) So while our population is ris- the exclusionary rule, and other Fed- people. ing, violent crime is rising even faster. eral criminal procedures to restore For this reason, our bill includes au- Thus, the specter of violent crime fairness and balance to the Federal thorization for critically needed fund- haunts the lives of most Americans and criminal justice process. ing for Federal law enforcement above dramatically affects the way in which To accomplish these objectives, our what was authorized in the 1994 crime we live. Concern for personal safety bill first increases the amount author- bill. This will ensure the ability of Fed- and fear of violent crime cuts across ized for prison grants to States and en- eral law enforcement agencies to carry racial and socioeconomic lines. In fact, sures that these grants will be used for out their mission. violent crime disproportionately af- the construction and operation of Fourth, this bill eliminates the fects minorities and the poor. African- brick-and-mortar prisons. The bill re- wasteful social programs passed in the Americans are far more likely to be moves conditions requiring the States 1994 crime bill. These programs would victims of crime than are many other to adopt specified corrections plans in Americans; in 1992 African-Americans order to qualify for the Federal funds. have wasted billions of dollars on du- suffered violent crime victimizations It also improves upon the reforms al- plicative, top-down spending programs at a rate of 110.8 per 1,000 population, ready made to reduce the flood of frivo- without reducing violent crime. Having compared to 88.7 per 1,000 whites. lous lawsuits by prisoners by adopting Washington bureaucrats impose (Source: BJS Bulletin, Criminal Vic- provisions passed last year by our untested programs on the States would timization 1992) House colleagues. These provisions re- do little to prevent crime. It is a national tragedy that homi- move the limits on a court’s ability to A portion of the funding authorized cide is now the leading cause of death stay prisoner litigation while adminis- by these programs is redirected to pris- for African-America males aged 15 to trative remedies are being exhausted, on grants, law enforcement block 34. And low-income households are vic- allow the courts to dismiss frivolous grants, and Federal law enforcement. timized by crime at almost twice the suits sua sponte, remove the require- Fifth, our bill also includes several rate of more affluent households. ment in current law that inmates par- tough Federal criminal penalties either A responsible approach to the crime ticipate in the formulation of the omitted from or weakened in the 1994 problem that includes sentencing re- grievance procedures, and require in- crime bill. For instance, it includes the forms, increased funds for police and mates with assets to pay filing fees. provisions requiring tough mandatory prisons, and changes in Federal crimi- Second, our legislation reforms the minimum sentences for Federal crimes nal procedure, will provide the greatest policing grants included in the 1994 bill committed with a firearm and for the benefits to the greatest number in our to make the program more responsive sale of drugs to minors or the use of a society. to the needs of our State and local gov- minor in the commission of a drug This body has spent countless hours ernments. crime. on this issue. Yet the result of those ef- Most independent estimates of the Our bill also replaces the overly forts, the 1994 crime bill, fell far short probable effect of the Community Po- broad reform of mandatory minimum of what the American peole deserve. licing grant program established in the sentences with an approach that will That bill wasted billions on duplicative 1994 crime bill conclude that it will fall ensure the just imposition of those sen- social spending programs, devoted in- far short of actually placing on the tences. Thus, while providing less lee- sufficient resources to the needed street the 100,000 new State and local way to judges to avoid imposing mini- emergency build-up in prison space, police officers claimed by the provi- mum mandatory sentences than the created an unwieldy grant program sion’s supporters. Moreover, it is open 1994 crime bill, it allows such discre- which will fall far short of its stated to serious question whether those who tion where it is merited. The truly January 4, 1995 CONGRESSIONAL RECORD — SENATE S 97 first-time, nonviolent, low-level of- Senate crime bill that were stricken on the line-item veto, we have been fender deserving of some measure of le- during conference, including the Ter- able to garner a few more votes. niency will be treated more justly rorist Alien Removal Act, and criminal This may well be the year that we fi- under our legislation, without provid- penalties for the willful violation of nally get the job done. I am pleased to ing a windfall to career drug dealers. I regulations for the safety of civil avia- report that the distinguished Chairman should note that our provision was tion. Additionally, our bill updates and of the Budget Committee, Senator DO- overwhelmingly supported by the Sen- strengthens criminal penalties for en- MENICI, has agreed to schedule a com- ate in the last Congress. gaging in certain violent terrorist acts. mittee hearing and a mark-up on line- Our legislation would also enact sev- Finally, our bill includes numerous item veto legislation later this month. eral other Federal criminal penalties miscellaneous and technical provisions My hope is that working with the which the Senate passed as a part of its to strengthen and clarify existing Fed- members of that committee—Democrat 1993 crime bill but which were not in- eral law. and Republican—Chairman DOMENICI cluded in the enacted 1994 crime bill. With this legislation, we have an op- will be able to get legislation adopted Among these provisions are the inclu- portunity to fulfill our commitment to in committee and to the Senator floor sion of serious juvenile drug offenses as the American people in a way which re- that can serve as the blueprint for line- predicate crimes under the Armed Ca- spects the competencies and powers of item veto legislation that can be ap- reer Criminal Act and the adult pros- the State and Federal spheres of Gov- proved by the full Senate, adopted in ecution of serious juvenile offenders in ernment. Additionally, we are commit- both Houses of Congress, and signed appropriate Federal cases. ted to ensuring that this legislation into law by the President this year. Sixth, our legislation would enact does not increase the Federal deficit. Mr. President, I ask unanimous con- long-needed reforms to the Federal We believe that our bill provides the sent that the text of the bill be printed criminal justice system. Chief among American people the crime control leg- in the RECORD. these is a reform of habeas corpus pro- islation they demand and deserve. I There being no objection, the bill was cedures to ensure that lawful sentences urge the support of my colleagues for ordered to be printed in the RECORD, as of death are not perpetually delayed by this important legislation. follows: endless, meritless appeals, while at the same time safeguarding the legitimate By Mr. DOLE (for himself, Mr. S. 4 rights of defendants to ensure that the MCCAIN, Mr. COATS, Mr. KYL, Be it enacted by the Senate and House of Rep- death penalty is not unjustly imposed. Mr. HELMS, Mr. MURKOWSKI, resentatives of the United States of America in Additionally, our bill would enact re- Mr. ASHCROFT, Mr. BOND, Mr. Congress assembled, forms to ensure the admissibility of GRAMS, AND MR. GRAMM): SECTION 1. SHORT TITLE. certain evidence. Confessions volun- S.4. A bill to grant the power to the This Act may be cited as the ‘‘Legislative tarily made will be admitted regardless President to reduce budget authority; Line Item Veto Act of 1995.’’ of irrelevant surrounding cir- to the Committee on the Budget and SEC. 2. ENHANCEMENT OF SPENDING CONTROL cumstances. The present exclusionary the Committee on Governmental Af- BY THE PRESIDENT. rule will be eliminated and replaced fairs, jointly, pursuant to the order of The Impoundment Control Act of 1974 is with a tort remedy to protect the August 4, 1977, with instructions that if amended by adding at the end thereof the rights of law-abiding persons. Under one committee reports, the other com- following new title: this proposal, evidence discovered and mittee has 30 days to report or be ‘‘TITLE XI—LEGISLATIVE LINE ITEM seized by officers acting in good faith charged. VETO RESCISSION AUTHORITY THE LEGISLATIVE LINE-ITEM VETO ACT OF 1995 that their actions comported with the ‘‘PART A—LEGISLATIVE LINE ITEM VETO requirements of the fourth amendment Mr. DOLE. Mr. President, I rise RESCISSION AUTHORITY will be admitted in court. today to introduce legislation designed At the same time, our exclusionary to give President Clinton the same tool ‘‘GRANT OF AUTHORITY AND CONDITIONS rule reform will also provide new rem- to control spending that 41 Governors ‘‘SEC. 1101. (a) IN GENERAL.—Notwithstand- edies for redress by innocent persons now enjoy. I am talking about the line- ing the provisions of part B of title X and whose fourth amendment rights are item veto. subject to the provisions of part B of this Republicans have supported giving title, the President may rescind all or part of violated. Those whose rights are vio- any budget authority, if the President— lated by Federal law enforcement offi- the President the line-item veto for ‘‘(1) determines that— cers will have expanded rights to sue years. During the 1980’s, opponents of ‘‘(A) such rescission would help balance the the offending agency for damages. Our the line-item veto used to say that Re- Federal budget, reduce the Federal budget reform will thus create the necessary publicans supported it only because the deficit, or reduce the public debt; disincentive contemplated by the President happened to be a Republican ‘‘(B) such rescission will not impair any es- fourth amendment for lawless searches at that time. sential Government functions; and without providing guilty defendants By introducing this bill as Senate ‘‘(C) such rescission will not harm the na- tional interest; and the windfall of the exclusion of rel- bill No. 4, and making adoption of a legislative line-item veto a top priority ‘‘(2)(A) notifies the Congress of such rescis- evant evidence. These reforms are crit- sion by a special message not later than 20 ical if we are to prevent our cherished for the 104th Congress, we hope to dis- calendar days (not including Saturdays, Sun- liberties from further devolving into pel that myth once and for all. We be- days, or holidays) after the date of enact- merely a cynical shield for the guilty lieve that any President of the United ment of a regular or supplemental appropria- to avoid just punishment. States, as Chief Executive, should be tions Act or a joint resolution making con- The legislation also includes provi- given more power over Federal spend- tinuing appropriations providing such budget sions for obstruction of justice pen- ing. authority; or alties for attorneys who knowingly file This legislation would give the Presi- ‘‘(B) notifies the Congress of such rescis- dent the authority to rescind any com- sion by special message accompanying the false statements in court in criminal submission of the President’s budget to Con- proceedings, and to equalize, except in bination of line items in an appropria- gress and such rescissions have not been pro- cases in which defendants are tried tions bill. The President’s rescission posed previously for that fiscal year. jointly, the number of peremptory proposal would take effect until a two- The President shall submit a separate rescis- challenges available to each side in a thirds majority in both Houses of Con- sion message for each appropriations bill criminal case. gress votes to overturn the President’s under paragraph (2)(A). We also include in our bill provisions decision. ‘‘(b) RESCISSION EFFECTIVE UNLESS DIS- for restitution to victims of Federal Mr. President, several of our col- APPROVED.—(1)(A) Any amount of budget au- crimes to insure that crime victims re- leagues have worked long and hard on thority rescinded under this title as set forth ceive the restitution they are due from this issue. The distinguished Senator in a special message by the President shall be deemed canceled unless during the period those who have preyed on them. from Indiana [Senator COATS] and the described in subparagraph (B), a rescission Seventh, our bill addresses the threat distinguished Senator from Arizona disapproved bill making available all of the of terrorism against our people. Our [Senator MCCAIN] have worked tire- amount rescinded is enacted into law. bill incorporates most of the lessly in support of this legislation for ‘‘(B) The period referred to in subpara- antiterrorism provisions of the 1993 years. Each time the Senate has voted graph (A) is— S 98 CONGRESSIONAL RECORD — SENATE January 4, 1995 ‘‘(i) a Congressional review period of 20 cal- to a special message shall be referred to the (6) The President then has the oppor- endar days of session under part B, during appropriate committees of the House of Rep- tunity to veto the rescission dis- which Congress must complete action on the resentatives or the Senate, as the case may approval bill. In that case, the veto be. rescission disapproval bill and present such may be overridden by a two-thirds vote bill to the President for approval or dis- ‘‘(2) Any rescission disapproval bill re- approval; ceived in the Senate from the House shall be of the House and Senate. ‘‘(ii) after the period provided in clause (i), considered in the Senate pursuant to the (7) This bill would also allow the an additional 10 days (not including Sun- provisions of this section. President a second chance to eliminate days) during which the President may exer- ‘‘(b) Floor Consideration in the Senate.— wasteful pork-barrel spending by allow- cise his authority to sign or veto the rescis- ‘‘(1) Debate in the Senate on any rescission ing him to submit such enhanced re- sion disapproval bill; and disapproval bill and debatable motions and scissions with the budget submission at appeals in connection therewith, shall be ‘‘(iii) if the President vetoes the rescission the beginning of the year. This second disapproval bill during the period provided in limited to not more than 10 hours. The time clause (ii), an additional 5 calendar days of shall be equally divided between, and con- shot at proposing rescission ensures session after the date of the veto. trolled by, the majority leader and the mi- that the President has the opportunity ‘‘(2) If a special message is transmitted by nority leader or their designees. to strike at pork-barrel spending that the President under this section during any ‘‘(2) Debate in the Senate on any debatable may not be obvious during the first re- Congress and the last session of such Con- motion or appeal in connection with such a scission period. gress adjourns sine die before the expiration bill shall be limited to 1 hour, to be equally divided between, and controlled by, the Mr. President, this bill would not: of the period described in paragraph (1)(B), allow the President to rescind money the rescission shall not take effect. The mes- mover and the manager of the bill, except sage shall be deemed to have been that in the event the manager of the bill is for entitlement like Social Security, retransmitted on the first day of the suc- in favor of any such motion or appeal, the Medicaid, or food stamps. ceeding Congress and the review period re- time in opposition thereto shall be con- The bill amends part B of title X of ferred to in paragraph (1)(B) (with respect to trolled by the minority leader or his des- the Impoundment Control Act of 1974. such message) shall run beginning after such ignee. Such leaders, or either of them, may, It does not amend part A of title X of first day. from the time under their control on the pas- sage of the bill, allot additional time to any the Impoundment Control Act of 1974. ‘‘DEFINITIONS Senator during the consideration of any de- The language from part A of title X is ‘‘SEC. 1102. For purposes of this title the batable motion or appeal. retained. It specifies that: term ‘rescission disapproval bill’ means a ‘‘(3) A motion to further limit debate is not Nothing contained in this Act, or in any bill or joint resolution which only dis- debatable. A motion to recommit (except a amendment made by this Act, shall be con- approves a rescission of budget authority, in motion to recommit with instructions to re- strued as * * * superseding any provision of whole, rescinded in a special message trans- port back within a specified number of days, law which requires the obligation of budget mitted by the President under section 1101. not to exceed 1, not counting any day on appropriation or the making of outlays ‘‘PART B—CONGRESSIONAL CONSIDERATION OF which the Senate is not in session) is not in thereunder.’’ LEGISLATIVE LINE ITEM VETO RESCISSIONS order. ‘‘(c) POINT OF ORDER.—(1) it shall not be in This language from part A of title X ‘‘PRESIDENTIAL SPECIAL MESSAGE order in the Senate or the House of Rep- ensures that the President cannot re- ‘‘SEC. 1111. Whenever the President re- resentatives to consider any rescission dis- scind funds for entitlement. scinds any budget authority as provided in approval bill that relates to any matter section 1101, the President shall transmit to other than the rescission of budget authority THE GROWING PROBLEM OF PORK-BARREL both Houses of Congress a special message transmitted by the President under section POLITICS AND THE BUDGET specifying— 1101. Mr. President, pork-barrel politics is ‘‘(1) the amount of budget authority re- ‘‘(2) It shall not be in order in the Senate nothing new. However, the Congress’ scinded; or the House of Representatives to consider addiction to pork has grown to obscene ‘‘(2) any account, department, or establish- any amendment to a rescission disapproval proportions. Something must be done ment of the Government to which such budg- bill. and something must be done now. et authority is available for obligation, and ‘‘(3) Paragraphs (1) and (2) may be waived the specific project or governmental func- or suspended in the Senate only by a vote of For too long the Congress has ad- tions involved; three-fifths of the members duly chosen and dressed this issue by maintaining the ‘‘(3) the reasons and justifications for the sworn.’’. status quo. In the meantime, our addic- determination to rescind budget authority Mr. MCCAIN. Mr. President, I am tion was growing and growing. pursuant to section 1101(a)(1); pleased to join Majority Leader DOLE, And Mr. President, while we are ‘‘(4) to the maximum extend practicable, Senator COATS, and many others in in- ‘‘getting our pork fix’’ our children are the estimated fiscal, economic, and budg- being raised in a Nation that may soon etary effect of the rescission; and troducing the Legislative Line-Item ‘‘(5) all facts, circumstances, and consider- Veto of 1995. have no choice but to go cold turkey. ations relating to or bearing upon the rescis- Mr. President, this is the same bill But Mr. President, it is not pork alone sion and the decision to effect the rescission, that I have sponsored for the last 8 that is cause this problem. Pork is only and to the maximum extent practicable, the years. However, I would like to de- one small part of the illness. estimated effect of the rescission upon the scribe the bill again at this time. The The disease that plagues us is our objects, purposes, and programs for which bill would do: budget and spending habits. the budget authority is provided. (1) It gives the President the power If we continue funding carelessly and ‘‘TRANSMISSION OF MESSAGES; PUBLICATION to identify, up to 20 days after an ap- recklessly ignore budgetary con- ‘‘SEC. 1112. (a) DELIVERY TO HOUSE AND propriations bill is sent to the Presi- straints and economic realities—if we SENATE.—Each special message transmitted dent for his signature, items of spend- continue to ignore this problem—we under sections 1101 and 1111 shall be trans- ing within that bill that are wasteful, risk our Nation’s future. mitted to the House of Representatives and and to notify Congress that the Presi- Mr. President, let us review the facts the Senate on the same day, and shall be de- livered to the Clerk of the House of Rep- dent is eliminating or reducing the regarding our Nation’s fiscal health. resentatives if the House is not in session, funds for those items. The Federal debt is approaching $4 and the Secretary of the Senate if the Senate (2) The President may veto—or in trillion. is not in session. Each special message so other words freeze—part or all of the The cost of interest on that debt is transmitted shall be referred to the appro- funds for programs deemed wasteful. now almost $200 billion a year. That is priate committees of the House of Represent- (3) Such items are called enhanced more money than the Federal Govern- atives and the Senate. Each such message rescissions or more commonly referred ment will spend on education, science, shall be printed as a document of each to as line-item vetoes. law enforcement, transportation, food House. ‘‘(b) PRINTING IN FEDERAL REGISTER.—Any (4) The Congress is required to over- stamps, and welfare combined. special message transmitted under sections turn these line-item vetoes with simply The Federal budget deficit set a 1101 and 1111 shall be printed in the first majority votes in the House and Senate record of $290 billion in 1992. issue of the Federal Register published after within 20 days or they automatically By 2003, the deficit is expected to such transmittal. become effective. leap to a staggering $653 billion and ‘‘PROCEDURE IN SENATE (5) If the Congress disagrees with the will have reached its largest fraction of ‘‘SEC. 1113. (a) REFERRAL.—(1) Any rescis- President, it may pass a rescission dis- gross domestic product in more than 50 sion disapproval bill introduced with respect approval bill. years. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 99 Mr. President, we must act to restore open your eyes to the facts. Like all Ronald Reagan (R), former Governor, budgetary restraint in the Congress. addicts, we are afraid to admit our own CA, former President: An analysis of the past shows that problem. When I was governor in California, the gov- after each of the last major budget But others have recognized our prob- ernor had the line-item veto, and so you deals, the deficit in fact increased, lems. could veto parts of a bill. The President spending increased, and taxes in- Ross Perot on Good Morning America can’t do that. I think, frankly—of course, creased. We must avoid this cycle. stated: I’m prejudiced—government would be far If we are to avoid a repeat of the better off if the President had the right of ** * There’s every reason to believe that if line-item veto. Carter and Bush years, we must work you give the Congress more money, it’s like The U.S. Chamber of Commerce: toward real budgetary reform that giving a friend who’s trying to stop drinking truly curbs spending. This is a consid- a liquor store. The point is they will spend supports the McCain bill or similar legisla- erable undertaking that will involve it. They will not use it to pay down the debt. tion providing for line item veto/enhanced asking all, including many powerful If you don’t get a balanced budget amend- rescission authority, as a means of curbing coalitions, that they will have no ment, if you don’t get a line-item veto for excessive and wasteful government spending, to provide for better prioritization of scarce choice but to do more with less. The the president, we might as well take this money out to the edge of town and burn it, resources, and to encourage deficit reduction control of the Nation’s purse will be- without tax increases. come even more fierce if we instituted because it’ll be thrown away. budgetary reform and limit spending. Governor Clinton on Larry King THE GREATER THREAT OF INACTION One aspect of this is to give the Live: Mr. President, many have character- ized this legislation as a dangerous President the line-item veto. We ought to have a line-item veto. ploy, not as a true budgetary reform. RECOGNIZING THE CONGRESS’ DISEASE Candidate Bill Clinton in Putting This is not accurate and does not take Mr. President, if we are to take con- People First: into account the greater picture of the trol of the budget process we must Line-Item Veto. To eliminate pork-barrel dangers presented by our out of control move bravely forward and be prepared projects and cut government waste, I will budget process. to make many difficult choices. ask Congress to give me the line-item veto. What is dangerous is what is happen- Now is the time to rise above petty President Bill Clinton in his Inau- ing to the effective administration of politics and turf wars. We must put in- gural Address: stitutional pride aside. And most im- the American Government. Pork-barrel portantly, we must put the local-spe- Americans deserve better * * * so that spending is threatening our national power and privilege no longer shout down cific needs of each of our constituents security and consuming resources that the voice of the people. Let us put aside per- could better be spent on tax cuts, defi- aside and look at the Nation as a sonal advantage so that we can feel the pain whole. Now, Mr. President, is the time cit reduction, or health care. and see the promise of America. Let us give I do not make the charge that pork- for statesmen. this Capitol back to the people to whom it We must reinstitute budgetary re- belongs. barrel spending is threatening our na- straint and take firm action to control tional security without a great deal of According to the CATO Institute, De- consideration. After last year’s defense spending. This will involve implement- cember 9, 1992, Policy Analysis: ing specific strategies and standing be- appropriation bill, it is unfortunately Ninety-two percent of the governors be- clear how dangerous pork-barrel spend- hind a commitment to decrease spend- lieve that a line-item veto for the President ing—no matter what the political cli- ing can be to our national security. It would help restrain federal spending. Eighty- should now be clear how urgent the mate. This will involve accepting one eight percent of the Democratic respondents set of budgetary goals and not allowing believe the line-item veto would be useful. need for the line-item veto is. them to float or be adjusted. America’s governors and former governors At a time when thousands of men and Mr. President, one glaring example of have a unique perspective on budget reform women who volunteered toserve their this lack of backbone is the now al- issues. Most of them have had practical expe- country have to leave military service tered Gramm-Rudman-Hollings deficit rience with the line-item veto and balanced because of changing priorities and de- targets. The Congress had sought when budget requirement in their states. The fact clining defense budgets, we nonetheless that most governors have found those budget it passed the Gramm-Rudman-Hollings are able to find money for $6.3 billion tools useful in restraining deficits and un- Act to impose mandatory spending of pork in the defense appropriation necessary government spending suggests bill. At a time when we need to re- caps on the Congress. During recent that they may be worth instituting on the years, however, these fixed budget tar- federal level. structure our forces and manpower to meet our post-cold war military needs, gets have become significantly relaxed. Additionally from the CATO Insti- Mr. President, when push came to we squandered $6.3 billion of pointless tute Study: projects with no military value like en- shove, the Congress allowed these ceil- Keith Miller (R), former Governor, ings to be altered. Due to the pressure gines that will never by used, military AK: of Gramm-Rudman-Hollings on the museums, studies of military stress on Congress to curtail its spending, the The line-item veto is a useful tool that a families, military physical fitness cen- governor can use on occasion to eliminate Congress curtailed Gramm-Rudman- ters, and even supercomputers. This blatantly ‘‘pork barrel’’ expenditures that $6.3 billion of pork is impairing our na- Hollings. As a result, the 1990 Budget can strain a budget. At the same time he Act was passed and new higher targets must answer to the voters if he or she uses tional security and harming our soci- were established. the veto irresponsibly. It is a certain re- ety. Now, 4 years into that agreement, straint on the legislative branch. Mr. President, every Congressman or deficits and spending are being allowed Michael Dukakis (D), former Gov- Senator wants to get projects for his or to spiral out of control without pen- ernor, MA: her district. It is an institutional prob- alty. The outlook for the future looks lem. I am not a saint. There are no The line item veto is helpful in stopping ef- even worse: massive cuts in defense, forts to add riders and other extraneous saints in the City of Satan, but I am huge tax increases, and an increase in amendments to the budget bill. trying. I am trying to change a system domestic spending. The problem of the that has failed. I am trying to make a L. Douglas Wilder (D), Governor, VA: deficit, although often mentioned in difference. I am not here to cast asper- high political rhetoric, is not addressed To the detriment of the federal process, sions on other Senators who secured and allowed to grow. the President is not held accountable for a pork-barrel projects for their States. I balanced budget. Congress takes control over THE LINE-ITEM VETO AS PART OF THE SOLUTION: budget development with its budget resolu- am not here to start a partisan fight. PROCESS REFORM tion, after which, the President may only ap- I am here trying to reform Congress. The only solution to our budgetary prove or veto 13 appropriations bills. With- It is a Congress that has piled up $3.7 problems and our profligate spending out the line item veto the President has trillion in debt. It is a Congress that is habits is substantial process reform. minimal flexibility to manage the federal responsible for a $400 billion deficit One key aspect of that process reform budget after it is passed. this year. It is a Congress that has mis- must be the line-item veto. Mr. Presi- S. Ernest Vandiver (D), former Gov- erably failed the American people. It is dent for those who say there is no need ernor, GA: an institution that desperately needs for the line-item veto, I implore you to Tremendous tool for saving money. reform. S 100 CONGRESSIONAL RECORD — SENATE January 4, 1995 Anyone who feels that the system ever does further the concept of checks his contemporaries in ‘‘Federalist No. does not need reform need only exam- and balances which is the heart of our 73’’: ine the trend in level of our public divided government. If a magistrate so powerful and so well for- debt. As I have stated in my analysis of The veto was designed by the Found- tified as a British monarch would have scru- the most recent budget plans, the defi- ing Fathers to ensure that the Presi- ples about the exercise of the power under cit has continued to grow and spending dent had some authority to reign over consideration, how much greater caution continues to increase. In 1960, the Fed- an unruly legislature. As grade schools may be reasonably expected in a President of eral debt held by the public was $236.8 learn, the veto is an important aspect the United States, clothed for the short pe- billion. In 1970, it was $283.2 billion. In of the Constitution. At the same time, riod of four years with the executive author- 1980, it was $709.3 billion. In 1990, it was these school children learn that the ity of government wholly and purely repub- $3.2 trillion, and it is expected to sur- Congress has the right to override the lican?’’ pass $4 trillion this year. President. This bill does nothing more To summarize, this legislation will My colleagues may ask: Why is the than embrace that Constitutional merely require the Congress to recog- line-item veto so important? tenet. nize the President’s rescissions, and Because a President with a line-item On the subject of the veto, according help reduce wasteful spending. It is not veto could held stop the waste. Because to Alexander Hamilton in ‘‘Federalist a means for Presidential abuse, but a a President with a line-item veto could No. 73’’ the views of the Founding Fa- means to end congressional abuse. It play an active role in ensuring that thers on executive veto power are as will give the President limited power valuable taxpayer dollars are spent ef- follows: in controlling spending and reducing fectively to meet our national security It [the veto] not only serves as a shield to the deficit. It should be self-evident to needs, our infrastructure needs, and the executive, but it furnishes an additional all Senators that controlling spending other social needs without pointless security against the inaction of improper is something that the Congress is com- pork-barrel spending. laws. It establishes a salutary check upon pletely unable to do. I bring to the Sen- the legislative body, calculated to guard the According to a recent General Ac- ate’s attention the $3.7 trillionpublic counting Office [GAO] study, $70 billion community against the effects of faction, precipitancy, or any impulse unfriendly to debt as irrefutable proof of our inabil- could have been saved between 1984 and the public good, which may happen to influ- ity to control spending. 1989, if the President had a line-item ence a majority of that body. PRESIDENTIAL POWER USED TO IMPLEMENT veto. Given Congress’ predilection for un- It is important because it can help BUDGETARY REFORM funded and/or pork barrel spending, This inability to control spending reduce the deficit. It can change the omnibus spending bills, and continuing was aggravated in 1974 by the Budget way Washington operates. Mr. Presi- resolutions, it would seem only pru- Control and Impoundment Act. If oppo- dent, we cannot turn a blind eye to un- dent and constitutional to provide the nents of the line-item veto are in necessary spending when we cannot President with functional veto power. meet the needs of our service men and The President must have more than search of a dangerous transfer of politi- women. We cannot tolerate this kind of the option of vetoing a spending bill cal power, they can end their search waste when Americans all over this and shutting down Government or sim- with that power grab by Congress. country are experiencing economic ply submitting to congressional coer- Specifically, the Budget Control and hardship and uncertainty. cion. Impoundment Act of 1974 weakened ex- We cannot ignore the line-item veto, Mr. President, let me emphasize that ecutive power by allowing the Congress when it is self-evident how effective it this bill is also known as enhanced re- the legal option of ignoring the spend- could be in reducing the deficit. We scission power. The Congress is not ing cuts recommended by the President cannot ignore any method of saving transferring power. We are proposing through simple inaction. the taxpayer’s hard-earned money. an end to business as usual. The tax- Since 1974, the Congress’ attitude to- The $6.3 billion of pork in the defense payer needs protection. ward Presidential rescission has be- appropriation bill is not an insignifi- Furthermore, this strictly defined come one of near total neglect. cant sum. $6.3 billion would pay for the and limited line-item veto will not fun- For example, President Ford pro- personnel and operating costs of 19,000 damentally upset the balance of power posed 150 rescissions, and Congress ig- enlisted personnel in the Air Force for between the executive and legislative nored 97. President Carter proposed 132 1 year. It would pay for the operating branches. And, it is consistent with the rescission, and Congress ignored 38. costs of up to 16 carrier battle groups values expressed in our Federation President Reagan proposed 601 for 1 year. It would pay for the operat- Constitution. recissions, and Congress ignored 384. ing costs of eight to nine fully armored Mr. President, criticism of the line- President Bush has proposed 47 rescis- army divisions. It would pay for the op- item veto has not stopped with the un- sions, and Congress ignored 45. erating costs of 14 to 15 light infantry founded charge of upsetting the deli- If the Congress had accepted the 564 divisions for 1 year. It would pay for cate balance of power between the Presidential rescissions that it has ig- the total operation of the soon to be President and Congress. Opponents nored since 1974, $40.4 billion would closed Williams Air Force Base in Ari- claim that it would give the President zona for 50 years. have been saved. This is not a trivial the power to coerce the Congress. That sum to a taxpayer, even if it is to a The American public deserves better is not true. than business as usual. As their elected hardened Washington veteran. This measure in no way tips the The practice of ignoring Presidential representatives we have an obligation checks and balance system so carefully rescissions is in contrast to the prac- to end the practice of pork-barrel crafted into the Constitution. The tice prior to the power grab by Con- spending. President is given very limited power gress in 1974. RETURN TO THE VIEWS OF THE FOUNDING by this bill. It is limited to appropria- FATHER AND THE CONSTITUTION tion bills and only for a limited time Presidents Truman, Eisenhower, Mr. President, let me remind my col- after their passage. Congress is guaran- Kennedy, Johnson, and Nixon all im- leagues that a President empowered teed the opportunity to quickly over- pounded funds that Congress had ap- with a veto is the system designed by turn the President’s rescissions. Oppo- propriated for line-item projects. In the Founding Fathers. It was not con- nents may hide behind the charge of the most telling example of Presi- sidered a threat to our republican form coercion, but Congress would not sub- dential impoundment as a means of of government by the Framers of the mit to presidential extortion. They controlling spending, President John- Constitution. would expose the President’s coercion, son impounded $5.3 billion for many of This bill in no way alters or violates and overturn any offensive rescission. his Great Society programs during the any of the principles of the Constitu- Charges that the President would Vietnam war to quell inflation. tion. It preserves wholly the right of abuse this power are also misleading These modern Presidents were not the Congress to control our Nation’s and unfounded. alone in their exercise of rescission purse strings—a trust the Congress has Again, I will rely upon Alexander power. In 1801, President Jefferson re- often violated. This legislation, how- Hamilton, who posed this question to fused to spend $50,000 on gunboats as January 4, 1995 CONGRESSIONAL RECORD — SENATE S 101 appropriated by Congress. He, of have mitigated some of the fiscal di- issue and will was eloquently on the course, had good reason. When the gun- lemma our Nation now faces. Senate floor on this subject. I believe boats were appropriated, a war with As we continue to face enormous their efforts were well intended, but all Spain was considered imminent. The budget deficits and annually search for the arguments cannot hide the fatal war never materialized, and the threat ways to reduce spending, it seems self- flaw that the system as it now exists is posed by Spain ebbed. Circumstances evident that there is a place in our not functioning properly. History now changed, and Jefferson thought it was budget process for a President empow- tells us it is time to change again and within his power to eliminate this un- ered with a line-item veto to provide give the President the authority that necessary spending. the needed discipline to eliminate 43 Governors possess. It is time to give The money for gunboats was not waste. With our public debt expected to the President the line-item veto. spent, and money was not appropriated approach $3.9 trillion this year and our This bill is only a small step, but one in 1802 for the gunboats. Gross Domestic Product or roughly $5.7 in the right direction. I urge my col- Clearly, the Union did not fall be- trillion, it is obvious that our debt may leagues to support this measure. cause the President refused to waste soon surpass our output. taxpayers’ money. With that in mind, I hope the Senate By Mr. DOLE (for himself, Mr. Until 1974, our Presidents had the would consider the following quote by HELMS, Mr. THURMOND, Mr. power to decide whether appropriated a prescient figure in the Scottish En- COHEN, Mr. WARNER, Mrs. moneys should be spent or not. lightenment, Alexander Tytler. He HUTCHISON, Mr. MCCAIN, Mr. Thus, whether through rescission, stated: LOTT, Mr. NICKLES, and Mr. impoundment, or deferral, the execu- A democracy cannot exist as a permanent MACK): tive branch had a significant role in form of government. It can exist only until a S. 5. A bill to clarify the war powers majority of voters discover that they can of Congress and the President in the spending control prior to the Budget vote themselves largesse out of the public Control and Impoundment Act of 1974. post-cold war period; to the Committee treasury. From that moment on, the major- on Foreign Relations. Again, Alexander Hamilton in ‘‘Fed- ity always votes for the candidate who prom- eralist No. 73’’ sheds light on the role ises them the most benefit from the public THE PEACE POWERS ACT OF 1995 of executive veto power in our system treasury, with the result being that democ- Mr. DOLE. Mr. President, today I am of checks and balances: racy always collapses over a loose fiscal pol- pleased to stand with Senators HELMS, icy. When men, engaged in unjustifiable pur- THURMOND, HATCH, COHEN, WARNER, suits, are aware that obstructions may come If our debt surpasses our output, I HUTCHISON, MCCAIN, LOTT, and NICKLES from a quarter which they cannot control, fear that our democracy may just col- to introduce the Peace Powers Act of they will often be restrained by the appre- lapse over loose fiscal policy. 1995. hension of opposition from doing what they Mr. President, we must recognize our Twenty-two years ago, I voted for S. would with eagerness rush into if no such ex- responsibility to change as the times 440, the War Powers Act of 1973. The ternal impediments were to be feared. dictate. We have sought to remedy act passed 72–18. Only 2 of those 18 Sen- ‘‘Those opposed to this amendment should what ails the budget process in the ators are serving in the 104th Congress: consider that pithy statement, and question whether they may be simply defending ‘‘un- past. As I have sought to do here, it is The chairman of the Foreign Relations justifiable pursuits’’ like bovine flatulence time we re-examine that history. And Committee, Senator HELMS, and the studies, Abraham Lincoln Research and In- Mr. President, I am convinced that a chairman of the Armed Services Com- terpretative Centers, unauthorized spending, real examination of that history re- mittee, Senator THURMOND. The con- or projects that ‘‘demonstrate methods of veals that if we are to get our fiscal ference report later passed, and Presi- eliminating traffic congestions. house in order we must change the dent Nixon’s veto was overridden. On Let me return to the broader picture process. each of those votes, I was in the major- of process reform. Many opponents It is not an embarrassment to do so. ity while Senator HELMS and Senator claim that a President with line-item And to do so should not be interpreted THURMOND were in the minority. After veto authority would not have any real by anyone as a method to affix blame two decades, I now admit they were ability to balance the budget or even for our current deficit. As the Presi- right, and I was wrong. significantly reduce the deficit. I will dent stated at his State of the Union Today, on the first day of the 104th make no claims that this bill is the an- Address, there is plenty of blame to go Congress, I am introducing legislation swer to all our budgetary problems. around. Now is the time to start anew. to repeal the War Powers Resolution. As I earlier stated, the line-item veto Now is the time to throw out games War Powers was an admirable effort. It is only one of many needed tools in our and gimmicks and embrace truth in was enacted in the aftermath of a divi- efforts to win the war. With roughly 1 budgeting. Now is the time to accept sive war. It was an attempt to prevent trillion of entitlement spending in a the facts as they are, and move for- more ‘‘Vietnams.’’ But the War Powers budget of $1.5 trillion, it is clear that a ward. Now is the time to play straight Resolution did not end division be- line-item veto won’t be the tool that with the process and fix it where we tween the executive and legislative solves all of our fiscal difficulties. Only can fix it, embrace the positive as- branch—it provided a focus for such di- a Congress with a political will not pects, and throw out those aspects of vision and may have actually increased characteristic of recent Congress’ will the process which are not serving us disputes between the branches. In my be able to balance the budget. well. view, the focus was unhealthy: auto- But, a President dedicated to re- This bill represents progress and matic termination of American troop straining Federal spending could use change. The only threat it represents is deployments if Congress did not act. line-item veto power as an effective to the power of the Appropriations Congress spent hours debating ‘‘immi- toll to reduce Government spending Committee. On the other hand, inac- nent hostilities’’ and other definitional and move closer to a balanced budget tion on budget process reform rep- matters—rather than the important than we are today. resents a threat to American democ- policy issues relating to war and peace. The GAO study makes my point. A racy. I ask my colleagues to carefully I have always believed that Congress President with line-item veto author- weigh these threats before as they con- has an important and central role in ity could have saved the American tax- sider this their position. the decisions of war and peace. I be- payer $70 billion since 1974. Lastly, let me emphasize again that lieve any President should work to get A determined President may not be this legislation is not radical, extreme, Congress behind decisions to use force able to balance the budget—only the or dangerous. For nearly 200 years our as early as possible. That’s what Presi- voters can ultimately control Con- Nation’s Presidents had some form of dent Bush did in 1991 before the war in gress—but a determined President impoundment or line-item veto power. the Persian Gulf. could make substantial progress to- For nearly 20 years now this power has S. 5 repeals the War Powers Act. S. 5 ward real spending reduction. been out of balance. adds back into law the War Powers pro- A President with line-item veto au- I give credit to those who tried to visions on consultation and reporting, thority could have played an active change the system. I give credit to provisions which have worked reason- role in deficit reduction, and could those who believe passionately on this able well. When an American President S 102 CONGRESSIONAL RECORD — SENATE January 4, 1995 acts in defense of American interests, with the Congress until United States Armed ‘‘(i) the proposed subordination of United the President should have all the flexi- Forces are no longer engaged in hostilities or States Armed Forces to foreign command is bility provided in the Constitution— have been removed from such situations. in the national security interest of the Unit- not be subject to an automatic with- SEC. 4. REPORTING. ed States; ‘‘(ii) the unit commanders of the United drawal ‘‘trigger’’ or a 60-day time (a) INITIAL REPORTS.—In the absence of a declaration of war, in any case in which States Armed Forces proposed for subordina- clock. tion to the command of foreign nationals S. 5 also addresses another aspect of United States Armed Forces are intro- duced— will at all times retain the ability to report the U.S. involvement in the post-cold (1) into hostilities or into situations where independently to higher United States mili- war world: U.N. peacekeeping. S. 5 im- imminent involvement in hostilities is clear- tary authorities; poses significant new limits on peace- ly indicated by the circumstances; ‘‘(iii) the United States will retain author- keeping policies which have jeopard- (2) into the territory, airspace, or waters of ity to withdraw the United States Armed ized American interests, squandered re- a foreign nation, while equipped for combat, Forces from the United Nations peacekeep- sources—and cost lives. S. 5 limits the except for deployments which relate solely ing activity at any time and to take action it considers necessary to protect those forces placing of American troops under for- to supply, replacement, repair, or training of such forces; or if they are endangered; and eign command. S. 5 also requires U.N. ‘‘(iv) the United States Armed Forces sub- assessments for peacekeeping be re- (3) in numbers which substantially enlarge United States Armed Forces equipped for ordinated to the command of foreign nation- duced by the mount spent by the De- combat already located in a foreign nation; als will at all times remain under United partment of Defense in direct or indi- States administrative command for such the President shall submit within 48 hours to purposes as discipline and evaluation. rect support of peacekeeping activities. the Speaker of the House of Representatives ‘‘(B) The justification for the determina- This addresses the absurd situation and to the President pro tempore of the Sen- tion made pursuant to subparagraph (A)(i). where the United States spends billions ate a report, in writing, setting forth— ‘‘(C) A memorandum of legal points and on Somalia, for example, and then re- (A) the circumstances necessitating the in- authorities explaining why the proposed for- troduction of United States Armed Forces; ceives a bill from the United Nations eign command arrangement does not violate (B) the constitutional and legislative au- for millions more—as an assessment the Constitution. thority under which such introduction took for our share of peacekeeping. ‘‘(2) The documents described in paragraph place; and S. 5 addresses the out of control defi- (1) shall be submitted to the appropriate con- (C) the estimated scope and duration of the cit voting which has occurred in the gressional committees not less than 15 days hostilities or involvement. before any element of the United States United Nations. S. 5 requires the ad- (b) ADDITIONAL INFORMATION.—The Presi- Armed Forces is subordinated to the com- ministration to tell Congress how it dent shall provide such other information as mand and control of a foreign national, ex- will pay for peacekeeping operations the Congress may request in the fulfillment cept that if the President determines that an of its constitutional responsibilities with re- before they vote for such operations emergency exists which prevents compliance spect to committing the Nation to war and and incur any obligation. S. 5 also with the requirement that notice be provided to the use of United States Armed Forces makes clear that no resources can be 15 days in advance, those documents shall be abroad. committed in New York which have submitted in a timely manner but no later (c) PERIODIC REPORTS.—Whenever United not been appropriated by Congress. The than 48 hours after such subordination. States Armed Forces are introduced into ‘‘(d) For purposes of this section, the term Congress is a little tired of being told hostilities or into any situation described in ‘appropriate committees of Congress’ we owe arrearages which the adminis- subsection (a) of this section, the President means— tration has made no efforts to finance. shall, so long as such armed forces continue ‘‘(1) the Committee on National Security, to be engaged in such hostilities or situa- S. 5 says if you cannot pay for it, don’t the Committee on Appropriations, and the tion, report to the Congress periodically on vote for it. Finally, S. 5 reaffirms Con- Committee on International Relations of the the status of such hostilities or situation as gress’ commitment to the reduction of House of Representatives; and well as on the scope and duration of such the U.S. assessment for U.N. peace- ‘‘(2) the Committee on Armed Services, the hostilities or situation, but in no event shall keeping to 25 percent—even if the Unit- Committee on Appropriations, and the Com- he report to the Congress less often than mittee on Foreign Relations of the Senate.’’. ed Nations tries to change U.S. interest once every 6 months. or penalties. SEC. 5. LIMITATION ON PLACEMENT OF UNITED SEC. 6. REDUCTION OF UNITED NATIONS ASSESS- S. 5 will be the subject of many hear- STATES ARMED FORCES UNDER MENTS TO THE UNITED STATES FOR ings—in Foreign Relations, in Armed FOREIGN COMMAND FOR A UNITED PEACEKEEPING OPERATIONS. Services, and perhaps in other commit- NATIONS PEACEKEEPING ACTIVITY. (a) ANNUAL REPORT.—The President shall, tees. Maybe certain provisions can be Section 6 of the United Nations Participa- at the time of submission of the budget to improved in the course of our review. I tion Act (22 U.S.C. 287d) is amended to read Congress for any fiscal year, submit to the as follows: appropriate committees of Congress a report ask that a summary of the provisions ‘‘SEC. 6. (a) Any special agreement or on the total amount of funds appropriated of S. 5 be printed in the RECORD at the agreements negotiated by the President with for national defense purposes for any fiscal conclusion of my remarks. the Security Council providing for the num- year after fiscal year 1995 that were expended There being no objection, the mate- bers and types of United States Armed during the preceding fiscal year to support rial was ordered to be printed in the Forces, their degree of readiness and general or participate in, directly or indirectly, RECORD as follows: locations, or the nature of facilities and as- United Nations peacekeeping activities. S. 5 sistance, including rights of passage, to be Such report shall include a breakdown by made available to the Security Council for United Nations peacekeeping operation of Be it enacted by the Senate and House of Rep- the purpose of maintaining international the amount of funds expended to support or resentatives of the United States of America in peace and security in accordance with Arti- participate in each such operation. Congress assembled, cle 43 of the United Nations Charter, shall be (b) LIMITATION.—In each fiscal year begin- SECTION 1. SHORT TITLE. subject to the approval of the Congress by ning with fiscal year 1996, funds may be obli- This Act may be cited as the ‘‘Peace Pow- Act or joint resolution. gated or expended for payment to the United ers Act of 1995’’. ‘‘(b) The President may not subordinate to Nations of the United States assessed share SEC. 2. REPEAL OF THE WAR POWERS RESOLU- the command or operational control of any of peacekeeping operations for that fiscal TION. foreign national any element of the United year only to the extent that such assessed (a) WAR POWERS RESOLUTION.—The War States Armed Forces participating in any share exceeds the total amount identified in Powers Resolution (Public Law 95–148; 50 United Nations peacekeeping activity un- the report submitted pursuant to subsection U.S.C. 1541 et seq.) is repealed. less— (a) for the preceding fiscal year, reduced by (b) CONFORMING REPEAL.—Section 1013 of ‘‘(1) the President satisfies the require- the amount of any reimbursement or credit the Department of State Authorization Act, ments of subsection (c); or to the United States by the United Nations Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) is ‘‘(2) the Congress enacts an Act or joint for the costs of United States support for, or hereby repealed. resolution specifically authorizing such sub- participation in, United Nations peacekeep- SEC. 3. CONSULTATION. ordination. ing activities for that fiscal year. The President in every possible instance ‘‘(c)(1) The requirements referred to in sub- (c) DEFINITIONS.—As used in this section: shall consult with Congress before introduc- section (b)(1) are that the President submit (1) The term ‘‘United Nations peacekeeping ing United States Armed Forces into hos- to the designated congressional committees activities’’ means any international peace- tilities or into situations where imminent (at the time specified in paragraph (2) of this keeping, peacemaking, peace-enforcing, or involvement in hostilities is clearly indi- subsection) the following documents: similar activity that is authorized by the cated by the circumstances, and after every ‘‘(A) A determination by the President United Nations Security Council under chap- such introduction shall consult regularly that— ter VI or VII of the United Nations Charter. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 103 (2) The term ‘‘appropriate committees of the United Nations, should advise the Secu- There being no objection, the bill was Congress’’ means— rity Council of the requirement of this sec- ordered to be printed in the RECORD, as (A) the Committee on National Security, tion on each occasion when the United follows: the Committee on Appropriations, and the States supports a Security Council resolu- Committee on International Relations of the tion that may result in United States as- S. 6 House of Representatives; and sessed contributions to the United Nations (B) the Committee on Armed Services, the exceeding amounts currently available to be Be it enacted by the Senate and House of Rep- Committee on Appropriations, and the Com- obligated for that purpose.’’. resentatives of the United States of America in mittee on Foreign Relations of the Senate. SEC. 9. LIMITATION ON ASSESSMENT PERCENT- Congress assembled, SEC. 7. PRIOR CONGRESSIONAL NOTIFICATION AGE FOR PEACEKEEPING ACTIVI- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TIES. OF SECURITY COUNCIL VOTES ON (a) SHORT TITLE.—This Act may be cited as UNITED NATIONS PEACEKEEPING Section 404(b)(2) of the Foreign Relations the ‘‘Working Americans Opportunity Act’’. ACTIVITIES. Authorization Act, Fiscal Years 1994 and 1995 (b) TABLE OF CONTENTS.—The table of con- (a) NOTICE TO CONGRESS OF PROPOSED UNIT- (Public Law 103–236) is amended by adding at tents for this Act is as follows: ED NATIONS PEACEKEEPING ACTIVITIES.—Sec- the end the following new sentence: ‘‘Any tion 4 of the United Nations Participation penalties, interest, or other charges imposed Sec. 1. Short title; table of contents. Act of 1945 (22 U.S.C. 287b) is amended— on the United States in connection with such Sec. 2. Findings and purposes. (1) by redesignating subsection (e) as sub- contributions shall be credited as a part of Sec. 3. Definitions. section (g); and the percentage limitation contained in the TITLE I—JOB TRAINING ACCOUNT (2) by inserting after subsection (d) the fol- preceding sentence.’’. SYSTEM lowing: S. 5, THE PEACE POWERS ACT OF 1995— ‘‘(e) NOTICE TO CONGRESS OF PROPOSED JANUARY 4, 1995 Sec. 101. Establishment. UNITED NATIONS PEACEKEEPING ACTIVITIES.— Repeals War Powers Resolution of 1973 in Sec. 102. Individual choice. (1) Except as provided in paragraph (2), at its entirety (section 2). Sec. 103. Eligibility. least 15 days before any vote in the Security Consultation provisions added back: in ad- Sec. 104. Obtaining a voucher. Council to authorize any United Nations vance in ‘‘every possible instance’’ and ‘‘reg- peacekeeping activity or any other action Sec. 105. Oversight and accountability. ularly’’ while deployment underway (section under the Charter of the United Nations (in- Sec. 106. Eligibility requirements for provid- 3, old section 3 of War Powers) cluding any extension, modification, suspen- ers of job training. Reporting provisions added back: reports sion, or termination of any previously au- Sec. 107. Eligibility requirements for provid- ‘‘within 48 hours’’ of deployments (section 4, thorized United Nations peacekeeping activ- ers of employment-related serv- old section 4 of War Powers). ity or other action) which would involve the ices. Withdrawal triggers, ‘‘time clocks’’ and ex- use of United States Armed Forces or the ex- pedited procedures are gone (old sections 5–8 Sec. 108. Evaluation of training account sys- penditure of United States funds, the Presi- of War Powers, and a post-Chadha reference) tem and assistance centers. dent shall submit to the designated congres- Strict limitation on placement of U.S. Sec. 109. Apportionment of funds. sional committees a notification with re- troops under foreign command for U.N. spect to the proposed action. The notifica- TITLE II—ELIMINATION OF FEDERAL peacekeeping operations (section 5). Provides tion shall include the following: JOB TRAINING PROGRAMS for presidential determination to allow plac- ‘‘(A) A cost assessment of such action (in- ing troops under foreign command (to ad- Sec. 201. Elimination of programs. cluding the total estimated cost and the dress constitutional concerns). Sec. 202. Authorization of appropriations. United States share of such cost). Mandatory credit for Defense Department ‘‘(B) Identification of the source of funding TITLE III—INFORMATION FOR BETTER spending (section 6) requires U.N. assess- for the United States share of the costs of CHOICES ments be reduced by the amount DoD spent the action (whether in an annual budget re- in direct or indirect support of U.N. peace- Sec. 301. Assistance centers. quest, reprogramming notification, a rescis- keeping activities. Sec. 302. Access to labor market informa- sion of funds, a budget amendment, or a sup- Mandatory identification of funding before tion. plemental budget request). votes to establish, extend or expand peace- Sec. 303. Direct loans to working Americans. ‘‘(2)(A) If the President determines that an keeping operations (section 7) improves on emergency exists which prevents submission TITLE IV—REPORTS AND PLANS current law which requires only a cost as- of the 15-day advance notification specified sessment but allows ‘‘deficit voting.’’ Sec- Sec. 401. Consolidation and streamlining. in paragraph (1) and that the proposed action tion 8 also requires the President to make Sec. 402. Report relating to income support. is in the national security interests of the any determination to waive the advance no- United States, the notification described in SEC. 2. FINDINGS AND PURPOSES. tice, and adds penalties from the Anti Defi- paragraph (1) shall be provided in a timely (a) FINDINGS.—Congress finds that— ciency Act to votes not in accordance with manner but no later than 48 hours after the (1) increasing international competition, this section. vote by the Security Council. technological advances, and structural Requires notice that U.S. resource com- ‘‘(B) Determinations made under subpara- changes in the economy of the United States mitments are subject to Congressional ap- graph (A) may not be delegated. present new challenges to private firms and propriations (section 8), places the U.N. on ‘‘(f) ADVERSE PERSONNEL ACTIONS AND public policymakers in creating a skilled notice that the U.S. cannot commit funds CRIMINAL PENALTIES.—Any officer or em- workforce with the ability to adapt to which are not yet appropriated (parallel to ployee of the United States Government who change and progress; legislation governing international financial knowingly and willfully obligates or expends (2) a substantial number of Americans lose United States funds to carry out any Secu- institutions) jobs due to the constantly changing world rity Council action described in subsection Reaffirms congressional mandate to reduce and national economies rather than cyclical (e) without the requirements of that sub- U.S. peacekeeping assessment to 25% (sec- downturns, with more than 2,000,000 full-time section having been met shall be subject to tion 9), despite United Nations’ plans to add workers permanently displaced annually due the same adverse personnel actions and late fees, penalties, etc. to plant closures, production cutbacks, and criminal penalties as are described in sec- layoffs; tions 1349 and 1350, respectively, of title 31, By Mr. DASCHLE (for himself, (3) the current response of the Federal United States Code (originally enacted in Mr. KENNEDY, Mr. BREAUX, Ms. Government to dislocation and structural the Anti-Deficiency Act).’’. MIKULSKI, Mr. REID, Mr. ROCKE- employment is a patchwork of categorical SEC. 8. AVAILABILITY OF APPROPRIATIONS. FELLER, Mr. DODD, Mr. KERRY, programs, with varying eligibility require- Section 4 of the United Nations Participa- Mr. DORGAN, and Ms. MOSELEY- ments and different sets of services and bene- tion Act of 1945 (22 U.S.C. 2876), as amended BRAUN): fits; by section 7, is further amended— S. 6. A bill to replace certain Federal (4) the lack of coherence among existing (1) by redesignating subsection (g) as sub- job training programs by developing a Federal programs creates administrative and regulatory obstacles that hamper the efforts section (h); and training account system to provide in- (2) by inserting after subsection (f) the fol- of individuals who are seeking new jobs or lowing: dividuals the opportunity to choose the reemployment; ‘‘(g) AVAILABILITY OF APPROPRIATIONS.—(1) type of training and employment-relat- (5) enacted in 1944, the Servicemen’s Read- The authority to obligate United States ed services that most closely meet the justment Act of 1944, popularly known as the funds to carry out any action pursuant to a needs of such individuals, and for other GI Bill of Rights, helped millions of World United Nations Security Council resolution purposes; to the Committee on Labor War II veterans, and later, Korean and Viet- under chapter VI or VII of the United Na- and Human Resources. nam War veterans, finance college edu- tions Charter may be exercised only to the cations and assisted in building the middle WORKING AMERICANS OPPORTUNITY ACT extent and in the amounts provided in appro- class of the United States; priation Acts. Mr. DASCHLE. Mr. President, I ask (6) restructuring the current job training ‘‘(2) The President, acting through the unanimous consent that the text of the system, with respect to dislocated and dis- United States Permanent Representative to bill be printed in the RECORD. advantaged workers, in a manner that is S 104 CONGRESSIONAL RECORD — SENATE January 4, 1995 conceptually similar to the GI Bill will help natural disasters to which subparagraph (v) other appropriate employment-related millions of Americans to become more com- (A)(iv) applies. services. petitive in today’s dynamic world economy (2) COMMUNITY-BASED ORGANIZATIONS.—The (B) SPECIAL RULE.—A recipient of a vouch- in which most Americans— term ‘‘community-based organizations’’ er under subsection (a) may not pay by (A) can expect to move to new jobs a num- means private nonprofit organizations that— voucher more than $750 for job search assist- ber of times, voluntarily or by layoff; and (A) are representative of communities or ance services. (B) must upgrade their skills continuously; significant segments of communities; and (7) success in this ever-changing environ- (B) provide education, training, and related SEC. 103. ELIGIBILITY. ment depends, in part, on an individual’s ef- services. An individual shall be eligible to receive a fective management of the individual’s ca- (3) ECONOMICALLY DISADVANTAGED ADULT.— voucher under this title if such individual reer based on personal choice and reliable in- The term ‘‘economically disadvantaged is— formation; adult’’ means an individual who is age 18 and (1) a dislocated worker; or (8) there is insufficient market informa- older and who has, or is a member of a fam- (2) an economically disadvantaged adult. tion and assistance regarding access to job ily that has, received a total family income training opportunities that lead to good em- (exclusive of unemployment compensation, SEC. 104. OBTAINING A VOUCHER. ployment opportunities; child support payments, and welfare pay- (a) APPLICATION.—An individual who de- (9) only a small fraction of individuals eli- ments) that, in relation to family size, was sires to participate in a training account gible for current Federal job training are not in excess of the higher of— program established under this title shall now served, and by removing obstacles and (A) the official poverty line (as defined by submit an application to a voucher applica- layers of administrative costs, more funds the Office of Management and Budget, and tion office described in subsection (b)(1) at will be made available to individuals to en- revised annually in accordance with section such time, in such manner, and accompanied able such individuals to receive the training 9902(2)) of title 42; or by such information as the Governor may of their choice; and (B) 70 percent of the lower living standard reasonably require. The Governor shall, to (10) while the Federal Government pro- income level. the extent that appropriations are available, ceeds to create a new marketplace for job (4) GOVERNOR.—The term ‘‘Governor’’ approve an application that meets the appli- training, the Federal Government must also means the chief executive of any State. cation requirements of regulations issued maintain its commitment to providing in- (5) PROVIDER.—The term ‘‘provider’’ means under section 105 and promptly notify such tensive services to assist those individuals a public agency, private nonprofit organiza- applicant of such approval. who are economically disadvantaged. tion, or private for-profit entity that deliv- (b) STATE-DESIGNATED VOUCHER APPLICA- (b) PURPOSES.—It is the purpose of this Act ers basic employment, educational, job TION OFFICES.— to— training, employment-related, or supportive (1) ESTABLISHMENT.—Each State shall des- (1) enhance the choices available to dis- services. ignate or establish easily accessible voucher located workers, and the economically dis- (6) STATE.—The term ‘‘State’’ means any of application offices within such State to as- advantaged, who want to upgrade their work the several States, the District of Columbia, sist in administering the training account skills and learn new skills to compete in a the Commonwealth of Puerto Rico, the Vir- system under this title. Such offices may be changing economy; gin Islands, Guam, the Commonwealth of the administered by private (for-profit or not- (2) enable individuals to make choices that Northern Mariana Islands, American Samoa, for-profit) or public entities. are best for the careers of such individuals; the Republic of the Marshall Islands, the (3) replace a number of Federal job train- (2) DUTIES.—Each voucher application of- Federated States of Micronesia, and the Re- fice shall— ing programs and employment-related serv- public of Palau. ices with a simple and direct training ac- (A) provide applications for vouchers under TITLE I—JOB TRAINING ACCOUNT count voucher system that relies on individ- this title to interested individuals, assist SYSTEM ual choice and provides high-quality job such individuals in completing such applica- market information; SEC. 101. ESTABLISHMENT. tions, and collect completed applications for (4) allow an individual to tailor training Not later than January 1, 1996, the Sec- determination of eligibility; and education to the personal needs of such retary of Labor and the Secretary of Edu- (B) provide performance-based information individual so that such individual may re- cation shall jointly establish pursuant to the to applicants relating to service providers el- main in long-term employment yet have the requirements of this Act a job training ac- igible to receive payment by voucher in ac- means to be flexible when necessary; and count system that provides vouchers to indi- cordance with section 106 or 107, whichever is (5) create a system that provides timely viduals for the purpose of the provision of applicable; and reliable information to individuals to job training and employment-related serv- (C) carry out such other duties relating to use to assist such individuals in making the ices. the training account system as may be speci- best choices with respect to the use of vouch- SEC. 102. INDIVIDUAL CHOICE. fied by the Governor or prescribed in regula- ers for job training and employment-related (a) IN GENERAL.—Upon notification of ap- tions issued jointly by the Secretary of services. proval of an application under section 104, an Labor and the Secretary of Education; and SEC. 3. DEFINITIONS. individual may receive a voucher in the (D) provide information on— As used in this Act: amount of $3,000 for 2-years beginning on the (i) the local economy and availability of (1) DISLOCATED WORKERS.— date on which an application is approved employment; (A) IN GENERAL.—The term ‘‘dislocated under section 104. (ii) profiles of local industries; and workers’’ means individuals who— (b) USE OF TRAINING ACCOUNT VOUCHERS (iii) details of local labor market demand. (i) have been terminated or laid off or who FOR JOB TRAINING AND EMPLOYMENT-RELATED (3) CONFLICT OF INTEREST STANDARDS.—The have received a notice of termination or lay- SERVICES.— Secretary of Labor and the Secretary of Edu- off from employment, are eligible for or have (1) IN GENERAL.—An individual who is a re- cation shall jointly issue regulations estab- exhausted their entitlement to unemploy- cipient of a voucher under subsection (a) lishing procedures to ensure that voucher ap- ment compensation, and are unlikely to re- may use such voucher to purchase job train- plication offices that are administered by an turn to their previous industry or occupa- ing or employment-related services from entity that is concurrently an eligible pro- tion; providers that meet the requirements of sec- vider of services under the training account (ii) have been terminated or have received tion 106 or 107, whichever is applicable. system provide information to voucher ap- a notice of termination of employment, as a (2) AUTHORIZED JOB TRAINING AND EMPLOY- plicants relating to the other providers of result of any permanent closure of or any MENT-RELATED SERVICES.— services in the local area in an objective and substantial layoff at a plant, facility, or en- (A) IN GENERAL.—The job training and em- equitable manner. terprise; ployment-related services described in para- (c) SENSE OF THE CONGRESS.—It is the sense (iii) are long-term unemployed and have graph (1) may include— of the Congress that as States become more limited opportunities for employment or re- (i) associate degree or nondegree programs experienced with administering vouchers to employment in the same or a similar occupa- at— eligible individuals that the voucher applica- tion in the area in which such individuals re- (I) two- and four-year colleges; tions offices described in subsection (b) side, including older individuals who may (II) vocational and technical education should be converted to one stop assistance have substantial barriers to employment by schools; centers described in section 301. reason of age; or (III) private for-profit and not-for-profit (iv) were self-employed (including farmers training organizations; SEC. 105. OVERSIGHT AND ACCOUNTABILITY. and ranchers and fishermen) and are unem- (IV) public agencies and schools; and (a) IN GENERAL.—Not later than 6 months ployed as a result of general economic condi- (V) community-based organizations; after the date of enactment of this Act, the tions in the community in which they reside (ii) employer work-based training pro- Secretary of Labor and the Secretary of Edu- or because of natural disasters, subject to grams; cation shall jointly issue regulations that— regulations prescribed by the Secretary. (iii) job search assistance; (1) specify the— (B) SPECIAL RULE.—The Secretary of Labor (iv) in the case of individuals who are eco- (A) voucher application requirements; shall establish categories of self-employed nomically disadvantaged, preemployment (B) form of vouchers; individuals and of economic conditions and training programs; or (C) use of such vouchers; January 4, 1995 CONGRESSIONAL RECORD — SENATE S 105 (D) method of redemption of such vouch- performance-based information that is to be tions of higher education or other providers ers; submitted by providers of job training desir- of job training to participate in programs (E) most expeditious and effective process ing to be eligible under this section. Such in- under this Act or under title IV of the Higher of distribution (consistent with the findings formation may include information relating Education Act of 1965. and purposes of this Act) of a voucher from to— SEC. 107. ELIGIBILITY REQUIREMENTS FOR PRO- the Federal Government to eligible individ- (A) the percentage of students completing VIDERS OF EMPLOYMENT-RELATED uals; and the programs conducted by a provider of job SERVICES. (F) the arrangements necessary to phase in training; (a) IN GENERAL.—A provider of employ- the training account system in each State in (B) the rates of licensure of graduates of ment-related services shall be eligible to re- a timely manner; the programs conducted by such provider; ceive payment by voucher under this title if (2) specify the duties and responsibilities of (C) the percentage of graduates of the pro- such provider— providers under a training account program grams conducted by such provider that meet (1) is determined to be eligible under proce- established by a State under this title; skill standards and certification require- dures described in subsection (b); and (3) include a role for a State in the over- ments endorsed by the National Skill Stand- (2) provides the performance-based infor- sight of such providers of such State; ards Board established under section 503 of mation required pursuant to subsection (c). the National Skills Standards Act of 1994; (4) specify the Federal and State respon- (b) PROCEDURES.—The Governor, after con- sibilities in such oversight, including the en- (D) the rates of placement and retention in sultation with local elected officials and employment, and earnings of the graduates forcement responsibilities and the deter- other appropriate entities in the State, shall of the programs conducted by such provider; mination of administrative costs with re- establish eligibility procedures for providers (E) the percentage of graduates of the pro- spect to a State that establishes a training of employment-related services in such State gram conducted by such provider who ob- account program under this title; desiring to receive payment by voucher tained employment in an occupation related (5) include provisions that encourage under this title. Such procedures shall estab- to such program conducted by such provider; States to distribute in a regionally balanced lish minimum acceptable levels of perform- and manner, to the extent practicable, vouchers ance for such providers based on factors and (F) the warranties or guarantees provided to individuals to purchase job training or guidelines developed by the Secretary of by such provider relating to the skill levels employment-related services in such State; Labor. and or employment to be attained by graduates of the program conducted by such provider. (c) PERFORMANCE-BASED INFORMATION.— (6) specify the manner in which economi- The Secretary of Labor and the Secretary of (2) ADDITIONS.—The Governor may, pursu- cally disadvantaged individuals will receive Education shall identify performance-based adequate counseling and support services ant to the approval of the Secretary of Labor and the Secretary of Education, prescribe ad- information that is to be submitted by pro- necessary to take full advantage of the viders of employment-related services desir- voucher assistance under this title. ditional performance-based information that shall be submitted by providers of job train- ing to be eligible under this section. (b) PUBLIC COMMENTS.—In promulgating regulations under subsection (a), the Sec- ing pursuant to this subsection. SEC. 108. EVALUATION OF TRAINING ACCOUNT SYSTEM AND ASSISTANCE CENTERS. retary of Labor and the Secretary of Edu- (d) ADMINISTRATION.— (1) STATE AGENCY.—The Governor shall des- cation shall provide the opportunity for com- The Secretary of Labor and the Secretary ignate a State agency to collect, verify, and ment from the public, including representa- of Education shall annually— disseminate the performance-based informa- tives of the business community, workers, (1) monitor the effectiveness of the train- tion submitted pursuant to paragraph (1) of and community-based organizations. ing account system and the assistance cen- subsection (c). ters established under section 301; SEC. 106. ELIGIBILITY REQUIREMENTS FOR PRO- (2) APPLICATION.—A provider of job train- VIDERS OF JOB TRAINING. (2) evaluate the benefit of such system and ing desiring to be eligible to receive funds centers to voucher recipients under this title (a) ELIGIBILITY REQUIREMENTS.—A provider under this title shall submit the information and the taxpayer; and of job training shall be eligible to receive required under subsection (c) to the State (3) submit to the appropriate committees payment by voucher under this title if such agency designated under paragraph (1) at of Congress information obtained from such provider— such time and in such form as such State evaluation. (1) is— agency may require. SEC. 109. APPORTIONMENT OF FUNDS. (A) eligible to participate in programs (3) LIST OF ELIGIBLE PROVIDERS.—The State under title IV of the Higher Education Act of agency designated under paragraph (1) shall (a) IN GENERAL.—The Secretary of Labor 1965; or compile a list of eligible providers, accom- and the Secretary of Education shall, with- (B) determined to be eligible under the pro- panied by the performance-based informa- out in any way reducing the commitment of, cedures described in subsection (b); and tion submitted, and disseminate such list or the level of effort by, the Federal Govern- (2) provides the performance-based infor- and information to the voucher application ment to improve the education, employ- mation required pursuant to subsection (c). offices described under section 105(b)(1), as- ment, and earnings of all workers and job- (b) ALTERNATIVE ELIGIBILITY PROCEDURE.— sistance centers under section 301, and other seekers (particularly in hard-to-serve com- (1) IN GENERAL.—The Governor shall estab- appropriate entities within the State. munities), jointly apportion funds appro- lish an alternative eligibility procedure for (4) ACCURACY OF INFORMATION.— priated under section 202 to each State for providers of job training desiring to receive (A) IN GENERAL.—If the State agency deter- each fiscal year in accordance with sub- payment by voucher under this title, but mines that a provider of training services section (b). that are not eligible to participate in pro- submitted inaccurate performance-based in- (b) CONSIDERATION OF FACTORS.— grams under title IV of the Higher Education formation under this subsection, then such (1) IN GENERAL.—An apportionment of Act of 1965. provider shall be disqualified from receiving funds under subsection (a) shall be based on (2) PROCEDURE REQUIREMENTS.—The proce- funds under this title for a period of 2 years the following factors: dure described in paragraph (1) shall estab- beginning on the date of such determination, (A) The relative number of unemployed in- lish minimum acceptable levels of perform- unless such provider can demonstrate to the dividuals who reside in each State as com- ance for providers of job training based on satisfaction of the Governor or a designee of pared to the total number of unemployed in- factors and guidelines developed jointly by the Governor, that the information was pro- dividuals in all the States. the Secretary of Labor and the Secretary of vided in good faith. (B) The relative excess number of unem- Education. Such factors shall be comparable (B) APPEAL.—The Governor shall establish ployed individuals who reside in each State in rigor and scope to those provisions of part a procedure for a provider of job training to as compared to the total excess number of H of title IV of the Higher Education Act of appeal a determination by a State agency unemployed individuals in all the States. 1965 that are used to determine an institu- that results in a disqualification under sub- (C) The relative number of individuals who tion of higher education’s eligibility to par- paragraph (A). Such procedure shall provide have been unemployed for 15 weeks or more ticipate in programs under such part as are an opportunity for a hearing and prescribe and who reside in each State as compared to appropriate to the type of provider seeking appropriate time limits to ensure prompt the total number of such individuals in all eligibility under this subsection and the na- resolution of the appeal. the States. ture of the education and training services (5) ASSISTANCE IN DEVELOPING INFORMA- (D) The relative number of economically to be provided. TION.—The State agency designated under disadvantaged adults who reside in each (3) LIMITATION.—Notwithstanding para- paragraph (1) may provide technical assist- State. graph (1), if the participation of an institu- ance to a provider of job training in develop- (2) DEFINITION.—For purposes of this sub- tion of higher education in any of the pro- ing the performance-based information re- section, the term ‘‘excess number’’ means grams under title IV of the Higher Education quired under subsection (c). Such assistance the number which represents unemployed in- Act of 1965 is terminated, such institution may include facilitating the utilization of dividuals in excess of 4.5 percent of the civil- shall not be eligible to receive funds under State administrative records, such as unem- ian labor force in the State. this Act for a period of 2 years beginning on ployment compensation wage records, and (c) FUNDS FOR VOUCHERS.— the date of such termination. other appropriate coordination activities. (1) IN GENERAL.—Except as provided in (c) PERFORMANCE-BASED INFORMATION.— (6) CONSULTATION.—The Secretary of Labor paragraph (2), not less than 75 percent of (1) CONTENTS.—The Secretary of Labor and shall consult with the Secretary of Edu- funds apportioned to a State under sub- the Secretary of Education, shall identify cation regarding the eligibility of institu- section (a) shall be made available in the S 106 CONGRESSIONAL RECORD — SENATE January 4, 1995 form of vouchers to individuals in the State (N) The Displaced Homemakers Self-Suffi- (A) Regional labor market demand. who are eligible under section 103. ciency Assistance Act (29 U.S.C. 2301 et seq.); (B) Regional employment opportunities. (2) WAIVER.—The Secretary of Labor may (O) Section 43 of the Airline Deregulation (C) Regional industries and employers. waive the requirement under paragraph (1) Act of 1978 (49 U.S.C. App. 1552) (D) Demographic, socioeconomic, and eco- for a State if— (P) Title II of Public Law 95-250 (92 Stat. nomic characteristics of particular regions. (A) such State provides job training and 172). employment-related services other than the (2) EFFECTIVE DATE.—The repeals made by SEC. 303. DIRECT LOANS TO WORKING AMERI- job training and employment-related serv- paragraph (1) shall take effect on January 1, CANS. ices provided through vouchers; and 1996. (a) FINDINGS.—The Congress finds that the (B) such services are considered by the Sec- SEC. 202. AUTHORIZATION OF APPROPRIATIONS. Federal Direct Student Loan Program au- retary of Labor to be more beneficial to indi- There are authorized to be appropriated to thorized by part D of title IV of the Higher viduals in such State to meet the self-deter- carry out this Act for fiscal years 1996, 1997, Education Act of 1965, is a valuable financing mined training needs of such individuals. and 1998 the same level of funds that were tool for working Americans who desire to (d) NONVOUCHER EMPLOYMENT-RELATED appropriated for the programs described in take advantage of training and education SERVICES.— section 201(b) for fiscal year 1995. programs, consistent with the goals of such (1) IN GENERAL.—The remaining balance of TITLE III—INFORMATION FOR BETTER Americans, to learn new skills for careers the funds apportioned under subsection (a) CHOICES that may bring higher salaries and improved shall be used for employment-related serv- quality of life. SEC. 301. ASSISTANCE CENTERS. ices that are provided through means other (b) AWARENESS.—The Department of Edu- (a) ESTABLISHMENT.— than voucher and that increase the prob- cation shall endeavor to make known the ability that such individuals will benefit (1) IN GENERAL.—A State may, with the funds made available under section 109(d), value and availability of direct loans from training and reenter the workforce. through the Federal Direct Student Loan (2) AUTHORIZED SERVICES.—The employ- make arrangements with private or public entities to establish assistance centers to Program under part D of title IV of the High- ment-related services described in paragraph er Education Act of 1965 through cooperative (1) may include— provide voucher recipients under title I, job- seekers, employers, and workers information arrangements with training and educational (A) skill assessments; training programs, assistance centers, State (B) testing; and employment-related services to increase agencies, and other Federal agencies. (C) counseling; the probability that such individuals will (D) job development; benefit from job training and make better TITLE IV—REPORTS AND PLANS (E) work experience evaluation; use of other Federal job training assistance. (F) job readiness training; An assistance center may serve as the loca- SEC. 401. CONSOLIDATION AND STREAMLINING. (G) basic skills education; tion where individuals may apply to become (a) REPORT ON CONSOLIDATING NONCOVERED (H) supportive and supplemental services; eligible for voucher assistance under title I. FEDERAL JOB TRAINING PROGRAMS.—Not and (2) LOCATION.—An assistance center may be later than January 1, 1996, and each year (I) rapid response. located within an existing unemployment of- thereafter, the Secretary of Labor and the (3) AVAILABILITY OF SERVICES.—The serv- fice. Secretary of Education shall jointly prepare ices described in paragraph (2) and any other (3) PUBLIC CONSULTATION.—A State that de- and submit to Congress a report on how addi- related services may be made available sires to establish an assistance center is en- tional Federal job training programs not through assistance centers established under couraged to consult the public, including the covered by this Act can be consolidated into title III. business community, and workers, regarding a more integrated and accountable (e) SPECIAL RULE.—The Secretary of Labor the choice of services to be made available workforce development system that better and the Secretary of Education shall jointly and the location of such center. meets the needs of jobseekers, workers, and (b) AVAILABLE INFORMATION.—The informa- determine the equitable distribution of business. voucher assistance and nonvoucher assist- tion made available to individuals described (b) PLAN ON USE OF COMMON DEFINITIONS, ance under subsections (c) and (d), respec- in subsection (a) shall include data on— MEASURES, STANDARDS, AND CYCLES.—Not tively, between dislocated workers and eco- (1) the local economy and availability of later than 180 days after the date of enact- nomically disadvantaged adults. employment; ment of this Act, the Secretary of Labor and TITLE II—ELIMINATION OF FEDERAL JOB (2) profiles of local industries; (3) details of local labor market demand; the Secretary of Education shall jointly de- TRAINING PROGRAMS velop a plan that, wherever practicable, re- SEC. 201. ELIMINATION OF PROGRAMS. (4) local demographic and socioeconomic characteristics; quires all Federal job training programs not (a) SENSE OF CONGRESS.—It is the sense of covered by this Act to use common defini- Congress that the elimination and streamlin- (5) the performance of training and edu- cation providers; and tions, common outcome measures, common ing of Federal job training programs should eligibility standards, and common funding be accomplished without in any way reduc- (6) private support service providers. (c) EMPLOYMENT-RELATED SERVICES.—The cycles in order to make such training pro- ing the commitment of, or the level of effort grams more accessible. by, the Federal Government to improve the employment-related services available to in- education, employment, and earnings of all dividuals described in subsection (a) may in- SEC. 402. REPORT RELATING TO INCOME SUP- workers and jobseekers particularly in hard- clude— PORT. to-serve communities. (1) counseling; (a) SENSE OF CONGRESS.—It is the sense of (b) REPEALS OF EMPLOYMENT TRAINING (2) skills and employability assessment; the Congress that— PROGRAMS.— (3) job referral; and (1) many dislocated workers and economi- (1) IN GENERAL.—The following provisions (4) child care. cally disadvantaged adults are unable to en- are repealed: (d) OTHER SERVICES.—The Governor shall roll in long-term job training because such make available through the assistance cen- (A) Section 6(d)(4) of the Food Stamp Act workers and adults lack income support ters information on and provide referrals to of 1977 (7 U.S.C. 2015(d)(4)). after unemployment compensation is ex- other Federal and State job training and em- (B) Section 106(b)(7) of the Job Training hausted; ployment-related service programs. Partnership Act (29 U.S.C. 1516(b)(7)). (2) evidence suggests that long-term job (C) Section 123 of such Act (29 U.S.C. 1533). SEC. 302. ACCESS TO LABOR MARKET INFORMA- TION. training is among the most effective adjust- (D) Section 204(d) of such Act (29 U.S.C. ment service in assisting dislocated workers (a) FINDINGS.—The Congress finds that ac- 1604(d)). and economically disadvantaged adults to (E) Part A of title II of such Act (29 U.S.C. curate, timely, and relevant data regarding obtain employment and enhance wages; and 1601 et seq.). employment, training, job skills, and edu- (3) there is a need to identify options relat- (F) Section 302(c) of such Act (29 U.S.C. cation opportunities are useful for individ- ing to how income support may be provided 1652(c)). uals making choices about the careers of (G) Part A of title III of such Act (29 U.S.C. such individuals. to enable dislocated workers and economi- 1661 et seq.). (b) AUTHORITY.— cally disadvantaged adults to participate in (H) Sections 321 through 324 of such Act (29 (1) IN GENERAL.—The Secretary of Labor long-term job training. U.S.C. 1662 through 1662c). and the Secretary of Education are author- (b) REPORT.—Not later than 120 days after (I) Section 325 of such Act (29 U.S.C. 1662d). ized to make arrangements with public or the date of enactment of this Act, the Sec- (J) Section 325A of such Act (29 U.S.C. private entities to develop and provide rel- retary of Labor shall submit to the Congress 1662d–1). evant labor market information to inter- a report that— (K) Section 326 of such Act (29 U.S.C. ested individuals, including voucher recipi- (1) examines the need for income support 1662e). ents under title I, jobseekers, employers, and to enable dislocated workers and economi- (L) Sections 301 through 303 of such Act (29 workers. cally disadvantaged adults to participate in U.S.C. 1651 et seq.). (2) TYPE OF INFORMATION FOR COLLECTION.— long-term job training; (M) Subtitle C of title VII of the Stewart The types of information to be developed and (2) identifies options relating to how in- B. McKinney Homeless Assistance Act (42 provided under paragraph (1) shall include come support can be provided to such work- U.S.C. 11441 et seq.). the following: ers and adults; and January 4, 1995 CONGRESSIONAL RECORD — SENATE S 107 (3) contains such recommendations as the nineteenth century horse and buggy Last year we came closer than ever Secretary of Labor determines are appro- unsuited for America today. The dis- before to finally making the right to priate. honor roll of the gaps in our health health care a reality for all Americans. Mr. KENNEDY. Mr. President, I join care system is a long one. Theodore Roosevelt first proposed a na- today with the distinguished Minority Insurance companies selling health tional health plan more than 80 years Leader, Senator DASCHLE, in co-spon- insurance to small businesses and indi- ago. President Bill Clinton and First soring legislation critical to the health viduals almost universally apply pre- Lady Hillary Clinton put this issue on and economy of this Nation and to existing condition exclusions to the the national agenda at a level of inten- working families across this country. coverage they sell. That means you are sity that has never before been I applaud Senator DASCHLE for the not covered for treatment of the very achieved. Four committees of Congress Democratic priorities set forth in the health condition most likely to make legislation he has introduced on this, reported out bills guaranteeing cov- you sick. More than 80 million Ameri- erage to every American. For the first the first day of the 104th Congress. As cans have pre-existing conditions that I traveled across Massachusetts over time in our Nation’s history, com- could be subject to this kind of exclu- prehensive health reform was debated these past few months, it was clear sion if they have to change insurance that the priorities of the people are on the floor of the Senate. And up to policies. the last days of the session, a biparti- jobs and the economy, health care and In our non-system of health insur- san coalition in the Senate struggled education. These are their priorities, ance financing, there is no guarantee of to shape a compromise that could they are my priorities and they are the coverage or renewability. If you have a break the gridlock. As I have said priorities shared by the Democratic pre-existing condition, there is no leadership in the Senate, House, and guarantee you can buy coverage at any many times, if it was easy, it would White House. price. If you have coverage and become have been accomplished long ago. It I look forward to working together sick, there is nothing to keep your in- took four separate votes in successive with the new Republican leadership. surer from raising your premium out of sessions of Congress before Medicare The challenges facing our Nation are sight or canceling your coverage. To was finally approved. not Republican or Democrat, and they avoid high risks, insurance companies Our challenge is to pass a program require a bipartisan response. redline whole neighborhoods, occupa- that will meet the test of real reform— The health care crisis continues to be tions, and businesses, and deny the guaranteed, affordable, comprehensive our greatest challenge and must be our chance for any protection at all. coverage for every family and control highest priority. To carry on the work Those who seem to have good cov- of health care costs. Senator DASCHLE’s begun in the last Congress, I join in co- erage often find themselves without bill demonstrates the high priority sponsoring the Affordable Health Care the protection they need when they that our party gives to such reform and for All Americans Bill. read the fine print. They face lifetime provides a basis for constructive ac- The crisis in health care has not gone tion. His bill includes important insur- away. Last year the number of Ameri- limits on coverage, or an exclusion of cans without health insurance cov- the very service that is most impor- ance reforms. It will bring affordable erage increased by another million. tant. Insurance that provides good cov- health insurance for children within The rise in the nation’s health spend- erage when you become sick often does reach of millions of American families, ing was close to $100 billion. The esca- little to encourage the preventive care and provide special help for tempo- lating cost of Medicare and Medicaid that can keep you well. rarily unemployed workers who lose continues to undermine our efforts to Often, even if good coverage is avail- their coverage when they lose their control the deficit. Worst of all, mil- able, it is not affordable. With good job. It also provides 100 percent deduct- lions of families across the country family plans costing $5,000 or $6,000 or ibility for small businesses, and ad- have no confidence that the health in- more, too many Americans are priced dresses other important problems. I surance that protects them today will out of the coverage they need. Few look forward to working with members be there for them tomorrow if serious families, no matter how hard they on both sides of the aisles in passing illness strikes. work, can afford adequate health insur- this kind of down payment legislation It is not surprising that surveys find ance if their employer does not con- this year. that Americans rank health care re- tribute to the cost. That is why more As we look to the future, we must form as a top priority for the new Con- than 30 million of the uninsured are keep our eye on the ultimate objective: gress. Every Member of the Senate has members of working families. The to assure that every family in America heard from hundreds, if not thousands, breadwinners in these families work is guaranteed the basic right to health of Americans who have been devastated hard—40 hours a week, 52 weeks a care. Every member of Congress has year—but all their hard work cannot by uninsured illness. Every Member of that guarantee. Every Canadian has it. buy the protection they need for them- the Senate has talked to hundreds of Every French citizen has it. Every Ger- selves and their loved ones, because business owners, large and small, who man has it. Every Japanese has it. In their employer will not share in the say that uncontrolled health care costs fact, every citizen of every other indus- cost. Families that have coverage are eating away at profits, decreasing trialized country except South Africa competitiveness, and taking money today are only one pink slip away from losing it, or one management decision has it. It is time for us to give every away from needed wage increases. family in America the peace of mind of Every Member of the Senate knows away from its cancellation or reduc- knowing that uninsured illness will that the tough choices we face to put tion. never turn their American dream into our fiscal house in order would be im- Senior citizens and younger people a nightmare. measurably easier if health care costs with disabilities face two huge gaps in were going up only as fast as the other the system of retirement security that I am also proud to join the Minority parts of our economy. Every Member of Medicare and Social Security are sup- Leader in cosponsoring the Working the Senate knows that a major reason posed to guarantee. They lack afford- Americans’ Opportunity Act, and I also wages and living standards have stag- able coverage for the cost of long-term commend Senator BREAUX for his effec- nated for more than a decade is the care and prescription drugs. tive work in shaping this legislation. continuing rise in health care costs. The cost of health care in America is Given today’s rapidly changing econ- And every Member of the Senate knows out of control. Per person, we pay more omy, one of the top priorities of this that, once the political rhetoric and than any other industrialized coun- Congress must be to reform and the disagreement over specifics is try—40 percent more than the Canadi- streamline existing job training pro- stripped away, the sickness in our ans, twice as much as the Germans and grams to ensure that they provide real- health care system cannot be cured Japanese. The rapid escalation in the istic opportunities for workers to up- without decisive government action. cost of health care is robbing American grade skills and increase their earning At its best, health care in the United families of the wage gains they need to power over the course of their careers. States is superb. But the system we fulfill the American dream. It is a can- As we modernize our job training sys- have created to pay for that care is a cer on our economic future. tem, we must not, in any way, retreat S 108 CONGRESSIONAL RECORD — SENATE January 4, 1995 from the commitment that we have ward to working with him and with will make our welfare system a part- made to provide the basic skills and Senators on both sides of the aisle in er—with parents, teachers, and cler- supports which make it possible for the weeks and months ahead on these gy—in keeping kids in school and off jobseekers and workers to actively par- and other essential measures to make welfare. As the only social worker in ticipate in the labor market. government more responsive to the the U.S. Senate, I have long fought to We need to respond to the new and people and to meet the many serious make our welfare programs reflect powerful economic forces which are challenges we face. America’s family values. This legisla- making labor markets more uncertain Ms. MIKULSKI. Mr. President, I am tion will require unwed teenage moth- for the middle class. As a result of in- proud to join as an original cosponsor ers to live with an adult family mem- creased international competition, in Senate bills 6–10 introduced today by ber or in a supervised group home. It rapid technological change and reduc- the Democratic leader. They represent will also help communities to develop tions in defense, many men and women a solid effort to help working families, their own solutions to the problem of already in the labor force must be re- give help to those who first practice teen pregnancy. And finally, by trained to improve their skills and en- self help, get the Federal Government’s strengthening our child support laws, able them to continue in productive ca- fiscal house in order, and reform the this legislation will crack down on reers. In the evolving modern economy, Congress. deadbeats who ignore their responsibil- this kind of retraining may be needed Since the November elections, some ity to their children—and leave tax- more than once, and often several have been left with the impression that payers will the bill. It is time for us to times over the course of people’s ca- the Democratic Party has no vision for stop wringing our hands about teen reers. the future of our country, and that we pregnancy and do something about it. A more flexible job training system have abandoned the concerns of the S. 8 will help us reduce teen pregnancy is essential to respond to the ever-ex- middle class. As a blue collar Senator without resorting to orphanages. panding number of two-income families who returns home each night to the S. 9, the Fiscal Responsibility Act, and families with single heads of city where I was born, I believe that will ensure that we are honest with the households who face the difficult chal- these five legislative efforts dispel that American public about balancing the lenge of balancing work and family re- myth. budget. It will require the Budg- sponsibilities. These five items represent what we etCommittees to report a budget reso- Over the past decade many private believe as Democrats are a downpay- lution that shows exactly how we are businesses have taken steps to re-engi- ment on the concerns of middle Amer- to get to a balanced budget by the year neer their operations to deal with the ica—job security and our standard of 2003—without smoke and mirrors. This profound changes taking place in our living, affordable health insurance, act will force Congress to match its economy. It is clearly time for the Fed- ending welfare as we know it, bal- budget balancing rhetoric with real ac- eral Government to act as well, to im- ancing the budget by cutting spending, tion. The American public deserves to prove the return we are receiving from and reforming the way Congress itself know exactly what a balanced budget the funds we invest in job training and does business. will mean. It will force Congress to de- to give workers a greater opportunity The first of these initiatives, S. 6, the bate the real issues and bring honesty to succeed. Working Americans Opportunity Act, and open debate to one of the most The Working American’s Oppor- will enable working Americans to have critical issues facing the Congress and tunity Act, S. 6, begins the important available a lifetime opportunity of em- the country. I welcome this debate. process of streamlining the existing ployment retraining. It will revamp job S. 10, the Comprehensive congres- complex job training system, in order training programs by consolidating sional Reform Act, is intended to help to create more accessible, more effec- those programs that work and elimi- restore the confidence of the American tive, and more understandable assist- nating those that don’t, providing job people in their democratic institutions. ance for workers. training opportunities and access to It will make Congress live by the laws Vouchers modeled on the G.I. Bill people who practice self help and need it imposes on everybody else, require that transformed this Nation after new skills for real work situations. Fi- strict disclosure of lobbyist activity, World War II will be available for nally, it will not require new taxes or ban gifts from lobbyists and impose workers to select training programs spending because it replaces, consoli- tough campaign finance reform. I am most suited to their needs. States will dates and eliminates nine existing pro- proud to have been among the first be encouraged to establish ‘‘one-stop- grams and cuts government bureauc- Members of Congress to win real con- shopping’’ centers for career counsel- racy. Winning the war for America’s gressional reform with the passage of ing, job search assistance and perform- future depends on whether Americans my legislation last year to reform and ance assessments of training programs. can have jobs today and jobs for the modernize the appalling working con- To insure that workers have the most 21st century. We simply must have a ditions under which the more than 2,000 up-to-date information on emerging skilled work force that is equipped and employees of the Architect of the Cap- jobs and the skills required, national ready to compete for the high tech fu- itol labored. S. 10 will continue this labor market information will be avail- ture. S. 6 will get us headed in that di- progress toward real reform. able. Taken together, these changes rection. I commend our new Democratic are excellent steps toward creating the S. 7, the Family Health Insurance Leader, the distinguished Senator from kind of modern job training system the Protection Act, is a significant first South Dakota, for developing this in- Nation needs, a system that is genu- step toward ensuring that all Ameri- sightful and visionary package of inely driven by the real requirements cans have access to affordable, high- measures. They symbolize his desire to of workers, job seekers and businesses. quality health insurance coverage. It tackle the tough issues which are fore- In the last session of Congress, we will ensure that no one can be denied most on the minds of Americans as we laid the groundwork for bipartisan ef- health insurance because of a pre-exist- begin 1995. forts on job training reform by enact- ing medical condition and protect While I do not necessarily support ing the School-to-Work Opportunities workers who change jobs from losing each provision within these measures, I Act. This legislation will be a catalyst their health coverage. It will also pro- believe that we should begin the debate for States and local communities to hibit insurers from dropping customers on each of these subjects on the first create better career opportunities for or raising their rates once they become day of this new Congress. I believe our non-college bound youth. We need to ill. It will reduce red tape and provide party and this Congress needs to pro- apply that same bipartisan spirit to tax incentives to small businesses that mote a shared national vision around making job training programs more ef- provide health insurance. This legisla- jobs and those who practice selfhelp. I fective for adults. tion will let us begin to ensure health look forward to working with my col- In closing, I again commend Senator coverage for every American. leagues to see that each of these mat- DASCHLE for his leadership in introduc- S. 8, the Teenage Pregnancy Preven- ters is fully addressed by the 104th Con- ing these important bills. I look for- tion and Parental Responsibility Act, gress. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 109 Mr. ROCKEFELLER. Mr. President, ensure that Federal training programs SUBPART B—PREMIUM ASSISTANCE TO ELIGIBLE giving American workers the oppor- meet such needs and provide real op- INDIVIDUALS tunity to get the education and train- portunities to workers who have been Sec. 2011. Amount of premium assistance. ing they need to effectively compete in dislocated from their careers. Sec. 2012. Assistance to children. our modern workplace and highly com- Our entire country benefits when an Sec. 2013. Assistance to temporarily unem- ployed individuals. petitive economy must be a priority. American worker gains new skills and That is why I am joining Senator becomes more productive so it is essen- PART 2—AGGREGATE FEDERAL PAYMENTS DASCHLE in introducing S. 6, the Work- tial to invest in effective Federal train- Sec. 2021. Aggregate Federal payments. ing Americans Opportunity Act, and I ing programs. The Working Americans PART 3—DEFINITIONS AND DETERMINATIONS OF commend him and my other colleagues Opportunity Act is a step in the right INCOME. involved in developing this important direction, and sends a strong signal Sec. 2031. Definitions and determinations of initiative. about the need to move forward. income. While there are numerous Federal Sec. 2032. References to individual. training programs in existence, there By Mr. DASCHLE (for himself, Subtitle B—Self-Employed Health Insurance also are some valid questions about Mr. KENNEDY, Mr. REID, Ms. MI- Deduction how effective these efforts are. It is KULSKI, Mr. ROCKEFELLER, Mr. Sec. 2101. Deduction for health insurance time to deal with these questions and DODD, Mr. BREAUX, Ms. costs of self-employed individ- make the changes necessary to ensure MOSELEY-BRAUN, Mr. PELL, uals. that our programs work more effi- Mrs. MURRAY, and Mr. INOUYE): TITLE III—IMPROVING ACCESS IN RURAL ciently and effectively, both for the S. 7. A bill to provide for health care AREAS participants and the American tax- reform through health insurance mar- Subtitle A—Office of Rural Health Policy payers who are footing the bills. ket reform and assistance for small Sec. 3001. Office of Rural Health Policy. The Working Americans Opportunity business and families, and for other Subtitle B—Development of Telemedicine in Act is an important step in the right purposes; to the Committee on Labor Rural Underserved Areas direction to improve our Federal train- and Human Resources. Sec. 3101. Grants for development of rural ing programs. This effort is designed to FAMILY HEALTH INSURANCE PROTECTION ACT telemedicine. streamline existing Federal training Mr. DASCHLE. Mr. President, I ask Sec. 3102. Report and evaluation of programs and give participants more unanimous consent that the text of the telemedicine. say over their job search process and bill be printed in the RECORD. Sec. 3103. Regulations on reimbursement of training. The bill also proposes a criti- There being no objection, the bill was telemedicine. Sec. 3104. Authorization of appropriations. cally needed investment in a ‘‘national ordered to be printed in the RECORD, as Sec. 3105. Definitions. labor market information system’’ so follows: people can get their hands on current Subtitle C—Rural Health Plan S. 7 information that will tell them what Demonstration Projects fields offer real job opportunities. The Be it enacted by the Senate and House of Rep- Sec. 3201. Rural health plan demonstration resentatives of the United States of America in projects. bill promotes ‘‘one-stop career centers’’ Congress assembled, to help Americans sort through train- Subtitle D—Antitrust Safe Harbors for Rural SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ing and career information in one place Health Providers (a) SHORT TITLE.—This Act may be cited as so they can make more organized deci- the ‘‘Family Health Insurance Protection Sec. 3301. Antitrust safe harbors for rural sions about their future. Act’’. health providers. In cosponsoring this bill, I want to (b) TABLE OF CONTENTS.—The table of con- TITLE IV—QUALITY AND CONSUMER emphasize my continued belief that tents for this Act is as follows: PROTECTION America’s—and West Virginia’s—battle Sec. 1. Short title; table of contents. Subtitle A—Administrative Simplification for the best jobs in world depends part- TITLE I—HEALTH INSURANCE MARKET PART 1—PURPOSE AND DEFINITIONS ly on our workers having the best REFORM Sec. 4001. Purpose. skills and education. Competing in the Subtitle A—Insurance Market Standards Sec. 4002. Definitions. global economy is a permanent fact of Sec. 1001. Nondiscrimination based on PART 2—STANDARDS FOR DATA ELEMENTS AND life. And both workers and the unem- health status. INFORMATION TRANSACTIONS ployed in West Virginia want to get the Sec. 1002. Guaranteed issue and renewal Sec. 4011. General requirements on sec- training they need to have good jobs. Sec. 1003. Rating limitations. retary. Sec. 1004. Delivery system quality stand- But I also want to register a note of Sec. 4012. Standards for health information ards. caution about the bill’s use of ‘‘vouch- transactions and data elements. ers’’ as the way to link workers with Sec. 1005. Benchmark benefits package. PART 3—REQUIREMENTS WITH RESPECT TO training. I have some questions about Sec. 1006. Risk adjustment. Sec. 1007. Effective dates. CERTAIN TRANSACTIONS AND INFORMATION this concept, because I do not want to Sec. 4021. Requirements on health plans and see them turn into ‘‘coupons’’ for Subtitle B—Establishment and Application of Standards health care providers. training that is not up to standard. Sec. 4022. Standards and certification for Neither workers nor the American tax- Sec. 1011. General rules. Sec. 1012. Encouragement of State reforms. health information protection payers will be well served if the new Sec. 1013. Grants to States for small group organizations. system does not assure high quality health insurance purchasing ar- PART 4—ACCESSING HEALTH INFORMATION training in fields with real job opportu- rangements. Sec. 4031. Access for authorized purposes. nities. Achieving this goal will require Sec. 1014. Enforcement of standards. PART 5—PENALTIES a delicate balance and strong quality Subtitle C—Health Care Cost and Access assurance within the new system. Advisory Commission Sec. 4041. General penalty for failure to Throughout the legislative process, I comply with requirements and Sec. 1021. Health Care Cost and Access Advi- standards. will be working to further strengthen sory Commission. this legislation and promote education Sec. 1022. Duties of Commission. PART 6—MISCELLANEOUS PROVISIONS and training of the best quality for Sec. 1023. Operation of Commission. Sec. 4051. Effect on State law. American workers. Subtitle D—Definitions Sec. 4052. Authorization of appropriations. Training and education are especially Sec. 1031. Definitions. Subtitle B—Privacy of Health Information key issues for West Virginia and other TITLE II—IMPROVING ACCESS TO PART 1—DEFINITIONS regions still struggling with unemploy- HEALTH CARE COVERAGE Sec. 4101. Definitions. ment rates above the national average Subtitle A—Coverage Under Qualified Health PART 2—AUTHORIZED DISCLOSURES and facing major industrial restructur- Plans and Premium Assistance SUBPART A—GENERAL PROVISIONS ing. I know from experience that West PART 1—ACCESS TO QUALIFIED HEALTH PLANS Sec. 4106. General rules regarding disclosure. Virginians are eager to work and will- SUBPART A—GENERAL PROVISIONS Sec. 4107. Authorizations for disclosure of ing to learn new skills in order to meet Sec. 2001. Establishment of State program. protected health information. the challenges of our increasingly com- Sec. 2002. Assistance with health plan pre- Sec. 4108. Health information protection or- petitive work place. It is essential to miums. ganizations. S 110 CONGRESSIONAL RECORD — SENATE January 4, 1995

SUBPART B—SPECIFIC DISCLOSURES RELATING TITLE I—HEALTH INSURANCE MARKET scope or duration of particular items or serv- TO PATIENT REFORM ices covered by a health plan. Sec. 4111. Disclosures for treatment and fi- Subtitle A—Insurance Market Standards SEC. 1002. GUARANTEED ISSUE AND RENEWAL nancial and administrative SEC. 1001. NONDISCRIMINATION BASED ON (a) SMALL GROUP MARKET.—Each health transactions. HEALTH STATUS. plan offering coverage in the small group Sec. 4112. Emergency circumstances. (a) IN GENERAL.—Except as provided in market shall guarantee each individual pur- subsection (b) and section 1003(d), a health SUBPART C—DISCLOSURE FOR OVERSIGHT, chaser and small employer (and each eligible plan may not deny, limit, or condition the PUBLIC HEALTH, AND RESEARCH PURPOSES employee of such small employer) applying coverage under (or benefits of) the plan, or Sec. 4116. Oversight. for coverage in such market the opportunity vary the premium, for an individual based on Sec. 4117. Public health. to enroll in the plan. Sec. 4118. Health research. the health status, medical condition, claims experience, receipt of health care, medical (b) LARGE EMPLOYER MARKET.—Each SUBPART D—DISCLOSURE FOR JUDICIAL, ADMIN- history, anticipated need for health care health plan offering coverage in the large ISTRATIVE, AND LAW ENFORCEMENT PUR- services, disability, or lack of evidence of in- employer market shall guarantee any indi- POSES surability. vidual eligible for coverage under the plan Sec. 4121. Judicial and administrative pur- (b) TREATMENT OF PREEXISTING CONDITION the opportunity to enroll in such plan. poses. EXCLUSIONS FOR ALL SERVICES.— (c) CAPACITY LIMITS.—Notwithstanding Sec. 4122. Law enforcement. (1) IN GENERAL.—A health plan may impose this section, a health plan may apply a ca- SUBPART E—DISCLOSURE PURSUANT TO a limitation or exclusion of benefits relating pacity limit based on limited financial or GOVERNMENT SUBPOENA OR WARRANT to treatment of a condition based on the fact provider capacity if the plan enrolls individ- Sec. 4126. Government subpoenas and war- that the condition preexisted the effective uals in a manner that provides prospective rants. date of the plan with respect to an individual enrollees with a fair chance of enrollment re- gardless of the method by which the individ- Sec. 4127. Access procedures for law enforce- only if— ual seeks enrollment. ment subpoenas and warrants. (A) the condition was diagnosed or treated (d) RENEWAL OF POLICY.— Sec. 4128. Challenge procedures for law en- during the 3-month period ending on the day (1) SMALL GROUP MARKET.—A health plan forcement warrants, subpoenas, before the date of enrollment under the plan; issued to a small employer or an individual and summons. (B) the limitation or exclusion extends for a period not more than 6 months after the purchaser in the small group market shall be SUBPART F—DISCLOSURE PURSUANT TO PARTY date of enrollment under the plan; renewed at the option of the employer or in- SUBPOENA (C) the limitation or exclusion does not dividual, if such employer or individual pur- Sec. 4131. Party subpoenas. apply to an individual who, as of the date of chaser remains eligible for coverage under Sec. 4132. Access procedures for party sub- birth, was covered under the plan; or the plan. poenas. (D) the limitation or exclusion does not (2) LARGE EMPLOYER MARKET.—A health Sec. 4133. Challenge procedures for party apply to pregnancy. plan issued to an individual eligible for cov- subpoenas. (2) CREDITING OF PREVIOUS COVERAGE.—A erage under a large employer plan shall be PART 3—PROCEDURES FOR ENSURING SECURITY health plan shall provide that if an individ- renewed at the option of the individual, if OF PROTECTED HEALTH INFORMATION ual under such plan is in a period of continu- such individual remains eligible for coverage ous coverage as of the date of enrollment under the plan. SUBPART A—ESTABLISHMENT OF SAFEGUARDS under such plan, any period of exclusion of (e) GROUNDS FOR REFUSAL TO RENEW.—A Sec. 4136. Establishment of safeguards. coverage with respect to a preexisting condi- health plan may refuse to renew a policy Sec. 4137. Accounting for disclosures. tion shall be reduced by 1 month for each only in the case of— SUBPART B—REVIEW OF PROTECTED HEALTH IN- month in the period of continuous coverage. (1) the nonpayment of premiums; FORMATION BY SUBJECTS OF THE INFORMA- (3) DEFINITIONS.—For purposes of this sub- (2) fraud on the part of the employer or in- TION section: dividual relating to such plan; or Sec. 4141. Inspection of protected health in- (A) PERIOD OF CONTINUOUS COVERAGE.— (3) the misrepresentation by the employer formation. (i) IN GENERAL.—The term ‘‘period of con- or individual of material facts relating to an Sec. 4142. Amendment of protected health tinuous coverage’’ means the period begin- application for coverage of a claim or bene- information. ning on the date an individual is enrolled fit. Sec. 4143. Notice of information practices. under a health plan or an equivalent health (f) NOTIFICATION OF AVAILABILITY.—Each care program and ends on the date the indi- PART 4—SANCTIONS health plan sponsor shall publicly disclose vidual is not so enrolled for a continuous pe- the availability of each health plan that SUBPART A—CIVIL SANCTIONS riod of more than 3 months. such sponsor provides or offers in a small Sec. 4151. Civil penalty. (ii) EQUIVALENT HEALTH CARE PROGRAM.— group market. Such disclosure shall be ac- Sec. 4152. Civil action. The term ‘‘equivalent health care program’’ companied by information describing the SUBPART B—CRIMINAL SANCTIONS means— method by which eligible employers and in- Sec. 4161. Wrongful disclosure of protected (I) part A or part B of the medicare pro- dividuals may enroll in such plans. health information. gram under title XVIII of the Social Secu- rity Act (42 U.S.C. 1395 et seq.), SEC. 1003. RATING LIMITATIONS. PART 5—ADMINISTRATIVE PROVISIONS (II) the medicaid program under title XIX (a) IN GENERAL.—A health plan offering Sec. 4166. Relationship to other laws. of the Social Security Act (42 U.S.C. 1396 et coverage in the small group market shall Sec. 4167. Rights of incompetents. seq.), comply with the standards developed under Sec. 4168. Exercise of rights. (III) the health care program for active this section. Subtitle C—Enhanced Penalties for Health military personnel under title 10, United (b) ROLE OF NAIC.—The Secretary shall re- Care Fraud States Code, quest that the NAIC— (IV) the veterans health care program (1) develop specific standards in the form Sec. 4201. All-payer fraud and abuse control under chapter 17 of title 38, United States of a model Act and model regulations that program. Code, provide for the implementation of the rating Sec. 4202. Application of Federal health (V) the Civilian Health and Medical Pro- limitations described in subsection (d); and anti-fraud and abuse sanctions gram of the Uniformed Services (2) report to the Secretary concerning such to all fraud and abuse against (CHAMPUS), as defined in section 1073(4) of standards within 6 months after the date of any health plan. title 10, United States Code, and enactment of this Act. Sec. 4203. Establishment of the health care (VI) the Indian health service program (c) ROLE OF THE SECRETARY.—The Sec- fraud and abuse data collection under the Indian Health Care Improvement retary, upon review of the report received program. Act (25 U.S.C. 1601 et seq.). under subsection (b)(2), shall not later than Sec. 4204. Health care fraud. (B) PREEXISTING CONDITION.—The term ‘pre- January 1, 1997, promulgate final standards Subtitle D—Health Care Malpractice Reform existing condition’ means, with respect to implementing this section. Such standards Sec. 4301. Federal tort reform. coverage under a health plan, a condition shall be the applicable health plan standards Sec. 4302. State-based alternative dispute which was diagnosed, or which was treated, under this section. resolution mechanisms. within the 3-month period ending on the day (d) RATING STANDARDS.—The standards de- Sec. 4303. Limitation on amount of attor- before the date of enrollment (without re- scribed in this section shall provide for the ney’s contingency fees. gard to any waiting period). following: Sec. 4304. Periodic payment of awards. (c) LIMITATIONS PROHIBITED.— (1) A determination of factors that health (1) IN GENERAL.—A health plan may not im- plans may use to vary the premium rates of Sec. 4305. Allocation of punitive damage pose a lifetime limitation on the provision of such plans. Such factors— awards for provider licensing benefits under the plan. (A) shall be applied in a uniform fashion to and disciplinary activities. (2) RULE OF CONSTRUCTION.—The prohibi- all enrollees covered by a plan; TITLE V—BUDGET NEUTRALITY tion contained in paragraph (1) shall not be (B) shall include age (as specified in para- Sec. 5001. Assurance of budget neutrality. construed as prohibiting limitations on the graph (3)), family type, and geography; and January 4, 1995 CONGRESSIONAL RECORD — SENATE S 111 (C) except as provided in paragraph (2)(A), provides for a cost-sharing schedule specified The standards promulgated under sections shall not include gender, health status, or by the Secretary under paragraph (4). 1003, 1005, and 1006 shall apply to plans that health expenditures. (B) ACTUARIAL VALUE.—The benchmark are issued or renewed after December 31, (2)(A) Factors prohibited under paragraph benefits package established by the Sec- 1996. (1)(C) shall be phased out over a period not to retary under this subsection shall have an exceed 3 years after the effective date of this actuarial value that equals the actuarial Subtitle B—Establishment and Application of section. value of the benefits package provided under Standards the health benefits plan offered under chap- (B) Other rating factors (other than age) SEC. 1011. GENERAL RULES. may be phased out to the extent necessary to ter 89 of title 5, United States Code, with the (a) CONSTRUCTION.— minimize market disruption and maximize highest enrollment during 1994, adjusted for (1) IN GENERAL.—A requirement or stand- a national population under 65 years of age coverage rates. ard imposed on a health plan under this Act (as determined by the Secretary). (3) Uniform age categories and age adjust- shall be deemed to be a requirement or (2) CATEGORIES OF HEALTH CARE ITEMS AND ment factors that reflect the relative actuar- standard imposed on the insurer or sponsor SERVICES.— ial costs of benefit packages among enroll- of such plan. ees. By the end of the 3-year period begin- (A) IN GENERAL.—The categories of health (2) PREEMPTION OF STATE LAW.— ning on the effective date of this section, for care items and services specified by the Sec- retary under this paragraph shall include at (A) IN GENERAL.—No requirement of this individuals who have attained age 18 but not title shall be construed as preempting any age 65, the highest age adjustment factor least the categories described in section 1302(1) of the Public Health Service Act (42 State law unless such State law directly con- may not exceed 3 times the lowest age ad- flicts with such requirement. The provision justment factor. U.S.C. 300e-1(a)) and section 8904(a) of title 5, United States Code. The Secretary may add of additional consumer protections under (e) DISCOUNTS.—Standards developed under State law as described in subparagraph (B) this section shall permit health plans to pro- or delete categories of health care items and services under this paragraph as medical shall not be considered to directly conflict vide premium discounts based on workplace with any such requirement. health promoting activities. practice changes. (B) SPECIFYING ITEMS AND SERVICES.— (B) CONSUMER PROTECTION LAWS.—State SEC. 1004. DELIVERY SYSTEM QUALITY STAND- laws referred to in subparagraph (A) that are ARDS. (i) IN GENERAL.—The Secretary shall speci- fy the items and services under the cat- not preempted by this title include— (a) IN GENERAL.—Each health plan shall egories specified under subparagraph (A). (i) laws that limit the exclusions or limita- comply with the standards developed under (ii) PRIORITIES FOR THE SECRETARY.—In tions for preexisting medical conditions to this section. specifying items and services under this sub- periods that are less than those provided for (b) ROLE OF THE SECRETARY.—Not later paragraph the Secretary shall take into ac- under section 1001; than 9 months after the date of enactment of count the following: (ii) laws that limit variations in premium this Act, the Secretary, in consultation with (I) MENTAL HEALTH AND SUBSTANCE ABUSE rates beyond the variations permitted under the NAIC and other organizations with ex- SERVICES.—With respect to mental health section 1003; and pertise in the areas of quality assurance (in- and substance abuse services, the Secretary (iii) laws that would expand the small cluding the Joint Commission on Accredita- shall give priority to parity for such services group market in excess of that provided for tion of Health Care Organizations, the Na- with other medical services with respect to under this title. tional Committee for Quality Assurance, and cost-sharing and duration of treatment. (b) REGULATIONS.—The Secretary, in con- peer review organizations), shall establish (II) VULNERABLE POPULATIONS AND UNDER- sultation with NAIC, and the Secretary of minimum guidelines specified in subsection SERVED AREAS.—The Secretary shall give pri- Labor are each authorized to issue regula- (c) for the issuance by each State of delivery ority to the needs of children and vulnerable tions as are necessary to implement this system quality standards. Such standards populations, including those populations in Act. shall be the applicable health plan standards rural, frontier, and underserved areas. SEC. 1012. ENCOURAGEMENT OF STATE RE- under this section. REVENTION (III) P .—The Secretary shall FORMS. (c) MINIMUM GUIDELINES.—The minimum give priority to improving the health of indi- Nothing in this Act shall be construed as guidelines specified in this subsection are as viduals through prevention. prohibiting States from enacting health care follows: (3) MEDICAL NECESSITY OR APPROPRIATE- reform measures that exceed the measures (1) Establishing and maintaining health NESS.—The Secretary shall establish general established under this Act, including reforms plan quality assurance, including— criteria for determining whether an item or that expand access to health care services, (A) quality management; service specified by the Secretary under (B) credentialing; paragraph (2)(B) is medically necessary or control health care costs, and enhance qual- (C) utilization management; appropriate. Health plans shall make cov- ity of care. (D) health care provider selection and due erage decisions regarding procedures and SEC. 1013. GRANTS TO STATES FOR SMALL process in selection; and technologies consistent with such general GROUP HEALTH INSURANCE PUR- (E) practice guidelines and protocols. criteria. CHASING ARRANGEMENTS. (2) Providing consumer protection for (4) COST-SHARING.—The Secretary shall es- (a) IN GENERAL.—The Secretary shall make health plan enrollees, including— tablish cost-sharing schedules to be provided grants to States that submit applications (A) comparative standardized consumer in- by a benchmark benefits package. In estab- meeting the requirements of this section for formation with respect to health plan pre- lishing such cost-sharing schedules, the Sec- the establishment and operation of small miums and quality measures, including retary shall meet the following require- group health insurance purchasing arrange- health care report cards; ments: ments. (B) nondiscrimination in plan enrollment, (A) ANNUAL BASIS.—The Secretary shall re- (b) USE OF FUNDS.—Grant funds awarded disenrollment, and service provision; view and update cost-sharing schedules as under this section to a State may be used to (C) continuation of treatment with respect determined appropriate by the Secretary, finance administrative costs associated with to health plans that become insolvent; and but on at least an annual basis. developing and operating a small group (D) grievance procedures. (B) PREVENTIVE SERVICES EXEMPTED.—The health insurance purchasing arrangement, (3) Ensuring reasonable access to health Secretary shall exempt from any cost-shar- including the costs associated with— care services, including access for vulnerable ing schedules clinical preventive services (1) engaging in marketing and outreach ef- populations in underserved areas. and prenatal care services. forts to inform individuals and small em- SEC. 1005. BENCHMARK BENEFITS PACKAGE. (C) DELIVERY SYSTEMS.—In establishing ployers about the small group health insur- (a) IN GENERAL.—With respect to an indi- cost-sharing schedules for benchmark bene- ance purchasing arrangement, which may in- vidual eligible for enrollment, a sponsor of a fits packages, the Secretary shall ensure clude the payment of sales commissions; health plan— that the schedules permit a variety of deliv- (2) negotiating with insurers to provide (1) shall offer the benchmark benefits ery systems, including fee-for-service, pre- health insurance through the small group package described in subsection (b); and ferred provider organizations, point of serv- health insurance purchasing arrangement; or (2) may offer any other health benefits ice, and health maintenance organizations. (3) providing administrative functions, package. SEC. 1006. RISK ADJUSTMENT. such as eligibility screening, claims adminis- (b) BENCHMARK BENEFITS PACKAGE DE- Each health plan offering coverage in the tration, and customer service. SCRIBED.— small group market in a State shall partici- (c) APPLICATION REQUIREMENTS.—An appli- (1) IN GENERAL.— pate in a risk adjustment program developed cation submitted by a State to the Secretary (A) PACKAGE DESCRIBED.—The benchmark by such State under standards established by shall describe— benefits package described in this subsection the Secretary. (1) whether the program will be operated is a benefits package that covers all of the SEC. 1007. EFFECTIVE DATES. directly by the State or through 1 or more items and services under the categories of (a) IN GENERAL.—Except as provided in State-sponsored private organizations and health care items and services specified by subsection (b), this title shall take effect on the details of such operation; the Secretary under paragraph (2) when January 1, 1996. (2) program goals for reducing the cost of medically necessary or appropriate (as deter- (b) RATING LIMITATIONS, BENCHMARK BENE- health insurance for, and increasing insur- mined in accordance with paragraph (3)) and FITS PACKAGES, AND RISK ADJUSTMENTS.— ance coverage in, the small group market; S 112 CONGRESSIONAL RECORD — SENATE January 4, 1995 (3) the approaches proposed for enlisting on January 15 (beginning in 1999) on the sta- lieu of subsistence, in accordance with sec- participation by insurers and small employ- tus of health care spending and health insur- tions 5702 and 5703 of title 5, United States ers, including any plans to use State funds to ance coverage in the nation. Code. subsidize the cost of insurance for participat- (2) CONTENTS OF REPORT.—Each annual re- (2) EXECUTIVE DIRECTOR.— ing individuals and employers; and port shall include— (A) IN GENERAL.—The Commission shall, (4) the methods proposed for evaluating the (A) findings regarding— without regard to section 5311(b) of title 5, effectiveness of the program in reducing the (i) the characteristics of the insured and United States Code, appoint an Executive Di- number of uninsured in the State and on uninsured, including demographic character- rector. lowering the cost of health insurance for the istics, working status, health status, and ge- (B) PAY.—The Executive Director shall be small group market in the State. ographic distribution; paid at a rate equivalent to a rate for the (d) GRANT CRITERIA.—In awarding grants, (ii) the effectiveness of insurance reforms Senior Executive Service. the Secretary shall consider the potential on increasing access to health insurance and (3) STAFF.— impact of the State’s proposal on the cost of making health insurance more affordable; (A) IN GENERAL.—Subject to subparagraphs health insurance for the small group market and (B) and (C), the Executive Director, with the and on the number of uninsured, and the (iii) the effectiveness of cost containment approval of the Commission, may appoint need for regional variation in the awarding strategies at the Federal and State levels and fix the pay of additional personnel. of grants. To the extent the Secretary deems and in the private sector; and appropriate, grants shall be awarded to fund (B) recommendations for improving access (B) PAY.—The Executive Director may programs employing a variety of approaches to health insurance and reducing health care make such appointments without regard to for establishing small group health insur- cost inflation. the provisions of title 5, United States Code, governing appointments in the competitive ance purchasing arrangements. SEC. 1023. OPERATION OF COMMISSION. service, and any personnel so appointed may (e) PROHIBITION ON GRANTS.—No grant (a) MEMBERSHIP.— be paid without regard to the provisions of funds shall be paid to States that do not (1) IN GENERAL.—The Commission shall be meet the requirements of this title with re- composed of 11 members appointed by the chapter 51 and subchapter III of chapter 53 of spect to small group health plans, or to President and confirmed by the Senate. such title, relating to classification and Gen- States with group purchasing programs in- Members shall be appointed not later than 90 eral Schedule pay rates, except that an indi- volving small group health plans that do not days after the date of enactment of this Act. vidual so appointed may not receive pay in meet the requirements of this title. (2) CHAIRPERSON.—The President shall des- excess of 120 percent of the annual rate of (f) ANNUAL REPORT BY STATES.—States re- ignate 1 individual described in paragraph (1) basic pay payable for GS–15 of the General ceiving grants under this section shall report who shall serve as Chairperson of the Com- Schedule. to the Secretary annually on the numbers mission. (C) DETAILED PERSONNEL.—Upon request of and rates of participation by eligible insur- (b) COMPOSITION.—The membership of the the Executive Director, the head of any Fed- ers and small employers, on the estimated Commission shall include individuals with eral department or agency may detail any of impact of the program on reducing the num- national recognition for their expertise in the personnel of that department or agency ber of uninsured, and on the cost of insur- health care and health care markets. In ap- to the Commission to assist the Commission ance available to the small group market in pointing members of the Commission, the in carrying out its duties under this Act. the State. President shall ensure that no more than 6 (4) OTHER AUTHORITY.— (g) AUTHORIZATION OF APPROPRIATIONS.— members of the Commission are affiliated (A) CONTRACT SERVICES.—The Commission There are authorized to be appropriated with the same political party. may procure by contract, to the extent funds $200,000,000 for fiscal years 1996, 1997, and (c) TERMS.— are available, the temporary or intermittent 1998. (1) IN GENERAL.—The terms of members of services of experts or consultants pursuant (h) SECRETARIAL REPORT.—The Secretary the Commission shall be for 6 years, except to section 3109 of title 5, United States Code. shall report to Congress by not later than that of the members first appointed, 4 shall (B) LEASES AND PROPERTY.—The Commis- January 1, 1997, on the number and amount be appointed for an initial term of 4 years sion may lease space and acquire personal of grants awarded under this section, and in- and 4 shall be appointed for an initial term property to the extent funds are available. clude with such report an evaluation of the of 2 years. (f) AUTHORIZATION OF APPROPRIATIONS.— impact of the grant program on the number (2) CONTINUATION IN OFFICE.—Upon the ex- There are authorized to be appropriated such of uninsured and cost of health insurance to piration of a term of office, a member shall sums as are necessary for the operation of small group markets in participating States. continue to serve until a successor is ap- the Commission. SEC. 1014. ENFORCEMENT OF STANDARDS. pointed and qualified. (a) IN GENERAL.—Except as provided in (d) VACANCIES.— Subtitle D—Definitions subsection (b), each State shall require that (1) IN GENERAL.—A vacancy in the Commis- SEC. 1031. DEFINITIONS. each health plan issued, sold, offered for sale, sion shall be filled in the same manner as the or operated in such State meets the insur- original appointment, but the individual ap- (a) HEALTH PLAN.—For purposes of this ance reform standards established under this pointed to fill the vacancy shall serve only title, the term ‘‘health plan’’ means a plan title pursuant to an enforcement plan filed for the unexpired portion of the term for that provides, or pays the cost of, health by the State with, and approved by, the Sec- which the individual’s predecessor was ap- benefits. Such term does not include the fol- retary. If the State does not file an accept- pointed. lowing, or any combination thereof: able plan, the Secretary shall enforce such (2) NO IMPAIRMENT OF FUNCTION.—A va- (1) Coverage only for accidental death, dis- standards until a plan is filed and approved. cancy in the membership of the Commission memberment, dental, or vision. (b) SECRETARY OF LABOR.—With respect to does not impair the authority of the remain- (2) Coverage providing wages or payments any health plan for which the application of ing members to exercise all of the powers of in lieu of wages for any period during which State insurance laws are preempted under the Commission. the employee is absent from work on ac- section 514 of Employee Retirement Income (3) ACTING CHAIRPERSON.—The Commission count of sickness or injury. Security Act of 1974 (29 U.S.C. 1144), the en- may designate a member to act as Chair- (3) A medicare supplemental policy (as de- forcement of the insurance reform standards person during any period in which there is no fined in section 1882(g)(1) of the Social Secu- established under this title shall be by the Chairperson designated by the President. rity Act (42 U.S.C. 1395ss(g)(1)). Secretary of Labor. (e) MEETINGS; QUORUM.— (4) Coverage issued as a supplement to li- Subtitle C—Health Care Cost and Access (1) MEETINGS.—The Chairperson shall pre- ability insurance. Advisory Commission side at meetings of the Commission, and in (5) Worker’s compensation or similar in- SEC. 1021. HEALTH CARE COST AND ACCESS AD- the absence of the Chairperson, the Commis- surance. VISORY COMMISSION. sion shall elect a member to act as Chair- (6) Automobile medical-payment insur- There is established a commission to be person pro tempore. ance. known as the Health Care Cost and Advisory (2) QUORUM.—Six members of the Commis- (7) A long-term care insurance policy, in- Commission (in this subtitle referred to as sion shall constitute a quorum thereof. cluding a nursing home fixed indemnity pol- the ‘‘Commission’’). (f) ADMINISTRATIVE PROVISIONS.— icy (unless the Secretary determines that SEC. 1022. DUTIES OF COMMISSION. (1) PAY AND TRAVEL EXPENSES.— such a policy provides sufficiently com- (a) IN GENERAL.—The general duties of the (A) PAY.—Each member shall be paid at a prehensive coverage of a benefit so that it Commission are to monitor and respond to rate equal to the daily equivalent of the min- should be treated as a health plan). trends in national health care spending and imum annual rate of basic pay payable for (8) Any plan or arrangement not described health insurance coverage. The Commission level IV of the Executive Schedule under sec- in any preceding subparagraph which pro- may be advised by individuals with expertise tion 5315 of title 5, United States Code, for vides for benefit payments, on a periodic concerning the economic, demographic, and each day (including travel time) during basis, for a specified disease or illness or pe- insurance market factors that affect the cost which the member is engaged in the actual riod of hospitalization without regard to the and availability of health insurance. performance of duties vested in the Commis- costs incurred or services rendered during (b) ANNUAL REPORTS.— sion. the period to which the payments relate. (1) IN GENERAL.—The Commission shall re- (B) TRAVEL EXPENSES.—Members shall re- (9) Such other plan or arrangement as the port to Congress and the President annually ceive travel expenses, including per diem in Secretary determines is not a health plan. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 113

(b) TERMS AND RULES RELATING TO THE ployer contribution toward the premium ceeds 185 percent of the applicable Federal SMALL GROUP AND LARGE EMPLOYER MAR- under a qualified health plan is available to poverty level. KETS.—For purposes of this title: the individual. SEC. 2013. ASSISTANCE TO TEMPORARILY UNEM- (1) SMALL GROUP MARKET.—The term TATE MAINTENANCE OF EFFORT (3) S .—In PLOYED INDIVIDUALS. ‘‘small group market’’ means the market for order to promote State maintenance of ef- (a) ELIGIBILITY.—An eligible individual health plans which is composed of small em- fort, the Secretary shall issue regulations shall be considered a premium subsidy eligi- ployers and individual purchasers. that provide that an eligible individual may ble individual under this part if such individ- (2) SMALL EMPLOYER.—The term ‘‘small not be a premium subsidy eligible individual ual— employer’’ means, with respect to any cal- described in subsection (a) until such indi- (1) has been employed continuously for a 6- endar year, any employer if, on each of 20 vidual has been determined to be ineligible month period ending within a month preced- days during the preceding calendar year for assistance under any other public health ing the date the individual submits an appli- (each day being in a different week), such insurance program provided by a State or in- cation to the State for premium assistance employer (or any predecessor) employed less strumentality thereof. under this part; than 51 employees for some portion of the (c) LIMITATION ON USE OF ASSISTANCE.—A (2) has been covered under a health plan day. premium subsidy eligible individual who re- during such period of employment; (3) INDIVIDUAL PURCHASER.—The term ‘‘in- ceives premium assistance under this part (3) is not eligible for medical assistance dividual purchaser’’ means an individual who shall use such assistance only for payments under a State plan under title XIX of the So- is not eligible to enroll in a health plan spon- toward the premium under a qualified health cial Security Act; sored by a large or small employer. plan made available by the State under the (4) has not received a premium subsidy (4) LARGE EMPLOYER MARKET.—The term program established under section 2001. ‘‘large employer market’’ means the market under a program established under this sub- Subpart B—Premium Assistance to Eligible for health plans which is composed of large title for more than a 6-month period begin- Individuals employers. ning with the date described in paragraph (5) LARGE EMPLOYER.—The term ‘‘large em- SEC. 2011. AMOUNT OF PREMIUM ASSISTANCE. (1); and ployer’’— (a) IN GENERAL.—The amount of premium (5) has a family income determined under (A) means an employer that is not a small assistance for a month for a premium sub- section 2031(3) which does not exceed (except employer; and sidy eligible individual in a State is an as provided under section 2021(b)(3))— (B) includes a multiemployer plan as de- amount equal to the lesser of— (A) with respect to 1997, 100 percent of the fined in section 3(37) of the Employment Re- (1) the applicable subsidy percentage mul- applicable Federal poverty level; tirement Income Security Act of 1974 (29 tiplied by 1⁄12th of the annual premium paid (B) with respect to 1998, 125 percent of the U.S.C. 1002(37)) and a plan which is main- for coverage under a qualified health plan in applicable Federal poverty level; tained by a rural electric cooperative or a which the individual is enrolled; or (C) with respect to 1999, 150 percent of the rural telephone cooperative association (2) the applicable subsidy percentage mul- applicable Federal poverty level; (within the meaning of section 3(40) of such tiplied by 1⁄12th of the maximum subsidy (D) with respect to 2000, 200 percent of the Act (29 U.S.C. 1002(40)). amount (as determined under subsection (b)). applicable Federal poverty level; (c) ADDITIONAL DEFINITIONS.—For purposes (b) MAXIMUM SUBSIDY AMOUNT.—For pur- (E) with respect to 2001 and years there- of this title: poses of this section, the maximum subsidy after, 240 percent of the applicable Federal (1) NAIC.—The term ‘‘NAIC’’ means the Na- amount for a State shall be the Secretary’s poverty level. tional Association of Insurance Commis- estimate of the annual premium of the (b) APPLICABLE SUBSIDY PERCENTAGE.—For sioners. health plan with the highest enrollment of- the purposes of this part, the term ‘‘applica- (2) SECRETARY.—The term ‘‘Secretary’’ fered under chapter 89 of title 5, United ble subsidy percentage’’ for an individual de- means the Secretary of Health and Human States Code, adjusted to reflect— scribed in subsection (a) means 100 percent Services. (1) coverage of the items and services and reduced (but not below zero) by 1 percentage TITLE II—IMPROVING ACCESS TO HEALTH cost sharing under the benchmark benefits point for each 1 percentage point (or portion CARE COVERAGE package; and thereof) by which the premium subsidy eligi- ble individual’s family income exceeds 100 Subtitle A—Coverage Under Qualified Health (2) the difference in expected health care percent of the applicable Federal poverty Plans and Premium Assistance spending of the population enrolled in such plan offered under such chapter 89 and of the level. PART 1—ACCESS TO QUALIFIED HEALTH population of premium subsidy eligible indi- PART 2—AGGREGATE FEDERAL PLANS viduals in such State. Subpart A—General Provisions PAYMENTS SEC. 2012. ASSISTANCE TO CHILDREN. SEC. 2001. ESTABLISHMENT OF STATE PROGRAM. (a) ELIGIBILITY.—A child shall be consid- SEC. 2021. AGGREGATE FEDERAL PAYMENTS. In order to qualify for payments under part ered a premium eligible individual under this (a) IN GENERAL.—Subject to subsection (b), 2, each State shall establish a program under part if such child— with respect to any quarter beginning on or which the State— (1) is not eligible for medical assistance after January 1, 1997, a State shall receive (1) makes available at least 1 qualified under a State plan under title XIX of the So- payments from the Secretary in an amount health plan to each premium subsidy eligible cial Security Act; equal to the sum of— individual residing in the State; and (2) has not been enrolled in a health plan (1) the total premium assistance paid on (2) furnishes premium assistance to such offered by an employer (under rules estab- behalf of individuals eligible for such assist- individual in accordance with this part. lished by the Secretary) during the 6-month ance under part 1 for enrollment in qualified The program shall comply with requirements period ending on the date the individual sub- health plans; and specified under regulations issued by the mits an application to the State for premium (2) 75 percent of the total amount esti- Secretary and may be in effect for calendar assistance under this part, unless such em- mated by the Secretary to be expended by years beginning after 1996. ployer coverage was discontinued as a result the State during such quarter for proper and SEC. 2002. ASSISTANCE WITH HEALTH PLAN PRE- of a loss of employment by the individual’s efficient operation and administration of the MIUMS. parent or guardian; and program established under this subtitle. (a) IN GENERAL.—An individual who has (3) has a family income determined under (b) LIMITATIONS.— been determined by a State under subsection section 2031(3) which does not exceed (except (1) BUDGETARY.— (b) to be a premium subsidy eligible individ- as provided under section 2021(b)(3))— (A) IN GENERAL.—The total amount of pay- ual (as defined in subpart B) shall be eligible (A) with respect to 1997, 133 percent of the ments under subsection (a) to all States with for premium assistance in the amount deter- applicable Federal poverty level; programs established under this subtitle for mined under such subpart. (B) with respect to 1998, 150 percent of the any calender year shall not exceed the esti- (b) DETERMINATION OF ELIGIBILITY.— applicable Federal poverty level; mate by the Congressional Budget Office on (1) IN GENERAL.—The Secretary shall issue (C) with respect to 1999, 185 percent of the January 1, 1997, of the total amount of pay- regulations specifying requirements for each applicable Federal poverty level; ments under subsection (a) for 1997 (assum- State program under this part with respect (D) with respect to 2000, 200 percent of the ing participation levels under full implemen- to determining eligibility for premium as- applicable Federal poverty level; tation of this subtitle), adjusted for such sistance, including measures to prevent indi- (E) with respect to 2001 and years there- year by population growth and the increase viduals from knowingly making material after, 240 percent of the applicable Federal in health care costs reflected in the cost of misrepresentations of information or provid- poverty level. providing the benefits package under chapter ing false information in applications for as- (b) APPLICABLE SUBSIDY PERCENTAGE.—For 89 of title 5, United States Code. sistance under the program. the purposes of this part, the term ‘‘applica- (B) ALLOWABLE ADJUSTMENTS.—If the total (2) EMPLOYER MAINTENANCE OF EFFORT.—In ble subsidy percentage’’ for an individual de- payment to States under subsection (a) for order to promote employer-based coverage, scribed in subsection (a) means 100 percent any calender year is estimated to be limited the Secretary shall issue regulations that reduced (but not below zero) by 1.82 percent- under subparagraph (A), corresponding ad- provide that an eligible individual may not age points for every 1 percentage point (or justments shall be made to the family in- be a premium subsidy eligible individual de- portion thereof) by which the premium sub- come limits under sections 2012(a)(3) and scribed in subsection (a) if a significant em- sidy eligible individual’s family income ex- 2013(a)(5) for such year. S 114 CONGRESSIONAL RECORD — SENATE January 4, 1995

(2) REDUCTION IN PAYMENTS FOR ADMINIS- (4) ELIGIBLE INDIVIDUAL.— retary’), who shall report directly to the Sec- TRATIVE ERRORS.— (A) IN GENERAL.—The term ‘‘eligible indi- retary’’; and (A) IN GENERAL.—In the case of administra- vidual’’ means an individual who is residing (B) by adding at the end the following new tive errors described in subparagraph (B), in the United States and who is— sentence: ‘‘The Office shall not be a compo- payments available to a State under sub- (i) a citizen or national of the United nent of any other office, service, or compo- section (a) shall be reduced by an amount de- States; or nent of the Department.’’. termined appropriate by the Secretary. (ii) a lawful alien. (2) CONFORMING AMENDMENTS.—(A) Section (B) ADMINISTRATIVE ERRORS DESCRIBED.— (B) EXCLUSION.—The term ‘‘eligible indi- 711(b) of the Social Security Act (42 U.S.C. The administrative errors described in this vidual’’ shall not include an individual who 912(b)) is amended by striking ‘‘the Director’’ subparagraph include the following: is an inmate of a public institution (except and inserting ‘‘the Assistant Secretary’’. (i) An eligibility error rate for premium as- as a patient of a medical institution). (B) Section 338J(a) of the Public Health sistance to the extent the applicable error (C) LAWFUL ALIEN.—The term ‘‘lawful Service Act (42 U.S.C. 254r(a)) is amended by rate exceeds the maximum permissible error alien’’ means an individual who is— striking ‘‘Director of the Office of Rural rate specified by the Secretary. (i) an alien lawfully admitted for perma- Health Policy’’ and inserting ‘‘Assistant Sec- (ii) Misappropriations or other expendi- nent residence, retary for Rural Health’’. tures that the Secretary finds are attrib- (ii) an asylee, (C) Section 464T(b) of the Public Health utable to malfeasance or misfeasance. (iii) a refugee, Service Act (42 U.S.C. 285p–2(b)) is amended (c) REPORTS ON UNEMPLOYMENT.—If there (iv) an alien whose deportation has been in the matter preceding paragraph (1) by are significant changes in the national un- withheld under section 243(h) of the Immi- striking ‘‘Director of the Office of Rural employment level, the Director of the Office gration and Nationality Act, or Health Policy’’ and inserting ‘‘Assistant Sec- of Management and Budget (in consultation (v) a parolee who has been paroled for a pe- retary for Rural Health’’. with the Secretary) shall issue a report to riod of 1 year or more. (D) Section 6213 of the Omnibus Budget Congress on the implications for coverage (5) POVERTY LINE.—The term ‘‘poverty Reconciliation Act of 1989 (42 U.S.C. 1395x under State programs established under this line’’ means the income official poverty line note) is amended in subsection (e)(1) by subtitle. (as defined by the Office of Management and striking ‘‘Director of the Office of Rural (d) AUDITS.—The Secretary shall conduct Budget, and revised annually in accordance Health Policy’’ and inserting ‘‘Assistant Sec- regular audits of the activities conducted with section 673(2) of the Omnibus Budget retary for Rural Health’’. under this subtitle. Reconciliation Act of 1981) that— (E) Section 403 of the Ryan White Com- (e) BUDGETARY TREATMENT.—This section (A) in the case of a family of less than 5 in- prehensive AIDS Resources Emergency Act constitutes budget authority in advance of dividuals, is applicable to a family of the size of 1990 (42 U.S.C. 300ff–11 note) is amended in appropriations Acts, and represents the obli- involved; and the matter preceding paragraph (1) of sub- gation of the Federal Government to provide (B) in the case of a family of more than 4 section (a) by striking ‘‘Director of the Of- payments to the States in accordance with individuals, is applicable to a family of 4 in- fice of Rural Health Policy’’ and inserting this section. dividuals. ‘‘Assistant Secretary for Rural Health’’. PART 3—DEFINITIONS AND (6) SECRETARY.—The term ‘‘Secretary’’ (3) AMENDMENT TO THE EXECUTIVE SCHED- DETERMINATIONS OF INCOME. means the Secretary of Health and Human ULE.—Section 5315 of title 5, United States SEC. 2031. DEFINITIONS AND DETERMINATIONS Services. Code, is amended by striking ‘‘Assistant Sec- OF INCOME. SEC. 2032. REFERENCES TO INDIVIDUAL. retaries of Health and Human Services (5)’’ For purposes of this subtitle: For purposes of this subtitle, any reference and inserting ‘‘Assistant Secretaries of (1) QUALIFIED HEALTH PLAN.—The term to an individual shall include a reference to Health and Human Services (6)’’. ‘‘qualified health plan’’ means a health plan the parent or guardian of such individual. (b) EXPANSION OF DUTIES.—Section 711(a) of providing the benchmark benefits package as Subtitle B—Self-Employed Health Insurance the Social Security Act (42 U.S.C. 912(a)) is described in section 1005. Deduction amended by striking ‘‘and access to (and the quality of) health care in rural areas’’ and (2) CHILD.—The term ‘‘child‘‘ means an in- SEC. 2101. DEDUCTION FOR HEALTH INSURANCE dividual who is under 19 years of age. COSTS OF SELF-EMPLOYED INDIVID- inserting ‘‘access to, and quality of, health (3) DETERMINATIONS OF INCOME.— UALS. care in rural areas, and reforms to the health (A) FAMILY INCOME.—The term ‘‘family in- (a) PHASE-IN DEDUCTION.—Section 162(l) of care system and the implications of such re- come’’ means, with respect to an individual the Internal Revenue Code of 1986 (relating forms for rural areas’’. who— to special rules for health insurance costs of (c) TRANSFER OF DUTIES.—Effective Janu- (i) is not a dependent (as defined in sub- self-employed individuals) is amended— ary 1, 1996, the functions, powers, duties, and paragraph (B)) of another individual, the (1) by striking paragraph (6); and authority that were carried out in accord- sum of the modified adjusted gross incomes (2) by striking paragraph (1) and inserting ance with Federal law by the Office of Rural (as defined in subparagraph (D)) for the indi- the following: Health Policy in the Department of Health vidual, the individual’s spouse, and children ‘‘(1) ALLOWANCE OF DEDUCTION.— and Human Services are transferred to the who are dependents of the individual; or ‘‘(A) IN GENERAL.—In the case of an indi- Office of the Assistant Secretary for Rural (ii) is a dependent of another individual, vidual who is an employee within the mean- Health in the Department of Health and the sum of the modified adjusted gross in- ing of section 401(c)(1), there shall be allowed Human Services. comes for the other individual, the other in- as a deduction under this section an amount (d) EFFECTIVE DATE.—The amendments dividual’s spouse, and children who are de- equal to the applicable percentage of the made by this section shall take effect on pendents of the other individual. amount paid during the taxable year for in- January 1, 1996. (B) DEPENDENT.—The term ‘‘dependent’’ surance which constitutes medical care for Subtitle B—Development of Telemedicine in has the meaning given such term in section the taxpayer, his spouse, and dependents. Rural Underserved Areas 152 of the Internal Revenue Code of 1986. ‘‘(B) APPLICABLE PERCENTAGE.—For pur- (C) MODIFIED ADJUSTED GROSS INCOME.—The poses of subparagraph (A), the applicable SEC. 3101. GRANTS FOR DEVELOPMENT OF term ‘‘modified adjusted gross income’’ percentage shall be determined as follows: RURAL TELEMEDICINE. means adjusted gross income (as defined in ‘‘If the taxable year The applicable (a) IN GENERAL.— section 62(a) of the Internal Revenue Code of begins in: percentage is: (1) GRANTS AWARDED.—The Secretary, act- 1986)— 1994 ...... 25 percent ing through the Office of Rural Health Pol- (i) determined without regard to sections 1997 ...... 50 percent icy, shall award grants to eligible entities 1998 ...... 75 percent 135, 162(l), 911, 931, and 933 of such Code, and that have applications approved under sub- (ii) increased by— 1999 or thereafter ...... 100 percent.’’. (b) EFFECTIVE DATE.—The amendments section (b) for the purpose of expanding ac- (I) the amount of interest received or ac- made by this section shall apply to taxable cess to health care services for individuals in crued by the individual during the taxable years beginning after December 31, 1993. rural areas through the use of telemedicine. year which is exempt from tax, and Grants shall be awarded under this section TITLE III—IMPROVING ACCESS IN RURAL (II) the amount of the social security bene- to encourage the initial development of rural AREAS fits (as defined in section 86(d) of such Code) telemedicine networks, expand existing net- received during the taxable year to the ex- Subtitle A—Office of Rural Health Policy works, link existing networks together, or tent not included in gross income under sec- SEC. 3001. OFFICE OF RURAL HEALTH POLICY. link such networks to existing fiber optic tion 86 of such Code. (a) APPOINTMENT OF ASSISTANT SEC- telecommunications systems. The determination under the preceding sen- RETARY.— (2) ELIGIBLE ENTITY.—For purposes of this tence shall be made without regard to any (1) IN GENERAL.—Section 711(a) of the So- section, the term ‘‘eligible entity’’ includes carryover or carryback. cial Security Act (42 U.S.C. 912(a)) is amend- hospitals and other health care providers in (D) RULES RELATING TO DISREGARD OF CER- ed— a health care network of community-based TAIN INCOME.—The Secretary may promul- (A) by striking ‘‘by a Director, who shall providers that includes at least 3 of the fol- gate rules under which spousal income may advise the Secretary’’ and inserting ‘‘by an lowing: be disregarded in instances in which a spouse Assistant Secretary for Rural Health (in this (A) Community or migrant health centers. is not part of a family unit. section referred to as the ‘Assistant Sec- (B) Local health departments. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 115

(C) Community mental health centers. (2) SECRETARY.—The term ‘‘Secretary’’ eral shall publish in the Federal Register the (D) Nonprofit hospitals. means the Secretary of Health and Human guidelines established under subsection (a) (E) Private practice health professionals, Services. together with any proposed additional safe including rural health clinics. Subtitle C—Rural Health Plan Demonstration harbors for rural providers of health care (F) Other publicly funded health or social Projects services. services agencies. SEC. 3201. RURAL HEALTH PLAN DEMONSTRA- (b) APPLICATION.—To be eligible to receive TION PROJECTS. TITLE IV—QUALITY AND CONSUMER PROTECTION a grant under this section an entity shall (a) IN GENERAL.—The Secretary of Health submit to the Secretary an application con- and Human Services, in consultation with Subtitle A—Administrative Simplification taining such information as the Secretary the Secretary of Labor, shall establish and may require, including the anticipated need implement not more than 3 demonstration PART 1—PURPOSE AND DEFINITIONS for the grant and the source and amount of projects for the designation of rural health non-Federal funds the entity would pledge plan areas. To be designated as a rural SEC. 4001. PURPOSE. for the project. health plan area under this section, an area (a) IN GENERAL.—It is the purpose of this (c) PREFERENCE.—The Secretary shall, in must be a rural area (as defined in section subtitle to promote administrative sim- awarding grants under this section, give 1866(d)(2)(D) of the Social Security Act (42 plification, enhance the usefulness of health preference to applicants that— U.S.C. 1395cc(d)(2)(D))) or an underserved information, and protect privacy through (1) are health care providers in rural health nonurban area in accordance with other cri- the establishment of a national framework care networks or providers that propose to teria specified by the Secretary of Health for health information. form such networks in medically under- and Human Services. (b) GOALS OF FRAMEWORK.—By standardiz- served or health professional shortage areas; (b) APPLICATION.—To be eligible to conduct ing data elements, code sets, and electronic (2) propose to use Federal funds to develop a demonstration project under this section, transactions, and by assuring a secure envi- plans for, or to establish, telemedicine sys- an entity shall prepare and submit to the ronment for the transmission and exchange tems that will link rural hospitals and rural Secretary of Health and Human Services an of health information, it is the goal of the health care providers to other hospitals and application containing such information as national framework to reduce the burden of health care providers; and the Secretary may require to ensure that administrative complexity, paper work, and (3) demonstrate financial, institutional, project participants meet the goals described cost on the health care system, including the and community support for the long range in subsection (d). An application submitted medicare program under title XVIII of the viability of the network. under this section shall— Social Security Act and the medicaid pro- SE OF AMOUNTS.—Amounts received (d) U (1) identify the area in which the dem- gram under title XIX of such Act. It is the under a grant awarded under this section onstration project will be conducted; and further goal of the national framework to shall be utilized for the development of (2) provide assurances that the area de- enable the information routinely collected in telemedicine networks. Such amounts may scribed in paragraph (1) meets the require- the health care and claims processes to be be used to cover the costs associated with ments of subsection (a). used for other health related purposes, in- the development of telemedicine networks (c) REQUIREMENTS.—An entity offering a cluding promoting access and quality of and the acquisition of telemedicine equip- health plan (as defined in section 1031(a)) care, achieving public health objectives, im- ment and modifications or improvements of through a demonstration project under this telecommunications facilities as approved by proving the detection of fraud and abuse, and section shall— the Secretary. advancing medical research. (1) have a recognized, long-standing rela- (e) PROHIBITED USES.—Amounts received tionship with the rural community in which SEC. 4002. DEFINITIONS. under a grant awarded under this section (a) DEFINITIONS FOR TITLE.—For purposes may not be used for any of the following: the project is being conducted; and (2) ensure that the plan meets the require- of this title: (1) Expenditures to purchase or lease (1) HEALTH CARE PROVIDER.—The term equipment to the extent the expenditures ments for health plans under title I. (d) GOALS.—The goals referred to in this ‘‘health care provider’’ means any person would exceed more than 60 percent of the furnishing health care services or supplies. total grant funds. subsection are as follows: (1) To develop a reliable supply of health (2) HEALTH INFORMATION.—The term (2) Expenditures for indirect costs (as de- ‘‘health information’’ means any informa- termined by the Secretary) to the extent the care providers and rural health service deliv- tion, whether oral or recorded in any form or expenditures would exceed more than 10 per- ery infrastructures with a sound financial medium that— cent of the total grant funds. footing. (2) To develop a mechanism to begin to (A) is created or received by a health care SEC. 3102. REPORT AND EVALUATION OF provider, health plan, health oversight agen- TELEMEDICINE. provide the benefits of networking found in cy (as defined in section 4101), health re- Not later than October 1, 1995, the White urban health systems to rural Americans liv- searcher, public health authority (as defined House Information Infrastructure Task ing in rural health plan areas. Force shall prepare and submit to Congress a (e) REPORT.—Not later than 360 days after in section 4101), employer, life insurer, report that evaluates the cost effectiveness the date on which the first demonstration school or university, or certified health in- and utility of telemedicine and includes rec- project is implemented under this section, formation network service; and ommendations for a coordinated Federal and annually thereafter for each year in (B) relates to the past, present, or future strategy to increase access to health care which a project is being conducted, the Sec- physical or mental health or condition of an through telemedicine. retary of Health and Human Services shall individual, the provision of health care to an SEC. 3103. REGULATIONS ON REIMBURSEMENT submit to Congress a report that evaluates individual, or the past, present, or future OF TELEMEDICINE. the effectiveness of such projects. Such re- payment for the provision of health care to Not later than July 1, 1996, the Secretary, ports shall include any legislative rec- an individual. in consultation with the Assistant Secretary ommendations determined appropriate by (3) HEALTH INFORMATION PROTECTION ORGA- for Rural Health and the Administrator of the Secretary. NIZATION.—The term ‘‘health information the Health Care Financing Administration, Subtitle D—Antitrust Safe Harbors for Rural protection organization’’ means a private en- shall issue regulations concerning reim- Health Providers tity or an entity operated by a State, cer- bursement for telemedicine services provided SEC. 3301. ANTITRUST SAFE HARBORS FOR tified under section 4022, that accesses stand- under title XVIII of the Social Security Act. RURAL HEALTH PROVIDERS. ard data elements of health information SEC. 3104. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—The Attorney General of through the health information network There are authorized to be appropriated the United States, in consultation with the and— $20,000,000 for each of fiscal years 1996, 1997, Commissioner of the Federal Trade Commis- (A) stores such information; and 1998, 1999, and 2000, to carry out this subtitle. sion, shall establish policy guidelines to as- (B) processes such information into non- SEC. 3105. DEFINITIONS. sist rural health care providers in complying identifiable health information and discloses For purposes of this subtitle: with safe harbor requirements with respect such information in accordance with subtitle (1) RURAL HEALTH CARE NETWORK.—The to the conduct of activities relating to the B. term ‘‘rural health care network’’ means a provision of health care services in rural (4) HEALTH PLAN.—The term ‘‘health plan’’ group of rural hospitals or other rural health areas. has the meaning given such term in section care providers (including clinics, physicians (b) DISSEMINATION OF INFORMATION.—The 1031(a) except that such term shall include and non-physicians primary care providers) Attorney General, in consultation with the paragraphs (3), (4), (5), (6), (7), (8), and (9) of that have entered into a relationship with Commissioner of the Federal Trade Commis- such section. each other or with nonrural hospitals and sion and the Assistant Secretary for Rural (5) NON-IDENTIFIABLE HEALTH INFORMA- health care providers for the purpose of Health, shall develop methods for the dis- TION.—The term ‘‘non-identifiable health in- strengthening the delivery of health care semination of the guidelines established formation’’ means health information that is services in rural areas or specifically to im- under subsection (a) to rural health care pro- not protected health information as defined prove their patients’ access to telemedicine viders. in section 4101. services. At least 75 percent of hospitals and (c) PUBLICATION OF ADDITIONAL SAFE HAR- (6) SECRETARY.—The term ‘‘Secretary’’ other health care providers participating in BORS.—Not later than 120 days after the date means the Secretary of Health and Human the network shall be located in rural areas. of enactment of this Act, the Attorney Gen- Services. S 116 CONGRESSIONAL RECORD — SENATE January 4, 1995

(b) DEFINITIONS FOR SUBTITLE.—For pur- (d) ELECTRONIC SIGNATURE.—The Sec- health information that is requested by such poses of this subtitle: retary, in coordination with the Secretary of agency. (1) CODE SET.—The term ‘‘code set’’ means Commerce, shall promulgate regulations (2) CERTAIN INFORMATION AVAILABLE AT LOW any set of codes used for encoding data ele- specifying procedures for the electronic COST.—If a health information protection or- ments, such as tables of terms, medical con- transmission and authentication of signa- ganization described in paragraph (1) needs cepts, medical diagnostic codes, or medical tures, compliance with which shall be information from a health plan, health care procedure codes. deemed to satisfy Federal and State statu- provider, or other health information protec- (2) COORDINATION OF BENEFITS.—The term tory requirements for written signatures tion organization in order to comply with a ‘‘coordination of benefits’’ means determin- with respect to information transactions re- request of a Federal or State agency under ing and coordinating the financial obliga- quired by this subtitle and written signa- this Act, such plan, provider, or other orga- tions of health plans when health care bene- tures on medical records and prescriptions. nization shall make such information avail- fits are payable under 2 or more health (e) SPECIAL RULES FOR COORDINATION OF able to such organization for a charge that plans. BENEFITS.—Any standards adopted under does not exceed the reasonable cost of trans- (3) HEALTH INFORMATION NETWORK.—The subsection (a) that relate to coordination of mitting the information. term ‘‘health information network’’ means benefits shall provide that a claim for reim- (c) MODIFICATIONS TO STANDARDS.—Rules the health information system that is bursement for medical services furnished is similar to rules under section 4012(c)(2) shall formed through the application of the re- tested by an algorithm specified by the Sec- apply to modifications to standards under quirements and standards established under retary against all records that are electroni- this part. cally available through the health informa- this subtitle. PART 5—PENALTIES (4) STANDARD.—The term ‘‘standard’’, when tion network relating to enrollment and eli- referring to an information transaction or to gibility for the individual who received such SEC. 4041. GENERAL PENALTY FOR FAILURE TO data elements of health information, means services to determine any primary and sec- COMPLY WITH REQUIREMENTS AND the transaction or data elements meet any ondary obligers for payment. STANDARDS. (a) IN GENERAL.—Except as provided in standard adopted by the Secretary under PART 3—REQUIREMENTS WITH RESPECT subsection (b), the Secretary shall impose on part 2 that applies to such information TO CERTAIN TRANSACTIONS AND IN- any person that violates a requirement or transaction or data elements. FORMATION standard imposed under this subtitle a pen- PART 2—STANDARDS FOR DATA ELE- SEC. 4021. REQUIREMENTS ON HEALTH PLANS alty of not more than $1,000 for each viola- AND HEALTH CARE PROVIDERS. MENTS AND INFORMATION TRANS- tion. The provisions of section 1128A of the (a) IN GENERAL.—A health plan or health ACTIONS Social Security Act (42 U.S.C. 1320a-7a) care provider shall conduct transactions de- SEC. 4011. GENERAL REQUIREMENTS ON SEC- (other than subsections (a) and (b) and the scribed in section 4012(a) as standard trans- RETARY. second sentence of subsection (f)) shall apply actions. The Secretary shall adopt standards and to the imposition of a civil money penalty (b) COMPLIANCE.—Not later than 12 months modifications to standards under this sub- under this subsection in the same manner as after the date on which a standard is adopted title relying, if possible, on standards in use such provisions apply to the imposition of a under part 2, a health plan or health care and generally accepted or developed or modi- penalty under such section 1128A. provider shall comply with the requirement fied by the standards setting organizations (b) LIMITATIONS.— under subsection (a) with respect to such accredited by the American National Stand- (1) NONCOMPLIANCE NOT DISCOVERED.—A ard Institute (ANSI). standard. penalty may not be imposed under sub- (c) RESPONSE TO ELECTRONIC INQUIRY.—If a SEC. 4012. STANDARDS FOR HEALTH INFORMA- section (a) if it is established to the satisfac- health plan or health care provider conducts TION TRANSACTIONS AND DATA tion of the Secretary that the person liable a transaction in compliance with subsection ELEMENTS. for the penalty did not know, and by exercis- (a), such transaction and the standard data (a) IN GENERAL.—The Secretary shall adopt ing reasonable diligence would not have elements of such transaction shall be made standards for transactions, data elements, known, that such person failed to comply available electronically, in accordance with and code sets, to make uniform and able to with the requirement or standard described section 4031, in response to an electronic in- be exchanged electronically health informa- in subsection (a). quiry from a health information protection tion that is— (2) FAILURES DUE TO REASONABLE CAUSE.—A (1) appropriate for the following financial organization. penalty may not be imposed under sub- and administrative transactions: claims (in- SEC. 4022. STANDARDS AND CERTIFICATION FOR section (a) if the failure to comply was due cluding coordination of benefits) or equiva- HEALTH INFORMATION PROTEC- TION ORGANIZATIONS. to reasonable cause and not to willful ne- lent encounter information in the case of glect, and the failure to comply is corrected (a) STANDARDS FOR OPERATION.—The Sec- health care providers that do not file claims, during the time period established by the retary shall establish standards with respect claims attachments, enrollment and Secretary. to the operation and certification of health disenrollment, eligibility, payment and re- (3) REDUCTION.—In the case of a failure to information protection organizations, in- mittance advice, premium payments, first comply which is due to reasonable cause and cluding standards ensuring that— report of injury, claims status, and referral not to willful neglect, any penalty under (1) such organizations have capabilities, certification and authorization; subsection (a) that is not entirely waived policies, and procedures in place that are (2) related to other transactions deter- under paragraph (2) may be waived to the ex- consistent with the privacy requirements mined appropriate by the Secretary consist- tent that the payment of such penalty would under subtitle B; and ent with the goals of improving the health be excessive relative to the compliance fail- (2) such organizations, if part of a larger care system and reducing administrative ure involved. costs; and organization, have policies and procedures in PART 6—MISCELLANEOUS PROVISIONS (3) related to inquiries by a health infor- place which isolate their information proc- mation protection organization with respect essing activities in a manner that prevents SEC. 4051. EFFECT ON STATE LAW. unauthorized access to such information by to information standardized under paragraph (a) IN GENERAL.—Except as provided in (1) or (2). such larger organization. subsection (b), a provision, requirement, or (b) CERTIFICATION BY PRIVATE ENTITIES.— (b) UNIQUE HEALTH IDENTIFIERS.—The Sec- standard under this subtitle shall supersede retary shall adopt standards providing for a The Secretary may designate private enti- any contrary provision of State law, includ- standard unique health identifier for each in- ties to conduct the certification procedures ing— dividual, employer, health plan, and health established by the Secretary under this sec- (1) any law that requires medical or health care provider for use in the health care sys- tion. plan records (including billing information) tem. PART 4—ACCESSING HEALTH to be maintained or transmitted in writing, (c) CODE SETS.— INFORMATION and (1) IN GENERAL.—The Secretary shall, if SEC. 4031. ACCESS FOR AUTHORIZED PURPOSES. (2) a provision of State law which provides possible, select code sets from among the (a) IN GENERAL.—The Secretary shall adopt for requirements or standards that are more code sets that have been developed, and shall technical standards for appropriate persons stringent than the requirements or stand- establish efficient and low-cost procedures to locate and access the health information ards under this subtitle; for distribution of code sets and modifica- that is available through the health informa- except if the Secretary determines that the tions made to such code sets under section tion network. Such technical standards shall provision is necessary to prevent fraud and 4013(b). ensure that any request to locate or access abuse, with respect to controlled substances, (2) ADDITIONS AND MODIFICATIONS TO CODE information shall be authorized under sub- or for other purposes. SETS.—The Secretary shall ensure that pro- title B. (b) PUBLIC HEALTH REPORTING.—Nothing in cedures exist for the routine maintenance, (b) GOVERNMENT AGENCIES.— this subtitle shall be construed to invalidate testing, enhancement, and expansion of code (1) IN GENERAL.—Health information pro- or limit the authority, power, or procedures sets to accommodate changes in biomedical tection organizations shall make available established under any law providing for the science and health care delivery. Modified to a Federal or State agency pursuant to a reporting of disease or injury, child abuse, code sets shall be adopted not more fre- Federal Acquisition Regulation (or an equiv- birth, or death, public health surveillance, or quently than once every 6 months. alent State system), any non-identifiable public health investigation or intervention. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 117 SEC. 4052. AUTHORIZATION OF APPROPRIATIONS. individual (if the individual lacks the legal (2) the information disclosed relates to There are authorized to be appropriated capacity under State law to make such deci- health care currently being provided to that such sums as may be necessary to carry out sions) or the administrator or executor of individual. the purposes of this subtitle. the estate of a deceased individual. (i) INFORMATION IN WHICH PROVIDERS ARE Subtitle B—Privacy of Health Information (7) PERSON.—The term ‘‘person’’ includes IDENTIFIED.—The Secretary may issue regu- PART 1—DEFINITIONS an authority of the United States, a State, lations protecting information identifying or a political subdivision of a State. providers in order to promote the availabil- SEC. 4101. DEFINITIONS. ity of health care services. For purposes of this subtitle: PART 2—AUTHORIZED DISCLOSURES (1) PROTECTED HEALTH INFORMATION.—The Subpart A—General Provisions SEC. 4107. AUTHORIZATIONS FOR DISCLOSURE term ‘‘protected health information’’ means SEC. 4106. GENERAL RULES REGARDING DISCLO- OF PROTECTED HEALTH INFORMA- any information, including demographic in- SURE. TION. formation collected from an individual, (a) GENERAL RULE.—A health information (a) WRITTEN AUTHORIZATIONS.—A health in- whether oral or recorded in any form or me- trustee may disclose protected health infor- formation trustee may disclose protected dium, that— mation only for a purpose that is authorized health information pursuant to an author- (A) is created or received by a health care under this subtitle. ization executed by the individual who is the provider, health plan, health oversight agen- (b) DISCLOSURE WITHIN A TRUSTEE.—A subject of the information under regulations cy, health researcher, public health author- health information trustee may disclose pro- issued by the Secretary. ity, employer, life insurer, school or univer- tected health information to an officer, em- (b) WRITTEN OBJECTIONS TO DISCLOSURE.— sity, or health information protection orga- ployee, or agent of the trustee for a purpose Except if required by law, nothing in this nization; and that is compatible with and related to the subtitle that permits a disclosure shall allow (B) relates to the past, present, or future purpose for which the information was col- such disclosure if the subject of the pro- physical or mental health or condition of an lected or received by that trustee. tected health information has previously ob- individual, the provision of health care to an (c) SCOPE OF DISCLOSURE.—Every disclo- jected to disclosure in writing. individual, or the past, present, or future sure of protected health information by a payment for the provision of health care to health information trustee shall be limited SEC. 4108. HEALTH INFORMATION PROTECTION ORGANIZATIONS. an individual, and— to the minimum amount of information nec- A health information trustee may disclose (i) identifies an individual; or essary to accomplish the purpose for which protected health information to a health in- (ii) with respect to which there is a reason- the information is disclosed. formation protection organization for the able basis to believe that the information (d) NO GENERAL REQUIREMENT TO DIS- purpose of creating non-identifiable health can be used to identify an individual. CLOSE.—Nothing in this subtitle that permits information. (2) DISCLOSE.—The term ‘‘disclose’’, when a disclosure of health information shall be used with respect to protected health infor- construed to require such disclosure. Subpart B—Specific Disclosures Relating to mation, means to provide access to the infor- (e) USE AND REDISCLOSURE OF INFORMA- Patient mation, but only if such access is provided to TION.—Protected health information about a person other than the individual who is the an individual that is disclosed under this SEC. 4111. DISCLOSURES FOR TREATMENT AND subject of the information. subtitle may not be used in, or disclosed to FINANCIAL AND ADMINISTRATIVE TRANSACTIONS. (3) HEALTH INFORMATION TRUSTEE.—The any person for use in, any administrative, term ‘‘health information trustee’’ means— civil, or criminal action or investigation di- (a) HEALTH CARE TREATMENT.—A health (A) a health care provider, health plan, rected against the individual unless the ac- care provider, health plan, employer, or per- health oversight agency, health information tion or investigation arises out of or is di- son who receives protected health informa- protection organization, employer, life in- rectly related to the law enforcement in- tion under section 4112, may disclose pro- surer, or school or university insofar as it quiry for which the information was ob- tected health information to a health care creates, receives, maintains, uses, or trans- tained. provider for the purpose of providing health mits protected health information; (f) IDENTIFICATION OF DISCLOSED INFORMA- care to an individual. (B) any person who obtains protected TION AS PROTECTED INFORMATION.—When en- (b) DISCLOSURE FOR FINANCIAL AND ADMIN- health information under section 4108, 4111, gaging in a permitted disclosure, a health in- ISTRATIVE PURPOSES.—A health care provider 4116, 4117, 4118, 4121, 4122, 4126, or 4131; and formation trustee shall clearly identify pro- or employer may disclose protected health (C) any employee or agent of a person cov- tected health information as such and as information to a health care provider or ered under subparagraphs (A) or (B). protected by this subtitle, unless the disclo- health plan for the purpose of providing for (4) HEALTH OVERSIGHT AGENCY.—The term sure is made under section 4112 or is a rou- the payment for, or reviewing the payment ‘‘health oversight agency’’ means a person tine disclosure made under a written agree- of, health care furnished to an individual. ment which satisfies this subsection. who— SEC. 4112. EMERGENCY CIRCUMSTANCES. (A) performs or oversees the performance (g) DIRECTORY INFORMATION.—A health care A health care provider, health plan, em- of an assessment, evaluation, determination, provider and a person receiving protected ployer, or person who receives protected or investigation relating to the licensing, ac- health information under section 4112 may health information under this section may creditation, or certification of health care disclose protected health information to any disclose protected health information in providers; or person if the information consists only of 1 emergency circumstances when necessary to (B)(i) performs or oversees the performance or more of the following items: protect the health or safety of an individual of an assessment, evaluation, determination, (1) The the name of the individual who is from imminent harm. investigation, or prosecution relating to the the subject of the information. effectiveness of, compliance with, or applica- (2) If the individual who is the subject of Subpart C—Disclosure for Oversight, Public bility of legal, fiscal, medical, or scientific the information is receiving health care Health, and Research Purposes standards or aspects of performance related from a health care provider on a premises to the delivery of, or payment for health controlled by the provider— SEC. 4116. OVERSIGHT. care or relating to health care fraud or (A) the location of the individual on the A health information trustee may disclose fraudulent claims for payment regarding premises; and protected health information to a health health care; and (B) the general health status of the indi- oversight agency for an oversight function (ii) is a public agency, acting on behalf of vidual, described as critical, poor, fair, sta- authorized by law. a public agency, acting pursuant to a re- ble, or satisfactory, or in terms denoting SEC. 4117. PUBLIC HEALTH. quirement of a public agency, or carrying similar conditions. A health care provider, health plan, public out activities under a Federal or State law (h) NEXT OF KIN.—A health care provider or health authority, employer, or person who governing the assessment, evaluation, deter- person who receives protected health infor- receives protected health information under mination, investigation, or prosecution de- mation under section 4112 may disclose pro- section 4112 may disclose protected health scribed in clause (i). tected health information to the next of kin, information to a public health authority or (5) PUBLIC HEALTH AUTHORITY.—The term an individual representative of the individ- other person authorized by law for use in a ‘‘public health authority’’ means an author- ual who is the subject of the information, or legally authorized— ity or instrumentality of the United States, an individual with whom that individual has (1) disease or injury reporting; a State, or a political subdivision of a State a close personal relationship if— (2) public health surveillance; or that is— (1) the individual who is the subject of the (3) public health investigation or interven- (A) responsible for public health matters; information— tion. and (A) has been notified of the individual’s (B) engaged in such activities as injury re- right to object and has not objected to the SEC. 4118. HEALTH RESEARCH. porting, public health surveillance, and pub- disclosure; (a) IN GENERAL.—A health information lic health investigation or intervention. (B) is not competent to be notified about trustee may disclose protected health infor- (6) INDIVIDUAL REPRESENTATIVE.—The term the right to object; or mation to a health researcher if an institu- ‘‘individual representative’’ means any indi- (C) is subject to exigent circumstances tional review board determines that the re- vidual legally empowered to make decisions such that it would not be practicable to no- search project engaged in by the health re- concerning the provision of health care to an tify the individual of the right to object; and searcher— S 118 CONGRESSIONAL RECORD — SENATE January 4, 1995 (1) requires use of the protected health in- vided written certification that section 4127 SEC. 4128. CHALLENGE PROCEDURES FOR LAW formation for the effectiveness of the has been complied with by the person seek- ENFORCEMENT WARRANTS, SUB- project; and ing the subpoena or summons; or POENAS, AND SUMMONS. (2) is of sufficient importance to outweigh (2) an administrative subpoena or sum- (a) MOTION TO QUASH.—Within 15 days after the intrusion into the privacy of the individ- mons, a judicial subpoena or warrant, or a the date of service of a notice of execution or ual who is the subject of the information grand jury subpoena, and the disclosure oth- a copy of a warrant, subpoena, or summons that would result from the disclosure. erwise meets the conditions of section 4116, of a government authority seeking protected (b) RESEARCH REQUIRING DIRECT CONTACT.— 4117, 4118, 4121, or 4122. health information about an individual A health care provider or health plan may under paragraph (1) or (2) of section 4126, the disclose protected health information to a SEC. 4127. ACCESS PROCEDURES FOR LAW EN- individual may file a motion to quash. health researcher for a research project that FORCEMENT SUBPOENAS AND WAR- (b) STANDARD FOR DECISION.—The court includes direct contact with an individual RANTS. shall grant a motion under subsection (a) un- who is the subject of protected health infor- (a) PROBABLE CAUSE REQUIREMENT.—A gov- less the government demonstrates that there mation if an institutional review board de- ernment authority may not obtain protected is probable cause to believe the protected termines that direct contact is necessary health information about an individual health information is relevant to a legiti- and will be made in a manner that minimizes under paragraph (1) or (2) of section 4126 for mate law enforcement inquiry being con- the risk of harm, embarrassment, or other use in a law enforcement inquiry unless ducted by the government authority and the adverse consequences to the individual. there is probable cause to believe that the government authority’s need for the infor- (c) OBLIGATIONS OF RECIPIENT.—A person information is relevant to a legitimate law mation outweighs the privacy interest of the who receives protected health information enforcement inquiry being conducted by the individual. government authority. under subsection (a) shall use such informa- Subpart F—Disclosure Pursuant to Party (b) WARRANTS.—A government authority tion solely for the purposes of the approved Subpoena research project and shall remove or destroy, that obtains protected health information at the earliest opportunity consistent with about an individual under circumstances de- SEC. 4131. PARTY SUBPOENAS. the purposes of the project, information that scribed in subsection (a) and pursuant to a A health care provider, health plan, em- would enable an individual to be identified. warrant shall, not later than 30 days after ployer, or person who receives protected the date the warrant was executed, serve the health information under section 4112 may Subpart D—Disclosure For Judicial, Adminis- individual with, or mail to the last known disclose protected health information under trative, and Law Enforcement Purposes address of the individual, a notice that pro- this section if the disclosure is pursuant to a SEC. 4121. JUDICIAL AND ADMINISTRATIVE PUR- tected health information about the individ- subpoena issued on behalf of a party who has POSES. ual was so obtained, together with a notice complied with the access provisions of sec- A health care provider, health plan, health of the individual’s right to challenge the tion 4132. oversight agency, or employer may disclose warrant. protected health information, subject to a SEC. 4132. ACCESS PROCEDURES FOR PARTY (c) SUBPOENA OR SUMMONS.—Except as pro- SUBPOENAS. court’s rules of procedure— vided in subsection (d), a government au- A party may not obtain protected health (1) in connection with litigation or pro- thority may not obtain protected health in- information about an individual pursuant to ceedings to which the individual who is the formation about an individual under cir- a subpoena unless a copy of the subpoena to- subject of the information is a party and in cumstances described in subsection (a) and gether with a notice of the individual’s right which the individual has placed the individ- pursuant to a subpoena or summons unless a to challenge the subpoena in accordance ual’s physical or mental condition at issue; copy of the subpoena or summons has been with section 4133 has been served upon the (2) if the protected health information is served on the individual on or before the individual on or before the date of return of developed in response to a court-ordered date of return of the subpoena or summons, the subpoena. physical or mental examination; or together with notice of the individual’s right (3) pursuant to a law requiring the report- SEC. 4133. CHALLENGE PROCEDURES FOR PARTY to challenge the subpoena or summons. No ing of specific medical information to law SUBPOENAS. disclosure may be made until after the 15th enforcement authorities. (a) MOTION TO QUASH SUBPOENA.—After day after the individual has been served or service of a copy of the subpoena seeking SEC. 4122. LAW ENFORCEMENT. after a court order allowing disclosure. protected health information under section (a) IN GENERAL.—A health care provider, (d) APPLICATION FOR DELAY.— 4131, the individual who is the subject of the health plan, health oversight agency, em- (1) IN GENERAL.—A government authority protected health information may file in any ployer, or person who receives protected may apply ex parte and under seal to an ap- court of competent jurisdiction a motion to health information under section 4112 may propriate court to delay (or extend a delay) quash the subpoena. disclose protected health information to a serving a notice or copy of a warrant, sub- (b) STANDARD FOR DECISION.—The court law enforcement agency (other than a health poena, or summons required under sub- shall grant a motion under subsection (a) un- oversight agency governed by section 4116) if section (b) or (c). The initial period of delay less the respondent demonstrates that— the information is requested for use— may not exceed 90 days. (1) there is reasonable ground to believe (1) in an investigation or prosecution of a (2) EX PARTE ORDER.—The court shall enter the information is relevant to a lawsuit or health information trustee; an ex parte order delaying or extending the other judicial or administrative proceeding; (2) in the identification of a victim or wit- delay of notice, an order prohibiting the dis- and ness in a law enforcement inquiry; or closure of the request for, or disclosure of, (2) the need of the respondent for the infor- (3) in connection with the investigation of the protected health information, and an mation outweighs the privacy interest of the criminal activity committed against the order requiring the disclosure of the pro- individual. trustee or on premises controlled by the tected health information if the court finds PART 3—PROCEDURES FOR ENSURING SE- trustee. that— CURITY OF PROTECTED HEALTH INFOR- (b) WRITTEN CERTIFICATION.—If a law en- (A) the inquiry being conducted is within MATION forcement agency (other than a health over- the lawful jurisdiction of the government au- sight agency) requests that a health infor- thority seeking the protected health infor- Subpart A—Establishment of Safeguards mation trustee disclose protected health in- mation; SEC. 4136. ESTABLISHMENT OF SAFEGUARDS. formation under this section, such agency (B) there is probable cause to believe that A health information trustee shall estab- shall provide the trustee with a written cer- the protected health information being lish and maintain appropriate administra- tification that— sought is relevant to a legitimate law en- tive, technical, and physical safeguards to (1) specifies the information requested; forcement inquiry; ensure the integrity and confidentiality of (2) states that the information is needed (C) the government authority’s need for protected health information created or re- for a lawful purpose under this section; and the information outweighs the privacy inter- ceived by the trustee. (3) is signed by a supervisory official of a est of the individual who is the subject of the SEC. 4137. ACCOUNTING FOR DISCLOSURES. rank designated by the head of the agency. information; and A health information trustee shall create Subpart E—Disclosure Pursuant to (D) there is reasonable ground to believe and maintain, with respect to any protected Government Subpoena or Warrant that receipt of notice by the individual will health information disclosed in exceptional result in— SEC. 4126. GOVERNMENT SUBPOENAS AND WAR- circumstances, a record of the disclosure in RANTS. (i) endangering the life or physical safety accordance with regulations issued by the A health care provider, health plan, health of any individual; Secretary. oversight agency, employer, or person who (ii) flight from prosecution; receives protected health information under (iii) destruction of or tampering with evi- Subpart B—Review of Protected Health section 4112 may disclose protected health dence or the information being sought; Information By Subjects of the Information information under this section if the disclo- (iv) intimidation of potential witnesses; or SEC. 4141. INSPECTION OF PROTECTED HEALTH sure is pursuant to— (v) disclosure of the existence or nature of INFORMATION. (1) an administrative subpoena or sum- a confidential law enforcement investigation (a) IN GENERAL.—Except as provided in mons, a judicial subpoena or warrant, or a or grand jury investigation is likely to seri- subsection (b), a health care provider or grand jury subpoena, and the trustee is pro- ously jeopardize such investigation. health plan shall permit an individual who is January 4, 1995 CONGRESSIONAL RECORD — SENATE S 119

the subject of protected health information (b) LIMITATION.—No action may be com- obtain a type of medical examination, care, or the individual’s designee to inspect any menced under this section more than 3 years or treatment and who has sought such exam- such information that the provider or plan after the date on which the violation was or ination, care, or treatment, the individual maintains. A health care provider or health should reasonably have been discovered. shall exercise all rights of an individual plan may require an individual to reimburse Subpart B—Criminal Sanctions under this subtitle with respect to protected the provider or plan for the cost of such in- SEC. 4161. WRONGFUL DISCLOSURE OF PRO- health information relating to such exam- spection. TECTED HEALTH INFORMATION. ination, care, or treatment. (b) EXCEPTIONS.—A health care provider or (a) OFFENSE.—A person who knowingly— (b) INDIVIDUALS UNDER 18.—Except as pro- health plan is not required by this section to (1) obtains protected health information vided in subsection (a)(2), in the case of an permit inspection or copying of protected relating to an individual in violation of this individual who is— health information if any of the following subtitle; or (1) under 14 years of age, all the individ- conditions apply: (2) discloses protected health information ual’s rights under this subtitle shall be exer- (1) MENTAL HEALTH TREATMENT NOTES.— to another person in violation of this sub- cised through the parent or legal guardian of The information consists of psychiatric, psy- title, the individual; or chological, or mental health treatment shall be punished as provided in subsection (2) 14, 15, 16, or 17 years of age, the rights notes, and the provider or plan determines, (b). of inspection and amendment, and the right based on reasonable medical judgment, that (b) PENALTIES.—A person described in sub- to authorize disclosure of protected health inspection or copying of the notes would information of the individual may be exer- cause sufficient harm. section (a) shall— (1) be fined not more than $50,000, impris- cised either by the individual or by the par- (2) ENDANGERMENT TO LIFE OR SAFETY.—The ent or legal guardian of the individual. provider or plan determines that disclosure oned not more than 1 year, or both; of the information could reasonably be ex- (2) if the offense is committed under false pretenses, be fined not more than $100,000, Subtitle C—Enhanced Penalties for Health pected to endanger the life or physical safety Care Fraud of any individual. imprisoned not more than 5 years, or both; (3) CONFIDENTIAL SOURCE.—The information and SEC. 4201. ALL-PAYER FRAUD AND ABUSE CON- identifies or could reasonably lead to the (3) if the offense is committed with intent TROL PROGRAM. identification of a person (other than a to sell, transfer, or use protected health in- (a) ESTABLISHMENT OF PROGRAM.— health care provider) who provided informa- formation for commercial advantage, per- (1) IN GENERAL.—Not later than January 1, tion under a promise of confidentiality to a sonal gain, or malicious harm, fined not 1996, the Secretary of Health and Human health care provider concerning the individ- more than $250,000, imprisoned not more Services (in this subtitle referred to as the ual who is the subject of the information. than 10 years, or both. ‘‘Secretary’’), acting through the Office of (4) ADMINISTRATIVE PURPOSES.—The infor- PART 5—ADMINISTRATIVE PROVISIONS the Inspector General of the Department of mation is used by the provider or plan solely SEC. 4166. RELATIONSHIP TO OTHER LAWS. Health and Human Services, and the Attor- for administrative purposes and not in the (a) STATE LAW.—Except as provided in sub- ney General shall establish a program— provision of health care to the individual sections (b), (c), and (d), this subtitle pre- (A) to coordinate Federal, State, and local who is the subject of the information. empts State law. law enforcement programs to control fraud SEC. 4142. AMENDMENT OF PROTECTED HEALTH (b) LAWS RELATING TO PUBLIC OR MENTAL and abuse with respect to the delivery of and INFORMATION. HEALTH.—Nothing in this subtitle shall be payment for health care in the United A health care provider or health plan shall, construed to preempt or operate to the ex- States, within 45 days after receiving a written re- clusion of any State law relating to public (B) to conduct investigations, audits, eval- quest to correct or amend protected health health or mental health that prevents or reg- uations, and inspections relating to the de- information from the individual who is the ulates disclosure of protected health infor- livery of and payment for health care in the subject of the information— mation otherwise allowed under this sub- United States, (1) correct or amend such information; or title. (C) to facilitate the enforcement of the (2) provide the individual with a statement (c) PRIVILEGES.—Nothing in this subtitle is provisions of sections 1128, 1128A, and 1128B of the reasons for refusing to correct or intended to preempt or modify State com- of the Social Security Act (42 U.S.C. 1320a-7, amend such information and include a copy mon or statutory law to the extent such law 1320a-7a, and 1320a-7b) and other statutes ap- of such statement in the provider’s or plan’s concerns a privilege of a witness or person in plicable to health care fraud and abuse, and records. a court of the State. This subtitle does not (D) to provide for the modification and es- SEC. 4143. NOTICE OF INFORMATION PRACTICES. supersede or modify Federal common or tablishment of safe harbors and to issue in- A health care provider or health plan shall statutory law to the extent such law con- terpretative rulings and special fraud alerts. provide written notice of the provider’s or cerns a privilege of a witness or person in a (2) REGULATIONS.—The Secretary and the plan’s information practices, including no- court of the United States. Authorizations Attorney General shall by regulation estab- tice of individual rights with respect to pro- pursuant to section 4107 shall not be con- lish standards to carry out the program tected health information. strued as a waiver of any such privilege. under paragraph (1). PART 4—SANCTIONS (d) CERTAIN DUTIES UNDER STATE OR FED- (b) HEALTH CARE FRAUD AND ABUSE CON- Subpart A—Civil Sanctions ERAL LAW.—This subtitle shall not be con- TROL ACCOUNT.— SEC. 4151. CIVIL PENALTY. strued to preempt, supersede, or modify the (1) ESTABLISHMENT.— (a) VIOLATION.—Any health information operation of— (A) IN GENERAL.—There is hereby estab- trustee who the Secretary determines has (1) any law that provides for the reporting lished an account to be known as the substantially failed to comply with this sub- of vital statistics such as birth or death in- ‘‘Health Care Fraud and Abuse Control Ac- title shall be subject, in addition to any formation; count’’ (in this section referred to as the other penalties that may be prescribed by (2) any law requiring the reporting of abuse ‘‘Anti-Fraud Account’’). law, to a civil penalty of not more than or neglect information about any individual; (B) TRANSFER OF AMOUNTS.—The Secretary $10,000 for each such violation. (3) subpart II of part E of title XXVI of the of the Treasury shall transfer to the Anti- (b) PROCEDURES FOR IMPOSITION OF PEN- Public Health Service Act (42 U.S.C. 300ff-81 Fraud Account an amount equal to the sum ALTIES.—Section 1128A of the Social Security et seq.) (relating to notifications of emer- of the following: Act (42 U.S.C. 1320a-7a), other than sub- gency response employees of possible expo- (i) Criminal fines imposed in cases involv- sections (a) and (b) and the second sentence sure to infectious diseases); or ing a Federal health care offense (as defined of subsection (f) of that section, shall apply (4) any Federal law or regulation governing in subparagraph (C)). to the imposition of a civil monetary penalty confidentiality of alcohol and drug patient (ii) Administrative penalties and assess- under this section in the same manner as records. ments imposed under titles XI, XVIII, and such provisions apply with respect to the im- SEC. 4167. RIGHTS OF INCOMPETENTS. XIX of the Social Security Act (except as position of a penalty under such section Except as provided in section 4168, if an in- otherwise provided by law). 1128A. dividual has been declared to be incompetent (iii) Amounts resulting from the forfeiture SEC. 4152. CIVIL ACTION. by a court of competent jurisdiction, the of property by reason of a Federal health (a) IN GENERAL.—An individual who is ag- rights of the individual under this subtitle care offense. grieved by negligent conduct in violation of shall be exercised and discharged in the best (iv) Penalties and damages imposed under this subtitle may bring a civil action to re- interests of the individual through the indi- the False Claims Act (31 U.S.C. 3729 et seq.) cover— vidual’s representative. (except as otherwise provided by law), in (1) the greater of actual damages or liq- SEC. 4168. EXERCISE OF RIGHTS. cases involving claims related to the provi- uidated damages of $5,000; (a) INDIVIDUALS WHO ARE 18 OR LEGALLY sion of health care items and services (other (2) punitive damages; CAPABLE.—In the case of an individual— than funds awarded to a relator or for res- (3) a reasonable attorney’s fee and expenses (1) who is 18 years of age or older, all rights titution). of litigation; of the individual shall be exercised by the in- (C) For purposes of this paragraph, the (4) costs of litigation; and dividual; or term ‘‘Federal health care offense’’ means a (5) such preliminary and equitable relief as (2) who, acting alone, has the legal right, violation of, or a criminal conspiracy to vio- the court determines to be appropriate. as determined by State law, to apply for and late— S 120 CONGRESSIONAL RECORD — SENATE January 4, 1995

(i) section 1347 of title 18, United States ‘‘(i) HEALTH PLAN DEFINED.—For purposes (E) affect the right of any court to transfer Code; of sections 1128A and 1128B, the term ‘health venue or to apply the law of a foreign nation (ii) section 1128B of the Social Security Act plan’ has the meaning given such term in or to dismiss a claim of a foreign nation or (42 U.S.C. 1320a-7b); section 1031(a) of the Family Health Insur- of a citizen of a foreign nation on the ground (iii) sections 287, 371, 664, 666, 1001, 1027, ance Protection Act.’’. of inconvenient forum. 1341, 1343, or 1954 of title 18, United States (d) EFFECTIVE DATE.—The amendments (3) FEDERAL COURT JURISDICTION NOT ESTAB- Code, if the violation or conspiracy relates made by this section shall take effect on LISHED ON FEDERAL QUESTION GROUNDS.— to health care fraud; and January 1, 1996. Nothing in this subtitle shall be construed to (iv) section 501 or 511 of the Employee Re- SEC. 4203. ESTABLISHMENT OF THE HEALTH establish any jurisdiction in the district tirement Income Security Act of 1974 (29 CARE FRAUD AND ABUSE DATA COL- LECTION PROGRAM. courts of the United States over medical U.S.C. 1131 and 1141), if the violation or con- malpractice liability actions on the basis of (a) GENERAL PURPOSE.—Not later than Jan- spiracy relates to health care fraud. section 1331 or 1337 of title 28, United States (2) USE OF FUNDS.— uary 1, 1996, the Secretary shall establish a Code. (A) IN GENERAL.—Amounts in the Anti- national health care fraud and abuse data (b) DEFINITIONS.—For purposes of this sub- Fraud Account shall be available without ap- collection program for the reporting of final title: propriation and until expended as deter- adverse actions (not including settlements in (1) ALTERNATIVE DISPUTE RESOLUTION SYS- mined jointly by the Secretary and the At- which no findings of liability have been torney General of the United States in carry- made) against health care providers, suppli- TEM; ADR.—The term ‘‘alternative dispute ing out the health care fraud and abuse con- ers, or practitioners as required by regula- resolution system’’ or ‘‘ADR’’ means a sys- trol program established under subsection tions issued by the Secretary. tem that provides for the resolution of medi- (a) (including the administration of the pro- (b) CONFORMING AMENDMENT.—Section cal malpractice claims in a manner other gram), and may be used to cover costs in- 1921(d) of the Social Security Act (42 U.S.C. than through medical malpractice liability curred in operating the program, including 1396r-2(d)) is amended by inserting ‘‘and sec- actions. costs (including equipment, salaries and ben- tion 4203 of the Family Health Insurance (2) CLAIMANT.—The term ‘‘claimant’’ efits, and travel and training) of— Protection Act’’ after ‘‘section 422 of the means any person who alleges a medical (i) prosecuting health care matters Health Care Quality Improvement Act of malpractice claim, and any person on whose (through criminal, civil, and administrative 1986’’. behalf such a claim is alleged, including the proceedings); SEC. 4204. HEALTH CARE FRAUD. decedent in the case of an action brought (ii) investigations; (a) FINES AND IMPRISONMENT FOR HEALTH through or on behalf of an estate. (iii) financial and performance audits of CARE FRAUD VIOLATIONS.—Chapter 63 of title (3) HEALTH CARE PROFESSIONAL.—The term health care programs and operations; 18, United States Code, is amended by adding ‘‘health care professional’’ means any indi- (iv) inspections and other evaluations; and at the end the following new section: vidual who provides health care services in a (v) provider and consumer education re- ‘‘§ 1347. Health care fraud State and who is required by the laws or reg- garding compliance with the provisions of ‘‘(a) Whoever knowingly executes, or at- ulations of the State to be licensed or cer- this subtitle. tempts to execute, a scheme or artifice— tified by the State to provide such services (4) USE OF FUNDS BY INSPECTOR GENERAL.— ‘‘(1) to defraud any health plan or other in the State. The Inspector General is authorized to re- person, in connection with the delivery of or (4) HEALTH CARE PROVIDER.—The term ceive and retain for current use reimburse- payment for health care benefits, items, or ‘‘health care provider’’ means any organiza- ment for the costs of conducting investiga- services; or tion or institution that is engaged in the de- tions, when such restitution is ordered by a ‘‘(2) to obtain, by means of false or fraudu- livery of health care services in a State and court, voluntarily agreed to by the payer, or lent pretenses, representations, or promises, that is required by the laws or regulations of any of the money or property owned by, or otherwise. the State to be licensed or certified by the under the custody or control of, any health SEC. 4202. APPLICATION OF FEDERAL HEALTH State to engage in the delivery of such serv- plan, or person in connection with the deliv- ANTI-FRAUD AND ABUSE SANCTIONS ices in the State. TO ALL FRAUD AND ABUSE AGAINST ery of or payment for health care benefits, (5) HEALTH PLAN.—The term ‘‘health plan’’ ANY HEALTH PLAN. items, or services; has the meaning given such term in section (a) APPLICATION OF CIVIL MONETARY PEN- shall be fined under this title or imprisoned 1031(a). ALTIES.—Section 1128A of the Social Security not more than 10 years, or both. If the viola- (6) INJURY.—The term ‘‘injury’’ means any Act (42 U.S.C. 1320a–7a) is amended as fol- tion results in serious bodily injury (as de- lows: fined in section 1365(g)(3) of this title), such illness, disease, or other harm that is the (1) In subsection (a)(1), by inserting ‘‘or of person shall be imprisoned for any term of subject of a medical malpractice liability ac- any health plan (as defined in section years. tion or a medical malpractice claim. 1128(i)),’’ after ‘‘subsection (i)(1)),’’. ‘‘(b) For purposes of this section, the term (7) MEDICAL MALPRACTICE LIABILITY AC- (2) In subsection (b)(1)(A), by inserting ‘‘or ‘health plan’ has the meaning given such TION.—The term ‘‘medical malpractice liabil- under a health plan’’ after ‘‘title XIX’’. term in section 1128(i) of the Social Security ity action’’ means a cause of action brought (3) In subsection (i)— Act (42 U.S.C. 1320a-7(i)).’’. in a State or Federal court against a health (A) in paragraph (2), by inserting ‘‘or under (b) CLERICAL AMENDMENT.—The table of care provider or health care professional by a health plan’’ before the period at the end, sections at the beginning of chapter 63 of which the plaintiff brings a medical mal- and title 18, United States Code, is amended by practice claim. (B) in paragraph (5), by inserting ‘‘or under adding at the end the following: (8) MEDICAL MALPRACTICE CLAIM.—The term a health plan’’ after ‘‘or XX’’. ‘‘1347. Health care fraud.’’. ‘‘medical malpractice claim’’ means a claim (b) PERMITTING SECRETARY TO IMPOSE CIVIL Subtitle D—Health Care Malpractice Reform brought against a health care provider or MONETARY PENALTY.—Section 1128A(b) of the SEC. 4301. FEDERAL TORT REFORM. health care professional in which a claimant Social Security Act (42 U.S.C. 1320a–7a(a)) is (a) APPLICABILITY.— alleges that injury was caused by the provi- amended by adding the following new para- (1) IN GENERAL.—Except as provided in sec- sion of (or the failure to provide) health care graph: tion 4302, this subtitle shall apply with re- services, except that such term does not in- ‘‘(3) Any person (including any organiza- spect to any medical malpractice liability clude— tion, agency, or other entity, but excluding a action brought in any State or Federal (A) any claim based on an allegation of an beneficiary as defined in subsection (i)(5)) court, except that this subtitle shall not intentional tort; who the Secretary determines has violated apply to a claim or action for damages aris- (B) any claim based on an allegation that section 1128B(b) of this title shall be subject ing from a vaccine-related injury or death to a product is defective that is brought against to a civil monetary penalty of not more than the extent that title XXI of the Public any individual or entity that is not a health $10,000 for each such violation. In addition, Health Service Act (42 U.S.C. 300aa-1 et seq.) care professional or health care provider; or such person shall be subject to an assess- applies to the claim or action. (C) any claim brought pursuant to a health ment of not more than twice the total (2) EFFECT ON SOVEREIGN IMMUNITY AND plan benefit determination review procedure. amount of the remuneration offered, paid, CHOICE OF LAW OR VENUE.—Nothing in this (9) SECRETARY.—The term ‘‘Secretary’’ solicited, or received in violation of section subtitle shall be construed to— means the Secretary of Health and Human 1128B(b). The total amount of remuneration (A) waive or affect any defense of sovereign Services. subject to an assessment shall be calculated immunity asserted by any State under any without regard to whether some portion provision of law; SEC. 4302. STATE-BASED ALTERNATIVE DISPUTE thereof also may have been intended to serve (B) waive or affect any defense of sovereign RESOLUTION MECHANISMS. a purpose other than one proscribed by sec- immunity asserted by the United States; (a) APPLICATION TO MALPRACTICE CLAIMS tion 1128B(b).’’. (C) affect the applicability of any provision UNDER PLANS.—Prior to or immediately fol- (c) HEALTH PLAN DEFINED.—Section 1128 of of the Foreign Sovereign Immunities Act of lowing the commencement of any medical the Social Security Act (42 U.S.C. 1320a–7) is 1976; malpractice action, the parties shall partici- amended by redesignating subsection (i) as (D) preempt State choice-of-law rules with pate in the alternative dispute resolution subsection (j) and by inserting after sub- respect to claims brought by a foreign nation system administered by the State under sub- section (h) the following new subsection: or a citizen of a foreign nation; or section (b). Such participation shall be in January 4, 1995 CONGRESSIONAL RECORD — SENATE S 121 lieu of any other provision of Federal or SEC. 4303. LIMITATION ON AMOUNT OF ATTOR- to carry out activities to ensure the safety State law or any contractual agreement NEY’S CONTINGENCY FEES. and quality of health care services provided made by or on behalf of the parties prior to (a) IN GENERAL.—An attorney who rep- in the State, including— the commencement of the medical mal- resents, on a contingency fee basis, a plain- (1) licensing or certifying health care pro- practice action. tiff in a medical malpractice liability action fessionals and health care providers in the (b) ADOPTION OF MECHANISM BY STATE.— may not charge, demand, receive, or collect State; Each State shall— for services rendered in connection with such (2) implementing health care quality as- (1) maintain or adopt at least 1 of the al- action (including the resolution of the claim surance and quality improvement programs; ternative dispute resolution methods satisfy- that is the subject of the action under any (3) carrying out programs to reduce mal- ing the requirements specified under sub- alternative dispute resolution system) in ex- practice-related costs for providers vol- section (c) and (d) for the resolution of medi- cess of— unteering to provide services in medically 1 cal malpractice claims; and (1) 33 ⁄3 percent of the first $150,000 of the underserved areas; and (2) clearly disclose to enrollees (and poten- total amount recovered by judgment or set- (4) providing resources for additional in- tlement in such action; plus tial enrollees) of health plans the availabil- vestigation and disciplinary activities by the (2) 25 percent of any amount recovered ity and procedures for consumer grievances, State licensing board. above the amount described in paragraph (1); including a description of the alternative (c) MAINTENANCE OF EFFORT.—A State shall unless otherwise determined under State dispute resolution method or methods adopt- use any amounts paid pursuant to subsection law. Such amount shall be computed after ed under this subsection. (a) to supplement and not to replace deductions are made for all the expenses as- (c) SPECIFICATION OF PERMISSIBLE ALTER- amounts spent by the State for the activities sociated with the claim other than those at- described in subsection (b). NATIVE DISPUTE RESOLUTION METHODS.— tributable to the normal operating expenses (1) IN GENERAL.—The Secretary shall, by of the attorney. TITLE V—BUDGET NEUTRALITY regulation, develop alternative dispute reso- (b) CALCULATION OF PERIODIC PAYMENTS.— SEC. 5001. ASSURANCE OF BUDGET NEUTRALITY. lution methods for the use by States in re- In the event that a judgment or settlement Notwithstanding any other provision of solving medical malpractice claims under includes periodic or future payments of dam- this Act, no provision of, or amendment subsection (a). Such methods shall include at ages, the amount recovered for purposes of made by, this Act shall take effect until leg- least the following: computing the limitation on the contingency islation is enacted which by its terms spe- (A) ARBITRATION.—The use of arbitration, a fee under subsection (a) may, in the discre- cifically provides for the Federal budget neu- nonjury adversarial dispute resolution proc- tion of the court, be based on the cost of the trality of this Act. ess which may, subject to subsection (d), re- annuity or trust established to make the sult in a final decision as to facts, law, liabil- payments. In any case in which an annuity Mr. ROCKEFELLER. Mr. President, I ity, or damages. or trust is not established to make such pay- am pleased to join the new Senate mi- (B) CLAIMANT-REQUESTED BINDING ARBITRA- ments, such amount shall be based on the nority leader, TOM DASCHLE, along TION.—For claims involving a sum of money present value of the payments. with Senator KENNEDY, REID, MIKUL- that falls below a threshold amount set by (c) CONTINGENCY FEE DEFINED.—For pur- SKI, and DODD in sponsoring a health the Secretary, the use of arbitration not sub- poses of this section, the term ‘‘contingency care bill that would begin to give mil- ject to subsection (d). Such binding arbitra- fee’’ means any fee for professional legal lions of Americans improved health se- tion shall be at the sole discretion of the services which is, in whole or in part, contin- claimant. gent upon the recovery of any amount of curity. (C) MEDIATION.—The use of mediation, a damages, whether through judgment or set- While it should not come as a sur- settlement process coordinated by a neutral tlement. prise to any of my colleagues that my third party without the ultimate rendering SEC. 4304. PERIODIC PAYMENT OF AWARDS. preference would be to give all Ameri- of a formal opinion as to factual or legal (a) IN GENERAL.—A party to a medical mal- cans guaranteed health care security, findings. practice liability action may petition the this bill includes important steps that (D) EARLY NEUTRAL EVALUATION.—The use court to instruct the trier of fact to award will provide health security to some of early neutral evaluation, in which the par- any future damages on an appropriate peri- Americans through insurance reforms ties make a presentation to a neutral attor- odic basis. If the court, in its discretion, so and, importantly, prioritizes health ney or other neutral evaluator for an assess- instructs the trier of fact, and damages are coverage for children and temporary ment of the merits, to encourage settlement. awarded on a periodic basis, the court may If the parties do not settle as a result of as- require the defendant to purchase an annuity assistance for workers in between jobs. sessment and proceed to trial, the neutral or other security instrument (typically S. 7 includes the essential building evaluator’s opinion shall be kept confiden- based on future damages discounted to blocks for building a secure health care tial. present value) adequate to assure payments system. (2) STANDARDS FOR ESTABLISHING METH- of future damages. Moving ahead on health care reform ODS.—In developing alternative dispute reso- (b) FAILURE OR INABILITY TO PAY.—With re- was identified by Senate Republicans lution methods under paragraph (1), the Sec- spect to an award of damages described in as one of their top seven legislative retary shall assure that the methods pro- subsection (a), if a defendant fails to make priorities for the 104th Congress prior mote the resolution of medical malpractice payments in a timely fashion, or if the de- claims in a manner that is affordable, time- fendant becomes or is at risk of becoming in- to last November’s election. Each and ly, consistent and fair, and reasonably con- solvent, upon such a showing the claimant every major provision in S. 7 was in- venient. may petition the court for an order requiring cluded in every serious health care re- (3) WAIVER AUTHORITY.—Upon application that remaining balance be discounted to form proposal introduced by both of a State, the Secretary may grant the present value and paid to the claimant in a Democrats and Republicans over the State the authority to fulfill the require- lump-sum. past 2 years. I believe this bill reflects ment of subsection (b) by adopting a mecha- (c) MODIFICATION OF PAYMENT SCHEDULE.— the consensus that emerged last year nism other than a mechanism established by The court shall retain authority to modify on where and how to get started on re- the Secretary pursuant to this subsection, the payment schedule based on changed cir- except that such mechanism must meet the cumstances. forming our health care system. standards set forth in paragraph (2). (d) FUTURE DAMAGES DEFINED.—For pur- This past November voters did not (d) FURTHER REDRESS.—Except with re- poses of this section, the term ‘‘future dam- tell Congress to put health care reform spect to the claimant-requested binding arbi- ages’’ means any economic or noneconomic on the back burner. An election night tration method set forth in subsection loss other than that incurred or accrued as of survey found that health reform was (c)(1)(B), and notwithstanding any other pro- the time of judgment. identified by voters as a top priority vision of a law or contractual agreement, a SEC. 4305. ALLOCATION OF PUNITIVE DAMAGE issue for this Congress. According to plan enrollee dissatisfied with the deter- AWARDS FOR PROVIDER LICENSING mination reached as a result of an alter- AND DISCIPLINARY ACTIVITIES. the Kaiser/Harvard survey, ‘‘health native dispute resolution method applied (a) IN GENERAL.—With respect to the total care was number one for voters in de- under this section may, after the final reso- amount of any punitive damages awarded in ciding who to vote for in the Congres- lution of the enrollee’s claim under the a medical malpractice liability action, 50 sional election, ahead of crime, and method, initiate or resume a cause of action percent of such amount shall be paid to the taxes.’’ Fifty-six percent of voters said to seek damages or other redress with re- State in which the action is brought (or, in that Congress should take the lead in spect to the claim to the extent otherwise a case brought in Federal court, in the State developing a health care reform plan. permitted under State law. The results of in which the health care services that caused Only 20 percent of Americans said Con- any alternative dispute resolution procedure the injury that is the subject of the action are inadmissible at any subsequent trial, as were provided) for the purposes of carrying gress should not try to see that more are all statements, offers, and other commu- out the activities described in subsection (b). people have health insurance. Seventy- nications made during such procedures, un- (b) ACTIVITIES DESCRIBED.—A State shall four percent said that Congress should less otherwise admissible under State law. use amounts paid pursuant to subsection (a) either guarantee coverage for all S 122 CONGRESSIONAL RECORD — SENATE January 4, 1995 Americans or at least make a start by have even adopted some version of has diminished significantly over the covering some groups who do not have community rating or modified commu- past decade and a half. Two thirds of health insurance. A majority of voters nity rating laws. While there has been children without insurance have at favored beginning with children first. some serious concerns raised about least one parent who works full-time Mr. President, special interests and some erosion of insurance coverage while another 13 percent have a parent election year politics managed to that occurred when the state of New who works part-time. Having a job is greatly distort last year’s debate on York implemented community rating, just not an assurance of reliable health health care reform. As a result, many it is very important to note that New insurance coverage. Americans are nervous about ex- York implemented its community rat- The overall percentage of children tremely ambitious reforms. But voters ing law without any sort of phase-in with job-based insurance has dropped remain overwhelming in favor of mov- period. from 64 percent in 1987 to 59 percent in ing ahead on health care. Only 25 per- Mr. President, I would like to empha- 1992—a decrease of 5 percent in just 6 cent of voters said Congress should size to my colleagues that while cov- years. Had coverage stayed at 1987 leave our health care system alone. erage in the small group market in rates—more than 3 million children If my colleagues on both sides of the New York was estimated to have de- would have job-based coverage today. If aisle are truly interested in making a clined by 1.2 percent when community current trends continue, only about difference in the lives of middle-class rating was implemented, the exact half of our children will be covered by Americans, if they are really interested same percentage of people—1.2 per- employer-sponsored coverage by 2000. If in restoring peace of mind of millions cent—lost their health coverage the not for legislation enacted in the 1980’s of hard-working Americans, health re- year prior to implementation of New that expanded Medicaid coverage for form is the way to do that. York’s rating reforms. Other states, poor children the number of uninsured Millions of middle-class working such as Maine, New Jersey, and Ver- children would be much, much higher families would benefit from the insur- mont are experiencing net increases in today. ance portability provisions in this bill coverage and other positive benefits Mr. President, just 15 years ago, 40 that would allow them to change from private insurance reform, such as percent of employers paid for depend- health insurance plans when they a greater choice of products for small change jobs without having to qualify businesses to choose from. ent coverage in full. Five years ago, for a new pre-existing condition exclu- Last year, a study commissioned by only about one-third of employers did. sion. For people with lapses in their in- the Catholic Health Association, esti- A decline in employer contributions surance coverage, they would only to mated that about 1.1 million people means that many hardworking families be a subject to a one-time 6 month pre- could gain coverage through insurance just end up doing without because they existing condition exclusion period as reforms. This mostly includes people can’t afford the extra dollars them- long as they had continuous health who currently are locked out of the in- selves. This bill will help those families coverage. For workers in between jobs, surance market because of their medi- get health coverage for their children. unable to afford health coverage, tem- cal history. Not having health insurance reduces porary health coverage would be avail- The reforms outlined in S. 7 would the number of times a child goes to the able up to a maximum of 6 months. also provide predictability and stabil- doctor. And not surprisingly, the fre- This would give millions of working ity to health premiums by limiting quency of doctor visits is directly cor- families some piece of mind that they premium variability based on age, sex, related with a family’s income. It is will not be forced to delay getting nec- health status, claims experience, occu- the low-wage working family making essary medical care or being finan- pation, and zip code. Cancer, a heart between $10,000 and $20,000 a year, bare- cially wiped out by even a minor injury condition, or diabetes will no longer ly able to make ends meet, whose chil- or illness as they search for a new job. price working American families out of dren go to see a doctor least often. This bill would ban insurance compa- the insurance market. These are families who are not poor nies from canceling policies or hiking Mr. President, I am especially enough to qualify for Medicaid but premiums when someone gets sick or pleased that this legislation empha- can’t afford private health insurance. injured and incurs large medical bills. sizes and prioritizes children. Looking Even routine pediatric care can Under current insurance practices, out for America’s children is nothing consume 10 percent of a low wage young and healthy people often get new. This imperative has been recog- working family’s annual income. deep premium discounts. Discounts nized time and time again. A biparti- Last year, the Finance Committee, that quickly disappear over time or san majority of Pepper Commission on a bipartisan vote of 12–8, approved when they or a family member gets members said 5 years ago that the first an amendment that would have accel- sick. There are also large differences in step to comprehensive reform should be erated and expanded coverage for chil- premium rates based on a person’s age, to cover children and pregnant women. dren. Frankly, reforming our welfare sex, occupation, even based on a per- I also had the profound privilege of system won’t work unless we can make son’s zip code. This bill would begin to chairing the National Commission on sure families won’t be forced to quit set limits on how much premiums can Children that made a similar rec- their jobs in order to qualify for health differ based on these factors. ommendation. I introduced a bill with benefits through the Medicaid pro- To minimize large swings in pre- Senator HATCH, 4 years ago, to suggest gram. miums during implementation of in- this very idea. I am pleased that my colleague from surance rating reforms, this bill care- It is incredibly important that chil- rural South Dakota also included im- fully and slowly phases-in its reforms. dren get early and regular health care. portant rural health provisions in this The prohibition on medical underwrit- There is nothing more heartbreaking legislation. Most of the provisions in- ing—which means charging people dif- and more wrong about our country’s cluded in the rural health section are ferent premiums solely based on their health care system than putting par- identical to measures included in a health status—is phased-in over 3 ents in the position of trying to figure rural health amendment I authored years. At the same time, age bands are out whether or not they can afford to along with Senator DASCHLE last Au- phased-in that would significantly nar- take a sick child to see a doctor. gust. Our rural health amendment was row what insurance companies could Mr. President, of the 204,000 West nearly unanimously agreed to when of- charge people solely based on their age. Virginians that do not have health in- fered to pending health care reform All but a few states have already surance one third are children. About legislation on the Senate floor. Again, moved ahead on small group insurance 64,000 West Virginia children—about 94 reflecting an overwhelming consensus reforms but national uniformity is im- percent of the uninsured children in in this area. portant so that insurance is portable my home state—would qualify for I am also extremely pleased that this for consumers across state lines and health insurance under this legislation. legislation will provide long awaited also to ease compliance by insurance Mr. President, I would also like to tax equity for self-employed individ- companies that do business in more take a second to remind my colleagues uals. Prior to January 1, 1994, the self- than one State. Forty percent of States that job-based coverage for children employed were allowed to deduct 25 January 4, 1995 CONGRESSIONAL RECORD — SENATE S 123 percent of the costs of insuring them- Sec. 1. Short title; references in Act; table ‘‘(III) the State agency determines that the selves and their families. Since expira- of contents. physical or emotional health of such individ- tion of this law last year, the self-em- TITLE I—ENDING THE CYCLE OF ual or any dependent child of the individual ployed are prohibited from deducting INTERGENERATIONAL DEPENDENCY would be jeopardized if such individual and such dependent child lived in the same resi- Sec. 101. Supervised living arrangements for any of their insurance premiums. This dence with such individual’s own parent or minors. bill would allow the self-employed to legal guardian; or deduct 100 percent of their health in- Sec. 102. Reinforcing families. Sec. 103. Required completion of high school ‘‘(IV) the State agency otherwise deter- surance costs. Currently, incorporated or other training for teenage mines (in accordance with regulations issued businesses can deduct the entire cost of parents. by the Secretary) that it is in the best inter- their health insurance policies. This Sec. 104. Drug treatment and counseling as est of the dependent child to waive the re- was also a priority identified 5 years part of the JOBS program. quirement of subparagraph (A) with respect to such individual.’’. ago by the Pepper Commission and a TITLE II—PARENTAL RESPONSIBILITY (c) EFFECTIVE DATES.— measure that has always enjoyed broad Sec. 201. Performance-based incentives. (1) IN GENERAL.—Except as provided in bipartisan support. Sec. 202. State law authorizing suspension of paragraph (2), the amendments made by sub- Mr. President, this legislation in- licenses. sections (a) and (b) shall be effective with re- cludes other important measures that Sec. 203. State laws concerning paternity es- spect to calendar quarters beginning on or have enjoyed popular and broad, bipar- tablishment. after October 1, 1995. tisan support, such as administrative Sec. 204. State laws providing expedited pro- (2) SPECIAL RULE.—In the case of a State cedures. that the Secretary of Health and Human simplification, patient confidentiality, Sec. 205. Outreach for voluntary paternity malpractice reforms, and demonstra- Services determines requires State legisla- establishment. tion (other than legislation appropriating tion funding for the development of TITLE III—COMBATING TEENAGE funds) in order to meet the additional re- purchasing groups and telemedicine PREGNANCY quirements imposed by the amendments grants. I also share the commitment Sec. 301. Targeting youth at risk of teenage made by this Act, the State shall not be re- earlier stated by Minority Leader pregnancy. garded as failing to comply with the require- DASCHLE that this legislation if en- Sec. 302. National Clearinghouse on Teenage ments of such amendments before the first acted would not contribute to the Fed- Pregnancy. day of the first calendar quarter beginning eral deficit. As a member of the Fi- TITLE IV—FINANCING after the close of the first regular session of nance Committee, I am committed to the State legislature that begins after the Sec. 401. Uniform alien eligibility criteria date of enactment of this Act. For purposes working on building a consensus for fi- for public assistance programs. of this paragraph, in the case of a State that nancing the coverage expansions for Sec. 402. State retention of amounts recov- has a 2-year legislative session, each year of children, the temporarily unemployed, ered. the session shall be treated as a separate reg- and tax equity for the self-employed TITLE I—ENDING THE CYCLE OF ular session of the State legislature. INTERGENERATIONAL DEPENDENCY outlined in this legislation. SEC. 102. REINFORCING FAMILIES. SEC. 101. SUPERVISED LIVING ARRANGEMENTS I sincerely hope that the 104th Con- (a) IN GENERAL.—Title XX (42 U.S.C. 1397– FOR MINORS. gress will truly be historic and be re- 1397e) is amended by adding at the end the (a) STATE PLAN REQUIREMENT.—Section membered for enacting serious and following new section: 402(a)(43) (42 U.S.C. 602(a)(43)) is amended— long overdue health reforms. (1) in the matter preceding subparagraph ‘‘SEC. 2008. ADULT-SUPERVISED GROUP HOMES. (A), by striking ‘‘at the option of the ‘‘(a) ENTITLEMENT.— By Mr. DASCHLE (for himself, State,’’; ‘‘(1) IN GENERAL.—In addition to any pay- Mr. BREAUX, Ms. MIKULSKI, Mr. (2) in the matter preceding clause (i) of ment under sections 2002 and 2007, beginning ROCKEFELLER, Mr. REID, Mr. subparagraph (A), by striking ‘‘subject to with fiscal year 1996, each State shall be en- KERRY, Mrs. MURRAY, Mr. DOR- subparagraph (B)’’ and inserting ‘‘except as titled to funds under this section for each GAN, Ms. MOSELEY-BRAUN, and provided in subparagraph (B)(i)’’; and fiscal year for the establishment, operation, (3) in subparagraph (A)(i), by striking ‘‘, or and support of adult-supervised group homes Mr. ROBB): reside in a foster home, maternity home, or for custodial parents under the age of 19 and S. 8. A bill to amend title IV of the other adult-supervised supportive living ar- their children. Social Security Act to reduce teenage rangement’’. ‘‘(2) PAYMENT TO STATES.— pregnancy, to encourage parental re- (b) APPROPRIATE ADULT-SUPERVISED SUP- ‘‘(A) IN GENERAL.—Each State shall be en- sponsibility, and for other purposes; to PORTIVE LIVING ARRANGEMENTS.—Section titled to payment under this section for each the Committee on Finance. 402(a)(43)(B) (42 U.S.C. 602(a)(43)(B)) is fiscal year in an amount equal to its allot- amended to read as follows: ment (determined in accordance with sub- f ‘‘(B)(i) in the case of an individual de- section (b)) for such fiscal year, to be used by scribed in clause (ii)— such State for the purposes set forth in para- TEEN PREGNANCY PREVENTION ‘‘(I) the State agency shall assist such indi- graph (1). AND PARENTAL RESPONSIBILITY vidual in locating an appropriate adult-su- ‘‘(B) TRANSFERS OF FUNDS.—The Secretary ACT pervised supportive living arrangement tak- shall make payments in accordance with sec- Mr. DASCHLE. Mr. President, I ask ing into consideration the needs and con- tion 6503 of title 31, United States Code, to unanimous consent that the text of the cerns of the individual, unless the State each State from its allotment for use under agency determines that the individual’s cur- this title. bill be printed in the RECORD. rent living arrangement is appropriate, and ‘‘(C) USE.—Payments to a State from its There being no objection, the bill was thereafter shall require that the individual allotment for any fiscal year must be ex- ordered to be printed in the Record, as (and child, if any) reside in such living ar- pended by the State in such fiscal year or in follows: rangement as a condition of the continued the succeeding fiscal year. receipt of aid under the plan (or in an alter- ‘‘(D) TECHNICAL ASSISTANCE.—A State may S. 8 native appropriate arrangement, should cir- use a portion of the amounts described in Be it enacted by the Senate and House of Rep- cumstances change and the current arrange- subparagraph (A) for the purpose of purchas- resentatives of the United States of America in ment cease to be appropriate), or ing technical assistance from public or pri- Congress assembled, ‘‘(II) if the State agency is unable, after vate entities if the State determines that SECTION 1. SHORT TITLE; REFERENCES IN ACT; making diligent efforts, to locate any such such assistance is required in developing, im- TABLE OF CONTENTS. appropriate living arrangement, it shall pro- plementing, or administering the program (a) SHORT TITLE.—This Act may be cited as vide for comprehensive case management, funded under this section. the ‘‘Teen Pregnancy Prevention and Paren- monitoring, and other social services con- ‘‘(3) ADULT-SUPERVISED GROUP HOME.—For tal Responsibility Act’’. sistent with the best interests of the individ- purposes of this section, the term ‘adult-su- (b) AMENDMENTS TO THE SOCIAL SECURITY ual (and child) while living independently; pervised group home’ means an entity that ACT.—Except as otherwise specifically pro- and provides custodial parents under the age of vided, whenever in this Act an amendment is ‘‘(ii) for purposes of clause (i), an individ- 19 and their children with a supportive and expressed in terms of an amendment to or re- ual is described in this clause if— supervised living arrangement in which such peal of a section or other provision, the ref- ‘‘(I) such individual has no parent or legal parents would be required to learn parenting erence shall be considered to be made to that guardian of his or her own who is living and skills, including child development, family section or other provision of the Social Secu- whose whereabouts are known; budgeting, health and nutrition, and other rity Act. ‘‘(II) no living parent or legal guardian of skills to promote their long-term economic (c) TABLE OF CONTENTS.—The table of con- such individual allows the individual to live independence and the well-being of their tents of this Act is as follows: in the home of such parent or guardian; children. An adult-supervised group home S 124 CONGRESSIONAL RECORD — SENATE January 4, 1995 may also serve as a network center for other subsection. Each Indian tribe with an appli- toward the attainment of a high school di- supportive services that might be available cation approved under this subsection shall ploma or its equivalent on a full-time (as de- in the community. be entitled to such minimum allotment. fined by the educational provider) basis; or ‘‘(b) ALLOTMENT.— ‘‘(3) AMOUNT SPECIFIED.—The amount speci- ‘‘(bb) require a parent described in ‘‘(1) CERTAIN JURISDICTIONS.—The allot- fied under this paragraph for all Indian subclause (I) to participate in training or ment for any fiscal year to each of the juris- tribes with applications approved under this work activities in lieu of the educational ac- dictions of Puerto Rico, Guam, the Virgin Is- subsection is $5,000,000 for fiscal year 1996 tivities under such subclause if such parent lands, American Samoa, and the Northern and each subsequent fiscal year. fails to make good progress in successfully Mariana Islands shall be an amount which ‘‘(4) INDIAN TRIBE DEFINED.—For purposes completing such educational activities or if bears the same ratio to the amount specified of this section, the term ‘Indian tribe’ means it is determined (prior to any assignment of under paragraph (3) as the allotment that any Indian tribe, band, nation, pueblo, or the individual to such educational activities) the jurisdiction receives under section other organized group or community, includ- pursuant to an educational assessment that 2003(a) for the fiscal year bears to the total ing any Alaska Native entity which is recog- participation in such educational activities amount specified for such fiscal year under nized as eligible for the special programs and is inappropriate for such parent;’’. section 2003(c). services provided by the United States to In- (b) STATE OPTION TO PROVIDE ADDITIONAL ‘‘(2) OTHER STATES.—The allotment for any dian tribes because of their status as Indi- INCENTIVES AND PENALTIES TO ENCOURAGE fiscal year for each State other than the ju- ans.’’. TEEN PARENTS TO COMPLETE HIGH SCHOOL risdictions of Puerto Rico, Guam, the Virgin (b) RECEIPT OF PAYMENTS BY ADULT-SUPER- AND PARTICIPATE IN PARENTING ACTIVITIES.— Islands, American Samoa, and the Northern VISED GROUP HOMES.— (1) STATE PLAN.—Section 402(a)(19)(E) (42 Mariana Islands shall be an amount which (1) IN GENERAL.—Section 402(a)(43)(A)(ii) (42 U.S.C. 602(a)(19)(E)), as amended by sub- bears the same ratio to— U.S.C. 602(a)(43)(A)(ii)) is amended by strik- section (a), is further amended— ‘‘(A) the amount specified under paragraph ing ‘‘or other adult relative’’ and inserting (A) by striking ‘‘and’’ at the end of clause (3), reduced by ‘‘other adult relative, or adult-supervised (i); ‘‘(B) the total amount allotted to those ju- group home receiving funds under section (B) by inserting ‘‘and’’ after the semicolon risdictions for that fiscal year under para- 2008’’. at the end of clause (ii); and graph (1), (2) EFFECTIVE DATE.—The amendment (C) by adding after clause (ii) the following as the allotment that the State receives made by paragraph (1) shall apply with re- new clause: under section 2003(b) for the fiscal year bears spect to calendar quarters beginning on or ‘‘(iii) at the option of the State, some or to the total amount specified for such fiscal after October 1, 1995. all custodial parents and pregnant women year under section 2003(c). (c) RECOMMENDATIONS ON USAGE OF GOV- who have not attained 19 years of age (or at ‘‘(3) AMOUNT SPECIFIED.—The amount speci- ERNMENT SURPLUS PROPERTY.—Not later the State’s option, 21 years of age) and who fied for purposes of paragraphs (1) and (2) than 6 months after the date of the enact- are receiving aid under this part shall be re- shall be $95,000,000 for fiscal year 1996 and ment of this Act, after consultation with the quired to participate in a program of mone- each subsequent fiscal year. Secretary of Defense, the Secretary of Hous- tary incentives and penalties, consistent ‘‘(c) LOCAL INVOLVEMENT.—Each State ing and Urban Development, and the Admin- with subsection (j);’’. shall seek local involvement from the com- istrator of the General Services Administra- (2) ELEMENTS OF PROGRAM.—Section 402 (42 munity in any area in which an adult-super- tion, the Secretary of Health and Human U.S.C. 602) is amended by adding at the end vised group home receiving funds pursuant Services shall submit recommendations to the following new subsection: to this section is to be established. In deter- the Congress on the extent to which surplus ‘‘(j)(1) If a State opts to conduct a program mining criteria for targeting funds received properties of the United States Government of monetary incentives and penalties to en- under this section, each State shall evaluate may be used for the establishment of adult- courage custodial parents and pregnant the community’s commitment to the estab- supervised group homes receiving funds women who have not attained 19 years of age lishment and planning of the home. under section 2008 of the Social Security Act. (or at the State’s option, 21 years of age) to ‘‘(d) LIMITATIONS ON THE USE OF FUNDS.— SEC. 103. REQUIRED COMPLETION OF HIGH complete their high school (or equivalent) ‘‘(1) CONSTRUCTION.—Except as provided in SCHOOL OR OTHER TRAINING FOR education and participate in parenting ac- paragraph (2), funds made available under TEENAGE PARENTS. tivities, the State shall amend its State this section may not be used by the State, or (a) IN GENERAL.—Section 402(a)(19)(E) (42 plan— any other person with which the State U.S.C. 602(a)(19)(E)) is amended to read as ‘‘(A) to specify the one or more political makes arrangements to carry out the pur- follows: subdivisions (or other clearly defined geo- poses of this section, for the purchase or im- ‘‘(E)(i) in the case of a custodial parent graphic area or areas) in which the State provement of land, or the purchase, con- who has not attained 19 years of age, has not will conduct the program, and struction, or permanent improvement (other successfully completed a high-school edu- ‘‘(B) to describe its program in detail. than minor remodeling) of any building or cation (or its equivalent), and is required to ‘‘(2) A program under this subsection— other facility. participate in the program (including an in- ‘‘(A) may, at the option of the State, re- ‘‘(2) WAIVER.—The Secretary may waive dividual who would otherwise be exempt quire full-time participation by such custo- the limitation contained in paragraph (1) from participation in the program solely by dial parents and pregnant women in second- upon the State’s request for such a waiver if reason of clauses (iii), (v), or (vii) of subpara- ary school or equivalent educational activi- the Secretary finds that the request de- graph (C)), the State agency shall— ties, or participation in a course or program scribes extraordinary circumstances to jus- ‘‘(I) require such parent to participate in— leading to a skills certificate found appro- tify the waiver and that permitting the ‘‘(aa) educational activities directed to- priate by the State agency or parenting edu- waiver will contribute to the State’s ability ward the attainment of a high school di- cation activities (or any combination of such to carry out the purposes of this section. ploma or its equivalent on a full-time (as de- activities and secondary education); ‘‘(e) TREATMENT OF INDIAN TRIBES.— fined by the educational provider) basis; or ‘‘(B) shall require that the needs of such ‘‘(1) IN GENERAL.—An Indian tribe may ‘‘(bb) an alternative educational or train- custodial parents and pregnant women shall apply to the Secretary to establish, operate, ing program (that has been approved by the be reviewed and the program will assure and support adult-supervised group homes Secretary) on a full-time (as defined by the that, either in the initial development or re- for custodial parents under the age of 19 and provider) basis; and vision of such individual’s employability their children in accordance with an applica- ‘‘(II) provide child care in accordance with plan, there will be included a description of tion procedure to be determined by the Sec- section 402(g) with respect to the family; the services that will be provided to the indi- retary. Except as otherwise provided in this ‘‘(ii)(I) to the extent that the program is vidual and the way in which the program and subsection, the provisions of this section available in the political subdivision in- service providers will coordinate with the shall apply to Indian tribes receiving funds volved and State resources otherwise permit, educational or skills training activities in under this subsection in the same manner in the case of a custodial parent who is 19 which the individual is participating; and to the same extent as the other provi- years of age, has not successfully completed ‘‘(C) shall provide monetary incentives for sions of this section apply to States. a high-school education (or its equivalent), more than minimally acceptable perform- ‘‘(2) ALLOTMENT.—If the Secretary ap- and is required to participate in the program ance of required educational activities; and proves an Indian tribe’s application, the Sec- (including an individual who would other- ‘‘(D) shall provide penalties (which may be retary shall allot to such tribe for a fiscal wise be exempt from participation in the those required by subsection (a)(19)(G) or, year an amount which the Secretary deter- program solely by reason of subparagraph with the approval of the Secretary, other mines is the Indian tribe’s fair and equitable (C)(iii)), the State agency (subject to monetary penalties that the State finds will share of the amount specified under para- subclause (II)) shall require such parent to better achieve the objectives of the program) graph (3) for all Indian tribes with applica- participate in an educational activity; and for less than minimally acceptable perform- tions approved under this subsection (based ‘‘(II) the State agency may— ance of required activities. on allotment factors to be determined by the ‘‘(aa) require a parent described in ‘‘(3) When a monetary incentive is payable Secretary). The Secretary shall determine a subclause (I) (notwithstanding the part-time because of the more than minimally accept- minimum allotment amount for all Indian requirement in subparagraph (C)(iii)(II)) to able performance of required educational ac- tribes with applications approved under this participate in educational activities directed tivities by a custodial parent, the incentive January 4, 1995 CONGRESSIONAL RECORD — SENATE S 125 shall be paid directly to such parent, regard- day of the first calendar quarter beginning (A) by inserting ‘‘or incentive adjustments less of whether the State agency makes pay- after the close of the first regular session of under section 458A’’ after ‘‘section 458’’; and ment of aid under the State plan directly to the State legislature that begins after the (B) by inserting ‘‘or any increases in Fed- such parent. date of enactment of this Act. For purposes eral payments to the State resulting from ‘‘(4)(A) For purposes of this part, monetary of this paragraph, in the case of a State that such incentive adjustments’’ after ‘‘any such incentives paid under this subsection shall has a 2-year legislative session, each year of incentive payments’’. be considered aid to families with dependent the session shall be treated as a separate reg- (b) FEDERAL FINANCIAL PARTICIPATION FOR children. ular session of the State legislature. ALL PATERNITY ESTABLISHMENT SERVICES.— ‘‘(B) For purposes of any other Federal or TITLE II—PARENTAL RESPONSIBILITY (1) IN GENERAL.—Section 455(a)(1) (42 U.S.C. federally-assisted program based on need, no 655(a)(1)) is amended by adding at the end the monetary incentive paid under this sub- SEC. 201. PERFORMANCE-BASED INCENTIVES. following: ‘‘In determining the total section shall be considered income in deter- (a) INCENTIVE ADJUSTMENTS TO FEDERAL amounts expended by any State during a mining a family’s eligibility for or amount MATCHING RATE.— quarter, for purposes of this subsection, of benefits under such program, and if aid is (1) IN GENERAL.—Title IV (42 U.S.C. 601 et there shall be included any amounts ex- reduced by reason of a penalty under this seq.) is amended by inserting after section pended for paternity determination services subsection, such other program shall treat 458 the following new section: made available to any individual who did not the family involved as if no such penalty has ‘‘INCENTIVE ADJUSTMENTS TO MATCHING RATE file an application in accordance with sec- been applied. FOR STATEWIDE PATERNITY ESTABLISHMENT tion 454(6).’’. ‘‘(5) The State agency shall from time to (2) EFFECTIVE DATE.—The amendment ‘‘SEC. 458A. (a) INCENTIVE ADJUSTMENT.— time provide such information with respect made by paragraph (1) shall be effective with ‘‘(1) IN GENERAL.—In order to encourage to the State operation of the program as the respect to calendar quarters beginning on or and reward State paternity establishment ef- Secretary may request.’’. after October 1, 1995. (c) EFFECTIVE DATES.— forts, the Federal matching rate for pay- SEC. 202. STATE LAW AUTHORIZING SUSPENSION (1) IN GENERAL.—Except as provided in ments to a State under section 455(a)(1)(A), OF LICENSES. paragraph (2), the amendments made by sub- for each fiscal year beginning on or after Oc- sections (a) and (b) shall be effective with re- tober 1, 1997, shall be increased by a factor (a) IN GENERAL.—Section 466(a) (42 U.S.C. spect to calendar quarters beginning on or reflecting the incentive adjustment (if any) 666(a)) is amended by adding at the end the after October 1, 1995. determined in accordance with paragraph (2) following new paragraph: ‘‘(12) AUTHORITY TO WITHHOLD OR SUSPEND (2) SPECIAL RULE.—In the case of a State with respect to the Statewide paternity es- that the Secretary of Health and Human tablishment percentage. LICENSES.—Procedures under which the State Services determines requires State legisla- ‘‘(2) STANDARDS.—The Secretary shall es- has (and uses in appropriate cases) authority tion (other than legislation appropriating tablish in regulations— (subject to appropriate due process safe- funds) in order to meet the additional re- ‘‘(A) the levels of accomplishment, and guards) to withhold or suspend, or to restrict quirements imposed by the amendments rates of improvement as alternatives to such the use of driver’s licenses, professional and made by this Act, the State shall not be re- levels, with respect to the Statewide pater- occupational licenses, and recreational li- garded as failing to comply with the require- nity establishment percentages which States censes of individuals owing overdue child ments of such amendments before the first must attain to qualify for an incentive ad- support or failing, after receiving appro- day of the first calendar quarter beginning justment under this section; and priate notice, to comply with subpoenas or after the close of the first regular session of ‘‘(B) the amounts of incentive adjustment warrants relating to paternity or child sup- the State legislature that begins after the that shall be awarded to States achieving port proceedings.’’. date of enactment of this Act. For purposes specified accomplishment or improvement (b) EFFECTIVE DATE.— of this paragraph, in the case of a State that levels with respect to Statewide paternity (1) IN GENERAL.—Except as provided in has a 2-year legislative session, each year of establishment percentages, which amounts paragraph (2), the amendment made by sub- the session shall be treated as a separate reg- shall be graduated, ranging up to 5 percent- section (a) shall be effective with respect to ular session of the State legislature. age points, in connection with the State’s calendar quarters beginning on or after Octo- SEC. 104. DRUG TREATMENT AND COUNSELING Statewide paternity establishment percent- ber 1, 1995. AS PART OF THE JOBS PROGRAM. age. (2) SPECIAL RULE.—In the case of a State (a) IN GENERAL.—Section 402(a)(19) (42 ‘‘(3) DETERMINATION OF INCENTIVE ADJUST- that the Secretary of Health and Human U.S.C. 602(a)(19)) is amended— MENT.—The Secretary shall, pursuant to reg- Services determines requires State legisla- (1) by striking ‘‘and’’ at the end of subpara- ulations, determine the amount (if any) of tion (other than legislation appropriating graph (G); incentive adjustment due each State on the funds) in order to meet the additional re- (2) by inserting ‘‘and’’ after the semicolon basis of the levels of accomplishment (and quirements imposed by the amendments at the end of subparagraph (H); rates of improvement) with respect to per- made by this Act, the State shall not be re- (3) by adding after subparagraph (H), the formance indicators specified by the Sec- garded as failing to comply with the require- following new subparagraph: retary pursuant to this section. ments of such amendments before the first ‘‘(I) that, in the case of a custodial parent ‘‘(4) FISCAL YEAR SUBJECT TO INCENTIVE AD- day of the first calendar quarter beginning who has not attained 19 years of age (includ- JUSTMENT.—The total percentage point in- after the close of the first regular session of ing an individual who would otherwise be ex- crease determined pursuant to this section the State legislature that begins after the empt from participation in the program sole- with respect to a State program in a fiscal date of enactment of this Act. For purposes ly by reason of clauses (iii), (v), or (vii)) of year shall apply as an adjustment to the ap- of this paragraph, in the case of a State that subparagraph (C)), whose employability plan plicable percent under section 455(a)(2) for has a 2-year legislative session, each year of (described in section 482(b)) reflects the need payments to such State for the succeeding the session shall be treated as a separate reg- for treatment for substance abuse, the State fiscal year. ular session of the State legislature. agency shall— ‘‘(b) STATEWIDE PATERNITY ESTABLISHMENT SEC. 203. STATE LAWS CONCERNING PATERNITY ‘‘(i) require such individual to participate PERCENTAGE.—For purposes of this section, ESTABLISHMENT. in substance abuse treatment; and the term ‘Statewide paternity establishment (a) STATE LAWS REQUIRED.—Section ‘‘(ii) notwithstanding any other provision percentage’ means, with respect to a fiscal 466(a)(5) (42 U.S.C. 666(a)(5)) is amended— of law, after providing an individual required year, the ratio (expressed as a percentage) (1) by striking ‘‘(5)’’ and inserting ‘‘(5) PRO- to participate in treatment under this sub- of— CEDURES CONCERNING PATERNITY ESTABLISH- paragraph with proper notice, make the pro- ‘‘(1) the total number of out-of-wedlock MENT.—’’; visions of section 402(a)(19)(G) applicable to children in the State under one year of age (2) in subparagraph (A)— any individual who fails or refuses to accept for whom paternity is established or ac- (A) by striking ‘‘(A)’’ and inserting ‘‘(A) such treatment;’’. knowledged during the fiscal year, to ESTABLISHMENT PROCESS AVAILABLE FROM BE- (b) EFFECTIVE DATES.— ‘‘(2) the total number of children born out- FORE BIRTH UNTIL AGE 18.—’’; (1) IN GENERAL.—Except as provided in of-wedlock in the State during such fiscal (B) by moving clause (ii) 2 ems to the paragraph (2), the amendments made by sub- year.’’. right; and section (a) shall be effective with respect to (2) TITLE IV–D PAYMENT ADJUSTMENT.—Sec- (C) by adding after clause (ii) the following calendar quarters beginning on or after Octo- tion 455(a)(2) (42 U.S.C. 655(a)(2)) is amend- new clause: ber 1, 1995. ed— ‘‘(iii) Procedures which permit the initi- (2) SPECIAL RULE.—In the case of a State (A) by striking the period at the end of ation of proceedings to establish paternity that the Secretary of Health and Human subparagraph (C) and inserting a comma; and before the birth of the child concerned.’’; Services determines requires State legisla- (B) by adding after subparagraph (C) the (3) in subparagraph (B)— tion (other than legislation appropriating following: (A) by striking ‘‘(B)’’ and inserting ‘‘(B) funds) in order to meet the additional re- ‘‘increased by the incentive adjustment fac- PROCEDURES CONCERNING GENETIC TESTING.— quirements imposed by the amendments tor (if any) determined by the Secretary pur- (i)’’; made by this Act, the State shall not be re- suant to section 458A.’’. (B) in clause (i), as redesignated, by insert- garded as failing to comply with the require- (3) CONFORMING AMENDMENTS.—Section ing ‘‘, where such request is supported by a ments of such amendments before the first 454(22) (42 U.S.C. 654(22)) is amended— sworn statement by such party setting forth S 126 CONGRESSIONAL RECORD — SENATE January 4, 1995 facts establishing a reasonable possibility of ‘‘(ii) providing that any objection to ge- thority (and recognize and enforce the au- the requisite sexual contact’’ before the pe- netic testing results must be made in writing thority of State agencies of other States), riod at the end; not later than a specified number of days be- without the necessity of obtaining an order (C) by inserting after clause (i), as so redes- fore any hearing at which such results may from any other judicial or administrative ignated, the following new clause: be introduced into evidence (or, at the option tribunal (but subject to due process safe- ‘‘(ii) Procedures which require the State of the State, not later than a specified num- guards, including (as appropriate) require- agency, in any case in which such agency or- ber of days after receipt of such results); and ments for notice, opportunity to contest the ders genetic testing— ‘‘(iii) providing that, if no objection is action, and opportunity for an appeal on the ‘‘(I) to pay costs of such tests, subject to made, the test results are admissible as evi- record to an independent administrative or recoupment (where the State so elects) from dence of paternity without the need for foun- judicial tribunal), to take the following ac- the putative father if paternity is estab- dation testimony or other proof of authen- tions relating to establishment or enforce- lished; and ticity or accuracy.’’; and ment of orders: ‘‘(II) to obtain additional testing in any (7) by adding after subparagraph (H) the ‘‘(A) ESTABLISH AND MODIFY SUPPORT case where an original test result is dis- following new subparagraphs: AMOUNT.—To establish and modify the puted, upon request and advance payment by ‘‘(I) TEMPORARY SUPPORT ORDER BASED ON amount of support awards in all cases in the disputing party.’’; PROBABLE PATERNITY IN CONTESTED CASES.— which services are being provided under this (4) by striking subparagraph (C) and insert- Procedures which require that a temporary part. ing: order be issued, upon motion by a party, re- ‘‘(B) GENETIC TESTING.—To order genetic ‘‘(C) VOLUNTARY ACKNOWLEDGMENT PROCE- quiring the provision of child support pend- testing for the purpose of paternity estab- DURE.—Procedures for a simple civil process ing an administrative or judicial determina- lishment as provided in section 466(a)(5). for voluntarily acknowledging paternity tion of parentage, where there is clear and ‘‘(C) DEFAULT ORDERS.—To enter a default under which— convincing evidence of paternity (on the order, upon a showing of service of process ‘‘(i) the benefits, rights, and responsibil- basis of genetic tests or other evidence). and any additional showing required by ities of acknowledging paternity are ex- ‘‘(J) PROOF OF CERTAIN SUPPORT AND PATER- State law— plained to unwed parents; NITY ESTABLISHMENT COSTS.—Procedures ‘‘(i) establishing paternity, in the case of ‘‘(ii) due process safeguards are afforded; under which bills for pregnancy, childbirth, any putative father who refuses to submit to and and genetic testing are admissible as evi- genetic testing; and ‘‘(iii) hospitals and other health care facili- dence without requiring third-party founda- ‘‘(ii) establishing or modifying a support ties providing inpatient or outpatient mater- tion testimony, and constitute prima facie obligation, in the case of a parent (or other nity and pediatric services are required, as a evidence of amounts incurred for such serv- obligor or obligee) who fails to respond to condition of participation in the State pro- ices and testing on behalf of the child. notice to appear at a proceeding for such gram under title XIX— ‘‘(K) WAIVER OF STATE DEBTS FOR COOPERA- purpose. ‘‘(I) to explain to unwed parents the mat- TION.—Procedures under which the tribunal ‘‘(D) SUBPOENAS.—To subpoena any finan- ters specified in clause (i); establishing paternity and support has dis- cial or other information needed to estab- ‘‘(II) to make available the voluntary ac- cretion to waive rights to all or part of lish, modify, or enforce an order, and to knowledgment procedure required under this amounts owed to the State (but not to the sanction failure to respond to any such sub- subparagraph; and mother) for costs related to pregnancy, poena. ‘‘(III) in the case of hospitals providing ma- childbirth, and genetic testing and for public ‘‘(E) ACCESS TO PERSONAL AND FINANCIAL IN- ternity services— assistance paid to the family where the fa- FORMATION.—To obtain access, subject to ‘‘(aa) to have facilities for obtaining blood ther cooperates or acknowledges paternity safeguards on privacy and information secu- or other genetic samples from the mother, before or after genetic testing. rity, to the following records (including putative father, and child for genetic testing; ‘‘(L) STANDING OF PUTATIVE FATHERS.—Pro- automated access, in the case of records ‘‘(bb) to inform the mother and putative cedures ensuring that the putative father maintained in automated data bases): father of the availability of such testing (at has a reasonable opportunity to initiate a ‘‘(i) Records of other State and local gov- their expense); and paternity action.’’. ernment agencies, including— ‘‘(cc) to obtain such samples upon request (b) TECHNICAL AMENDMENT.—Section 468 (42 ‘‘(I) vital statistics (including records of of both such individuals;’’; U.S.C. 668) is amended by striking ‘‘a simple marriage, birth, and divorce); (5) by striking subparagraphs (D) and (E) civil process for voluntarily acknowledging ‘‘(II) State and local tax and revenue and inserting: paternity and’’. records (including information on residence ‘‘(D) LEGAL STATUS OF ACKNOWLEDGMENT.— (c) EFFECTIVE DATES.— address, employer, income and assets); Procedures under which— (1) IN GENERAL.—Except as provided in ‘‘(III) records concerning real and titled ‘‘(i) a voluntary acknowledgment of pater- paragraph (2), the amendments made by sub- personal property; nity creates, at State option, either— sections (a) and (b) shall be effective with re- ‘‘(IV) records of occupational and profes- ‘‘(I) a conclusive presumption of paternity, spect to calendar quarters beginning on or sional licenses, and records concerning the or after October 1, 1996. ownership and control of corporations, part- ‘‘(II) a rebuttable presumption which be- (2) SPECIAL RULE.—In the case of a State nerships, and other business entities; comes a conclusive presumption within one that the Secretary of Health and Human ‘‘(V) employment security records; year, unless rebutted or invalidated by an in- Services determines requires State legisla- ‘‘(VI) records of agencies administering tervening determination which reaches a tion (other than legislation appropriating public assistance programs; contrary conclusion; funds) in order to meet the additional re- ‘‘(VII) records of the motor vehicle depart- ‘‘(ii) at the option of the State, notwith- quirements imposed by the amendments ment; and standing clause (i), upon the request of a made by this Act, the State shall not be re- ‘‘(VIII) corrections records. party, a determination of paternity based on garded as failing to comply with the require- ‘‘(ii) Certain records held by private enti- an acknowledgment may be vacated on the ments of such amendments before the first ties, including— basis of new evidence, the existence of fraud, day of the first calendar quarter beginning ‘‘(I) customer records of public utilities or the best interests of the child; and after the close of the first regular session of and cable television companies; and ‘‘(iii) a voluntary acknowledgment of pa- the State legislature that begins after the ‘‘(II) information (including information ternity is admissible as evidence of pater- date of enactment of this Act. For purposes on assets and liabilities) on individuals who nity, and as a basis for seeking a support of this paragraph, in the case of a State that owe or are owed support (or against or with order, without requiring any further pro- has a 2-year legislative session, each year of respect to whom a support obligation is ceedings to establish paternity. the session shall be treated as a separate reg- sought) held by financial institutions (sub- ‘‘(E) BAR ON ACKNOWLEDGMENT RATIFICA- ular session of the State legislature. ject to limitations on liability of such enti- TION PROCEEDINGS.—Procedures under which SEC. 204. STATE LAWS PROVIDING EXPEDITED ties arising from affording such access). no judicial or administrative proceedings are PROCEDURES. ‘‘(F) INCOME WITHHOLDING.—To order in- required or permitted to ratify an unchal- (a) STATE LAW REQUIREMENTS.—Section 466 come withholding in accordance with section lenged acknowledgment of paternity.’’; (42 U.S.C. 666) is amended— 466(a)(1) and (b). (6) by striking subparagraph (F) and insert- (1) in subsection (a)(2), by striking the first ‘‘(G) CHANGE IN PAYEE.—In cases where sup- ing: sentence and inserting: ‘‘Expedited adminis- port is subject to an assignment under sec- ‘‘(F) ADMISSIBILITY OF GENETIC TESTING RE- trative and judicial procedures (including tion 402(a)(26), 471(a)(17), or 1912. SULTS.—Procedures— the procedures specified in subsection (f)) for ‘‘(H) SECURE ASSETS TO SATISFY ARREAR- ‘‘(i) requiring that the State admit into establishing paternity and for establishing, AGES.—For the purpose of securing overdue evidence, for purposes of establishing pater- modifying, and enforcing support obliga- support— nity, results of any genetic test that is— tions.’’; and ‘‘(i) to intercept and seize any periodic or ‘‘(I) of a type generally acknowledged, by (2) by adding after subsection (e) the fol- lump-sum payment to the obligor by or accreditation bodies designated by the Sec- lowing new subsection: through a State or local government agency, retary, as reliable evidence of paternity; and ‘‘(f) EXPEDITED PROCEDURES.—(1) ADMINIS- including— ‘‘(II) performed by a laboratory approved TRATIVE ACTION BY STATE AGENCY.—Proce- ‘‘(I) unemployment compensation, work- by such an accreditation body; dures which give the State agency the au- ers’ compensation, and other benefits; January 4, 1995 CONGRESSIONAL RECORD — SENATE S 127

‘‘(II) judgments and settlements in cases (1) IN GENERAL.—Except as provided in (A) by striking ‘‘and’’ at the end of clause under the jurisdiction of the State or local paragraph (2), the amendments made by sub- (ii); and government; and sections (a), (b), and (c) shall be effective (B) by inserting after clause (iii) the fol- ‘‘(III) lottery winnings; with respect to calendar quarters beginning lowing new clause: ‘‘(ii) to attach and seize assets of the obli- on or after October 1, 1995. ‘‘(iv) in coordination with the Public gor held by financial institutions; (2) SPECIAL RULE.—In the case of a State Health Service, the State shall directly or ‘‘(iii) to attach public and private retire- that the Secretary of Health and Human under contract with hospitals, and other ment funds in appropriate cases, as deter- Services determines requires State legisla- health care facilities providing inpatient or mined by the Secretary; and tion (other than legislation appropriating outpatient maternity and pediatric services ‘‘(iv) to impose liens in accordance with funds) in order to meet the additional re- (including prenatal clinics, well-baby clinics, subsection (a)(4) and, in appropriate cases, to quirements imposed by the amendments in-home public health service visitations, force sale of property and distribution of pro- made by this Act, the State shall not be re- family planning clinics, and centers partici- garded as failing to comply with the require- ceeds. pating in the program described in section 17 ments of such amendments before the first ‘‘(I) INCREASE MONTHLY PAYMENTS.—For the of the Child Nutrition Act of 1966 (42 U.S.C. day of the first calendar quarter beginning purpose of securing overdue support, to in- 1786)) provide that the benefits, rights and crease the amount of monthly support pay- after the close of the first regular session of the State legislature that begins after the responsibilities of acknowledging paternity ments to include amounts for arrearages are explained to unwed parents; and’’. (subject to such conditions or restrictions as date of enactment of this Act. For purposes (2) EFFECTIVE DATE.— the State may provide). of this paragraph, in the case of a State that has a 2-year legislative session, each year of (A) IN GENERAL.—Except as provided in ‘‘(J) SUSPENSION OF DRIVERS’ LICENSES.—To subparagraph (B), the amendments made by suspend drivers’ licenses of individuals owing the session shall be treated as a separate reg- paragraph (1) shall be effective with respect past-due support, in accordance with sub- ular session of the State legislature. to calendar quarters beginning on or after section (a)(12). SEC. 205. OUTREACH FOR VOLUNTARY PATER- NITY ESTABLISHMENT. October 1, 1995. ‘‘(2) SUBSTANTIVE AND PROCEDURAL (B) SPECIAL RULE.—In the case of a State RULES.—The expedited procedures required (a) STATE PLAN REQUIREMENT.— that the Secretary of Health and Human under subsection (a)(2) shall include the fol- (1) IN GENERAL.—Section 454(23) (42 U.S.C. lowing rules and authority, applicable with 654(23)) is amended— Services determines requires State legisla- respect to all proceedings to establish pater- (A) by inserting ‘‘(A)’’ after ‘‘(23)’’; tion (other than legislation appropriating nity or to establish, modify, or enforce sup- (B) by adding after subparagraph (A), as so funds) in order to meet the additional re- port orders: redesignated, the following new subpara- quirements imposed by the amendments graph: ‘‘(A) LOCATOR INFORMATION; PRESUMPTIONS made by this Act, the State shall not be re- ‘‘(B) provide that the State will regularly CONCERNING NOTICE.—Procedures under garded as failing to comply with the require- which— and frequently publicize the availability and ments of such amendments before the first ‘‘(i) the parties to any paternity or child encourage the use of procedures for vol- day of the first calendar quarter beginning support proceedings are required (subject to untary establishment of paternity and child after the close of the first regular session of privacy safeguards) to file with the tribunal support through a variety of means, which— the State legislature that begins after the ‘‘(i) may include distribution of written before entry of an order, and to update as ap- date of enactment of this Act. For purposes materials at health care facilities (including propriate, information on location and iden- of this paragraph, in the case of a State that hospitals and clinics), and other locations tity (including social security number, resi- has a 2-year legislative session, each year of such as schools; dential and mailing addresses, telephone the session shall be treated as a separate reg- ‘‘(ii) may include prenatal programs to number, driver’s license number, and name, ular session of the State legislature. educate expectant couples on individual and address, and telephone number of employer); (c) JOINT OUTREACH PROGRAM.— joint rights and responsibilities with respect and (1) IN GENERAL.—The Department of Health to paternity (and may require all expectant ‘‘(ii) in any subsequent child support en- and Human Services, the Public Health Serv- recipients of assistance under part A to par- forcement action between the same parties, ticipate in such prenatal programs, as an ele- ice, and the Department of Education shall the tribunal shall be authorized, upon suffi- ment of cooperation with efforts to establish cooperatively develop and implement a sub- cient showing that a diligent effort has been paternity and child support); stantial outreach program and media cam- made to ascertain such a party’s current lo- ‘‘(iii) may include, with respect to each paign to— cation, to deem due process requirements for child discharged from a hospital after birth (A) reinforce the importance of paternity notice and service of process to be met, with for whom paternity or child support has not establishment; and respect to such party, by delivery to the been established, reasonable follow up efforts (B) promote the message that parenting is most recent residential or employer address (including at least one contact of each par- a joint right and responsibility. so filed pursuant to clause (i). ent whose whereabouts are known, except (2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) STATEWIDE JURISDICTION.—Procedures where there is reason to believe such follow There are authorized to be appropriated such under which— up efforts would put mother or child at risk), sums as may be necessary to carry out the ‘‘(i) the State agency and any administra- providing— purposes of this subsection. tive or judicial tribunal with authority to ‘‘(I) in the case of a child for whom pater- hear child support and paternity cases exerts nity has not been established, information TITLE III—COMBATING TEENAGE statewide jurisdiction over the parties, and on the benefits of and procedures for estab- PREGNANCY orders issued in such cases have statewide ef- lishing paternity; and fect; and SEC. 301. TARGETING YOUTH AT RISK OF TEEN- ‘‘(II) in the case of a child for whom pater- AGE PREGNANCY. ‘‘(ii) in the case of a State in which orders nity has been established but child support (a) IN GENERAL.—Section 402 (42 U.S.C. 602), in such cases are issued by local jurisdic- has not been established, information on the as amended by section 103(b)(2), is further tions, a case may be transferred between ju- benefits of and procedures for establishing a amended by adding at the end the following risdictions in the State without need for any child support order, and an application for new subsection: additional filing by the petitioner, or service child support services; and’’. ‘‘(k)(1) Each State agency may, to the ex- of process upon the respondent, to retain ju- (2) ENHANCED FEDERAL MATCHING.—Section risdiction over the parties.’’. 455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amend- tent it determines resources are available, (c) EXEMPTIONS FROM STATE LAW REQUIRE- ed— provide for the operation of projects to re- MENTS.—Section 466(d) (42 U.S.C. 666(d)) is (A) by inserting ‘‘(i)’’ before ‘‘laboratory duce teenage pregnancy. Such projects shall amended— costs’’, and be operated by eligible entities that have (1) by striking ‘‘(d) If’’ and inserting ‘‘(d) (B) by inserting before the semicolon ‘‘, submitted applications described in para- EXEMPTIONS FROM REQUIREMENTS.—(1) IN and (ii) costs of outreach programs designed graph (3) that have been approved in accord- GENERAL.—Subject to paragraph (2), if’’; and to encourage voluntary acknowledgment of ance with paragraph (4). (2) by adding at the end the following new paternity’’. ‘‘(2) For purposes of this subsection, the paragraph: (3) EFFECTIVE DATES.— term ‘eligible entity’ includes State agen- ‘‘(2) NONEXEMPT REQUIREMENTS.—The Sec- (A) IN GENERAL.—The amendments made cies, local agencies, publicly supported orga- retary shall not grant an exemption from the by paragraph (1) shall become effective Octo- nizations, private nonprofit organizations, requirements of— ber 1, 1996. and consortia of such entities. ‘‘(A) subsection (a)(5) (concerning proce- (B) ENHANCED MATCH.—The amendments ‘‘(3) An application described in this para- dures for paternity establishment); made by paragraph (2) shall be effective with graph shall— ‘‘(B) subsection (a)(10) (concerning modi- respect to calendar quarters beginning on ‘‘(A) describe the project; fication of orders); and after October 1, 1995. ‘‘(B) include an endorsement of the project ‘‘(C) subsection (f) (concerning expedited (b) STATE OUTREACH AS PART OF VOL- by the chief elected official of the jurisdic- procedures), other than paragraph (1)(A) UNTARY CONSENT PROCEDURES.— tion in which the project is to be located; thereof (concerning establishment or modi- (1) IN GENERAL.—Section 466(a)(5)(C) (42 ‘‘(C) demonstrate strong local commitment fication of support amount).’’. U.S.C. 666(a)(5)(C)), as amended by section and local involvement in the planning and (d) EFFECTIVE DATES.— 303(a)(4), is further amended— implementation of the project; and S 128 CONGRESSIONAL RECORD — SENATE January 4, 1995 ‘‘(D) be submitted in such manner and con- of fiscal years 1996 through 2002 of an amount (1) develop and maintain a system for dis- taining such information as the Secretary equal to the lesser of— seminating information on all types of ado- may require. ‘‘(A) 75 percent of the expenditures by the lescent pregnancy prevention programs and ‘‘(4)(A) Subject to subparagraph (B), the State in providing for the operation of the on the state of adolescent pregnancy preven- Governor of a State may approve an applica- projects under section 402(k), and in admin- tion program development, including infor- tion under this paragraph based on selection istering the projects under such section; or mation concerning the most effective model criteria (to be determined by the Governor). ‘‘(B) the limitation determined under para- programs; ‘‘(B) Preference in approving a project graph (2) with respect to the State for the (2) identify model programs representing shall be accorded to be projects that target— fiscal year. the various types of adolescent pregnancy ‘‘(i) both young men and women; ‘‘(2)(A) The limitation determined under prevention programs; ‘‘(ii) areas with high teenage pregnancy this paragraph with respect to a State for (3) develop networks of adolescent preg- rates; or any fiscal year is the amount that bears the nancy prevention programs for the purpose ‘‘(iii) areas with a high incidence of indi- same ratio to $71,250,000 as the population of sharing and disseminating information; viduals receiving aid to families with de- with an income below the poverty line (as (4) develop technical assistance materials pendent children. such term is defined in section 673(2) of the to assist other entities in establishing and ‘‘(5)(A) An Indian tribe may apply to the Community Services Block Grant Act (42 improving adolescent pregnancy prevention Secretary to provide for the operation of U.S.C. 9902(2)), including any revision re- programs; projects to reduce teenage pregnancy in ac- quired by such section) in the State in the (5) participate in activities designed to en- second preceding fiscal year bears to such cordance with an application procedure to be courage and enhance public media cam- population residing in the United States in determined by the Secretary. Except as oth- paigns on the issue of adolescent pregnancy; the second preceding fiscal year. erwise provided in this subsection, the provi- and ‘‘(B) If the limitation determined under sions of this section shall apply to Indian (6) conduct such other activities as the re- subparagraph (A) with respect to a State for tribes receiving funds under this subsection sponsible Federal officials find will assist in a fiscal year exceeds the amount paid to the in the same manner and to the same extent developing and carrying out programs or ac- State under this subsection for the fiscal tivities to reduce adolescent pregnancy. as the other provisions of this section apply year, the limitation determined under this to States. (c) AUTHORIZATION OF APPROPRIATIONS.— paragraph with respect to the State for the There are authorized to be appropriated such ‘‘(B) The Secretary shall limit the number immediately succeeding fiscal year shall be of applications approved under this para- sums as may be necessary to carry out the increased by the amount of such excess. purposes of this section. graph to ensure that payments under section ‘‘(3)(A) Notwithstanding any other provi- 403(o) to Indian tribes with approved applica- sion of this title, for purposes of this sub- TITLE IV—FINANCING tions would not result in payments of less section, an Indian tribe with an application SEC. 401. UNIFORM ALIEN ELIGIBILITY CRITERIA than a minimum payment amount (to be de- approved under section 402(k)(5) shall be en- FOR PUBLIC ASSISTANCE PRO- termined by the Secretary). titled to payment from the Secretary for GRAMS. ‘‘(C) For purposes of this subsection, the each of fiscal years 1996 through 2002 of an (a) FEDERAL AND FEDERALLY-ASSISTED term ‘Indian tribe’ means any Indian tribe, amount equal to the lesser of— PROGRAMS.— band, nation, pueblo, or other organized ‘‘(i) 75 percent of the expenditures by the (1) PROGRAM ELIGIBILITY CRITERIA.— group or community, including any Alaska Indian tribe in providing for the operation of (A) AID TO FAMILIES WITH DEPENDENT CHIL- Native entity which is recognized as eligible the projects under section 402(k)(5), and in DREN.—Section 402(a)(33) (42 U.S.C. 602(a)(33)) for the special programs and services pro- administering the projects under such sec- is amended— vided by the United States to Indian tribes tion; or (i) by striking ‘‘either’’ and inserting ‘‘ei- because of their status as Indians.’’. ‘‘(ii) the limitation determined under sub- ther—’’; and ‘‘(6) A project conducted under this sub- paragraph (B) with respect to the Indian (ii) by striking ‘‘(A) a citizen’’ and all that section shall be conducted for not less than tribe for the fiscal year. follows through the semicolon and inserting 3 years. ‘‘(B)(i) The limitation determined under the following: ‘‘(7)(A) The Secretary shall conduct a this subparagraph with respect to an Indian ‘‘(A) a citizen or national of the United study in accordance with subparagraph (B) tribe for any fiscal year is the amount that States, or to determine the relative effectiveness of the bears the same ratio to $3,750,000 as the popu- ‘‘(B) a qualified alien (as defined in section different approaches for preventing teenage lation with an income below the poverty line 1101(a)(10)), if such alien is not disqualified pregnancy utilized in the projects conducted (as such term is defined in section 673(2) of from receiving aid under a State plan ap- under this subsection. the Community Services Block Grant Act (42 proved under this part by or pursuant to sec- ‘‘(B) The study required under subpara- U.S.C. 9902(2)), including any revision re- tion 210(f) or 245A(h) of the Immigration and graph (A) shall— quired by such section) in the Indian tribe in Nationality Act or any other provision of ‘‘(i) be based on data gathered from the second preceding fiscal year bears to law;’’. projects conducted in 5 States chosen by the such population of all Indian tribes with ap- (B) SUPPLEMENTAL SECURITY INCOME.—Sec- Secretary from among the States in which plications approved under section 402(k)(5) in tion 1614(a)(1)(B)(i) (42 U.S.C. projects under this subsection are operated; the second preceding fiscal year. 1382c(a)(1)(B)(i)) is amended to read as fol- ‘‘(ii) use specific outcome measures (deter- ‘‘(ii) If the limitation determined under lows: mined by the Secretary) to test the effec- clause (i) with respect to an Indian tribe for ‘‘(B)(i) is a resident of the United States, tiveness of the projects; a fiscal year exceeds the amount paid to the and is either (I) a citizen or national of the ‘‘(iii) use experimental and control groups Indian tribe under this paragraph for the fis- United States, or (II) a qualified alien (as de- (to the extent possible) that are composed of cal year, the limitation determined under fined in section 1101(a)(10)), or’’. a random sample of participants in the this subparagraph with respect to the Indian (C) MEDICAID—(i) Section 1903(v)(1) (42 projects; and tribe for the immediately succeeding fiscal U.S.C. 1396b(v)(1)) is amended to read as fol- ‘‘(iv) be conducted in accordance with an year shall be increased by the amount of lows: experimental design determined by the Sec- such excess.’’ ‘‘(v)(1) Notwithstanding the preceding pro- retary to result in a comparable design ‘‘(4) Amounts appropriated for a fiscal year visions of this section— among all projects. to carry out this part shall be made avail- ‘‘(A) no payment may be made to a State ‘‘(C) Each eligible entity conducting a able for payments under this subsection for under this section for medical assistance fur- project under this subsection shall provide to such fiscal year.’’. nished to an individual who is disqualified the Secretary in such form and with such SEC. 302. NATIONAL CLEARINGHOUSE ON TEEN- from receiving such assistance by or pursu- frequency as the Secretary requires interim AGE PREGNANCY. ant to section 210(f) or 245A(h) of the Immi- data from the projects conducted under this (a) ESTABLISHMENT.—The Secretary of Edu- gration and Nationality Act or any other subsection. The Secretary shall report to the cation, the Secretary of Health and Human provision of law, and Congress annually on the progress of such Services, and the Chief Executive Officer of ‘‘(B) except as provided in paragraph (2), no projects and shall, not later than January 1, the Corporation for National and Commu- such payment may be made for medical as- 2003, submit to the Congress the study re- nity Service shall establish a national center sistance furnished to an individual who is quired under subparagraph (A). for the collection and provision of informa- not— ‘‘(D) There are authorized to be appro- tion that relates to adolescent pregnancy ‘‘(i) a citizen or national of the United priated $500,000 for each of fiscal years 1996 prevention programs, to be known as the States, or through 2002 for the purpose of conducting ‘‘National Clearinghouse on Teenage Preg- ‘‘(ii) a qualified alien (as defined in section the study required under subparagraph (A).’’. nancy Prevention Programs’’. 1101(a)(10)).’’. (b) PAYMENT.—Section 403 (42 U.S.C. 603) is (b) FUNCTIONS.—The national center estab- (ii) Section 1903(v)(2) (42 U.S.C. 1396b(v)(2)) amended by adding at the end the following lished under subsection (a) shall serve as a is amended— new subsection: national information and data clearing- (I) by striking ‘‘paragraph (1)’’ and insert- ‘‘(o)(1) In addition to any payment under house, and as a material development source ing ‘‘paragraph (1)(B)’’; and subsection (a) or (l), each State shall be enti- for adolescent pregnancy prevention pro- (II) by striking ‘‘alien’’ each place it ap- tled to payment from the Secretary for each grams. Such center shall— pears and inserting ‘‘individual’’. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 129 (iii) Section 1902(a) (42 U.S.C. 1396a(a)) is changes to our welfare system so that welfare. But this legislation is a sen- amended in the last sentence by striking it promotes work and responsibility. I sible first step focusing on unwed teen ‘‘alien’’ and all that follows through the pe- am proud to continue these efforts by parents and it will hopefully help break riod and inserting ‘‘individual who is not (A) joining Senator DASCHLE and other col- a cycle of dependency early. a citizen or national of the United States, or (B) a qualified alien (as defined in section leagues in sponsoring S. 8, the Teen In additional to the eligibility re- 1101(a)(10)) only in accordance with section Pregnancy Prevention and Parent Re- quirements for unwed teen parents to 1903(v).’’. sponsibility Act. receive AFDC, the bill gives States and (iv) Section 1902(b)(3) (42 U.S.C. 1396a(b)(3)) This legislation is an essential step communities funding to invest in preg- is amended by inserting ‘‘or national’’ after that builds on the Family Support Act nancy prevention for at risk youth. ‘‘citizen’’. of 1988 in reforming our welfare sys- The legislation is paid for in respon- (2) QUALIFIED ALIEN DEFINED.—Section tem. It emphasizes parental respon- sible ways including provision to 1101(a) (42 U.S.C. 1301(a)) is amended by add- sibility and makes real reforms de- strengthen child support enforcement, ing at the end the following new paragraph: ‘‘(10) The term ‘qualified alien’ means an signed to address the issues of teen another key way to promote parental alien— pregnancy. As noted in the final report responsibility among absent fathers. ‘‘(A) who is lawfully admitted for perma- of the bipartisan National Commission Teenage pregnancy is a complicated nent residence within the meaning of section on Children, unmarried teenage moth- issue facing our society, and there are 101(a)(20) of the Immigration and Nationality ers often lack the maturity, economic no simple solutions or quick answers. Act; means, and parenting skills to care for But I believe that the Teenage Preg- ‘‘(B) who is admitted as a refugee pursuant themselves and their children. nancy Prevention and Parent Respon- to section 207 of such Act; For West Virginia, this issue is of sibility Act lays out needed change in ‘‘(C) who is granted asylum pursuant to section 208 of such Act; major importance. According to the Federal policy. Current Federal policy ‘‘(D) whose deportation is withheld pursu- 1993 West Virginia Kids Count, births enables teen parents on welfare to es- ant to section 243(h) of such Act; to unmarried teens has increased by 60 tablish their own independent house- ‘‘(E) whose deportation is suspended pursu- percent between 1980 and 1991 in my hold by offering them Federal assist- ant to section 244 of such Act; State. The percentage of births to ance, but this legislation dramatically ‘‘(F) who is granted conditional entry pur- unwed teen parents is tragically a pre- changes the rules and incentives. It suant to section 203(a)(7) of such Act as in ef- dictor of economic hardship for both sends a fundamental message to unwed fect prior to April 1, 1980; mother and child. This trend must be teen parents to stay in school and seek ‘‘(G) who is lawfully admitted for tem- porary residence pursuant to section 210 or reversed for the sake of teens, children, help from caring adults, preferably 245A of such Act; and our future. their families. While this bill is not a ‘‘(H) who is within a class of aliens law- This bill boldly confronts this con- silver bullet, it is a serious, sub- fully present within the United States pursu- cern by requiring unwed mothers under stantive effort to ensure that Federal ant to any other provision of such Act, if— the age of 18 to live with an adult fam- policy reflects American values for ‘‘(i) the Attorney General determines that ily member or in a supervised group families and children. the continued presence of such class of aliens home in order to receive Federal Aid to serves a humanitarian or other compelling Families with Dependent Children By Mr. DASCHLE (for himself, public interest, and Mr. EXON, Ms. MIKULSKI, Mr. ‘‘(ii) the Secretary of Health and Human [AFDC]. Unwed teen mothers would Services determines that such interest would also be required to stay in school and BREAUX, Mr. ROBB, Mr. KERRY, be further served by treating each alien complete their high school education Mr. PELL, and Ms. MOSELEY- within such class as a ‘qualified alien’ for in order to receive benefits. If sub- BRAUN): purposes of this Act; or stance abuse is a problem, unwed teen S. 9. A bill to direct the Senate and ‘‘(I) who is the spouse or unmarried child mothers would have to seek counsel- the House of Representatives to enact under 21 years of age of a citizen of the Unit- ing. These are major changes designed legislation on the budget for fiscal ed States, or the parent of such a citizen if to help both unwed teen mothers and years 1995 through 2003 that would bal- the citizen is 21 years of age or older, and ance the budget by fiscal year 2003; to with respect to whom an application for ad- their children. It is an effort to try and justment to lawful permanent residence is ensure that a caring adult is involved the Committee on the Budget and the pending; with both teen parent and infant. Also, Committee on Governmental Affairs, such status not having changed.’’. it is one of the toughest initiatives yet jointly, pursuant to the order of Au- (3) CONFORMING AMENDMENT.—Section to ensure that teenage mothers stay in gust 4, 1977, with insturctions that if 244A(f)(1) of the Immigration and National- school and get the education they will one Committee reports, the other Com- ity Act (8 U.S.C. 1254(a)(f)(1)) is amended by need to avoid a lifetime of dependency. mittee have thirty days to report or be inserting ‘‘and shall not be considered to be There is broad consensus about the discharged. a ‘qualified alien’ within the meaning of sec- tion 1101(a)(10) of the Social Security Act’’ need to change our welfare system BUDGET RESOLUTION FOR FISCAL YEARS 1995 before the semicolon at the end. from a program that can inadvertently THROUGH 2003 (b) STATE AND LOCAL PROGRAMS.—A State trap families in a lifetime of depend- Mr. DASCHLE. Mr. President, I ask or political subdivision therein may provide ency into a transitional assistance pro- unanimous consent that the text of the that an alien is not eligible for any program gram that fosters work and responsibil- bill be printed in the record. of assistance based on need that is furnished ity. But there are major questions There being no objection, the bill was by such State or political subdivision unless about how to achieve this goal. ordered to be printed in the RECORD, as such alien is a ‘‘qualified alien’’ within the As we debate a series of welfare re- follows: meaning of section 1101(a)(10) of the Social Security Act (as added by subsection (a)(2) of form proposals, I will judge each pro- S. 9 this section). posal by the fundamental question of Be it enacted by the Senate and House of Rep- (c) EFFECTIVE DATE.—(1) The amendments how each change will affect both the resentatives of the United States of America in made by subsection (a) are effective with re- poor parent and the child. Welfare re- Congress assembled, spect to benefits payable on the basis of any form should not punish vulnerable chil- SECTION 1. BUDGET RESOLUTION FOR FISCAL application filed after the date of enactment dren or their parents. Reform should YEARS 1996 THROUGH 2003. of this Act. encourage self-sufficiency in firm but Not later than the end of the 1st session of (2) Subsection (b) is effective upon the date fair ways. Senator DASCHLE’s legisla- the 104th Congress, the Senate and House of of enactment of this Act. tion passes this test with flying colors. Representatives shall— SEC. 402. STATE RETENTION OF AMOUNTS RE- (1) adopt a concurrent resolution on the COVERED. It will help both unwed teen parents budget for fiscal years 1996 through 2003; and Section 16(a) of the Food Stamp Act of 1977 and child by ensuring the involvement (2) enact all the necessary authorizing and (7 U.S.C. 2025(a)) is amended in the proviso of of an adult, and by keeping teens in appropriations legislation, the first sentence by striking ‘‘1995’’ each school. that would balance the Federal budget by place such term appears and inserting Obviously, more work must be done the beginning of fiscal year 2003. ‘‘2004’’. to reform our overall welfare system Mr. ROCKEFELLER. Mr. President, since the Department of Health and By Mr. DASCHLE (for himself, for years, as Governor of West Virginia Human estimates that teen parents are Mr. GLENN, Mr. LEVIN, Ms. MI- and as a U.S. Senator, I have advocated less than 10 percent of all families on KULSKI, Mr. BREAUX, Mr. S 130 CONGRESSIONAL RECORD — SENATE January 4, 1995

KERRY, Ms. MOSELEY-BRAUN, manner regardless of their place of assign- (A) any employee of the Congressional and Mr. HARKIN): ment within the Congress. Budget Office, the Office of Technology As- S. 10. A bill to make certain laws ap- (6) The extension of employee rights and sessment, or the Office of Congressional Fair plicable to the legislative branch of the protections should be accomplished in a Employment Practices; manner that is consistent with the respon- Federal Government, to reform lobby- (B) any applicant for a position that is to sibilities and functions of the House of Rep- be occupied by an individual described in ing registration and disclosure require- resentatives and the Senate under the Con- subparagraph (A) and whose claim of a viola- ments, to amend the gift rules of the stitution. tion under this Act arises out of the applica- Senate and the House of Representa- (b) PURPOSES.—The purposes of this Act tion; and tives, and to reform the Federal elec- are to eliminate gaps in coverage, extend (C) any individual who was formerly an tion laws applicable to the Congress; to coverage, and establish prompt, fair, and employee described in subparagraph (A) and the Committee on Governmental Af- independent dispute resolution and enforce- whose claim of a violation under this Act ment procedures, for rights and protections fairs. arises out of the employment. established by— (8) EMPLOYEE OF THE HOUSE OF REPRESENTA- COMPREHENSIVE CONGRESSIONAL REFORM ACT (1) title VII of the Civil Rights Act of 1964; TIVES.—The term ‘‘employee or the House of Mr. DASCHLE. Mr. President, I ask (2) the Fair Labor Standards Act of 1938; unanimous consent that the text of the (3) the Age Discrimination in Employment Representatives’’ means— Act of 1967; (A) an individual occupying a position the bill be printed in the RECORD. pay for which is disbursed by the Clerk of There being no objection the bill was (4) the Americans with Disabilities Act of 1990; the House of Representatives, or another of- ordered to be printed in the RECORD, as (5) the Rehabilitation Act of 1973; ficial designated by the House of Representa- follows: (6) the Family and Medical Leave Act of tives, or any employment position in a legis- S. 10 1993; lative service organization or other entity Be it enacted by the Senate and House of Rep- (7) the Occupational Safety and Health Act that is paid through funds derived from the resentatives of the United States of America in of 1970; and clerk-hire allowance of the House of Rep- Congress assembled, (8) chapter 71 of title 5, United States Code resentatives, including any such individual SECTION 1. SHORT TITLE. (commonly known as the ‘‘Federal Service employed by the Capitol Police, the Capitol This Act may be cited as the ‘‘Comprehen- Labor-Management Relations Statute’’). Guide Service, or the Office of the Attending sive Congressional Reform Act of 1995 ’’. (9) The Employee Polygraph Protection Physician, but not including an individual DIVISION A—EXTENSION OF RIGHTS AND Act of 1988. employed by the Congressional Budget Office PROTECTIONS, AND ASSOCIATED PRO- (10) The Worker Adjustment and Retrain- or the Architect of the Capitol; CEDURES ing Notification Act. (B) any applicant for a position described (11) Chapter 43 of title 38, United States SEC. 100. FINDINGS AND PURPOSES. in subparagraph (A) whose claim of a viola- Code (relating to veterans’ employment and tion under this Act arises out of the applica- (a) FINDINGS.—The Congress makes the fol- reemployment). lowing findings: tion; and SEC. 100A. DEFINITIONS. (1) All employees of the House of Rep- (C) any individual who was formerly an Except as otherwise specifically provided resentatives, of the Senate, and of the con- employee described in subparagraph (A) and in this Act, as used in this Act: gressional instrumentalities are entitled to whose claim of a violation under this Act (1) BOARD.—The term ‘‘Board’’ means the fundamental rights and protections provided arises out of the employment. Board of Directors of the Office of Congres- by law to private and other public employ- (9) EMPLOYEE OF THE SENATE.—The term sional Fair Employment Practices appointed ees. ‘‘employee of the Senate’’ means— under section 202. (2) The Congress has made notable progress (A) any employee whose pay is disbursed (2) CALENDAR DAY OF CONTINUOUS SESSION.— in ensuring that such rights and protections by the Secretary of the Senate, including The term ‘‘calendar day of continuous ses- are afforded to these legislative branch em- any such individual employed by the Capitol sion’’ means a calendar day other than one Police, the Capitol Guide Service, or the Of- ployees, by— on which either House is not in session be- fice of the Attending Physician, but not in- (A) extending to employees of the House of cause of an adjournment of more than three cluding an individual employed by the Archi- Representatives the provisions of the Civil days to a date certain. Rights Act of 1964, the Americans with Dis- tect of the Capitol; (3) CHAIR.—The term ‘‘Chair’’ means the abilities Act of 1990, the Family and Medical Chair of the Board of Directors of the Office (B) any applicant for a position that is to Leave Act of 1993, and the Fair Labor Stand- of Congressional Fair Employment Practices be occupied by an individual described in ards Act of 1938; appointed under section 202(b). subparagraph (A) and whose claim of a viola- (B) extending to employees of the Senate (4) COVERED EMPLOYEE.—The term ‘‘cov- tion under this Act arises out of the applica- the provisions of the Civil Rights Act of 1964, ered employee’’ means any employee of— tion; and the Age Discrimination in Employment Act (A) the House of Representatives; (C) any individual who was formerly an of 1967, the Rehabilitation Act of 1973, the (B) the Senate; employee described in subparagraph (A) and Americans with Disabilities Act of 1990, and (C) the Architect of the Capitol; whose claim of a violation under this Act the Family and Medical Leave Act of 1993; (D) the Congressional Budget Office; arises out of the employment. and (E) the Office of Technology Assessment; (10) EMPLOYING OFFICE.—The term ‘‘em- (C) extending to employees of congres- or ploying office’’ means the personal office of sional instrumentalities numerous rights (F) the Office of Congressional Fair Em- a Member of the House of Representatives or and protections under employment laws. ployment Practices. a Senator or any other office under the au- (3) The Congress should expand on this (5) DIRECTOR.—The term ‘‘Director’’ means thority of a head of an employing office. base of rights and protections by eliminating the Director of the Office of Congressional (11) GENERAL COUNSEL.—The term ‘‘General gaps in coverage and extending coverage so Fair Employment Practices appointed under Counsel’’ means the General Counsel of the as to assure to legislative branch employees section 203(a). Office of Congressional Fair Employment the rights and protections of laws on em- (6) EMPLOYEE OF THE ARCHITECT OF THE CAP- Practices appointed under section 203(c). ployment discrimination, family and medi- ITOL.—The term ‘‘employee of the Architect (12) HEAD OF AN EMPLOYING OFFICE.—The cal leave, fair labor standards, labor-man- of the Capitol’’, means— term ‘‘head of an employing office’’ means— agement relations, occupational safety and (A) any employee of the Architect of the (A) the Member of Congress or the officer health, polygraph protection and worker re- Capitol, the Botanic Garden, or the Senate or employee or board or other entity of the training. Restaurants; Congress that has final authority to appoint, (4) The Congress should likewise establish (B) any applicant for a position that is to hire, discharge, and set the terms, condi- prompt, fair, and independent processes to be occupied by an individual described in tions, or privileges of the employment of an resolve disputes and to enforce employee subparagraph (A) and whose claim of a viola- employee of the House of Representatives or rights and protections, building on and tion under this Act arises out of the applica- an employee of the Senate; and strengthening the dispute resolution and en- tion; and forcement procedures already established by (C) any individual who was formerly an (B) the Architect of the Capitol, the Direc- the Government Employees Rights Act of employee described in subparagraph (A) and tor of the Congressional Budget Office, the 1991 (2 U.S.C. 1201 et seq.), section 117 of the whose claim of a violation under this Act Director of the Office of Technology Assess- Civil Rights Act of 1991 (2 U.S.C. 60l), and arises out of the employment. ment, and the Board of the Office of Congres- other relevant statutes and rules of Con- (7) EMPLOYEE OF CERTAIN CONGRESSIONAL sional Fair Employment Practices. gress. INSTRUMENTALITIES.—The terms ‘‘employee For purposes of the minority staff of a com- (5) The extension of employee rights and of the Congressional Budget Office’’, ‘‘em- mittee, the ranking minority member shall protections affecting employees of the Archi- ployee of the Office of Technology Assess- be the head of the employing office. tect of the Capitol and the Capitol Police ment’’, and ‘‘employee of the Office of Con- (13) OFFICE.—The term ‘‘Office’’ means the should be accomplished in a manner that en- gressional Fair Employment Practices’’ Office of Congressional Fair Employment sures that they are treated in a consistent mean, respectively— Practices established under section 201. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 131

TITLE I—EXTENSION OF RIGHTS AND (2) SECTION 15 OF THE AGE DISCRIMINATION IN or judicial proceeding to seek a remedy for a PROTECTIONS, AND ASSOCIATED PRO- EMPLOYMENT ACT OF 1967.—Section 15(a) of the violation of the rights and protections af- CEDURES Age Discrimination in Employment Act of forded in this section except as provided in SEC. 101. RIGHTS AND PROTECTIONS UNDER 1967 (29 U.S.C. 633a(a)) is amended by— section 107. Only a covered employee who has LAWS AGAINST EMPLOYMENT DIS- (A) striking ‘‘legislative and’’; undertaken and completed the procedures CRIMINATION. (B) striking ‘‘branches’’ and inserting described in section 107 (1) through (3) may (a) DISCRIMINATORY PRACTICES PROHIB- ‘‘branch’’; and be granted relief under this section. ITED.— (C) inserting ‘‘Government Printing Office, (d) RULES TO IMPLEMENT SECTION.— (1) IN GENERAL.—All personnel actions af- the General Accounting Office, and the’’ (1) IN GENERAL.—Not later than January 3, fecting covered employees shall, in accord- after ‘‘and in the’’. 1996, the Board shall, pursuant to section 204, ance with the terms of this section, be made (3) SECTION 509 OF THE AMERICANS WITH DIS- issue any rules necessary to implement the free from any discrimination based on— ABILITIES ACT OF 1990.—Section 509 of the rights and protections under this section. (A) race, color, religion, sex, or national Americans with Disabilities Act of 1990 (42 (2) AGENCY REGULATIONS.—The rules pro- origin, within the meaning of section 717 of U.S.C. 12209) is amended— mulgated under paragraph (1) shall be the the Civil Rights Act of 1964 (42 U.S.C. 2000e– (A) by striking subsections (a) and (b) of same as substantive regulations promulgated 16); section 509; by the Secretary of Labor to implement the (B) age, within the meaning of section 15 of (B) in subsection (c), by striking ‘‘(c) IN- statutory provisions referred to in sub- the Age Discrimination in Employment Act STRUMENTALITIES OF CONGRESS.—’’ and in- sections (a) and (b) except insofar as the serting ‘‘The General Accounting Office, the of 1967 (29 U.S.C. 633a); or Board may determine, for good cause shown Government Printing Office, and the Library (C) handicap or disability, within the and stated together with the rule, that a dif- meaning of section 501 of the Rehabilitation of Congress shall be covered as follows:’’; ferent rule would better serve the purposes Act of 1973 (29 U.S.C. 791) and sections 102 (C) by striking the second sentence of para- of such statutory provisions and of this Act. through 104 of the Americans with Disabil- graph (2); (e) APPLICATION TO GENERAL ACCOUNTING ities Act of 1990 (42 U.S.C. 12112–12114). (D) in paragraph (4), by striking ‘‘instru- OFFICE AND LIBRARY OF CONGRESS.— (2) PROHIBITION OF INTIMIDATION OR RE- mentalities of the Congress include’’ and in- (1) FAMILY AND MEDICAL LEAVE ACT OF PRISAL.—Any intimidation of, or reprisal serting ‘‘the term instrumentality of the against, any covered employee because of Congress’ means’’, by striking ‘‘the Archi- 1993.—Section 101(4)(A) of the Family and the exercise of a right under section 107 or tect of the Capitol, the Congressional Budget Medical Leave Act of 1933 (29 U.S.C. 109 with respect to rights and protections Office’’, by inserting ‘‘and’’ before ‘‘the Li- 2611(4)(A)) is amended by striking ‘‘and’’ at under this Act constitutes an unlawful em- brary’’, and by striking ‘‘the Office of Tech- the end of clause (ii), by striking the period ployment practice, which may be remedied nology Assessment, and the United States at the end of clause (iii) and inserting ‘‘; in the same manner as is a violation of para- Botanic Garden’’; and’’, and by adding after clause (iii) the fol- graph (1). (E) by redesignating paragraph (5) as para- lowing: (b) AVAILABLE RELIEF.— graph (7) and by inserting after paragraph (4) ‘‘(iv) includes the General Accounting Of- (1) CIVIL RIGHTS.—The relief for a violation the following new paragraph: fice and the Library of Congress.’’. of subsection (a)(1)(A) shall be such relief as ‘‘(5) ENFORCEMENT OF EMPLOYMENT (2) CIVIL SERVICE EMPLOYEES.—Section would be appropriate if awarded under sec- RIGHTS.—The remedies, procedures, and 6381(1)(A) of title 5, United States Code, is tions 706(g) and 706(k) of the Civil Rights Act rights set forth in section 717 of the Civil amended by striking ‘‘and’’ after ‘‘District of of 1964 (42 U.S.C. 2000e–5(g) and 2000e–5(k), Rights Act of 1964 (42 U.S.C. 2000e–16) shall be Columbia’’ and inserting before the semi- and the same interest to compensate for available to any employee of an instrumen- colon the following: ‘‘, and any employee of delay in payment shall be available as in tality of the Congress who alleges a violation the General Accounting Office and the Li- cases involving nonpublic parties; and in- of the rights and protections under sections brary of Congress’’. cluding such compensatory damages (not ex- 102 through 104 of the Americans with Dis- (3) ENFORCEMENT.—Section 107 of the Fam- ceeding, for each complaining party, and ir- abilities Act of 1990 (42 U.S.C. 12112–12114) ily and Medical Leave Act of 1993 (29 U.S.C respective of the size of the employing office, that are made applicable by this section, ex- 2617) is amended by adding at the end the fol- the maximum amount available under sec- cept that the authorities of the Equal Em- lowing: tion 1977A(b)(3)(D)) of the Revised Statutes ployment Opportunity Commission shall be ‘‘(f) GENERAL ACCOUNTING OFFICE AND LI- (42 U.S.C. 1981a(b)(3)(D)) as would be appro- exercised by the chief official of each instru- BRARY OF CONGRESS.— priate if awarded under section 1977 and sec- mentality of the Congress.’’; and ‘‘(1) PROCEDURES.—Procedures for the en- tions 1977(A)(a) and (b)(2) of the Revised (F) by amending the title of the section to forcement of section 105 for the General Ac- Statutes (42 U.S.C. 1981, 1981a (a), and (b)(2)). read ‘‘INSTRUMENTALITIES OF THE CON- counting Office and the Library of Congress (2) AGE DISCRIMINATION.—The relief for a GRESS’’. shall be limited to the procedures described violation of subsection (a)(1)(B) shall be such (e) EFFECTIVE DATE.—This section shall be in subsection (a). relief as would be appropriate if awarded effective 9 months after the date of enact- ‘‘(2) SECRETARY OF LABOR.—In the case of under section 15(c) of the Age Discrimination ment of this Act. the General Accounting Office and the Li- in Employment Act of 1967 (29 U.S.C. 633a(c)). SEC. 102. RIGHTS AND PROTECTIONS UNDER THE brary of Congress, the authority of the Sec- (3) DISABILITIES DISCRIMINATION.—The re- FAMILY AND MEDICAL LEAVE ACT retary of Labor under this title shall be exer- lief for a violation of subsection (a)(1)(C) OF 1993. cised respectively by the head official of the shall be such relief as would be appropriate if (a) FAMILY AND MEDICAL LEAVE RIGHTS AND General Accounting Office and the Library of awarded under section 505(a) of the Rehabili- PROTECTIONS PROVIDED.— Congress.’’. tation Act of 1973 (29 U.S.C. 794a(a)(1)) or sec- (1) IN GENERAL.—The rights and protec- (f) EFFECTIVE DATE.—Subsection (a) tion 107(a) of the Americans with Disabilities tions established under sections 101 through through (d) shall be effective on the effective Act of 1990 (42 U.S.C. 12117(a)). 105 of the Family and Medical Leave Act of date of the rules issued under subsection (d) (4) PUNITIVE DAMAGES.—Punitive damages 1993 (29 U.S.C. 2611–2615) shall apply, in ac- or 1 year after the date of enactment of this shall not be available for a violation of sub- cordance with this section, with respect to Act, whichever is earlier. section (a). covered employees. (c) EXCLUSIVE PROCEDURES.—No covered (2) DEFINITIONS.—For purposes of the appli- SEC. 103. RIGHTS AND PROTECTIONS UNDER THE employee may commence an administrative cation described in paragraph (1)— FAIR LABOR STANDARDS ACT. or judicial proceeding to seek a remedy for (A) the term ‘‘eligible employee’’ means— (a) FAIR LABOR STANDARDS.— practices prohibited under this section ex- (i) any employee of the House of Rep- (1) IN GENERAL.—Subject to the limitations cept as provided in section 107. Only a cov- resentatives who has been employed for at in section 13(a)(1) of the Fair Labor Stand- ered employee who has undertaken and com- least 12 months on other than a temporary ards Act of 1938 (29 U.S.C. 213(a)(1)), the pleted the procedures described in section 107 or intermittent basis by any employing of- rights and protections established under sub- (1) through (3) may be granted relief under fice of the House of Representatives; and sections (a)(1) and (d) of section 6, section 7, this section. (ii) any employee of the Senate who has section 12(c), and section 15(a)(3) of such Act (d) CLARIFICATION OF APPLICATION TO GEN- been employed for at least 12 months on (29 U.S.C. 206 (a)(1) and (d), 207, 212(c), ERAL ACCOUNTING OFFICE, GOVERNMENT other than a temporary or intermittent basis 215(a)(3)) shall apply, in accordance with this PRINTING OFFICE, AND LIBRARY OF CON- by any employing office of the Senate; and section, with respect to covered employees. GRESS.— (B) the term ‘‘employer’’ means any em- (2) VOLUNTEER SERVICES EXCEPTED.—For (1) SECTION 717 OF THE CIVIL RIGHTS ACT OF ploying office. the purposes of this section, the term ‘‘em- 1964.—Section 717(a) of the Civil Rights Act of (b) AVAILABLE RELIEF.—The relief for a ployee’’ does not include any individual who 1964 (42 U.S.C. 2000e–16) is amended by— violation of subsection (a) shall be such re- volunteers to perform services under the (A) striking ‘‘legislative and’’; lief as would be appropriate if awarded under same conditions as would exclude an individ- (B) striking ‘‘branches’’ and inserting paragraph (1) or (3) of section 107(a) of the ual who volunteers to perform services for a ‘‘branch’’; and Family and Medical Leave Act of 1993 (29 State, a political subdivision of a State, or (C) inserting ‘‘Government Printing Office, U.S.C. 2617(a) (1) or (3)). an interstate governmental agency under the General Accounting Office, and the’’ (c) EXCLUSIVE PROCEDURES.—No covered section 3(e)(4)(A) of the Fair Labor Stand- after ‘‘and in the’’. employee may commence an administrative ards Act of 1938 (29 U.S.C. 203(e)(4)(A)). S 132 CONGRESSIONAL RECORD — SENATE January 4, 1995

(b) AVAILABLE RELIEF.—The relief for a through (3) may be granted relief under this (B) deprive an eligible employee of reem- violation of subsection (a) shall be such re- section. ployment rights within the meaning of sec- lief as would be appropriate if awarded under (d) RULES TO IMPLEMENT SECTION.—Not tions 4312 and 4313 of title 38, United States section 16(b) of the Fair Labor Standards Act later than January 3, 1997, the Board shall Code; or of 1938 (29 U.S.C. 216(b)). issue rules pursuant to section 204 on the (C) deprive an eligible employee of benefits (c) EXCLUSIVE PROCEDURES.—No covered manner and extent to which the require- within the meaning of sections 4316, 4317, and employee may commence an administrative ments, exemptions, and relief (except for 4318 of title 38, United States Code. or judicial proceeding to seek a remedy for a penalties) of the Employee Polygraph Pro- (2) DEFINITION.—For purposes of this sec- violation of the rights and protections af- tection Act of 1988 should apply to covered tion, the term ‘‘eligible employee’’ means a forded in this section except as provided in employees and offices of the legislative covered employee performing service in the section 107. Only a covered employee who has branch. In issuing such regulations, the uniformed services, within the meaning of undertaken and completed the procedures Board shall, to the greatest extent prac- section 4303(13) of title 38, United States described in section 107 (1) through (3) may ticable, be consistent with the provisions Code, whose service has not been terminated be granted relief under this section. and purposes of such Act and any regulations upon occurrence of any of the events enu- (d) RULES TO IMPLEMENT SECTION.— issued by the Secretary of Labor under such merated in section 4304 of title 38, United (1) IN GENERAL.—Not later than January 3, Act, and the purposes of this Act. States Code. 1996, the Board shall, pursuant to section 204, (e) EFFECTIVE DATE.—Subsections (a) and (3) COVERAGE.—For purposes of this sec- issue any rules necessary to implement the (b) shall be effective on the effective date of tion, the term ‘‘covered employee’’ shall in- rights and protections under this section. the rules issued under subsection (c) or on clude employees of the General Accounting (2) AGENCY REGULATIONS.—The rules pro- July 1, 1997, whichever is earlier; except that Office and the Library of Congress and the mulgated under paragraph (1) shall be the subsections (a) and (b) shall be effective with term ‘‘employing office’’ shall include the same as substantive regulations promulgated respect to the General Accounting Office and General Accounting Office and the Library of by the Secretary of Labor to implement the the Library of Congress 1 year after the com- Congress. statutory provisions referred to in sub- pletion of the study under section 112. (b) AVAILABLE RELIEF.—The relief for a sections (a) and (b) except insofar as the SEC. 105. RIGHTS AND PROTECTIONS UNDER violation of subsection (a) shall be such re- Board may determine, for good cause shown WORKER ADJUSTMENT AND RE- lief as would be appropriate if awarded under and stated together with the rule, that a dif- TRAINING ACT. section 4323(c)(1) of title 38, United States ferent rule would better serve the purposes (a) WORKER ADJUSTMENT AND RETRAINING Code. of such statutory provisions and of this Act. RIGHTS.— (c) EXCLUSIVE PROCEDURES.—No person (3) IRREGULAR WORK SCHEDULES.—As part of (1) IN GENERAL.—The rights and protec- may commence an administrative or judicial the rules under this subsection, the Board tions of the Worker Adjustment and Retrain- proceeding to seek a remedy for practices shall study and, pursuant to section 204, ing Notification Act (29 U.S.C. 2101 et seq.) prohibited under this section except as pro- issue rules establishing the manner and ex- shall apply, in accordance with this section, vided in section 107 and section 4314(c) of tent to which the requirements of this sec- with respect to covered employees. title 38, United States Code. Only a covered tion shall apply to covered employees whose (2) COVERAGE.—For purposes of this sec- employee who has undertaken and completed work schedule directly depends on the sched- tion, the term ‘‘covered employee’’ shall in- the procedures described in section 107 (1) ule of the House of Representatives or the clude employees of the General Accounting through (3) may be granted relief under this Senate. Such rules shall include provisions Office and the Library of Congress, and the section. comparable to the provisions in the Fair term ‘‘employing office’’ shall include the (d) RULES TO IMPLEMENT SECTION.— Labor Standards Act of 1938 that apply to General Accounting Office and the Library of (1) IN GENERAL.—Not later than January 3, private and public employees who have irreg- Congress. 1996, the Board shall, pursuant to section 204, ular work schedules. (b) AVAILABLE RELIEF.—The relief for a issue any rules necessary to implement the (e) CLARIFICATION OF APPLICATION TO THE violation of subsection (a) shall be such re- rights and protections under this section. GOVERNMENT PRINTING OFFICE.—Section lief as would be appropriate if awarded under (2) AGENCY REGULATIONS.—The rules pro- 3(e)(2)(A) of the Fair Labor Standards Act of section 5 of the Worker Adjustment and Re- mulgated under paragraph (1) shall be the 1938 (29 U.S.C. 203(e)(2)(A)) is amended— training Notification Act of 1988 (29 U.S.C. same as substantive regulations promulgated (1) in clause (iii), by striking ‘‘legislative 2104(a)). by the Secretary of Labor to implement the or’’, (c) EXCLUSIVE PROCEDURES.—No person statutory provisions referred to in sub- (2) by striking ‘‘or’’ at the end of clause may commence an administrative or judicial section (a) except to the extent that the (iv), proceeding to seek a remedy for any viola- Board may determine, for good cause shown (3) by striking the semicolon at the end of tion of or to enforce any rights and protec- and stated together with the regulation, that clause (v) and inserting ‘‘, or’’, and tions provided by this section except as pro- a different regulation would better serve the (4) by adding after clause (v) the following: vided in section 107. Only a covered employee purposes of such statutory provisions and of ‘‘(vi) the Government Printing Office;’’. who has undertaken and completed the pro- this Act. (f) EFFECTIVE DATES.—Subsections (a) cedures described in section 107 (1) through (e) EFFECTIVE DATE.—This section shall be through (c) shall be effective on the effective (3) may be granted relief under this section. effective on the effective date of the regula- date of the rules issued under subsection (d) (d) RULES TO IMPLEMENT SECTION.—Not tions issued under subsection (d) or on July or on July 1, 1996, whichever is earlier. later than January 3, 1997, the Board shall 1, 1997, whichever is earlier; except that sub- SEC. 104. RIGHTS AND PROTECTIONS UNDER EM- issue rules pursuant to section 204 on the sections (a) and (b) shall be effective with re- PLOYEE POLYGRAPH PROTECTION manner and extent to which the require- spect to the General Accounting Office and ACT. ments, exemptions, and relief of the Worker the Library of Congress 1 year after the com- (a) POLYGRAPH PROTECTION RIGHTS.— Adjustment and Retraining Act should apply pletion of the study under section 112. (1) IN GENERAL.—The rights and protec- to covered employees and employing offices. SEC. 107. PROCEDURES FOR REMEDY OF EM- tions of the Employee Polygraph Protection In issuing such regulations, the Board shall, PLOYMENT DISCRIMINATION, FAM- Act of 1988 (29 U.S.C. 2001 et seq.) shall apply, to the greatest extent practicable, be con- ILY AND MEDICAL LEAVE, AND FAIR in accordance with this section, with respect sistent with the provisions and purposes of LABOR STANDARDS VIOLATIONS. to covered employees. such Act and any regulations issued by the The exclusive procedures for remedy of (2) COVERAGE.—For purposes of this sec- Secretary of Labor under such Act, and the violations of sections 101, 102, 103, 104, 105, tion, the term ‘‘covered employee’’ shall in- purposes of this Act. and 106 shall be as follows: clude employees of the General Accounting (e) EFFECTIVE DATE.—Subsections (a) and (1) COUNSELING.—Any covered employee al- Office, the Library of Congress, and the term (b) shall be effective on the effective date of leging a violation of section 101, 102, 103, 104, ‘‘employing office’’ shall included the Gen- the rules issued under subsection (c) or on 105, or 106 may request counseling by the Of- eral Accounting Office and the Library of July 1, 1997, whichever is earlier; except that fice. Such counseling shall be conducted pur- Congress. subsections (a) and (b) shall be effective with suant to the provisions of section 301 and (b) AVAILABLE RELIEF.—The relief for a respect to the General Accounting Office and shall be requested within the time specified violation of subsection (a) shall be such re- the Library of Congress 1 year after the com- in section 307. lief as would be appropriate if awarded under pletion of the study under section 112. (2) MEDIATION.—Not later than 15 days section 6(c)(1), (3) of the Employee Polygraph SEC. 106. RIGHTS AND PROTECTIONS UNDER after the Office gives notification to an em- Protection Act of 1988 (29 U.S.C. 20005(c)(1), CHAPTER 43 OF TITLE 38, UNITED ployee pursuant to section 301(d) of the end (3)). STATES CODE. of the period of counseling under paragraph (c) EXCLUSIVE PROCEDURES.—No covered (a) EMPLOYMENT AND REEMPLOYMENT (1), the employee may file a request for me- employee may commence an administrative RIGHTS OF MEMBERS OF THE UNIFORMED diation with the Office. On the filing of such or judicial proceeding to seek a remedy for SERVICES.— a request, the Office shall conduct mediation any violation of or to enforce any rights and (1) IN GENERAL.—It shall be unlawful for an in accordance with section 302. protections provided by this section except employing office to— (3) CHOICE OF ADJUDICATORY PROCEEDING.— as provided in section 107. Only a covered (A) discriminate, within the meaning of Not later than 90 days after the Office gives employee who has undertaken and completed sections 4311(a) and 4311(b) of title 38, United notice pursuant to section 302(f) of the end of the procedures described in sections 107 (1) States Code, against an eligible employee; the period of mediation, but not sooner than January 4, 1995 CONGRESSIONAL RECORD — SENATE S 133

30 days after such notification, an employee tity listed in subsection (a) may file a charge ERNMENT PRINTING OFFICE, AND THE LIBRARY may either— with the General Counsel. The General Coun- OF CONGRESS.—Section 509 of the Americans (A) file a formal complaint with the Office sel shall investigate the charge. with Disabilities Act of 1990 (42 U.S.C. 12209), in accordance with section 303; or (2) MEDIATION.—If, upon investigation as amended by section 101(d), is amended by (B) file a civil action in the United States under paragraph (1), the General Counsel be- adding the following new paragraph: district court for the district in which the lieves that a violation of subsection (b) may ‘‘(6) ENFORCEMENT OF RIGHTS TO PUBLIC employee is employed or for the District of have occurred and that mediation may be SERVICES AND ACCOMMODATIONS.—The rem- Columbia, subject to the provisions of sec- helpful in resolving the dispute, the General edies, procedures, and rights set forth in sec- tion 306. Counsel may request mediation under sec- tion 717 of the Civil Rights Act of 1964 (42 (4) APPEAL TO THE BOARD.—Any party ag- tion 302 between the charging individual and U.S.C. 2000e–16) shall be available to any grieved by a final decision of the hearing of- the entity or entities responsible for causing qualified person with a disability who is a ficer with respect to a formal complaint filed or remedying the alleged violation. visitor, guest, or patron of an instrumental- with the Office pursuant to paragraph (3)(A) (3) COMPLAINT, HEARING, BOARD REVIEW.—If ity of Congress and who alleges a violation of may appeal to the Board pursuant to section mediation under paragraph (2) has not suc- the rights and protections under sections 201 304 not later than 30 days after the entry of ceeded in resolving the dispute, and if the through 230, 302, and 303 of the Americans the final decision of a hearing officer under General Counsel believes that a violation of with Disabilities Act of 1990 (42 U.S.C. 12131– section 303(g). subsection (b) has occurred, the General 12150, 12182–83) that are made applicable by (5) JUDICIAL REVIEW.—Any party aggrieved Counsel may file with the Office a complaint this section, except that the authorities of by a final decision of the Board under para- against the entity or entities. The complaint the Equal Employment Opportunity Com- graph (4) may file a petition for review in the shall be submitted to a hearing officer for mission shall be exercised by the chief offi- United States Court of Appeals for the Fed- decision pursuant to section 303, subject to cial of the instrumentality of the Congress.’’. eral Circuit pursuant to section 305 not later review by the Board pursuant to section 304. than 90 days after the entry of the final deci- (4) JUDICIAL REVIEW.—The charging indi- SEC. 109. RIGHTS AND PROTECTIONS UNDER THE sion of the Board under section 304(e). vidual or the entity or entities respondent to OCCUPATIONAL SAFETY AND SEC. 108. RIGHTS AND PROTECTIONS UNDER THE the complaint, if aggrieved by a final deci- HEALTH ACT OF 1970; PROCEDURES AMERICANS WITH DISABILITIES ACT sion of the Board under paragraph (3), may FOR REMEDY OF VIOLATIONS. OF 1990 RELATING TO PUBLIC SERV- file a petition for review in the United States (a) OCCUPATIONAL SAFETY AND HEALTH PRO- ICES AND ACCOMMODATIONS; PRO- Court of Appeals for the Federal Circuit, pur- TECTIONS.— CEDURES FOR REMEDY OF VIOLA- (1) IN GENERAL.—Each employing office and TIONS. suant to section 305. each covered employee (and representatives (a) ENTITIES SUBJECT TO THIS SECTION.— (5) EXCLUSIVE PROCEDURES.—No person of such employee) shall comply with provi- The requirements of this section shall apply may commence an administrative or judicial sions of section 5 of the Occupational Safety to— proceeding to seek a remedy for violation of and Health Act of 1970 (29 U.S.C. 654). The du- (1) each office of the Senate; the rights and protections afforded in this ties, rights, and protections of sections 8, 9, (2) each office of the House of Representa- section except as provided in this subsection. tives; Only a qualified individual with a disability and 11(c) of the Occupational Safety and (3) each joint committee of the Congress; who has filed a charge with the General Health Act of 1970 (29 U.S.C. 657, 658 and (4) the Office of the Architect of the Cap- Counsel under this subsection may be grant- 660(c)) shall apply with respect to each em- itol (including the Senate Restaurants and ed relief under this section. ploying office and each covered employee the Botanic Garden); (e) RULES TO IMPLEMENT SECTION.— (and representatives of such employee). For (5) the Capitol Guide Service; (1) IN GENERAL.—Not later than January 3, purposes of the application under this sec- (6) the Capitol Police; 1996, the Board shall, pursuant to section 204, tion of the Occupational Safety and Health (7) the Congressional Budget Office; issue rules necessary to implement the Act of 1970, the term ‘‘employer’’ as used in (8) the Office of Technology Assessment; rights and protections under this section. such Act or in this section means any em- and (2) AGENCY REGULATIONS.—The rules pro- ploying office and the term ‘‘employee’’ (9) the Office of Congressional Fair Em- mulgated under paragraph (1) shall be the means any covered employee. ployment Practices. same as substantive regulations promulgated (2) COVERAGE.—For purposes of the applica- (b) DISCRIMINATION IN PUBLIC SERVICES.— by the Attorney General and the Secretary tion under this section of the Occupational (1) RIGHTS AND PROTECTIONS.—The rights of Transportation to implement the statu- Safety and Health Act of 1970, the term ‘‘em- and protections against discrimination in tory provisions referred to in subsections (b) ployer’’ as used in such Act means an em- the provision of public services established and (c) except to the extent that the Board ploying office and the term ‘‘employee’’ under sections 201 through 230, 302, 303, 309, may determine, for good cause shown and means a covered employee. For purposes of 503(a), and 503(b) of the Americans with Dis- stated together with the rule, that a dif- this section, the term ‘‘employing office’’ in- abilities Act of 1990 (42 U.S.C. 12131–12150, ferent rule would better serve the purposes cludes the General Accounting Office and the 12182-12183, 12189, 12203(a), 12203(b)) shall of such statutory provisions and of this Act. Library of Congress, and the term ‘‘em- apply, pursuant to the terms of this section, (f) EFFECTIVE DATES.—Subsections (b), (c), ployee’’ includes employees of the General to the entities listed in subsection (a). and (d) shall be effective on the effective Accounting Office and the Library of Con- (2) COVERAGE.—The rights and protections date of the rules issued under subsection (e) gress. of paragraph (1) shall apply, pursuant to the or on July 1, 1996, whichever is earlier. (b) AVAILABLE REMEDIES.—The remedies terms of this section, to any qualified indi- (g) INSPECTION; REPORT TO CONGRESS.— for a violation of subsection (a) shall be such vidual with a disability (as defined in section (1) INSPECTION.—On a regular basis, and at remedies, except penalties, as would be ap- 201(2) of the Americans with Disabilities Act least once each Congress, the General Coun- propriate if awarded under sections 9(a), of 1990 (42 U.S.C. 12131(2)), except that, with sel shall inspect the facilities of Congress 10(c), and 11(c)(2) of the Occupational Safety respect to any claims of employment dis- and of congressional instrumentalities listed and Health Act of 1970 (29 U.S.C. 658(a), crimination asserted by any covered em- in subsection (a) to ensure compliance with 659(c), and 660(c)(2)). ployee, the exclusive remedy shall be under subsection (b). (c) AVAILABLE PROCEDURES.— section 101. (2) REPORT.—On the basis of these inspec- (1) INSPECTIONS, INVESTIGATIONS; AUTHORI- (3) DEFINITIONS.—For purposes of the appli- tions, the General Counsel shall, at least TIES OF THE GENERAL COUNSEL.—For purposes cation of the Americans with Disabilities once every Congress, prepare and submit a of this section and in the manner provided in Act of 1990 under this section, the term ‘‘pub- report to the Speaker of the House of Rep- this section, the General Counsel shall exer- lic entity’’ means any entity listed in sub- resentatives and the President pro tempore cise the authorities granted to the Secretary section (a). For purposes of this section, an of the Senate containing the results of the of Labor by subsections (a) and (f) of section office of the Senate or an office of the House inspection, describing any steps necessary to 8 of the Occupational Safety and Health Act of Representatives means, respectively, a correct any violations of this section, assess- of 1970 (29 U.S.C. 657 (a) and (f)) to inspect unit of the Senate or the House of Represent- ing any limitations in accessibility to and and investigate places of employment under atives that provides public services, within usability by individuals with disabilities as- the jurisdiction of employers. Any employer, the meaning of sections of the Americans sociated with each violation, and the esti- employee, or representative of employees with Disabilities Act of 1990 as applied by mated cost and time needed for abatement. may submit written requests to the General paragraph (1). (3) DETAILS.—The Attorney General, the Counsel to conduct an inspection. (c) AVAILABLE RELIEF.—The relief for a vio- Secretary of Transportation, and the Archi- (2) CITATIONS, NOTICES, NOTIFICATIONS; AU- lation of subsection (b) shall be such relief as tectural and Transportation Barriers Com- THORITIES OF THE GENERAL COUNSEL.— would be appropriate if awarded under sec- pliance Board may, on request of the Office, (A) IN GENERAL.—For purposes of this sec- tion 203 or 503(c) of the Americans with Dis- detail to the Office such personnel as may be tion and in the manner provided in this sec- abilities Act of 1990 (42 U.S.C. 12133 or necessary to advise and assist the Office in tion, the General Counsel shall exercise the 12203(c)). carrying out its duties under this section. authorities granted to the Secretary of (d) AVAILABLE PROCEDURES.— (h) APPLICATION OF AMERICANS WITH DIS- Labor in sections 9 and 10 of the Occupa- (1) CHARGE FILED WITH GENERAL COUNSEL.— ABILITIES ACT OF 1990 TO THE PROVISION OF tional Safety and Health Act of 1970 (29 A qualified individual with a disability who PUBLIC SERVICES AND ACCOMMODATIONS BY U.S.C. 658 and 659), to issue, subject to the alleges a violation of subsection (b) by an en- THE GENERAL ACCOUNTING OFFICE, THE GOV- procedures in subparagraph (B)— S 134 CONGRESSIONAL RECORD — SENATE January 4, 1995

(i) a citation or notice to any employer (D) PETITION FOR REVIEW.—The charging SEC. 110. APPLICATION OF FEDERAL SERVICE that the General Counsel believes is in viola- employee or any employing office respondent LABOR-MANAGEMENT RELATIONS tion of subsection (a); or to the complaint, if aggrieved by a final deci- STATUTE; PROCEDURES FOR IMPLE- MENTATION AND ENFORCEMENT. (ii) a notification to any employer that the sion of the Board under this paragraph, may (a) LABOR-MANAGEMENT RIGHTS.—Subject General Counsel believes has failed to cor- file a petition for review with the United rect a violation for which a citation has been to subsection (d), the rights, protections, and States Court of Appeals for the Federal Cir- responsibilities established under sections issued within the period permitted for its cuit, pursuant to section 305. correction. 7102, 7103, 7106, 7111 through 7117, and 7119 (E) RELIEF.—Only a covered employee who (B) APPROPRIATE EMPLOYER.—A citation or through 7122 of title 5, United States Code, has filed a charge with the General Counsel notification may not be issued to an em- shall apply, pursuant to this section, to em- ployer that is neither responsible for having under this paragraph may be granted relief ploying offices and to covered employees and caused nor responsible for correcting a viola- under this section. representatives of those employees. For pur- tion. Appropriation of insufficient funds (7) EXCLUSIVE PROCEDURES.—No covered poses of the application under this section of shall not indicate a lack of responsibility for employee or representative of such employ- the sections referred to in the preceding sen- having caused or for correcting a violation. ees may commence any administrative or ju- tence, the term ‘‘agency’’ shall be deemed to If correction of a violation requires action by dicial proceeding to seek a remedy for a vio- include an employing office. the Architect of the Capitol, the General lation of the rights and protections afforded (b) AUTHORITIES AND PROCEDURES FOR IM- Counsel may name the Architect of the Cap- in this section except as provided in this sub- PLEMENTATION AND ENFORCEMENT.— itol in the citation or notification as an ad- section. (1) GENERAL AUTHORITIES OF THE BOARD; PE- ditional respondent. (d) RULES TO IMPLEMENT SECTION.— TITIONS.—For purposes of this section and ex- (3) HEARINGS, REVIEW; AUTHORITIES OF THE (1) IN GENERAL.—Not later than July 1, cept as otherwise provided in this section, BOARD.—For purposes of this section and ex- 1996, the Board shall, pursuant to section 204, the Board shall exercise the authorities of cept as otherwise provided in this section, issue rules necessary to implement the the Federal Labor Relations Authority under sections 7105, 7111 through 7113, 7115, 7117, the Board shall exercise the authorities rights and protections under this section. granted to the Occupational Safety and 7118, and 7122 of title 5, United States Code, (2) AGENCY REGULATIONS.—The rules pro- Health Review Commission in section 10(c) and of the President under section 7103(b) of mulgated under paragraph (1) shall be the of the Occupational Safety and Health Act of title 5, United States Code. For purposes of 1970 (29 U.S.C. 659(c)) and to the Secretary of same as standards and other substantive reg- this section, any petition or other submis- Labor (with respect to affirming or modify- ulations promulgated by the Secretary of sion that, under chapter 71 of title 5, United ing abatement requirements), to hear objec- Labor to implement the statutory provisions States Code, would be submitted to the Fed- tions and requests with respect to citations referred to in subsections (a) and (b) except eral Labor Relations Authority shall, if and notifications. The Board may refer dis- to the extent that the Board may determine, brought under this section, be submitted to puted matters under this paragraph to a for good cause shown and stated together the Board. The Board may refer any matter hearing officer pursuant to section 303, sub- with the rule, that a different rule would under this paragraph to a hearing officer for ject to review by the Board pursuant to sec- better serve the purposes of such statutory decision pursuant to section 303, subject to tion 304. provisions and of this Act. review by the Board pursuant to section 304. (4) VARIANCE PROCEDURES.—For the pur- (e) EFFECTIVE DATES.—Subsections (a) The Board may direct that the General poses of this section and except as otherwise through (c) shall be effective on the effective Counsel carry out the Board’s investigative provided by this section, the Board shall ex- date of the rules issued under subsection (d) authorities under this paragraph. ercise the authorities granted to the Sec- or on January 3, 1997, whichever is earlier; (2) GENERAL AUTHORITIES OF THE GENERAL retary of Labor in section 6(b)(6) of the Occu- except that subsections (a) and (b) shall be COUNSEL; CHARGES OF UNFAIR LABOR PRAC- pational Safety and Health Act of 1970 (29 effective with respect to the General Ac- TICE.—For purposes of this section and ex- U.S.C. 655(b)(6)) to act on any request by an counting Office and the Library of Congress cept as otherwise provided in this section, employer applying for a temporary order 1 year after the completion of the study the General Counsel shall exercise the au- granting a variance from a standard. The thorities of the General Counsel of the Fed- under section 112. Board may refer the matter to a hearing offi- eral Labor Relations Authority under sec- (f) INSPECTION; REPORT TO CONGRESS; INI- cer pursuant to section 303, subject to review tions 7104 and 7118 of title 5, United States TIAL STUDY.— by the Board pursuant to section 304. Code. For purposes of this section, any (1) INSPECTIONS.—On a regular basis, and at (5) JUDICIAL REVIEW.—The General Counsel, charge or other submission that, under chap- or an employing office that is a respondent least once each Congress, the General Coun- ter 71 of title 5, United States Code, would be to a complaint and is aggrieved by a final de- sel shall inspect the facilities of the House of submitted to the General Counsel of the Fed- cision of the Board under paragraph (3) or Representatives, the Senate, the Architect of eral Labor Relations Authority shall, if (4), may file a petition for review with the the Capitol, the Congressional Budget Office, brought under this section, be submitted to United States Court of Appeals for the Fed- the Office of Technology Assessment, and the General Counsel. If any person charges eral Circuit pursuant to section 305. the Office of Congressional Fair Employment an employing office or a labor organization (6) PROCEDURES REGARDING CLAIMS OF IN- Practices to ensure compliance with sub- with having engaged in or engaging in an un- TIMIDATION OR REPRISAL; AUTHORITIES OF GEN- section (a). fair labor practice, the General Counsel shall ERAL COUNSEL.— (2) REPORT.—On the basis of these inspec- investigate the charge and may issue a com- (A) CHARGE FILED WITH GENERAL COUNSEL.— tions, the General Counsel shall, at least plaint. The complaint shall be submitted to Any employee who believes that he or she once every Congress, prepare and submit a a hearing officer for decision pursuant to has been discharged or otherwise discrimi- report to the Speaker of the House of Rep- section 303, subject to review by the Board nated against in violation of section 11(c) of resentatives and the President pro tempore pursuant to section 304. the Occupational Safety and Health Act of of the Senate containing the results of the (3) EXERCISE OF IMPASSES PANEL AUTHORITY; 1970 (29 U.S.C. 660(c)) as made applicable by inspection, describing any steps necessary to REQUESTS.—For purposes of this section and this section, may, within 30 days after such correct any violations of this section, assess- except as otherwise provided in this section, violation occurs, file a charge with the Office ing any risks to employee health and safety the Board shall exercise the authorities of alleging such discrimination. The General associated with each violation, and the esti- the Federal Service Impasses Panel under Counsel shall investigate the charge. mated cost and time needed for abatement. section 7119 of title 5, United States Code. (B) MEDIATION.—If, upon investigation (3) DETAILS.—The Secretary of Labor may, For purposes of this section, any request under subparagraph (A), the General Counsel on request of the Office, detail to the Office that, under chapter 71 of title 5, United believes that a violation of section 11(c) of such personnel as may be necessary to advise States Code, would be presented to the Fed- the Occupational Safety and Health Act may and assist the Office in carrying out its du- eral Service Impasses Panel shall, if made have occurred, the General Counsel may re- under this section, be presented to the ties under this section. quest mediation under section 302 between Board. At the request of the Board, the Di- (4) INITIAL PERIOD FOR STUDY AND CORREC- the charging employee and the employer rector shall appoint a mediator or mediators TIVE ACTION.—The period from the date of en- that is alleged to have committed the viola- to perform the functions of the Federal Serv- tion. actment of this Act until January 3, 1997, ice Impasses Panel under section 7119 of title shall be available to employing offices to (C) COMPLAINT, HEARING, BOARD REVIEW.—If 5, United States Code. mediation under subparagraph (B) has not identify any violations of subsection (a), to (4) JUDICIAL REVIEW.—Except for matters succeeded in resolving the dispute, and if the determine the costs of coming into compli- referred to in paragraphs (1) and (2) of sec- General Counsel believes that a violation of ance, and to take any necessary corrective tion 7123(a) of title 5, United States Code, the section 11(c) of the Occupational Safety and action to cure any violations. The Office charging individual or the entity or entities Health Act of 1970 has occurred, the General shall assist employing offices by arranging respondent to the complaint, if aggrieved by Counsel may file with the Office a complaint for inspections and other technical assist- a final decision of the Board pursuant to this against the employer. The complaint shall be ance at their request. By July 1, 1996, the section may file a petition for judicial re- submitted to a hearing officer for decision General Counsel shall conduct a thorough in- view in the United States Court of Appeals pursuant to section 303, subject to review by spection under paragraph (1) and shall sub- for the Federal Circuit pursuant to section the Board pursuant to section 304. mit a report under paragraph (2). 305. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 135

(5) EXCLUSIVE PROCEDURES.—No covered the Chief Deputy Minority Whips and the fol- SEC. 112. STUDY AND RECOMMENDATIONS RE- employee or representative of such employ- lowing offices within the Office of the Clerk GARDING GENERAL ACCOUNTING ees may commence an administrative or ju- of the House of Representatives: Offices of OFFICE, GOVERNMENT PRINTING dicial proceeding to seek a remedy for any OFFICE, AND LIBRARY OF CON- Legislative Operations, Official Reporters of GRESS. violation of or to enforce any rights and pro- Debate, Official Reporters to Committees, tections provided by this section except as (a) IN GENERAL.—The Board shall under- Printing Services, and Legislative Informa- take a study of— provided in this subsection. tion; (c) RULES TO IMPLEMENT SECTION.— (1) the application of the laws listed in sub- (E) the Office of the Legislative Counsel of (1) IN GENERAL.—Not later than January 3, section (b) to— the Senate, the Office of the Senate Legal 1996, except with respect to the offices listed (A) the General Accounting Office; in subsection (d)(2), the Board shall pursuant Counsel, the Office of the Legislative Coun- (B) the Government Printing Office; to section 204, issue rules necessary to imple- sel of the House of Representatives, the Of- (C) the Library of Congress; and ment the rights and protections under this fice of the General Counsel of the House of (D) any other entity in the legislative section. Representatives, the Office of the Par- branch of the Government not covered by all (2) AGENCY REGULATIONS.—The rules pro- liamentarian of the House of Representa- of the sections of this title; and mulgated under paragraph (1) shall be the tives; (2) the regulations and procedures used by same as substantive regulations promulgated (F) the offices of any caucus or party orga- the instrumentalities and other entities re- by the Federal Labor Relations Authority to nization; and ferred to in paragraph (1) to apply and en- implement the statutory provisions referred (G) the Congressional Budget Office, the force such laws to themselves and their em- to in subsection (a) except to the extent that Office of Technology Assessment, and the Of- ployees. as the Board may determine, for good cause fice of Congressional Fair Employment Prac- (b) APPLICABLE STATUTES.—The study shown and stated together with the rule, tices. under this section shall consider the applica- tion of the following laws: that a different rule would better serve the (e) EFFECTIVE DATE.— purposes of such statutory provisions and of (1) Title VII of the Civil Rights Act of 1964 (1) IN GENERAL.—Except as provided in this Act. (42 U.S.C. 2000e et seq.), and related provi- paragraph (2), subsections (a) and (b) shall be (d) RULEMAKING REGARDING APPLICATION TO sions of section 2302 of title 5, United States effective on the effective date of the rules is- CERTAIN OFFICES AND INSTRUMENTALITIES OF Code. sued under subsection (c), or on July 1, 1996, CONGRESS.— (2) The Age Discrimination in Employment (1) RULES REQUIRED.—Not later than July whichever is earlier. Act of 1967 (29 U.S.C. 621 et seq.), and related 1, 1996, the Board shall issue rules pursuant (2) CERTAIN OFFICES.—With respect to the provisions of section 2302 of title 5, United to section 204 on the manner and extent to offices listed in subsection (d)(2), to the cov- States Code. which the requirements and exemptions of ered employees of such offices, and to rep- (3) The Americans with Disabilities Act of chapter 71 of title 5, United States Code, resentatives of such employees, subsections 1990 (42 U.S.C. 12101 et seq.), and related pro- should apply to covered employees who are (a) and (b) shall be effective on the effective visions of section 2302 of title 5, United employed in the offices listed in paragraph date of rules issued under subsection (d) and States Code. (2). In issuing such regulations, the Board approved under section 204(d)(2). (4) The Family and Medical Leave Act of shall, to the greatest extent practicable, be 1993 (29 U.S.C. 2611 et seq.), and related provi- consistent with the provisions and purposes SEC. 111. APPLICATION OF OTHER LAWS TO CON- sions of sections 6381 through 6387 of title 5, of chapter 71 of title 5, United States Code, GRESS. United States Code. and regulations issued by the Federal Labor (A) STUDY AND RECOMMENDATIONS OF (5) The Fair Labor Standards Act of 1938 (29 Relations Authority under such chapter, and BOARD.—On December 31, 1996, and updated U.S.C. 201 et seq.), and related provisions of the purposes of this Act, and shall also con- every 2 years thereafter, the Board shall sections 5541 through 5550a of title 5, United sider— issue a report— States Code. (A) the possibility of any conflict of inter- (1) reviewing whether, and to what degree, (6) The Occupational Safety and Health est or appearance of a conflict of interest; provisions of Federal law and regulations re- Act of 1970 (29 U.S.C. 651 et seq.), and related (B) national security; and lating to— provisions of section 7902 of title 5, United (C) Congress’s constitutional responsibil- (A) the terms and conditions of employ- States Code. ities. ment (including hiring, promotion and demo- (7) The Rehabilitation Act of 1973 (29 U.S.C. (2) OFFICES REFERRED TO.—The offices re- tion, salary, wages, overtime compensation, 501 et seq.). ferred to in paragraph (1) are— benefits, work assignments or (8) Chapter 71 of title 5, United States (A) the personal office of any Member of reassignments, termination, protection from Code. the House of Representatives or of any Sen- discrimination in personnel actions, health (9) The General Accounting Office Person- ator; and safety of employees and family and med- nel Act of 1980 (31 U.S.C. subchapter III of (B) a standing, select, special, permanent, ical leave) of employees, and chapter 7). temporary, or other committee of the Senate (10) The Employee Polygraph Protection (B) discrimination in the provision of (in- or House of Representatives, or a joint com- Act of 1988 (29 U.S.C. et seq.). cluding access to) public services and accom- mittee of Congress; (11) The Worker Adjustment and Retrain- modations, (C) the Office of the Vice President (as ing Notification Act (29 U.S.C. 2101 et seq.). President of the Senate), the Office of the are applicable or inapplicable to officers and (12) Chapter 43 of title 38, United States President pro tempore of the Senate, the Of- employees within the legislative branch and Code (relating to veterans’ employment and fice of the Majority Leader of the Senate, to users of public services and accommoda- reemployment). the Office of the Minority Leader of the Sen- tions provided the legislative branch, and, (c) CONTENTS OF STUDY AND RECOMMENDA- ate, the Office of the Majority Whip of the (2) stating recommendations of the Board TIONS.—The study under this section shall Senate, the Office of the Minority Whip of as to whether such provisions should be evaluate whether the rights, protections, and the Senate, the Conference of the Majority of made applicable to the legislative branch or procedures applicable to the congressional the Senate, the Conference of the Minority should be otherwise modified. instrumentalities and other entities referred of the Senate, the Office of the Secretary of Such recommendations shall be printed in to in subsection (a) and their employees are the Conference of the Majority of the Senate, the Congressional Record, and such report at least as comprehensive and effective as the Office of the Secretary of the Conference shall be referred to the committees of the those required by this title and title III, and of the Minority of the Senate, the Office of House of Representatives and the Senate shall include recommendations for any im- the Secretary for the Majority of the Senate, with jurisdiction. provements in such regulations and proce- the Office of the Secretary for the Minority (b) REPORTS OF CONGRESSIONAL COMMIT- dures and for any legislation. of the Senate, the Majority Policy Commit- TEES.—Each report accompanying a bill or (d) INSPECTION OF FACILITIES.—In prepara- tee of the Senate, the Minority Policy Com- joint resolution of a public character re- tion of the study under this section, the Gen- mittee of the Senate, and the following of- ported by a committee of the House of Rep- eral Counsel shall inspect the facilities of fices within the Office of the Secretary of the the congressional instrumentalities and resentatives or the Senate (except the Com- Senate: Offices of the Parliamentarian, Bill other entities referred to in subsection (a) to mittee on Appropriations and the Committee Clerk, Legislative Clerk, Journal Clerk, Ex- determine the extent of compliance with the on the Budget of either House) shall— ecutive Clerk, Enrolling Clerk, and Official requirements referred to in paragraphs (3), Reporter of Debate, Daily Digest, Printing (1) describe the manner in which the provi- (6), and (7) of subsection (b). The study shall Services, Captioning Services, and Senate sions of the bill or joint resolution that describe the results of the inspection, includ- Chief Counsel for Employment. apply to the Congress and to congressional ing any steps necessary to correct any viola- (D) the office of the Speaker of the House instrumentalities; or tions of these requirements, and assessing of Representatives, the Office of the Major- (2) in the case of a provision not applicable any risks to employee health and safety or ity Leader of the House of Representatives, to the Congress and to congressional instru- any limitations in accessibility to and the Office of the Minority Leader of the mentalities, include a statement of the rea- usability by individuals with disabilities as- House of Representatives, the Offices of the sons the provision does not apply. sociated with each violation, and the esti- Chief Deputy Majority Whips, the Offices of mated cost and time needed for abatement. S 136 CONGRESSIONAL RECORD — SENATE January 4, 1995 The Secretary of Labor, the Attorney Gen- (iii) a covered employee or otherwise an any period when the position of the Chair is eral, the Secretary of Transportation, and employee of an instrumentality or other en- vacant, the other members shall, by major- the Architectural and Transportation Bar- tity of the legislative branch; or ity vote, designate any member as Acting riers Compliance Board may, on request of (C) during the period of service engages in, Chair. The Acting Chair may act in the place the Office, detail to the Office such personnel or is otherwise employed in, lobbying of the and stead of the Chair during his or her ab- as may be necessary to advise and assist the Congress and who is required under the Fed- sence or when the position of the Chair is va- Office in carrying out its duties under this eral Regulation of Lobbying Act to register cant. section. with the Clerk of the House of Representa- (i) MEETINGS.—The Board shall meet at (e) DEADLINE AND DELIVERY OF STUDY.—Not tives or the Secretary of the Senate. least once annually. later than July 1, 1996, the Board shall pre- (d) TIME FOR ORIGINAL BOARD APPOINT- (j) QUORUM; ACTION BY MAJORITY VOTE.—A pare and complete the study and rec- MENTS.—All members shall be appointed to quorum for the transaction of business shall ommendations required under this section the Board pursuant to subsection (b) not consist of at least 3 members present. Each and shall submit the study and recommenda- later than 120 days after the date of enact- member, including the Chair, shall have one tions to the head of each instrumentality or ment of this Act. vote. Actions of the Board shall be deter- other entity considered by the study, and to (e) APPOINTMENTS TO FILL VACANCIES ON mined by a majority vote of the members the Speaker of the House of Representatives THE BOARD.—Any vacancy in the membership present. Any vacancy shall not affect the and President pro tempore of the Senate for of the Board shall be filled in the same man- power of the remaining members to fulfill referral to the appropriate committees of the ner as the original appointment for the va- the duties of the Board, provided that a House of Representatives and of the Senate. cant position. quorum is present. Nothing in this sub- (f) TERMS OF OFFICE FOR BOARD MEM- section shall prohibit the Board from dele- TITLE II—OFFICE OF CONGRESSIONAL BERS.— gating the authority of the Board to make FAIR EMPLOYMENT PRACTICES—ESTAB- (1) IN GENERAL.—Except as provided in an interlocutory decision to one or more of LISHMENT AND OPERATIONS paragraphs (2) and (3), the term of appoint- the members of the Board. SEC. 201. ESTABLISHMENT OF OFFICE OF CON- ment of each member of the Board shall be 6 (k) COMPENSATION OF MEMBERS.—Each GRESSIONAL FAIR EMPLOYMENT years. No member shall be appointed to more member of the Board other than the Chair PRACTICES. than 2 consecutive 6-year terms of office. shall be compensated at a rate equal to the There is hereby established, as an inde- (2) TERMS OF OFFICE FOR ORIGINAL BOARD daily equivalent of the annual rate of basic pendent office within the legislative branch APPOINTMENTS.— pay prescribed for level V of the Executive of the Government, the Office of Congres- (A) TWO MEMBERS THROUGH JANUARY 3, Schedule under section 5316 of title 5, United sional Fair Employment Practices. 1998.—The terms of the members originally States Code, for each day (including travel appointed pursuant to subsection (b)(1) shall time) during which such member is engaged SEC. 202. BOARD OF DIRECTORS. terminate at noon on January 3, 1998. (a) IN GENERAL.—There shall be a Board of in the performance of the duties of the (B) TWO MEMBERS THROUGH JANUARY 3, Board. The rate of pay may be prorated Directors of the Office (the ‘‘Board’’), to be 2000.—The terms of the members originally composed of 5 members. based on the portion of the day during which appointed pursuant to subsection (b)(2) shall the member is engaged in the performance of (b) APPOINTMENT.— terminate at noon on January 3, 2000. Board duties. The Chair shall be com- (1) TWO MEMBERS BY LEADERS OF HOUSE OF (C) ONE MEMBER THROUGH JANUARY 3, 2002.— pensated in the same manner at a rate equal REPRESENTATIVES.—The Speaker of the The term of the Chair originally appointed to the daily equivalent of the annual rate of House of Representatives shall appoint two shall terminate at noon on January 3, 2002. basic pay prescribed for level IV of the Exec- members, of whom— (3) TERMS OF OFFICE FOR MID-TERM APPOINT- utive Schedule under section 5315 of title 5, (A) one shall be appointed in accordance MENTS TO THE BOARD.—An individual ap- United States Code. with the recommendation of the Majority pointed to fill a vacancy occurring before the (l) TRAVEL EXPENSES.—Each member of the Leader in consultation with the Minority expiration of a term of office shall be ap- Board of Directors shall receive travel ex- Leader; and pointed for the remainder of the term. How- penses, including per diem in lieu of subsist- (B) one shall be appointed in accordance ever, if the unexpired part of a term is less with the recommendation of the Minority than one year, the individual may be ap- ence, at rates authorized for employees of Leader in consultation with the Majority pointed for a 6-year term plus the unexpired agencies under subchapter I of chapter 57 of Leader. part of the term. title 5, United States Code, for each day the member is engaged in the performance of du- (2) TWO MEMBERS BY LEADERS OF SENATE.— (4) SERVICE AFTER EXPIRATION OF TERM.—A The President pro tempore of the Senate member may continue to serve after the ex- ties away from the home or regular place of shall appoint two members, of whom— piration of his or her term until his succes- business of the member. (A) one shall be appointed in accordance sor has taken office, except that he or she (m) CONGRESSIONAL OVERSIGHT.—The Board with the recommendation of the Majority may not continue to serve for more than 1 and the Office shall be subject to oversight Leader in consultation with the Minority year after the date on which his or her term by the Committee on Rules and Administra- Leader; and expired. tion and Committee on Governmental Af- (B) one shall be appointed in accordance (g) REMOVAL OF BOARD MEMBERS.— fairs of the Senate and the Committee on with the recommendation of the Minority (1) IN GENERAL.—The Speaker of the House House Administration of the House of Rep- Leader in consultation with the Majority of Representatives and the President pro resentatives. The Speaker of the House of Leader. tempore of the Senate, acting in accordance Representatives and the President pro tem- (3) CHAIR.—The Chair shall be appointed with the recommendation of any 3 of the 4 pore of the Senate shall promptly refer to jointly by the Speaker of the House of Rep- Majority Leaders and Minority Leaders of such committees copies of all general notices resentatives and the President pro tempore the two Houses of Congress, may remove any of proposed rulemaking and final rules sub- of the Senate from among candidates jointly member from the Board but only for— mitted under section 204(d)(1) and any reso- recommended by the Majority Leaders and (A) disability that substantially prevents lutions introduced with respect to approval the Minority Leaders of the House of Rep- the member from carrying out the duties of of such rules. resentatives and the Senate. such a member; SEC. 203. OFFICERS, STAFF, AND OTHER PERSON- (c) QUALIFICATIONS.— (B) incompetence; NEL. (1) IN GENERAL.—Selection and appoint- (C) neglect of duty; (a) DIRECTOR.— ment of members shall be without regard to (D) malfeasance in office; (1) IN GENERAL.— political affiliation and solely on the basis of (E) a felony or conduct involving moral (A) IN GENERAL.—The Chair, subject to the fitness to perform the duties of the office. turpitude; or approval of the Board, shall appoint and may (2) SPECIFIC QUALIFICATIONS.—Members (F) holding an office or employment or en- remove a Director. Selection and appoint- shall have training or experience in the ap- gaging in an activity that disqualifies the in- ment of the Director shall be without regard plication of the rights, protections, and rem- dividual from service as a member of the to political affiliation and solely on the basis edies under one or more of the statutes made Board under subsection (c)(3). of fitness to perform the duties of the office. applicable by sections 101 through 107. (2) STATEMENT OF REASONS FOR REMOVAL.— (B) DISQUALIFICATION.—No person described (3) DISQUALIFICATIONS.—No individual shall In removing any member from the Board, in section 202(c)(3), other than a member, of- be eligible to serve on the Board who— the Speaker of the House of Representatives ficer, or employee of an office of fair employ- (A) is a current or former Member of the and the President pro tempore of the Senate ment practices or a personnel appeals board, House of Representatives or a Senator; shall state in writing to the member being may be appointed Director. (B) is, or has been within the 2 years prior removed the specific reasons for the re- (2) COMPENSATION.—The Chair may fix the to appointment— moval. compensation of the Director. The rate of (i) an elected or appointed officer of the (h) RESPONSIBILITIES OF CHAIR; ACTING pay for the Director may not exceed the an- House of Representatives or the Senate; CHAIR.—The Chair shall preside at all ses- nual rate of basic pay prescribed for level V (ii) head of a congressional instrumental- sions of the Board and shall fulfill the re- of the Executive Schedule under section 5316 ity referred to in subparagraphs (C) through sponsibilities of the Chair as specifically pro- of title 5, United States Code. (F) of section 3(1) or paragraph (1), (2), or (3) vided in this Act. The Chair may designate (3) DUTIES.—The Director shall serve as the of section 110(a); or any other member as Acting Chair. During chief operating officer of the Office. Except January 4, 1995 CONGRESSIONAL RECORD — SENATE S 137 as otherwise specified in this Act, the Direc- United States Code), including rules on the sional Record on the first day on which both tor shall carry out all of the responsibilities procedures of the Board and rules of proce- Houses are in session following such trans- of the Office under this Act. dure and practice for proceedings before mittal. Prior to issuing rules, the Board (b) DEPUTY DIRECTORS.— hearing officers and before the Board. Such shall provide a comment period of at least 30 (1) IN GENERAL.—The Chair, subject to the rules may also specify authorities and duties days after publication of a general notice of approval of the Board, shall appoint and may of the Director, the General Counsel, and proposed rulemaking. Upon issuing final remove a Deputy Director for the Senate and other personnel of the Office, consistent with rules, the Board shall transmit notice of a Deputy Director for the House of Rep- the authorities and duties granted and im- such action together with a copy of such resentatives. Selection and appointment of a posed under this Act. rules to the Speaker of the House of Rep- Deputy Director shall be without regard to (2) RULEMAKING PROCEDURE.—Rules under resentatives and the President pro tempore political affiliation and solely on the basis of this subsection— of the Senate for publication in the Congres- fitness to perform the duties of the office. (A) shall be issued in accordance with sub- sional Record on the first day on which both The disqualifications in subsection (a)(1)(B) section (c); and Houses are in session following such trans- shall apply to the appointment of a Deputy (B) shall become effective immediately mittal. Rules shall be considered issued by Director. upon approval under paragraph (3), except the Board as of the date on which they are (2) COMPENSATION.—The Chair may fix the for rules of procedure and practice for pro- compensation of a Deputy Director. The rate ceedings before hearing officers and before published in the Congressional Record. of pay for a Deputy Director may not exceed the Board, which shall become effective 60 (2) RECOMMENDATION AS TO METHOD OF AP- 96 percent of the annual rate of basic pay days after such approval. PROVAL.—The Board shall include a rec- prescribed for level V of the Executive (3) APPROVAL.—Rules under this subsection ommendation in the general notice of pro- Schedule under section 5316 of title 5, United shall be subject to approval by Congress by posed rulemaking and in the final rules as to States Code. concurrent resolution, pursuant to sub- whether the rules should be approved by res- (3) DUTIES.—The Deputy Director for the section (d). olution of the Senate, by resolution of the Senate shall be responsible for the develop- (b) RULES OTHER THAN RULES OF THE OF- House of Representatives, by concurrent res- ment of rules under section 204(b)(2)(B)(i), FICE.— olution, by joint resolution, or by statute. and shall assume such other responsibilities (1) IN GENERAL.—The Board shall adopt (d) APPROVAL OF RULES.— as may be delegated by the Director. The such rules other than rules of the Office is- (1) ONE-HOUSE RESOLUTION OR CONCURRENT Deputy Director for the House of Represent- sued under subsection (a) as the Board may RESOLUTION.—In the case of a concurrent res- atives shall be responsible for the develop- determine are necessary. olution referred to in subsection (a)(3), or a ment of rules under section 204(b)(2)(B)(ii), (2) RULEMAKING PROCEDURE.—Rules under resolution of the House of Representatives, a and shall assume such other responsibilities this subsection— resolution of the Senate, or a concurrent res- as may be delegated by the Director. (A) shall be issued in accordance with sub- olution referred to in subsection (b)(3), the (c) GENERAL COUNSEL.— section (c); matter after the resolving clause shall be the (1) IN GENERAL.—The Chair, subject to the (B) shall consist of three separate bodies of following: ‘‘The following rules issued by the approval of the Board, shall appoint and may rules, which shall apply, respectively, to— Office of Congressional Fair Employment remove a General Counsel. Selection and ap- (i) the Senate and employees of the Senate Practices on ll are hereby approved:’’ (the pointment of the General Counsel shall be other than employees referred to in clause blank spaces being appropriately filled in, without regard to political affiliation and (iii); and the text of the rules being set forth). solely on the basis of fitness to perform the (ii) the House of Representatives and em- (2) JOINT RESOLUTION OR STATUTE.—In the duties of the Office. The disqualifications in ployees of the House of Representatives case of a joint resolution referred to in sub- subsection (a)(1)(B) shall apply to the ap- other than employees referred to in clause section (b)(3), the matter after the resolving pointment of a General Counsel. (iii); and clause shall be the following, and, in the case (2) COMPENSATION.—The Chair may fix the (iii) the Architect of the Capitol, the Con- of a statute referred to in subsection (b)(3), compensation of the General Counsel. The gressional Budget Office, the Office of Tech- the matter after the enacting clause shall in- rate of pay for the General Counsel may not nology Assessment, the Office, and employ- clude the following: ‘‘The following rules is- exceed the annual rate of basic pay pre- ees of these congressional instrumentalities; sued by the Office of Congressional Fair Em- scribed for level V of the Executive Schedule the Capitol Police and members of the Cap- ployment Practices on ll are hereby ap- under section 5316 of title 5, United States itol Police; and other work units and mem- proved and shall have the force and effect of Code. bers of other work units (other than joint law:’’ (the blank spaces being appropriately (3) DUTIES.—The General Counsel shall— committees of the Congress) that include filled in, and the text of the rules being set (A) exercise the authorities and perform employees of the Senate and of the House of forth). the duties of the General Counsel as specified Representatives under the same manage- (e) REFERRAL.—Upon receipt of a notice of in this Act; and ment; and (B) otherwise assist the Board and the Di- (C) shall become effective not less than 60 issuance of final rules under subsection (c), rector in carrying out their duties and pow- days after the rules are approved under para- the Speaker of the House of Representatives ers. graph (3), except as may be otherwise pro- and the President pro tempore of the Senate (4) ATTORNEYS IN THE OFFICE OF THE GEN- vided by the Board for good cause found shall refer such notice, together with a copy ERAL COUNSEL.—The General Counsel shall (within the meaning of section 553(d)(3) of of such rules, to the appropriate committee appoint, and fix the compensation of, and title 5, United States Code) and published or committees of the House of Representa- may remove, such additional attorneys as with the rule. tives and of the Senate. The purpose of the may be necessary to enable the General (3) APPROVAL.—Rules referred to in para- referral shall be to consider whether such Counsel to perform his or her duties. graph (2)(B)(i) may be approved by the Sen- rules should be approved, and, if so, whether (d) OTHER STAFF.—The Director shall ap- ate by resolution or by the Congress by joint such approval should be by resolution of the point, and fix the compensation of, and may resolution or statute. Rules referred to in House of Representatives or of the Senate, remove, such other additional staff, includ- paragraph (2)(B)(ii) may be approved by the by concurrent resolution, by joint resolu- ing hearing officers, but not including attor- House of Representatives by resolution or by tion, or by statute. neys employed in the office of the General the Congress by joint resolution or statute. (f) JOINT REFERRAL AND DISCHARGE IN THE Counsel, as may be necessary to enable the Rules referred to in paragraph (2)(B)(iii) may SENATE.—The President pro tempore of the Office to perform its duties. be approved by Congress by concurrent reso- Senate may refer the notice of issuance of (e) DETAILED PERSONNEL.—The Director lution or by joint resolution or statute. final rules, or any resolution of approval of may, with the prior consent of the Govern- Rules approved by joint resolutions or stat- final rules, to one committee or jointly to ment department or agency concerned, use ute shall have the force and effect of law. Ap- more than one committee. If a committee of on a reimbursable or nonreimbursable basis proval referred to in this paragraph shall be the Senate acts to report a jointly referred the services of personnel of any such depart- pursuant to subsection (d). measure, any other committee of the Senate ment or agency, including the services of (c) PUBLICATION AND ISSUANCE.— must act within 30 calendar days of continu- members or personnel of the General Ac- (1) RULEMAKING PROCEDURE.—The Board ous session, or be automatically discharged. counting Office Personnel Appeals Board. shall issue rules described in subsections (a) (g) AMENDMENT OF RULES.—Rules may be (f) CONSULTANTS.—In carrying out the and (b) in accordance with the principles and amended in the same manner as is described functions of the Office, the Director may procedures set forth in section 553 of title 5, in this section for the adoption of rules, ex- procure the temporary (not to exceed 1 year) United States Code. The Board shall publish cept that the Board may, in its discretion, or intermittent services of consultants. a general notice of proposed rulemaking dispense with publication of a general notice SEC. 204. RULEMAKING BY THE OFFICE. under section 553(b) of title 5, United States of proposed rulemaking of minor, technical, (a) RULES OF THE OFFICE.— Code, but, instead of publication of a general or urgent amendments that satisfy the cri- (1) IN GENERAL.—Not later than 180 days notice of proposed rulemaking in the Federal teria for dispensing with publication of such after the appointment of a quorum of the Register, the Board shall transmit such no- notice pursuant to section 553(b)(3)(B) of Board, the Board shall issue final rules of or- tice to the Speaker of the House of Rep- title 5, United States Code. ganization, procedures, and practice (within resentatives and the President pro tempore (h) RIGHT TO PETITION FOR RULEMAKING.— the meaning of section 553(b)(A) of title 5, of the Senate for publication in the Congres- Any interested party may petition to the S 138 CONGRESSIONAL RECORD — SENATE January 4, 1995

Board for the issuance, amendment, or re- (b) PURPOSE.—The Office shall provide the complaint and render a decision. No Member peal of a rule. employee with all relevant information with of the House of Representatives, Senator, of- (i) APPLICATION OF EXECUTIVE AGENCY REG- respect to the rights and remedies as pro- ficer of either the House of Representatives ULATIONS BY REFERENCE.—The Board may, by vided under this Act and shall provide an op- or the Senate, head of an employing office, specific reference in rules issued under this portunity for discussion, evaluation, and member of the Board, or covered employee section, apply regulations issued by any Ex- guidance to assist the employee in evaluat- may be appointed to be a hearing officer ecutive agency (within the meaning of sec- ing and resolving the matter. under this Act. The Director shall develop tion 105 of title 5, United States Code). (c) PERIOD OF COUNSELING.—The period for master lists, composed of members of the bar (j) CONSULTATION.—The Director and the counseling shall begin on the date on which of a State or the District of Columbia and re- Board— the request for counseling is received and tired judges of the United States courts, ex- (1) shall consult, with regard to the devel- shall be 30 days unless the employee and the perienced in adjudicating and arbitrating the opment and issuance of rules, with— Office agree to reduce the period. kinds of personnel and other matters for (A) the Chairman of the Administrative (d) NOTIFICATION OF END OF COUNSELING PE- which hearings may be held under this Act, Conference of the United States; RIOD.—The Office shall notify the employee and individuals expert in technical matters (B) the Secretary of Labor; in writing when the counseling period has relating to accessibility and usability by (C) the Federal Labor Relations Authority; ended. persons with disabilities or technical mat- and (e) EMPLOYEES OF THE ARCHITECT OF THE ters relating to occupational safety and (D) the Director of the Office of Personnel CAPITOL AND CAPITOL POLICE.—In the case of health, after considering candidates rec- an employee of the Architect of the Capitol Management; and ommended to the Director by the Federal or an employee who is a member of the Cap- (2) may consult with any other persons Mediation and Conciliation Service, the Ad- itol Police, the Director may refer the em- with whom consultation, in the opinion of ministrative Conference of the United ployee to the Architect of the Capitol or the the Board or the Director, may be helpful. States, or organizations composed primarily Capitol Police Board for resolution of the SEC. 205. INFORMATION PROGRAM. of individuals experienced in adjudicating or employee’s grievance through internal griev- The Board shall conduct an information ance procedures of the Architect of the Cap- arbitrating such matters. The Director shall program to inform Members of the House of itol or the Capitol Police Board for a specific select hearing officers on a rotational or ran- Representatives, Senators, elected officers of period of time, which shall not count against dom basis from these lists. Nothing in this either House, heads of employing offices, and the time available for counseling or medi- section shall prevent the appointment of covered employees about the provisions ation under this Act. hearing officers as full-time employees of the made applicable to them under this Act. SEC. 302. MEDIATION. Office, or the selection of hearing officers on the basis of specialized expertise needed for SEC. 206. DATA COLLECTION AND REPORT. (a) APPLICABILITY.—Except as otherwise The Director shall compile and annually expressly provided in this Act, the provisions particular matters. publish statistics with respect to contacts of this section shall govern all mediation (d) HEARING.—Unless a complaint is dis- and complaints filed with the Office under conducted by the Office pursuant to this Act. missed prior to hearing, a hearing shall be this Act. Such statistics shall include the (b) INITIATION.—Not later than 15 days conducted— total numbers of contacts and complaints, after the Office notifies an employee of the (1) on the record by the hearing officer; and a breakdown regarding— end of the counseling period under section (2) as expeditiously as practical, commenc- (1) the kinds of allegations made in con- 301(d), the employee may file a request for ing not later than 90 days after the filing of tacts with the Office and complaints filed mediation with the Office. Mediation may the complaint; and with the Office; also be initiated pursuant to sections (3) except as specifically provided in this (2) the time required by the Office to con- 108(d)(2) and 109(c)(5). Act and to the greatest extent practicable, duct proceedings and resolve various types of (c) MEDIATION PROCESS.—The Director in accordance with the principles and proce- matters; shall specify one or more individuals to me- dures set forth in sections 554 through 557 of (3) the number of complaints resolved by diate any dispute. In identifying individuals title 5, United States Code. settlement, by decision under section 303, or to mediate, the Director shall consider indi- (e) DISCOVERY.—Reasonable prehearing dis- by withdrawal of the complaint; and viduals who are recommended to the Direc- covery may be permitted at the discretion of (4) for each category of allegation, the tor by the Federal Mediation and Concilia- the hearing officer. amounts of monetary compensation granted tion Service, the Administrative Conference (f) SUBPOENAS.— in settlements and awards. of the United States, or other appropriate or- (1) IN GENERAL.—At the request of a party, SEC. 207. EXPENSES OF THE OFFICE. ganizations. a hearing officer may issue subpoenas for the (a) AUTHORIZATION OF APPROPRIATIONS.— (d) MEDIATION PERIOD.— attendance of witnesses and for the produc- Beginning in fiscal year 1995, and for each (1) IN GENERAL.—The mediation period tion of correspondence, books, papers, docu- fiscal year thereafter, there are authorized shall be 30 days, beginning on the date the ments, and other records. The attendance of to be appropriated for the expenses of the Of- request for mediation is received by the Of- witnesses and the production of records may fice such sums as may be necessary to carry fice. be required from any place within the United out the functions of the Office. Until sums (2) EXTENSION.—The mediation period may States. Subpoenas shall be served in the are first appropriated pursuant to the pre- be extended for additional periods at the manner provided under rule 45(b) of the Fed- ceding sentence, but for a period not exceed- joint request of the employee and the em- eral Rules of Civil Procedure. ing 12 months following the date of enact- ploying office. (2) OBJECTIONS.—If a person refuses, on the ment of this Act, the expenses of the Office (e) NOTIFICATION OF END OF MEDIATION PE- basis of relevance, privilege, or other objec- shall be paid from the contingent fund of the RIOD.—The Office shall notify the employee tion, to testify in response to a question or Senate, of which 50 percent shall be reim- and the head of the employing office in writ- to produce records in connection with a pro- bursed from the contingent fund of the ing when the mediation period has ended. ceeding before a hearing officer, the hearing House, upon vouchers approved by the Direc- (f) INDEPENDENCE OF MEDIATION PROCESS.— officer shall rule on the objection. At the re- tor. No individual appointed by the Director to quest of the witness or any party, the hear- (b) WITNESS FEES AND ALLOWANCES.—Ex- mediate or to be a factfinder in aid of the ing officer shall (or on the hearing officer’s cept for covered employees, witnesses before mediator may conduct or aid in the hearing own initiative, the hearing officer may) refer a hearing officer or the Board in any pro- conducted under section 303 with respect to the ruling to the Board for review. ceeding under title I other than rulemaking the same matter or shall be subject to sub- (3) ENFORCEMENT.— shall be paid the same fee and mileage allow- poena or any other compulsory process with (A) IN GENERAL.—If a person fails to com- ances as are paid subpoenaed witnesses in respect to the same matter. ply with a subpoena, the Board may author- the courts of the United States. Covered em- SEC. 303. COMPLAINT AND HEARING. ize the General Counsel to apply to an appro- ployees who are summoned, or are assigned (a) APPLICABILITY.—Except as otherwise priate United States district court for an by their employer, to testify in their official expressly provided in this Act, the provisions order requiring that person to appear before capacity or to produce official records before of this section shall govern all hearings con- the hearing officer to give testimony or a mediator, hearing officer, or the Board in ducted by a hearing officer pursuant to this produce records. The application may be any proceeding under this Act shall be enti- Act. made within the judicial district where the tled to travel expenses under subchapter I (b) COMPLAINT.—Any complaint shall be hearing is conducted or where that person is and section 5751 of chapter 57 of title 5, Unit- filed with the Office against the employing found, resides, or transacts business. Any ed States Code. office. Any complaint required by this Act to failure to obey a lawful order of the district TITLE III—ADMINISTRATIVE AND be preceded by counseling and mediation court issued pursuant to this section may be JUDICIAL may not be filed unless the employee has held by such court to be a civil contempt made a timely request for counseling and has thereof. DISPUTE-RESOLUTION PROCEDURES completed the procedures set forth in sec- (B) SERVICE OF PROCESS.—Process in an ac- SEC. 301. COUNSELING. tions 301 and 302. tion or contempt proceeding pursuant to (a) INITIATION.—Any employee referred to (c) HEARING OFFICER.—Upon the filing of a subparagraph (A) may be served in any judi- in section 107(1) may, within the time speci- complaint, the Director shall appoint an cial district in which the person refusing or fied in section 307, request counseling. independent hearing officer to consider the failing to comply, or threatening to refuse or January 4, 1995 CONGRESSIONAL RECORD — SENATE S 139 not to comply, resides, transacts business, or ing to review of administrative orders and SEC. 308. SETTLEMENT OF COMPLAINTS. may be found, and subpoenas for witnesses the Office shall be the ‘‘agency’’ as that term Any settlement entered into by the parties who are required to attend such proceedings is used in such rules. The petitioner shall at- after a complaint is filed under section 303 or may run into any other district. tach to the petition as an exhibit a copy of 305 shall be in writing and, in the case of a (g) DECISION.—The hearing officer shall the final decision of the Office entered under complaint filed under section 303, not be- issue a written decision as expeditiously as section 304(e). come effective unless it is approved by the possible, but in no case more than 60 days (2) RESPONDENTS.—In any appeal under this Director. Nothing in this Act shall affect the after the conclusion of the hearing. The writ- section, any party before the Board may be power of the Senate and the House of Rep- ten decision shall be transmitted by the Of- named respondent by filing a notice of elec- resentatives, respectively, to establish rules fice to the parties. The decision shall state tion with the Court within 30 days after the governing the process by which a settlement the issues raised in the complaint, describe petition was served, and the Office shall also may be entered into by such House or by any the evidence in the record, contain findings be named respondent. employing office of such House. of fact and conclusions of law, contain a de- (3) INTERVENTION.—In any action under SEC. 309. CONFIDENTIALITY. termination of whether a violation has oc- this section with respect to an employing of- (a) COUNSELING.—All counseling conducted curred, and order such remedies as are appro- fice or other office of the Senate or a joint under this Act shall be strictly confidential, priate pursuant to title I. The decision shall committee of the Congress, the Senate shall except that the Office and the employee may be entered in the records of the Office as a be entitled to intervene as of right; and, in agree to notify the head of the employing of- final decision of the hearing officer. any action under this section with respect to fice of the allegations. (h) PRECEDENTS.—A hearing officer who an employing office or other office of the (b) MEDIATION.—All mediation conducted conducts a hearing under this section shall House of Representatives or a joint commit- under this Act shall be strictly confidential. be guided by judicial decisions under the tee of the Congress, the House of Representa- (c) HEARINGS.—Subject to the provisions of statutes made applicable by title I and by tives shall be entitled to intervene as of subsections (d), (e), and (f) the hearings, de- Board decisions under this Act. right. Any party that participated in the liberations, and decisions of hearing officers SEC. 304. APPEAL TO THE BOARD. proceedings before the Board and that was and of the Board and of its officers and em- (a) IN GENERAL.—In any case in which a not made respondent may intervene as of ployees on complaints, charges, proposed ci- final decision by a hearing officer is subject right. tations, and other pleadings under this Act to review by the Board, the party seeking (c) STANDARD OF REVIEW.—To the extent shall be strictly confidential. such review shall file a petition for review necessary to decision and when presented, (d) RELEASE OF RECORDS FOR JUDICIAL RE- not later than 30 days after notice of the the court shall decide all relevant questions VIEW AND ENFORCEMENT OF SUBPOENAS.—The entry of the decision in the records of the Of- of law and interpret constitutional and stat- complete record of the proceedings before fice under section 303(g). utory provisions. The court shall set aside a the hearing officer and the Board, including (b) PARTIES’ OPPORTUNITY TO SUBMIT AR- final decision of the Board under section 304 their decisions, may be made public for the GUMENT.—The parties shall have a reason- if it determines that the decision was— purpose of judicial review under section 305. able opportunity to be heard, through writ- (1) arbitrary, capricious, an abuse of dis- As much of the record of the proceedings be- ten submission and, in the discretion of the cretion, or otherwise not consistent with fore the hearing officer and the Board as Board, through oral argument. law; may be necessary for the purpose of enforce- (c) STANDARD OF REVIEW.—The Board shall (2) not made consistent with required pro- ment of a subpoena under section 303(f) may set aside a decision of a hearing officer if the cedures; or be made public for such purpose. Board determines that the decision was— (3) unsupported by substantial evidence. (e) RELEASE OF RECORDS FOR FAIRNESS TO (1) arbitrary, capricious, an abuse of dis- (d) RECORD.—In making determinations PARTIES.—Upon the application of any party, cretion, or otherwise not consistent with under subsection (d), the court shall review the Board may disclose the final decision of law; the whole record, or those parts of it cited by a hearing officer or of the Board upon a (2) not made consistent with required pro- a party, and due account shall be taken of showing of good cause and fairness to all par- cedures; or the rule of prejudicial error. The record on ties to the proceeding. review shall include the record before the (3) unsupported by substantial evidence. SEC. 310. DISCLOSURE TO COMMITTEES OF CON- (d) RECORD.—In making determinations Board and the decision of the Board. GRESS. under subsection (c), the Board shall review SEC. 306. CIVIL ACTIONS. (a) The Board— the whole record, or those parts of it cited by (a) IN GENERAL.—This section governs all (1) may, at its discretion, provide to the a party, and due account shall be taken of civil actions commenced pursuant to section Committee on Standards of Official Conduct the rule of prejudicial error. The record on 107(3)(B). of the House of Representatives or the Select review shall include the record before the (b) PARTIES.—In any such action the de- Committee on Ethics of the Senate; and hearing officer and the decision of the hear- fendant shall be the employing office alleged (2) shall, at the request of either of such ing officer. to have committed the violation. committees; (e) DECISION.—The Board shall issue a writ- (c) JURY TRIAL.—Any party may demand a provide to such committee the record of a ten decision setting forth the reasons for its jury trial where a jury trial would be avail- hearing and the decision of the hearing offi- decision. The decision may affirm, reverse, able in an action against a private defendant cer, and the record of consideration and the or remand to the hearing officer for further under the relevant statute made applicable decision of the Board on appeal, after com- proceedings. A decision that does not require by this Act. In any case in which a violation pletion of procedures described in sections further proceedings before a hearing officer of section 101 is alleged, the court shall not 303 and 304. shall be entered in the records of the Office inform the jury of the maximum amount of (b) All members and staff of the Commit- as a final decision. compensatory damages available under sec- tee on Standards of Official Conduct of the SEC. 305. JUDICIAL REVIEW OF A FINAL DECI- tion 101(b)(1). House of Representatives and of the Select SION AND ENFORCEMENT. (d) INTERVENTION OF RIGHT.—In any action Committee on Ethics of the Senate shall (a) JURISDICTION.— under this section with respect to an em- keep all records and decisions provided under (1) JUDICIAL REVIEW.—This section applies ploying office or other office of the Senate, subsection (a) strictly confidentially unless to petitions under section 107(5), 108(d)(4), the Senate shall be entitled to intervene as and until such records and decisions are final 109(c)(5), 109(c)(6), or 110(b)(4) for judicial re- of right; and, in any action under this sec- made public by the Board. Any violation of view of a final decision of the Board in the tion with respect to an employing office or this subsection shall be a violation of the United States Court of Appeals for the Fed- other office of the House of Representatives, rules of the House of Representatives or of eral Circuit, which shall have exclusive ju- the House of Representatives shall be enti- the Senate. risdiction to set aside, suspend (in whole or tled as of right. SEC. 311. REPRESENTATION. in part), to determine the validity of, or oth- (a) COMPLAINANT.—A covered employee or erwise review the decision of the Board. SEC. 307. TIME LIMITATIONS. other complainant is entitled to be assisted (2) ENFORCEMENT.—The Court of Appeals (a) COUNSELING REQUESTS.—A request for by counsel or other representative at any for The Federal Circuit shall have jurisdic- counseling shall be made not later than— stage of any proceeding administered by the tion over any petition of the General Coun- (1) 180 days after the date of the alleged Office, including the proceedings under sec- sel, filed in the name of the Office and at the violation under provisions of sections 101, tions 301, 302, 303, and 304. direction of the Board, to enforce a final de- 103, 104, 105, or 106 for which the counseling (b) EMPLOYING OFFICES OF THE SENATE.— cision under section 303 or 304 with respect is requested; or The Senate Chief Counsel for Employment to a violation of sections 101 through 111. (2) 2 years after the date of the alleged vio- may represent any employing office of the (b) PROCEDURES.— lation under section 102 for which the coun- Senate, with the consent of the employing (1) PETITION.—The petition for review shall seling is requested, or 3 years after an al- office, in any administrative and judicial be filed, pursuant to Rule 15 of the Federal leged willful violation under section 102. proceeding under this Act. Rules of Appellate Procedure, not later than (b) CHARGES FILED WITH THE GENERAL 90 days after the entry in the Office of a final COUNSEL.—Any charge of a violation of sec- TITLE IV—MISCELLANEOUS PROVISIONS decision under section 304(e). Such petition tion 108(d) or 109(c)(6) must be filed with the SEC. 401. EXERCISE OF RULEMAKING POWERS. shall be subject to Rules 15 through 20 of the General Counsel in writing by no later than The provisions of sections 204 (e) and (f), Federal Rules of Appellate Procedure, relat- 180 days after the alleged violation. 311(b), 401, and 408 are enacted— S 140 CONGRESSIONAL RECORD — SENATE January 4, 1995 (1) as an exercise of the rulemaking power SEC. 406. POLITICAL AFFILIATION AND PLACE OF the Civil Rights Act of 1964 (42 U.S.C. 2000e– of the House of Representatives and the Sen- RESIDENCE. 16); ate, respectively, and as such they shall be (a) IN GENERAL.—It shall not be a violation ‘‘(2) age, within the meaning of section 15 considered as part of the rules of such House, of any provision of section 101 to consider of the Age Discrimination in Employment respectively, and such rules shall supersede the— Act of 1967 (29 U.S.C. 633a); or other rules only to the extent that they are (1) party affiliation; ‘‘(3) handicap or disability, within the inconsistent therewith; and (2) domicile; or meaning of section 501 of the Rehabilitation (2) with full recognition of the constitu- (3) political compatibility with the em- Act of 1973 (29 U.S.C. 791) and sections 102 tional right of either House to change such ploying office; through 104 of the Americans with Disabil- rules (so far as relating to such House) at of an employee referred to in subsection (b) ities Act of 1990 (42 U.S.C. 12112–14). any time, in the same manner, and to the with respect to employment decisions. ‘‘(b) REMEDIES.—The remedies referred to same extent as in the case of any other rule (b) DEFINITION.—For purposes of subsection in sections 303(a)(1) and 304(a)— of each House. (a), the term ‘‘employee’’ means— ‘‘(1) may include, in the case of a deter- (1) an employee on the staff of the leader- SEC. 402. SETTLEMENT AND AWARDS RESERVES; mination that a violation of subsection (a)(1) AUTHORIZATION OF APPROPRIA- ship of the House of Representatives or the has occurred, such remedies as would be ap- TIONS. leadership of the Senate; propriate if awarded under sections 706(g), (a) FOR THE HOUSE OF REPRESENTATIVES.— (2) an employee on the staff of a committee 706(k), and 717(d) of the Civil Rights Act of (1) ESTABLISHMENT OF ACCOUNT.—There is or subcommittee of— 1964 (42 U.S.C. 2000e–5(g), 2000e–5(k), 2000e– established in the Contingent Fund of the (A) the House of Representatives; 16(d)), and such compensatory damages (not House of Representatives a ‘‘Settlements and (B) the Senate; or exceeding, for each complaining party, and Awards Reserve’’ appropriation account— (C) a joint committee of the Congress; irrespective of the size of the employing of- (A) into which shall be deposited appro- (3) an employee on the staff of a Member of fice or agency involved, the maximum priated funds and amounts transferred by the House of Representatives or on the staff amount available under section the Clerk of the House of Representatives of a Senator; 1977A(b)(3)(D) of the Revised Statutes (42 from funds available to the Clerk for dis- (4) an officer of the House of Representa- U.S.C. 1981a(b)(3)(D)) as would be appropriate bursement by the Clerk; and tives or the Senate or a congressional em- if awarded under section 1977 and sections (B) that shall be available as provided in ployee who is elected by the House of Rep- 1977(A) (a) and (b)(2) of the Revised Statutes resentatives or Senate or is appointed by a paragraph (2). (42 U.S.C. 1981 and 1981a (a) and (b)(2)); Member of the House of Representatives or (2) PAYMENTS.—The appropriation account ‘‘(2) may include, in the case of a deter- by a Senator (in addition an employee de- established by paragraph (1) shall be avail- mination that a violation of subsection (a)(2) scribed in paragraph (1), (2), or (3)); or able for the payment of awards under sec- has occurred, such remedies as would be ap- (5) an applicant for a position that is to be tions 303 through 306 and agreements under propriate if awarded under section 15(c) of occupied by an individual described in any of section 308. the Age Discrimination in Employment Act paragraphs (1) through (4). (b) FOR THE SENATE.— of 1967 (29 U.S.C. 633a(c)); SEC. 407. NONDISCRIMINATION RULES OF THE (1) ESTABLISHMENT OF ACCOUNT.—There is ‘‘(3) may include, in the case of a deter- HOUSE AND SENATE. established in the Contingent Fund of the mination that a violation of subsection (a)(3) The Select Committee on Ethics of the Senate a ‘‘Settlements and Awards Reserve’’ has occurred, such remedies as would be ap- Senate and the Committee on Standards of appropriation account— propriate if awarded under section 505(a) of Official Conduct of the House of Representa- (A) into which shall be deposited appro- the Rehabilitation Act of 1973 (29 U.S.C. tives retain full power, in accordance with 794a(a)(1)) or section 107 of the Americans priated funds and amounts transferred by the authority provided to them by the Sen- the Secretary of the Senate from funds avail- with Disabilities Act of 1990 (42 U.S.C. ate and the House, with respect to the dis- 12117(a)); and able to the Secretary for disbursement by cipline of Members, officers, and employees the Secretary; and ‘‘(4) may not include punitive damages.’’. for violating rules of the Senate and the (2) Sections 303 through 319, and sections (B) that shall be available as provided in House on nondiscrimination in employment. paragraph (2). 322, 324, and 325 of the Civil Rights Act of SEC. 408. EXPEDITED REVIEW OF CERTAIN AP- 1991 (2 U.S.C. 1203—1218, 1221, 1223, and 1224) (2) PAYMENTS.—The appropriation account PEALS. established by paragraph (1) shall be avail- are repealed effective October 1, 1995, except (a) IN GENERAL.—An appeal may be taken as provided in section 411. able for the payment of awards under sec- directly to the Supreme Court of the United tions 303 through 306 and agreements under (3) Sections 320 and 321 of the Civil Rights States from any interlocutory or final judg- Act of 1991 (2 U.S.C. 1219 and 1220) are redes- section 308. ment, decree, or order of a court upon the (c) AUTHORIZATION OF APPROPRIATIONS.— ignated as sections 303 and 304, respectively. constitutionality of any provision of this (4) Sections 303 and 304 of the Civil Rights There are authorized to be appropriated such Act. sums as are necessary for the purposes of Act of 1991, as so redesignated, are each (b) JURISDICTION.—The Supreme Court amended by striking ‘‘and 307(h) of this subsections (a)(2) and (b)(2), and otherwise shall, if it has not previously ruled on the for the purposes of payment of awards under title’’. question, accept jurisdiction over the appeal (5) Section 1205 of the Supplemental Appro- sections 303 through 306 and agreements referred to in paragraph (1), advance the ap- under section 308. No amounts shall be paid priations Act of 1993 (2 U.S.C. 1207a) is re- peal on the docket and expedite the appeal to pealed effective October 1, 1995, except as for awards or agreements under this Act out the greatest extent possible. of the Claims and Judgment Fund of the provided in section 411. SEC. 409. TECHNICAL AND CONFORMING AMEND- (b) FAMILY AND MEDICAL LEAVE ACT OF Treasury. MENTS. 1993.—Section 501 of the Family and Medical SEC. 403. OTHER JUDICIAL REVIEW PROHIBITED. (a) CIVIL RIGHTS REMEDIES.— Leave Act of 1993 (2 U.S.C. 60m) is repealed Except in proceedings expressly authorized (1) Sections 301 and 302 of the Government effective October 1, 1995, except as provided by sections 305 and 306, the compliance or Employee Rights Act of 1991 (2 U.S.C. 1201 in section 411. and 1202) are amended to read as follows: noncompliance with the provisions of this (c) ARCHITECT OF THE CAPITOL.— Act and any action taken pursuant to this ‘‘SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT (1) REPEAL.—Section 312(e) of the Architect Act shall not be subject to judicial review. OF 1991. of the Capitol Human Resources Act (Public ‘‘(a) SHORT TITLE.—This title may be cited SEC. 404. PRIVILEGES AND IMMUNITIES. Law 103–283; 108 Stat. 1444) is repealed effec- as the ‘Government Employee Rights Act of (a) IN GENERAL.—The authorization to tive October 1, 1995, except as provided in 1991’. bring judicial actions under sections 305 and section 411. ‘‘(b) PURPOSE.—The purpose of this title is 306 shall not constitute a waiver of sovereign (2) APPLICATION OF GENERAL ACCOUNTING to provide procedures to protect the rights of immunity for any other purpose, or of the OFFICE PERSONNEL ACT OF 1980.—The provi- certain government employees, with respect privileges of any Senator or Member of the sions of sections 751, 753, and 755 of title 31, to their public employment, to be free of dis- House of Representatives under article I, sec- United States Code, amended by section crimination on the basis of race, color, reli- tion 6, clause 1, of the Constitution, or a 312(e) of the Architect of the Capitol Human gion, sex, national origin, age, or disability. waiver of any power of either the Senate or Resources Act, shall be applied and adminis- ‘‘(c) DEFINITION.—For purposes of this title, the House of Representatives under the Con- tered as if such section 312(e) (and the the term ‘violation’ means a practice that stitution or under the rules of such House re- amendments made by such section) had not violates section 302(a) of this title. lating to records and information within the been enacted. ‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIB- jurisdiction of such House. ITED. SEC. 410. SAVINGS PROVISION. SEC. 405. SEVERABILITY. ‘‘(a) PRACTICES.—All personnel actions af- (a) TRANSITION PROVISIONS FOR EMPLOYEES If any provision of this Act or the applica- fecting the appointees described in section OF THE HOUSE OF REPRESENTATIVES AND OF tion of such provision to any person or cir- 303(a)(1) or the individuals described in sec- THE SENATE.— cumstance is held to be invalid, the remain- tion 304(a) shall be made free from any dis- (1) CLAIMS NOT FILED PRIOR TO EFFECTIVE der of this Act and the application of the crimination based on— DATE.—If, as of the date on which sections provisions of such to any person or cir- ‘‘(1) race, color, religion, sex, or national 101 and 102 take effect, an employee could cumstance shall not be affected thereby. origin, within the meaning of section 717 of have initiated a request for counseling under January 4, 1995 CONGRESSIONAL RECORD — SENATE S 141 section 305 of the Government Employees (1) CLAIMS NOT FILED PRIOR TO EFFECTIVE enforcement provisions, and an absence of Rights Act (2 U.S.C. 1205) or rule LI of the DATE.—If, as of the date on which section 101 clear guidance as to who is required to reg- House of Representatives, the employee may, takes effect, an employee of the Architect of ister and what they are required to disclose; on or after the date on which sections 101 the Capitol could have filed a complaint re- and and 102 take effect, request counseling pursu- garding an alleged violation of section (3) the effective public disclosure of the ant to section 107(1), and seek relief pursuant 312(e)(2) of the Architect of the Capitol identity and extent of the efforts of paid lob- to section 107. Such a request for counseling Human Resources Act (P.L. 103-323) with the byists to influence Federal officials in the must be initiated on or before the last day Architect of the Capitol in accordance with conduct of Government actions will increase on which a request for counseling could have requirements prescribed by the Architect of public confidence in the integrity of Govern- been made, in the case of an employee of the the Capitol, the employee may request coun- ment. Senate, under section 305 of the Government seling pursuant to section 107(1), and seek re- Employees Rights Act or section 501(d) of the lief pursuant to section 107. Such a request SEC. 1103. DEFINITIONS. Family and Medical Leave Act of 1993, or, in for counseling must be initiated on or before As used in this title: the case of an employee of the House of Rep- the latest of— (1) AGENCY.—The term ‘‘agency’’ has the resentatives, under rule LI of the House of (A) 60 days following the date on which meaning given that term in section 551(1) of Representatives, had those provisions re- section 101 takes effect; title 5, United States Code. mained in effect. If the Office is not yet es- (B) 30 days after the Office begins accept- (2) CLIENT.—The term ‘‘client’’ means any tablished to receive such a request for coun- ing such requests; or person or entity that employs or retains an- seling, the time for initiating such a request (C) 180 days after the date of the alleged other person for financial or other compensa- shall be extended until 30 days after the Of- violation forming the basis of the request for tion to conduct lobbying activities on behalf fice begins accepting such requests. All pro- counseling. of that person or entity. A person or entity cedures and remedies under this Act with re- All procedures and remedies under this Act whose employees act as lobbyists on its own spect to alleged violations under section 101, with respect to alleged violations under sec- behalf is both a client and an employer of except for civil actions under section tion 101, except for civil actions under sec- such employees. In the case of a coalition or 107(3)(B), shall be available to the same ex- tion 107(3)(B), shall be available to the same association that employs or retains other tent as if such alleged violations had oc- extent as if such alleged violations had oc- persons to conduct lobbying activities, the curred on or after the date on which sections curred on or after the date on which section client is the coalition or association and not 101 and 102 take effect. 101 takes effect. its individual members. (2) CLAIMS FILED PRIOR TO EFFECTIVE (2) COMPLAINTS FILED WITH THE ARCHITECT (3) COVERED EXECUTIVE BRANCH OFFICIAL.— DATE.—If, as of the date on which sections PRIOR TO EFFECTIVE DATE.—If, on the date on The term ‘‘covered executive branch offi- 101 and 102 take effect, an employee to whom which section 101 takes effect, an employee cial’’ means— those sections apply— of the Architect of the Capitol has filed a (A) the President; (A) has requested counseling pursuant to complaint with the Architect of the Capitol (B) the Vice President; the Government Employees Rights Act of alleging a violation of section 312(e)(2) of the (C) any officer or employee, or any other 1991 or rule LI of the House of Representa- Architect of the Capitol Human Resources individual functioning in the capacity of tives— Act, but the employee has not yet filed a such an officer or employee, in the Executive (i) if the counseling period has not ended— charge with the General Accounting Office Office of the President; (I) the authority of such Act or rule shall Personnel Appeals Board and the time for fil- (D) any officer or employee serving in a po- continue with respect to that request for ing such a charge has not expired, the em- sition in level I, II, III, IV, or V of the Execu- counseling, until the end of the counseling ployee may, within the later of 30 days after period; and tive Schedule, as designated by statute or the date on which section 101 takes effect or Executive order; (II) if the employee completes the counsel- 30 days after the date on which the Office ing, the employee shall be deemed to have (E) any officer or employee serving in a first begins accepting such requests, file a re- Senior Executive Service position, as defined complied with the requirements of section quest for counseling request counseling pur- 301, and any further proceedings shall be in section 3132(a)(2) of title 5, United States suant to section 107(1), and seek relief pursu- Code; under this Act, except that the right to bring ant to section 107. All procedures and rem- a civil action under section 107(3)(B) shall (F) any member of the uniformed services edies under this Act with respect to alleged whose pay grade is at or above O–7 under sec- not be available; and violations under section 101, except for civil (ii) if the counseling period has ended and tion 201 of title 37, United States Code; and actions under section 107(3)(B), shall be (G) any officer or employee serving in a po- the employee would otherwise have been eli- available to the same extent as if such al- gible to request mediation pursuant to the sition of a confidential, policy-determining, leged violations had occurred on or after the policy-making, or policy-advocating char- Government Employee Rights Act of 1991 or date on which section 101 takes effect. acter described in section 7511(b)(2) of title 5, rule LI of the House of Representatives, the (3) COMPLAINTS FILED WITH THE GAO PERSON- United States Code. employee shall be deemed to have complied NEL APPEALS BOARD PRIOR TO EFFECTIVE (4) COVERED LEGISLATIVE BRANCH OFFI- with the requirements of section 301, and any DATE.—If, as of the date on which section 101 CIAL.—The term ‘‘covered legislative branch further proceedings shall be under this Act; takes effect, an employee of the Architect of official’’ means— (B) has requested mediation pursuant to the Capitol has filed a charge with the Gen- (A) a Member of Congress; the Government Employee Rights Act of 1991 eral Accounting Office Personnel Appeals (B) an elected officer of either House of or rule LI of the House of Representatives— Board pursuant to section 312(e)(3)(A) of the Congress; (i) if the mediation period has not ended— Architect of the Capitol Human Resources (C) any employee of, or any other individ- (I) the authority of such Act shall continue Act (P.L. 103-283), then, notwithstanding any ual functioning in the capacity of an em- with respect to the request for mediation, other provision of this Act, the authority of until the end of the mediation period; and the Architect of the Capitol Human Re- ployee of— (II) if the employee completes the medi- sources Act, and of the General Accounting (i) a Member of Congress; ation, the employee shall be deemed to have Office Personnel Act of 1980 as amended by (ii) a committee of either House of Con- complied with the requirements of section the Architect of the Capitol Human Re- gress; 302, and any further proceedings shall be sources Act of 1994 shall continue with re- (iii) the leadership staff of the House of under this Act, except that the right to bring spect to that charge until the conclusion of Representatives or the leadership staff of the a civil action under section 107(3)(B) shall all proceedings authorized under such Acts, Senate; not be available; and including judicial review. (iv) a joint committee of Congress; and (ii) if the mediation period has ended and (v) a working group or caucus organized to DIVISION B—LOBBYING AND GIFT the employee would otherwise have been eli- provide legislative services or other assist- REFORM gible to file a complaint pursuant to the ance to Members of Congress; and Government Employee Rights Act of 1991 or TITLE I—LOBBYING REFORM (D) any other legislative branch employee rule LI of the House of Representatives, the SEC. 1101. SHORT TITLE. serving in a position described under section employee shall be deemed to have complied This title may be cited as the ‘‘Lobbying 109(13) of the Ethics in Government Act of with the requirements of section 302, and any Disclosure Act of 1995’’. 1978 (5 U.S.C. App.). further proceedings shall be under this Act; SEC. 1102. FINDINGS. (5) DIRECTOR.—The term ‘‘Director’’ means or The Congress finds that— the Director of the Office of Lobbying Reg- (C) has filed a complaint pursuant to the (1) responsible representative Government istration and Public Disclosure. Government Employee Rights Act of 1991 or requires public awareness of the efforts of (6) EMPLOYEE.—The term ‘‘employee’’ rule LI of the House of Representatives, the paid lobbyists to influence the public deci- means any individual who is an officer, em- authority of such Act or rule shall continue sionmaking process in both the legislative ployee, partner, director, or proprietor of a with respect to that complaint until the con- and executive branches of the Federal Gov- person or entity, but does not include— clusion of all proceedings authorized under ernment; (A) independent contractors; or such Act or rule. (2) existing lobbying disclosure statutes (B) volunteers who receive no financial or (c) ARCHITECT OF THE CAPITOL TRANSITION have been ineffective because of unclear other compensation from the person or en- PROVISIONS.— statutory language, weak administrative and tity for their services. S 142 CONGRESSIONAL RECORD — SENATE January 4, 1995

(7) FOREIGN ENTITY.—The term ‘‘foreign en- ecutive branch official or a covered legisla- The term also includes a self-employed indi- tity’’ means a foreign principal (as defined in tive branch official for specific information; vidual who is a lobbyist. section 1(b) of the Foreign Agents Registra- (ix) required by subpoena, civil investiga- (11) LOBBYIST.—The term ‘‘lobbyist’’ means tion Act of 1938 (22 U.S.C. 611(b)). tive demand, or otherwise compelled by stat- any individual who is employed or retained (8) LOBBYING ACTIVITIES.—The term ‘‘lobby- ute, regulation, or other action of the Con- by a client for financial or other compensa- ing activities’’ means lobbying contacts and gress or an agency; tion for services that include 1 or more lob- efforts in support of such contacts, including (x) made in response to a notice in the Fed- bying contacts, other than an individual preparation and planning activities, research eral Register, Commerce Business Daily, or whose lobbying activities constitute less and other background work that is intended, other similar publication soliciting commu- than 10 percent of the time engaged in the at the time it is performed, for use in con- nications from the public and directed to the services provided by such individual to that tacts, and coordination with the lobbying ac- agency official specifically designated in the client. tivities of others. Lobbying activities also notice to receive such communications; (12) MEDIA ORGANIZATION.—The term include efforts to stimulate grassroots lobby- (xi) not possible to report without disclos- ‘‘media organization’’ means a person or en- ing, as described in section 4911(d)(1)(A) of ing information, the unauthorized disclosure tity engaged in disseminating information to the Internal Revenue Code of 1986, to the ex- of which is prohibited by law; the general public through a newspaper, tent that such communications are made in (xii) made to an official in an agency with magazine, other publication, radio, tele- support of a lobbying contact by a registered regard to— vision, cable television, or other medium of lobbyist. A communication in support of a (I) a judicial proceeding or a criminal or mass communication. lobbying contact is a lobbying activity even civil law enforcement inquiry, investigation, (13) MEMBER OF CONGRESS.—The term if the communication is excluded from the or proceeding; or ‘‘Member of Congress’’ means a Senator or a definition of ‘‘lobbying contact’’ under para- (II) a filing or proceeding that the Govern- Representative in, or Delegate or Resident graph (9)(B). ment is specifically required by statute or Commissioner to, the Congress. (9) LOBBYING CONTACT.— regulation to maintain or conduct on a con- (14) ORGANIZATION.—The term ‘‘organiza- (A) DEFINITION.—The term ‘‘lobbying con- fidential basis, tact’’ means any oral or written communica- tion’’ means a person or entity other than an if that agency is charged with responsibility individual. tion (including an electronic communica- for such proceeding, inquiry, investigation, (15) PERSON OR ENTITY.—The term ‘‘person tion) to a covered executive branch official or filing; or a covered legislative branch official that or entity’’ means any individual, corpora- (xiii) made in compliance with written tion, company, foundation, association, is made on behalf of a client with regard to— agency procedures regarding an adjudication labor organization, firm, partnership, soci- (i) the formulation, modification, or adop- conducted by the agency under section 554 of ety, joint stock company, group of organiza- tion of Federal legislation (including legisla- title 5, United States Code, or substantially tions, or State or local government. tive proposals); similar provisions; (16) PUBLIC OFFICIAL.—The term ‘‘public of- (ii) the formulation, modification, or adop- (xiv) a written comment filed in the course ficial’’ means any elected official, appointed tion of a Federal rule, regulation, Executive of a public proceeding or any other commu- order, or any other program, policy, or posi- nication that is made on the record in a pub- official, or employee of— tion of the United States Government; lic proceeding; (A) a Federal, State, or local unit of gov- (iii) the administration or execution of a (xv) a petition for agency action made in ernment in the United States other than— Federal program or policy (including the ne- writing and required to be a matter of public (i) a college or university; gotiation, award, or administration of a Fed- record pursuant to established agency proce- (ii) a government-sponsored enterprise (as eral contract, grant, loan, permit, or li- dures; defined in section 3(8) of the Congressional cense), except that this clause does not in- (xvi) made on behalf of an individual with Budget and Impoundment Control Act of clude communications that are made to any regard to that individual’s benefits, employ- 1974); covered executive branch official— ment, or other personal matters involving (iii) a public utility that provides gas, elec- (I) who is serving in a Senior Executive only that individual, except that this clause tricity, water, or communications; Service position described in paragraph does not apply to any communication with— (iv) a guaranty agency (as defined in sec- (3)(E); or (I) a covered executive branch official, or tion 435(j) of the Higher Education Act of (II) who is a member of the uniformed serv- (II) a covered legislative branch official 1965 (20 U.S.C. 1085(j))), including any affili- ices whose pay grade is lower than O–9 under (other than the individual’s elected Members ate of such an agency; or section 201 of title 37, United States Code, of Congress or employees who work under (v) an agency of any State functioning as a in the agency responsible for taking such ad- such Members’ direct supervision), student loan secondary market pursuant to ministrative or executive action; or with respect to the formulation, modifica- section 435(d)(1)(F) of the Higher Education (iv) the nomination or confirmation of a tion, or adoption of private legislation for Act of 1965 (20 U.S.C. 1085(d)(1)(F)); person for a position subject to confirmation the relief of that individual; (B) a Government corporation (as defined by the Senate. (xvii) a disclosure by an individual that is in section 9101 of title 31, United States (B) EXCEPTIONS.—The term ‘‘lobbying con- protected under the amendments made by Code); tact’’ does not include a communication that the Whistleblower Protection Act of 1989, (C) an organization of State or local elect- is— under the Inspector General Act of 1978, or ed or appointed officials other than officials (i) made by a public official acting in the under another provision of law; of an entity described in clause (i), (ii), (iii), public official’s official capacity; (xviii) made by— (iv), or (v) of subparagraph (A); (ii) made by a representative of a media or- (I) a church, its integrated auxiliary, or a (D) an Indian tribe (as defined in section ganization if the purpose of the communica- convention or association of churches that is 4(e) of the Indian Self-Determination and tion is gathering and disseminating news and exempt from filing a Federal income tax re- Education Assistance Act (25 U.S.C. 450b(e)); information to the public; turn under paragraph 2(A)(i) of section (E) a national or State political party or (iii) made in a speech, article, publication 6033(a) of the Internal Revenue Code of 1986, any organizational unit thereof; or or other material that is widely distributed or (F) a national, regional, or local unit of to the public, or through radio, television, (II) a religious order that is exempt from any foreign government. filing a Federal income tax return under cable television, or other medium of mass (17) STATE.—The term ‘‘State’’ means each communication; paragraph (2)(A)(iii) of such section 6033(a); of the several States, the District of Colum- (iv) made on behalf of a government of a and bia, and any commonwealth, territory, or (xix) between— foreign country or a foreign political party possession of the United States. and disclosed under the Foreign Agents Reg- (I) officials of a self-regulatory organiza- istration Act of 1938 (22 U.S.C. 611 et seq.); tion (as defined in section 3(a)(26) of the Se- SEC. 1104. REGISTRATION OF LOBBYISTS. (v) a request for a meeting, a request for curities Exchange Act) that is registered (a) REGISTRATION.— the status of an action, or any other similar with or established by the Securities and Ex- (1) GENERAL RULE.—No later than 30 days administrative request, if the request does change Commission as required by that Act after a lobbyist first makes a lobbying con- not include an attempt to influence a cov- or a similar organization that is designated tact or is employed or retained to make a ered executive branch official or a covered by or registered with the Commodities Fu- lobbying contact, whichever is earlier, such legislative branch official; ture Trading Commission as provided under lobbyist (or, as provided under paragraph (2), (vi) made in the course of participation in the Commodity Exchange Act; and the organization employing such lobbyist), an advisory committee subject to the Fed- (II) the Securities and Exchange Commis- shall register with the Office of Lobbying eral Advisory Committee Act; sion or the Commodities Future Trading Registration and Public Disclosure. (vii) testimony given before a committee, Commission, respectively; (2) EMPLOYER FILING.—Any organization subcommittee, or task force of the Congress, relating to the regulatory responsibilities of that has 1 or more employees who are lobby- or submitted for inclusion in the public such organization under that Act. ists shall file a single registration under this record of a hearing conducted by such com- (10) LOBBYING FIRM.—The term ‘‘lobbying section on behalf of such employees for each mittee, subcommittee, or task force; firm’’ means a person or entity that has 1 or client on whose behalf the employees act as (viii) information provided in writing in re- more employees who are lobbyists on behalf lobbyists. sponse to a written request by a covered ex- of a client other than that person or entity. (3) EXEMPTION.— January 4, 1995 CONGRESSIONAL RECORD — SENATE S 143

(A) GENERAL RULE.—Notwithstanding para- the client, the position in which such em- come from the client (including any pay- graphs (1) and (2), a person or entity whose— ployee served. ments to the registrant by any other person (i) total income for matters related to lob- (c) GUIDELINES FOR REGISTRATION.— for lobbying activities on behalf of the cli- bying activities on behalf of a particular cli- (1) MULTIPLE CLIENTS.—In the case of a reg- ent) during the semiannual period, other ent (in the case of a lobbying firm) does not istrant making lobbying contacts on behalf than income for matters that are unrelated exceed and is not expected to exceed $2,500; of more than 1 client, a separate registration to lobbying activities; and or under this section shall be filed for each such (4) in the case of a registrant engaged in (ii) total expenses in connection with lob- client. lobbying activities on its own behalf, a good bying activities (in the case of an organiza- (2) MULTIPLE CONTACTS.—A registrant who faith estimate of the total expenses that the tion whose employees engage in lobbying ac- makes more than 1 lobbying contact for the registrant and its employees incurred in con- tivities on its own behalf) do not exceed or same client shall file a single registration nection with lobbying activities during the are not expected to exceed $5,000, covering all such lobbying contacts. semiannual filing period. (d) TERMINATION OF REGISTRATION.—A reg- (as estimated under section 1105) in the semi- (c) ESTIMATES OF INCOME OR EXPENSES.— istrant who after registration— annual period described in section 1105(a) For purposes of this section, estimates of in- (1) is no longer employed or retained by a come or expenses shall be made as follows: during which the registration would be made client to conduct lobbying activities, and is not required to register under subsection (1) $100,000 OR LESS.—Income or expenses of (2) does not anticipate any additional lob- $100,000 or less shall be estimated in accord- (a) with respect to such client. bying activities for such client, ance with the following categories: (B) ADJUSTMENT.—The dollar amounts in may so notify the Director and terminate its (A) $10,000 or less. subparagraph (A) shall be adjusted— registration. (B) More than $10,000 but not more than (i) on January 1, 1997, to reflect changes in SEC. 1105. REPORTS BY REGISTERED LOBBYISTS. $20,000. the Consumer Price Index (as determined by (a) SEMIANNUAL REPORT.— (C) More than $20,000 but not more than the Secretary of Labor) since the date of en- (1) IN GENERAL.—No later than 30 days $50,000. actment of this title; and after the end of the semiannual period begin- (D) More than $50,000 but not more than (ii) on January 1 of each fourth year occur- ning on the first day of each January and the $100,000. ring after January 1, 1997, to reflect changes first day of July of each year in which a reg- (2) MORE THAN $100,000 BUT NOT MORE THAN in the Consumer Price Index (as determined istrant is registered under section 1104, each $500,000.—Income or expenses in excess of by the Secretary of Labor) during the pre- registrant shall file a report with the Office $100,000 but not more than $500,000 shall be ceding 4-year period, of Lobbying Registration and Public Disclo- estimated and rounded to the nearest $50,000. rounded to the nearest $500. sure on its lobbying activities during such (3) MORE THAN $500,000.—Income or ex- (b) CONTENTS OF REGISTRATION.—Each reg- semiannual period. A separate report shall penses in excess of $500,000 shall be estimated istration under this section shall be in such be filed for each client of the registrant. and rounded to the nearest $100,000. form as the Director shall prescribe by regu- (2) EXEMPTION.— (4) CONSTRUCTION.—In estimating total in- lation and shall contain— (A) GENERAL RULE.—Any registrant come or expenses under this section, a reg- (1) the name, address, business telephone whose— istrant is not required to include— number, and principal place of business of (i) total income for a particular client for (A) the value of contributed services for the registrant, and a general description of matters that are related to lobbying activi- which no payment is made; or its business or activities; ties on behalf of that client (in the case of a (B) the expenses for services provided by an (2) the name, address, and principal place lobbying firm), does not exceed and is not ex- independent contractor of the registrant who of business of the registrant’s client, and a pected to exceed $2,500; or is separately registered under this title. general description of its business or activi- (ii) total expenses in connection with lob- (d) CONTACTS.— ties (if different from paragraph (1)); bying activities (in the case of a registrant (1) CONTACTS WITH COMMITTEES.—For pur- (3) the name, address, and principal place whose employees engage in lobbying activi- poses of subsection (b)(2), any contact with a of business of any organization, other than ties on its own behalf) do not exceed and are member of a committee of Congress, an em- the client, that— not expected to exceed $5,000, ployee of a committee of Congress, or an em- (A) contributes more than $5,000 toward in a semiannual period (as estimated under ployee of a member of a committee of Con- the lobbying activities of the registrant in a paragraph (3) or (4) of subsection (b) or para- gress regarding a matter within the jurisdic- semiannual period described in section graph (4) of subsection (c), as applicable) is tion of such committee shall be considered 1105(a); and deemed to be inactive during such period and to be a contact with the committee. (B) participates significantly in the plan- may comply with the reporting requirements (2) CONTACTS WITH HOUSE OF CONGRESS.— ning, supervision, or control of such lobbying of this section by so notifying the Director For purposes of subsection (b)(2), any con- activities; in such form as the Director may prescribe. tact with a Member of Congress or an em- (4) the name, address, principal place of (B) ADJUSTMENT.—The dollar amounts in ployee of a Member of Congress regarding a business, amount of any contribution of subparagraph (A) shall be adjusted as pro- matter that is not within the jurisdiction of more than $5,000 to the lobbying activities of vided in section 1104(a)(3)(B). a committee of Congress of which that Mem- the registrant, and approximate percentage (b) CONTENTS OF REPORT.—Each semi- ber is a member shall be considered to be a of equitable ownership in the client (if any) annual report filed under subsection (a) shall contact with the House of Congress of that of any foreign entity that— be in such form as the Director shall pre- Member. (A) holds at least 20 percent equitable own- scribe by regulation and shall contain— (3) CONTACTS WITH FEDERAL AGENCIES.—For ership in the client or any organization iden- (1) the name of the registrant, the name of purposes of subsection (b)(2), any contact tified under paragraph (3); the client, and any changes or updates to the with a covered executive branch official (B) directly or indirectly, in whole or in information provided in the initial registra- shall be considered to be a contact with the major part, plans, supervises, controls, di- tion; Federal agency that employs that official, rects, finances, or subsidizes the activities of (2) for each general issue area in which the except that a contact with a covered execu- the client or any organization identified registrant engaged in lobbying activities on tive branch official who is detailed to an- under paragraph (3); or behalf of the client during the semiannual other Federal agency or to the Congress (C) is an affiliate of the client or any orga- filing period— shall be considered to be a contact with the nization identified under paragraph (3) and (A) a list of the specific issues upon which Federal agency or with the committee of has a direct interest in the outcome of the a lobbyist employed by the registrant en- Congress or House of Congress to which the lobbying activity; gaged in lobbying activities, including, to official is detailed. (5) a statement of— the maximum extent practicable, a list of (e) EXTENSION FOR FILING.—The Director (A) the general issue areas in which the bill numbers and references to specific regu- may grant an extension of time of not more registrant expects to engage in lobbying ac- latory actions, programs, projects, con- than 30 days for the filing of any report tivities on behalf of the client; and tracts, grants, and loans; under this section, upon the request of the (B) to the extent practicable, specific is- (B) a statement of the Houses and commit- registrant, for good cause shown. sues that have (as of the date of the registra- tees of Congress and the Federal agencies SEC. 1106. PROHIBITION ON GIFTS BY LOBBYISTS, tion) already been addressed or are likely to contacted by lobbyists employed by the reg- LOBBYING FIRMS, AND AGENTS OF be addressed in lobbying activities; and istrant on behalf of the client; FOREIGN PRINCIPALS. (6) the name of each employee of the reg- (C) a list of the employees of the registrant (a) IN GENERAL.— istrant who has acted or whom the reg- who acted as lobbyists on behalf of the cli- (1) PROHIBITION.—No lobbyist or lobbying istrant expects to act as a lobbyist on behalf ent; and firm registered under this title and no agent of the client and, if any such employee has (D) a description of the interest, if any, of of a foreign principal registered under the served as a covered executive branch official any foreign entity identified under section Foreign Agents Registration Act may pro- or a covered legislative branch official in the 1104(b)(4) in the specific issues listed under vide a gift, directly or indirectly, to any cov- 2 years before the date on which such em- subparagraph (A). ered legislative branch official. ployee first acted (after the date of enact- (3) in the case of a lobbying firm, a good (2) DEFINITION.—For purposes of this sec- ment of this Act) as a lobbyist on behalf of faith estimate of the total amount of all in- tion— S 144 CONGRESSIONAL RECORD — SENATE January 4, 1995

(A) the term ‘‘gift’’ means any gratuity, (1) IN GENERAL.—A gift given by an individ- (4) request agency heads to provide infor- favor, discount, entertainment, hospitality, ual under circumstances which make it clear mation needed by the Office, which informa- loan, forbearance, or other item having mon- that the gift is given for a nonbusiness pur- tion shall be supplied to the extent per- etary value and such term includes gifts of pose and is motivated by a family relation- mitted by law; services, training, transportation, lodging, ship or close personal friendship and not by (5) utilize, with their consent, the services and meals, whether provided in kind, by pur- the position of the covered legislative branch and facilities of Federal agencies with or chase of a ticket, payment in advance, or re- official shall not be subject to the prohibi- without reimbursement; imbursement after the expense has been in- tion in subsection (a). (6) accept, use, and dispose of gifts or dona- curred; and (2) NONBUSINESS PURPOSE.—A gift shall not tions of services or property, real, personal, (B) a gift to the spouse or dependent of a be considered to be given for a nonbusiness or mixed, tangible or intangible, for purposes covered legislative branch official (or a gift purpose if the individual giving the gift of aiding or facilitating the work of the Of- to any other individual based on that indi- seeks— fice; and vidual’s relationship with the covered legis- (A) to deduct the value of such gift as a (7) use the United States mails in the same lative branch official) shall be considered a business expense on the individual’s Federal manner and under the same conditions as gift to the covered legislative branch official income tax return, or other departments and agencies of the Unit- if it is given with the knowledge and acquies- (B) direct or indirect reimbursement or ed States. cence of the covered legislative branch offi- any other compensation for the value of the (c) COOPERATION WITH OTHER GOVERN- cial and is given because of the official posi- gift from a client or employer of such lobby- MENTAL AGENCIES.—In order to avoid unnec- tion of the covered legislative branch offi- ist or foreign agent. essary expense and duplication of function cial. (3) FAMILY RELATIONSHIP OR CLOSE PER- among Government agencies, the Office may (b) GIFTS.—The prohibition in subsection SONAL FRIENDSHIP.—In determining if the make such arrangements or agreements for (a) includes the following: giving of a gift is motivated by a family rela- cooperation or mutual assistance in the per- (1) Anything provided by a lobbyist or a tionship or close personal friendship, at least formance of its functions under this title as foreign agent which is paid for, charged to, the following factors shall be considered: is practicable and consistent with law. The or reimbursed by a client or firm of such lob- (A) The history of the relationship between byist or foreign agent. head of the General Services Administration the individual giving the gift and the recipi- and each department, agency, or establish- (2) Anything provided by a lobbyist, a lob- ent of the gift, including whether or not gifts bying firm, or a foreign agent to an entity ment of the United States shall cooperate have previously been exchanged by such indi- with the Office and, to the extent permitted that is maintained or controlled by a covered viduals. legislative branch official. by law, provide such information, services, (B) Whether the gift was purchased by the personnel, and facilities as the Office may (3) A charitable contribution (as defined in individual who gave the item. section 170(c) of the Internal Revenue Code request for its assistance in the performance (C) Whether the individual who gave the of its functions under this title. of 1986) made by a lobbyist, a lobbying firm, gift also at the same time gave the same or or a foreign agent on the basis of a designa- (d) DUTIES.—The Director shall— similar gifts to other covered legislative (1) after notice and a reasonable oppor- tion, recommendation, or other specification branch officials. of a covered legislative branch official (not tunity for public comment, and consultation including a mass mailing or other solicita- SEC. 1107. OFFICE OF LOBBYING REGISTRATION with the Secretary of the Senate, the Clerk tion directed to a broad category of persons AND PUBLIC DISCLOSURE. of the House of Representatives, and the Ad- or entities). (a) ESTABLISHMENT AND DIRECTOR.— ministrative Conference of the United (4) A contribution or other payment by a (1) ESTABLISHMENT.—There is established States, prescribe such regulations, penalty lobbyist, a lobbying firm, or a foreign agent an executive agency to be known as the Of- guidelines, and forms as are necessary to to a legal expense fund established for the fice of Lobbying Registration and Public Dis- carry out this title; benefit of a covered legislative branch offi- closure. (2) provide guidance and assistance on the cial or a covered executive branch official. (2) DIRECTOR.—(A) The Office shall be head- registration and reporting requirements of (5) A charitable contribution (as defined in ed by a Director, who shall be appointed by this title, including— section 170(c) of the Internal Revenue Code the President, by and with the advice and (A) providing information to all reg- of 1986) made by a lobbyist, a lobbying firm, consent of the Senate. istrants at the time of registration about the or a foreign agent in lieu of an honorarium (B) The Director shall be an individual obligations of registered lobbyists under this to a covered legislative branch official. who, by demonstrated ability, background, title, and (6) A financial contribution or expenditure training, and experience, is qualified to (B) issuing published decisions and advi- made by a lobbyist, a lobbying firm, or a for- carry out the functions of the position. The sory opinions; eign agent relating to a conference, retreat, term of service of the Director shall be 5 (3) review the registrations and reports or similar event, sponsored by or affiliated years. The Director may be removed for filed under this title and make such verifica- with an official congressional organization, cause. tions or inquiries as are necessary to ensure for or on behalf of covered legislative branch (C) Section 5316 of title 5, United States the completeness, accuracy, and timeliness officials. Code, is amended by adding at the end the of the registrations and reports; (c) NOT GIFTS.—The following are not gifts following: ‘‘Director of the Office of Lobby- (4) develop filing, coding, and cross-index- subject to the prohibition in subsection (a): ing Registration and Public Disclosure’’. ing systems to carry out the purposes of this (1) Anything for which the recipient pays (b) ADMINISTRATIVE POWERS.—The Director title, including— the market value, or does not use and may— (A) a publicly available list of all reg- promptly returns to the donor. (1) appoint officers and employees, includ- istered lobbyists and their clients; and (2) A contribution, as defined in the Fed- ing attorneys, in accordance with chapter 51 (B) computerized systems designed to min- eral Election Campaign Act of 1971 (2 U.S.C. and subchapter III of chapter 53 of title 5, imize the burden of filing and maximize pub- 431 et seq.) that is lawfully made under that United States Code, define their duties and lic access to materials filed under this title; Act, or attendance at a fundraising event responsibilities, and direct and supervise (5) ensure that the computer systems de- sponsored by a political organization de- their activities; veloped pursuant to paragraph (4)— scribed in section 527(e) of the Internal Reve- (2) contract for financial and administra- (A) allow the materials filed under this nue Code of 1986. tive services (including those related to title to be accessed by the client name, lob- (3) Food or refreshments of nominal value budget and accounting, financial reporting, byist name, and registrant name; offered other than as part of a meal. personnel, and procurement) with the Gen- (B) are compatible with computer systems (4) Benefits resulting from the business, eral Services Administration, or such Fed- developed and maintained by the Federal employment, or other outside activities of eral agency as the Director determines ap- Election Commission, and that information the spouse of a covered legislative branch of- propriate, for which payment shall be made filed in the two systems can be readily cross- ficial, if such benefits are customarily pro- in advance or by reimbursement from funds referenced; and vided to others in similar circumstances. of the Office in such amounts as may be (C) are compatible with computer systems (5) Pension and other benefits resulting agreed upon by the Director and the head of developed and maintained by the Secretary from continued participation in an employee the agency providing such services, but the of the Senate and the Clerk of the House of welfare and benefits plan maintained by a contract authority under this paragraph Representatives; former employer. shall be effective for any fiscal year only to (6) make copies of each registration and re- (6) Informational materials that are sent the extent that appropriations are available port filed under this title available to the to the office of a covered legislative branch for that purpose; public, upon the payment of reasonable fees, official in the form of books, articles, peri- (3) request the head of any Federal depart- not to exceed the cost of such copies, as de- odicals, other written materials, audiotapes, ment or agency (who is hereby so authorized) termined by the Director, in written and videotapes, or other forms of communica- to detail to temporary duties with the Office electronic formats, as soon as practicable tion. such personnel within the agency head’s ad- after the date on which such registration or (d) GIFTS GIVEN FOR A NONBUSINESS PUR- ministrative jurisdiction as the Office may report is received; POSE AND MOTIVATED BY FAMILY RELATION- need for carrying out its functions under this (7) preserve the originals or accurate repro- SHIP OR CLOSE PERSONAL FRIENDSHIP.— title, with or without reimbursement; duction of— January 4, 1995 CONGRESSIONAL RECORD — SENATE S 145

(A) registrations filed under this title for a (1) IN GENERAL.—If the person or entity re- (B) assessing a civil monetary penalty— period that ends not less than 3 years after sponds within the period described in the no- (i) in the case of a minor violation, which the termination of the registration under tification under subsection (a), the Director shall be no more than $10,000, depending on section 1104(d); and shall— the extent and gravity of the violation; (B) reports filed under this title for a pe- (A) issue a written determination that the (ii) in the case of a major violation, which riod that ends not less than 3 years after the person or entity has not violated this title if shall be more than $10,000, but no more than date on which the report is received; the person or entity provides adequate infor- $100,000, depending on the extent and gravity (8) maintain a computer record of— mation or explanation to make such deter- of the violation; (A) the information contained in registra- mination; or (iii) in the case of a late registration or fil- tions for a period that ends not less than 5 (B) make a formal request for information ing, which shall be $200 for each week by years after the termination of the registra- under subsection (c) or a notification under which the registration or filing was late, un- tion under section 1104(d); and section 1109(a), if the information or expla- less the Director determines that the failure (B) the information contained in reports nation provided is not adequate to make a to timely register or file constitutes a major filed under this title for a period that ends determination under subparagraph (A). violation (as defined under subsection (e)(2)) not less than 5 years after the date on which (2) WRITTEN DECISION.—If the Director in which case the amount shall be as pre- the reports are received; makes a determination under paragraph scribed by clause (ii); or (9) compile and summarize, with respect to (1)(A), the Director shall issue a public writ- (iv) in the case of a failure to provide infor- each semiannual period, the information ten decision in accordance with section 1110. mation requested by the Director pursuant contained in registrations and reports filed (c) FORMAL REQUEST FOR INFORMATION.—If to section 1108(c), which shall be no more with respect to such period in a manner a person or entity fails to respond in writing than $10,000, depending on the extent and which clearly presents the extent and nature within the period described in the notifica- gravity of the violation, except that no pen- of expenditures on lobbying activities during tion under subsection (a) or the response is alty shall be assessed if the Director deter- such period; not adequate to determine whether such per- mines that the violation was the result of a (10) make information compiled and sum- son or entity has violated this title, the Di- good faith dispute over the validity or appro- marized under paragraph (9) available to the rector may make a formal request for spe- priate scope of a request for information. public in electronic and hard copy formats as cific additional written information (subject (2) DETERMINATION OF NO VIOLATION OR IN- soon as practicable after the close of each to applicable privileges) that is reasonably SUFFICIENT EVIDENCE.—If the Director deter- semiannual filing period; necessary for the Director to make such de- mines that no violation occurred or there (11) provide, by computer telecommuni- termination. Each such request shall be was not sufficient evidence that a violation cation or other transmittal in a form acces- structured to minimize any burden imposed, occurred, the Director shall issue a written sible by computer, to the Secretary of the consistent with the need to determine decision in accordance with section 1110. whether the person or entity is in compli- Senate and the Clerk of the House of Rep- (d) CIVIL INJUNCTIVE RELIEF.—If a person or resentatives copies of all registrations and ance with this title, and shall— entity fails to comply with a directive to reports received under sections 1104 and 1105 (1) state the nature of the conduct con- correct a violation under subsection (c), the and all compilations, cross-indexes, and sum- stituting the alleged violation which is the Director shall refer the case to the Attorney basis for the inquiry and the provision of law maries of such registrations and reports, as General to seek civil injunctive relief in the applicable thereto; soon as practicable (but not later than 3 appropriate court of the United States to (2) describe the class or classes of material working days) after such material is received compel such person or entity to comply with to be produced pursuant to the request with or created; such directive. such definiteness and certainty as to permit (12) make available to the public a list of (e) PENALTY ASSESSMENTS.— such material to be readily identified; and all persons whom the Director determines, (1) GENERAL RULE.—No penalty shall be as- (3) prescribe a return date or dates which under section 1109 (after exhaustion of all ap- sessed under this section unless the Director provide a reasonable period of time within peals under section 1111) to have committed finds that the person or entity subject to the which the person or entity may assemble and a major or minor violation of this title and penalty knew or should have known that make available for inspection and copying or such person or entity was in violation of this submit such list to the Congress as part of reproduction the material so requested. the report provided for under paragraph (13); title. In determining the amount of a pen- SEC. 1109. DETERMINATIONS OF VIOLATIONS. (13) make available to the public upon re- alty to be assessed, the Director shall take quest and transmit to the President, the Sec- (a) NOTIFICATION AND HEARING.—If the in- into account the totality of the cir- formation provided to the Director under retary of the Senate, the Clerk of the House cumstances, including the extent and grav- section 1108 indicates that a person or entity of Representatives, the Committee on Gov- ity of the violation, whether the violation may have violated this title, the Director ernmental Affairs of the Senate, and the was voluntarily admitted and corrected, the shall— Committee on the Judiciary of the House of extent to which the person or entity may (1) notify the person or entity in writing of Representatives a report, not later than have profited from the violation, the ability this finding and, if appropriate, a proposed March 31 of each year, describing the activi- of the person or entity to pay, and such penalty assessment and provide such person ties of the Office and the implementation of other matters as justice may require. or entity with an opportunity to respond in this title, including— (2) REGULATIONS.—Regulations prescribed writing within 30 days after the notice is (A) a financial statement for the preceding by the Director under section 1107 shall de- sent; and fiscal year; fine major and minor violations. Major vio- (2) if requested in writing by that person or (B) a summary of the registrations and re- lations shall be defined to include a failure entity within that 30-day period, afford the ports filed with the Office with respect to the to register and any other violation that is person or entity an opportunity for a hearing preceding calendar year; extensive or repeated, if the person or entity on the record under the provisions of section (C) a summary of the registrations and re- who failed to register or committed such 554 of title 5, United States Code. ports filed on behalf of foreign entities with other violation— (b) DETERMINATION.—Upon the receipt of a respect to the preceding calendar year; and (A) had actual knowledge that the conduct written response under subsection (a)(1) (D) recommendations for such legislative constituted a violation; when no hearing under subsection (a)(2) is re- or other action as the Director considers ap- (B) acted in deliberate ignorance of the quested, upon the completion of a hearing re- propriate; and provisions of this title or regulations related quested under subsection (a)(2), or upon the (14) study the appropriateness of the defini- to the conduct constituting a violation; or expiration of 30 days in a case in which no tion of ‘‘public official’’ under section (C) acted in reckless disregard of the provi- such written response is received, the Direc- 1103(17) and make recommendations for any sions of this title or regulations related to tor shall review the information received change in such definition in the first report the conduct constituting a violation. under section 1108 and this section (including filed pursuant to paragraph (13). (f) LIMITATION.—No proceeding shall be ini- evidence presented at any such hearing) and tiated under section 1108 or this section un- make a final determination whether there SEC. 1108. INITIAL PROCEDURE FOR ALLEGED less the Director notifies the person or en- VIOLATIONS. was a violation and a final determination of tity who is to be the subject of the proceed- (a) ALLEGATION OF A VIOLATION.—Whenever the penalty, if any. If no written response ing of the alleged violation within 3 years the Office of Lobbying Registration and Pub- was received under this section within the after the date on which the alleged violation lic Disclosure has reason to believe that a 30-day period provided, the determination occurred. person or entity may be in violation of the and penalty assessment shall constitute a requirements of this title, the Director shall final order not subject to appeal. SEC. 1110. DISCLOSURE OF INFORMATION; WRIT- notify the person or entity in writing of the (c) WRITTEN DECISION.— TEN DECISIONS. nature of the alleged violation and provide (1) DETERMINATION OF VIOLATION.—If the (a) DISCLOSURE OF INFORMATION.—Informa- an opportunity for the person or entity to re- Director makes a final determination under tion provided to the Director pursuant to spond in writing to the allegation within 30 subsection (b) that there was a violation, the sections 1108 and 1109 shall not be made days after the notification is sent or such Director shall issue a written decision in ac- available to the public without the consent longer period as the Director may determine cordance with section 1110— of the person or entity providing the infor- appropriate in the circumstances. (A) directing the person or entity to cor- mation, except to the extent that such infor- (b) INITIAL DETERMINATION.— rect the violation; and mation may be included in— S 146 CONGRESSIONAL RECORD — SENATE January 4, 1995

(1) a new or amended report or registration (c) AUDIT AND INVESTIGATIONS.—Nothing in (1) in paragraph (2) by striking subpara- filed under this title; or this title shall be construed to grant general graphs (A), (B), and (C) and inserting the fol- (2) a written decision issued by the Direc- audit or investigative authority to the Di- lowing: tor under this section. rector. ‘‘(A) the name of any registrant under the (b) WRITTEN DECISIONS.—All written deci- SEC. 1113. AMENDMENTS TO THE FOREIGN Lobbying Disclosure Act of 1994 who has sions issued by the Director under sections AGENTS REGISTRATION ACT. made lobbying contacts on behalf of the per- 1108 and 1109 shall be made available to the The Foreign Agents Registration Act of son with respect to that Federal contract, public. The Director may provide for the 1938 (22 U.S.C. 611 et seq.) is amended— grant, loan, or cooperative agreement; and publication of a written decision if the Di- (1) in section 1— ‘‘(B) a certification that the person making rector determines that publication would (A) by striking subsection (j); the declaration has not made, and will not provide useful guidance. Before making a (B) in subsection (o) by striking ‘‘the dis- make, any payment prohibited by subsection written decision public, the Director— semination of political propaganda and any (a).’’; (1) shall delete information that would other activity which the person engaging (2) in paragraph (3) by striking all that fol- identify a person or entity who was alleged therein believes will, or which he intends to, lows ‘‘loan shall contain’’ and inserting ‘‘the to have violated this title if— prevail upon, indoctrinate, convert, induce, name of any registrant under the Lobbying (A) there was insufficient evidence to de- persuade, or in any other way influence’’ and Disclosure Act of 1994 who has made lobby- termine that the person or entity violated inserting ‘‘any activity that the person en- ing contacts on behalf of the person in con- this title or the Director found that person gaging in believes will, or that the person in- nection with that loan insurance or guaran- or entity did not violate this title, and tends to, in any way influence’’; tee.’’; and (B) the person or entity so requests; and (C) in subsection (p) by striking the semi- (3) by striking paragraph (6) and redesig- (2) shall delete information that would colon and inserting a period; and nating paragraph (7) as paragraph (6). identify any other person or entity (other (D) by striking subsection (q); (b) REMOVAL OF OBSOLETE REPORTING RE- than a person or entity who was found to (2) in section 3(g) (22 U.S.C. 613(g)), by QUIREMENT.—Section 1352 of title 31, United have violated this title), if the Director de- striking ‘‘established agency proceedings, States Code, is further amended— termines that such person or entity could whether formal or informal.’’ and inserting reasonably be expected to be injured by the ‘‘judicial proceedings, criminal or civil law (1) by striking subsection (d); and disclosure of such information. enforcement inquiries, investigations, or (2) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), re- SEC. 1111. JUDICIAL REVIEW. proceedings, or agency proceedings required spectively. (a) FINAL DECISION.—A written decision is- by statute or regulation to be conducted on sued by the Director under section 1109 shall the record.’’; SEC. 1115. REPEAL OF CERTAIN LOBBYING PRO- become final 60 days after the date on which (3) in section 3 (22 U.S.C. 613) by adding at VISIONS. the Director provides notice of the decision, the end the following: (a) REPEAL OF THE FEDERAL REGULATION OF unless such decision is appealed under sub- ‘‘(h) Any agent of a person described in sec- LOBBYING ACT.—The Federal Regulation of section (b) of this section. tion 1(b)(2) or an entity described in section Lobbying Act (2 U.S.C. 261 et seq.) is re- (b) APPEAL.—Any person or entity ad- 1(b)(3) if the agent is required to register and pealed. versely affected by a written decision issued does register under the Lobbying Disclosure (b) REPEAL OF PROVISIONS RELATING TO by the Director under section 1109 may ap- Act of 1994 in connection with the agent’s HOUSING LOBBYIST ACTIVITIES.— peal such decision, except as provided under representation of such person or entity.’’; (1) Section 13 of the Department of Hous- section 1109(b), to the appropriate United (4) in section 4(a) (22 U.S.C. 614(a))— ing and Urban Development Act (42 U.S.C. States court of appeals. Such review may be (A) by striking ‘‘political propaganda’’ and 3537b) is repealed. inserting ‘‘informational materials’’; and obtained by filing a written notice of appeal (2) Section 536(d) of the Housing Act of 1949 (B) by striking ‘‘and a statement, duly in such court no later than 60 days after the (42 U.S.C. 1490p(d)) is repealed. date on which the Director provides notice of signed by or on behalf of such an agent, set- the Director’s decision and by simulta- ting forth full information as to the places, SEC. 1116. CONFORMING AMENDMENTS TO neously sending a copy of such notice of ap- times, and extent of such transmittal’’; OTHER STATUTES. peal to the Director. The Director shall file (5) in section 4(b) (22 U.S.C. 614(b))— (a) AMENDMENT TO COMPETITIVENESS POL- in such court the record upon which the deci- (A) in the matter preceding clause (i), by ICY COUNCIL ACT.—Section 5206(e) of the sion was issued, as provided under section striking ‘‘political propaganda’’ and insert- Competitiveness Policy Council Act (15 2112 of title 28, United States Code. The find- ing ‘‘informational materials’’; and U.S.C. 4804(e)) is amended by inserting ‘‘or a ings of fact of the Director shall be conclu- (B) by striking ‘‘(i) in the form of prints, lobbyist for a foreign entity (as the terms sive, unless found to be unsupported by sub- or’’ and all that follows through the end of ‘lobbyist’ and ‘foreign entity’ are defined the subsection and inserting ‘‘without plac- stantial evidence, as provided under section under section 1103 of the Lobbying Disclo- ing in such informational materials a con- 706(2)(E) of title 5, United States Code. Any sure Act of 1994)’’ after ‘‘an agent for a for- spicuous statement that the materials are penalty assessed or other action taken in the eign principal’’. distributed by the agent on behalf of the for- decision shall be stayed during the pendency (b) AMENDMENTS TO TITLE 18, UNITED eign principal, and that additional informa- of the appeal. STATES CODE.—Section 219(a) of title 18, tion is on file with the Department of Jus- (c) RECOVERY OF PENALTY.—Any penalty United States Code, is amended— tice, Washington, District of Columbia. The assessed in a written decision which has be- (1) by inserting ‘‘or a lobbyist required to Attorney General may by rule define what come final under this title may be recovered register under the Lobbying Disclosure Act constitutes a conspicuous statement for the in a civil action brought by the Attorney of 1994 in connection with the representation purposes of this subsection.’’; of a foreign entity, as defined in section General in an appropriate United States dis- (6) in section 4(c) (22 U.S.C. 614(c)), by trict court. In any such action, no matter 1103(7) of that Act’’ after ‘‘an agent of a for- striking ‘‘political propaganda’’ and insert- eign principal required to register under the that was raised or that could have been ing ‘‘informational materials’’; Foreign Agents Registration Act of 1938’’; raised before the Director or pursuant to ju- (7) in section 6 (22 U.S.C. 616)— and dicial review under subsection (b) may be (A) in subsection (a) by striking ‘‘and all (2) by striking out ‘‘, as amended,’’. raised as a defense, and the determination of statements concerning the distribution of (c) AMENDMENT TO FOREIGN SERVICE ACT OF liability and the determination of amounts political propaganda’’; 1980.—Section 602(c) of the Foreign Service of penalties and assessments shall not be (B) in subsection (b) by striking ‘‘, and one Act of 1980 (22 U.S.C. 4002(c)) is amended by subject to review. copy of every item of political propaganda’’; inserting ‘‘or a lobbyist for a foreign entity SEC. 1112. RULES OF CONSTRUCTION. and (as defined in section 1103(7) of the Lobbying (a) CONSTITUTIONAL RIGHTS.—Nothing in (C) in subsection (c) by striking ‘‘copies of Disclosure Act of 1994)’’ after ‘‘an agent of a this title shall be construed to prohibit or political propaganda,’’; interfere with— (8) in section 8 (22 U.S.C. 618)— foreign principal (as defined by section 1(b) (1) the right to petition the government for (A) in subsection (a)(2) by striking ‘‘or in of the Foreign Agents Registration Act of the redress of grievances; any statement under section 4(a) hereof con- 1938)’’. (2) the right to express a personal opinion; cerning the distribution of political propa- SEC. 1117. SEVERABILITY. or ganda’’; and If any provision of this title, or the appli- (3) the right of association, (B) by striking subsection (d); and cation thereof, is held invalid, the validity of protected by the first amendment to the (9) in section 11 (22 U.S.C. 621) by striking the remainder of this title and the applica- Constitution. ‘‘, including the nature, sources, and content tion of such provision to other persons and (b) PROHIBITION OF ACTIVITIES.—Nothing in of political propaganda disseminated or dis- circumstances shall not be affected thereby. this title shall be construed to prohibit, or to tributed’’. authorize the Director or any court to pro- SEC. 1114. AMENDMENTS TO THE BYRD AMEND- SEC. 1118. AUTHORIZATION OF APPROPRIATIONS. hibit, lobbying activities or lobbying con- MENT. There are authorized to be appropriated for tacts by any person or entity, regardless of (a) REVISED CERTIFICATION REQUIRE- fiscal years 1995, 1996, 1997, 1998, and 1999 such whether such person or entity is in compli- MENTS.—Section 1352(b) of title 31, United sums as may be necessary to carry out this ance with the requirements of this title. States Code, is amended— title. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 147

SEC. 1119. IDENTIFICATION OF CLIENTS AND tivities that are influencing legislation as (e) REGULATIONS.—Proposed regulations re- COVERED OFFICIALS. defined in section 4911(d) of the Internal Rev- quired to implement this title shall be pub- (a) ORAL LOBBYING CONTACTS.—Any person enue Code of 1986. lished for public comment no later than 270 or entity that makes an oral lobbying con- (b) ENTITIES COVERED BY SECTION 162(e) OF days after the date of the enactment of this tact with a covered legislative branch offi- THE INTERNAL REVENUE CODE OF 1986.—A reg- Act. No later than 1 year after the date of cial or a covered executive branch official istrant that is required to account for lobby- the enactment of this Act, final regulations shall, on the request of the official at the ing expenditures and does account for lobby- required to implement this title shall be time of the lobbying contact— ing expenditures pursuant to section 162(e) of published. (1) state whether the person or entity is the Internal Revenue Code of 1986 may— (f) PHASE-IN PERIOD.—No penalty shall be registered under this title and identify the (1) make a good faith estimate (by cat- assessed by the Director under section 1109(e) client on whose behalf the lobbying contact egory of dollar value) of applicable amounts for a violation of this title, other than for a is made; and that would not be deductible pursuant to violation of section 1106, which occurs during (2) state whether such client is a foreign such section for the appropriate semiannual the first semiannual reporting period under entity and identify any foreign entity re- period to meet the requirements of sections section 1105 after the effective date pre- quired to be disclosed under section 1104(b)(4) 1104(a)(3), 1105(a)(2), and 1105(b)(4); and scribed by subsection (a). that has a direct interest in the outcome of (2) in lieu of using the definition of ‘‘lobby- (g) INTERIM DIRECTOR.—Within 30 days the lobbying activity. ing activities’’ in section 1103(8) of this title, after the date of the enactment of this Act, (b) WRITTEN LOBBYING CONTACTS.—Any per- consider as lobbying activities only those ac- the President shall designate an interim Di- son or entity registered under this title that tivities, the costs of which are not deductible rector of the Office of Lobbying Registration makes a written lobbying contact (including pursuant to section 162(e) of the Internal and Public Disclosure, who shall serve at the an electronic communication) with a covered Revenue Code of 1986. pleasure of the President until a Director of legislative branch official or a covered exec- (c) DISCLOSURE OF ESTIMATE.—Any reg- such Office has been nominated by the Presi- utive branch official shall— istrant that elects to make estimates re- dent and confirmed by the Senate. The in- (1) if the client on whose behalf the lobby- quired by this title under the procedures au- terim Director may not promulgate final ing contact was made is a foreign entity, regulations pursuant to section 1107(d) or identify such client, state that the client is thorized by subsection (a) or (b) for reporting initiate procedures for alleged violations considered a foreign entity under this title, or threshold purposes shall— pursuant to section 1108. and state whether the person making the (1) inform the Director that the registrant lobbying contact is registered on behalf of has elected to make its estimates under such TITLE II—CONGRESSIONAL GIFT REFORM procedures; and that client under section 1104; and SEC. 1201. AMENDMENTS TO SENATE RULES. (2) make all such estimates, in a given cal- (2) identify any other foreign entity identi- Rule XXXV of the Standing Rules of the endar year, under such procedures. fied pursuant to section 1104(b)(4) that has a Senate is amended to read as follows: (d) STUDY.—Not later than March 31, 1997, direct interest in the outcome of the lobby- ‘‘1. No Member, officer, or employee of the the Comptroller General of the United States ing activity. Senate shall accept a gift, knowing that such shall review reporting by registrants under (c) IDENTIFICATION AS COVERED OFFICIAL.— gift is provided by a registered lobbyist, a subsections (a) and (b) and report to the Con- Upon request by a person or entity making a lobbying firm, or an agent of a foreign prin- gress— lobbying contact, the individual who is con- cipal in violation of the Lobbying Disclosure (1) the differences between the definition of tacted or the office employing that individ- Act of 1994. ‘‘lobbying activities’’ in section 1103(8) and ual shall indicate whether or not the individ- ‘‘2. (a) In addition to the restriction on re- the definitions of ‘‘lobbying expenditures’’, ual is a covered legislative branch official or ceiving gifts from registered lobbyists, lob- ‘‘influencing legislation’’, and related terms a covered executive branch official. bying firms, and agents of foreign principals in sections 162(e) and 4911 of the Internal SEC. 1120. TRANSITIONAL FILING REQUIREMENT. provided by paragraph 1 and except as pro- Revenue Code of 1986, as each are imple- (a) SIMULTANEOUS FILING.—Subject to sub- vided in this Rule, no Member, officer, or mented by regulations; section (b), each registrant shall transmit si- employee of the Senate shall knowingly ac- (2) the impact that any such differences multaneously to the Secretary of the Senate cept a gift from any other person. may have on filing and reporting under this and the Clerk of the House of Representa- ‘‘(b)(1) For the purpose of this Rule, the title pursuant to this subsection; and tives an identical copy of each registration term ‘gift’ means any gratuity, favor, dis- (3) any changes to this title or to the ap- and report required to be filed under this count, entertainment, hospitality, loan, for- propriate sections of the Internal Revenue title. bearance, or other item having monetary Code of 1986 that the Comptroller General (b) SUNSET PROVISION.—The simultaneous value. The term includes gifts of services, may recommend to harmonize the defini- filing requirement under subsection (a) shall training, transportation, lodging, and meals, tions. be effective until such time as the Director, whether provided in kind, by purchase of a in consultation with the Secretary of the SEC. 1122. EFFECTIVE DATES AND INTERIM ticket, payment in advance, or reimburse- Senate and the Clerk of the House of Rep- RULES. ment after the expense has been incurred. resentatives, determines that the Office of (a) IN GENERAL.—Except as otherwise pro- ‘‘(2) A gift to the spouse or dependent of a Lobbying Registration and Public Disclosure vided in this section, this title and the Member, officer, or employee (or a gift to is able to provide computer telecommuni- amendments made by this title shall take ef- any other individual based on that individ- cation or other transmittal of registrations fect January 1, 1996. ual’s relationship with the Member, officer, and reports as required under section (b) EFFECTIVE DATE OF GIFT PROHIBITION.— or employee) shall be considered a gift to the 1107(b)(11). Section 1106 shall take effect on January 3, Member, officer, or employee if it is given (c) IMPLEMENTATION.—The Director, the 1995. Beginning on that date, and for the re- with the knowledge and acquiescence of the Secretary of the Senate, and the Clerk of the mainder of calendar year 1995, such section Member, officer, or employee and the Mem- House of Representatives shall take such ac- shall apply to any gift provided by a lobbyist ber, officer, or employee has reason to be- tions as necessary to ensure that the Office or an agent of a foreign principal registered lieve the gift was given because of the offi- of Lobbying Registration and Public Disclo- under the Federal Regulation of Lobbying cial position of the Member, officer, or em- sure is able to provide computer tele- Act or the Foreign Agents Registration Act, ployee. communication or other transmittal of reg- including any person registered under such ‘‘(c) The restrictions in subparagraph (a) istrations and reports as required under sec- Acts as of July 1, 1994, or thereafter. shall not apply to the following: tion 1107(b)(11) on the effective date of this (c) ESTABLISHMENT OF OFFICE.—Sections ‘‘(1) Anything for which the Member, offi- title, or as soon thereafter as reasonably 1107 and 1118 shall take effect on the date of cer, or employee pays the market value, or practicable. enactment of this Act. does not use and promptly returns to the SEC. 1121. ESTIMATES BASED ON TAX REPORTING (d) REPEALS AND AMENDMENTS.—The re- donor. SYSTEM. peals and amendments made under sections ‘‘(2) A contribution, as defined in the Fed- (a) ENTITIES COVERED BY SECTION 6033(b) OF 1113, 1114, 1115, and 1116 shall take effect as eral Election Campaign Act of 1971 (2 U.S.C. THE INTERNAL REVENUE CODE OF 1986.—A reg- provided under subsection (a), except that 431 et seq.) that is lawfully made under that istrant that is required to report and does re- such repeals and amendments— Act, or attendance at a fundraising event port lobbying expenditures pursuant to sec- (1) shall not affect any proceeding or suit sponsored by a political organization de- tion 6033(b)(8) of the Internal Revenue Code commenced before the effective date under scribed in section 527(e) of the Internal Reve- of 1986 may— subsection (a), and in all such proceedings or nue Code of 1986. (1) make a good faith estimate (by cat- suits, proceedings shall be had, appeals ‘‘(3) Anything provided by an individual on egory of dollar value) of applicable amounts taken, and judgments rendered in the same the basis of a personal or family relationship that would be required to be disclosed under manner and with the same effect as if this unless the Member, officer, or employee has such section for the appropriate semiannual title had not been enacted; and reason to believe that, under the cir- period to meet the requirements of sections (2) shall not affect the requirements of cumstances, the gift was provided because of 1104(a)(3), 1105(a)(2), and 1105(b)(4); and Federal agencies to compile, publish, and re- the official position of the Member, officer, (2) in lieu of using the definition of ‘‘lobby- tain information filed or received before the or employee and not because of the personal ing activities’’ in section 1103(8) of this title, effective date of such repeals and amend- or family relationship. The Select Commit- consider as lobbying activities only those ac- ments. tee on Ethics shall provide guidance on the S 148 CONGRESSIONAL RECORD — SENATE January 4, 1995 applicability of this clause and examples of ‘‘(20) Free attendance at a widely attended unless the Select Committee on Ethics issues circumstances under which a gift may be ac- event permitted pursuant to subparagraph a written determination that one of such ex- cepted under this exception. (d). ceptions applies. ‘‘(4) A contribution or other payment to a ‘‘(21) Opportunities and benefits which ‘‘(f)(1) The Committee on Rules and Ad- legal expense fund established for the benefit are— ministration is authorized to adjust the dol- of a Member, officer, or employee, that is ‘‘(A) available to the public or to a class lar amount referred to in subparagraph (c)(5) otherwise lawfully made, if the person mak- consisting of all Federal employees, whether on a periodic basis, to the extent necessary ing the contribution or payment is identified or not restricted on the basis of geographic to adjust for inflation. for the Select Committee on Ethics. consideration; ‘‘(2) The Select Committee on Ethics shall ‘‘(5) Any food or refreshments which the ‘‘(B) offered to members of a group or class provide guidance setting forth reasonable recipient reasonably believes to have a value in which membership is unrelated to con- steps that may be taken by Members, offi- of less than $20. gressional employment; cers, and employees, with a minimum of pa- ‘‘(6) Any gift from another Member, officer, ‘‘(C) offered to members of an organization, perwork and time, to prevent the acceptance or employee of the Senate or the House of such as an employees’ association or con- of prohibited gifts from lobbyists. Representatives. gressional credit union, in which member- ‘‘(3) When it is not practicable to return a ‘‘(7) Food, refreshments, lodging, and other ship is related to congressional employment tangible item because it is perishable, the benefits— and similar opportunities are available to item may, at the discretion of the recipient, ‘‘(A) resulting from the outside business or large segments of the public through organi- be given to an appropriate charity or de- zations of similar size; employment activities (or other outside ac- stroyed. ‘‘(D) offered to any group or class that is tivities that are not connected to the duties ‘‘3. (a)(1) Except as prohibited by para- not defined in a manner that specifically dis- of the Member, officer, or employee as an of- graph 1, a reimbursement (including pay- criminates among Government employees on ficeholder) of the Member, officer, or em- ment in kind) to a Member, officer, or em- the basis of branch of Government or type of ployee, or the spouse of the Member, officer, responsibility, or on a basis that favors those ployee for necessary transportation, lodging or employee, if such benefits have not been of higher rank or rate of pay; and related expenses for travel to a meeting, offered or enhanced because of the official ‘‘(E) in the form of loans from banks and speaking engagement, factfinding trip or position of the Member, officer, or employee other financial institutions on terms gen- similar event in connection with the duties and are customarily provided to others in erally available to the public; or of the Member, officer, or employee as an of- similar circumstances; ‘‘(F) in the form of reduced membership or ficeholder shall be deemed to be a reimburse- ‘‘(B) customarily provided by a prospective other fees for participation in organization ment to the Senate and not a gift prohibited employer in connection with bona fide em- activities offered to all Government employ- by this Rule, if the Member, officer, or em- ployment discussions; or ees by professional organizations if the only ployee— ‘‘(C) provided by a political organization restrictions on membership relate to profes- ‘‘(A) in the case of an employee, receives described in section 527(e) of the Internal sional qualifications. advance authorization, from the Member or Revenue Code of 1986 in connection with a ‘‘(22) A plaque, trophy, or other memento officer under whose direct supervision the fundraising or campaign event sponsored by of modest value. employee works, to accept reimbursement, such an organization. ‘‘(23) Anything for which, in an unusual and ‘‘(8) Pension and other benefits resulting case, a waiver is granted by the Select Com- ‘‘(B) discloses the expenses reimbursed or from continued participation in an employee mittee on Ethics. to be reimbursed and the authorization to welfare and benefits plan maintained by a ‘‘(d)(1) Except as prohibited by paragraph the Secretary of the Senate within 30 days former employer. 1, a Member, officer, or employee may accept after the travel is completed. ‘‘(9) Informational materials that are sent an offer of free attendance at a widely at- ‘‘(2) For purposes of clause (1), events, the to the office of the Member, officer, or em- tended convention, conference, symposium, activities of which are substantially rec- ployee in the form of books, articles, periodi- forum, panel discussion, dinner, viewing, re- reational in nature, shall not be considered cals, other written materials, audiotapes, ception, or similar event, provided by the to be in connection with the duties of a videotapes, or other forms of communica- sponsor of the event, if— Member, officer, or employee as an office- tion. ‘‘(A) the Member, officer, or employee par- holder. ‘‘(10) Awards or prizes which are given to ticipates in the event as a speaker or a panel ‘‘(b) Each advance authorization to accept competitors in contests or events open to the participant, by presenting information relat- reimbursement shall be signed by the Mem- public, including random drawings. ed to Congress or matters before Congress, or ber or officer under whose direct supervision ‘‘(11) Honorary degrees (and associated by performing a ceremonial function appro- the employee works and shall include— travel, food, refreshments, and entertain- priate to the Member’s, officer’s, or employ- ‘‘(1) the name of the employee; ment) and other bona fide, nonmonetary ee’s official position; or ‘‘(2) the name of the person who will make awards presented in recognition of public ‘‘(B) attendance at the event is appropriate the reimbursement; service (and associated food, refreshments, to the performance of the official duties or ‘‘(3) the time, place, and purpose of the and entertainment provided in the presen- representative function of the Member, offi- travel; and tation of such degrees and awards). cer, or employee. ‘‘(4) a determination that the travel is in ‘‘(12) Donations of products from the State ‘‘(2) A Member, officer, or employee who connection with the duties of the employee that the Member represents that are in- attends an event described in clause (1) may as an officeholder and would not create the accept a sponsor’s unsolicited offer of free tended primarily for promotional purposes, appearance that the employee is using public attendance at the event for an accompanying such as display or free distribution, and are office for private gain. individual if others in attendance will gen- of minimal value to any individual recipient. ‘‘(c) Each disclosure made under subpara- erally be similarly accompanied or if such ‘‘(13) Food, refreshments, and entertain- graph (a)(1) of expenses reimbursed or to be attendance is appropriate to assist in the ment provided to a Member or an employee representation of the Senate. reimbursed shall be signed by the Member or of a Member in the Member’s home State, ‘‘(3) Except as prohibited by paragraph 1, a officer (in the case of travel by that Member subject to reasonable limitations, to be es- Member, officer, or employee, or the spouse or officer) or by the Member or officer under tablished by the Committee on Rules and or dependent thereof, may accept a sponsor’s whose direct supervision the employee works Administration. unsolicited offer of free attendance at a (in the case of travel by an employee) and ‘‘(14) An item of little intrinsic value such charity event, except that reimbursement shall include— as a greeting card, baseball cap, or a T shirt. for transportation and lodging may not be ‘‘(1) a good faith estimate of total trans- ‘‘(15) Training (including food and refresh- accepted in connection with the event. portation expenses reimbursed or to be reim- ments furnished to all attendees as an inte- ‘‘(4) For purposes of this paragraph, the bursed; gral part of the training) provided to a Mem- term ‘free attendance’ may include waiver of ‘‘(2) a good faith estimate of total lodging ber, officer, or employee, if such training is all or part of a conference or other fee, the expenses reimbursed or to be reimbursed; in the interest of the Senate. provision of local transportation, or the pro- ‘‘(3) a good faith estimate of total meal ex- ‘‘(16) Bequests, inheritances, and other vision of food, refreshments, entertainment, penses reimbursed or to be reimbursed; transfers at death. and instructional materials furnished to all ‘‘(4) a good faith estimate of the total of ‘‘(17) Any item, the receipt of which is au- attendees as an integral part of the event. other expenses reimbursed or to be reim- thorized by the Foreign Gifts and Decora- The term does not include entertainment bursed; tions Act, the Mutual Educational and Cul- collateral to the event, or food or refresh- ‘‘(5) a determination that all such expenses tural Exchange Act, or any other statute. ments taken other than in a group setting are necessary transportation, lodging, and ‘‘(18) Anything which is paid for by the with all or substantially all other attendees. related expenses as defined in this para- Federal Government, by a State or local gov- ‘‘(e) No Member, officer, or employee may graph; and ernment, or secured by the Government accept a gift the value of which exceeds $250 ‘‘(6) in the case of a reimbursement to a under a Government contract. on the basis of the personal relationship ex- Member or officer, a determination that the ‘‘(19) A gift of personal hospitality of an in- ception in subparagraph (c)(3) or the close travel was in connection with the duties of dividual, as defined in section 109(14) of the personal friendship exception in section the Member or officer as an officeholder and Ethics in Government Act. 1106(d) of the Lobbying Disclosure Act of 1994 would not create the appearance that the January 4, 1995 CONGRESSIONAL RECORD — SENATE S 149 Member or officer is using public office for scribed in section 527(e) of the Internal Reve- ‘‘(17) Any item, the receipt of which is au- private gain. nue Code of 1986. thorized by the Foreign Gifts and Decora- ‘‘(d) For the purposes of this paragraph, ‘‘(3) Anything provided by an individual on tions Act, the Mutual Educational and Cul- the term ‘necessary transportation, lodging, the basis of a personal or family relationship tural Exchange Act, or any other statute. and related expenses’— unless the Member, officer, or employee has ‘‘(18) Anything which is paid for by the ‘‘(1) includes reasonable expenses that are reason to believe that, under the cir- Federal Government, by a State or local gov- necessary for travel for a period not exceed- cumstances, the gift was provided because of ernment, or secured by the Government ing 3 days exclusive of travel time within the the official position of the Member, officer, under a Government contract. United States or 7 days exclusive of travel or employee and not because of the personal ‘‘(19) A gift of personal hospitality of an in- time outside of the United States unless ap- or family relationship. The Committee on dividual, as defined in section 109(14) of the proved in advance by the Select Committee Standards of Official Conduct shall provide Ethics in Government Act. on Ethics; guidance on the applicability of this clause ‘‘(20) Free attendance at a widely attended ‘‘(2) is limited to reasonable expenditures and examples of circumstances under which event permitted pursuant to paragraph (e). for transportation, lodging, conference fees a gift may be accepted under this exception. ‘‘(21) Opportunities and benefits which and materials, and food and refreshments, ‘‘(4) A contribution or other payment to a are— including reimbursement for necessary legal expense fund established for the benefit ‘‘(A) available to the public or to a class transportation, whether or not such trans- of a Member, officer, or employee, that is consisting of all Federal employees, whether portation occurs within the periods described otherwise lawfully made, if the person mak- in clause (1); ing the contribution or payment is identified or not restricted on the basis of geographic ‘‘(3) does not include expenditures for rec- for the Committee on Standards of Official consideration; reational activities, or entertainment other Conduct. ‘‘(B) offered to members of a group or class than that provided to all attendees as an in- ‘‘(5) Any food or refreshments which the in which membership is unrelated to con- tegral part of the event; and recipient reasonably believes to have a value gressional employment; ‘‘(4) may include travel expenses incurred of less than $20. ‘‘(C) offered to members of an organization, on behalf of either the spouse or a child of ‘‘(6) Any gift from another Member, officer, such as an employees’ association or con- the Member, officer, or employee, subject to or employee of the Senate or the House of gressional credit union, in which member- a determination signed by the Member or of- Representatives. ship is related to congressional employment ficer (or in the case of an employee, the ‘‘(7) Food, refreshments, lodging, and other and similar opportunities are available to Member or officer under whose direct super- benefits— large segments of the public through organi- vision the employee works) that the attend- ‘‘(A) resulting from the outside business or zations of similar size; ance of the spouse or child is appropriate to employment activities (or other outside ac- ‘‘(D) offered to any group or class that is assist in the representation of the Senate. tivities that are not connected to the duties not defined in a manner that specifically dis- ‘‘(e) The Secretary of the Senate shall of the Member, officer, or employee as an of- criminates among Government employees on make available to the public all advance au- ficeholder) of the Member, officer, or em- the basis of branch of Government or type of thorizations and disclosures of reimburse- ployee, or the spouse of the Member, officer, responsibility, or on a basis that favors those ment filed pursuant to subparagraph (a) as or employee, if such benefits have not been of higher rank or rate of pay; soon as possible after they are received.’’. offered or enhanced because of the official ‘‘(E) in the form of loans from banks and SEC. 1202. AMENDMENTS TO HOUSE RULES. position of the Member, officer, or employee other financial institutions on terms gen- and are customarily provided to others in Clause 4 of rule XLIII of the Rules of the erally available to the public; or similar circumstances; House of Representatives is amended to read ‘‘(F) in the form of reduced membership or ‘‘(B) customarily provided by a prospective as follows: other fees for participation in organization employer in connection with bona fide em- ‘‘4. (a) No Member, officer, or employee of activities offered to all Government employ- ployment discussions; or the House of Representatives shall accept a ‘‘(C) provided by a political organization ees by professional organizations if the only gift, knowing that such gift is provided di- described in section 527(e) of the Internal restrictions on membership relate to profes- rectly or indirectly by a registered lobbyist, Revenue Code of 1986 in connection with a sional qualifications. a lobbying firm, or an agent of a foreign fundraising or campaign event sponsored by ‘‘(22) A plaque, trophy, or other memento principal in violation of the Lobbying Dis- such an organization. of modest value. closure Act of 1994. ‘‘(8) Pension and other benefits resulting ‘‘(23) Anything for which, in exceptional ‘‘(b) In addition to the restriction on re- from continued participation in an employee circumstances, a waiver is granted by the ceiving gifts from registered lobbyists, lob- welfare and benefits plan maintained by a Committee on Standards of Official Conduct. bying firms, and agents of foreign principals former employer. ‘‘(e)(1) Except as prohibited by paragraph provided by paragraph (a) and except as pro- ‘‘(9) Informational materials that are sent (a), a Member, officer, or employee may ac- vided in this Rule, no Member, officer, or to the office of the Member, officer, or em- cept an offer of free attendance at a widely employee of the House of Representatives ployee in the form of books, articles, periodi- attended convention, conference, sympo- shall knowingly accept a gift from any other cals, other written materials, audiotapes, sium, forum, panel discussion, dinner, view- person. videotapes, or other forms of communica- ing, reception, or similar event, provided by ‘‘(c)(1) For the purpose of this clause, the tion. the sponsor of the event, if— term ‘gift’ means any gratuity, favor, dis- ‘‘(10) Awards or prizes which are given to ‘‘(A) the Member, officer, or employee par- count, entertainment, hospitality, loan, for- competitors in contests or events open to the ticipates in the event as a speaker or a panel bearance, or other item having monetary public, including random drawings. participant, by presenting information relat- value. The term includes gifts of services, ‘‘(11) Honorary degrees (and associated ed to Congress or matters before Congress, or training, transportation, lodging, and meals, travel, food, refreshments, and entertain- by performing a ceremonial function appro- whether provided in kind, by purchase of a ment) and other bona fide, nonmonetary priate to the Member’s, officer’s, or employ- ticket, payment in advance, or reimburse- awards presented in recognition of public ee’s official position; or ment after the expense has been incurred. service (and associated food, refreshments, ‘‘(2) A gift to the spouse or dependent of a ‘‘(B) attendance at the event is appropriate and entertainment provided in the presen- to the performance of the official duties or Member, officer, or employee (or a gift to tation of such degrees and awards). representative function of the Member, offi- any other individual based on that individ- ‘‘(12) Donations of products from the State cer, or employee. ual’s relationship with the Member, officer, that the Member represents that are in- ‘‘(2) A Member, officer, or employee who or employee) shall be considered a gift to the tended primarily for promotional purposes, Member, officer, or employee if it is given such as display or free distribution, and are attends an event described in subparagraph with the knowledge and acquiescence of the of minimal value to any individual recipient. (1) may accept a sponsor’s unsolicited offer Member, officer, or employee and the Mem- ‘‘(13) Food, refreshments, and entertain- of free attendance at the event for an accom- ber, officer, or employee has reason to be- ment provided to a Member or an employee panying individual if others in attendance lieve the gift was given because of the offi- of a Member in the Member’s home State, will generally be similarly accompanied or if cial position of the Member, officer, or em- subject to reasonable limitations, to be es- such attendance is appropriate to assist in ployee. tablished by the Committee on Standards of the representation of the House of Rep- ‘‘(d) The restrictions in paragraph (b) shall Official Conduct. resentatives. not apply to the following: ‘‘(14) An item of little intrinsic value such ‘‘(3) Except as prohibited by paragraph (a), ‘‘(1) Anything for which the Member, offi- as a greeting card, baseball cap, or a T shirt. a Member, officer, or employee, or the cer, or employee pays the market value, or ‘‘(15) Training (including food and refresh- spouse or dependent thereof, may accept a does not use and promptly returns to the ments furnished to all attendees as an inte- sponsor’s unsolicited offer of free attendance donor. gral part of the training) provided to a Mem- at a charity event, except that reimburse- ‘‘(2) A contribution, as defined in the Fed- ber, officer, or employee, if such training is ment for transportation and lodging may not eral Election Campaign Act of 1971 (2 U.S.C. in the interest of the House of Representa- be accepted in connection with the event. 431 et seq.) that is lawfully made under that tives. ‘‘(4) For purposes of this paragraph, the Act, or attendance at a fundraising event ‘‘(16) Bequests, inheritances, and other term ‘free attendance’ may include waiver of sponsored by a political organization de- transfers at death. all or part of a conference or other fee, the S 150 CONGRESSIONAL RECORD — SENATE January 4, 1995 provision of local transportation, or the pro- ‘‘(C) a good faith estimate of total meal ex- (2) FOOD, REFRESHMENTS, AND ENTERTAIN- vision of food, refreshments, entertainment, penses reimbursed or to be reimbursed; MENT.—The rules on acceptance of food, re- and instructional materials furnished to all ‘‘(D) a good faith estimate of the total of freshments, and entertainment provided to a attendees as an integral part of the event. other expenses reimbursed or to be reim- Member of the Senate or an employee of The term does not include entertainment bursed; such a Member in the Member’s home State collateral to the event, or food or refresh- ‘‘(E) a determination that all such ex- before the adoption of reasonable limitations ments taken other than in a group setting penses are necessary transportation, lodging, by the Committee on Rules and Administra- with all or substantially all other attendees. and related expenses as defined in this para- tion shall be the rules in effect on the day ‘‘(f) No Member, officer, or employee may graph; and before the effective date of this title. accept a gift the value of which exceeds $250 ‘‘(F) in the case of a reimbursement to a (d) HOUSE PROVISION.—The rules on accept- on the basis of the personal relationship ex- Member or officer, a determination that the ance of food, refreshments, and entertain- ception in paragraph (d)(3) or the close per- travel was in connection with the duties of ment provided to a Member of the House of sonal friendship exception in section 1106(d) the Member or officer as an officeholder and Representatives or an employee of such a of the Lobbying Disclosure Act of 1994 unless would not create the appearance that the Member in the Member’s home State before the Committee on Standards of Official Con- Member or officer is using public office for the adoption of reasonable limitations by the duct issues a written determination that one private gain. Committee on Standards of Official Conduct of such exceptions applies. ‘‘(4) For the purposes of this paragraph, the shall be the rules in effect on the day before ‘‘(g)(1) The Committee on Standards of Of- term ‘necessary transportation, lodging, and the effective date of this title. ficial Conduct is authorized to adjust the related expenses’— SEC. 1204. EXERCISE OF CONGRESSIONAL RULE- dollar amount referred to in paragraph (c)(5) ‘‘(A) includes reasonable expenses that are MAKING POWERS. on a periodic basis, to the extent necessary necessary for travel— Sections 1201, 1202, 1203(c), and 1203(d) of to adjust for inflation. ‘‘(i) for a period not exceeding 4 days in- this title are enacted by Congress— ‘‘(2) The Committee on Standards of Offi- cluding travel time within the United States (1) as an exercise of the rulemaking power cial Conduct shall provide guidance setting or 7 days in addition to travel time outside of the Senate and the House of Representa- forth reasonable steps that may be taken by the United States; and tives, respectively, and pursuant to section Members, officers, and employees, with a ‘‘(ii) within 24 hours before or after partici- 7353(b)(1) of title 5, United States Code, and minimum of paperwork and time, to prevent pation in an event in the United States or accordingly, they shall be considered as part the acceptance of prohibited gifts from lob- within 48 hours before or after participation of the rules of each House, respectively, or of byists. in an event outside the United States, the House to which they specifically apply, ‘‘(3) When it is not practicable to return a and such rules shall supersede other rules tangible item because it is perishable, the unless approved in advance by the Commit- only to the extent that they are inconsistent item may, at the discretion of the recipient, tee on Standards of Official Conduct; therewith; and be given to an appropriate charity or de- ‘‘(B) is limited to reasonable expenditures (2) with full recognition of the constitu- stroyed. for transportation, lodging, conference fees tional right of either House to change such ‘‘(h)(1)(A) Except as prohibited by para- and materials, and food and refreshments, rules (insofar as they relate to that House) graph (a), a reimbursement (including pay- including reimbursement for necessary at any time and in the same manner and to ment in kind) to a Member, officer, or em- transportation, whether or not such trans- the same extent as in the case of any other ployee for necessary transportation, lodging portation occurs within the periods described rule of that House. and related expenses for travel to a meeting, in clause (A); speaking engagement, factfinding trip or ‘‘(C) does not include expenditures for rec- SEC. 1205. EFFECTIVE DATE. similar event in connection with the duties reational activities or entertainment other This title and the amendments made by of the Member, officer, or employee as an of- than that provided to all attendees as an in- this subtitle shall take effect on May 31, ficeholder shall be deemed to be a reimburse- tegral part of the event; and 1995. ‘‘(D) may include travel expenses incurred ment to the House of Representatives and DIVISION C—CAMPAIGN FINANCE on behalf of either the spouse or a child of not a gift prohibited by this paragraph, if the REFORM Member, officer, or employee— the Member, officer, or employee, subject to a determination signed by the Member or of- TITLE I—CONGRESSIONAL CAMPAIGN ‘‘(i) in the case of an employee, receives SPENDING LIMIT AND ELECTION REFORM advance authorization, from the Member or ficer (or in the case of an employee, the officer under whose direct supervision the Member or officer under whose direct super- SEC. 10000. SHORT TITLE; AMENDMENT OF CAM- PAIGN ACT; TABLE OF CONTENTS. employee works, to accept reimbursement, vision the officer or employee works) that and the attendance of the spouse or child is ap- (a) SHORT TITLE.—This title may be cited ‘‘(ii) discloses the expenses reimbursed or propriate to assist in the representation of as the ‘‘Congressional Campaign Spending to be reimbursed and the authorization to the House of Representatives. Limit and Election Reform Act of 1995’’. the Clerk of the House of Representatives ‘‘(5) The Clerk of the House of Representa- (b) AMENDMENT OF FECA.—When used in within 30 days after the travel is completed. tives shall make available to the public all this title, the term ‘‘FECA’’ means the Fed- ‘‘(B) For purposes of clause (A), events, the advance authorizations and disclosures of re- eral Election Campaign Act of 1971 (2 U.S.C. activities of which are substantially rec- imbursement filed pursuant to subparagraph 431 et seq.). reational in nature, shall not be considered (1) as soon as possible after they are re- (c) TABLE OF CONTENTS.— to be in connection with the duties of a ceived.’’. Member, officer, or employee as an office- SEC. 1203. MISCELLANEOUS PROVISIONS. DIVISION C—CAMPAIGN FINANCE holder. (a) AMENDMENTS TO THE ETHICS IN GOVERN- REFORM ‘‘(2) Each advance authorization to accept MENT ACT.—Section 102(a)(2)(B) of the Ethics TITLE X—CONGRESSIONAL CAMPAIGN reimbursement shall be signed by the Mem- in Government Act (5 U.S.C. 102, App. 6) is SPENDING LIMIT AND ELECTION RE- ber or officer under whose direct supervision amended by adding at the end thereof the FORM the employee works and shall include— following: ‘‘Reimbursements accepted by a ‘‘(A) the name of the employee; Federal agency pursuant to section 1353 of Sec. 10000. Short title; amendment of Cam- ‘‘(B) the name of the person who will make title 31, United States Code, or deemed ac- paign Act; table of contents. the reimbursement; cepted by the Senate or the House of Rep- Subtitle A—Control of Congressional ‘‘(C) the time, place, and purpose of the resentatives pursuant to Rule XXXV of the Campaign Spending travel; and Standing Rules of the Senate or clause 4 of PART I—SENATE ELECTION CAMPAIGN ‘‘(D) a determination that the travel is in Rule XLIII of the Rules of the House of Rep- SPENDING LIMITS AND BENEFITS connection with the duties of the employee resentatives shall be reported as required by Sec. 10001. Senate spending limits and bene- as an officeholder and would not create the such statute or rule and need not be reported fits. appearance that the employee is using public under this section.’’. Sec. 10002. Ban on activities of political ac- office for private gain. (b) REPEAL OF OBSOLETE PROVISION.—Sec- tion committees in Senate elec- ‘‘(3) Each disclosure made under subpara- tion 901 of the Ethics Reform Act of 1989 (2 tions. graph (1)(A) of expenses reimbursed or to be U.S.C. 31–2) is repealed. Sec. 10003. Reporting requirements. reimbursed shall be signed by the Member or (c) SENATE PROVISIONS.— Sec. 10004. Disclosure by noneligible can- officer (in the case of travel by that Member (1) AUTHORITY OF THE COMMITTEE ON RULES didates. or officer) or by the Member or officer under AND ADMINISTRATION.—The Senate Commit- Sec. 10005. Excess campaign funds of Senate whose direct supervision the employee works tee on Rules and Administration, on behalf candidates. (in the case of travel by an employee) and of the Senate, may accept gifts provided shall include— they do not involve any duty, burden, or con- PART II—GENERAL PROVISIONS ‘‘(A) a good faith estimate of total trans- dition, or are not made dependent upon some Sec. 10011. Broadcast rates and preemption. portation expenses reimbursed or to be reim- future performance by the United States. Sec. 10012. Reporting requirements for cer- bursed; The Committee on Rules and Administration tain independent expenditures. ‘‘(B) a good faith estimate of total lodging is authorized to promulgate regulations to Sec. 10013. Campaign advertising amend- expenses reimbursed or to be reimbursed; carry out this section. ments. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 151 Sec. 10014. Definitions. ‘‘(3) meets the threshold contribution re- ‘‘(E) the candidate intends to make use of Sec. 10015. Provisions relating to franked quirements of subsection (e). the benefits provided under section 503. mass mailings. ‘‘(b) PRIMARY FILING REQUIREMENTS.—(1) ‘‘(2) The certification under paragraph (1) Subtitle B—Independent Expenditures The requirements of this subsection are met shall be filed not later than 7 days after the if the candidate files with the Secretary of Sec. 10021. Clarification of definitions relat- earlier of— the Senate a declaration that— ing to independent expendi- ‘‘(A) the date the candidate qualifies for ‘‘(A) the candidate and the candidate’s au- tures. the general election ballot under State law; thorized committees— Sec. 10022. Equal broadcast time. or ‘‘(i) will meet the primary and runoff elec- ‘‘(B) if, under State law, a primary or run- Subtitle C—Expenditures tion expenditure limits of subsection (d); and off election to qualify for the general elec- PART I—PERSONAL LOANS; CREDIT ‘‘(ii) will only accept contributions for the tion ballot occurs after September 1, the Sec. 10031. Personal contributions and loans. primary and runoff elections which do not date the candidate wins the primary or run- Sec. 10032. Extensions of credit. exceed such limits; off election. ‘‘(B) the candidate and the candidate’s au- PART II—PROVISIONS RELATING TO SOFT ‘‘(d) PRIMARY AND RUNOFF EXPENDITURE thorized committees will meet the general MONEY OF POLITICAL PARTIES LIMITS.—(1) The requirements of this sub- election expenditure limit under section section are met if: Sec. 10033. Definitions. 502(b); Sec. 10034. Contributions to political party ‘‘(A) The candidate or the candidate’s au- ‘‘(C) the candidate and the candidate’s au- thorized committees did not make expendi- committees. thorized committees will meet the limita- Sec. 10035. Provisions relating to national, tures for the primary election in excess of tion on expenditures from personal funds the lesser of— State, and local party commit- under section 502(a); and tees. ‘‘(i) 67 percent of the general election ex- ‘‘(D) the candidate and the candidate’s au- penditure limit under section 502(b); or Sec. 10036. Restrictions on fundraising by thorized committees will meet the closed ‘‘(ii) $2,750,000. candidates and officeholders. captioning requirements of section 509. ‘‘(B) The candidate and the candidate’s au- Sec. 10037. Reporting requirements. ‘‘(2) The declaration under paragraph (1) thorized committees did not make expendi- Subtitle D—Contributions shall be filed not later than the date the can- tures for any runoff election in excess of 20 Sec. 10041. Contributions through didate files as a candidate for the primary percent of the general election expenditure intermediaries and conduits; election. limit under section 502(b). prohibition on certain contribu- ‘‘(c) GENERAL ELECTION FILING REQUIRE- ‘‘(2) The limitations under subparagraphs tions by lobbyists. MENTS.—(1) The requirements of this sub- (A) and (B) of paragraph (1) with respect to Sec. 10042. Contributions by dependents not section are met if the candidate certifies to any candidate shall be increased by the ag- of voting age. the Secretary of the Senate, under penalty of gregate amount of independent expenditures Sec. 10043. Contributions to candidates from perjury, that— State and local committees of ‘‘(A) the candidate and the candidate’s au- in opposition to, or on behalf of any oppo- political parties to be aggre- thorized committees— nent of, such candidate during the primary gated. ‘‘(i) met the primary and runoff election or runoff election period, whichever is appli- Sec. 10044. Contributions and expenditures expenditure limits under subsection (d); and cable, which are required to be reported to using money secured by phys- ‘‘(ii) did not accept contributions for the the Secretary of the Senate or to the Com- ical force or other intimidation. primary or runoff election in excess of the mission with respect to such period under Sec. 10045. Prohibition of acceptance by a primary or runoff expenditure limit under section 304. candidate of cash contributions subsection (d), whichever is applicable, re- ‘‘(3)(A) If the contributions received by the from any one person aggregat- duced by any amounts transferred to this candidate or the candidate’s authorized com- ing more than $100. election cycle from a preceding election mittees for the primary election or runoff election exceed the expenditures for either Subtitle E—Miscellaneous cycle; ‘‘(B) the candidate met the threshold con- such election, such excess contributions Sec. 10051. Prohibition of leadership com- tribution requirement under subsection (e), shall be treated as contributions for the gen- mittees. and that only allowable contributions were eral election and expenditures for the gen- Sec. 10052. Telephone voting by persons with taken into account in meeting such require- eral election may be made from such excess disabilities. contributions. Sec. 10053. Certain tax-exempt organizations ment; ‘‘(C) at least one other candidate has quali- ‘‘(B) Subparagraph (A) shall not apply to not subject to corporate limits. the extent that such treatment of excess Sec. 10054. Aiding and abetting violations of fied for the same general election ballot under the law of the State involved; contributions— FECA. ‘‘(i) would result in the violation of any Sec. 10055. Campaign advertising that refers ‘‘(D) such candidate and the authorized committees of such candidate— limitation under section 315; or to an opponent. ‘‘(ii) would cause the aggregate contribu- Sec. 10056. Limit on congressional use of the ‘‘(i) except as otherwise provided by this tions received for the general election to ex- franking privilege. title, will not make expenditures which ex- ceed the general election expenditure limit ceed the limits under subsection Subtitle F—Effective Dates; Authorizations under section 502(b); (c)(1)(D)(iii). Sec. 10061. Effective date. ‘‘(ii) will not accept any contributions in ‘‘(e) THRESHOLD CONTRIBUTION REQUIRE- Sec. 10062. Budget neutrality. violation of section 315; MENTS.—(1) The requirements of this sub- Sec. 10063. Severability. ‘‘(iii) except as otherwise provided by this section are met if the candidate and the can- Sec. 10064. Expedited review of constitu- title, will not accept any contribution for didate’s authorized committees have re- tional issues. the general election involved to the extent ceived allowable contributions during the Sec. 10065. Regulations. that such contribution would cause the ag- applicable period in an amount at least equal Subtitle A—Control of Congressional gregate amount of such contributions to ex- to 5 percent of the general election expendi- Campaign Spending ceed the sum of the amount of the general ture limit under section 502(b). PART I—SENATE ELECTION CAMPAIGN election expenditure limit under section ‘‘(2) For purposes of this section and sub- SPENDING LIMITS AND BENEFITS 502(b) and the amounts described in sub- sections (b) and (c) of section 503— sections (c), (d), and (e) of section 502, re- ‘‘(A) The term ‘allowable contributions’ SEC. 10001. SENATE SPENDING LIMITS AND BENE- duced by any amounts transferred to this means contributions which are made as gifts FITS. election cycle from a previous election cycle of money by an individual pursuant to a (a) IN GENERAL.—FECA is amended by add- and not taken into account under subpara- written instrument identifying such individ- ing at the end thereof the following new graph (A)(ii); ual as the contributor. title: ‘‘(iv) will deposit all payments received ‘‘(B) The term ‘allowable contributions’ ‘‘TITLE V—SPENDING LIMITS AND BENE- under this title in an account insured by the shall not include— FITS FOR SENATE ELECTION CAM- Federal Deposit Insurance Corporation from ‘‘(i) contributions made directly or indi- PAIGNS which funds may be withdrawn by check or rectly through an intermediary or conduit ‘‘SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE similar means of payment to third parties; which are treated as made by such BENEFITS. ‘‘(v) will furnish campaign records, evi- intermediary or conduit under section ‘‘(a) IN GENERAL.—For purposes of this dence of contributions, and other appro- 315(a)(8)(B); title, a candidate is an eligible Senate can- priate information to the Commission; ‘‘(ii) contributions from any individual didate if the candidate— ‘‘(vi) will cooperate in the case of any during the applicable period to the extent ‘‘(1) meets the primary and general elec- audit and examination by the Commission such contributions exceed $250; or tion filing requirements of subsections (b) under section 505 and will pay any amounts ‘‘(iii) contributions from individuals resid- and (c); required to be paid under that section; and ing outside the candidate’s State. ‘‘(2) meets the primary and runoff election ‘‘(vii) will meet the closed captioning re- Clauses (ii) and (iii) shall not apply for pur- expenditure limits of subsection (d); and quirements of section 509; and poses of section 503(b). S 152 CONGRESSIONAL RECORD — SENATE January 4, 1995 ‘‘(3) For purposes of this subsection and ‘‘(B) the only amounts transferred to the 301(9)(B) shall be applied without regard to subsections (b) and (c) of section 503, the fund are amounts received in accordance clause (ii) thereof. term ‘applicable period’ means— with the limitations, prohibitions, and re- ‘‘(A) the period beginning on January 1 of porting requirements of this Act; ‘‘SEC. 503. BENEFITS ELIGIBLE CANDIDATE ENTI- TLED TO RECEIVE. the calendar year preceding the calendar ‘‘(C) the aggregate amounts transferred to, year of the general election involved and and expenditures made from, the fund with ‘‘(a) IN GENERAL.—An eligible Senate can- ending on— respect to the election cycle do not exceed didate shall be entitled to— ‘‘(i) the date on which the certification the sum of— ‘‘(1) the broadcast media rates provided under subsection (c) is filed by the candidate; ‘‘(i) the lesser of— under section 315(b) of the Communications or ‘‘(I) 15 percent of the general election ex- Act of 1934; and ‘‘(ii) for purposes of subsections (b) and (c) penditure limit under subsection (b) for the ‘‘(2) payments in an amount equal to— of section 503, the date of such general elec- general election for which the fund was es- ‘‘(A) the excess expenditure amount deter- tion; or tablished; or mined under subsection (b); and ‘‘(B) in the case of a special election for the ‘‘(II) $300,000; plus ‘‘(B) the independent expenditure amount office of United States Senator, the period ‘‘(ii) the amount determined under para- determined under subsection (c). beginning on the date the vacancy in such graph (4); and ‘‘(b) EXCESS EXPENDITURE AMOUNT.—(1) For office occurs and ending on the date of the ‘‘(D) no funds received by the candidate purposes of subsection (a)(2)(A), except as general election involved. pursuant to section 503(a)(3) may be trans- provided in section 510(b), the amount deter- ‘‘(f) INDEXING.—The $2,750,000 amount ferred to the fund. mined under this subsection is, in the case of under subsection (d)(1) shall be increased as ‘‘(3) For purposes of this subsection, the an eligible Senate candidate who has an op- of the beginning of each calendar year based term ‘qualified legal and accounting expendi- ponent in the general election who receives on the increase in the price index determined tures’ means the following: contributions, or makes (or obligates to under section 315(c), except that, for pur- ‘‘(A) Any expenditures for costs of legal make) expenditures, for such election in ex- poses of subsection (d)(1) and section and accounting services provided in connec- cess of the general election expenditure limit 502(b)(3), the base period shall be calendar tion with— under section 502(b), the excess expenditure year 1996. ‘‘(i) any administrative or court proceeding amount. ‘‘SEC. 502. LIMITATIONS ON EXPENDITURES. initiated pursuant to this Act for the general ‘‘(2) For purposes of paragraph (1), the ex- election for which the legal and accounting ‘‘(a) LIMITATION ON USE OF PERSONAL cess expenditure amount is the amount de- fund was established; or FUNDS.—(1) The aggregate amount of expend- termined as follows: ‘‘(ii) the preparation of any documents or itures which may be made during an election ‘‘(A) In the case of a major party can- reports required by this Act or the Commis- cycle by an eligible Senate candidate or such didate, an amount equal to the sum of— sion. candidate’s authorized committees from the ‘‘(i) if the excess described in paragraph (1) ‘‘(B) Any expenditures for legal and ac- sources described in paragraph (2) shall not is less than 1331⁄3 percent of the general elec- counting services provided in connection exceed $25,000. tion expenditure limit under section 502(b), with the general election for which the legal ‘‘(2) A source is described in this paragraph an amount equal to one-third of such limit and accounting compliance fund was estab- if it is— applicable to the eligible Senate candidate lished to ensure compliance with this Act for the election; plus ‘‘(A) personal funds of the candidate and with respect to the election cycle for such ‘‘(ii) if such excess equals or exceeds 1331⁄3 members of the candidate’s immediate fam- general election. percent but is less than 1662⁄3 percent of such ily; or ‘‘(4)(A) If, after a general election, a can- limit, an amount equal to one-third of such ‘‘(B) personal debt incurred by the can- didate determines that the qualified legal limit; plus didate and members of the candidate’s im- and accounting expenditures will exceed the ‘‘(iii) if such excess equals or exceeds 1662⁄3 mediate family. limitation under paragraph (2)(C)(i), the can- percent of such limit, an amount equal to ‘‘(b) GENERAL ELECTION EXPENDITURE didate may petition the Commission by fil- LIMIT.—(1) Except as otherwise provided in ing with the Secretary of the Senate a re- one-third of such limit. this title, the aggregate amount of expendi- quest for an increase in such limitation. The ‘‘(B) In the case of an eligible Senate can- tures for a general election by an eligible Commission shall authorize an increase in didate who is not a major party candidate, Senate candidate and the candidate’s author- such limitation in the amount (if any) by an amount equal to the least of the follow- ized committees shall not exceed the lesser which the Commission determines the quali- ing: of— fied legal and accounting expenditures ex- ‘‘(i) The allowable contributions of the eli- ‘‘(A) $5,500,000; or ceed such limitation. Such determination gible Senate candidate during the applicable ‘‘(B) the greater of— shall be subject to judicial review under sec- period in excess of the threshold contribu- ‘‘(i) $1,200,000; or tion 506. tion requirement under section 501(e). ‘‘(ii) $400,000; plus ‘‘(B) Except as provided in section 315, any ‘‘(ii) 50 percent of the general election ex- ‘‘(I) 30 cents multiplied by the voting age contribution received or expenditure made penditure limit applicable to the eligible population not in excess of 4,000,000; and pursuant to this paragraph shall not be Senate candidate under section 502(b). ‘‘(II) 25 cents multiplied by the voting age taken into account for any contribution or ‘‘(iii) The excess described in paragraph (1). population in excess of 4,000,000. expenditure limit applicable to the candidate ‘‘(c) INDEPENDENT EXPENDITURE AMOUNT.— ‘‘(2) In the case of an eligible Senate can- under this title. For purposes of subsection (a)(2)(B), the didate in a State which has no more than 1 ‘‘(5) Any funds in a legal and accounting amount determined under this subsection is transmitter for a commercial Very High Fre- compliance fund shall be treated for pur- the total amount of independent expendi- quency (VHF) television station licensed to poses of this Act as a separate segregated tures made, or obligated to be made, during operate in that State, paragraph (1)(B)(ii) fund, except that any portion of the fund not the general election period by 1 or more per- shall be applied by substituting— used to pay qualified legal and accounting sons in opposition to, or on behalf of an op- ‘‘(A) ‘80 cents’ for ‘30 cents’ in subclause expenditures, and not transferred to a legal ponent of, an eligible Senate candidate (I); and and accounting compliance fund for the elec- which are required to be reported by such ‘‘(B) ‘70 cents’ for ‘25 cents’ in subclause tion cycle for the next general election, shall persons under section 304(c) with respect to (II). be treated in the same manner as other cam- the general election period and are certified ‘‘(3) The amount otherwise determined paign funds for purposes of section 313(b). by the Commission under section 304(c). under paragraph (1) for any calendar year ‘‘(d) PAYMENT OF TAXES ON EARNINGS.—The ‘‘(d) WAIVER OF EXPENDITURE AND CON- shall be increased by the same percentage as limitation under subsection (b) shall not TRIBUTION LIMITS.—(1)(A) An eligible Senate the percentage increase for such calendar apply to any expenditure for Federal, State, candidate who receives payments under sub- year under section 501(f) (relating to index- or local income taxes on the earnings of a section (a)(2) may make expenditures from ing). candidate’s authorized committees. such payments to defray expenditures for the ‘‘(c) LEGAL AND ACCOUNTING COMPLIANCE ‘‘(e) CERTAIN EXPENSES.—In the case of an general election without regard to the gen- FUND.—(1) The limitation under subsection eligible Senate candidate who holds a Fed- eral election expenditure limit under section (b) shall not apply to qualified legal and ac- eral office, the limitation under subsection 502(b). counting expenditures made by a candidate (b) shall not apply to ordinary and necessary ‘‘(B) In the case of an eligible Senate can- or the candidate’s authorized committees or expenses of travel of such individual and the didate who is not a major party candidate, a Federal officeholder from a legal and ac- individual’s spouse and children between the general election expenditure limit under counting compliance fund meeting the re- Washington, D.C. and the individual’s State section 502(b) with respect to such candidate quirements of paragraph (2). in connection with the individual’s activities shall be increased by the amount (if any) by ‘‘(2) A legal and accounting compliance as a holder of Federal office. which the excess described in subsection fund meets the requirements of this para- ‘‘(f) EXPENDITURES.—For purposes of this (b)(1) exceeds the amount determined under graph if— title, the term ‘expenditure’ has the meaning subsection (b)(2)(B) with respect to such can- ‘‘(A) the fund is established with respect to given such term by section 301(9), except didate. qualified legal and accounting expenditures that in determining any expenditures made ‘‘(2)(A) An eligible Senate candidate who incurred with respect to a particular general by, or on behalf of, a candidate or a can- receives benefits under this section may election; didate’s authorized committees, section make expenditures for the general election January 4, 1995 CONGRESSIONAL RECORD — SENATE S 153 without regard to clause (i) of section under subsection (a)) made by the Commis- ‘‘(B) MEDIUM AMOUNT OF EXCESS EXPENDI- 501(c)(1)(D) or subsection (a) or (b) of section sion under this title shall be final and con- TURES.—Any eligible Senate candidate who 502 if any one of the eligible Senate can- clusive, except to the extent that they are makes expenditures that exceed any limita- didate’s opponents who is not an eligible subject to examination and audit by the tion described in paragraph (1) or (2) of sub- Senate candidate either raises aggregate Commission under section 505 and judicial section (d) by more than 2.5 percent and less contributions, or makes or becomes obli- review under section 506. than 5 percent shall pay an amount equal to gated to make aggregate expenditures, for three times the amount of the excess expend- the general election that exceed 200 percent ‘‘SEC. 505. EXAMINATIONS AND AUDITS; REPAY- itures. MENTS; CIVIL PENALTIES. of the general election expenditure limit ap- ‘‘(C) LARGE AMOUNT OF EXCESS EXPENDI- ‘‘(a) EXAMINATIONS AND AUDITS.—(1) After plicable to the eligible Senate candidate TURES.—Any eligible Senate candidate who each general election, the Commission shall under section 502(b). makes expenditures that exceed any limita- conduct an examination and audit of the ‘‘(B) The amount of the expenditures which tion described in paragraph (1) or (2) of sub- campaign accounts of 5 percent of the eligi- may be made by reason of subparagraph (A) section (d) by 5 percent or more shall pay an ble Senate and House of Representatives can- shall not exceed 100 percent of the general amount equal to the sum of— didates, as designated by the Commission election expenditure limit under section ‘‘(i) three times the amount of the excess through the use of an appropriate statistical 502(b). expenditures plus an additional amount de- method of random selection, to determine ‘‘(3)(A) A candidate who receives benefits termined by the Commission, plus whether such candidates have complied with under this section may receive contributions ‘‘(ii) if the Commission determines such for the general election without regard to the conditions of eligibility and other re- excess expenditures were willful, an amount clause (iii) of section 501(c)(1)(D) if— quirements of this title. The Commission equal to the benefits the candidate received ‘‘(i) a major party candidate in the same shall conduct an examination and audit of under this title. general election is not an eligible Senate the accounts of all candidates for election to ‘‘(f) UNEXPENDED FUNDS.—Any amount re- candidate; or an office where any eligible candidate for the ceived by an eligible Senate candidate under ‘‘(ii) any other candidate in the same gen- office is selected for examination and audit. this title and not expended on or before the eral election who is not an eligible Senate ‘‘(2) After each special election involving date of the general election shall be repaid candidate raises aggregate contributions, or an eligible candidate, the Commission shall within 30 days of the election, except that a makes or becomes obligated to make aggre- conduct an examination and audit of the reasonable amount may be retained for a pe- gate expenditures, for the general election campaign accounts of all candidates in the riod not exceeding 120 days after the date of that exceed 75 percent of the general election election to determine whether the can- the general election for the liquidation of all expenditure limit applicable to such other didates have complied with the conditions of obligations to pay expenditures for the gen- candidate under section 502(b). eligibility and other requirements of this eral election incurred during the general ‘‘(B) The amount of contributions which Act. election period. At the end of such 120-day may be received by reason of subparagraph ‘‘(3) The Commission may conduct an ex- period, any unexpended funds received under (A) shall not exceed 100 percent of the gen- amination and audit of the campaign ac- this title shall be promptly repaid. eral election expenditure limit under section counts of any eligible Senate or House of ‘‘(g) PAYMENTS RETURNED TO SOURCE.—Any 502(b). Representatives candidate in a general elec- payment, repayment, or civil penalty re- ‘‘(e) USE OF PAYMENTS.—Payments re- tion if the Commission determines that quired by this section shall be paid to the en- ceived by a candidate under subsection (a)(2) there exists reason to believe whether such tity from which benefits under this title shall be used to defray expenditures incurred candidate may have violated any provision with respect to the general election period of this title. were paid to the eligible Senate candidate. for the candidate. Such payments shall not ‘‘(h) LIMIT ON PERIOD FOR NOTIFICATION.— ‘‘(b) EXCESS PAYMENTS; REVOCATION OF be used— No notification shall be made by the Com- STATUS.—(1) If the Commission determines ‘‘(1) except as provided in paragraph (4), to that payments were made to an eligible Sen- mission under this section with respect to an make any payments, directly or indirectly, ate candidate under this title in excess of the election more than three years after the date to such candidate or to any member of the aggregate amounts to which such candidate of such election. immediate family of such candidate; was entitled, the Commission shall so notify ‘‘(2) to make any expenditure other than ‘‘SEC. 506. JUDICIAL REVIEW. such candidate, and such candidate shall pay expenditures to further the general election ‘‘(a) JUDICIAL REVIEW.—Any agency action an amount equal to the excess. of such candidate; by the Commission made under the provi- ‘‘(2) If the Commission revokes the certifi- ‘‘(3) to make any expenditures which con- sions of this title shall be subject to review cation of a candidate as an eligible Senate stitute a violation of any law of the United by the United States Court of Appeals for candidate under section 504(a)(1), the Com- States or of the State in which the expendi- the District of Columbia Circuit upon peti- ture is made; or mission shall notify the candidate, and the tion filed in such court within thirty days ‘‘(4) subject to the provisions of section candidate shall pay an amount equal to the after the agency action by the Commission 315(j), to repay any loan to any person except payments received under this title. for which review is sought. It shall be the to the extent the proceeds of such loan were ‘‘(c) MISUSE OF BENEFITS.—If the Commis- duty of the Court of Appeals, ahead of all used to further the general election of such sion determines that any amount of any ben- matters not filed under this title, to advance candidate. efit made available to an eligible Senate can- on the docket and expeditiously take action didate under this title was not used as pro- ‘‘SEC. 504. CERTIFICATION BY COMMISSION. on all petitions filed pursuant to this title. vided for in this title, the Commission shall ‘‘(a) IN GENERAL.—(1) The Commission ‘‘(b) APPLICATION OF TITLE 5.—The provi- so notify such candidate and such candidate shall certify to any candidate meeting the sions of chapter 7 of title 5, United States shall pay the amount of such benefit. requirements of section 501 that such can- Code, shall apply to judicial review of any ‘‘(d) EXCESS EXPENDITURES.—If the Com- didate is an eligible Senate candidate enti- agency action by the Commission. mission determines that any eligible Senate tled to benefits under this title. The Com- ‘‘(c) AGENCY ACTION.—For purposes of this candidate who has received benefits under mission shall revoke such certification if it section, the term ‘agency action’ has the this title has made expenditures which in the determines a candidate fails to continue to meaning given such term by section 551(13) aggregate exceed— meet such requirements. of title 5, United States Code. ‘‘(2) No later than 48 hours after an eligible ‘‘(1) the primary or runoff expenditure Senate candidate files a request with the limit under section 501(d); or ‘‘SEC. 507. PARTICIPATION BY COMMISSION IN Secretary of the Senate to receive benefits ‘‘(2) the general election expenditure limit JUDICIAL PROCEEDINGS. under section 503, the Commission shall issue under section 502(b), ‘‘(a) APPEARANCES.—The Commission is au- a certification stating whether such can- the Commission shall so notify such can- thorized to appear in and defend against any didate is eligible for payments under this didate and such candidate shall pay an action instituted under this section and title and the amount of such payments to amount equal to the amount of the excess under section 506 either by attorneys em- which such candidate is entitled. The request expenditures. ployed in its office or by counsel whom it referred to in the preceding sentence shall ‘‘(e) CIVIL PENALTIES.—(1) If the Commis- may appoint without regard to the provi- contain— sion determines that a candidate has com- sions of title 5, United States Code, govern- ‘‘(A) such information and be made in ac- mitted a violation described in subsection ing appointments in the competitive service, cordance with such procedures as the Com- (c), the Commission may assess a civil pen- and whose compensation it may fix without mission may provide by regulation; and alty against such candidate in an amount regard to the provisions of chapter 51 and ‘‘(B) a verification signed by the candidate not greater than 200 percent of the amount subchapter III of chapter 53 of such title. and the treasurer of the principal campaign involved. ‘‘(b) INSTITUTION OF ACTIONS.—The Com- committee of such candidate stating that ‘‘(2)(A) LOW AMOUNT OF EXCESS EXPENDI- mission is authorized, through attorneys and the information furnished in support of the TURES.—Any eligible Senate candidate who counsel described in subsection (a), to insti- request, to the best of their knowledge, is makes expenditures that exceed any limita- tute actions in the district courts of the correct and fully satisfies the requirements tion described in paragraph (1) or (2) of sub- United States to seek recovery of any of this title. section (d) by 2.5 percent or less shall pay an amounts determined under this title to be ‘‘(b) DETERMINATIONS BY COMMISSION.—All amount equal to the amount of the excess payable to any entity from which benefits determinations (including certifications expenditures. under this title were paid. S 154 CONGRESSIONAL RECORD — SENATE January 4, 1995

‘‘(c) INJUNCTIVE RELIEF.—The Commission didates from whom amounts have been with- ‘‘(1) no contributions may be made by such is authorized, through attorneys and counsel held, except that if only a portion is to be individuals— described in subsection (a), to petition the paid, it shall be paid in such manner that ‘‘(A) to any political committees estab- courts of the United States for such injunc- each eligible candidate receives an equal pro lished and maintained by any political party tive relief as is appropriate in order to im- rata share of such portion. for use in an election, or nomination for plement any provision of this title. ‘‘(3)(A) Not later than December 31 of any election, to the office of United States Sen- ‘‘(d) APPEALS.—The Commission is author- calendar year preceding a calendar year in ator; or ized on behalf of the United States to appeal which there is a regularly scheduled general ‘‘(B) to any candidate for nomination for from, and to petition the Supreme Court for election, the Secretary, after consultation election, or election, to office of United certiorari to review, judgments or decrees with the Commission, shall make an esti- States Senator or the candidate’s authorized entered with respect to actions in which it mate of— committees, appears pursuant to the authority provided ‘‘(i) the amount of monies which will be in this section. available to make payments required by this unless such contributions are not being made at the direction of, or otherwise controlled ‘‘SEC. 508. REPORTS TO CONGRESS; REGULA- title in the succeeding calendar year; and TIONS. ‘‘(ii) the amount of expenditures which will or influenced by, the employer; and ‘‘(a) REPORTS.—The Commission shall, as be required under this title in such calendar ‘‘(2) the aggregate amount of such con- soon as practicable after each election, sub- year. tributions by all such individuals in any cal- mit a full report to the Senate setting ‘‘(B) If the Secretary determines that there endar year shall not exceed— forth— will be insufficient monies to make the ex- ‘‘(A) $20,000 in the case of such political ‘‘(1) the expenditures (shown in such detail penditures required by this title for any cal- committees; and as the Commission determines appropriate) endar year, the Secretary shall notify each ‘‘(B) $5,000 in the case of any such can- made by each eligible Senate candidate and candidate on January 1 of such calendar year didate and the candidate’s authorized com- the authorized committees of such can- (or, if later, the date on which an individual mittees.’’. didate; becomes a candidate) of the amount which (b) CANDIDATE’S COMMITTEES.—(1) Section ‘‘(2) the amounts certified by the Commis- the Secretary estimates will be the pro rata 315(a) of FECA (2 U.S.C. 441a(a)) is amended sion under section 504 as benefits available reduction in each eligible candidate’s pay- by adding at the end thereof the following to each eligible Senate candidate; and ments under this subsection. Such notice new paragraph: ‘‘(3) the amount of repayments, if any, re- shall be by registered mail. ‘‘(9) For the purposes of the limitations quired under section 505 and the reasons for ‘‘(C) The amount of the eligible candidate’s provided by paragraphs (1) and (2), any polit- each repayment required. contribution limit under section ical committee which is established or fi- 501(c)(1)(D)(iii) shall be increased by the nanced or maintained or controlled by any Each report submitted pursuant to this sec- amount of the estimated pro rata reduction. tion shall be printed as a Senate document. candidate or Federal officeholder shall be ‘‘(4) The Secretary shall notify the Com- deemed to be an authorized committee of ‘‘(b) RULES AND REGULATIONS.—The Com- mission and each eligible candidate by reg- such candidate or officeholder. Nothing in mission is authorized to prescribe (in accord- istered mail of any actual reduction in the this paragraph shall be construed to permit ance with the provisions of subsection (c)) amount of any payment by reason of this the establishment, financing, maintenance, such rules and regulations, to conduct such subsection. If the amount of the reduction examinations and investigations, and to re- exceeds the amount estimated under para- or control of any committee which is prohib- quire the keeping and submission of such graph (3), the candidate’s contribution limit ited by paragraph (3) or (6) of section books, records, and information, as it deems under section 501(c)(1)(D)(iii) shall be in- 302(e).’’. necessary to carry out the functions and du- creased by the amount of such excess.’’. (2) Section 302(e)(3) of FECA (2 U.S.C. 432) ties imposed on it by this title. (b) EFFECTIVE DATES.—(1) Except as pro- is amended to read as follows: ‘‘(c) STATEMENT TO SENATE.—Thirty days vided in this subsection, the amendment ‘‘(3) No political committee that supports before prescribing any rule or regulation made by subsection (a) shall apply to elec- or has supported more than one candidate under subsection (b), the Commission shall tions occurring after December 31, 1994. may be designated as an authorized commit- transmit to the Senate a statement setting (2) For purposes of any expenditure or con- tee, except that— forth the proposed rule or regulation and tribution limit imposed by the amendment ‘‘(A) a candidate for the office of President containing a detailed explanation and jus- made by subsection (a)— nominated by a political party may des- tification of such rule or regulation. (A) no expenditure made before January 1, ignate the national committee of such politi- ‘‘SEC. 509. CLOSED CAPTIONING REQUIREMENT 1996, shall be taken into account, except that cal party as the candidate’s principal cam- FOR TELEVISION COMMERCIALS OF there shall be taken into account any such paign committee, but only if that national ELIGIBLE SENATE CANDIDATES. expenditure for goods or services to be pro- committee maintains separate books of ac- ‘‘No eligible Senate candidate may receive vided after such date; and count with respect to its functions as a prin- amounts under section 503(a)(3) under sec- (B) all cash, cash items, and Government cipal campaign committee; and tion 503(a)(4) unless such candidate has cer- securities on hand as of January 1, 1996, shall ‘‘(B) a candidate may designate a political tified that any television commercial pre- be taken into account in determining wheth- committee established solely for the purpose pared or distributed by the candidate will be er the contribution limit is met, except that of joint fundraising by such candidates as an prepared in a manner that contains, is ac- there shall not be taken into account authorized committee.’’. companied by, or otherwise readily permits amounts used during the 60-day period begin- (c) RULES APPLICABLE WHEN BAN NOT IN closed captioning of the oral content of the ning on January 1, 1996, to pay for expendi- EFFECT.—For purposes of the Federal Elec- commercial to be broadcast by way of line 21 tures which were incurred (but unpaid) be- tion Campaign Act of 1971, during any period of the vertical blanking interval, or by way fore such date. beginning after the effective date in which of comparable successor technologies. (c) EFFECT OF INVALIDITY ON OTHER PROVI- the limitation under section 327 of such Act ‘‘SEC. 510. LIMITATIONS ON PAYMENTS. SIONS OF TITLE.—If section 501, 502, or 503 of (as added by subsection (a)) is not in effect— ‘‘(a) PAYMENTS UPON CERTIFICATION.—Upon title V of FECA (as added by this section), or (1) the amendments made by subsections receipt of a certification from the Commis- any part thereof, is held to be invalid, all sion under section 504, except as provided in provisions of, and amendments made by, this (a) and (b) shall not be in effect; subsection (b), the Secretary shall, subject title shall be treated as invalid. (2) in the case of a candidate for election, to the availability of appropriations, SEC. 10002. BAN ON ACTIVITIES OF POLITICAL or nomination for election, to the office of promptly pay the amount certified by the ACTION COMMITTEES IN SENATE United States Senator (and such candidate’s Commission to the candidate. ELECTIONS. authorized committees), section 315(a)(2)(A) ‘‘(b) REDUCTIONS IN PAYMENTS IF FUNDS IN- (a) IN GENERAL.—Title III of FECA (2 of FECA (2 U.S.C. 441a(a)(2)(A)) shall be ap- SUFFICIENT.—(1) If, at the time of a certifi- U.S.C. 431 et seq.), as amended by section plied by substituting ‘‘$1,000’’ for ‘‘$5,000’’; cation by the Commission under section 504 10044, is amended by adding at the end there- (3) it shall be unlawful for a for payment to an eligible candidate, the of the following new section: multicandidate political committee to make Secretary determines that there are not, or ‘‘BAN ON SENATE ELECTION ACTIVITIES BY a contribution to a candidate for election, or may not be, sufficient funds to satisfy the POLITICAL ACTION COMMITTEES nomination for election, to the office of full entitlement of all eligible candidates, ‘‘SEC. 327. (a) Notwithstanding any other United States Senator (or an authorized the Secretary shall withhold from the provision of this Act, no person other than committee) to the extent that the making or amount of such payment such amount as the an individual or a political committee may accepting of the contribution will cause the Secretary determines to be necessary to as- make contributions, solicit or receive con- amount of contributions received by the can- sure that each eligible candidate will receive tributions, or make expenditures for the pur- didate and the candidate’s authorized com- the same pro rata share of such candidate’s pose of influencing an election, or nomina- mittees from multicandidate political com- full entitlement. tion for election, to the office of United mittees to exceed the lesser of— ‘‘(2) Amounts withheld under paragraph (1) States Senator. (A) $825,000; or shall be paid when the Secretary determines ‘‘(b) In the case of individuals who are ex- (B) 20 percent of the aggregate Federal that there are sufficient monies to pay all, ecutive or administrative personnel of an election spending limits applicable to the or a portion thereof, to all eligible can- employer— candidate for the election cycle. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 155 The $825,000 amount in paragraph (3) shall be (until such contributions or expenditures ex- port to the Secretary of the Senate the increased as of the beginning of each cal- ceed 200 percent of such limit) with the Sec- amount and nature of such expenditures. endar year based on the increase in the price retary of the Senate within 2 business days ‘‘(2) Paragraph (1) shall not apply to any index determined under section 315(c) of after each time additional contributions are expenditures in connection with a Federal, FECA, except that for purposes of paragraph raised, or expenditures are made or are obli- State, or local election which has been held (3), the base period shall be the calendar year gated to be made, which in the aggregate ex- before the individual becomes a candidate 1996. A candidate or authorized committee ceed an amount equal to 10 percent of such for the office of United States Senator. that receives a contribution from a limit and after the total contributions or ex- ‘‘(3) The Commission shall, as soon as prac- multicandidate political committee in ex- penditures exceed 100, 1331⁄3, 1662⁄3, and 200 ticable, make a determination as to whether cess of the amount allowed under paragraph percent of such limit. the amounts included in the report under (3) shall return the amount of such excess ‘‘(3) The Commission— paragraph (1) were made for purposes of in- contribution to the contributor. ‘‘(A) shall, within 2 business days of receipt fluencing the election of the individual to (d) RULE ENSURING PROHIBITION ON DIRECT of a declaration or report under paragraph the office of United States Senator. CORPORATE AND LABOR SPENDING.—If section (1) or (2), notify each eligible Senate can- ‘‘(4) The Commission shall certify to the 316(a) of the Federal Election Campaign Act didate in the election involved about such individual and such individual’s opponents of 1971 is held to be invalid by reason of the declaration or report; and the amounts the Commission determines to amendments made by this section, then the ‘‘(B) if an opposing candidate has raised ag- be described in paragraph (3) and such amendments made by subsections (a) and (b) gregate contributions, or made or has obli- amounts shall be treated as expenditures for of this section shall not apply to contribu- gated to make aggregate expenditures, in ex- purposes of this Act. tions by any political committee that is di- cess of the applicable general election ex- ‘‘(d) CERTIFICATIONS.—Notwithstanding rectly or indirectly established, adminis- penditure limit under section 502(b), shall section 504(a), the certification required by tered, or supported by a connected organiza- certify, pursuant to the provisions of sub- this section shall be made by the Commis- tion which is a bank, corporation, or other section (d), such eligibility for payment of sion on the basis of reports filed in accord- organization described in such section 316(a). any amount to which such eligible Senate ance with the provisions of this Act, or on (e) RESTRICTIONS ON CONTRIBUTIONS TO PO- candidate is entitled under section 503(a). the basis of the Commission’s own investiga- LITICAL COMMITTEES.—Paragraphs (1)(D) and ‘‘(4) Notwithstanding the reporting re- tion or determination. (2)(D) of section 315(a) of FECA (2 U.S.C. quirements under this subsection, the Com- ‘‘(e) SHORTER PERIODS FOR REPORTS AND 441a(a) (1)(D) and (2)(D)), as redesignated by mission may make its own determination NOTICES DURING ELECTION WEEK.—Any re- section 312, are each amended by striking that a candidate in a general election who is port, determination, or notice required by ‘‘$5,000’’ and inserting ‘‘$1,000’’. not an eligible Senate candidate has raised reason of an event occurring during the 7- (f) EFFECTIVE DATES.—(1) Except as pro- aggregate contributions, or made or has obli- day period ending with the general election vided in paragraph (2), the amendments gated to make aggregate expenditures, in the shall be made within 24 hours (rather than 2 made by this section shall apply to elections amounts which would require a report under (and the election cycles relating thereto) oc- paragraph (2). The Commission shall, within business days) of the event. curring after December 31, 1994. 2 business days after making each such de- ‘‘(f) COPIES OF REPORTS AND PUBLIC INSPEC- (2) In applying the amendments made by termination, notify each eligible Senate can- TION.—The Secretary of the Senate shall this section, there shall not be taken into ac- didate in the general election involved about transmit a copy of any report or filing re- count— such determination, and shall, when such ceived under this section or under title V as (A) contributions made or received before contributions or expenditures exceed the soon as possible (but no later than 4 working January 1, 1996; or general election expenditure limit under sec- hours of the Commission) after receipt of (B) contributions made to, or received by, tion 502(b), certify (pursuant to the provi- such report or filing, and shall make such re- a candidate on or after January 1, 1996, to sions of subsection (d)) such candidate’s eli- port or filing available for public inspection the extent such contributions are not great- gibility for payment of any amount under and copying in the same manner as the Com- er than the excess (if any) of— section 503(a). mission under section 311(a)(4), and shall pre- (i) such contributions received by any op- ‘‘(b) REPORTS ON PERSONAL FUNDS.—(1) Any serve such reports and filings in the same ponent of the candidate before January 1, candidate for the United States Senate who manner as the Commission under section 1996, over during the election cycle expends more than 311(a)(5). (ii) such contributions received by the can- the limitation under section 502(a) during ‘‘(g) DEFINITIONS.—For purposes of this sec- didate before January 1, 1996. the election cycle from his personal funds, tion, any term used in this section which is SEC. 10003. REPORTING REQUIREMENTS. the funds of his immediate family, and per- used in title V shall have the same meaning Title III of FECA is amended by adding sonal loans incurred by the candidate and as when used in title V.’’. after section 304 the following new section: the candidate’s immediate family shall file a SEC. 10004. DISCLOSURE BY NONELIGIBLE CAN- REPORTING REQUIREMENTS FOR SENATE ‘‘ report with the Secretary of the Senate DIDATES. CANDIDATES within 2 business days after such expendi- Section 318 of FECA (2 U.S.C. 441d), as ‘‘SEC. 304A. (a) CANDIDATE OTHER THAN ELI- tures have been made or loans incurred. amended by section 10013, is amended by add- GIBLE SENATE CANDIDATE.—(1) Each can- ‘‘(2) The Commission within 2 business ing at the end thereof the following: didate for the office of United States Senator days after a report has been filed under para- ‘‘(f) If a broadcast, cablecast, or other com- who does not file a certification with the graph (1) shall notify each eligible Senate munication is paid for or authorized by a Secretary of the Senate under section 501(c) candidate in the election involved about candidate in the general election for the of- shall file with the Secretary of the Senate a each such report. fice of United States Senator who is not an declaration as to whether such candidate in- ‘‘(3) Notwithstanding the reporting re- eligible Senate candidate, or the authorized tends to make expenditures for the general quirements under this subsection, the Com- committee of such candidate, such commu- election in excess of the general election ex- mission may make its own determination nication shall contain the following sen- penditure limit applicable to an eligible Sen- that a candidate for the United States Sen- tence: ‘This candidate has not agreed to vol- ate candidate under section 502(b). Such dec- ate has made expenditures in excess of the untary campaign spending limits.’.’’. laration shall be filed at the time provided in amount under paragraph (1). The Commis- section 501(c)(2). sion within 2 business days after making SEC. 10005. EXCESS CAMPAIGN FUNDS OF SEN- ‘‘(2) Any candidate for the United States such determination shall notify each eligible ATE CANDIDATES. Senate who qualifies for the ballot for a gen- Senate candidate in the general election in- Section 313 of FECA (2 U.S.C. 439a) is eral election— volved about each such determination. amended— ‘‘(A) who is not an eligible Senate can- ‘‘(c) CANDIDATES FOR OTHER OFFICES.—(1) (1) by inserting ‘‘(a) IN GENERAL.—’’ before didate under section 501; and Each individual— ‘‘Amounts’’; and ‘‘(B) who either raises aggregate contribu- ‘‘(A) who becomes a candidate for the of- (2) by adding at the end the following new tions, or makes or obligates to make aggre- fice of United States Senator; subsection: gate expenditures, for the general election ‘‘(B) who, during the election cycle for ‘‘(b) RETURN OF EXCESS CAMPAIGN FUNDS.— which exceed 75 percent of the general elec- such office, held any other Federal, State, or (1) Except as provided in paragraph (2), and tion expenditure limit applicable to an eligi- local office or was a candidate for such other notwithstanding subsection (a), if a can- ble Senate candidate under section 502(b), office; and didate for the Senate has amounts in excess shall file a report with the Secretary of the ‘‘(C) who expended any amount during such of amounts necessary to defray campaign ex- Senate within 2 business days after such con- election cycle before becoming a candidate penditures for any election cycle, including tributions have been raised or such expendi- for the office of United States Senator which any fines or penalties relating thereto, such tures have been made or obligated to be would have been treated as an expenditure if candidate shall, not later than 1 year after made (or, if later, within 2 business days such individual had been such a candidate, the date of the general election for such after the date of qualification for the general including amounts for activities to promote cycle, expend such excess in the manner de- election ballot), setting forth the candidate’s the image or name recognition of such indi- scribed in subsection (a) or transfer it to the total contributions and total expenditures vidual, general fund of the Treasury. for such election as of such date. Thereafter, shall, within 7 days of becoming a candidate ‘‘(2) Paragraph (1) shall not apply to any such candidate shall file additional reports for the office of United States Senator, re- amounts— S 156 CONGRESSIONAL RECORD — SENATE January 4, 1995 ‘‘(A) transferred to a legal and accounting time independent expenditures aggregating (4) in paragraph (3) of subsection (a), by in- compliance fund established under section $10,000 are made with respect to the same serting after ‘‘name’’ the following ‘‘and per- 502(c); or election as the initial statement filed under manent street address’’; and ‘‘(B) transferred for use in the next elec- this section. (5) by adding at the end the following new tion cycle to the extent such amounts do not ‘‘(3) Any statement under this subsection subsections: exceed 20 percent of the sum of the primary shall be filed with the Secretary of the Sen- ‘‘(c) Any printed communication described election expenditure limit under section ate or the Commission, and the Secretary of in subsection (a) shall be— 501(d)(1)(A) and the general election expendi- State of the State involved, as appropriate, ‘‘(1) of sufficient type size to be clearly ture limit under section 502(b) for the elec- and shall contain the information required readable by the recipient of the communica- tion cycle from which the amounts are being by subsection (b)(6)(B)(iii) of this section, in- tion; transferred.’’. cluding whether the independent expenditure ‘‘(2) contained in a printed box set apart PART II—GENERAL PROVISIONS is in support of, or in opposition to, the can- from the other contents of the communica- SEC. 10011. BROADCAST RATES AND PREEMP- didate involved. The Secretary of the Senate tion; and TION. shall as soon as possible (but not later than ‘‘(3) consist of a reasonable degree of color (a) BROADCAST RATES.—Section 315(b) of 4 working hours of the Commission) after re- contrast between the background and the the Communications Act of 1934 (47 U.S.C. ceipt of a statement transmit it to the Com- printed statement. 315(b)) is amended— mission. Not later than 48 hours after the ‘‘(d)(1) Any broadcast or cablecast commu- (1) in paragraph (1)— Commission receives a report, the Commis- nication described in subsection (a)(1) or sub- (A) by striking ‘‘forty-five’’ and inserting sion shall transmit a copy of the report to section (a)(2) shall include, in addition to the ‘‘30’’; and each candidate seeking nomination or elec- requirements of those subsections, an audio (B) by striking ‘‘lowest unit charge of the tion to that office. statement by the candidate that identifies station for the same class and amount of ‘‘(4) For purposes of this subsection, an ex- the candidate and states that the candidate time for the same period’’ and inserting penditure shall be treated as made when it is has approved the communication. ‘‘lowest charge of the station for the same made or obligated to be made. ‘‘(2) If a broadcast or cablecast commu- amount of time for the same period on the ‘‘(5)(A) If any person intends to make inde- nication described in paragraph (1) is broad- same date’’; and pendent expenditures totaling $5,000 or more cast or cablecast by means of television, the (2) by adding at the end the following new during the 20 days before an election, such communication shall include, in addition to sentence: person shall file a statement no later than the audio statement under paragraph (1), a ‘‘In the case of an eligible Senate candidate the 20th day before the election. written statement which— (as defined in section 301(19) of the Federal ‘‘(B) Any statement under subparagraph ‘‘(A) states: ‘I, (name of the candidate), am Election Campaign Act of 1971), the charges (A) shall be filed with the Secretary of the a candidate for (the office the candidate is for the use of a television broadcasting sta- Senate or the Commission, and the Sec- seeking) and I have approved this message’; tion during the 60-day period referred to in retary of State of the State involved, as ap- ‘‘(B) appears at the end of the communica- paragraph (1) shall not exceed 50 percent of propriate, and shall identify each candidate tion in a clearly readable manner with a rea- the lowest charge described in paragraph (1), whom the expenditure will support or op- sonable degree of color contrast between the except that this sentence shall not apply to pose. The Secretary of the Senate shall as background and the printed statement, for a period of at least 4 seconds; and broadcasts which are to be paid by vouchers soon as possible (but not later than 4 work- ‘‘(C) is accompanied by a clearly identifi- which are received under section 503(c)(4) by ing hours of the Commission) after receipt of able photographic or similar image of the reason of the independent expenditure a statement transmit it to the Commission. candidate. amount.’’. Not later than 48 hours after the Commission ‘‘(e) Any broadcast or cablecast commu- (b) PREEMPTION; ACCESS.—Section 315 of receives a statement under this paragraph, nication described in subsection (a)(3) shall such Act (47 U.S.C. 315) is amended by redes- the Commission shall transmit a copy of the include, in addition to the requirements of ignating subsections (c) and (d) as sub- statement to each candidate identified. those subsections, in a clearly spoken man- sections (d) and (e), respectively, and by in- ‘‘(6) The Commission may make its own de- ner, the following statement— serting immediately after subsection (b) the termination that a person has made, or has ‘ is responsible for the content following new subsection: incurred obligations to make, independent of this advertisement.’ ‘‘(c)(1) Except as provided in paragraph (2), expenditures with respect to any Federal a licensee shall not preempt the use, during with the blank to be filled in with the name election which in the aggregate exceed the of the political committee or other person any period specified in subsection (b)(1), of a applicable amounts under paragraph (1) or broadcasting station by a legally qualified paying for the communication and the name (2). The Commission shall notify each can- of any connected organization of the payor; candidate for public office who has pur- didate in such election of such determina- chased and paid for such use pursuant to the and, if broadcast or cablecast by means of tion within 24 hours of making it. television, shall also appear in a clearly provisions of subsection (b)(1). ‘‘(7) At the same time as a candidate is no- ‘‘(2) If a program to be broadcast by a readable manner with a reasonable degree of tified under paragraph (3), (5), or (6) with re- color contrast between the background and broadcasting station is preempted because of spect to expenditures during a general elec- circumstances beyond the control of the the printed statement, for a period of at tion period, the Commission shall certify eli- least 4 seconds.’’. broadcasting station, any candidate adver- gibility to receive benefits under section SEC. 10014. DEFINITIONS. tising spot scheduled to be broadcast during 503(a). that program may also be preempted.’’. ‘‘(8) The Secretary of the Senate shall (a) IN GENERAL.—Section 301 of FECA (2 U.S.C. 431) is amended by striking paragraph (c) REVOCATION OF LICENSE FOR FAILURE TO make any statement received under this sub- (19) and inserting the following new para- PERMIT ACCESS.—Section 312(a)(7) of such section available for public inspection and graphs: Act (47 U.S.C. 312(a)(7)) is amended— copying in the same manner as the Commis- ‘‘(19) The term ‘eligible Senate candidate’ (1) by striking ‘‘or repeated’’; sion under section 311(a)(4), and shall pre- means a candidate who is certified under sec- (2) by inserting ‘‘or cable system’’ after serve such statements in the same manner as tion 504 as eligible to receive benefits under ‘‘broadcasting station’’; and the Commission under section 311(a)(5).’’. (3) by striking ‘‘his candidacy’’ and insert- title V. (b) CONFORMING AMENDMENT.—Section ‘‘(20) The term ‘general election’ means ing ‘‘his or her candidacy, under the same 304(c)(2) of FECA (2 U.S.C. 434(c)(2)) is any election which will directly result in the terms, conditions, and business practices as amended by striking the undesignated mat- election of a person to a Federal office. Such apply to its most favored advertiser’’. ter after subparagraph (C). SEC. 10012. REPORTING REQUIREMENTS FOR term includes a primary election which may CERTAIN INDEPENDENT EXPENDI- SEC. 10013. CAMPAIGN ADVERTISING AMEND- result in the election of a person to a Federal TURES. MENTS. office. (a) IN GENERAL.—Section 304 of FECA (2 Section 318 of FECA (2 U.S.C. 441d) is ‘‘(21) The term ‘general election period’ U.S.C. 434) is amended by adding at the end amended— means, with respect to any candidate, the the following new subsection: (1) in the matter before paragraph (1) of period beginning on the day after the date of ‘‘(d) TIME FOR REPORTING CERTAIN EXPEND- subsection (a), by striking ‘‘Whenever’’ and the primary or runoff election for the spe- ITURES.—(1) Any person making independent inserting ‘‘Whenever a political committee cific office the candidate is seeking, which- expenditures aggregating $1,000 or more after makes a disbursement for the purpose of fi- ever is later, and ending on the earlier of— the 20th day, but more than 24 hours, before nancing any communication through any ‘‘(A) the date of such general election; or any election shall file a report of such ex- broadcasting station, newspaper, magazine, ‘‘(B) the date on which the candidate with- penditures within 24 hours after such expend- outdoor advertising facility, mailing, or any draws from the campaign or otherwise ceases itures are made. other type of general public political adver- actively to seek election. ‘‘(2) Any person making independent ex- tising, or whenever’’; ‘‘(22) The term ‘immediate family’ means— penditures aggregating $10,000 or more at (2) in the matter before paragraph (1) of ‘‘(A) a candidate’s spouse; any time up to and including the 20th day subsection (a), by striking ‘‘an expenditure’’ ‘‘(B) a child, stepchild, parent, grand- before any election shall file a report within and inserting ‘‘a disbursement’’; parent, brother, half-brother, sister or half- 48 hours after such expenditures are made. (3) in the matter before paragraph (1) of sister of the candidate or the candidate’s An additional statement shall be filed each subsection (a), by striking ‘‘direct’’; spouse; and January 4, 1995 CONGRESSIONAL RECORD — SENATE S 157 ‘‘(C) the spouse of any person described in ‘‘(B) The following shall not be considered (1) in clause (i), by striking ‘‘or’’ after the subparagraph (B). an independent expenditure: semicolon at the end; ‘‘(23) The term ‘major party’ has the mean- ‘‘(i) An expenditure made by a political (2) in clause (ii), by striking the period at ing given such term in section 9002(6) of the committee of a political party. the end and inserting ‘‘; or’’; and Internal Revenue Code of 1986, except that if ‘‘(ii) An expenditure made by a person who, (3) by adding at the end the following new a candidate qualified for the ballot in a gen- during the election cycle, has communicated clause: eral election in an open primary in which all with or received information from a can- ‘‘(iii) any payment or other transaction re- the candidates for the office participated and didate or a representative of that candidate ferred to in paragraph (17)(A)(i) that does not which resulted in the candidate and at least regarding activities that have the purpose of qualify as an independent expenditure under one other candidate qualifying for the ballot influencing that candidate’s election to Fed- paragraph (17)(A)(ii).’’. in the general election, such candidate shall eral office, where the expenditure is in sup- SEC. 10022. EQUAL BROADCAST TIME. be treated as a candidate of a major party port of that candidate or in opposition to an- Section 315(a) of the Communications Act for purposes of title V. other candidate for that office. of 1934 (47 U.S.C. 315(a)) is amended to read ‘‘(24) The term ‘primary election’ means an ‘‘(iii) An expenditure if there is any ar- as follows: election which may result in the selection of rangement, coordination, or direction with ‘‘(a)(1) If a licensee permits any person who a candidate for the ballot in a general elec- respect to the expenditure between the can- is a legally qualified candidate for public of- tion for a Federal office. didate or the candidate’s agent and the per- fice to use a broadcasting station other than ‘‘(25) The term ‘primary election period’ son making the expenditure. any use required to be provided under para- means, with respect to any candidate, the ‘‘(iv) An expenditure if, in the same elec- graph (2), the licensee shall afford equal op- period beginning on the day following the tion cycle, the person making the expendi- portunities to all other such candidates for date of the last election for the specific of- ture is or has been— that office in the use of the broadcasting sta- fice the candidate is seeking and ending on ‘‘(I) authorized to raise or expend funds on tion. the earlier of— behalf of the candidate or the candidate’s au- ‘‘(2)(A) A person who reserves broadcast ‘‘(A) the date of the first primary election thorized committees; or time the payment for which would con- for that office following the last general ‘‘(II) serving as a member, employee, or stitute an independent expenditure within election for that office; or agent of the candidate’s authorized commit- the meaning of section 301(17) of the Federal ‘‘(B) the date on which the candidate with- tees in an executive or policymaking posi- Election Campaign Act of 1971 (2 U.S.C. draws from the election or otherwise ceases tion. 431(17)) shall— actively to seek election. ‘‘(v) An expenditure if the person making ‘‘(i) inform the licensee that payment for ‘‘(26) The term ‘runoff election’ means an the expenditure has advised or counseled the the broadcast time will constitute an inde- election held after a primary election which candidate or the candidate’s agents at any pendent expenditure; is prescribed by applicable State law as the time on the candidate’s plans, projects, or ‘‘(ii) inform the licensee of the names of all means for deciding which candidate will be needs relating to the candidate’s pursuit of candidates for the office to which the pro- on the ballot in the general election for a nomination for election, or election, to Fed- posed broadcast relates and state whether Federal office. eral office, in the same election cycle, in- the message to be broadcast is intended to be ‘‘(27) The term ‘runoff election period’ cluding any advice relating to the can- made in support of or in opposition to each means, with respect to any candidate, the didate’s decision to seek Federal office. such candidate; and period beginning on the day following the ‘‘(vi) An expenditure if the person making ‘‘(iii) provide the licensee a copy of the date of the last primary election for the spe- the expenditure retains the professional statement described in section 304(d) of the cific office such candidate is seeking and services of any individual or other person Federal Election Campaign Act of 1971 (2 ending on the date of the runoff election for also providing services in the same election U.S.C. 434(d)). such office. cycle to the candidate in connection with ‘‘(B) A licensee who is informed as de- ‘‘(28) The term ‘voting age population’ the candidate’s pursuit of nomination for scribed in subparagraph (A) shall— means the resident population, 18 years of election, or election, to Federal office, in- ‘‘(i) if any of the candidates described in age or older, as certified pursuant to section cluding any services relating to the can- subparagraph (A)(ii) has provided the li- 315(e). didate’s decision to seek Federal office. censee the name and address of a person to ‘‘(29) The term ‘election cycle’ means— ‘‘(vii) An expenditure if the person making whom notification under this subparagraph ‘‘(A) in the case of a candidate or the au- the expenditure has consulted at any time is to be given— thorized committees of a candidate, the term during the calendar year in which the elec- ‘‘(I) notify such person of the proposed beginning on the day after the date of the tion is to be held about the candidate’s making of the independent expenditure; and most recent general election for the specific plans, projects, or needs relating to the can- ‘‘(II) allow any such candidate (other than office or seat which such candidate seeks and didate’s pursuit of nomination for election, a candidate for whose benefit the independ- ending on the date of the next general elec- or election, to Federal office, with— ent expenditure is made) to purchase the tion for such office or seat; or ‘‘(I) any officer, director, employee or same amount of broadcast time immediately ‘‘(B) for all other persons, the term begin- agent of a party committee that has made or after the broadcast time paid for by the inde- ning on the first day following the date of intends to make expenditures or contribu- pendent expenditure; and the last general election and ending on the tions, pursuant to subsections (a), (d), or (h) ‘‘(ii) in the case of an opponent of a can- date of the next general election.’’. of section 315 in connection with the can- didate for whose benefit the independent ex- (b) IDENTIFICATION.—Section 301(13) of didate’s campaign; or penditure is made who certifies to the li- FECA (2 U.S.C. 431(13)) is amended by strik- ‘‘(II) any person whose professional serv- censee that the opponent is eligible to have ing ‘‘mailing address’’ and inserting ‘‘perma- ices have been retained by a political party the cost of response broadcast time paid nent residence address’’. committee that has made or intends to make using funds derived from a payment made SEC. 10015. PROVISIONS RELATING TO FRANKED expenditures or contributions pursuant to under section 503(a)(3)(B) of the Federal MASS MAILINGS. subsections (a), (d), or (h) of section 315 in Election Campaign Act of 1971, afford the op- Section 3210(a)(6)(C) of title 39, United connection with the candidate’s campaign. ponent such broadcast time without requir- States Code, is amended— For purposes of this subparagraph, the per- ing payment in advance and at the cost spec- (1) by striking ‘‘if such mass mailing is son making the expenditure shall include ified in subsection (b). postmarked fewer than 60 days immediately any officer, director, employee, or agent of ‘‘(3) A licensee shall have no power of cen- before the date’’ and inserting ‘‘if such mass such person, and the term ‘professional serv- sorship over the material broadcast under mailing is postmarked during the calendar ices shall include any services (other than this section. year’’; and legal and accounting services for purposes of ‘‘(4) Except as provided in paragraph (2), no (2) by inserting ‘‘or reelection’’ imme- ensuring compliance with this title) in sup- obligation is imposed under this subsection diately before the period. port of any candidate’s or candidates’ pur- upon any licensee to allow the use of its sta- Subtitle B—Independent Expenditures suit of nomination for election, or election, tion by any candidate. SEC. 10021. CLARIFICATION OF DEFINITIONS RE- to Federal office. ‘‘(5)(A) Appearance by a legally qualified LATING TO INDEPENDENT EXPENDI- ‘‘(18) The term ‘express advocacy’ means, candidate on a— TURES. when a communication is taken as a whole ‘‘(i) bona fide newscast; (a) INDEPENDENT EXPENDITURE DEFINITION and with limited reference to external ‘‘(ii) bona fide news interview; AMENDMENT.—Section 301 of FECA (2 U.S.C. events, an expression of support for or oppo- ‘‘(iii) bona fide news documentary (if the 431) is amended by striking paragraphs (17) sition to a specific candidate, to a specific appearance of the candidate is incidental to and (18) and inserting the following: group of candidates, or to candidates of a the presentation of the subject or subjects ‘‘(17)(A) The term ‘independent expendi- particular political party, or a suggestion to covered by the news documentary); or ture’ means an expenditure for an advertise- take action with respect to an election, such ‘‘(iv) on-the-spot coverage of bona fide ment or other communication that— as to vote for or against, make contributions news events (including political conventions ‘‘(i) contains express advocacy; and to, or participate in campaign activity.’’. and activities incidental thereto), ‘‘(ii) is made without the participation or (b) CONTRIBUTION DEFINITION AMEND- shall not be deemed to be use of a broadcast- cooperation of a candidate or a candidate’s MENT.—Section 301(8)(A) of FECA (2 U.S.C. ing station within the meaning of this sub- representative. 431(8)(A)) is amended— section. S 158 CONGRESSIONAL RECORD — SENATE January 4, 1995 ‘‘(B) Nothing in subparagraph (A) shall be (B) by striking ‘‘and’’ at the end of section 301(29)(B)) which, in the aggregate, construed as relieving broadcasters, in con- subclause (2), by inserting ‘‘and’’ at the end exceed $60,000. nection with the presentation of newscasts, of subclause (3), and by adding at the end the ‘‘(B) No individual shall make contribu- news interviews, news documentaries, and following new subclause: tions during any calendar year— on-the-spot coverage of news events, from ‘‘(4) such activities are conducted solely ‘‘(i) to all candidates and their authorized their obligation under this Act to operate in by, or any materials are distributed solely political committees which, in the aggre- the public interest and to afford reasonable by, volunteers;’’. gate, exceed $25,000; or opportunity for the discussion of conflicting (2) Clause (ix) of section 301(9)(B) of FECA ‘‘(ii) to all political committees estab- views on issues of public importance. (2 U.S.C. 431(9)(B)(ix)) is amended— lished and maintained by State committees ‘‘(6)(A) A licensee that endorses a can- (A) by inserting ‘‘in connection with volun- of a political party which, in the aggregate, didate for Federal office in an editorial shall, teer activities’’ after ‘‘such committee’’, and exceed $20,000. within the time stated in subparagraph (B), (B) by striking ‘‘and’’ at the end of ‘‘(C) For purposes of subparagraph (B)(i), provide to all other candidates for election subclause (2), by inserting ‘‘and’’ at the end any contribution made to a candidate or the to the same office— of subclause (3), and by adding at the end the candidate’s authorized political committees ‘‘(i) notice of the date and time of broad- following new subclause: in a year other than the calendar year in cast of the editorial; ‘‘(4) any materials in connection with such which the election is held with respect to ‘‘(ii) a taped or printed copy of the edi- activities are prepared for distribution (and which such contribution is made shall be torial; and are distributed) solely by volunteers;’’. treated as made during the calendar year in ‘‘(iii) a reasonable opportunity to broad- (b) GENERIC ACTIVITIES; STATE PARTY which the election is held.’’. cast a response using the licensee’s facilities. GRASSROOTS FUND.—Section 301 of FECA (2 (d) PRESIDENTIAL CANDIDATE COMMITTEE ‘‘(B) In the case of an editorial described in U.S.C. 431), as amended by section ll15, is TRANSFERS.—(1) Subparagraph (B) of section subparagraph (A) that— amended by adding at the end thereof the 315(b)(1) of FECA (2 U.S.C. 441a(b)(1)) is ‘‘(i) is first broadcast 72 hours or more following new paragraphs: amended to read as follows: prior to the date of a primary, runoff, or gen- ‘‘(30) The term ‘generic campaign activity’ ‘‘(B) in the case of a campaign for election eral election, the notice and copy described means a campaign activity that promotes a to such office, an amount equal to the sum in subparagraph (A) (i) and (ii) shall be pro- political party rather than any particular of— vided not later than 24 hours after the time Federal or non-Federal candidate. ‘‘(i) $20,000,000, plus of the first broadcast of the editorial, and ‘‘(31) The term ‘State Party Grassroots ‘‘(ii) the lesser of— ‘‘(ii) is first broadcast less than 72 hours Fund’ means a separate segregated fund es- ‘‘(I) 2 cents multiplied by the voting age before the date of an election, the notice and tablished and maintained by a State com- population of the United States (as certified copy shall be provided at a time prior to the mittee of a political party solely for pur- under subsection (e) of this section), or first broadcast that will be sufficient to en- poses of making expenditures and other dis- ‘‘(II) the amounts transferred by the can- able candidates a reasonable opportunity to bursements described in section 324(d).’’. didate and the authorized committees of the prepare and broadcast a response.’’. SEC. 10034. CONTRIBUTIONS TO POLITICAL candidate to the national committee of the Subtitle C—Expenditures PARTY COMMITTEES. candidate’s political party for distribution to PART I—PERSONAL LOANS; CREDIT (a) INDIVIDUAL CONTRIBUTIONS TO STATE State Party Grassroots Funds.’’. PARTY.—Paragraph (1) of section 315(a) of (2) Subparagraph (A) of section 9002(11) of SEC. 10031. PERSONAL CONTRIBUTIONS AND LOANS. FECA (2 U.S.C. 441a(a)(1)) is amended by the Internal Revenue Code of 1986 (defining qualified campaign expense) is amended by Section 315 of FECA (2 U.S.C. 441a) is striking ‘‘or’’ at the end of subparagraph (B), striking ‘‘or’’ at the end of clause (ii), by in- amended by adding at the end the following by redesignating subparagraph (C) as sub- serting ‘‘or’’ at the end of clause (iii), and by new subsection: paragraph (D), and by inserting after sub- paragraph (B) the following new subpara- inserting at the end the following new clause ‘‘(j) LIMITATIONS ON PAYMENTS TO CAN- graph: ‘‘(iv) any transfers to the national commit- DIDATES.—(1) If a candidate or a member of tee of the candidate’s political party for dis- the candidate’s immediate family made any ‘‘(C) to— tribution to State Party Grassroots Funds loans to the candidate or to the candidate’s ‘‘(i) a State Party Grassroots Fund estab- (as defined in section 301(31) of the Federal authorized committees during any election lished and maintained by a State committee Election Campaign Act of 1971) to the extent cycle, no contributions received after the of a political party in any calendar year such transfers do not exceed the amount de- date of the general election for such election which, in the aggregate, exceed $20,000; termined under section 315(b)(1)(B)(ii) of cycle may be used to repay such loans. ‘‘(ii) any other political committee estab- such Act,’’. ‘‘(2) No contribution by a candidate or lished and maintained by a State committee member of the candidate’s immediate family of a political party in any calendar year SEC. 10035. PROVISIONS RELATING TO NATIONAL, may be returned to the candidate or member which, in the aggregate, exceed $5,000, STATE, AND LOCAL PARTY COMMIT- other than as part of a pro rata distribution except that the aggregate contributions de- TEES. of excess contributions to all contributors.’’. scribed in this subparagraph which may be (a) SOFT MONEY OF COMMITTEES OF POLITI- made by a person to the State Party Grass- SEC. 10032. EXTENSIONS OF CREDIT. CAL PARTIES.—Title III of FECA is amended roots Fund and all committees of a State Section 301(8)(A) of FECA (2 U.S.C. by inserting after section 323 the following Committee of a political party in any State 431(8)(A)), as amended by section 10021(b), is new section: in any calendar year shall not exceed $20,000; amended— or’’. ‘‘POLITICAL PARTY COMMITTEES (1) by striking ‘‘or’’ at the end of clause (b) MULTICANDIDATE COMMITTEE CONTRIBU- ‘‘SEC. 324. (a) LIMITATIONS ON NATIONAL (ii); TIONS TO STATE PARTY.—Paragraph (2) of sec- COMMITTEE.—(1) A national committee of a (2) by striking the period at the end of tion 315(a) of FECA (2 U.S.C. 441a(a)(2)) is political party and the congressional cam- clause (iii) and inserting ‘‘; or’’; and amended by striking ‘‘or’’ at the end of sub- paign committees of a political party may (3) by inserting at the end the following paragraph (B), by redesignating subpara- not solicit or accept contributions or trans- new clause: graph (C) as subparagraph (D), and by insert- fers not subject to the limitations, prohibi- ‘‘(iv) with respect to a candidate and the ing after subparagraph (B) the following new tions, and reporting requirements of this candidate’s authorized committees, any ex- subparagraph: Act. tension of credit for goods or services relat- ‘‘(C) to— ‘‘(2) Paragraph (1) shall not apply to con- ing to advertising on broadcasting stations, ‘‘(i) a State Party Grassroots Fund estab- tributions— in newspapers or magazines, or by mailings, lished and maintained by a State committee ‘‘(A) that— or relating to other similar types of general of a political party in any calendar year ‘‘(i) are to be transferred to a State com- public political advertising, if such extension which, in the aggregate, exceed $15,000; mittee of a political party and are used sole- of credit is— ‘‘(ii) to any other political committee es- ly for activities described in clauses (xi) ‘‘(I) in an amount of more than $1,000; and tablished and maintained by a State com- through (xvii) of paragraph (9)(B) of section ‘‘(II) for a period greater than the period, mittee of a political party which, in the ag- 301; or not in excess of 60 days, for which credit is gregate, exceed $5,000, ‘‘(ii) are described in section 301(8)(B)(viii); generally extended in the normal course of except that the aggregate contributions de- and business after the date on which such goods scribed in this subparagraph which may be ‘‘(B) with respect to which contributors or services are furnished or the date of a made by a multicandidate political commit- have been notified that the funds will be mailing.’’. tee to the State Party Grassroots Fund and used solely for the purposes described in sub- PART II—PROVISIONS RELATING TO SOFT all committees of a State Committee of a po- paragraph (A). MONEY OF POLITICAL PARTIES litical party in any State in any calendar ‘‘(b) ACTIVITIES SUBJECT TO THIS ACT.—Any SEC. 10033. DEFINITIONS. year shall not exceed $15,000; or’’. amount solicited, received, expended, or dis- (a) CONTRIBUTION AND EXPENDITURE EXCEP- (c) OVERALL LIMIT.—Paragraph (3) of sec- bursed directly or indirectly by a national, TIONS.—(1) Clause (xii) of section 301(8)(B) of tion 315(a) of FECA (2 U.S.C. 441a(a)(3)) is State, district, or local committee of a polit- FECA (2 U.S.C. 431(8)(B)(xii)) is amended— amended to read as follows: ical party (including any subordinate com- (A) by inserting ‘‘in connection with volun- ‘‘(3)(A) No individual shall make contribu- mittee) with respect to any of the following teer activities’’ after ‘‘such committee’’; and tions during any election cycle (as defined in activities shall be subject to the limitations, January 4, 1995 CONGRESSIONAL RECORD — SENATE S 159 prohibitions, and reporting requirements of ‘‘(A) has established a separate segregated ‘‘(xx) any payment for development and this Act: fund for the purposes described in paragraph maintenance of voter files other than during ‘‘(1)(A) Any get-out-the-vote activity con- (1); and the 1-year period ending on the date during ducted during a calendar year in which an ‘‘(B) uses the transferred funds solely for an even-numbered calendar year on which election for the office of President is held. those purposes. regularly scheduled general elections for ‘‘(B) Any other get-out-the-vote activity ‘‘(e) AMOUNTS RECEIVED BY GRASSROOTS Federal office occur; and unless subsection (c)(2) applies to the activ- FUND FROM STATE AND LOCAL CANDIDATE ‘‘(xxi) any payment for any other activity ity. COMMITTEES.—(1) Any amount received by a which is solely for the purpose of influenc- ‘‘(2) Any generic campaign activity. State Party Grassroots Fund from a State or ing, and which solely affects, an election for ‘‘(3) Any activity that identifies or pro- local candidate committee for expenditures non-Federal office and which is not an activ- motes a Federal candidate, regardless of described in subsection (b) that are for the ity described in section 324(b) (without re- whether— benefit of that candidate shall be treated as gard to paragraph (6)(B)) or section ‘‘(A) a State or local candidate is also iden- meeting the requirements of subsection (b) 324(c)(1).’’. tified or promoted; or and section 304(e) if— (2) Section 301(9)(B) of FECA (2 U.S.C. ‘‘(B) any portion of the funds disbursed ‘‘(A) such amount is derived from funds 431(9)(B)) is amended by striking ‘‘and’’ at constitutes a contribution or expenditure which meet the requirements of this Act the end of clause (ix), by striking the period under this Act. with respect to any limitation or prohibition at the end of clause (x) and inserting a semi- ‘‘(4) Voter registration. as to source or dollar amount specified in colon, and by adding at the end the following ‘‘(5) Development and maintenance of section 315(a) (1)(A) and (2)(A); and new clauses: voter files during an even-numbered calendar ‘‘(B) the State or local candidate commit- ‘‘(xi) any amount contributed to a can- year. tee— didate for other than Federal office; ‘‘(6) Any other activity that— ‘‘(i) maintains, in the account from which ‘‘(xii) any amount received or expended to ‘‘(A) significantly affects a Federal elec- payment is made, records of the sources and pay the costs of a State or local political tion, or amounts of funds for purposes of determining ‘‘(B) is not otherwise described in section whether such requirements are met; and convention; 301(8)(B)(xvii). ‘‘(ii) certifies that such requirements were ‘‘(xiii) any payment for campaign activi- ties that are exclusively on behalf of (and Any amount spent to raise funds that are met. ‘‘(2) For purposes of paragraph (1)(A), in de- specifically identify only) State or local can- used, in whole or in part, in connection with didates and do not identify any Federal can- activities described in the preceding para- termining whether the funds transferred didate, and that are not activities described graphs shall be subject to the limitations, meet the requirements of this Act described in section 324(b) (without regard to para- prohibitions, and reporting requirements of in such paragraph— graph (6)(B)) or section 324(c)(1); this Act. ‘‘(A) a State or local candidate commit- ‘‘(xiv) any payment for administrative ex- ‘‘(c) GET-OUT-THE-VOTE ACTIVITIES BY tee’s cash on hand shall be treated as con- penses of a State or local committee of a po- STATE, DISTRICT, AND LOCAL COMMITTEES OF sisting of the funds most recently received litical party, including expenses for— POLITICAL PARTIES.—(1) Except as provided by the committee, and in paragraph (2), any get-out-the-vote activ- ‘‘(B) the committee must be able to dem- ‘‘(I) overhead, including party meetings; ity for a State or local candidate, or for a onstrate that its cash on hand contains suffi- ‘‘(II) staff (other than individuals devoting ballot measure, which is conducted by a cient funds meeting such requirements as a significant amount of their time to elec- State, district, or local committee of a polit- are necessary to cover the transferred funds. tions for Federal office and individuals en- ical party (including any subordinate com- ‘‘(3) Notwithstanding paragraph (1), any gaged in conducting get-out-the-vote activi- mittee) shall be subject to the limitations, State Party Grassroots Fund receiving any ties for a Federal election); and prohibitions, and reporting requirements of transfer described in paragraph (1) from a ‘‘(III) conducting party elections or cau- this Act. State or local candidate committee shall be cuses; ‘‘(2) Paragraph (1) shall not apply to any required to meet the reporting requirements ‘‘(xv) any payment for research pertaining activity which the State committee of a po- of this Act, and shall submit to the Commis- solely to State and local candidates and is- litical party certifies to the Commission is sion all certifications received, with respect sues; an activity which— to receipt of the transfer from such can- ‘‘(xvi) any payment for development and ‘‘(A) is conducted during a calendar year didate committee. maintenance of voter files other than during other than a calendar year in which an elec- ‘‘(4) For purposes of this subsection, a the 1-year period ending on the date during tion for the office of President is held, State or local candidate committee is a com- an even-numbered calendar year on which ‘‘(B) is exclusively on behalf of (and spe- mittee established, financed, maintained, or regularly scheduled general elections for cifically identifies only) one or more State controlled by a candidate for other than Fed- Federal office occur; and or local candidates or ballot measures, and eral office.’’. ‘‘(xvii) any payment for any other activity ‘‘(C) does not include any effort or means (b) CONTRIBUTIONS AND EXPENDITURES.—(1) which is solely for the purpose of influenc- used to identify or turn out those identified Section 301(8)(B) of FECA (2 U.S.C. 431(8)(B)) ing, and which solely affects, an election for to be supporters of any Federal candidate is amended by striking ‘‘and’’ at the end of non-Federal office and which is not an activ- (including any activity that is undertaken in clause (xiii), by striking the period at the ity described in section 324(b) (without re- coordination with, or on behalf of, a can- end of clause (xiv) and inserting a semicolon, gard to paragraph (6)(B)) or section didate for Federal office). and by adding at the end the following new 324(c)(1).’’. ‘‘(d) STATE PARTY GRASSROOTS FUNDS.—(1) clauses: (c) LIMITATION APPLIED AT NATIONAL A State committee of a political party may ‘‘(xv) any amount contributed to a can- LEVEL.—Paragraph (3) of section 315(d) of make disbursements and expenditures from didate for other than Federal office; FECA (2 U.S.C. 441a(d)(3)) is amended by add- its State Party Grassroots Fund only for— ‘‘(xvi) any amount received or expended to ing at the end the following new sentence: ‘‘(A) any generic campaign activity; pay the costs of a State or local political ‘‘Notwithstanding the preceding sentence, ‘‘(B) payments described in clauses (v), (x), convention; the applicable congressional campaign com- and (xii) of paragraph (8)(B) and clauses (iv), ‘‘(xvii) any payment for campaign activi- mittee of a political party shall make the ex- (viii), and (ix) of paragraph (9)(B) of section ties that are exclusively on behalf of (and penditures described in this paragraph which 301; specifically identify only) State or local can- are authorized to be made by a national or ‘‘(C) subject to the limitations of section didates and do not identify any Federal can- State committee with respect to a candidate 315(d), payments described in clause (xii) of didate, and that are not activities described in any State unless it allocates all or a por- paragraph (8)(B), and clause (ix) of paragraph in section 324(b) (without regard to para- tion of such expenditures to either or both of (9)(B), of section 301 on behalf of candidates graph (6)(B)) or section 324(c)(1); such committees.’’. other than for President and Vice President; ‘‘(xviii) any payment for administrative (d) LIMITATIONS APPLY FOR ENTIRE ELEC- ‘‘(D) voter registration; and expenses of a State or local committee of a TION CYCLE.—Section 315(d)(1) of FECA (2 ‘‘(E) development and maintenance of political party, including expenses for— U.S.C. 441a(d)(1)) is amended by adding at the voter files during an even-numbered calendar ‘‘(I) overhead, including party meetings; end the following new sentence: ‘‘Each limi- year. ‘‘(II) staff (other than individuals devoting tation under the following paragraphs shall ‘‘(2) Notwithstanding section 315(a)(4), no a significant amount of their time to elec- apply to the entire election cycle for an of- funds may be transferred by a State commit- tions for Federal office and individuals en- fice.’’. tee of a political party from its State Party gaged in conducting get-out-the-vote activi- Grassroots Fund to any other State Party ties for a Federal election); and SEC. 10036. RESTRICTIONS ON FUNDRAISING BY Grassroots Fund or to any other political ‘‘(III) conducting party elections or cau- CANDIDATES AND OFFICEHOLDERS. committee, except a transfer may be made cuses; (a) STATE FUNDRAISING ACTIVITIES.—Sec- to a district or local committee of the same ‘‘(xix) any payment for research pertaining tion 315 of FECA (2 U.S.C. 441a), as amended political party in the same State if such dis- solely to State and local candidates and is- by section 10031, is amended by adding at the trict or local committee— sues; end the following new subsection: S 160 CONGRESSIONAL RECORD — SENATE January 4, 1995

‘‘(k) LIMITATIONS ON FUNDRAISING ACTIVI- any congressional campaign committee of a erwise directed through an intermediary or TIES OF FEDERAL CANDIDATES AND OFFICE- political party, and any subordinate commit- conduit to a candidate, shall be treated as HOLDERS AND CERTAIN POLITICAL COMMIT- tee of either, shall report all receipts and contributions from the person to the can- TEES.—(1) For purposes of this Act, a can- disbursements during the reporting period, didate. If a contribution is made to a can- didate for Federal office, an individual hold- whether or not in connection with an elec- didate through an intermediary or conduit, ing Federal office, or any agent of the can- tion for Federal office. the intermediary or conduit shall report the didate or individual may not solicit funds to, ‘‘(2) A political committee (not described original source and the intended recipient of or receive funds on behalf of, any Federal or in paragraph (1)) to which section 324 applies the contribution to the Commission and to non-Federal candidate or political commit- shall report all receipts and disbursements the intended recipient. tee— including separate schedules for receipts and ‘‘(B) Contributions made directly or indi- ‘‘(A) which are to be expended in connec- disbursements for State Grassroots Funds rectly by a person to or on behalf of a par- tion with any election for Federal office un- described in section 301(31). ticular candidate through an intermediary less such funds are subject to the limita- ‘‘(3) Any political committee to which sec- or conduit, including contributions arranged tions, prohibitions, and requirements of this tion 324 applies shall include in its report to be made by an intermediary or conduit, Act; or under paragraph (1) or (2) the amount of any shall be treated as contributions from the ‘‘(B) which are to be expended in connec- transfer described in section 324(d)(2) and intermediary or conduit to the candidate if— tion with any election for other than Federal shall itemize such amounts to the extent re- office unless such funds are not in excess of ‘‘(i) the contributions made through the quired by section 304(b)(3)(A). intermediary or conduit are in the form of a amounts permitted with respect to Federal ‘‘(4) Any political committee to which check or other negotiable instrument made candidates and political committees under paragraph (1) or (2) does not apply shall re- payable to the intermediary or conduit rath- subsections (a) (1) and (2), and are not from port any receipts or disbursements which are er than the intended recipient; or sources prohibited by such subsections with used in connection with a Federal election. ‘‘(ii) the intermediary or conduit is— respect to elections to Federal office. ‘‘(5) If a political committee has receipts ‘‘(I) a political committee which is not de- ‘‘(2)(A) The aggregate amount which a per- or disbursements to which this subsection son described in subparagraph (B) may so- applies from any person aggregating in ex- scribed in subparagraph (E), a political licit from a multicandidate political com- cess of $200 for any calendar year, the politi- party, or an officer, employee, or agent of ei- mittee for State committees described in cal committee shall separately itemize its ther; subsection (a)(1)(C) (including subordinate reporting for such person in the same man- ‘‘(II) an individual whose activities are re- committees) for any calendar year shall not ner as subsection (b) (3)(A), (5), or (6). quired to be reported under section 308 of the exceed the dollar amount in effect under sub- ‘‘(6) Reports required to be filed by this Federal Regulation of Lobbying Act (2 U.S.C. section (a)(2)(B) for the calendar year. subsection shall be filed for the same time 267), the Foreign Agents Registration Act of ‘‘(B) A person is described in this subpara- periods required for political committees 1938 (22 U.S.C. 611 et seq.), or any successor graph if such person is a candidate for Fed- under subsection (a).’’. Federal law requiring a person who is a lob- eral office, an individual holding Federal of- (b) REPORT OF EXEMPT CONTRIBUTIONS.— byist or foreign agent to report its activities; fice, an agent of such a candidate or individ- Section 301(8) of the Federal Election Cam- ‘‘(III) a person which is prohibited from ual, or any national, State, district, or local paign Act of 1971 (2 U.S.C. 431(8)) is amended making contributions under section 316 or committee of a political party (including a by inserting at the end thereof the following: which is a partnership; or subordinate committee) and any agent of ‘‘(C) The exclusion provided in clause (viii) ‘‘(IV) an officer, employee, or agent of a such a committee. of subparagraph (B) shall not apply for pur- person described in subclause (II) or (III) act- ‘‘(3) The appearance or participation by a poses of any requirement to report contribu- ing on behalf of such person. candidate for Federal office or individual tions under this Act, and all such contribu- ‘‘(C)(i) The term ‘contributions arranged to holding Federal office in any fundraising tions aggregating in excess of $200 shall be be made’ includes— event conducted by a committee of a politi- reported.’’. ‘‘(I) contributions delivered to a particular cal party or a candidate for other than Fed- (c) REPORTS BY STATE COMMITTEES.—Sec- eral office shall not be treated as a solicita- candidate or the candidate’s authorized com- tion 304 of FECA (2 U.S.C. 434), as amended tion for purposes of paragraph (1) if such can- mittee or agent by the person who arranged didate or individual does not solicit or re- by subsection (a), is amended by adding at for the making of the contribution; and ceive, or make disbursements from, any the end thereof the following new subsection: ‘‘(II) contributions to a particular can- funds resulting from such activity. ‘‘(f) FILING OF STATE REPORTS.—In lieu of didate or the candidate’s authorized commit- ‘‘(4) Paragraph (1) shall not apply to the any report required to be filed by this Act, tee or agent that are made or arranged to be solicitation or receipt of funds, or disburse- the Commission may allow a State commit- made so as to identify to the candidate or ments, by an individual who is a candidate tee of a political party to file with the Com- authorized committee or agent the person for other than Federal office if such activity mission a report required to be filed under who arranged for the making of the con- is permitted under State law. State law if the Commission determines such tribution. ‘‘(5) For purposes of this subsection, an in- reports contain substantially the same infor- ‘‘(ii) The term ‘acting on behalf of such dividual shall be treated as holding Federal mation.’’. person’ includes the following activities by office if such individual— (d) OTHER REPORTING REQUIREMENTS.— an officer, employee, or agent of a person de- ‘‘(A) holds a Federal office; or (1) AUTHORIZED COMMITTEES.—Paragraph (4) scribed in subparagraph (B)(ii) (II) or (III): ‘‘(B) holds a position described in level I of of section 304(b) of FECA (2 U.S.C. 434(b)(4)) ‘‘(I) Soliciting the making of a contribu- the Executive Schedule under section 5312 of is amended by striking ‘‘and’’ at the end of tion to a particular candidate in the name of subparagraph (H), by inserting ‘‘and’’ at the title 5, United States Code.’’. such a person. end of subparagraph (I), and by adding at the (b) TAX-EXEMPT ORGANIZATIONS.—Section ‘‘(II) Soliciting the making of a contribu- end the following new subparagraph: 315 of FECA (2 U.S.C. 441a), as amended by tion to a particular candidate using other ‘‘(J) in the case of an authorized commit- subsection (a), is amended by adding at the than incidental resources of such a person. tee, disbursements for the primary election, end thereof the following new subsection: ‘‘(III) Soliciting contributions for a par- ‘‘(l) TAX-EXEMPT ORGANIZATIONS.—(1) If an the general election, and any other election in which the candidate participates;’’. ticular candidate by directing a substantial individual is a candidate for, or holds, Fed- portion of the solicitations to other officers, eral office during any period, such individual (2) NAMES AND ADDRESSES.—Subparagraph employees, or agents of such a person. may not during such period solicit contribu- (A) of section 304(b)(5) of FECA (2 U.S.C. ‘‘(iii) Except for purposes of subclauses (I) tions to, or on behalf of, any organization 434(b)(5)(A)) is amended— and (II) of clause (ii), an individual shall not which is described in section 501(c) of the In- (A) by striking ‘‘within the calendar year’’, ternal Revenue Code of 1986 if a significant and be treated as an officer, employee, or agent portion of the activities of such organization (B) by inserting ‘‘, and the election to of a person if— include voter registration or get-out-the- which the operating expenditure relates’’ ‘‘(I) in the case of a membership organiza- vote campaigns. after ‘‘operating expenditure’’. tion, the individual is a member of the orga- ‘‘(2) For purposes of this subsection, an in- Subtitle D—Contributions nization, or ‘‘(II) the individual serves on the board of dividual shall be treated as holding Federal SEC. 10041. CONTRIBUTIONS THROUGH office if such individual— INTERMEDIARIES AND CONDUITS; the person and the individual does not re- ‘‘(A) holds a Federal office; or PROHIBITION ON CERTAIN CON- ceive any compensation from that person (or ‘‘(B) holds a position described in level I of TRIBUTIONS BY LOBBYISTS. any subsidiary or affiliated person) by reason the Executive Schedule under section 5312 of (a) CONTRIBUTIONS THROUGH of serving in that capacity. title 5, United States Code.’’. INTERMEDIARIES AND CONDUITS.—Section ‘‘(D) Nothing in this paragraph shall apply SEC. 10037. REPORTING REQUIREMENTS. 315(a)(8) of FECA (2 U.S.C. 441a(a)(8)) is to— (a) REPORTING REQUIREMENTS.—Section 304 amended to read as follows: ‘‘(i) bona fide joint fundraising efforts con- of FECA (2 U.S.C. 434), as amended by sec- ‘‘(8) For purposes of this subsection: ducted solely for the purpose of sponsorship tion 10012(a), is amended by adding at the ‘‘(A) Contributions made by a person, ei- of a fundraising reception, dinner, or other end thereof the following new subsection: ther directly or indirectly, to or on behalf of similar event, in accordance with rules pre- ‘‘(e) POLITICAL COMMITTEES.—(1) The na- a particular candidate, including contribu- scribed by the Commission, by 2 or more can- tional committee of a political party and tions that are in any way earmarked or oth- didates acting on their own behalf; January 4, 1995 CONGRESSIONAL RECORD — SENATE S 161 ‘‘(ii) fundraising efforts for the benefit of a tion to any member of Congress or candidate ‘‘(IX) made to an agency official with re- candidate that are conducted by another for Congress (or any authorized committee of gard to a judicial proceeding, criminal or candidate or Federal officeholder; or the President) shall not, during the 12 civil law enforcement inquiry, investigation, ‘‘(iii) the solicitation by an individual, months following such contribution, make a or proceeding, or filing required by law; using the individual’s own resources and act- lobbying contact with such member or can- ‘‘(X) made in compliance with written ing in the individual’s own name, of con- didate who becomes a member of Congress or agency procedures regarding an adjudication tributions from other persons in a manner with a covered executive branch official. conducted by the agency under section 554 of that does not identify the solicitor with the ‘‘(3) For purposes of this subsection— title 5, United States Code, or substantially making of the contribution. ‘‘(A) the term ‘covered executive branch similar provisions; ‘‘(E)(i) For purposes of subparagraph official’ means the President, Vice Presi- ‘‘(XI) a written comment filed in a public (B)(ii)(I), a political committee described in dent, any officer or employee of the execu- docket and other communication that is this subparagraph is one which— tive office of the President other than a cler- made on the record in a public proceeding; ‘‘(I) does not have a connected organiza- ical or secretarial employee, any officer or ‘‘(XII) a formal petition for agency action, tion; employee serving in an Executive Level I, II, made in writing pursuant to established ‘‘(II) has not contracted for the services of, III, IV, or V position as designated in statute agency procedures; or and does not employ on a full or part-time or Executive order, any officer or employee ‘‘(XIII) made on behalf of a person with re- basis, any individual described in subpara- serving in a senior executive service position gard to the person’s benefits, employment, graph (B)(ii)(II) during the same election (as defined in section 3232(a)(2) of title 5, other personal matters involving only that cycle; and United States Code), any member of the uni- person, or disclosures pursuant to a whistle- ‘‘(III) is not affiliated with any person or formed services whose pay grade is at or in blower statute.’’. organization that has contracted for the excess of 0-7 under section 201 of title 37, ‘‘(5) For purposes of this subsection, a lob- services of, or has employed on a full or part- United States Code, and any officer or em- byist shall be considered to make a lobbying time basis, any individual described in sub- ployee serving in a position of confidential contact or communication with a member of paragraph (B)(ii)(II) during the same election or policy-determining character under sched- Congress if the lobbyist makes a lobbying cycle. contact or communication with— ‘‘(ii) For purposes of clause (i)(III), organi- ule C of the excepted service pursuant to reg- ulations implementing section 2103 of title 5, ‘‘(A) the member of Congress; zations are affiliated if they are established, ‘‘(B) any person employed in the office of financed, maintained, or controlled by the United States Code; ‘‘(B) the term ‘lobbyist’ means— the member of Congress; or same person or group of persons. Evidence of ‘‘(C) any person employed by a committee, such affiliation includes, but is not limited ‘‘(i) a person required to register under sec- tion 308 of the Federal Regulation of Lobby- joint committee, or leadership office who, to to— the knowledge of the lobbyist, was employed ‘‘(I) common membership, employees, offi- ing Act (2 U.S.C. 267) or the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) at the request of or is employed at the pleas- cers, or facilities; ure of, reports primarily to, represents, or ‘‘(II) the donation, contribution, or trans- or any successor Federal law requiring a per- son who is a lobbyist or foreign agent to reg- acts as the agent of the member of Con- fer of funds between the organizations; gress.’’. ‘‘(III) the exchange, sharing, or disclosure ister or a person to report its lobbying ac- of any membership, mailing, contributor, or tivities; or SEC. 10042. CONTRIBUTIONS BY DEPENDENTS other list of names; or ‘‘(C) the term ‘lobbying contact’— NOT OF VOTING AGE. ‘‘(IV) the authority or ability to direct, or ‘‘(i) means an oral or written communica- Section 315 of FECA (2 U.S.C. 441a), as to participate in, the governance or decision- tion with or appearance before a member of amended by section 10041(c), is amended by making of an organization.’’ Congress or covered executive branch official adding at the end the following new sub- (b) REPORTING OF EARMARKED CONTRIBU- made by a lobbyist representing an interest section: TIONS.—Section 304, as amended by section of another person with regard to— ‘‘(n) For purposes of this section, any con- 10037, is further amended by adding the fol- ‘‘(I) the formulation, modification, or tribution by an individual who— lowing new subsection: adoption of Federal legislation (including a ‘‘(1) is a dependent of another individual; ‘‘(f) REPORTING OF EARMARKED CONTRIBU- legislative proposal); and TIONS.—(1) An intermediary or conduit shall ‘‘(II) the formulation, modification, or ‘‘(2) has not, as of the time of such con- report the original source and the intended adoption of a Federal rule, regulation, Exec- tribution, attained the legal age for voting recipient of each contribution forwarded to a utive order, or any other program, policy or for elections to Federal office in the State in candidate in accordance with section position of the United States Government; or which such individual resides, 315(a)(8), and the identification of each con- ‘‘(III) the administration or execution of a shall be treated as having been made by such tributor as required by subsection (b)(3). The Federal program or policy (including the ne- other individual. If such individual is the de- intermediary or conduit shall also report the gotiation, award, or administration of a Fed- pendent of another individual and such other total amount of contributions made through eral contract, grant, loan, permit, or li- individual’s spouse, the contribution shall be the intermediary or conduit for each can- cense); but allocated among such individuals in the didate to whom contributions were directed ‘‘(ii) does not include a communication manner determined by them.’’. in the reporting period, the dates on which that is— SEC. 10043. CONTRIBUTIONS TO CANDIDATES the contributions were received for that can- ‘‘(I) made by a public official acting in an FROM STATE AND LOCAL COMMIT- didate, and the dates on which they were for- official capacity; TEES OF POLITICAL PARTIES TO BE AGGREGATED. warded to the candidate. ‘‘(II) made by a representative of a media ‘‘(2) An authorized committee which re- organization who is primarily engaged in Section 315(a) of FECA (2 U.S.C. 441a(a)) is ceives contributions through an gathering and disseminating news and infor- amended by adding at the end the following intermediary or conduit shall report the mation to the public; new paragraph: total amount received through each ‘‘(III) made in a speech, article, publica- ‘‘(9) Notwithstanding paragraph (5)(B), a intermediary or conduit in the reporting pe- tion, or other material that is widely distrib- candidate for Federal office may not accept, riod, the dates the contributions were re- uted to the public or through the media; with respect to an election, any contribution ceived, and the identification of each con- ‘‘(IV) a request for an appointment, a re- from a State or local committee of a politi- tributor as required by subsection (b)(3).’’. quest for the status of a Federal action, or cal party (including any subordinate com- mittee of such committee), if such contribu- (c) PROHIBITION OF CERTAIN CONTRIBUTIONS another similar ministerial contact, if there tion, when added to the total of contribu- BY LOBBYISTS.—Section 315 of FECA (2 U.S.C. is no attempt to influence a member of Con- 441a), as amended by section 10036(b), is gress or covered executive branch official at tions previously accepted from all such com- amended by adding at the end the following the time of the contact; mittees of that political party, exceeds a new subsection: ‘‘(V) made in the course of participation in limitation on contributions to a candidate ‘‘(m)(1) A lobbyist, or a political commit- an advisory committee subject to the Fed- under this section.’’. tee controlled by a lobbyist, shall not make eral Advisory Committee Act (5 U.S.C. App.); SEC. 10044. CONTRIBUTIONS AND EXPENDITURES a contribution to— ‘‘(VI) testimony given before a committee, USING MONEY SECURED BY PHYS- ‘‘(A) a Federal officeholder or candidate for subcommittee, or office of Congress a Fed- ICAL FORCE OR OTHER INTIMIDA- TION. Federal office if, during the preceding 12 eral agency, or submitted for inclusion in Title III of FECA, as amended by section months, the lobbyist has made a lobbying the public record of a hearing conducted by 10054, is amended by adding at the end the contact with such officeholder or candidate; the committee, subcommittee, or office; following new section: or ‘‘(VII) information provided in writing in ‘‘(B) any authorized committee of the response to a specific written request from a ‘‘CONTRIBUTIONS AND EXPENDITURES USING President or Vice President of the United member of Congress or covered executive MONEY SECURED BY PHYSICAL FORCE OR States if, during the preceding 12 months, branch official; OTHER INTIMIDATION the lobbyist has made a lobbying contact ‘‘(VIII) required by subpoena, civil inves- ‘‘SEC. 326. It shall be unlawful for any per- with a covered executive branch official. tigative demand, or otherwise compelled by son to— ‘‘(2) A lobbyist who, or a lobbyist whose po- statute, regulation, or other action of Con- ‘‘(1) cause another person to make a con- litical committee, has made any contribu- gress or a Federal agency; tribution or expenditure by using physical S 162 CONGRESSIONAL RECORD — SENATE January 4, 1995 force, job discrimination, financial reprisals, (3) CRITERIA.—The system or systems de- corporation, the corporation shall be treated or the threat of physical force, job discrimi- veloped pursuant to paragraph (1) shall— as a political committee. nation, or financial reprisal; or (A) propose a description of the kinds of ‘‘(4) All solicitations by a qualified non- ‘‘(2) make a contribution or expenditure disabilities that impose such difficulty in profit corporation shall include a notice in- utilizing money or anything of value secured travel to polling places that a person with a forming contributors that donations may be in the manner described in paragraph (1).’’. disability who may desire to vote is discour- used by the corporation to make independent SEC. 10045. PROHIBITION OF ACCEPTANCE BY A aged from undertaking such travel; expenditures. CANDIDATE OF CASH CONTRIBU- (B) propose procedures to identify persons ‘‘(5) A qualified nonprofit corporation shall TIONS FROM ANY ONE PERSON AG- who are so disabled; and file reports as required by section 304 (c) and GREGATING MORE THAN $100. (C) describe procedures and equipment that (d). Section 321 of FECA (2 U.S.C. 441g) is may be used to ensure that— SEC. 10054. AIDING AND ABETTING VIOLATIONS amended by inserting ‘‘, and no candidate or (i) only those persons who are entitled to OF FECA. authorized committee of a candidate shall use the system are permitted to use it; Title III of FECA, as amended by section accept from any one person,’’ after ‘‘make’’. (ii) the votes of persons who use the sys- 10035, is amended by adding at the end the Subtitle E—Miscellaneous tem are recorded accurately and remain se- following new section: cret; SEC. 10051. PROHIBITION OF LEADERSHIP COM- (iii) the system minimizes the possibility ‘‘AIDING AND ABETTING VIOLATIONS MITTEES. of vote fraud; and ‘‘SEC. 325. With reference to any provision Section 302(e) of FECA (2 U.S.C. 432(e)) is (iv) the system minimizes the financial of this Act that places a requirement or pro- amended— costs that State and local governments hibition on any person acting in a particular (1) by amending paragraph (3) to read as would incur in establishing and operating capacity, any person who knowingly aids or follows: the system. abets the person in that capacity in violat- ‘‘(3) No political committee that supports (4) REQUESTS FOR PROPOSALS.—In develop- ing that provision may be proceeded against or has supported more than one candidate ing a system described in paragraph (1), the as a principal in the violation.’’. may be designated as an authorized commit- Federal Election Commission may request SEC. 10055. CAMPAIGN ADVERTISING THAT RE- tee, except that— proposals from private contractors for the FERS TO AN OPPONENT. ‘‘(A) a candidate for the office of President design of procedures and equipment to be Title III of FECA, as amended by section nominated by a political party may des- used in the system. 10002, is amended by adding at the end the ignate the national committee of such politi- (5) PHYSICAL ACCESS.—Nothing in this sec- following new section: cal party as the candidate’s principal cam- tion is intended to supersede or supplant ef- ‘‘CAMPAIGN ADVERTISING THAT REFERS TO AN paign committee, but only if that national forts by State and local governments to OPPONENT committee maintains separate books of ac- make polling places physically accessible to count with respect to its functions as a prin- persons with disabilities. ‘‘SEC. 328. (a) CANDIDATES.—A candidate or cipal campaign committee; and (6) DEADLINE.—The Federal Election Com- candidate’s authorized committee that ‘‘(B) a candidate may designate a political mission shall submit to Congress the study places in the mail a campaign advertisement committee established solely for the purpose required by this section not later than 1 year or any other communication to the general of joint fundraising by such candidates as an after the effective date of this Act. public that directly or indirectly refers to an authorized committee.’’; and SEC. 10053. CERTAIN TAX-EXEMPT ORGANIZA- opponent or the opponents of the candidate (2) by adding at the end the following new TIONS NOT SUBJECT TO COR- in an election, with or without identifying paragraph: PORATE LIMITS. any opponent in particular, shall file an ‘‘(6)(A) A candidate for Federal office or Section 316 of FECA (2 U.S.C. 441b) is exact copy of the communication with the any individual holding Federal office may amended by adding at the end the following Commission and with the Secretary of State not establish, finance, maintain, or control new subsection: of the candidate’s State by no later than any Federal or non-Federal political com- ‘‘(c) PROHIBITIONS NOT TO APPLY TO INDE- 12:00 p.m. on the day on which the commu- mittee other than a principal campaign com- PENDENT EXPENDITURES OF CERTAIN TAX-EX- nication is first placed in the mail to the mittee of the candidate, authorized commit- EMPT ORGANIZATIONS.—(1) Nothing in this general public. tee, party committee, or other political com- section shall preclude a qualified nonprofit ‘‘(b) PERSONS OTHER THAN CANDIDATES.—A mittee designated in accordance with para- corporation from making independent ex- person other than a candidate or candidate’s graph (3). A candidate for more than one penditures (as defined in section 301(17)). authorized committee that places in the Federal office may designate a separate prin- ‘‘(2) For purposes of this subsection, the mail a campaign advertisement or any other cipal campaign committee for each Federal term ‘qualified nonprofit corporation’ means communication to the general public that— office. This paragraph shall not preclude a a corporation exempt from taxation under ‘‘(1) advocates the election of a particular Federal officeholder who is a candidate for section 501(a) of the Internal Revenue Code candidate in an election; and State or local office from establishing, fi- of 1986 which is described in section 501(c)(4) ‘‘(2) directly or indirectly refers to an op- nancing, maintaining, or controlling a polit- of such Code and which meets the following ponent or the opponents of the candidate in ical committee for election of the individual requirements: the election, with or without identifying any to such State or local office. ‘‘(A) Its only express purpose is the pro- opponent in particular, ‘‘(B) For one year after the effective date motion of political ideas. shall file an exact copy of the communica- of this paragraph, any political committee ‘‘(B) It cannot and does not engage in any tion with the Commission and with the Sec- established before such date but which is activities that constitute a trade or busi- retary of State of the candidate’s State by prohibited under subparagraph (A) may con- ness. no later than 12:00 p.m. on the day on which tinue to make contributions. At the end of ‘‘(C) Its gross receipts for the calendar year the communication is first placed in the that period such political committee shall have not (and will not) exceed $100,000, and mail to the general public.’’. disburse all funds by one or more of the fol- the net value of its total assets at any time SEC. 10056. LIMIT ON CONGRESSIONAL USE OF lowing means: making contributions to an during the calendar year do not exceed THE FRANKING PRIVILEGE. entity qualified under section 501(c)(3) of the $250,000. Section 3210(a)(6)(A) of title 39, United Internal Revenue Code of 1986; making a con- ‘‘(D) It was not established by a person de- States Code, is amended to read as follows: tribution to the treasury of the United scribed in section 501(c)(6) of the Internal ‘‘(A) A Member of Congress may not mail States; contributing to the national, State Revenue Code of 1986 that is exempt from any mass mailing as franked mail during a or local committees of a political party; or taxation under section 501(a) of such Code, a year in which there will be an election for making contributions not to exceed $1,000 to corporation engaged in carrying out a trade the seat held by the Member during the pe- candidates for elective office.’’. or business, or a labor organization, and it riod between January 1 of that year and the SEC. 10052. TELEPHONE VOTING BY PERSONS cannot and does not directly or indirectly date of the general election for that office, WITH DISABILITIES. accept donations of anything of value from unless the Member has made a public an- (a) STUDY OF SYSTEMS TO PERMIT PERSONS any such person, corporation, or labor orga- nouncement that the Member will not be a WITH DISABILITIES TO VOTE BY TELEPHONE.— nization. candidate for reelection to that seat or for (1) IN GENERAL.—The Federal Election ‘‘(E) It— election to any other Federal office.’’. Commission shall conduct a study to deter- ‘‘(i) has no shareholder or other person af- Subtitle F—Effective Dates; Authorizations mine the feasibility of developing a system filiated with it that could make a claim on or systems by which persons with disabilities its assets or earnings, and SEC. 10061. EFFECTIVE DATE. may be permitted to vote by telephone. ‘‘(ii) offers no incentives or disincentives Except as otherwise provided in this title, (2) CONSULTATION.—The Federal Election for associating or not associating with it the amendments made by, and the provisions Commission shall conduct the study de- other than on the basis of its position on any of, this title shall take effect on the date of scribed in paragraph (1) in consultation with political issue. the enactment of this title. State and local election officials, representa- ‘‘(3) If a major purpose of a qualified non- SEC. 10062. BUDGET NEUTRALITY. tives of the telecommunications industry, profit corporation is the making of independ- (a) DELAYED EFFECTIVENESS.—The provi- representatives of persons with disabilities, ent expenditures, and the requirements of sions of this title (other than this section) and other concerned members of the public. section 301(4) are met with respect to the shall not be effective until the Director of January 4, 1995 CONGRESSIONAL RECORD — SENATE S 163 the Office of Management and Budget cer- go back many years. In 1978—only a sional coverage—at the end of the last tifies that the estimated costs under section few years after I came to the Senate— Congress. 252 of the Balanced Budget and Emergency I proposed a resolution to assure that The first part of the Democratic lead- Deficit Control Act of 1985 have been offset by the enactment of legislation effectuating all Senate employees would be pro- er’s bill, which deals with congres- this title. tected against employment discrimina- sional coverage, is entitled the Con- (b) FUNDING.—Legislation effectuating this tion. In explaining why we needed this gressional Accountability Act of 1995. title shall not provide for general revenue in- resolution, I said that Congress was This legislation can be briefly summa- creases, reduce expenditures for any existing The Last Plantation. Some of my col- rized in five key elements. Federal program, or increase the Federal leagues were not happy with me for First, all of the rights and protec- budget deficit. this. But the employees knew that tions under the civil rights laws, other SEC. 10063. SEVERABILITY. what I said was true. employment statutes, and the public- Except as provided in section 10001(c), if access requirements of the Americans any provision of this title (including any There resolution in 1978 did not pass, amendment made by this title), or the appli- and it is only in the last few years that with Disabilities Act would apply to cation of any such provision to any person or we have finally enacted substantial the legislative branch. This includes circumstance, is held invalid, the validity of legal protection for Senate employees. the Senate, the House of Representa- any other provision of this title, or the appli- Our Senate employees are now covered tives, and our support agencies. cation of such provision to other persons and under the civil rights laws and certain Second, a new compliance office circumstances, shall not be affected thereby. other employment laws, and they can would be established within the legisla- SEC. 10064. EXPEDITED REVIEW OF CONSTITU- tive branch to handle claims and to TIONAL ISSUES. take their cases to the U.S. Court of Appeals. Despite this progress, how- issuerules. The compliance office would (a) DIRECT APPEAL TO SUPREME COURT.—An be headed by an independent five-per- appeal may be taken directly to the Supreme ever, we still have an unacceptable Court of the United States from any inter- patchwork quilt of coverage and ex- son board of directors removable only locutory order or final judgment, decree, or emption here on Capitol Hill. for cause. order issued by any court ruling on the con- It has not been easy to solve this It is unfortunate that we have to cre- stitutionality of any provision of this title problem. My guiding principle has been ate a new enforcement bureaucracy, at or amendment made by this title. a time when we are more concerned (b) ACCEPTANCE AND EXPEDITION.—The Su- that we in Congress should be subject to the same laws as apply to a business about streamlining the government. preme Court shall, if it has not previously But many Members believe that it back in our home State. But many ruled on the question addressed in the ruling would violate the constitutional sepa- below, accept jurisdiction over, advance on Members also believe that the Con- ration of powers to have the executive the docket, and expedite the appeal to the stitution requires us to preserve sub- branch enforce these laws against Con- greatest extent possible. stantial independence of the Senate gress. SEC. 10065. REGULATIONS. and of the House of Representatives. Third, any employee who believes The Federal Election Commission shall This is not simply a matter of per- prescribe any regulations required to carry there has been a violation could re- sonal prerogative or ego. For the pri- out the provisions of this title within 9 ceive counseling and mediation serv- vate sector, these laws are normally months after the effective date of this title. ices from the new office. If the employ- implemented by the executive branch Mr. GLENN. Mr. President, Senator ee’s claim is not resolved by counseling and the judicial branch. But many Sen- Sam Ervin, a great constitutional or mediation, the employee may file a scholar, once said that Congress is ators—both Democrats and Repub- complaint with the compliance office ‘‘like a doctor prescribing medicine for licans—have expressed genuine concern and receive a hearing and decision a patient that he himself would not about politically motivated prosecu- from a hearing officer. This decision take.’’ I agree. tions that might result if we ignore the may be appealed to the board and to By enacting laws for others, and then principle of separation of powers as we the U.S. Court of Appeals. exempting ourselves, we have done apply these laws to Congress. Fourth, instead of filing a complaint great damage to the public perception Last year, the majority leader, Sen- with the compliance office after coun- of Congress. When I travel in Ohio and ator MITCHELL, asked me—as chairman seling and mediation, the employee other parts of the country, I find that of the Governmental Affairs Commit- may elect to sue in U.S. District Court. people are especially irritated that we tee—to try to find a bipartisan solu- A jury trial may be requested under ap- do not have to follow the rules like ev- tion. I started with the excellent bill plicable law. erybody else. Businessmen, especially, introduced last year by Senators Fifth, the board will appoint a gen- tell me that we in Congress cannot un- LIEBERMAN and GRASSLEY. Then, to- eral counsel, who will enforce OSHA, derstand the real impact of our laws, gether with Senator LIEBERMAN, Sen- collective bargaining requirements, because we do not have to follow them ator GRASSLEY, and other Senators and other laws. back here on Capitol Hill. from both sides of the aisle, we worked A similar bill is being introduced as But there is an even more important hard to reach a solution—and we suc- part of Senator DOLE’s top-priority leg- principle at stake—to continue to de- ceeded. We included even stronger ap- islation. With this strong bipartisan prive our employees of the full protec- plication of the laws to Congress, and support, I am very optimistic that con- tion of the law is wrong. Let me be we also included stronger protection of gressional coverage legislation can now clear: I am not just talking about our the constitutional independence of the be promptly enacted. legislative and administrative person- Senate and the House. Our legislation So I am very pleased that there now nel—whom many people think of in won broad bipartisan support, but it appears to be bipartisan support for the terms of Capitol Hill staffers. There are was unfortunately blocked on the Sen- Congressional Accountability Act. And also the cleaning crews, and the police, ate floor in the closing days of the 103d I will be as pleased as anyone when it and the restaurant workers, and the Congress. is finally adopted. parking lot attendants, and the plumb- I am very gratified that our solution But make no mistake about it: There ers, and the window washers—all of the to congressional coverage now stands is nothing new about this measure. workers who do not enjoy the same an excellent chance of being enacted by Congressional coverage legislation was rights as every other American not em- the new Congress. The new Democratic adopted by the democratically con- ployed by the Congress. leader, Senator DASCHLE, is introduc- trolled House of Representatives last I am very pleased that, in these open- ing our congressional accountability year. Congressional coverage legisla- ing days of the 104th Congress, we can legislation, as part of a comprehensive tion was sent to the Senate floor by my finally do what is right for these peo- congressional reform proposal. democratically controlled Govern- ple, and eliminate this congressional This proposal includes a number of mental Affairs Committee last year. double standard under which we have reforms of the way Congress does busi- And, unfortunately, it died in the enacted laws that apply to everyone ness, including measures on lobbying final days of the democratically con- but ourselves. disclosure and gifts to Members. These trolled Congress in that scorched Earth This reform is long overdue. Our ef- essential measures, which I support, atmosphere—the worst I have ever seen forts to apply the law on Capitol Hill were also blocked—along with congres- in my 20 years in the Senate—that saw S 164 CONGRESSIONAL RECORD — SENATE January 4, 1995 Members opposing for the sake of op- Other employees—CBO could not estimate. b. For Americans with Disabilities Act: posing—and even killing good legisla- [CBO assumed the compliance office would A member of the public may submit a tion that they themselves supported— have wide discretion in establishing rules charge to the General Counsel of the Office. in order to deny credit to the majority and in allowing compensatory time instead Only the General Counsel may call for me- of overtime. This is incorrect: bill requires diation, or file a complaint. party. private-sector rules.] Appeal to the Board. Well, I will tell you something. I was 6. Anti-discrimination laws—no additional Appeal to the U.S. Court of Appeals. not proud of what went on in those cost, because these requirements already c. For OSHA, the following procedural final days, and I do not think the apply under statutes or rules. steps will be available: American people were either. For they 7. Polygraph protection—no effect; poly- The General Counsel will inspect all facili- know that America did not rise to be- graphs are not used. ties, using OSHA detailees, and issue cita- come the greatest nation in the world 8. Plant closing—no effect; no mass layoffs tions. are anticipated. Disputes regarding citations will be re- by trying to out-delay, out-complain, 9. Veterans rehiring—not scored by CBO; and out-divide our political opposition. ferred to a hearing officer. added to the legislation this year. Appeal to the Board. And—although it is easier said than TOTAL ESTIMATE: $1 million/year for the Appeal to the Court of Appeals. done—it is high time that Members 2 years, $4–5 million/year thereafter. The Board may also approve requests for started to put the national interest SUMMARY OF LAWS AND PROCEDURES temporary variances. first. To calculate their actions based 1. APPLICABLE LAWS d. For collective bargaining law, the fol- not on the narrow political calcula- a. Laws against employment discrimina- lowing procedural steps will be available: tions of today—but on what is best for tion: Petitions (e.g., requesting recognition of the country tomorrow. Title VII of Civil Rights Act of 1964. (Race, an exclusive representative) will be consid- If Republicans and Democrats alike religion, national origin) ered by the Board, and could be referred by can just remember that, I believe that Age Discrimination in Employment Act of the Board to a hearing officer. 1967. Unfair labor practice charges—would be we can have a very productive session. Title I of the Americans with Disabilities submitted to the General Counsel, who will The Congressional Accountability Act of 1990. investigate and may file a complaint. The Act is a good place to start. And I am Rehabilitation Act of 1973. (Discrimination complaint would be referred to a hearing of- very pleased that it is being introduced against disabled employees) ficer for decision, subject to appeal to the as part of Senator DASCHLE’s com- These laws already apply; the bill would Board. prehensive congressional reform pro- strengthen enforcement. Negotiation impasses would be submitted posal. b. Family and Medical Leave Act of 1993. to mediators. (Employees may take up to 3 months off per court of Appeals review of Board decisions. KEY ELEMENTS OF THE CONGRESSIONAL year, for personal or family medical needs, Mr. LEAHY. Mr. President, I am ACCOUNTABILITY ACT OF 1995 including birth) 1. Rights and Protections under Civil Already applies; the bill would strengthen pleased to cosponsor S. 10. This bill Rights and other employment statutes and enforcement. could be called the Golden Rule bill be- Americans with Disabilities Act would apply c. Fair Labor Standards Act of 1938. (Mini- cause its premise boils down to Con- fully to the House, the Senate, and all in- mum wage; overtime; sex discrimination in gress doing unto ourselves as we do strumentalities. pay) unto others. I would be tempted to say 2. A new compliance office would be estab- Use of volunteers would be allowed under that this is a reform whose time has lished within the Legislative Branch to han- the same standards as apply to state and come, if it were not already so pain- dle claims and issue rules. local governments. fully overdue. The compliance office would be headed by For employees whose work schedule de- an independent 5-percent Board of Directors pends on the schedule of house or Senate, When I first arrived in Washington as removable only for cause. special rules will be developed for overtime, a newly elected Senator from Vermont, 3. An employee who believes there has been comparable to statutory provisions for in- I was struck by the double standard of a violation could receive counseling and me- dustries with irregular work schedule. rights. Congress passed laws that ap- diation services from the new office. d. Americans with Disabilities Act of 1990 plied to employers in this country—ex- 4. If the employee’s claim is not resolved (access to public services and public accom- cept Congress. It was alien to anything by counseling or mediation, the employee modations. I had ever experienced. may file a complaint with the compliance of- Already applies; the bill would allow en- Contrary to advice from older and far fice and receive a hearing and decision from forcement. a hearing officer. e. Occupational Safety and Health Act of more senior Members of the Senate, in This decision may be appealed to the Board 1970 (‘‘OSHA’’). 1978 I introduced a bill that would ex- and to the United States Court of Appeals. f. Federal Service Labor-Management Re- tend coverage of several important 5. Instead of filing a complaint with the lations Statute. civil rights and labor laws to Congress. compliance office after counseling and medi- Application to personal, committee, or It was a simple bill, founded on a sim- cation, the employee may elect to sue in other political offices would be deferred until ple premise: Congress, like everyone United States District Court. A jury trial rules are issued by the new Office and ap- else in the country, must be governed may be requested under applicable law. proved by Congress. by the law. 6. The General Counsel, to be appointed by g. Employee Polygraph Protection Act. the Board, will enforce OSHA, collective bar- (Prohibits use of polygraphs for employees Congress was not the last plantation, gaining requirements, and other laws. and job applicants, with exceptions like na- where everyone except the master was SUMMARY OF COSTS AND OTHER IMPACTS OF tional security and policy) subject to the master’s rules. The Sen- CONGRESSIONAL ACCOUNTABILITY ACT h. Worker Adjustment and Retraining Act. ate represented the very seat of our de- The CBO letter, at pages 44–49 of the GAC (Requires 2 months advance written notice of mocracy—and it was imperative that it Report (and the CBO letter for the House plant closing or mass layoff, with exceptions act like one. bill) describes the following costs: like necessity.) I introduced the bill, explaining on 1. New compliance office: i. Law on veterans’ employment and reem- the Senate floor why Congress must set ployment. (Veterans can get job back after $1 million/year for 2 years, during start-up. an example to the public. The reaction $2–3 million/year thereafter, including en- up to 5 years’ military service. They also get the right to RAMSPEK into the Executive of other Senators was not entirely forcement procedures and OSHA inspections. friendly. As I was leaving the Senate 2. Settlements and awards to employees: Branch.) $0.5–1 million/year. 2. PROCEDURES FOR REMEDY floor, a senior Senator stopped to ask 3. Federal labor-management relations a. For employee claims (discrimination, where I was rushing off to. I explained $1 million/year for lawyers and personnel family/medical leave standards, fair labor that I had a plane to catch back to officers. standards, polygraph, plant closing, veterans Vermont. The Senator remarked, 4. OSHA rehiring) there would be a 5-step procedure: ‘‘Good, I hope you stay there.’’ Existing standards—will require change in counseling. My efforts to apply laws to Congress practices rather than significant additional Mediation. did not get much support in 1978. But I space or cost. Trial before a hearing officer. believed in it, and have continued to Possible future standards (e.g., ergonomic Appeal to the new Office’s Board equipment; air quality)—without specific Appeal to the U.S. Court of Appeals.or introduce it in the years since then. standards, cost cannot be predicted. Employees could elect to take case to Fed- Now, almost 17 years after I first intro- 5. Fair Labor Standards eral District Court after the mediation step, duced congressional coverage legisla- Capitol police—$0.8 million/year. instead of the hearing officer. tion, we seem finally ready to act. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 165 We have passed landmark legislation our representative legislative bodies. source;’’ and reforms ‘‘joint and sev- like the Civil Rights Act of 1964, the While it is true that simply applying eral’’ liability. Fair Labor Standards Act, the Occupa- FOIA questions, this bill does nothing S. 11 also directs the Secretary of tional Safety and Health Act and the to begin answering those questions and Health and Human Services to make Rehabilitation Act of 1973, to protect makes no effort toward increasing sun- grants to the states for the implemen- the civil, social, physical, and eco- shine in our institutions of govern- tation and evaluation of alternative nomic working rights for American ment. dispute resolution (ADR) systems. workers. What we failed to do each I have no doubt that giving people Mr. President, I believe S. 11 offers time we passed legislation was make greater access to information on how an important legislative mechanism sure that Congress was covered. By ex- decisions are made in Congress would for controlling national health care ex- empting itself from important civil go a long way to reducing the cynicism penditures. I hope may colleagues will rights and labor laws, Congress denied that the American people have about join me in support S. 11. to the men and women who serve us what we do here. We must work to find every day the rights and protections ways to increase our openness and ac- By Mr. ROTH (for himself, Mr. afforded to other American workers, cessibility to the public. BREAUX, Mr. PRYOR, and Mr. simply because of the place of their MURKOWSKI): employment. By Mr. KYL: S. 12. A bill to amend the Internal The result has come home to roost. S. 11. A bill to award grants to States Revenue Code of 1986 to encourage sav- The American people question whether to promote the development of alter- ings and investment through individual Congress understands their problems in native dispute resolution systems for retirement accounts, and for other pur- part because Congress does not have to medical malpractice claims, to gen- poses; to the Committee on Finance. live under the same rules as other erate knowledge about such systems Americans. This bill is a step toward through expert data gathering and as- THE RESTORATION OF THE IRA ACT OF 1995 regaining the confidence of the Amer- sessment activities, to promote uni- Mr. ROTH. Mr. President, today we ican people. formity and to curb excesses in State re-introduce the Super IRA, a savings Congress cannot be above the laws it liability systems through federally- plan that is well-known as the Bent- passes. It must provide to all its em- mandated liability reforms, and for sen-Roth IRA, and now the Roth- ployees the same protections it re- other purposes; to the Committee on Breaux IRA. The former Chairman of quires other employers to give. The the Judiciary. the Finance Committee, and Secretary American people want this body to MEDICAL CARE INJURY COMPENSATION ACT of the Treasury, Lloyd Bentsen, joined play by the same rules and observe the Mr. KYL. Mr. President, I rise as the with me to offer his leadership on this same laws that we impose on everyone sponsor of S. 11, the ‘‘Medical Care In- almost four years ago—and now I be- else. jury Compensation Act of 1995.’’ As the lieve we are on the verge of completing Unlike the Republican version of the 104th Congress begins to consider tar- our work of seeing this bill adopted. congressional coverage bill, the Demo- geted, market based health care reform Today I’m proud to be joined by Sen- cratic alternative (S. 10), which I am options, we should remember that med- ator JOHN BREAUX, in introducing this glad to cosponsor, contains provisions ical malpractice costs are an integral bill. I believe that this bill is ex- for lobbying reform, and limits on gifts tremely well conceived and promotes to Members and congressional staff. component of the high cost of medical The Republican version is called the care and health insurance. The current the two most important issues facing Congressional Accountability Act, even medical malpractice system encour- us today: the family and the failure of though it fails to address matters that ages litigation and exorbitant out-of- our economy. are necessary for it to amount to true court settlements. According to a It is clear, after passing the Bentsen- accountability to the American people. Lewin-VHI study, direct liability costs Roth IRA twice in 1992, that Congress In fact, that bill is limited to extending have been growing at four times the not only understands the need to only a few employment laws to Con- rate of inflation. Defensive medicine is strengthen family and the economy, gress but not other critical measures projected to add as much as $76 billion but that Congress is willing to work in that we were stopped from approving annually to national health care costs bipartisan cooperation to pass this leg- last year by our Republican colleagues. by the year 2000. Doctors’ fear is rea- islation. We have done it before; we can That bill does not address the key is- sonable when viewed in light of a study do it again. sues needed for accountability that we done by the Institute of Medicine This Super IRA will do much not have been trying to act on for some which found that 40% of all doctors and only to serve our families and help our time. 70% of all obstetrician-gynecologists nation’s savings rate, but it will also In particular, I refer to lobbying re- will be sued during their careers. restore equity to spouses who want to form, the gift ban and campaign fi- Mr. President, medical liability costs participate in the program. The lack of nance reform legislation that was bot- do not result in the productive use of savings in this country, as we all know, tled up again last year. We should be our national health care dollars. Ac- has reached crisis proportions. Chair- moving on these important fronts if we cording to a study by the Hudson Insti- man Alan Greenspan, at the Federal are serious about accountability. The tute, of the billions spent annually on Reserve, has said that the single most Republican bill merely lends some in- medical liability costs, 57 cents out of important long-term economic issue stitutional responsibility to our re- each dollar goes to lawyers rather than for this country is savings—savings maining employees. Accountability injured patients. This study concluded that are essential for jobs, opportunity, should include responsibility to the that medical liability costs added $450 and growth. This bill will help bring rest of the American people, as well. in direct and indirect costs to each hos- new savers into the act. That means reforming the way money pital admission. Nationally, this rep- Savings is not only important to our can affect the legislative process. I am resents more than 5% of the average nation’s economy, it is also important supporting S. 10 because it goes further hospital’s operating expenses. to create security and self-reliance in than the Republican alternative and In an effort to address this problem our families. This Super IRA will help takes affirmative steps to provide that through sensible targeted reform, I Americans. It is flexible, allowing accountability. have introduced S. 11. This legislation withdrawals to be made penalty-free to I must observe, however, that this ef- caps non-economic damages such as purchase first homes, to pay for unusu- fort is deficient in one key regard for pain and suffering at $250,000; imposes a ally large medical bills, college edu- its failure to increase sunshine and limit on attorneys’ fees of 25% of the cations, and to help families during ex- public information about Congress. I first $150,000 recovered and 15% of any tended periods of unemployment. have previously pressed to have prin- amount in excess of $150,000; provides One of the primary benefits of this ciples of the Freedom of Information for periodic payments where damages Super IRA is that parents and grand- Act and Privacy Act apply to Congress. for future economic loss exceed parents are able to draw down their We need to have more open processes if $100,000; provides for mandatory offsets IRAs without penalty to pay their chil- we hope to restore Americans’ belief in for damages paid by a ‘‘collateral dren’s college education, or contribute S 166 CONGRESSIONAL RECORD — SENATE January 4, 1995 toward their children’s first home. ‘‘For taxable years be- The applicable dollar (2) Section 408(b)(2)(B) is amended by strik- Children and grandchildren can use ginning in: amount is: ing ‘‘$2,000’’ and inserting ‘‘the dollar 1995 ...... $50,000 their IRAs to help their parents and amount in effect under section 219(b)(1)(A)’’. 1996 ...... $75,000 (3) Section 408(j) is amended by striking grandparents. This is what real ‘‘oppor- 1997 ...... $100,000 ‘‘$2,000’’. tunity’’ is all about—‘‘opportunity’’ for 1998 ...... $125,000. the family—‘‘opportunity’’ because ‘‘(iii) In the case of a married individual SEC. 103. HOMEMAKERS ELIGIBLE FOR FULL IRA once again Americans can focus on filing a separate return, zero.’’. DEDUCTION. self-reliance and prepare with greater (2) UNLINKING OF SPOUSAL RULE.—Para- (a) SPOUSAL IRA COMPUTED ON BASIS OF certainty for their futures. graph (1) of section 219(g) (relating to limita- COMPENSATION OF BOTH SPOUSES.—Sub- Let me stress, this Super IRA elimi- tion on deduction for active participants in section (c) of section 219 (relating to special certain pension plans) is amended by strik- rules for certain married individuals) is nates the unequal treatment of spouses ing ‘‘or the individual’s spouse’’. amended to read as follows: that now exists under current law. This (b) TERMINATION OF INCOME LIMITS.— ‘‘(c) SPECIAL RULES FOR CERTAIN MARRIED bill will allow spouses [husbands or (1) IN GENERAL.—Section 219 (relating to INDIVIDUALS.— wives] who work at home to make deduction for retirement savings), as amend- ‘‘(1) IN GENERAL.—In the case of an individ- equal IRA contributions, up to $2,000, ed by section 102, is amended by striking ual to whom this paragraph applies for the in their own accounts. subsection (g) and by redesignating sub- taxable year, the limitation of paragraph (1) This promotes personal responsibil- sections (h) and (i) as subsection (g) and (h), of subsection (b) shall be equal to the lesser ity. The individual is enabled to pro- respectively. of— (2) TECHNICAL AND CONFORMING AMEND- vide for his or her family, and does not ‘‘(A) $2,000, or MENTS.— have to rely on the limited hand of ‘‘(B) the sum of— (A) Subsection (f) of section 219 is amended ‘‘(i) the compensation includible in such government for their support. by striking paragraph (7). individual’s gross income for the taxable Mr. President, it’s clear to see why (B) Paragraph (5) of section 408(d) is year, plus this is a bill whose time has come. We amended by striking the last sentence. ‘‘(ii) the compensation includible in the have passed it before—in both Houses (C) Section 408(o) is amended by adding at gross income of such individual’s spouse for of Congress—now we must pass it the end the following new paragraph: the taxable year reduced by the amount al- again. It serves the individual. It ‘‘(5) TERMINATION.—This subsection shall lowable as a deduction under subsection (a) not apply to any designated nondeductible to such spouse for such taxable year. serves the family. It serves the nation. contribution for any taxable year beginning ‘‘(2) INDIVIDUALS TO WHOM PARAGRAPH (1) It is equitable, restoring spousal con- after December 31, 1998.’’. APPLIES.—Paragraph (1) shall apply to any tributions to where they should be. It (D) Section 408A(c)(2)(A), as added by sec- individual if— is flexible, offering penalty-free with- tion 111, is amended by striking ‘‘(computed ‘‘(A) such individual files a joint return for without regard to subsections (b)(4) and (g) drawals for life’s necessities. It prom- the taxable year, and of such section)’’ and inserting ‘‘(computed ises the vital capital formation Amer- ‘‘(B) the amount of compensation (if any) without regard to section 219(b)(4))’’. ica needs to invest in its future. And it includible in such individual’s gross income builds upon the very important concept (E) Subsection (b) of section 4973 is amend- ed by striking the last sentence. for the taxable year is less than the com- of self-reliance. Mr. President, this bill pensation includible in the gross income of (c) EFFECTIVE DATES.— must be passed, again. (1) PHASE-UP.—The amendments made by such individual’s spouse for the taxable Mr. President, I ask unanimous con- subsection (a) shall apply to taxable years year.’’. sent that the text of the bill and addi- beginning after December 31, 1994. (b) CONFORMING AMENDMENTS.— tional material be printed in the (2) TERMINATION.—The amendments made (1) Paragraph (2) of section 219(f) (relating to other definitions and special rules) is RECORD. by subsection (b) shall apply to taxable years amended by striking ‘‘subsections (b) and There being no objection, the mate- beginning after December 31, 1998. (c)’’ and inserting ‘‘subsection (b)’’. rial was ordered to be printed in the SEC. 102. INFLATION ADJUSTMENT FOR DEDUCT- IBLE AMOUNT. (2) Paragraph (2) of section 219(h), as added RECORD, as follows: (a) IN GENERAL.—Section 219, as amended by section 102, is amended by striking ‘‘Each S. 12 by section 101(a), is amended by redesignat- of the dollar amounts’’ and inserting ‘‘The Be it enacted by the Senate and House of Rep- ing subsection (h) as subsection (i) and by in- dollar amount’’. resentatives of the United States of America in serting after subsection (g) the following new (3) Section 408(d)(5) is amended by striking Congress assembled, subsection: ‘‘$2,250’’ and inserting ‘‘$2,000’’. SECTION 1. SHORT TITLE; AMENDMENT OF 1986 ‘‘(h) COST-OF-LIVING ADJUSTMENTS.— (c) EFFECTIVE DATE.—The amendments CODE. ‘‘(1) DEDUCTION AMOUNT.— made by this section shall apply to taxable (a) SHORT TITLE.—This Act may be cited as ‘‘(A) IN GENERAL.—In the case of any tax- years beginning after December 31, 1994. the ‘‘Savings and Investment Incentive Act able year beginning in a calendar year after of 1995’’. SEC. 104. CERTAIN COINS AND BULLION NOT 1995, the $2,000 amount under subsection TREATED AS COLLECTIBLES. (b) AMENDMENT OF 1986 CODE.—Except as (b)(1)(A) shall be increased by an amount (a) IN GENERAL.—Paragraph (3) of section otherwise expressly provided, whenever in equal to the product of $2,000 and the cost-of- this Act an amendment or repeal is ex- 408(m) (relating to exception for certain living adjustment for the calendar year. coin) is amended to read as follows: pressed in terms of an amendment to, or re- ‘‘(B) ROUNDING TO NEXT LOWEST $500.—If the ‘‘(3) EXCEPTION FOR CERTAIN COINS AND BUL- peal of, a section or other provision, the ref- amount to which $2,000 would be increased LION.—For purposes of this subsection, the erence shall be considered to be made to a under subparagraph (A) is not a multiple of term ‘collectible’ shall not include— section or other provision of the Internal $500, such amount shall be rounded to the ‘‘(A) any coin certified by a recognized Revenue Code of 1986. next lowest multiple of $500. grading service and traded on a nationally TITLE I—RETIREMENT SAVINGS ‘‘(2) RELATED AMOUNTS.—Each of the dollar recognized electronic network, or listed by a INCENTIVES amounts contained in subsection (c)(2) shall recognized wholesale reporting service, and— be increased at the same time, and by the Subtitle A—Restoration of IRA Deduction ‘‘(i) which is or was at any time legal ten- same amount, as the increase under para- SEC. 101. RESTORATION OF IRA DEDUCTION. der in the country of issuance, or graph (1). (a) PHASE-UP OF INCOME LIMITS.— ‘‘(ii) issued under the laws of any State, ‘‘(3) COST-OF-LIVING ADJUSTMENT.—For pur- (1) IN GENERAL.—Subparagraph (B) of sec- and poses of this subsection: tion 219(g)(3) (relating to applicable dollar ‘‘(B) any gold, silver, platinum, or palla- N GENERAL.—The cost-of-living ad- amount) is amended to read as follows: ‘‘(A) I justment for any calendar year is the per- dium bullion (whether fabricated in the form ‘‘(B) APPLICABLE DOLLAR AMOUNT.—The of a coin or otherwise) of a fineness equal to term ‘applicable dollar amount’ means the centage (if any) by which— ‘‘(i) the CPI for such calendar year, exceeds or exceeding the minimum fineness required following: for metals which may be delivered in satis- ‘‘(i) In the case of a taxpayer filing a joint ‘‘(ii) the CPI for 1994. FOR ANY CALENDAR YEAR.—The faction of a regulated futures contract sub- return: ‘‘(B) CPI CPI for any calendar year shall be deter- ject to regulation by the Commodity Futures ‘‘For taxable years be- The applicable dollar mined in the same manner as under section Trading Commission under the Commodity ginning in: amount is: Exchange Act, 1995 ...... $65,000 1(f)(4).’’. 1996 ...... $90,000 (b) CONFORMING AMENDMENTS.— if such coin or bullion is in the physical pos- 1997 ...... $115,000 (1) Section 408(a)(1) is amended by striking session of a trustee described under sub- 1998 ...... $140,000. ‘‘in excess of $2,000 on behalf of any individ- section (a) of this section.’’. ‘‘(ii) In the case of any other taxpayer ual’’ and inserting ‘‘on behalf of any individ- (b) EFFECTIVE DATE.—The amendment (other than a married individual filing a sep- ual in excess of the amount in effect for such made by this section shall apply to taxable arate return): taxable year under section 219(b)(1)(A)’’. years beginning after December 31, 1994. January 4, 1995 CONGRESSIONAL RECORD — SENATE S 167

SEC. 105. COORDINATION OF IRA DEDUCTION ‘‘(C) ORDERING RULE.— graphs (1)(B) and (2)(C), the amount allow- LIMIT WITH ELECTIVE DEFERRAL ‘‘(i) FIRST-IN, FIRST-OUT RULE.—Distribu- able as a deduction under section 219 shall be LIMIT. tions from an IRA Plus account shall be computed without regard to section 408A.’’ (a) IN GENERAL.—Section 219(b) (relating to treated as having been made— (d) CONFORMING AMENDMENT.—The table of maximum amount of deduction) is amended ‘‘(I) first from the earliest contribution sections for subpart A of part I of subchapter by adding at the end the following new para- (and earnings allocable thereto) remaining D of chapter 1 is amended by inserting after graph: in the account at the time of the distribu- the item relating to section 408 the following ‘‘(4) COORDINATION WITH ELECTIVE DEFERRAL tion, and new item: LIMIT.—The amount determined under para- ‘‘(II) then from other contributions (and graph (1) or subsection (c)(1) with respect to earnings allocable thereto) in the order in ‘‘Sec. 408A. IRA Plus accounts.’’. any individual for any taxable year shall not which made. (e) EFFECTIVE DATES.— exceed the excess (if any) of— ‘‘(ii) ALLOCATIONS BETWEEN CONTRIBUTIONS (1) IN GENERAL.—Except as provided in ‘‘(A) the maximum amount of elective de- AND EARNINGS.—Any portion of a distribution paragraph (2), the amendments made by this ferrals of the individual which are excludable allocated to a contribution (and earnings al- section shall apply to taxable years begin- from gross income for the taxable year under locable thereto) shall be treated as allocated ning after December 31, 1994. section 402(g)(1), over first to the earnings and then to the con- (2) QUALIFIED TRANSFERS IN 1994.—The ‘‘(B) the amount so excluded.’’. tribution. amendments made by this section shall (b) CONFORMING AMENDMENT.—Section ‘‘(iii) ALLOCATION OF EARNINGS.—Earnings apply to any qualified transfer during any 219(c), as amended by section 104, is amended shall be allocated to a contribution in such taxable year beginning in 1994. by adding at the end the following new para- manner as the Secretary may by regulations graph: prescribe. TITLE II—PENALTY-FREE DISTRIBUTIONS ‘‘(3) CROSS REFERENCE.— ‘‘(iv) CONTRIBUTIONS IN SAME YEAR.—Except SEC. 201. DISTRIBUTIONS FROM CERTAIN PLANS ‘‘For reduction in paragraph (1) amount, as provided in regulations, all contributions MAY BE USED WITHOUT PENALTY TO see subsection (b)(4).’’. made during the same taxable year may be PURCHASE FIRST HOMES OR TO PAY treated as 1 contribution for purposes of this HIGHER EDUCATION OR FINAN- (c) EFFECTIVE DATE.—The amendments subparagraph. CIALLY DEVASTATING MEDICAL EX- made by this section shall apply to taxable PENSES. years beginning after December 31, 1994. ‘‘(3) ROLLOVERS.— ‘‘(A) IN GENERAL.—Paragraph (2) shall not (a) IN GENERAL.—Paragraph (2) of section Subtitle B—Nondeductible Tax-Free IRAs apply to any distribution which is trans- 72(t) (relating to exceptions to 10-percent ad- SEC. 111. ESTABLISHMENT OF NONDEDUCTIBLE ferred in a qualified transfer to another IRA ditional tax on early distributions from TAX-FREE INDIVIDUAL RETIREMENT Plus account. qualified retirement plans) is amended by ACCOUNTS. ‘‘(B) CONTRIBUTION PERIOD.—For purposes adding at the end the following new subpara- (a) IN GENERAL.—Subpart A of part I of of paragraph (2), the IRA Plus account to graph: subchapter D of chapter 1 (relating to pen- which any contributions are transferred ‘‘(D) DISTRIBUTIONS FROM CERTAIN PLANS sion, profit-sharing, stock bonus plans, etc.) from another IRA Plus account shall be FOR FIRST HOME PURCHASES OR EDUCATIONAL is amended by inserting after section 408 the treated as having held such contributions EXPENSES.—Distributions to an individual following new section: during any period such contributions were from an individual retirement plan, or from ‘‘SEC. 408A. IRA PLUS ACCOUNTS. held (or are treated as held under this sub- amounts attributable to employer contribu- ‘‘(a) GENERAL RULE.—Except as provided in paragraph) by the account from which trans- tions made pursuant to elective deferrals de- this section, an IRA Plus account shall be ferred. scribed in subparagraph (A) or (C) of section treated for purposes of this title in the same ‘‘(4) SPECIAL RULES RELATING TO CERTAIN 402(g)(3) or section 501(c)(18)(D)(iii)— manner as an individual retirement plan. TRANSFERS.— ‘‘(i) which are qualified first-time home- ‘‘(b) IRA PLUS ACCOUNT.—For purposes of ‘‘(A) IN GENERAL.—Notwithstanding any buyer distributions (as defined in paragraph this title, the term ‘IRA Plus account’ other provision of law, in the case of a quali- (6)), or means an individual retirement plan which fied transfer to an IRA Plus account from an ‘‘(ii) to the extent such distributions do is designated at the time of establishment of individual retirement plan which is not an not exceed the qualified higher education ex- the plan as an IRA Plus account. IRS Plus account— penses (as defined in paragraph (7)) of the ‘‘(c) TREATMENT OF CONTRIBUTIONS.— ‘‘(i) there shall be included in gross income taxpayer for the taxable year.’’. ‘‘(1) NO DEDUCTION ALLOWED.—No deduction any amount which, but for the qualified (b) FINANCIALLY DEVASTATING MEDICAL EX- shall be allowed under section 219 for a con- transfer, would be includible in gross in- PENSES.— tribution to an IRA Plus account. come, but (1) IN GENERAL.—Section 72(t)(3)(A) is ‘‘(2) CONTRIBUTION LIMIT.—The aggregate ‘‘(ii) section 72(t) shall not apply to such amended by striking ‘‘(B),’’. amount of contributions for any taxable year amount. (2) CERTAIN LINEAL DESCENDANTS AND AN- to all IRA Plus accounts maintained for the ‘‘(B) TIME FOR INCLUSION.—In the case of CESTORS TREATED AS DEPENDENTS.—Subpara- benefit of an individual shall not exceed the any qualified transfer which occurs before graph (B) of section 72(t)(2) is amended by excess (if any) of— January 1, 1997, any amount includible in striking ‘‘medical care’’ and all that follows ‘‘(A) the maximum amount allowable as a gross income under subparagraph (A) with and inserting ‘‘medical care determined— deduction under section 219 with respect to respect to such contribution shall be includ- ‘‘(i) without regard to whether the em- such individual for such taxable year (com- ible ratably over the 4-taxable year period ployee itemizes deductions for such taxable puted without regard to subsections (b)(4) beginning in the taxable year in which the year, and and (g) of such section), over amount was paid or distributed out of the in- ‘‘(ii) by treating such employee’s depend- ‘‘(B) the amount so allowed. dividual retirement plan. ents as including— ‘‘(3) ROLLOVER CONTRIBUTIONS.— ‘‘(e) QUALIFIED TRANSFER.—For purposes of ‘‘(I) all children and grandchildren of the ‘‘(A) IN GENERAL.—No rollover contribution this section, the term ‘qualified transfer’ employee or such employee’s spouse, and may be made to an IRA Plus account unless means a transfer to an IRA Plus account ‘‘(II) all ancestors of the employee or such it is a qualified transfer. from another such account or from an indi- employee’s spouse.’’. ‘‘(B) COORDINATION WITH LIMIT.—A rollover vidual retirement plan but only if such (3) CONFORMING AMENDMENT.—Subpara- contribution shall not be taken into account transfer meets the requirements of section graph (B) of section 72(t)(2) is amended by for purposes of paragraph (2). 408(d)(3).’’. striking ‘‘or (C)’’ and inserting ‘‘, (C) or (D)’’. ‘‘(d) TAX TREATMENT OF DISTRIBUTIONS.— (b) EARLY WITHDRAWAL PENALTY.—Section (c) DEFINITIONS.—Section 72(t) is amended ‘‘(1) IN GENERAL.—Except as provided in 72(t), as amended by section 201(c), is amend- by adding at the end the following new para- this subsection, any amount paid or distrib- ed by adding at the end the following new graphs: uted out of an IRA Plus account shall not be paragraph: ‘‘(6) QUALIFIED FIRST-TIME HOMEBUYER DIS- included in the gross income of the distribu- ‘‘(8) RULES RELATING TO IRA PLUS AC- TRIBUTIONS.—For purposes of paragraph tee. COUNTS.—In the case of an IRA Plus account (2)(D)(i): ‘‘(2) EXCEPTION FOR EARNINGS ON CONTRIBU- under section 408A— ‘‘(A) IN GENERAL.—The term ‘qualified TIONS HELD LESS THAN 5 YEARS.— ‘‘(A) this subsection shall only apply to first-time homebuyer distribution’ means ‘‘(A) IN GENERAL.—Any amount distributed distributions out of such account which con- any payment or distribution received by an out of an IRA Plus account which consists of sist of earnings allocable to contributions individual to the extent such payment or dis- earnings allocable to contributions made to made to the account during the 5-year period tribution is used by the individual before the the account during the 5-year period ending ending on the day before such distribution, close of the 60th day after the day on which on the day before such distribution shall be and such payment or distribution is received to included in the gross income of the distribu- ‘‘(B) paragraph (2)(A)(i) shall not apply to pay qualified acquisition costs with respect tee for the taxable year in which the dis- any distribution described in subparagraph to a principal residence of a first-time home- tribution occurs. (A).’’. buyer who is such individual, the spouse of ‘‘(B) CROSS REFERENCE.— (c) EXCESS CONTRIBUTIONS.—Section 4973(b) such individual, or any child, grandchild, or ‘‘For additional tax for early withdrawal, is amended by adding at the end the follow- ancestor of such individual or the individ- see section 72(t). ing new sentence: ‘‘For purposes of para- ual’s spouse. S 168 CONGRESSIONAL RECORD — SENATE January 4, 1995

‘‘(B) QUALIFIED ACQUISITION COSTS.—For To the extent provided in regulations, a self- (c) QUALIFIED ASSET ACCOUNTS.—Section purposes of this paragraph, the term ‘quali- employed individual shall be treated as 406 of such Act (42 U.S.C. 606) is amended by fied acquisition costs’ means the costs of ac- meeting the requirements of clause (i) if, adding at the end the following: quiring, constructing, or reconstructing a under Federal or State law, the individual ‘‘(i)(1) The term ‘qualified asset account’ residence. Such term includes any usual or would have received unemployment com- means a mechanism approved by the State reasonable settlement, financing, or other pensation but for the fact the individual was (such as individual retirement accounts, es- closing costs. self-employed.’’. crow accounts, or savings bonds) that allows ‘‘(C) FIRST-TIME HOMEBUYER; OTHER DEFINI- (e) CONFORMING AMENDMENTS.— savings of a family receiving aid to families TIONS.—For purposes of this paragraph: (1) Section 401(k)(2)(B)(i) is amended by with dependent children to be used for quali- ‘‘(i) FIRST-TIME HOMEBUYER.—The term striking ‘‘or’’ at the end of subclause (III), by fied distributions. ‘first-time homebuyer’ means any individual striking ‘‘and’’ at the end of subclause (IV) ‘‘(2) The term ‘qualified distributions’ if— and inserting ‘‘or’’, and by inserting after means distributions for expenses directly re- ‘‘(I) such individual (and if married, such subclause (IV) the following new subclause: lated to one or more of the following pur- individual’s spouse) had no present owner- ‘‘(V) the date on which qualified first-time poses: ship interest in a principal residence during homebuyer distributions (as defined in sec- ‘‘(A) The attendance of a member of the the 2-year period ending on the date of acqui- tion 72(t)(6)) or distributions for qualified family at any education or training program. sition of the principal residence to which higher education expenses (as defined in sec- ‘‘(B) The improvement of the employ- this paragraph applies, and tion 72(t)(7)) are made, and’’. ability (including self-employment) of a ‘‘(II) subsection (a)(6), (h), or (k) of section (2) Section 403(b)(11) is amended by strik- member of the family (such as through the 1034 did not suspend the running of any pe- ing ‘‘or’’ at the end of subparagraph (A), by purchase of an automobile). riod of time specified in section 1034 with re- striking the period at the end of subpara- ‘‘(C) The purchase of a home for the fam- spect to such individual on the day before graph (B) and inserting ‘‘, or’’, and by insert- ily. ing after subparagraph (B) the following new the date the distribution is applied pursuant ‘‘(D) A change of the family residence.’’. subparagraph: to subparagraph (A)(ii). (d) STUDY OF USE OF QUALIFIED ASSET AC- ‘‘(C) for qualified first-time homebuyer dis- ‘‘(ii) PRINCIPAL RESIDENCE.—The term COUNTS; REPORT.—The Secretary of Health tributions (as defined in section 72(t)(6)) or ‘principal residence’ has the same meaning and Human Services shall conduct a study of for the payment of qualified higher edu- as when used in section 1034. the use of qualified asset accounts estab- cation expenses (as defined in section ‘‘(iii) DATE OF ACQUISITION.—The term ‘date lished pursuant to the amendments made by 72(t)(7)).’’. of acquisition’ means the date— this section, and shall report on such study (f) EFFECTIVE DATE.—The amendments ‘‘(I) on which a binding contract to acquire and any recommendations for modifications made by this section shall apply to payments the principal residence to which subpara- of such amendments to the Committee on Fi- and distributions after the date of the enact- nance of the Senate and the Committee on graph (A) applies is entered into, or ment of this Act. ‘‘(II) on which construction or reconstruc- Ways and Means of the House of Representa- tion of such a principal residence is com- TITLE III—AID TO FAMILIES WITH tives not later than January 1, 1998. menced. DEPENDENT CHILDREN (e) REPORT ON AFDC ASSET LIMIT ON AUTO- ‘‘(D) SPECIAL RULE WHERE DELAY IN ACQUISI- SEC. 301. DISREGARD OF INCOME AND RE- MOBILES.—Within 3 months after the date of SOURCES DESIGNATED FOR EDU- TION.—If any distribution from any individ- the enactment of this section, the Secretary CATION, TRAINING, AND EMPLOY- of Health and Human Services shall submit ual retirement plan fails to meet the re- ABILITY. quirements of subparagraph (A) solely by to the Congress a report on— (a) DISREGARD AS RESOURCE.—Section reason of a delay or cancellation of the pur- (1) the need to revise the limitation, estab- 402(a)(7)(B) of the Social Security Act (42 lished in regulations pursuant to section chase or construction of the residence, the U.S.C. 602(a)(7)(B)) is amended— 402(a)(7)(B)(i) of the Social Security Act, on amount of the distribution may be contrib- (1) by striking ‘‘or’’ before ‘‘(iv)’’, and the value of a family automobile required to uted to an individual retirement plan as pro- (2) by inserting ‘‘, or (v) at the option of be disregarded by a State in determining the vided in section 408(d)(3)(A)(i) (determined by the State, in the case of a family receiving eligibility of the family for aid to families substituting ‘120 days’ for ‘60 days’ in such aid under the State plan (and a family not with dependent children under the State section), except that— receiving such aid but which received such plan approved under part A of title IV of ‘‘(i) section 408(d)(3)(B) shall not be applied aid in at least 1 of the preceding 4 months or such Act, and to such contribution, and became ineligible for such aid during the (2) the extent to which such a revision ‘‘(ii) such amount shall not be taken into preceding 12 months because of excessive would increase the employability of recipi- account in determining whether section earnings), any amount not to exceed $8,000 in 408(d)(3)(A)(i) applies to any other amount. a qualified asset account (as defined in sec- ents of such aid. ‘‘(7) QUALIFIED HIGHER EDUCATION EX- tion 406(i)) of such family’’ before ‘‘; and’’. (f) EFFECTIVE DATE.—The amendments made by this section shall take effect on Oc- PENSES.—For purposes of paragraph (b) DISREGARD AS INCOME.— tober 1, 1995, with respect to accounts ap- (2)(D)(ii): (1) IN GENERAL.—Section 402(a)(8)(A) of ‘‘(A) IN GENERAL.—The term ‘qualified such Act (42 U.S.C. 602(a)(8)(A)) is amended— proved on or after such date and before Octo- higher education expenses’ means tuition, (A) by striking ‘‘and’’ at the end of clause ber 1, 1998. fees, books, supplies, and equipment required (vii), and for the enrollment or attendance of— (B) by inserting after clause (viii) the fol- THE CASE FOR INDIVIDUAL RETIREMENT ‘‘(i) the taxpayer, lowing new clause: ACCOUNTS: ‘‘(ii) the taxpayer’s spouse, or ‘‘(ix) shall disregard any interest or income ‘‘(iii) any child (as defined in section earned on a qualified asset account (as de- THE NEED FOR SAVINGS 151(c)(3)), grandchild, or ancestor of the tax- fined in section 406(i)); and’’. There is a growing consensus in Congress payer or the taxpayer’s spouse, (2) NONRECURRING LUMP SUM EXEMPT FROM that demonstrates Members agree Americans at an eligible educational institution (as de- LUMP SUM RULE.—Section 402(a)(17) of such must save their money and become self-reli- fined in section 135(c)(3)). Act (42 U.S.C. 602(a)(17)) is amended by add- ant. The lack of savings in this country has ‘‘(B) COORDINATION WITH SAVINGS BOND PRO- ing at the end the following: ‘‘; and that this reached crisis proportions—THERE IS A VISIONS.—The amount of qualified higher paragraph shall not apply to earned or un- SAVINGS CRISIS! The personal saving rate education expenses for any taxable year earned income received in a month on a non- in America has decreased steadily over the shall be reduced by any amount excludable recurring basis to the extent that such in- past 25 years, falling from 8 percent in the from gross income under section 135.’’. come is placed in a qualified asset account 1960’s and 70’s, to less than 4 percent today. (d) PENALTY-FREE DISTRIBUTIONS FOR CER- (as defined in section 406(i)) the total amount According to the Congressional Budget Of- TAIN UNEMPLOYED INDIVIDUALS.—Paragraph in which, after such placement, does not ex- fice, the national saving rate was only 1.7 (2) of section 72(t) is amended by adding at ceed $8,000;’’. percent in 1993, down from 3 percent from the end the following new subparagraph: (3) TREATMENT AS INCOME.—Section 1981 to 1993. The Chairman of the Federal Re- ‘‘(E) DISTRIBUTIONS TO UNEMPLOYED INDI- 402(a)(7) of such Act (42 U.S.C. 602(a)(7)) is serve, Alan Greenspan, has said that the sin- VIDUALS.—A distribution from an individual amended— gle most important long-term economic retirement plan to an individual after sepa- (A) by striking ‘‘and’’ at the end of sub- issue for this country is that of national sav- ration from employment, if— paragraph (B), ings. There is a growing consensus that it is ‘‘(i) such individual has received unem- (B) by striking the semicolon at the end of the responsibility of Congress to help Ameri- ployment compensation for 12 consecutive subparagraph (C) and inserting ‘‘; and’’, and cans save, to empower our families toward weeks under any Federal or State unemploy- (C) by adding at the end the following new self-reliance. And I strongly believe that re- ment compensation law by reason of such subparagraph: moving the savings penalties in the tax code separation, and ‘‘(D) shall treat as income any distribu- is the best way to increase this nation’s sav- ‘‘(ii) such distributions are made during tions from a qualified asset account (as de- ings rate and self-reliance. any taxable year during which such unem- fined in section 406(i)(1)) which do not meet We all know the statistics: the British and ployment compensation is paid or the suc- the definition of a qualified distribution Germans save twice as much, while the Japa- ceeding taxable year. under section 406(i)(2);’’. nese and French save at a rate more than January 4, 1995 CONGRESSIONAL RECORD — SENATE S 169 three times that of Americans, largely—I be- standards, as well as economic insecurity. the age of 45 have median net financial as- lieve—because of their tax incentives. Con- The time to act is now! sets of just $700. Even those on the verge of sequently, Japan has the highest personal INCREASING U.S. COMPETITIVENESS retirement, aged 55 to 64, have median finan- saving rate among advanced nations, and I mentioned earlier that this new IRA of- cial assets of only $6,880. Overall, the median ample funds needed to finance capital invest- fers a renewed opportunity to increase Amer- level of net financial assets for all U.S. fami- ment in the best and most productive equip- ica’s competitiveness in the emerging global lies amounts to only about $1,000. ment. Thus Japanese business and workers economy. It’s an opportunity born by the A detailed study by two Princeton Econo- have the most advanced tools available in fact that savings equal investment, invest- mists, and released by Merrill Lynch, shows the global marketplace. Meanwhile, the U.S. ment equals jobs, and jobs equal a strong, vi- that members of the Baby Boom generation government levies a heavy tax burden on brant economy. It has been estimated that are saving at just one-third the rate needed saving and capital. Though the American after the first year this legislation is en- to provide them with a secure retirement at economy has many strengths, our tax policy acted, IRA deposits will increase by as much age 65. The Baby Boom Index was determined hampers our ability to compete with the ad- as $40 billion. This represents long-awaited to be 35.9 percent. This index measures the vantages offered by Japan. Our punitive capital that the U.S. needs for investment, rate at which the oldest Baby Boomers, antisavings and anti-investment tax code is manufacturing, education, infrastructure those born between 1946 and 1956, are accu- crippling our competitiveness at a turning and other important goals. With a Japanese mulating the savings they will need to retire point in economic history. We must remem- savings rate of about three times the U.S. at age 65, and maintain a standard of living ber that we cannot tax ourselves into pros- rate, and a cost of capital of about one- consistent with pre-retirement years. This perity. By suppressing saving and capital in- fourth that of the U.S., it is no wonder that study makes it absolutely clear that unless vestment now, we are crippling our economy we are lagging behind in the international the 76 million Baby Boomers begin to save for the challenges of the further. race to compete in the world. and invest at a far higher rate in the next Increase savings will produce more high Added savings of $40 billion and more from few years, they will face an insecure retire- paying jobs, increase productivity, stimulate increasing annual IRA deposits is likely to ment, that could last as long as the time economic growth and help enable us to com- be the best solution. And don’t forget the they spent in the work force. This genera- pete with our competitors abroad. benefit to the already weakened financial in- tion of Baby boomers will begin to retire in frastructure in this country. The estimated just 18 short years! President Clinton, a Baby ENCOURAGING SAVINGS additional deposits in U.S. banks in the first Boomer himself, should be acutely aware of One of the most important questions is year alone from this legislation would be this problem, and I am pleased that he has how to encourage Americans to save more. about $16 billion—money needed to provide adopted our legislation as part of his budget That is why we have crafted this bill to bring productive loans and investment in this proposal this year. new savers into the act. We must recognize country for years to come. I believe the IRA The fact is, this study understates the se- that there are other important reasons for will go a long way toward helping our finan- verity of the Baby Boom savings shortfall! Americans to save long-term, besides the cial institutions provide the loans to busi- First, it assumes that all of a household’s fi- pressing economic needs of our country and ness that they must. nancial assets will be available to help pay the need for retirement. For example, our Perhaps with the added savings from IRAs for retirement, but in reality, these funds young people today have an almost impos- we can further our own investment in the will be used for other things, like a child’s sible time scraping together a down-payment U.S. rather than U.S. investments by others. education or a parent’s health care. Sec- for their first home. Our families find it In fact, in recent years, over half of net do- ondly, Baby Boomers are expected to live more and more difficult to save for their mestic investment has been financed by cap- longer in retirement than earlier generations children college education. And, our older ital from abroad. While this foreign saving and, therefore, will need more savings at the Americans worry about their security as re- has contributed to U.S. economic growth outset. tirement approaches. over the years, we are beginning to see why SUMMARY Consequently, the best answer to meet our continued reliance on these inflows is not a viable policy. Over long periods, for ad- So there are really two primary reasons to savings needs is to allow Americans to save increase our country’s national savings rate. for what they need most. And that is the ap- vanced countries, the rate of domestic in- vestment tracks closely the supply of domes- First, it will allow the American Family to proach that we have taken in drafting this provide for themselves through their own re- legislation. This legislation allows savers tic saving. Ultimately, the U.S. must move from a position of current account deficit to sources, and second, it will allow our chil- the chance to use the IRA to help them pay dren and our children’s children to become for a college education, buy their first home, surplus and capital outflow, as foreigners re- ceive the returns on their investment in the more productive because of badly needed new pay for financially devastating health costs capital. The national crisis we face because or cover family costs during an extraor- U.S. If that is to happen without a relative reduction in U.S. living standards, U.S. pro- of a decade of low savings rates will only dinary period of unemployment. By allowing grow worse if we fail to act—particularly as Americans the ability to withdrew IRA sav- ductive capacity must be increased and so must U.S. savings. foreign investors begin to withdraw their ings—savings once reserved for retirement funds for their own country’s needs and as THE MOST IMPORTANT REASON TO SAVE only—for these four additional purposes, our ever-increasing aging population contin- without a penalty for early withdrawal, we It’s clear to see why this is a bill whose ues. We must agree that increasing our sav- have greatly enhanced the flexibility of the time has come, however ... the most impor- ing rate will lower interest rates, cut the IRA and strongly encouraged Americans to tant reason to pass it is to meet the needs of cost of capital, reduce our reliance on for- put more savings away. One of the primary the most basic unit of our society. It’s time eign investment and improve our standard of benefits of this new withdrawal feature is we get back to the family. Only by allowing living. Most importantly, now is the time to that parents and grandparents would be al- American families the opportunity—and act, before it is too late. lowed to draw down their IRA without pen- even the right—to strengthen themselves DESCRIPTION OF PROVISIONS alty to pay their children’s college edu- can we expect society to be strengthened as cation, or contribute toward their children’s a whole. We’ve tried to work around this ele- MAKE DEDUCTIBLE IRAS AVAILABLE TO ALL first home. Increased savings is essential in mentary truth for years now—some thinking AMERICANS order to allow Americans to take greater that government programs can replace the Under the bill, all Americans would be eli- control of their own economic future. basic family unit. Well, we’ve come full cir- gible for fully deductible IRAs. Current law This is what ‘‘personal responsibility’’ is cle—back to the understanding that it was only allows those taxpayers who are not cov- all about. The individual should provide for family and community values that built a ered by any other pension arrangement, and his or her family, and should not rely on the strong America. The aging of our citizens those income does not exceed $40,000 ($25,000 limited hand of government for their sup- brings an ever-increasing urgency to the singles) to be eligible for a fully deductible port. This government can not continue the need to encourage national savings. As the IRA. These income limits would be gradually course it is on by creating more and more baby-boom bulge grows older and reaches re- lifted over time. programs to pay for every need, but it can tirement, the family cost of long-term care The $2,000 contribution limit will be in- afford to encourage individuals to provide and other health costs as well as leisure ac- dexed for inflation in $500 increments in the for themselves. tivities during retirement will grow dramati- year in which the indexed amount exceeds As 76 million baby boomers move toward cally. At the same time the size of the work- the next $500 increase. middle-age, it is essential that they purchase ing population will be declining. Our chil- No longer will a spouse be ‘‘deemed’’ to their own homes, be prepared to pay for their dren cannot continue to pay the cost of our have a pension plan because their husband or children’s college costs, as well provide for retirement—the answer is to begin planning wife has one. If the individual does not have their own retirement. A recent study has now. Recent statistics show that the average a pension plan at work, regardless of their shown that baby boomers are savings only American family is ill-prepared for retire- income level, they will qualify for an IRA to one-third the amount that they need for re- ment. A new analysis on the financial wealth the extent of their ‘‘earned income.’’ tirement. Another study has shown that of American families finds that half of Amer- The bill would allow all spouses who work American families headed by individuals age ican families currently have below $1,000 in at home—husbands or wives—to have an 45 to 54 have median financial assets of only net financial assets. In fact, the study found equal stake by having their own IRA on an $2,600. This is a course for declining living that families headed by individuals under equivalent basis. Thus, work at home S 170 CONGRESSIONAL RECORD — SENATE January 4, 1995 spouses would be allowed to contribute up to cies for information about the cost of under existing State and/or local law or $2,000 to their own IRA, thus increasing the Federal mandates on State and local practice. current $250 limit to the same level as other governments. The costs of Federal Senate reports already require a CBO workers. mandates was a significant issue when analysis of the proposed reported bill’s NEW KIND OF IRA OPTION I served in State and local government impact on the Federal budget. In addi- Taxpayers will be offered a new choice of in Illinois. State and local officials be- tion, committee reports are required to IRA. Under this new ‘‘IRA Plus’’ Account, contributions will not be deductible, but if lieve their budgets are unduly pres- contain information on the regulatory the assets remain in the account for at least sured because the Federal Government impact of proposed reported bills on 5 years, all income will be tax free when it is has pushed additional requirements on businesses and individuals. This legis- withdrawn. A 10 percent penalty will apply State and local governments, without lation fills in the remaining major to early withdrawals, unless they meet one the funding necessary to cover the ad- gap—the impact of the legislation on of the four exceptions below. ditional costs. State and local governments. Taxpayers can contribute up to $2,000 to ei- To my surprise, most of the Federal I am well aware, Mr. President, of ther a traditional IRA, or the new IRA. They the budget pressures that have encour- can also allocate any portion of the $2,000 establishment appeared to be totally limit to the different accounts (e.g. $1,000 to unaware of the impact that Federal aged the Federal Government to add a traditional IRA and $1,000 to the new IRA). mandates have on State and local gov- mandates on State and local govern- PENALTY-FREE IRA WITHDRAWALS FOR ernments. There was almost a total ab- ments, and I am not suggesting that IMPORTANT PURPOSES sence of information on the mandates every mandate is inappropriate. I do The 10 percent penalty on early withdraw- issues, and much of the government did believe, however, that the Senate als (those before age 591⁄2 or 5 years for the not even known what a mandate was. should know what it is doing, that it new IRA) will be waived if the funds are used The first bill I introduced in the Sen- should know the impact a proposed bill to buy a first home, to pay educational ex- ate in 1993 was designed to help ensure has on State and local governments, so penses, to cover catastrophic health care that this important issue was ad- that Senators can cast informed votes. costs or during periods of unemployment I think my colleagues will agree that after collecting 12 weeks or more of unem- dressed. I am reintroducing this legis- ployment compensation. Taxpayers will still lation today. the Senate should have information on be liable for the income tax due on the with- My bill was the first piece of legisla- the impact Federal mandates have on drawal, but no penalty will apply. tion introduced in the 103d Congress to State and local governments, and that Parents and grandparents can make pen- address the issue of unfunded man- the time to have that information is alty-free withdrawals for college or home ex- before the Senate votes on bills on the penses of a child or grandchild. Children and dates. It tried to ensure that Federal officials would be informed of the cost floor. I urge the Senate to promptly grandchildren can make penalty-free with- enact this simple but necessary piece drawals for health costs in excess of 71⁄2 per- impact, in addition to the benefit, of cent of the income of their parents and any mandates they vote to enact. I am of legislation. grandparents. An individual wanting to go also cosponsoring S. 1 because it incor- Mr. President, I ask unanimous con- back to school after being in the workforce porates this component of my bill, and sent that a copy of the bill be included could use the IRA to save for anticipated I will work for its passage. in the RECORD. education or retraining expenses. The with- Mr. President, this legislation does There being no objection, the bill was drawal rules apply across generations and ordered to be printed in the RECORD, as between spouses. not prohibit the Federal Government for issuing new mandates, nor does it follows: PENALTY-FREE 401(K) AND 403(B) WITHDRAWALS Be it enacted by the Senate and House of Rep- Similar penalty-free withdrawal rules will repeal any existing Federal mandates. resentatives of the United States of America in apply to 401(k) and 403(b) employer sponsored Instead, it simply requires that the Congress assembled, Senate have information on any man- plans for purposes of buying a first home, SECTION 1. AMENDMENT TO THE CONGRES- education or unemployment costs. Penalty- dates in proposed legislation before it SIONAL BUDGET ACT OF 1974. free withdrawals are already allowed for when the legislation is considered by Section 202 of the Congressional Budget medical expenses for these plans. the full Senate. Act of 1974 is amended by adding at the end Section 401(k) and 403(b) plans are em- The legislation adds a section to thereof the following: ployer-provided retirement plans allowing committee reports on proposed bills. ‘‘(i) FEDERAL MANDATES.— employees to make pre-tax contributions out This new section, which would be pre- ‘‘(1) The Director shall analyze each bill or of their paychecks. Currently, once an em- joint resolution reported in the Senate or ployee makes a contribution to a 401(k) or pared by the Congressional Budget Of- the House of Representatives to determine— 403(b) plan, withdrawals are generally sub- fice, would include information on: No. ‘‘(A) the cost to State and local govern- ject to a 10 percent penalty tax like that ap- 1, the cost to State and local govern- ments of complying with any Federal man- plied to early withdrawals from IRAs. ments of complying with any Federal dates in the reported bill or joint resolution; CONVERSION OF IRAS INTO IRA PLUS ACCOUNTS mandates in the reported bill, and No. and Taxpayers will be allowed to ‘‘convert’’ 2, the extent to which Federal funds, ‘‘(B) the extent to which Federal funds, ei- their old IRA savings into IRA Plus Ac- either contained in the bill or other- ther in the bill or joint resolution, or other- counts without penalty. They must, how- wise, cover the costs of complying with wise, cover the costs of complying with the mandates. ever, pay the ordinary income tax due on the mandates. previously deducted contributions, as well as ‘‘(2) The Director shall annually determine any earnings transferred. If the conversion is In addition, the legislation requires the cumulative costs of complying with Fed- made before 1997, the taxpayer can spread the Congressional Budget Office to eral mandates in all bills or joint resolutions the tax payments out over a 4-year period. issue an annual report on the cumu- enacted in the preceding year and the extent lative costs of complying with Federal to which Federal funds cover the costs of By Ms. MOSELEY-BRAUN: mandates in all enacted bills, together complying with such mandates. S. 13. A bill to require a Congres- with an analysis of the extent to which ‘‘(3) For purposes of this subsection, the sional Budget Office analysis of each Federal funds cover the costs of com- term ‘Federal mandate’ means a provision bill or joint resolution reported in the that— plying with the mandates. ‘‘(A) requires creation or expansion of a Senate or House of Represenatives to For purposes of the CBO analysis, a State or local service or activity; determine the impact of any Federal Federal mandate is a provision in a re- ‘‘(B) requires standards different from mandates in the bill or joint resolu- ported or enacted bill that: requires State or local law or practice in delivering a tion; to the Committee on the Budget the creation or expansion of a State service or in conducting an activity; and the committee on Governmental and/or local service or activity; re- ‘‘(C) creates additional personnel or other Affairs, jointly, pursuant to the order quires standards different from exist- administrative costs for State and local gov- of August 4, 1977, that if one committee ing State and/or local law or practice ernments; or reports, the other committee has 30 ‘‘(D) requires contracting procedures dif- in delivering a service or in conducting ferent from or in addition to those required days to report or be discharged. an activity; creates additional person- under State or local law or practice.’’. MANDATES COST DISCLOSURE LEGISLATION nel or other administrative costs for SEC. 2. REPORT REQUIRED FOR SENATE CONSID- ∑ Ms. MOSELEY-BRAUN. Mr. Presi- State and/or local governments; or re- ERATION. dent, 2 years ago, when I came to the quires contracting procedures different Paragraph 11 of rule XXVI of the Standing Senate, I started asking Federal agen- from or in addition to those required Rules of the Senate is amended— January 4, 1995 CONGRESSIONAL RECORD — SENATE S 171 (1) in subparagraph (c) by striking ‘‘(a) and (3) by inserting after subparagraph (b) the fice of any Federal mandates in the bill or (b)’’ and inserting ‘‘(a), (b), and (c)’’; following: joint resolution as required by section 202(i) (2) by redesignating subparagraph (c) as ‘‘(c) Each such report shall also contain an of the Congressional Budget Act of 1974.’’.∑ subparagraph (d); and evaluation by the Congressional Budget Of-

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record. Wednesday, January 4, 1995 Daily Digest

HIGHLIGHTS First session of the One Hundred Fourth Congress convened. House passed congressional accountability measure. Senate sembled and that the Senate is ready to proceed to Chamber Action business. Page S6 Routine Proceedings, pages S1–S171 Hour of Daily Meeting: Senate agreed to S. Res. Measures Introduced: One hundred forty-nine bills 3, fixing the hour of daily meeting of the Senate at and thirty-eight resolutions were introduced, as fol- 12 o’clock meridian, unless otherwise provided. lows: S. 1–149, S.J. Res. 1–12, S. Res. 1–25, and Page S6 S. Con. Res. 1. Pages S47±52 Electing President pro tempore: Senate agreed to Reports of a Committee: Pursuant to the order of S. Res. 4, electing the Honorable Strom Thurmond, the Senate of December 1, 1994, the following re- of South Carolina, as President pro tempore of the ports were filed: Senate. Page S6 Report on the Inquiry into the U.S. Park Police Investigation of the Death of White House Deputy Notifying President of the Election of President Counsel Vincent W. Foster, Jr. (S. Rept. No. pro tempore: Senate agreed to S. Res. 5, notifying 103–433, Vol. I) the President of the United States of the election of Report on the Communications Between Officials Senator Thurmond as President pro tempore of the of the White House and the U.S. Department of the Senate. Page S6 Treasury on the Resolution Trust Corporation. (S. Election of Secretary of the Senate: Senate agreed Rept. No. 103–433, Vol. II) Page S47 to S. Res. 6, electing Sheila Burke as Secretary of the Administration of Oath of Office: The Senators- Senate. Page S6 elect were administered the oath of office by the Election of Sergeant at Arms and Doorkeeper of Vice President. Pages S4±5 the Senate: Senate agreed to S. Res. 7, electing Measures Passed: Howard O. Green, Jr., as the Sergeant at Arms and Doorkeeper of the Senate. Page S6 Notification to the President: Senate agreed to S. Res. 1, providing that a committee consisting of two Election of Secretary for the Majority: Senate Senators be appointed by the Vice President to join agreed to S. Res. 8, electing Elizabeth B. Greene as such committee as may be appointed by the House the Secretary for the Majority. Page S6 of Representatives to inform the President of the Notification to the President: Semate agreed to S. United States that a quorum of each House is assem- Res. 9, notifying the President of the United States bled. Subsequently, Senators Dole and Daschle were of the election of a Secretary of the Senate. appointed by the Vice President. Page S6 Pages S6±7 Notification to the House of Representatives: Election of Secretary for the Minority: Senate Senate agreed to S. Res. 2, informing the House of agreed to S. Res. 10, electing C. Abbott Saffold as Representatives that a quorum of the Senate is as- the Secretary for the Minority. Page S7

D 1 D 2 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995 Notification to the House: Senate agreed to S. Senate will continue consideration of the resolu- Res. 11, notifying the House of Representatives of tion on Thursday, January 5. the election of Senator Thurmond as President pro Measure Indefinitely Postponed: tempore of the Senate. Page S7 Committee Funding: Senate indefinitely post- Notification to the House: Senate agreed to S. poned further consideration of S. Res. 19, to express Res. 12, notifying the House of Representatives of the sense of the Senate that the Committee on Rules the election of a Secretary of the Senate. Page S7 and Administration when it reports the committee Amending Senate Rules: Senate agreed to S. Res. funding resolution for 1995–96 it should reduce 13, amending Rule XXV of the Standing Rules of funding for committees by 15% from the level pro- the Senate. Pages S7±8 vided for 1993–94. Pages S10, S45 Majority Committee Appointments: Senate Unanimous-Consent Agreements: agreed to S. Res. 15, making majority party appoint- Select Committee on Ethics: Senate agreed that, ments to certain Senate committees for the 104th for the duration of the 104th Congress, the Select Congress. Page S8 Committee on Ethics be authorized to meet during Minority Committee Appointments: Senate the session of the Senate. Page S9 agreed to S. Res. 16, making minority party ap- Time for Rollcall Votes: Senate agreed that, for pointments to Senate committees under paragraph 2 the duration of the 104th Congress, there be a limi- of Rule XXV for the One Hundred and Fourth Con- tation of 15 minutes each upon any rollcall vote, gress. Pages S8, S44 with the warning signal to be sounded at the mid- Subsequently, the resolution was modified. way point, beginning at the last 71⁄2 minutes, and Page S44 when rollcoll votes are of 10 minutes’ duration, the Amending Senate Rules: Senate agreed to S. Res. warning signal be sounded at the beginning of the 17, to amend paragraph 4 of Rule XXV of the last 71⁄2 minutes. Page S9 Standing Rules of the Senate. Pages S8±9, S44 Authority to Receive Reports: Senate agreed that, Subsequently, the resolution was modified. during the 104th Congress, it be in order for the Page S44 Secretary of the Senate to receive reports at the desk Reappointment of Senate Legal Counsel: Senate when presented by a Senator at any time during the agreed to S. Res. 18, relating to the reappointment day of the session of the Senate. Page S9 of Michael Davidson as Senate Legal Counsel. Recognition of Leadership: Senate agreed that the Page S10 majority and minority leaders may daily have up to Majority Committee Appointments: Senate 10 minutes on each calendar day following the pray- agreed to S. Res. 20, making majority party appoint- er and disposition of the reading, or the approval of, ments to certain Senate committees for the 104th the Journal. Page S9 Congress. Page S10 House Parliamentarian Floor Privileges: Senate Displaced Staff Member: Senate agreed to S. Res. agreed that the Parliamentarian of the House of 25, relating to section 6 of S. Res. 458 of the 98th Representatives and his three assistants be given the Congress. Page S44 privilege of the floor during the 104th Congress. Amending Senate Rules: Senate began consider- Page S9 ation of S. Res. 14, amending paragraph 2 of the Printing of Conference Reports: Senate agreed Rule XXV of the Standing Rules of the Senate. that, notwithstanding the provisions of Rule Pages S30±44 XXVIII, conference reports and statements accom- Pending: panying them not be printed as Senate reports when Harking Amendment No. 1, amend the Standing such conference reports and statements have been Rules of the Senate to permit cloture to be invoked printed as a House report unless specific request is by a decreasing majority vote of Senators down to a made in the Senate in each instance to have such a majority of all Senators duly chosen and sworn. report printed. Page S9 Pages S30±44 Authority for Appropriations Committee: Senate A unanimous-consent time agreement was reached agreed that the Committee on Appropriations be au- providing for further consideration of the pending thorized during the 104th Congress to file reports amendment on Thursday, January 5, with a vote on during adjournments or recesses of the Senate on ap- a motion to table the amendment to occur thereon. propriation bills, including joint resolutions, to- Page S44 gether with any accompanying notices of motions to January 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 3 suspend Rule XVI, pursuant to Rule V, for the pur- Public Law 103–394, and upon the recommendation pose of offering certain amendments to such bills or of the Republican Leader, the appointment of James joint resolutions, which proposed amendment shall I. Shepard, of California, as a member of the Na- be printed. Pages S9±10 tional Bankruptcy Review Commission. Page S45 Authority for Corrections in Engrossment: Senate Commission on Protecting and Reducing Gov- agreed that, for the duration of the 104th Congress, ernment Secrecy: The Chair announced the follow- the Secretary of the Senate be authorized to make ing appointment made by the Democratic Leader, technical and clerical corrections in the engrossment Senator Mitchell, during the sine die adjournment: of all Senate-passed bills and resolutions, Senate Pursuant to provisions of Public Law 103–236, the amendments to House bills and resolutions, Senate appointment of Senator Moynihan and Samuel P. amendments to House amendments to Senate bills Huntington, of New York, as members of the Com- and resolutions, and Senate amendments to House mission on Protecting and Reducing Government amendments to Senate amendments to House bills or Secrecy. Page S45 resolutions. Pages S9±10 John C. Stennis Center for Public Training and Authority to Receive Messages and Sign Enrolled Development: The Chair announced the following Measures: Senate agreed that, for the duration of the appointment made by the Democratic Leader, Sen- 104th Congress, when the Senate is in recess or ad- ator Mitchell, during the sine die adjournment: Pur- journment, the Secretary of the Senate be authorized suant to provisions of Public Law 100–458, Sec. to receive messages from the President of the United 114(b)(1)(2), the reappointment of William Winter States and—with the exception of House bills, joint to a six-year term on the Board of Trustees of the resolutions, and concurrent resolutions-messages John C. Stennis Center for Public Training and De- from the House of Representatives, that they be ap- velopment, effective Oct. 11, 1994. Page S45 propriately referred, and that the President of the Senate, the President pro tempore, and the Acting Nominations Received: Senate received the follow- President pro tempore be authorized to sign duly en- ing nominations: rolled bills and joint resolutions. Pages S9±10 Robert E. Rubin, of New York, to be Secretary of Privileges of the Floor: Senate agreed that, for the the Treasury. duration of the 104th Congress, Senators be allowed Robert E. Rubin, of New York, to be United to leave at the desk with the Journal Clerk the States Governor of the International Monetary Fund names of two staff members who will be granted the for a term of five years; United States Governor of privilege of the floor during the consideration of the the International Bank for Reconstruction and De- specific matter noted, an that the Sergeant-at-Arms velopment for a term of five years; United States be instructed to rotate such staff members as space Governor of the Inter-American Development Bank allows. Pages S9±10 for a term of five years; United States Governor of the African Development Bank for a term of five Referral of Treaties and Nominations: Senate years; United States Governor of the Asian Develop- agreed that for the duration of the 104th Congress, ment Bank; United States Governor of the African it be in order to refer treaties and nominations on Development Fund; United States Governor of the the day when they are received from the President, European Bank for Reconstruction and Development. even when the Senate has no executive session that Ronna Lee Beck, of the District of Columbia, to day. Pages S9±10 be an Associate Judge of the Superior Court of the Appointments: District of Columbia for the term of fifteen years. Commission on the Roles and Capabilities of the Linda Kay Davis, of the District of Columbia, to U.S. Intelligence Community: The Chair announced be an Associate Judge of the Superior Court of the the following appointment made by the Republican District of Columbia for the term of fifteen years. Leader, Senator Dole, During the sine die adjourn- Eric T. Washington, of the District of Columbia, ment: Pursuant to provisions of Public Law to be an Associate Judge of the Superior Court of 103–359, the appointment of Senator Warner and the District of Columbia for the term of fifteen David H. Dewhurst, of Texas, as members of the years. (See next issue.) Commission on the Roles and Capabilities of the Messages From the House: Page S45 United States Intelligence Community. Page S45 Communications: Page S45 National Bankruptcy Review Commission: The Chair announced the following appointment made Petitions: Pages S45±47 by the President pro tempore, Senator Byrd, during Statements on Introduced Bills: the sine die adjournment: Pursuant to provisions of S553±S171 (continued next issue) D 4 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995

Additional Cosponsors: (See next issue.) Adjournment: Senate convened at 12 noon, and re- cessed at 9:10 p.m., until 10 a.m., on Thursday, Amendments Submitted: (See next issue.) January 5, 1995. (For Senate’s program, see the re- Notices of Hearings: (See next issue.) marks of the Acting Majority Leader in today’s Additional Statements: (See next issue.) RECORD on page S45.) Quorum Calls: One quorum call was taken today. (Total—1) (See next issue.) Committee Meetings No committee meetings were held. h House of Representatives Congress’’ (H. Rept. 103–880, filed on December Chamber Action 29, 1994); Bills Introduced: [Bills and resolutions introduced Report entitled ‘‘Activities of the Committee on today will be printed in a future issue of the Armed Services for the 103d Congress’’ (H. Rept. RECORD.] 103–881, filed on December 29, 1994); Reports Filed: The following reports were filed sub- Report entitled ‘‘Activity of the Committee on sequent to the sine die adjournment of the One Energy and Commerce for the 103d Congress’’ (H. Hundred Third Congress: Rept. 103–882, filed on January 2); Report entitled ‘‘Activities of the Committee on Report entitled ‘‘Activities of the Committee on Education and Labor During the 103d Congress’’ (H. the Judiciary During the 103d Congress’’ (H. Rept. Rept. 103–872, filed on December 13, 1994); 103–883, filed on January 2); Report entitled ‘‘Summary of Activities of the Report entitled ‘‘Activities of the House Commit- Committee on Standards of Official Conduct During tee on Government Operations During the 103d the 103d Congress’’ (H. Rept. 103–873, filed on Congress’’ (H. Rept. 103–884, filed on January 2); December 13, 1994); Report entitled ‘‘Activities of the Committee on Report entitled ‘‘Activities and Summary Report Small Business During the 103d Congress’’ (H. of the Committee on the Budget During the 103d Rept. 103–885, filed on January 2); Congress’’ (H. Rept. 103–874, filed on December Report entitled ‘‘Activities of the Committee on 19, 1994); Agriculture During the 103d Congress’’ (H. Rept. Report entitled ‘‘Legislative Review Activity Dur- 103–886, filed on January 2); ing the 103d Congress of the Committee on Ways Report entitled ‘‘Final Report on the Activities of and Means’’ (H. Rept. 103–875, filed on December the Merchant Marine and Fisheries Committee, 103d 20, 1994); Congress’’ (H. Rept. 103–887, filed on January 2); Report entitled ‘‘Activities of the Committee on Report entitled ‘‘Summary of Activities of the Post Office and Civil Service for the 103d Congress’’ Committee on Science, Space, and Technology for (H. Rept. 103–876, filed on December 20, 1994); the 103d Congress’’ (H. Rept. 103–888, filed on Report entitled ‘‘Summary of Legislative Activities January 2); and of the Committee on Public Works and Transpor- Report entitled ‘‘Report on the Activities of the tation, One Hundred Third Congress’’ (H. Rept. Committee on Appropriations During the 103d 103–877, filed on December 22, 1994); Congress (H. Rept. 103–889, filed on January 2). Report entitled ‘‘Activities Report of the Commit- (See next issue.) tee on Veterans’ Affairs, House of Representatives, Election of Speaker: By a yea-and-nay vote of 228 103d Congress’’ (H. Rept. 103–878, filed on De- yeas to 202 nays, with 4 voting ‘‘present’’, Roll No. cember 23, 1994); 2, Newt Gingrich of the State of Georgia was elect- Report entitled ‘‘Activities of the Permanent Se- ed Speaker of the House of Representatives over lect Committee on Intelligence During the 103d Richard A. Gephardt of the State of Missouri. Rep- Congress’’ (H. Rept. 103–879, filed on December resentatives Thomas of California, Fazio, Roukema, 23, 1994); and Schroeder acted as tellers. The Speaker was es- Report entitled ‘‘Legislative Review Activities of corted to the Chair by Representatives Gephardt, the Committee on Foreign Affairs During the 103d Armey, DeLay, Bonior, Boehner, Fazio, Collins of January 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 5 Georgia, Lewis of Georgia, Bishop, Deal, Kingston, By a yea-and-nay vote of 421 yeas to 6 nays, Roll Linder, McKinney, Barr, Chambliss, and Norwood. No. 7, the House agreed to section 102 of the reso- Pages H3±4 lution regarding truth-in-budgeting baseline reform; Representative Dingell administered the oath of (See next issue.) office to the Speaker, who subsequently administered By a yea-and-nay vote of 355 yeas to 74 nays, the oath to Members-elect present en bloc. Page H8 with 1 voting ‘‘present’’, Roll No. 8, the House Party Leaders: It was announced that Representa- agreed to section 103 of the resolution regarding tives Armey and Gephardt had been elected majority term limits for the Speaker, committee and sub- and minority leaders, respectively, and that Rep- committee chairmen; (See next issue.) resentatives DeLay and Bonior had been appointed By a yea-and-nay vote of 418 yeas to 13 nays, majority and minority whips, respectively. Roll No. 9, the House agreed to section 104 of the Pages H8±9 resolution regarding a ban on proxy votes in any House Officers: House agreed to H. Res. 1, elect- committee or subcommittee; (See next issue.) ing the following officers of the House of Represent- By a yea-and-nay vote of 431 yeas, Roll No. 10, atives: Robin H. Carle, Clerk; Wilson S. Livingood, the House agreed to section 105 of the resolution re- Sergeant at Arms; Scott M. Faulkner, Chief Admin- garding sunshine rules concerning committee meet- istrative Officer; and Reverend James David Ford, ings; (See next issue.) Chaplain. Page H9 By a yea-and-nay vote of 279 yeas to 152 nays, On division of the question, rejected an amend- Roll No. 11, the House agreed to section 106 of the ment that sought to name certain minority employ- resolution regarding limitations on tax increases; ees to the positions of Clerk, Sergeant at Arms, and (See next issue.) Chief Administrative Officer. Page H9 By a yea-and-nay vote of 430 yeas to 1 nay, Roll Notify Senate: House agreed to H. Res. 2, to in- No. 12, the House agreed to section 107 of the reso- form the Senate that a quorum of the House had as- lution regarding a comprehensive House audit; and sembled and had elected Newt Gingrich, a Rep- (See next issue.) resentative from the State of Georgia, Speaker; and By a yea-and-nay vote of 249 yeas to 178 nays, Robin H. Carle, a citizen of the Commonwealth of Roll No. 13, the House agreed to section 108 of the Virginia, Clerk of the House of Representatives. resolution providing that the Majority Leader and Page H9 Minority Leader, or their designees, be authorized to Notify President: House agreed to H. Res. 3, au- call up for consideration on January 4, 1995 (or thorizing the Speaker to appoint a committee of two thereafter) H.R. 1, the ‘‘Congressional Accountabil- members to join with a like committee of the Senate ity Act of 1995’’, subject to one hour of debate, to notify the President that a quorum of each House equally divided between the Majority Leader and has assembled and that the Congress is ready to re- Minority Leader, or their designees, and subject to ceive any communication that he may be pleased to one motion to recommit by the minority, which make. Subsequently, the Speaker appointed Rep- could include amendments; and (See next issue.) resentatives Armey and Gephardt to the committee. House agreed to title II of the resolution which Page H9 provided for House administrative reforms; changes in the committee system; oversight reform; Member Inform President: House agreed to H. Res. 4, au- assignment limit; multiple bill referral reform; accu- thorizing the Clerk of the House to inform the racy of committee transcripts; elimination of ‘‘rolling President that the House of Representatives had elected Newt Gingrich, a Representative from the quorums’’; prohibition on committees sitting during State of Georgia, Speaker; and Robin H. Carle, a cit- House consideration of amendments; accountability izen of the Commonwealth of Virginia, Clerk of the for committee votes; affirmation of minority’s rights on motions to recommit; waiver policy for special House of Representatives. Page H9 rules; prohibition on delegate voting in Committee House Rules: House agreed to H. Res. 6, adopting of the Whole; accuracy of the CONGRESSIONAL the Rules of the House of Representatives for the RECORD; automatic rollcall votes; appropriations re- One Hundred Fourth Congress. forms; ban on commemoratives; numerical designa- Pages H23±38 (continued next issue) tion of amendments submitted for the CONGRES- By a yea-and-nay vote of 416 yeas to 12 nays, SIONAL RECORD; requirement for the Pledge of Alle- Roll No. 6, the House agreed to section 101 of the giance as the third order of business each day; publi- resolution regarding committees, subcommittees, and cation of signators of discharge petitions; protection staff reforms; (See next issue.) D 6 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995 of classified materials; structure of the Permanent Se- Steering and Policy Committees Funding: House lect Committee on Intelligence; abolition of legisla- agreed to H. Res. 9, providing amounts for the Re- tive service organizations; and miscellaneous provi- publican Steering Committee and the Democratic sions and clerical corrections. (See next issue.) Policy Committee. (See next issue.) Rejected the Bonior motion to commit title II to Employee Position Transfers: House agreed to H. a select committee composed of the Majority Leader Res. 10, providing for the transfer of two employee and the Minority Leader with instructions to report positions. (See next issue.) back the same to the House forthwith containing an Sacrifice and Courage of Warrant Officers amendment that changes from three to four years the Hilemon and Hall: House agreed to H. Con. Res. Speaker term limits; contains language regarding 1, recognizing the sacrifice and courage of Army majority-minority committee staff ratios on commit- Warrant Officers David Hilemon and Bobby W. tees; language regarding the striking of waivers from Hall II, whose helicopter was shot down over North budget resolutions; language regarding a ban on Korea on December 17, 1994. (See next issue.) gifts from lobbyists; language regarding certain limi- tations on income from royalties received by any Committee Elections: House agreed to the follow- Members, officer, or employee of the House; and lan- ing resolutions to designate committee memberships: guage amending existing rules creating the position H. Res. 11, designating majority membership on of Director of Non-Legislative and Financial Services certain standing committees of the House; (rejected by a recorded vote of 201 ayes to 227 noes, H. Res. 12, designating minority membership on Roll No. 14). (See next issue.) certain standing committees of the House; and H. Res. 5, the rule which provided for the consid- H. Res. 13, electing Representative Bernard Sand- eration of the resolution, was agreed to earlier by a ers to standing committees of the House. yea-and-nay vote of 251 yeas to 181 nays, Roll No. (See next issue.) 5. Agreed to order the previous question on the reso- House of Representatives Page Board: Pursuant lution by a yea-and-nay vote of 232 yeas to 199 to section 127 of Public Law 97–377, the Speaker nays, Roll No. 3. Pages H10±19, H22±23 appointed as members of the House of Representa- Earlier, objection was heard to a unanimous con- tives Page Board the following Members: Represent- sent request to consider the resolution. Rejected the atives Emerson and Kolbe. (See next issue.) Bonior motion to commit H. Res. 5 to the Commit- House Office Building Commission: Pursuant to tee on Rules with instructions (rejected by a yea- the provisions of 40 United States Code, sections and-nay vote of 196 yeas to 235 nays, Roll No. 4). 175 and 176, the Speaker appointed Representative Pages H19±22 Armey as a member of the House Office Building Congressional Accountability Act: By a yea-and- Commission, to serve with himself and Representa- nay vote of 429 yeas, Roll No. 15, the House passed tive Gephardt. (See next issue.) H.R. 1, to make certain laws applicable to the legis- Select Committee on Intelligence: Pursuant to lative branch of the Federal Government. clause 1 of rule 48 and clause 6(f) of rule 10, the (See next issue.) Speaker appoints as members of the Permanent Se- Legislative Program: The Majority Leader an- lect Committee on Intelligence the following Mem- nounced the legislative program for the week of Jan- bers: Representatives Combest, Chairman, Dornan, uary 9. Agreed that the House will adjourn from Young of Florida, Hansen, Lewis of California, Goss, Thursday to Monday; and adjourn from Monday, Shuster, McCollum, Castle, Dicks, Richardson, January 9 until Wednesday, January 11; and adjourn Dixon, Torricelli, Coleman, Pelosi, and Laughlin. from Wednesday, January 11, until Friday, January (See next issue.) 13. (See next issue.) Morning Hour Debate: It was made in order that Calendar Wednesday: Agreed to dispense with Cal- the House may convene 90 minutes earlier than the endar Wednesday business of Wednesday, January time otherwise established by order of the House on Mondays and Tuesday of each week solely for the 11. (See next issue.) purpose of conducting ‘‘morning hour’’ debates Minority Employees: House agreed to H. Res. 7, under certain conditions. (See next issue.) providing for the designation of certain minority Clerk’s Authorization: Read a letter from the Clerk employees. (See next issue.) of the House wherein, under clause 4 of Rule III of Meeting Hour 104th Congress: House agreed to the Rules of the House of Representatives, she des- H. Res. 8, fixing the daily hour of meeting for the ignates Ms. Linda Nave, Deputy Clerk, to sign any 104th Congress. (See next issue.) and all papers and do all other acts under the name January 4, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 7 of the Clerk of the House which she would be au- strengthen the partnership between the Federal Govern- thorized to do by virtue of such designation, except ment and State, local and tribal governments, 9:30 a.m., as provided by statute, in case of the Clerk’s tem- SH–216. porary absence or disability. (See next issue.) Committee on Governmental Affairs: January 5, to hold joint hearings with the Committee on the Budget on S. Senate Messages: Message received from the Senate 1, to curb the practice of imposing unfunded Federal today appears on page H23. mandates on States and local governments, and to Quorum Calls—Votes: One quorum call (Roll No. strengthen the partnership between the Federal Govern- 1), thirteen yea-and-nay votes, and one recorded vote ment and State, local and tribal governments, 9:30 a.m., developed during the proceedings of the House SH–216. Committee on the Judiciary: January 5, to hold hearings today and appear on pages H1–2, H3–4, H19, H22, on a proposed constitutional amendment to balance the H22–23 (continued next issue). Federal budget, 10 a.m., SD–226. Adjournment: Met at noon and adjourned 2:24 a.m. on Thursday, January 5. NOTICE For a listing of Senate committee meetings sched- Committee Meetings uled ahead, see page E30 in today’s RECORD. No committee meetings were held. House Chamber f The program will be announced. CONGRESSIONAL PROGRAM AHEAD House Committees Week of January 5 through 7, 1995 Committee on the Budget, January 6, to hold an organiza- tional meeting, 10 a.m., 210 Cannon. Senate Chamber Committee on Economic and Educational Opportunities, Janu- On Thursday, Senate will resume consideration of ary 5, to hold an organizational meeting, 9:30 a.m., 2175 S. Res. 14, amending paragraph 2 of Rule XXV of Rayburn. Committee on the Judiciary, January 5, to hold an organi- the Standing Rules of the Senate, with a vote on the zational meeting, 11 a.m., 2141 Rayburn. motion to table Harkin Amendment No. 1, relating Committee on Rules, January 5, to hold an organizational to the imposition of cloture, to occur at 11:30 a.m. meeting, 1 p.m., H–313 Capitol. Senate may also consider S. 2, to make certain Committee on Science, January 5, to hold an organiza- laws applicable to the legislative branch of the Fed- tional meeting, 1 p.m., 2318 Rayburn. eral Government. January 6, hearing on ‘‘Is Today’s Science Policy Pre- paring Us for the Future,’’ 9:30 a.m., 2318 Rayburn. Senate Committees Committee on Transportation and Infrastructure, January 5, (Committee meetings are open unless otherwise indicated) to hold an organizational meeting, 10 a.m., 2167 Ray- Committee on Banking, Housing, and Urban Affairs: Janu- burn. ary 5 and 6, to hold hearings to examine issues involving Committee on Ways and Means, January 5, to hold an or- municipal, corporate and individual investors in deriva- ganizational meeting, 11 a.m., and to hold a hearing on tive products and the use of highly leveraged investment the Contract With America, 1 p.m., 1100 Longworth. strategies, 10 a.m., SD–106. Committee on the Budget: January 5, to hold joint hear- Joint Meetings ings with the Committee on Governmental Affairs on S. Joint Economic Committee: January 6, to hold hearings on 1, to curb the practice of imposing unfunded Federal the employment-unemployment situation for December, mandates on States and local governments, and to 9:30 a.m., SD–538. D 8 CONGRESSIONAL RECORD — DAILY DIGEST January 4, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, January 5 10 a.m., Thursday, January 5

Senate Chamber House Chamber Program for Thursday: At 10:15 a.m., Senate will re- Program for Thursday: No legislative business is sched- sume consideration of S. Res. 14, amending paragraph 2 uled. of Rule XXV, with a vote on the motion to table Harkin Amendment No. 1, relating to the imposition of cloture, to occur at 11:30 a.m.

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